HomeMy WebLinkAboutOrdinance No. 23-1462 - ADU Page 1 of 12 ORD NO. 23-1462
CITY OF HERMOSA BEACH
ORDINANCE NO. 23-1462
AN ORDINANCE OF THE CITY COUNCIL 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.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Whereas the City Council adopted Ordinance No. 22-1556U updating the City’s regulations on Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) on December 15, 2022, and staff has identified the need to amend the Ordinance for the following reasons: 1) Corrections to language relating to building height; 2) Clarify language based on consultation with California Department of Housing and Community Development (HCD) and 3) Provide flexibility and more options for the production of ADUs and JADUs .
SECTION 2. The City Council held a duly noticed public hearing on June 13, 2023 to consider a text amendment to Hermosa Beach Municipal Code Chapter 17.21 as described in the proposed ordinance listed under Section 5.
SECTION 3. 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 also 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.
SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources.
SECTION 5. The City Council finds that there is a need to amend the Municipal Code with the following modifications in order to provide necessary clarification and flexibility in administering the Hermosa Beach Municipal Code Chapter 17.21.
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17.21.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.
17.21.020 Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the city's general plan and zoning
designation for the lot on which the ADU or JADU is located. B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. C. Considered in the application of any local ordinance, policy, or program to limit residential growth. D. Required to correct a nonconforming zoning condition. This does not
prevent the city from enforcing compliance with applicable building
standards in accordance with Health and Safety Code section 17980.12.
17.21.025 Definitions
As used in this Chapter, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attached or a detached
residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the California Health and Safety Code. B. "Accessory structure" means a structure that is accessory and incidental to
a dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size.
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2. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained
within the single-family structure. 3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. 4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. 5. It includes an efficiency kitchen, as defined above.
F. "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory
structure. G. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU. I. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. J. "Public transit" means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes, and are available to the public. K. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
17.21.030 Approval of ADUs and JADUs
The following approvals apply to ADUs and JADUs under this Chapter:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in section 17.21.040 below, it is allowed with only a building
permit in the following scenarios: 1. Converted on Single-family Lot: One ADU as described in this subsection (A) (1) and one JADU (or a second ADU in lieu of the
JADU) on a lot with a proposed or existing single-family dwelling on
it, where the ADU or JADU (or a second ADU in lieu of the JADU): a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing
space of an accessory structure (including garage), plus up
to 150 additional square feet if the expansion is limited to
accommodating ingress and egress; and
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b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes. d. The JADU complies with the requirements of Government Code Section 65852.22. 2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above), if the detached ADU satisfies each of the following limitations: a. The side- and rear-yard setbacks are at least four feet.
b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the
applicable height limit in 17.21.040 (B) below. 3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations: a. The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the city will not require any modification
to the multifamily dwelling as a condition of approving the ADU. b. The peak height above grade does not exceed the
applicable height limit provided in 17.21.040 (B) below.
B. ADU Permit. 1. Except as allowed under section 17.21.030 (A), no ADU may be created without a building permit and an ADU permit in compliance
with the standards set forth in sections 17.21.040 and 17.21.050.
2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the community development director and
approved by the city council by resolution.
C. Process and Timing
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1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day
time period is tolled for the period of the requested delay, or b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on
the permit application for the ADU or JADU until the city acts
on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period
established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and issued
at the same time.
17.21.040 General ADU and JADU Requirements and Development Standards
The following requirements apply to all ADUs and JADUs that are approved under
section 17.21.030(A) & (B)above.
A. Zoning
1. An ADU or JADU subject to a building permit under section
17.21.030(A) may be created on a lot in a residential or mixed-use
zone.
2. An ADU or JADU subject to an ADU permit under section 17.21.030(B)
may be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
B. Height
1. Except as otherwise provided by subsections (B) (2) and (B) (3) below,
a detached ADU created on a lot with an existing or proposed single
family or multifamily dwelling unit may not exceed 16 feet in height.
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2. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half walking distance of a major transit
stop or a high quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code, and the ADU may be
up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
3. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. 4. An ADU that is attached to the primary dwelling may not exceed the height limitation imposed by the underlying zone that applies to the primary dwelling, unless it is a conversion of existing space within an existing nonconforming structure that exceeds the height of the underlying zone. 5. For purposes of this subsection, height is measured Pursuant to Measuring Building Height, Chapter 17.46. C. Fire Sprinklers 1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence. 2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was
created. E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the
dwellings (in the case of a multifamily lot). F. Owner Occupancy 1. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. 2. Unless applicable law requires otherwise, all ADUs that are permitted
on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. 3. As required by state law, all JADUs are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection does
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not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. G. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the community development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that: 1. Except otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. 2. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. 3. The deed restriction runs with the land and may be enforced against future property owners. 4. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. 5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. H. Building & Safety 1. Must comply with building code. Subject to subsection (l)(2), all ADUs and JADUs must comply with all local building code requirements. 2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use
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and was subsequently converted for residential use in accordance with this section.
17.21.050 Specific Requirements for ADU Permit
In addition to the requirements in Section 17.21.040, the following requirement apply to ADUs that require an ADU permit under section 17.21.030(B).
A. Maximum Size 1. The maximum size of a detached or attached ADU subject to this section is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. 2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. 3. Application of other development standards in this section or any other section, might further limit the size of the ADU, but no application of the percent-based size limit in this section or other section may require the ADU to be less than 800 square feet. B. Setbacks 1. An ADU that is subject to this section must conform to a 25-foot front-yard setback, subject to subsection (A) above. 2. An ADU that is subject to this section must conform to 4-foot side-and rear-yard setbacks. 3. No setback is required for an ADU that is subject to this section if the ADU is constructed in the same location and to the same dimensions as an existing structure. C. Lot Coverage. No ADU subject to this section may cause the total lot coverage to exceed whatever applicable standard exists based on the zone in which it is was located subject to subsection (A) above. D. Open Space. Unless restricted pursuant to other state or local law, the property in which the ADU is located upon shall comply with the open space requirements of the base zone subject to subsection (A) above. E. Passageway. No passageway is required for an ADU. F. Parking. 1. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking. 2. Exceptions. No parking under this subsection (F) is required in the following situations: a. The ADU is located within one-half mile walking distance of public transit. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an accessory structure under section 17.21.030(A)(1).
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d. When on-street parking permits are required but not offered to the occupant of the ADU. e. When there is an established car share vehicle stop located within one block of the ADU. f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in this subsection (2).
3. No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking spaces are not
required to be replaced.
G. Architectural Requirements
1. The materials and colors of the exterior walls, roof, and windows and
doors must match the appearance and architectural design of those
of the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that
of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior wall height of seven
feet.
6. Windows and doors of the ADU may not have a direct line of sight to
an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a direct line of
sight.
7. All windows and doors in an ADU are less than 30 feet from a property
line that is not a public right-of-way line must either be (for windows)
clerestory with the bottom of the glass at least six feet above the
finished floor, or (for windows and for doors) utilize frosted or obscure
glass.
H. Historical Protections. An ADU that is on or within 600 feet of real property that
is listed in the California Register of Historic Resources must be located so as
to not be visible from any public right-of-way.
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17.21.060 Fees
The following requirements apply to all ADUs that are approved under section 17.21.030(A) & (B).
A. Impact Fees
1. No impact fee is required for an ADU that is less than 750 square feet in
size. For purposes of this subsection, "impact fee" means a "fee" under
the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the
Quimby Act (Gov. Code § 66477). "Impact fee" here does not include
any connection fee or capacity charge for water or sewer service.
2. Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of
the ADU, divided by the floor area of the primary dwelling, times the
typical fee amount charged for a new dwelling.
B. Utility Fees
1. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a
new dwelling are required.
2. Except as described in subsection (B)(1), converted ADUs on a single-
family lot that are created under section 17.21.030(A), are not required
to have a new or separate utility connection directly between the ADU
and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection (B)(1), all ADUs that are not covered
by subsection (B) (2) require a new, separate utility connection directly
between the ADU and the utility.
a. The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU based on
either the floor area or the number of drainage-fixture units (DFU)
values, as defined by the Uniform Plumbing Code, upon the water
or sewer system.
b. The portion of the fee or charge that is charged by the city may not
exceed the reasonable cost of providing this service.
17.21.070 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
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structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018
1. Permit to Legalize. As required by state law, the city may not deny a
permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of the
following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government
Code section 65852.2) or this Chapter.
2. Exceptions:
a. Notwithstanding subsection (B)(1) above, the city may deny a
permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if the city makes a finding that
correcting a violation is necessary to protect the health and safety
of the public or of occupants of the structure.
b. Subsection (B)(1) above does not apply to a building that is
deemed to be substandard in accordance with California Health
and Safety Code section 17920.
17.21.080 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in this Chapter may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.
SECTION 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.
SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution
are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.
SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of
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this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. The City Council approves of the proposed ordinance attached hereto listed under Section 5.
PASSED, APPROVED and ADOPTED on this 11th day, July 2023.
AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY
NOES: NONE ABSTAIN: NONE
ABSENT: NONE
______________________________________________________________________________
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
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