Honorable Chair and Members of the Hermosa Beach Planning Commission
Regular Meeting of May 16, 2023
Title
TA23-01 ZONE TEXT AMENDMENT AND ORDINANCE TO AMEND THE HERMOSA BEACH MUNICIPAL CODE CHAPTER 17.21 REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
(Associate Planner Maricela Guillean)
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Recommended Action:
Recommendation
Staff recommends that the Planning Commission adopt Resolution No. 23-05 recommending that the City Council approve Zone Text Amendment 23-01, thereby amending 17.21 regarding Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine that the project is exempt from the California Environmental Quality Act (CEQA).
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Executive Summary:
Staff has identified some clarifying items in the Accessory Dwelling Unit (ADU) Ordinance as written, and has brought a revised Ordinance for review and recommendation to the City Council. The proposed Ordinance includes changes to the Hermosa Beach Municipal Code substantially in the form attached.
Background:
In 2022, the California Legislature approved, and the Governor signed Senate Bill (SB) 897 into law further amending Government Code sections 65852.2 and 65852.22, pertaining to ADUs. The City Council adopted ADU Ordinance No. 22-1456U to comply with the regulations set forth in SB 897 on December 13, 2022.
Since that time, staff has identified language pertaining to building heights in the ADU Ordinance that requires correction in order to be consistent with other portions of the Zoning Ordinance. On April 6, 2023, staff engaged in consultation with California Housing and Community Development (HCD), who advised that some clarification was needed on whether garages were included as accessory structures eligible for conversion to ADUs. Lastly, in responding to development requests from property owners, staff has identified areas of flexibility needed to accommodate and facilitate the construction of ADUs or Junior ADUs (JADUs) in certain circumstances.
Past Board, Commission and Council Actions
|
Meeting Date |
Description |
|
May 15, 2018 |
Planning Commission first reading of the ADU Ordinance |
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June 25, 2018 |
Planning Commission recommends City Council approve Zone Text Amendment 18-1, thereby establishing local standards for State mandated ADUs. |
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July 24, 2018 |
City Council first reading of the ADU Ordinance |
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August 18, 2018 |
City Council adopts Ordinance No. 18-1385 |
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December 9, 2019 |
Planning Commission recommends City Council approve Zone Text Amendment 19-2, thereby amending the Municipal Code regarding ADUs. |
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January 14, 2020 |
City Council adopts Urgency Ordinance No. 20-1403U |
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January 28, 2020 |
City Council adopts Ordinance 20-1204 |
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November 15, 2022 |
Planning Commission recommends City Council approve Zone Text Amendment 22-02, thereby amending the Municipal Code regarding ADUs and JADUs. |
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November 29, 2022 |
City Council continues the item to the December 13, 2022 meeting. |
|
December 13, 2022 |
City Council adopts Ordinance No. 22-1456U |
Analysis:
Text Amendment
Proposed amendments are shown below. Bold, italicized, and underlined text represents proposed additions (example). Strikethrough text represents proposed deletions (example).
Ø 17.21.030(A)(1): Approval of Building-permit Only ADUs and JADUs
Existing regulations currently allow for existing or proposed single-family dwellings to convert space for one ADU and one JADU. Section 17.21.025 defines a JADU as a residential unit which may not exceed 500 square feet in size. The definition of JADU also includes the option of a shared bathing facilities, whereas an ADU requires its own bathing facility. Homeowners have approached the City to seek permission to construct JADUs that are larger than 500 square feet, which is inconsistent with the definition of a JADU. Staff proposes to expand the option for homeowners to decide on constructing a second ADU in lieu of a JADU, which would allow a homeowner to add a second accessory unit larger than a JADU, but that has complete kitchen and bathroom facilities.
Ø 17.21.040(B)(4): ADU and JADU Height Requirements
Existing regulations limit building height to a maximum of 25 feet for all newly created structures within the R-1 zone. However, maximum building height is 30 feet for all other residential zones within the City, creating an inconsistency on potential heights in those zones. As such, staff recommends amending the language to allow ADUs and JADUs that are converted or newly built to reflect the underlying zoning district in which they are located. Updating the language to reflect the underlying zone allows for greater flexibility and does not hinder a property owner from building to the full height allowed within the underlying zone.
Ø 17.21.040(B)(5): ADU and JADU Height Measurement Requirements
Previous ADU Ordinances outline that ADUs shall be measured based on the permitted base zone. This language was not carried forward when the most recent ADU Ordinance was adopted (Attachment 3). Staff seeks to correct the language in the ADU Ordinance to ensure all ADUs and JADUs are measured based on the appropriate building height requirements (Chapter 17.46).
Ø 17.21.040(F): Roof Decks on ADUs and JADU
The prohibition of roof decks on ADUs and JADUs has been carried over provision since the 2018 ADU Ordinance. With the current code prohibiting roof decks, the location of new or converted ADUs and JADUs may be restricted if an existing or proposed structure has a roof deck. Under Section 17.21.050(D), open space requirements cannot be regulated, and depending on where an ADU is proposed, existing open spaces areas are reduced or eliminated altogether. Allowing roof decks on ADUS and JADUs provides additional open space that otherwise may not be allowed under the current code. Roof decks would be regulated under Chapter 17.46, as the code regulates the height of roof decks as part of total building height. Deletion of this text would allow more design flexibility, provide open space opportunities, and roof decks will still be governed under the same height regulations as a roof deck above a primary dwelling unit.
General Plan Consistency:
The proposed text amendment has been evaluated for consistency with the City’s General Plan. Relevant Goals and Policies are listed below:
• Policy 2.1 The City will continue to promote the development of a variety of housing types and styles to meet the existing and projected housing needs of all segments of the community.
• Policy 2.2 The City will continue to encourage the development of safe, sound, and decent housing to meet the needs of varying income groups.
• Policy 4.4 The City will continue to evaluate its Zoning Ordinance and General Plan and remove governmental constraints related to development standards. These may include, but not be limited to, parking requirements, allowing affordable housing on commercial sites, new standards for mixed-use development, lot consolidation incentives, and senior housing requirements.
Environmental Determination:
The proposed project under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”), does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, and which regulates JADUs, as defined by Section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
Public Notification:
For the May 16, 2023 Planning Commission hearing, a legal ad was published on May 4, 2023 in the Easy Reader, a newspaper of general circulation. Public notification materials are included as Attachment 4. As of the writing of the report, staff has received no public comments.
Attachments:
1. Draft Resolution and Draft Ordinance No. 23-05
2. Track Change Draft Ordinance
3. Ordinance No. 22-1456U
4. Public Notification Package
5. Link to the May 15, 2018 Planning Commission meeting
6. Link to the June 25, 2018 Planning Commission meeting
7. Link to the July 24, 2018 City Council meeting
8. Link to the August 28, 2018 Planning Commission meeting
9. Link to the December 9, 2019 Planning Commission meeting
10. Link to the January 14, 2020 City Council meeting
11. Link to the January 28, 2020 City Council meeting
12. Link to the November 15, 2022 Planning Commission meeting
13. Link to the November 29, 2022 City Council meeting
14. Link to the December 13, 2022 City Council meeting
Respectfully Submitted by: Maricela Guillean, Associate Planner
Legal Review: Patrick Donegan, City Attorney
Approved: Carrie Tai, AICP, Community Development Director