To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
title
PUBLIC HEARING TO CONSIDER THE PLANNING COMMISSION'S RECOMMENDATION TO AMEND TITLE 10 CHAPTER 2 (ZONING ORDINANCE) AND TITLE 10 CHAPTER 5 (COASTAL LAND USE PLAN IMPLEMENTING ORDINANCE) OF THE MUNICIPAL CODE AND THE LOCAL COASTAL PLAN PERTAINING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES CONSISTENT WITH STATE LAW
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3206-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10 CHAPTER 2 OF THE MUNICIPAL CODE PERTAINING TO ACESSORY DWELLING UNITS IN RESIDENTIAL ZONES CONSISTENT WITH STATE LAW. FOR INTRODUCTION AND FIRST READING.
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3207-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10 CHAPTER 5 OF THE MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN THE COASTAL ZONE, CONSISTENT WITH STATE LAW. FOR INTRODUCTION AND FIRST READING.
ADOPT BY TITLE ONLY RESOLUTION NO. CC-2010-072, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, REQESTING CERTIFICATON BY THE CALIFORNIA COASTAL COMMISSION OF AMENDMENTS TO THE COASTAL LAND USE PLAN IMPLEMENTATION ORDINANCE (TITLE 10, CHAPTER 5 OF THE MUNICIPAL CODE) AND REQUESTING REVIEW OF THE AMENDMENTS BY THE STATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PERTAINING TO ACCESSORY DWELLING UNITS, CONSISTENT WITH STATE LAW, WHICH IS INTENDED TO BE CARRIED OUT IN A MANNER FULLY IN COMFORMITY WITH THE COASTAL ACT; AND PROVIDING THAT THE AMENDMENTS TO THE CITY’S LOCAL COASTAL PROGRAM WILL TAKE EFFECT AUTOMATICALLY UPON COASTAL COMMISSION APPROVAL PURSUANT TO PUBLIC RESOURCES CODE SECTION 30514 AND TITLE 14, SECTION 13551 OF THE CALIFORNIA CODE OF REGULATIONS.
PROCEDURES:
a. Open the Public Hearing, take testimony; and
b. Close the Public Hearing; and
c. Introduce Ordinances 3206-20 & 3207-20 by title only; and
d. Adopt Resolution No. CC-2010-072 by title only.
end
EXECUTIVE SUMMARY
In 2019 the State Senate and Assembly adopted several bills pertaining to housing, and specifically to accessory dwelling units (ADUs). The Governor signed those bills into law in October 2019. The amendments went into effect on January 1, 2020.
On January 10, 2020, the California Department of Housing and Community Development (HCD) provided a summary of changes and the adopted legislation related to ADUs. Since there were several bills adopted that revised the State’s regulations on ADUs, it was important to evaluate the sequence of when they were signed into law to determine which revisions are effective. With the HCD summary issued, the City Attorney’s office gained further information on the appropriate implementation of the regulations. Most specifically, the designation of streamlined ADUs versus non-streamlined ADUs. That distinction has been incorporated into the proposed ADU ordinances that are before the City Council for consideration.
BACKGROUND
In 2019 the State Senate and Assembly adopted several bills pertaining to housing, and specifically to ADUs. The Governor signed those bills into law in October 2019. The amendments went into effect on January 1, 2020.
The Community Development Office received legislative summaries from the City’s lobbyist Arnold and Associates, Inc. and from the State Office of Planning and Research (OPR) regarding the 2019 State adopted bills. The summary from Arnold and Associates, Inc. included new legislation that became effective January 1, 2020 that pertains to Housing, Community and Economic Development. The OPR summary was a compilation of bills pertaining to local and regional governance. Neither is the exhaustive list of all bills adopted or all bills that may be relevant to local and regional government. However, both summaries list pertinent housing legislation, including new regulations pertaining to ADUs. Both summaries were included in the City Council briefing regarding adopted housing-related legislation at the January 7, 2020 City Council meeting and are attached to this report.
On January 10, 2020, HCD provided a summary of changes and the adopted legislation related to ADUs (see attached). With the HCD summary issued, the City Attorney’s office gained further information on the appropriate implementation of the regulations. Most specifically, the designation of streamlined ADUs versus non-streamlined ADUs. That distinction has been incorporated into the proposed ADU ordinances that are before the City Council for consideration.
The key changes resulting from the legislation include the following:
§ Municipalities must allow ADUs in areas zoned to allow residential uses, including multi-family and mixed use
§ Junior Accessory Dwelling Units (JADUs) must be allowed under certain streamlined conditions
§ Minimum lot size requirements cannot be required
§ Owner-occupancy restrictions are not permitted (sunsets in 2025)
§ Jurisdictions may prohibit rentals of less than 30 days in all ADUs
§ Jurisdictions may allow (not required) the separate sale or conveyance of an ADU from a primary residence if it was constructed by a qualified nonprofit organization under AB 587
§ Setbacks:
o No setback requirement for conversions of existing structures
o No more than 4’ side and rear-yard setbacks can be required for all other ADUs
§ Height:
o Within or attached, same as main structure
o Detached, a maximum height of no less than 16 feet
o Cannot limit number of stories in streamlined ADUs
§ Minimum and maximum size requirements:
o Minimum size must allow efficiency units (150 square feet)
o Different standards for streamlined versus non-streamlined; some streamlined cannot have a maximum size requirement
§ Parking:
o If existing parking area is converted to an ADU, no replacement parking may be required (unless possibly in coastal area)
o No parking required for an efficiency or studio ADU
o No parking required for a streamlined unit (unless possibly in coastal area)
o Maximum of 1 space per bedroom or per ADU, whichever is less
o Must allow tandem parking and parking in setbacks
o No parking may be required for ADUs:
§ Within ½ mile walking distance of public transit (includes bus stops)
§ Within an architecturally or historically significant district
§ Part of the existing primary residence or a converted accessory structure
§ In areas where on-street parking permits are required but not offered to ADU occupants
§ Within one block of car share vehicles
Below are the regulations for streamlined applications versus what is proposed for the City of Redondo Beach to regulate regarding non-streamlined ADUs. There may be slightly more flexibility regarding parking requirements for the coastal area than inland.
Streamlined ADUs
Regardless of any other provisions, a City must approve applications for streamlined ADUs that meet the following standards, and may not impose any other standards.
Non-Streamlined ADUs
For ADU applications that do not meet the standards for streamlining, the City can impose some standards, such as parking, height, setback, landscaping, architectural review, maximum size, and historic resource protections. The draft ordinances condition that the non-streamlined standards apply only to lots with existing or proposed SFRs. Lots with existing MF dwellings would not be eligible for construction of ADUs under these proposed non-streamlined standards. As well, JADUs would not be allowed in non-streamlined cases per the drafted ordinances.
For all non-streamlined ADUs:
• ADUs could be limited to SFR zoning [draft ordinances propose this]
• No minimum lot size can be imposed
• No maximum floor area ratio between primary dwelling and ADU/JADU can be imposed
• ADU must comply with Building, Fire, and Health Codes
• Short-term rentals (less than 30 days) are prohibited
• Separate conveyance of ADUs is not allowed
• City cannot require owner occupancy of ADU or main unit (sunsets January 2025)
• City cannot require correction of existing non-conforming conditions, although applicants are encouraged to correct
• No fire sprinklers can be required unless required for primary SFD
• If on-site water system, City can require certain percolation tests
• Separate connections for clean and waste water required for ADUs larger than 500 sf or where existing system lacks adequate capacity
• City shall act on application within 60 days
• ADU may be within, attached to, or detached from existing SFR
• City can limit it so the ADU can only be on a lot with existing or proposed SFR (not MFR) [draft ordinances propose this]
• City can require that no existing ADU or JADU to be located on the site [draft ordinances propose this]
• City can require ADU to comply with building height, setback, site coverage, floor area ratio, building envelope, and payment of any applicable fees
• Size:
o Maximums as low as 850 sf limit (studio/1 bedroom) or 1000 sf (>1 bedroom) [draft ordinances propose this]
o Formulas for maximum size based on percentage of proposed or existing primary dwelling size, lot coverage, floor area ratio, open space, or lot size cannot reduce living area below 800 sf or limit height below 16 ft.
o Must still allow an efficiency unit (minimum 150 sf)
• Entrances:
o Can restrict attached ADUs to have direct (independent) exterior access [draft ordinances propose this]
o Can restrict attached ADU at gain access from rear or side only [draft ordinances propose this]
o Can restrict detached ADU access to at least 10 ft. from property line [draft ordinances propose this]
• Height limit:
o 16 ft. maximum height for detached (cannot go below that)
o Can limit detached ADU to one-story [draft ordinances propose this]
• Setbacks:
o No setback can be required for existing or replacement structures
o 4 ft. minimum side and rear yard for new construction and for ADUs that exceed footprint of existing structure or structure being replaced
o 5 ft. minimum distance between structures [draft ordinances propose this]
• Parking:
o In coastal zone, possibility that one parking space per ADU, provided on same lot as the ADU, could be required regardless of waivers (see inland zone). [draft ordinances propose this]
o In inland zone, one space can be required per ADU, provided on same lot as the ADU, unless
§ within ½ mile of public transit
§ in historic district
§ on-street parking permits required but not offered to ADU occupant
§ ADU is within or attached to existing SFR or accessory structure
§ car share vehicle is located within 1 block
o Parking in tandem or in setbacks must be allowed
o Replacement spaces for garage or carport demolition or conversion required in coastal zone; replacement cannot be required in inland zone [draft ordinances propose this]
• Coastal Development Permit (CDP):
o No CDP and public hearing required if ADU within existing SFR and does not affect major structural components
o If CDP required, public hearing waived if
§ ADU meets development standards for non-streamlined project
§ ADU has no potential to adversely impact coastal resources
§ Project is consistent with City’s Local Coastal Program
§ ADU has no adverse effect on access to coast
§ City does not receive a request for public hearing within 15 working days after notice of hearing waiver issued
Since conflicting local provisions are rendered null and void, leaving the State regulations to govern, City staff prepared ADU ordinance revisions that meet the State regulations and implement what local controls are allowed.
The Planning Commission considered these ordinances at a public hearing on September 17, 2020. The Planning Commission adopted a resolution with a vote of 5-1 (one commissioner was absent) recommending that the City Council amend Title 10, Chapter 5 of the Municipal Code pertaining to ADUs in residential zones in the Coastal Zone consistent with the State law, and that the City Council adopt a finding that the amendments are statutorily exempt from CEQA. The Planning Commission adopted a resolution with a vote of 6-0 (one commissioner was absent) recommending that the City Council amend Title 10, Chapter 2 of the Municipal Code pertaining to ADUs in residential zones in the Zoning Code consistent with the State law, and that the City Council adopt a finding that the amendments are statutorily exempt from CEQA. Those resolutions are attached to this Administrative Report.
COORDINATION
The preparation of the ordinances was coordinated with the City Attorney’s Office.
FISCAL IMPACT
The cost of processing Zoning Code amendments is typically part of the Community Development Department and City Attorney’s work plan and incorporated into the fiscal year operating budget. Due to COVID-19 budget impacts, the Community Development Department prepared an application for LEAP Grant funds from HCD for reimbursement of legal costs to prepare the ADU ordinances. That grant award has been issued by HCD.
APPROVED BY:
Joe Hoefgen, City Manager
ATTACHMENTS
• 2019 - Arnold & Associates Summary Housing Bills Enacted
• 2019 - OPR Legislative Summary
• Memorandum from California Department of Housing and Community Development regarding Local Agency Accessory Dwelling Units dated January 10, 2020
• Planning Commission Resolution No. 2020-09-PCR-016 adopted 9/17/20 recommending City Council amend Title 10, Chapter 5 of the Municipal Code pertaining to ADUs (pending signatures)
• Planning Commission Resolution No. 2020-09-PCR-015 adopted 9/17/20 recommending City Council amend Title 10, Chapter 2 of the Municipal Code pertaining to ADUs (pending signatures)
• Draft Ordinance No. 3206-20 amending Title 10, Chapter 2 Zoning Ordinance
• Draft Ordinance No. 3207-20 amending Title 10, Chapter 5 Coastal Land Use Implementing Ordinance
• Resolution No. 2010-072 authorizing transmittal to Coastal Commission and HCD
• Public Hearing Notice