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Home My WebLink AboutPC Resolution 18-18 - (ADU)C; � �4�] Il1Y �I T1)►��I�fF�E,a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BEACH APPROVERECOMMENDING THAT THE CITY COUNCIL AMENDMENT HERMOSA BEACH MUNICIPAL REPLACE THE TERM "SECOND UNIT" WITH "ACCESSORY ADDING CHAPTERx,BEACH RESIDENTIALMUNICIPAL CODE TO PROVIDE FOR ACCESSORY DWELLING UNITS IN AND AMENDING THE HERMOSA BEACH CODE TO CONFOR117WITHI, A1 StateSection 1. Due to recent a amendment to replace A. . d add Chapter 17.21 to the Hermosa Beach Municipal Code to provide for accessory dwelling units in residential zones, in conformance with state law. Siectiom�ii 2. The Zoning Ordinance objectivesgoals, policies, and because exceed the allowable density for the lot upon which they are located. Furthermore, accessory dwelling units are a residential use that is consistent with the General Plan under Government Code Section 65852.2. Section 3. On May 15, 2018 and June 25, 2018, the Planning Commission conducted a duly noticed public hearing and accepted and considered all of the public testimony on the issue. A. In light of California's housing crisis, Assembly Bills ("AB") 2299 and 406, and Senate Bill ,,collectivelyand significantly impact draftedlocal authority to regulate accessory dwelling units and were applya clear standard Specifically,process, regardless of whether a local government has an adopted ordinance or not. the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling unitsand ,'. matters includingunit size,parking, E arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance." Bi Signed by the Governor on September 27, 2016, AB 2299 and SB 1069 went into effect on January 1, 2017. Pursuant to Government Code section 65852.2(a)(1), a local ordinance providing for the creation of accessory dwelling units in single-family fa. zones must comply with th* provisions of Government Code section 65852.2, otherwise the ordinance is null and void. The statute was also updated in 2017, effective January 1, 2018, with a few clarifying measures. Section 5. 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. K Section 6. Based on the foregoing, the Planning Commission of the City of Hermosa Beach hereby recommends that the City Council approve Zoning Text Amendment 18 - 1, attached hereto as Attachment A. VOTE: AYES: Commissioners Flaherty, Hoffman, Pedersen, Sae man.n, and Chairperson Rice NOES: None ABSTAIN: None ABSENT: None CERTIFICATION I hereby certify the foregoing Resolution P.C. 18-18 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of June 25, 20M ch or 4�`1�� son, eret cary 4" 1, � 6 M ATTACHMENr A 'Section.j. Subsection (L) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R- I Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows. L. Accessory Dwelling its 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- I 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 I 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. Seed on, 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. "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 be made safely habitable under Chapter 15 of the City's Municipal Code at the determination of the City's Building Official. mail' M11 "Primary residence" means a structure that contains the primary one -family well unit on the lot® Sectiot'i 5. Chapter 17.21 is hereby added to Title 17 of the Hermosa Beach Municipal Code to read as follows: Section 17.21.010 Purpose and Applicability 1ZrTnV M#' M 0 7=11 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 Gover=ent 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. F21=11 n4112111111 1111WMM11 - I A. Junior accessory dwelling units shall comply with the follbwing 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 01 19 view, one side of which may be opened as a gate. Su storage facilities shall have a concrete, asphalt or simil base and shall be adequately ventilated; or (d) Within an accessory building such as a garage or stora shed, or within a primary structure in a service porch-ty area. 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 ®f the primary residence located on the residential lot shared by the accessory dwelling unit may apply for an administrative per 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. 1. This section shall not invalidate the requirements of the Section 17.52, Nonconforming Buildings and Uses, as they apply to the primary residence. A. Genertilly. 0 R 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. [!t!rklilml 0 c. The applicant shall demonstrate that the unit meets the criteria in (2)(b). C. Setbock. 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. lifIllil;M1111101 I I I I �� I nVITT, I I I Unit Permit Application, Approval Process and Timelines. AAn 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; (3) The accessory dwelling unit complies with Section 17.21.030. 1 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. Sectioti 6. A iiew Stibsectiori F. is added to Section 17,44,020 of(I'i iter 17.44. ol I Tifle 17 to read as follows: LTsc F JLipior arld Access'pr Y arkilig.s'p,ace sliall be mquircclf pr g j g 1) J olt accessory _rIy�g[lipunit. ADU: One Mqpg_pqr bedroom rr qLie( [ giiiess !U11i1 con Witli Sectio.4-7'. 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: 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 W 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 its 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. I'm