Honorable Chairman and Members of the Hermosa Beach Planning Commission
Regular Meeting of May 15, 2018
Title
TA 18-1-Zone Text Amendment 18-1 to the Hermosa Beach Municipal Code,
Chapter 17, to Establish Local Standards for State Mandated
Accessory Dwelling Units (ADUs) in Residential Zones
Applicant:
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90245
Recommended Action:
Recommendation
Adopt the attached resolution recommending that the City Council approve Zone Text Amendment 18-1 to the Hermosa Beach Municipal Code, Chapter 17, to establish local standards for State mandated accessory dwelling units (ADUs) in residential zones, and making a determination that the project is statutorily exempt from the California Environmental Quality Act (CEQA).
Body
Background:
In 1992, the City added provisions to the Hermosa Beach Municipal Code (HBMC) that effectively prohibit the creation of second units in single-family zones (with the exception of second units no larger than 640 square feet on lots greater than 8,000 square feet). Pursuant to the Government Code in effect at that time, authorization for such a prohibition was conditioned on findings acknowledging that such action may limit housing opportunities, as well as further findings that specific adverse impacts on the public health, safety, and welfare would result from allowing second units within the city. Because “second units” would negatively impact traffic, density, the school system, infrastructure, sewer, loss of open space, increased impervious surfaces, and increase of solid waste generation, the City established findings sufficient to prohibit “second units” under the state law provisions at that time.
California is now facing a state-wide housing crisis, with rising housing costs, and a shortage of affordable housing options. One of the State’s solutions to this crisis is to encourage accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as a method of increasing the housing supply. To facilitate this approach, State laws related to ADUs went into effect January 2017 through adoption of AB 2299, SB 1069, and AB 2406 (JADUs) making significant changes to the manner in which local municipalities are required to regulate such units and replacing prior laws related to “second units”. These laws were further refined through the adoption of AB 494 and SB 229 which became effective January 2018. The goal of these new regulations is make local zoning codes more permissive in order to make it easier for owners of single-family residences to add ADUs.
The new State laws supersede the City’s existing prohibition of “second units.” Further, unless the City adopts its own “accessory dwelling unit” ordinance that complies with State standards, any applications for an ADU must be reviewed/approved by the City pursuant to the new allowances under State laws. Since the new State ADU laws went into effect in January 2017, the City has received three applications for accessory dwelling units. One of the three applications has been approved thus far because it met the requirements of the State laws, and it was an application for a JADU.
The new State laws define an ADU as a secondary dwelling unit with complete independent living facilities for one or more persons and generally take three forms:
• Detached: the unit is separated from the primary structure
• Attached: the unit is attached to the primary structure
• Repurposed Existing Space: Space (e.g. master bedroom) within the primary residence is converted into an independent living unit.
JADUs are defined as ADUs that are no more than 500 square feet and are located within an existing single-family residence.
Included as attachments to this report is the full text of the State law for ADUs (State of California Government Code Section 65852.2) and JADUs (State of California Government Code Section 65852.22). The provisions of these State laws are summarized in the tables below.
State Law - ADU Requirements
|
Topic |
SB 1069/SB 229/AB 2299/AB 494 (Government Code Section 65852.2) |
|
Processing |
Must be processed within 120 days of receiving application under a ministerial process or discretionary process if required by local ordinance. |
|
Floor Area |
Total area of an ADU shall not exceed 1,200 square feet or 50% of the existing floor area of the primary residence. |
|
Allowed Zones |
The lot is zoned for single-family or multi-family use. |
|
Location |
Existing or newly constructed single-family residence. |
|
Access to ADU |
• No passageway shall be required in conjunction with the ADU. • ADU within an existing single residential unit or accessory structure require independent exterior access. |
|
Setbacks |
• No setback shall be required for a legally permitted existing garage or other accessory building that is converted to an ADU. • If an ADU is constructed above a new or existing garage, a setback of no more than 5 feet is required from interior lot lines. |
|
Parking Exceptions |
A local government cannot impose parking standards for an ADU if: • ADU is within ½ mile of public transit; • ADU is located within an historic or architecturally significant district; • ADU is contained entirely within the permitted floor area of the existing primary residential unit or an existing accessory building; • ADU is in a Permit Parking Area where on-street parking permits are required but not offered to the occupant(s) of the ADU; or • When there is a carshare vehicle located within a walking distance (approximately 1 block) of the ADU. |
|
Parking Location |
• If parking is required, it shall not exceed one space per ADU or bedroom. • Off-street parking may be permitted in setback areas in locations determined by the City or in a tandem configuration, unless specific findings are made that it is not feasible or permitted anywhere else in the City. • If existing parking is demolished in conjunction with the ADU and off-street parking is required by the City, the replacement parking may be configured as covered or uncovered, in a tandem configuration, or in a mechanical lift. |
|
Utility Fee Requirement |
ADUs within the existing space of a single-family residence or accessory structure shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. Other ADUs may require new or separate utility connections and may be subject to a connection fee or capacity charge that shall be proportionate to the ADU size or number of plumbing fixtures. |
|
Fire Sprinklers |
Not required if not required for primary residence. |
|
Sale/Rental Restriction |
May not be sold separately from primary residence. May require owner occupancy of the main residence or ADU. |
|
Required Processing Timeframe |
ADU applications will be processed administratively within a 120 day timeframe in accordance with State law. |
State Law JADU Requirements
|
Topic |
AB 2406 (Government Code Section 65852.22) |
|
Processing |
Must be processed within 120 days of receiving complete application under a ministerial review process. |
|
Floor Area |
Total area of a JADU shall not exceed 500 square feet. |
|
Allowed Zones |
The lot is zoned for single-family or multi-family use. |
|
Location |
Inside the walls of an existing or newly constructed single-family residence. |
|
Bathroom |
May be separate or shared with main residence. |
|
Kitchen |
Must have a sink and cooking facility and cooking preparation area. |
|
Access to JADU |
Permitted from inside the main residence. Access from outside the main residence is also required. |
|
Parking Exceptions |
No parking shall be required. |
|
Utility Fee Requirement |
JADUs are located within the existing space of a single-family residence and shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. |
|
Fire Sprinklers |
Not required if not required for primary residence. |
|
Sale/Rental Restriction |
May not be sold separately from the residence. Owner occupancy is required. |
|
Required Processing Timeframe |
ADU applications will be processed administratively within a 120 day timeframe in accordance with state law. |
These State laws allow local governments to take a variety of actions beyond these statutes that regulate ADUs. This can be accomplished through the adoption of a local ordinance that imposes reasonable development standards specific to ADUs, provided they do not overly burden the overall development of ADUs. For instance, the City can impose reasonable development standards that regulate parking, height, lot coverage, lot size, and maximum unit size, but it cannot regulate to the point where it would defeat the State law and discourage the creation of ADUs as additional housing stock for the region.
Analysis:
Staff researched what action surrounding cities have taken thus far with regard to the new State law. It should be noted that some cities, i.e., Redondo Beach and Torrance, have allowed second units in their single-family residential zones, and therefore the new State law does not have as much impact as it does on cities that do not allow second units. Redondo Beach Planning staff advises that they have no plans to adopt their own ADU ordinance, and therefore, will operate under the parameters of the State law. Manhattan Beach Planning staff intends to create their own ADU ordinance in the near future. The City of El Segundo recently adopted an ADU ordinance that’s tailored to address the needs and unique characteristics of their community.
Currently, Hermosa Beach is almost 98% built out; it is the densest community in terms of housing and population in the South Bay and is 9th in terms of population density in Los Angeles County. These statistics have not significantly changed over the years. However, because the legislature has determined that ADUs can provide for additional rental housing stock, and the ability for cities to make findings to opt out of allowing ADUs has now been repealed, the City’s current ordinance banning accessory dwelling units must be amended in order to conform to State law.
In considering a draft ADU ordinance for Hermosa Beach, it is important to be mindful of the strong community desire that was expressed during the General Plan update process to maintain control of density due to the small sizes of residential lots and high population density, and to desire to preserve and maintain the character of predominantly single-family residential neighborhoods.
Though not required, local jurisdictions are encouraged to submit draft ordinances for review comments to the State Department of Housing and Community Development. City staff received HCD comments on the draft ordinance and worked with the City Attorney’s office to incorporate them accordingly.
Rather than allowing ADUs and JADUs on all single-family residential lots, the proposal is to permit ADUs and JADUs in both single-family and multiple-family residential zoned lots that are conforming to the City’s minimum lot size requirement of 4,000 square feet and which contain an existing or proposed single-family residence. This represents a substantial portion of Hermosa Beach land area, as approximately 68% of the total land area is zoned residential. Approximately 51% of residential uses are single-family uses, 47% multiple-family uses and 2% mobile home uses. There are approximately 3,682 residentially zoned lots, of which approximately 1,589 are at least 4,000 square feet in size. Therefore, approximately 43% of the city’s residential lots would be potential candidates for an ADU or JADU.
The proposal also limits the size of ADUs to a maximum of 640 square feet. Hermosa Beach residential lots are relatively small in comparison to those of most cities in California. As previously noted, the housing density in the city is already very high compared to most cities, and many lots currently permit multi-family units. As such, providing a maximum ADU size of 640 square feet is reasonable and compatible to the city’s smaller lot sizes and existing density, and is consistent with the ADU being considered “accessory” to the main unit, providing more affordability, while also minimizing impacts.
With regard to parking, State law does not allow parking requirements to be imposed for any JADU, but allows parking requirements to be imposed for an ADU only if it is located more than one-half mile from public transit. Hermosa Beach land area totals 1.4 square miles, and all properties are located within one-half mile of public transit, i.e., Pacific Coast Highway. As such, no parking requirements can be imposed on an ADU in Hermosa Beach.
It should be noted that Hermosa Beach also has a large number of residential properties that are nonconforming to the HBMC regulations regarding the building and/or the use. It is not intended that adoption of the proposed ADU ordinance exempt the primary residence on the lot from complying with HCMC Section 17.52 regulations for nonconforming buildings and uses. For example, if a building is nonconforming to parking requirements, an ADU/JADU may be allowed, but will be limited to 100 square feet if less than one parking space is provided for the primary residence, and will be limited to 500 square feet if less than two parking spaces are provided for the primary residence.
The following table summarizes the proposed ordinance:
|
Topic |
Draft Accessory Dwelling Unit Ordinance (Includes JADUs) |
|
Allowed Zones |
• R-1, R-1a, R-2, R-2b, R3, RP, RPD, SPA-2, SPA-3, SPA-4, SPA-5, SPA-9, SPA-10 |
|
Parking |
ADU/JADU: No parking required. |
|
Design Standards |
ADUs shall: • Be located on a minimum 4,000 square foot residential lot containing no more than one existing or proposed primary residence. • Be located on a lot containing no more than one ADU or one JADU. • Be located on the same lot as the existing or proposed primary residence. • Be either attached to or detached from the existing or proposed primary residence. • Have a maximum size (habitable floor area) of 640 square feet. • Provide complete independent living facilities with provisions for living, sleeping, eating, cooking and sanitation. • If an existing structure is converted to an ADU, no greater setback is required, except that side & rear yard setbacks shall be provided for fire safety. New ADU structures shall conform to setback requirements of the zoning district, including building placement requirements. • Not have exterior access facing front yard, and access shall be located on the side/rear of primary residence. • Have exterior access independent from the existing primary residence or accessory structure. • Have address visible from street and/or alley. • Have fire sprinklers installed where required by CA Building Code. • If an existing structure is converted to an ADU, a new or separate utility connection between the ADU and the utility shall not be required. A new ADU structure shall require a new or separate utility connection between the ADU and the utility. • Comply with HBMC Title 15 (Buildings and Construction). |
|
|
JADUs shall: • Be located on a minimum 4,000 square foot residential lot containing no more than one existing or proposed primary residence. • Be located on a lot containing no more than one ADU or one JADU. • Be located on the same lot as the existing or proposed primary residence. • Be either attached to or detached from the existing or proposed primary residence. • Be a maximum 500 square feet. • Be constructed within the existing walls of a primary residence and use an existing bedroom in the dwelling. • Shall include an efficiency kitchen containing all of the following: sink with maximum waste line diameter of 1.5 inches; cooking facility with appliances that don’t require electrical service greater than 120 volts, or natural or propane gas; and food preparation counter(s) and storage cabinet(s). • Include a separate entrance from the main entrance to the structure, with an interior entry to the main living area • Not have exterior access facing front yard, and access shall be located on the side/rear of primary residence. • Have address visible from street and/or alley. • Have fire sprinklers installed where required by CA Building Code. • Not be required to have a new or separate utility connection between the JADU and the utility for a JADU within an existing structure. • Comply with HBMC Title 15 (Buildings and Construction). |
|
Sale/Rental Restriction and General Application Restrictions |
Recorded Agreement is required stating: • The restrictions on size and attributes as set forth in HBMC. • The ADU/JADU shall not be sold separately from primary residence. • ADU/JADU shall be rented for not less than 30 days. • The owner shall occupy either primary residence or the ADU/JADU Application restrictions: • Only owner-occupant may apply for administrative permit for ADU/JADU • ADU/JADU must comply with and receive an administrative permit under this ordinance to be considered legal; this ordinance shall not validate any illegal structure or existing illegal ADUs. |
General Plan Consistency:
PLAN Hermosa (the City’s combined General Plan and Local Coastal Program) was recently adopted in August 2017. In developing policies for the PLAN, community feedback was strong regarding the need to maintain control of density due to the small sizes of residential lots and high population density. Land Use policies that reflect this need include:
• LU 2.2 Variety of types of neighborhoods. Encourage preservation of existing single density neighborhoods within the city and ensure that neighborhood types are dispersed throughout the city.
• LU 2.4 Single density neighborhoods. Preserve and maintain the Hermosa Hills, Eastside, Valley, North End, and Hermosa View Neighborhoods as predominantly single-family residential neighborhoods.
The General Plan also contains policies which encourage balanced neighborhoods and a diversity of building types, including:
• LU 2.6 Diversity of building types and styles. Encourage a diversity of building types and styles in areas designed for multi-family housing ranging from duplex/triplex/fourplex to courtyard housing to multi-family housing projects.
• LU 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within the allowed densities.
The City’s General Plan Housing Element, updated in 2012, is effective from 2013-2021 and identifies strategies and programs that focus on: 1) providing diverse housing sites and opportunities; 2) conserving and improving the existing affordable housing stock; 3) removing governmental and other constraints to housing development; and 4) promoting equal housing opportunities. The Housing Element contains a specific policy to encourage removal of governmental and other constraints:
• 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.
Given the mandates of the new State law and the community’s desire to maintain control of density due to small lot sizes and high population density, the proposed ordinance strives to create a balanced approach to meet the State requirements and remove governmental restraints related to development standards, while recognizing the unique attributes of the community. This approach includes design standards that address both state requirements and community needs by implementing regulations such as minimum lot sizes, maximum ADU/JADU size, and maximum number of ADU/JADU per lot. As such, the proposed ordinance is consistent with the General Plan.
Environmental Analysis:
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 the State Accessory Dwelling Unit law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State accessory dwelling unit law.
Summary:
Until and unless the City adopts its own ADU ordinance that complies with State standards, any applications for an ADU must be reviewed/approved by the City pursuant to the new allowances under recently adopted State laws. Given the mandates of the new State law and the community’s desire to maintain control of density due to small lot sizes and high population density, the proposed ordinance strives to create a balanced approach to meet the State requirements and remove governmental restraints related to development standards, while recognizing the unique attributes of the community through design standards that are intended to minimize negative impacts.
Attachments:
1. Proposed ADU Resolution and Draft Ordinance
2. Link to HBMC Section 17.52 Nonconforming Buildings and Uses
3. Lind to HCD Technical Assistance Memo regarding Accessory Dwelling Units
4. Link to Government Code Section 65852.2 - Accessory Dwelling Units
5. Link to Government Code Section 65852.22 - Junior Accessory Dwelling Units
Respectfully Submitted by: Kim Chafin, Planning Manager
Approved: Ken Robertson, Community Development Director