Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of July 11, 2023
Title
ADOPTION OF AN ORDINANCE AMENDING CHAPTER 17.21 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
(Community Development Director Carrie Tai)
Body
Recommended Action:
Recommendation
Staff recommends City Council:
1. Waive the full second reading and adopt by title only an Ordinance of the City of Hermosa Beach, California, amending Chapter 17.21 of the Hermosa Beach Municipal Code regarding accessory dwelling units and junior accessory dwelling units and determine the project is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the California Public Resources Code (Attachment 1); and
2. Direct the City clerk to print and publish a summary ordinance in a newspaper of general circulation within 15 days following adoption and post it on the City’s bulletin for 30 days.
Body
Executive Summary:
At its June 13, 2023 meeting, City Council introduced and waived full reading of an Ordinance amending Chapter 17.21 of the Hermosa Beach Municipal Code pertaining to types of Accessory Dwelling Units (ADU) and Junior ADUs (JADUs), height regulations, and references to accessory structures requiring further clarification. The City Council also lifted the existing prohibition on roof decks on ADUs/JADUs.
Background:
In 2022, the California Legislature approved, and the Governor signed into law, Senate Bill 897 that further amends Government Code sections 65852.2 and 65852.22. At its December 13, 2022 meeting, City Council adopted Urgency Ordinance No. 22-1456U (“ADU Ordinance”) to comply with the regulations set forth in SB 897.
Since that time, staff identified language pertaining to building heights in the ADU Ordinance that requires clarification to be consistent with other portions of the Zoning Ordinance. On April 6, 2023, staff consulted with the California Department of Housing and Community Development, and they advised that some clarification was needed on whether garages were included as accessory structures eligible for conversion to ADUs. Also, in responding to development requests from property owners, staff identified areas of flexibility needed to accommodate and facilitate the construction of ADUs or JADUs in certain circumstances.
At its May 16, 2023 meeting, the Planning Commission conducted a public hearing on the proposed ordinance. The Commission voted to recommend City Council approval of a zone text amendment for section 17.21.040(B)(4) and (B)(5) regarding height regulations, section 17.21.030(A) regarding ADUs and JADUs, and clarifying language regarding accessory structures. The Commission also voted to recommend City Council denial of staff recommendation to lift the current prohibition of roof top decks for ADUs in 17.21.040(F).
At its June 13, 2023 meeting, City Council conducted a public hearing to review the Planning Commission’s recommendation on the proposed ordinance. City Council approved the Planning Commission zone text amendment recommendation for section 17.21.040(B)(4) and (B)(5) regarding height regulations, section 17.21.030(A) regarding ADUs and JADUs, and clarifying language regarding accessory structures. The Council also voted against Planning Commission recommendation and removed an existing prohibition of roof decks.
Past Board, Commission and Council Actions
|
Meeting Date |
Description |
|
May 15, 2018 |
Planning Commission first reading of the ADU Ordinance |
|
June 25, 2018 |
Planning Commission recommends City Council approve Zone Text Amendment 18-1, thereby establishing local standards for State mandated ADUs. |
|
July 24, 2018 |
City Council first reading of the ADU Ordinance |
|
August 28, 2018 |
City Council adopts Ordinance No. 18-1385 |
|
December 9, 2019 |
Planning Commission recommends City Council approve Zone Text Amendment 19-2, thereby amending the Municipal Code regarding ADUs. |
|
January 14, 2020 |
City Council adopts Urgency Ordinance No. 20-1403U |
|
January 28, 2020 |
City Council adopts Ordinance No. 20-1204 |
|
Meeting Date |
Description |
|
November 15, 2022 |
Planning Commission recommends City Council approve Zone Text Amendment 22-02, thereby amending the Municipal Code regarding ADUs and JADUs. |
|
November 29, 2022 |
City Council continues the item to the December 13, 2022 meeting. |
|
December 13, 2022 |
City Council adopts Ordinance No. 22-1456U |
|
May 16, 2023 |
Planning Commission recommends City Council approve Zone Text Amendment 23-01, thereby amending the Municipal Code regarding ADUs. |
|
June 13, 2023 |
City Council approves Zone Text Amendment 23-01, moving Planning Commission recommendation and lifting prohibition of roof decks on ADUs. |
Analysis:
Text Amendment
Proposed amendments are shown below as indicated with redlined text.
Ø 17.21.030(A)(1): Approval of Building-permit Only ADUs and JADUs
Existing regulations currently allow 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 shared bathing facilities, whereas an ADU requires its own bathing facility. Homeowners approached the City to seek permission to construct JADUs 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.
Staff consulted with HCD, who advised that some clarification was needed on whether garages were included as accessory structures eligible for conversion to ADUs. As a remedy, staff recommends adding clarification of garage being an accessory structure.
The Planning Commission resolution supported the proposed text amendment to modify the appropriate section of the Hermosa Beach Municipal Code relating to added options of ADU/JADU configurations and the inclusion of garage as an accessory structure. The City Council adopted the Planning Commission recommendation.
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 (including ADUs) 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. Staff recommends amending the language to allow ADUs and JADUs converted, or newly built, to reflect the underlying zoning district in which they are located. Updating the language to reflect the underlying zone allows greater flexibility and does not hinder a property owner from building to the full height allowed within the underlying zone.
The Planning Commission resolution supported this proposed text amendment and the City Council adopted the Planning Commission recommendation.
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).
The Planning Commission resolution supported this proposed text amendment, and the City Council adopted the Planning Commission recommendation.
Ø 17.21.040(F): Roof Decks on ADUs and JADU
The prohibition of roof decks on ADUs and JADUs has been carried over 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.
The Planning Commission did not support staff recommendation for this proposed text amendment. However, the City Council voted in favor of striking 17.21.040(F) and thereby lifting the prohibition of roof decks on ADUs/JADUS. The proposed ordinance (Attachment 1) reflects the City Council’s vote to striking this section.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Land Use Element
Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles.
Policies:
§ 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within the allowed densities.
§ 2.5 Neighborhood preservation. Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive, nonconforming buildings and uses.
§ 2.6 Diversity of building types and styles. Encourage a diversity of building types and styles in areas designated for multi-family housing ranging from duplex/triplex/fourplex to courtyard housing to multi-family housing projects.
Fiscal Impact:
There is no fiscal impact related to the recommended action.
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 July 11, 2023 City Council hearing, a legal ad was published on June 22, 2023 in the Easy Reader, a newspaper of general circulation. A Notice and Summary of Ordinance No. 23-1462 was posted on the City of Hermosa Beach website on June 27, 2023 under City News & Press Releases. Public Meeting posters were posted at City Hall, at the Hermosa Beach library, and at the Community Resources building prior to the City Council meeting on June 13, 2023. On May 4, 2023, a legal ad was published in the Easy Reader for the May 16, 2023 Planning Commission hearing. Public notification materials are included as Attachment 5. As of the writing of the report, staff has received no public comments.
Attachments:
1. Proposed Ordinance
2. Planning Commission Resolution with Draft Ordinance No. 23-05
3. Redlined Draft Ordinance
4. Ordinance No. 22-1456U
5. Public Notification Package
6. Link to the May 15, 2018 Planning Commission Staff Report
7. Link to the June 25, 2018 Planning Commission Staff Report
8. Link to the July 24, 2018 City Council Staff Report
9. Link to the August 28, 2018 Planning Commission Staff Report
10. Link to the December 9, 2019 Planning Commission Staff Report
11. Link to the January 14, 2020 City Council Staff Report
12. Link to the January 28, 2020 City Council Staff Report
13. Link to the November 15, 2022 Planning Commission Staff Report
14. Link to the November 29, 2022 City Council Staff Report
15. Link to the December 13, 2022 City Council Staff Report
16. Link to the May 16, 2023 Planning Commission Staff Report
17. Link to the June 23, 2023 City Council Staff Report
Respectfully Submitted by: Maricela Guillean, Associate Planner
Concur: Carrie Tai, AICP, Community Development Director
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager