To: MAYOR AND CITY COUNCIL
From: MARC WIENER, COMMUNITY DEVELOPMENT DIRECTOR
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DISCUSSION AND POSSIBLE ACTION ON DRAFT ZONING AMENDMENTS RELATED TO ARTICLE 8 (NONCONFORMING USES AND STRUCTURES)
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EXECUTIVE SUMMARY
As part of the 2026 General Plan Update and 6th Cycle Housing Element implementation, zoning changes were made to a limited number of properties. In some instances, the changes created legal nonconformities, meaning that the structures and uses that were allowed under the prior zoning ordinance no longer comply. Some of the changes converted the block located at Torrance Boulevard between S. Irena Avenue and S. Juanita Avenue from single-family residential (R-1) to Commercial (C-2), while also rezoning a stretch along S. Pacific Coast Highway (PCH) from Residential High Density (RH) to Commercial (C-2). The intent of these zoning changes was to allow for commercial uses in these areas because they both front the commercial corridors of Torrance Boulevard and PCH.
In the October 29, 2024 City Council Administrative Report (Attachment 2), staff identified that these areas along PCH and Torrance Boulevard consist of predominantly low-density residential buildings, most of which are in good condition. It was noted that rezoning the subject areas would make these uses nonconforming and limit the ability of the owner to maintain or potentially rebuild their homes. The City Council directed staff to prepare draft amendments to Article 8 (Nonconforming Uses and Structures) to allow improvements, repairs, and reconstruction of these residential structures at the subject locations where the rezoning occurred. Recently concern was raised by some of the property owners potentially affected by the rezoning, and, as such, staff is returning with draft amendments that would provide greater flexibility for these rezoned properties.
Separately, the implementation of the 6th Cycle Housing Element required that several sites currently developed with commercial or industrial uses, mostly in the north part of the City, be rezoned to allow residential uses with a requirement that a minimum of 50% of the floor area for future new development be devoted to residential usage. Throughout the discussion, the City Council expressed support for amending Article 8 (Nonconforming Uses and Structures) to allow greater flexibility to maintain, repair, and make minor additions to these legal nonconforming properties that resulted from the 6th Cycle Housing Element. Amendments are proposed that would allow for structural alternations and additions to these structures up to 15% of the existing floor area.
Other amendments are being proposed to Article 8 of the Municipal Code that would help clarify the standards and procedures for working with nonconformities, while also providing greater flexibility. This item gives the City Council an opportunity to provide feedback and policy direction to staff prior to final preparation of the amending ordinance.
BACKGROUND
The following is a summary of the proposed amendments to the nonconforming regulations contained in Article 8 of the Municipal Code:
• Purpose: The Purpose section would be updated to maintain the intent of limiting and eventually eliminating nonconformities, while balancing regulations that provide greater flexibility to continue reasonable maintenance of structures and promote reinvestment in properties.
• Residential Properties Affected by the 2026 General Plan Update: Existing residential uses in areas previously zoned residential that were designated commercial as part of the 2026 General Plan Update would be permitted to make structural alterations, build additions, and rebuild replacement residential structures at the original density. The alteration, addition, or rebuilt residential structure would need to comply with the sites pre-existing residential zoning development standards.
• Commercial/Industrial Properties Affected by 6th Cycle Housing Element: Would allow structural alterations, repairs, and additions up to 15 percent of the structure’s existing square footage, if in compliance with the pre-existing zoning standards.
• Minor Alterations and Additions: Would allow certain structural alterations and minor additions involving nonconforming uses or structures to be reviewed through Administrative Design Review rather than requiring Planning Commission Design Review.
• Reconstruction of Destroyed Structures: Would allow reconstruction of nonconforming structures and uses for residential, commercial and industrial, in the event that 50% or more is destroyed. This amendment is intended to address concerns that have been raised about the difficulty in obtaining property insurance from owners of nonconforming buildings.
• Discontinuation Standard: Would clarify that a nonconforming use loses its legal nonconforming status when a conforming use replaces a nonconforming use rather than simply being discontinued for two years. The proposed standards for abandonment of use are more consistent with Department practice and are supported by California case law.
• Administrative Authority: Would allow the Community Development Director to approve minor deviations from the nonconforming regulations subject to Administrative Design Review, where applicable.
Collectively, the amendments would provide reasonable flexibility for legally established properties while maintaining the City's long-term objective that new development and uses conform to current zoning requirements.
COORDINATION
This report was prepared in coordination with the City Manager’s Office.
FISCAL IMPACT
Funding for the preparation of the proposed zoning amendments is available in the Community Development Department’s annual operating budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Redondo Beach Municipal Code - Draft Amendments to Article 8 (Nonconforming Uses and Structures) Redlined
• Administrative Report - City Council, October 29, 2024