HomeMy WebLinkAboutORD NO. 18-1385 (ACCESORY DWELLING UNIT)t
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ORDINANCE NO. 18-1385
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REPLACING THE TERM "SECOND UNIT" WITH `ACCESSORY
DWELLING UNIT"; ADDING CHAPTER 17.21 TO THE HERMOSA BEACH
MUNICIPAL CODE TO PROVIDE FOR ACCESSORY DWELLING UNITS
IN RESIDENTIAL ZONES; AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Subsection (L) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1
Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is
amended to read as follows.
L. Accessory Dwelling units and Junior Accessory dwelling units, in accordance with
Chapter 17.21.
SECTION 2. Subsection (B) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-
1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is
hereby deleted in its entirety and the subsequent subsections are renumbered accordingly.
SECTION 3. Subsection 1 of Section 17.08.020.M. (Permitted Uses) of Chapter 17.08
(R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code
is hereby deleted in its entirety.
SECTION 4. The alphabetical list of definitions in Section 17.04.040 (General
definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to include the
following definitions, in alphabetical order:
"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a
public or private car -sharing company or organization and provides hourly or daily service.
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"Director of Community Development" means the City's Director of Community
Development, or his or her designee.
"Dwelling Unit, Accessory" or "Accessory Dwelling Unit" means an attached or detached
residential dwelling unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation
on the same lot as the primary residence. An accessory dwelling unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; or
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Dwelling Unit, Junior Accessory" or "Junior accessory dwelling unit" means a unit that is
no more than 500 square feet in size and contained entirely within an existing primary residence.
A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation
facilities with the existing structure. For the purposes of providing service for water, sewer, or
power, or for fire or life protection, a junior accessory dwelling unit shall not be considered a
separate or new dwelling unit.
"Existing space" means a legally permitted space that can be converted to an accessory
dwelling unit within the four walls and roofline of any existing structure that can be made safely
habitable under Chapter 15 of the City's Municipal Code at the determination of the City's
Building Official.
"Living area" means the legally permitted interior area of a dwelling unit, with the
exception of a garage or any accessory structure. "Living area" shall also mean basements and
attics which meet the habitability requirements of Chapter 15 of this Code.
"Primary residence" means a structure that contains the primary one -family dwelling unit
on the lot.
SECTION 5. Chapter 17.21 is hereby added to Title 17 of the Hermosa Beach Municipal
Code to read as follows:
Chapter 17.21 ACCESSORY DWELLING UNITS
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Section 17.21.010 Purpose and Applicability
Section 17.21.020 Junior Accessory Dwelling Units
Section 17.21.030 Accessory Dwelling Units
Section 17.21.040 Junior Accessory Dwelling Unit and Accessory Dwelling
Unit Permit Application, Approval Process and Timelines
Section 17.21.010 Purpose and Applicability.
The purpose of this Chapter is to implement the requirements of Government Code section
65852.2 and 65852.22, to allow accessory dwelling units and junior accessory dwelling units in a
manner that accounts for the City's unique land use characteristics (including high density and
small lot size) and which will minimize impacts on traffic, density, the school system,
infrastructure, sewer, increased impervious surfaces and increased solid waste generation, given
Hermosa's almost entirely built out and incredibly dense characteristics. In accordance with state
law, accessory dwelling units and junior accessory dwelling units are an accessory use to the
primary use of a lot as a one -family dwelling unit and do not exceed the allowable density for the
lot.
Section 17.21.020 Junior Accessory Dwelling Units.
A. Junior accessory dwelling units shall comply with the following standards:
(1) The junior accessory dwelling unit is located on a lot zoned for residential use,
with the exception of the Mobile Home Park zone, and shall contain no more than one (1) existing
or proposed primary residence;
(2) The minimum net lot area shall be four thousand (4,000) square feet;
(3) The lot may contain no more than one (1) accessory dwelling unit or one (1)
junior accessory dwelling unit;
(4) The junior accessory dwelling unit shall be a maximum of 500 square feet in
size and shall be constructed within the existing walls of the primary residence and shall utilize an
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existing bedroom in the dwelling. For the purposes of this subsection, "existing" means a
dwelling or bedroom that lawfully exists on the lot, or was the subject of a building permit;
(5) The junior accessory dwelling unit shall include an efficiency kitchen, which
shall include all of the following:
(a) A sink with a maximum waste line diameter of 1.5 inches;
(b) A cooking facility with appliances that do not require electrical service
greater than 120 volts, or natural or propane gas; and
(c) Food preparation counter(s) and storage cabinet(s).
(6) The primary residence or the junior accessory dwelling unit shall be owner -
occupied;
(7) The junior accessory dwelling unit shall include a separate entrance from the
main entrance to the structure, with an interior entry to the main living area;
(8) The address for the junior accessory dwelling unit shall be assigned by the City
and shall be visible from the street and/or alley;
(9) Both the primary residence and the junior accessory dwelling unit shall
permanently remain under one ownership and shall not be sold separately;
(10) Fire sprinklers shall be installed where required by applicable law; and
(11) The accessory dwelling unit shall comply with Title 15 (Buildings and
Construction) of the Hermosa Beach Municipal Code.
(12) Storage facilities shall include an area sufficient for two, thirty-five (35)
gallon capacity refuse containers. Such storage containers shall be provided in any one of the
following ways:
(a) Attached to the outside of the structure on privately owned property,
enclosed on all sides by suitable screening of not less than four feet in height or similar type of
structure so that the same shall not be open to public view, one side of which may be opened as a
gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately
ventilated; or
(b) Constructed within the building structure; or
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(c) A separate structure enclosed on all aides by suitable screening of not
less than four feet in height or similar type of structure so that the same shall not be open to public
view, one side of which may be opened as a gate. Such storage facilities shall have a concrete,
asphalt or similar base and shall be adequately ventilated; or
(d) Within an accessory building such as a garage or storage shed, or within
a primary structure in a service porch -type area.
C. No parking space shall be required for junior accessory dwelling units.
D. In the event the junior accessory dwelling unit is rented, it shall not be rented for a
period of less than 30 days, in accordance with Section 17.08.025 of the Code.
E. Only the owner -occupant of the primary residence located on the residential lot shared
by the accessory dwelling unit may apply for an administrative permit under this Chapter.
F. A covenant in a form approved by the City Attorney shall be recorded with the County
Recorder's Office detailing the restriction on the size and attributes of the junior accessory
dwelling unit as set forth in this Section. The covenant shall include prohibitions on renting the
junior accessory dwelling unit for a period of less than 30 days (in accordance with Section
17.08.025 of the Code), and on the sale of the junior accessory dwelling unit separate from the sale
of the primary residence, including a statement that the deed restriction may be enforced against
future purchasers. Proof of recordation of the covenant shall be provided to the City at a time
deemed appropriate by the Director of Community Development.
G. For the purposes of this section, a new or separate utility connection directly between
the junior accessory dwelling unit and the utility shall not be required for an accessory structure
within an existing structure.
H. This section shall not validate any illegal structures or existing illegal accessory
dwelling units. Accessory dwelling units must comply with and receive a permit under this
Chapter to be considered legal.
I. This section shall not invalidate the requirements of the Section 17.52, Nonconforming
Buildings and Uses, as they apply to the primary residence.
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Section 17.21.030 Accessory Dwelling Units.
Accessory dwelling units shall comply with the following standards:
A. Generally.
(1) The accessory dwelling unit is located on a lot zoned for residential use, with
the exception of the Mobile Home Park zone, and shall contain no more than one (1) existing or
proposed primary residence;
(2) The accessory dwelling unit in a new structure shall be subject to the
development standards of the zoning district in which it is located, except as otherwise indicated
in this section.
(2) The minimum net lot area shall be four thousand (4,000) square feet;
(3) The lot may contain no more than one (1) accessory dwelling unit or one (1)
junior accessory dwelling unit;
(4) The accessory dwelling unit shall be either (i) within or attached to the existing
or proposed primary residence; or (ii) detached from the existing primary residence and located on
the same lot as the proposed or existing primary residence;
(5) The owner shall occupy either the existing primary residence or the accessory
dwelling unit;
(6) Exterior access to the accessory dwelling unit shall not face the front yard and
shall be located on the side or rear of the primary residence on the lot;
(7) Exterior access to the accessory dwelling unit shall be independent from the
existing primary residence or accessory structure;
(8) The address for the accessory dwelling unit shall be assigned by the City and
shall be visible from the street and/or alley;
(9) Both the primary residence and the accessory dwelling unit shall permanently
remain under one ownership and shall not be sold separately;
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(10) In the event the accessory dwelling unit is rented, it shall not be rented for a
period of less than 30 days, in accordance with Section 17.08.025 of the Code;
(11) Fire sprinklers shall be installed where required by applicable law;
(12) The accessory dwelling unit shall comply with Title 15 (Buildings and
Construction) of the Hermosa Beach Municipal Code; and
(13) Storage facilities shall include an area sufficient for two, thirty-five (35)
gallon capacity refuse containers. Such storage containers shall be provided in any one of the
following ways:
(a) Attached to the outside of the structure on privately owned property,
enclosed on all sides by suitable screening of not less than four feet in height or similar type of
structure so that the same shall not be open to public view, one side of which may be opened as a
gate. Such storage facilities shall have a concrete, asphalt or similar base and shall be adequately
ventilated; or
(b) Constructed within the building structure; or
(c) A separate structure enclosed on all aides by suitable screening of
not less than four feet in height or similar type of structure so that the same shall not be open to
public view, one side of which may be opened as a gate. Such storage facilities shall have a
concrete, asphalt or similar base and shall be adequately ventilated; or
(d) Within an accessory building such as a garage or storage shade, or
within a primary structure in a service porch -type area.
(14) The accessory dwelling unit shall be architecturally compatible with the
primary residence.
B. Parking.
(1) When a garage, carport or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted into an accessory
dwelling unit, the parking spaces in the garage shall be replaced in any configuration on the same
lot as the primary residence in accordance with Chapter 17.44 (except as otherwise indicated
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herein), and may be in tandem, covered, uncovered or replaced through use of a mechanical
automobile lift. Use of a mechanical automobile lift must not create noise impacts and must be
properly maintained for the life of the accessory dwelling unit. A mechanical automobile lift must
be located within an enclosed structure, except as otherwise indicated herein. For purposes of this
chapter, tandem parking may include a configuration where two or more automobiles are parked
on a driveway or in any other location on a lot, lined up behind one another. For purposes of this
chapter, replacement parking may be located within the front 20 feet of the lot.
(2) a. Accessory dwelling units shall be required to provide one (1) parking space
on the lot, covered or uncovered, per bedroom, in addition to the parking required for the primary
unit, unless otherwise specified in this section. The parking space(s) may be provided through
tandem parking on a driveway and may be located within the front or side yard setback.
b. Notwithstanding the above subsections, the parking space for the
accessory dwelling unit shall not be required where the accessory dwelling unit meets any of the
following criteria:
(i) Is located within one-half mile of a major transit stop as defined in
the California Public Resources Code (subdivision (b) of Section 21155);
(ii) Is located within one block of a designated car share pick up and
drop off location;
(iii) Is located within an architecturally and historically significant
historic district;
(iv) Is proposed to be converted from the existing space entirely within
the primary dwelling unit or an existing accessory structure; or
(v) Is located in a permit parking area where on -street parking permits
are required, but not offered to the occupant(s) of the accessory dwelling unit.
c. The applicant shall demonstrate that the unit meets the criteria in (2)(b).
C. Setback.
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Existing structures that are converted to accessory dwelling units shall not be
required to conform to setback requirements, but side and rear yard setbacks shall be sufficient for
fire safety. New accessory dwelling unit structures shall conform to the setback requirements for
the zone, including the building placement requirements.
D. Size.
The maximum size (habitable floor area) for an accessory dwelling unit shall be no
more than 640 square feet.
E. Roof deck.
Roof decks shall not be permitted on an accessory dwelling unit.
F. A covenant in a form approved by the City Attorney shall be recorded with the
County Recorder's Office detailing the restriction on the size and attributes of the accessory
dwelling unit as set forth in this section. The covenant shall include prohibitions on renting the
accessory dwelling unit for a period of less than 30 days (in accordance with Section 17.08.025 of
the Code), and on the sale of the accessory dwelling unit separate from the sale of the primary
residence, including a statement that the deed restriction may be enforced against future
purchasers. Proof of recordation of the covenant shall be provided to the City at a time deemed
appropriate by the Director of Community Development.
G. For the purposes of this section, a new or separate utility connection directly
between the accessory dwelling unit and the utility shall not be required for an accessory structure
within an existing structure. Where the proposed accessory dwelling unit will be located within a
new structure, the applicant shall provide a new or separate utility connection directly between the
accessory dwelling unit and the utility.
H. This section shall not validate any illegal structures or existing illegal accessory
dwelling units. Accessory dwelling units must comply with and receive a permit under this
ordinance to be considered legal.
I. This section shall not invalidate the requirements of the Section 17.52,
Nonconforming Buildings and Uses, as they apply to the primary residence.
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Section 17.21.040 Junior Accessory Dwelling Unit and Accessory Dwelling Unit
Permit Application, Approval Process and Timelines.
A. An administrative permit shall be required for junior accessory dwelling units and
accessory dwelling units. As set forth in Section 17.55.040, the Director of Community
Development shall make a decision on the administrative permit within 120 days of receipt of a
complete application that has been deemed complete by the City for an administrative permit for a
junior accessory dwelling unit or an accessory dwelling unit. The application shall be accompanied
by a fee in the amount set by City Council resolution.
B. Mandatory approval of the administrative permit required by the Director of
Community Development when all of the following requirements are met:
(1) The owner -occupant has applied for approval of a proposed junior
accessory dwelling unit or accessory dwelling unit; and
(2) The junior accessory dwelling unit complies with Section 17.21.020; or
(3) The accessory dwelling unit complies with Section 17.21.030.
C. Upon approval of an administrative permit under this Chapter, the City Manager
may release an existing covenant recorded on the property where the existing covenant prohibits
accessory or junior accessory dwelling units that are otherwise permitted by this Chapter.
SECTION 6. A new Subsection F. is added to Section 17.44.020 of Chapter 17.44 of
Title 17 to read as follows:
Use
Junior Accessory Dwelling Unit and Accessoly
Parking Requirements
F.
JADU: No parking space shall be
Dwelling Unit
required for a junior accessory
dwelling unit.
ADU: One space per bedroom
required, unless unit complies
with 17.21.030(B)(2)b.
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SECTION 7. Section 17.55.040 (Report of decision and findings) of Chapter 17.55
(Administrative Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended
to read as follows:
17.55.040 Report of decision and findings.
Except as set forth below, the Community Development Director shall issue the
administrative permit no more than thirty (30) days following the filing of a complete application
therefor. Approval will be based upon determining the request complies with the standards,
limitations and other regulations in the governing section, which may include the imposition of
conditions and limitations to ensure the permit is consistent with said requirements and protects
the public health, safety and welfare; otherwise, the Director shall deny the application and
provide the applicant a written statement of the reasons the permit cannot be issued. The applicant
shall be advised in writing of the right to appeal the Director's decision pursuant to
Section 17.55.050.
Notwithstanding above, permits for accessory dwelling units and/or junior accessory
dwelling units shall be decided within 120 days of receipt of a complete application and subject to
the provisions outlined in Chapter 17.21.
SECTION 8. Effective Date. This Ordinance shall become effective and be in full force
and effect from and after thirty (30) days of its final passage and adoption.
SECTION 9. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of the ordinance. The City Clerk caused said summary to be published on August 23, 2018
[five (5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated'
newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the
expiration of fifteen (15) days after the date of adoption of this ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
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SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said City; shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th day of August, 2018 by the following vote:
AYES:
Armato, Campbell, Fangary, Mayor Duclos
NOES:
Massey
ABSENT:
None
ABSTAIN:
None
PRESIDENT of the Ci
ATTEST:
City Clerk
�il and MAYOR of the City of Hermosa Beach, California
APPROVED A TO FORM:
1
WyyAey
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18-1385
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 18-1385 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
meeting held at the regular meeting place thereof on the 28th day of August, 2018, and a
summary of the Ordinance will be published in the Easy Reader newspaper on September
6, 2018.
The vote was as follows:
AYES: Armato, Campbell, Fangary, Mayor Duclos
NOES: Massey
ABSENT: None
ABSTAIN: None
DATED: August 28, 2018
R
Elaine Doerfling, City C