HomeMy WebLinkAboutORD-26-1498 (ADU) Page 1 of 18 ORD-26-1498
CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-26-1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.21 OF
THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
(CITYWIDE), AND FINDING THE ACTION STATUATORILY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hermosa Beach (“City”) is authorized to adopt and
amend zoning regulations by ordinance pursuant to the California Constitution
(Section 7 to Article XI) and California Government Code section 65850; and
WHEREAS, the City is required to provide for ministerial approval of an
accessory dwelling unit (“ADU”) and junior accessory dwelling unit (“JADU”)
pursuant to California Government Code sections 66310 through 66342, and the
City is prohibited from enforcement of local ordinances that conflict with state
ADU law pursuant to California Government Code section 66326; and
WHEREAS, California Government Code sections 66314 through 66324 and
66333 through 66339 establish mandatory processing standards, development
standards, and limitations on local discretion applicable to ADUs and JADUs; and
WHEREAS, amendments to California ADU law effective January 1, 2026,
require conforming updates to local ordinances to maintain compliance with
state law; and
WHEREAS, the City is required to adopt programs that facilitate and
encourage the development of ADUs to meet housing needs identified in the
City’s General Plan Housing Element (6th Cycle 2021–2029), adopted by the City
Council and certified by the California Department of Housing and Community
Development, pursuant to California Government Code section 65583(c)(7); and
WHEREAS, the Planning Commission conducted a duly-noticed public
hearing pursuant to California Government Code section 65090 on January 20,
2026, and recommended adoption of this Ordinance.
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THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and
correct, and are incorporated herein by this reference.
SECTION 2. Repeal and Replace. The Hermosa Beach Municipal Code
(“HBMC”) Chapter 17.21 is hereby repealed in its entirety and replaced with the
zoning text document as set forth in Exhibit A, attached hereto and incorporated
herein by reference.
SECTION 3. Finding. The City Council hereby finds that repealing and
replacing HBMC Chapter 17.21 ensures consistency with current state law,
maintains local standards to the extent authorized, and avoids statutory
preemption.
SECTION 4. California Environmental Quality Act (“CEQA”). The City
Council finds that this Ordinance is statutorily exempt from CEQA pursuant to
California Public Resources Code section 21080.17, which provides that CEQA
does not apply to the adoption of an ordinance implementing California
Government Code sections 66310 through 66342 relating to ADUs. This Ordinance
implements state ADU law and does not establish discretionary standards beyond
those authorized by statute. Accordingly, no environmental review is required.
SECTION 5. Severability. If any part of this Ordinance or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that
such invalidity will not affect the effectiveness of the remaining provisions or
applications; and, to this end, the provisions of this Ordinance are severable.
SECTION 6. 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
this meeting; and, within fifteen (15) days after the Ordinance’s passage and
adoption, cause it to be published or posted in accordance with California law.
SECTION 7. 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.
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PASSED, APPROVED, and ADOPTED on this 24th day of March 2026.
AYES: MAYOR DETOY, MAYOR PRO TEM KEEGAN, and COUNCILMEMBERS
JACKSON, FRANCOIS, AND SAEMANN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Ann Yang Jason Baltimore
Interim City Clerk Interim City Attorney
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EXHIBIT A
CHAPTER 17.21 “ACCESSORY DWELLING UNITS”
Contents:
17.21.010 Purpose.
17.21.020 Effect of Conforming.
17.21.030 Definitions.
17.21.040 Approval of ADUs and JADUs.
17.21.050 Classes of ADUs and JADUs.
17.21.060 General ADU and JADU Requirements and Development Standards.
17.21.070 Specific ADU Requirements.
17.21.080 Fees.
17.21.090 Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
17.21.100 Nonconforming ADUs and Discretionary Approval.
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 Chapter 13 of Division 1 of Title 7 of the
California Government Code.
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, as defined in section 17.21.030
below. This does not prevent the city from enforcing compliance with applicable
building standards in accordance with Health and Safety Code section 17980.12.
17.21.030 Definitions.
As used in this section, terms are defined as follows:
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“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:
A. An efficiency unit, as defined by section 17958.1 of the California Health and Safety
Code; and
B. A manufactured home, as defined by section 18007 of the California Health and Safety
Code.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on
the same lot.
“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.
“Efficiency kitchen” means a kitchen that includes all of the following:
A. A cooking facility with appliances.
B. A food preparation counter and storage cabinets that are of a reasonable size in relation
to the size of the JADU.
“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the
following:
A. It is no more than 500 square feet of interior livable space in size.
B. 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.
C. It includes its own separate sanitation facilities or shares sanitation facilities with the
existing or proposed single-family structure.
D. 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.
E. It includes an efficiency kitchen, as defined in section 17.21.030.
“Livable space” means a space in a dwelling intended for human habitation, including living,
sleeping, eating, cooking, or sanitation.
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“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.
“Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the ADU or JADU.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets
the requirements for permitting.
“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.
“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.
17.21.040 Approval of ADUs and JADUs.
The following approvals apply to ADUs and JADUs created under this section:
A. Ministerial ADU and Building Permits Required. Every ADU and JADU requires
an ADU permit and a building permit. The city will review and approve permit
applications in accordance with subsection 17.21.040(C) below.
B. Processing Fee. 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 city council by
resolution.
C. Process and Timing.
1. Completeness.
a) Determination in 15 days. The city will determine whether an
application to create or serve an ADU or JADU is complete and will
provide written notice of the determination to the applicant within 15
business days after the city receives the application submittal.
b) Incomplete items. If the city’s determination under subsection
(C)(1)(a) above is that the application is incomplete, the city’s notice
must list the incomplete items and describe how the application can be
made complete.
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c) Cure. After receiving a notice that the application is incomplete, the
applicant may cure and address the items that were deemed by the city
to be incomplete.
d) Subsequent submittals. If the applicant submits additional information
to address incomplete items, within 15 business days of the subsequent
submittal the city will determine in writing whether the additional
information remedies all the incomplete items that the city identified in
its original notice. The city may not require the application to include
an item that was not included in the original notice.
e) Deemed complete. If the city does not make a timely determination as
required by this subsection (C), the application or resubmitted
application is deemed complete for the purposes of subsection (C)(3)
below.
f) Appeal of incompleteness. An applicant may appeal the city’s
determination that the application is incomplete by submitting a written
appeal to the city clerk. The planning commission will review the
written appeal and affirm or reverse the completeness determination and
provide a final written determination to the applicant within 60 business
days after receipt of the appeal.
2. No discretion or hearing. Ministerial permits for an ADU or JADU are
considered and approved without discretionary review or a hearing.
3. Deadline to approve or deny ministerial approvals. 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 complete application. If the city has not approved or
denied the complete 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.
4. Denial. 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
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corresponding comments must be provided to the applicant within the 60-day
time period established by subsection (C)(3) above.
5. Appeal of denial. An applicant may appeal the city’s denial of the application
by submitting a written appeal to the city clerk. The planning commission will
review the written appeal and affirm or reverse the denial and provide a final
written determination to the applicant within 60 business days after receipt of
the appeal.
6. Deadline to approve or deny CDP. Nothing in state ADU and JADU laws or
this code supersedes or in any way alters or lessens the effect or application of
the California Coastal Act of 1976, except that:
a) If a coastal development permit (CDP) is required for the ADU or
JADU, a complete CDP application must be included for the ADU or
JADU application to be complete; and
b) The CDP application must be approved or denied within 60 days of
receiving the complete application.
c) If the city does not have a certified local coastal plan or program when
the complete ADU or JADU application is received, the city will
immediately notify the California Coastal Commission of the complete
ADU or JADU application.
7. Concurrent review of demolition. 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.
17.21.050 Classes of ADUs and JADUs.
A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under
Government Code section 66323. If an ADU or JADU complies with each of the
general requirements in section 17.21.060 below, it is allowed in each of the scenarios
provided in this subsection (A). An ADU and JADU approved under subsection (A)(1)
may be combined with an ADU approved under subsection (A)(2), and ADUs approved
under subsection (A)(3) may be combined with ADUs approved under subsection
(A)(4).
1. Converted on Lot with Single-Family: One ADU as described in this
subsection (A)(1) and one JADU on a lot with a proposed or existing single-
family dwelling on it, where the ADU or 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,
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
sections 66333 through 66339.
2. Limited Detached on Lot with Single-Family: One detached, new-
construction ADU on a lot with a proposed or existing single-family dwelling,
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 of livable space or smaller.
c) The peak height above grade does not exceed the applicable height limit
in section 17.21.060 below.
3. Converted on Lot with Multifamily: 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 (A)(3), 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 Lot with Multifamily: No more than two detached
ADUs on a lot with a proposed multifamily dwelling, or up to eight detached
ADUs on a lot with an existing multifamily dwelling, if each detached ADU
satisfies all of the following:
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 subsection 17.21.060(B) below.
c) If the lot has an existing multifamily dwelling, the quantity of detached
ADUs does not exceed the number of primary dwelling units on the lot.
B. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code
sections 66314–66322. Except for Class 1 ADUs approved under subsection (A) above,
all ADUs are subject to the standards set forth in sections 17.21.060 and 17.21.070
below.
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17.21.060 General ADU and JADU Requirements and Development Standards.
The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
A. Zoning.
1. A Class 1 ADU approved under subsection 17.21.050(A) above may be created
on a lot in a residential or mixed-use zone.
2. A Class 2 ADU approved under subsection 17.21.050(B) above may be created
on a lot that is zoned to allow single-family dwelling residential use or
multifamily dwelling residential use.
3. In accordance with Government Code section 66333(a), a JADU may only be
created on a lot zoned for single-family residences.
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.
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 mile walking distance of a major transit stop or 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 25 feet in
height or the height limitation imposed by the underlying zone that applies to
the primary dwelling, whichever is lower. Notwithstanding the foregoing,
ADUs subject to this subsection (B)(4) may not exceed two stories.
5. For purposes of this subsection (B), height is measured from existing legal
grade or the level of the lowest floor, whichever is lower, to the peak of the
structure.
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C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the
primary residence.
2. The construction of an ADU or JADU 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 66341, 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. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment
system, the owner must include with the application a percolation test completed within
the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. ADUs. ADUs are not subject to an owner-occupancy requirement.
2. JADUs.
a) Generally. As required by state law, JADUs are generally 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.
b) Exceptions. The owner-occupancy requirement in this subsection
(G)(2) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not
share sanitation facilities with the existing primary dwelling
unit structure).
(II) The property is entirely owned by another governmental
agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a certificate of occupancy for an 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:
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1. The JADU may not be sold separately from the primary dwelling.
2. The 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 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 JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the JADU has been
eliminated. Appeal may be taken from the Director’s determination consistent
with other provisions of this Code. If the JADU is not entirely physically
removed, but is only eliminated by virtue of having a necessary component of
an 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 JADU in
violation of the recorded restrictions or abatement of the illegal unit.
I. Building & Safety.
1. Must comply with building code. Subject to subsection (I)(2) below, 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 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 section prevents the city from changing the occupancy code of a space
that was uninhabitable space or that was only permitted for nonresidential use
and was subsequently converted for residential use in accordance with this
section.
J. Certificate of Occupancy Timing.
1. Generally. No certificate of occupancy for an ADU or JADU may be issued
before the certificate of occupancy is issued for the primary dwelling unit.
2. Limited Exception for State-declared Emergencies. Notwithstanding
subsection (J)(1) above, a certificate of occupancy for an ADU may be issued
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before a certificate of occupancy for the primary dwelling if each of the
following requirements are met:
a) The county is subject to a proclamation of a state of emergency made
by the California Governor on or after February 1, 2025.
b) The primary dwelling was substantially damaged or destroyed by an
event referenced in the Governor’s state of emergency proclamation.
c) The ADU has been issued construction permits and has passed all
required inspections.
d) The ADU is not attached to the primary dwelling.
17.21.070 Specific ADU Requirements.
The following requirements apply only to Class 2 ADUs approved under subsection
17.21.050(B) above. This section does not apply to Class 1 ADUs or JADUs approved under
subsection 17.21.050(A) above.
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this section is 850
square feet of interior livable space for a studio or one-bedroom unit and 1,000
square feet of interior livable space 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 17.21.070, such as
FAR, minimum lot size, or lot coverage, might further limit the size of the
ADU, but no application of the percent-based size limit in subsection (A)(2)
above or of an FAR, front setback, minimum lot size, lot coverage limit, or
open-space requirement may require the ADU have less than 800 square feet of
interior livable space.
B. Floor Area Ratio (FAR). No ADU subject to this section may cause the total FAR of
the lot to exceed 50 percent, subject to subsection (A)(3) above.
C. Setbacks.
1. ADUs that are subject to this section must conform to 4-foot side and rear
setbacks. ADUs that are subject to this section must conform to 25-foot front
setbacks, subject to subsection (A)(3) above.
2. 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.
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D. Lot Coverage. No ADU subject to this section may cause the total lot coverage of the
lot to exceed whatever applicable standard exists based on the zone in which it is was
located subject to subsection (A)(3) above.
E. Minimum 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 in which it is located subject to subsection (A)(3) above.
F. Passageway. No passageway, as defined by section 17.21.030 above, is required for
an ADU.
G. Parking.
1. Generally. One off-street parking space is required for each ADU or bedroom,
whichever is less. The parking space may be provided in setback areas or as
tandem parking, as defined by section 17.21.030 above.
2. Exceptions. No parking under subsection (G)(1) is required in the following
situations:
a) The ADU is located within one-half mile walking distance of public
transit, as defined in section 17.21.030 above.
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.
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 subsections (G)(2)(c) through (e) above.
3. No Replacement. When a garage, carport, covered parking structure, or
uncovered parking space 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.
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H. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors
must be the same as 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. No window or door of the ADU may have a direct line of sight to an adjoining
residential property. Each window and door must either be located where there
is no direct line of sight or screened using fencing, landscaping, or privacy glass
to prevent a direct line of sight.
7. All windows and doors in an ADU 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.
8. Architectural requirements defined in this subsection shall not preclude any unit
subject to Government Code section 66323.
I. Landscape Requirements. Evergreen landscape screening must be planted and
maintained between the ADU and adjacent parcels as follows:
1. At least one 15-gallon size plant must be provided for every five linear feet of
exterior ADU wall. Alternatively, at least one 24” box size plant must be
provided for every ten linear feet of exterior ADU wall.
2. Plant specimens must be at least six feet tall when installed. As an alternative,
a solid fence of at least six feet in height may be installed.
3. All landscaping must be drought-tolerant.
4. All landscaping must be from the city’s approved plant list.
5. Landscape requirements defined in this subsection shall not preclude any unit
subject to Government Code section 66323.
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J. 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.
K. Allowed Stories. No ADU subject to this section may have more than one story, except
that an ADU that is attached to the primary dwelling may have the stories allowed
under subsection 17.21.060(B) of this section.
17.21.080 Fees.
The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are
approved under section 17.21.060 above.
A. Impact Fees.
1. No impact fee is required for a JADU or for an ADU that has less than 750
square feet of interior livable space. For purposes of this section, “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. A JADU or ADU with less than 500 square feet of interior livable space does
not increase assessable space by 500 square feet for purposes of Education Code
section 17620(a)(1)(C), and is therefore not subject to school fees under
Education Code section 17620.
3. Any impact fee that is required for an ADU that has 750 square feet or more of
interior livable space 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 or JADU is constructed with a new single-family home, a separate
utility connection directly between the ADU or JADU 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), JADUs and converted ADUs on a
single-family lot that are created under subsection 17.21.050(A)(1) above are
not required to have a new or separate utility connection directly between the
JADU or ADU and the utility. Nor is a connection fee or capacity charge
required. Notwithstanding the rest of this paragraph, a direct utility connection
is required for separate conveyance of an ADU when separate conveyance is
allowed under this code.
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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 for any utility that is provided by the city. All utilities
that are not provided by the city are subject to the connection and fee
requirements of the utility provider.
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.
17.21.090 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 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 and JADUs constructed before 2020.
1. Permit to Legalize. As required by state law, the city may not deny a permit to
legalize an existing but unpermitted ADU or JADU that was constructed before
January 1, 2020, if denial is based on either of the following grounds:
a) The ADU or JADU violates applicable building standards, or
b) The ADU or JADU does not comply with state ADU or JADU law or
this ADU ordinance, Chapter 17.21.
2. Exceptions:
a) Notwithstanding subsection (B)(1) above, the city may deny a permit to
legalize an existing but unpermitted ADU or JADU that was constructed
before January 1, 2020, if the city makes a finding that correcting a
violation is necessary to comply with the standards specified in
California Health and Safety Code section 17920.3.
b) Subsection (B)(2)(a) above does not apply to a building that is deemed
to be substandard in accordance with California Health and Safety Code
section 17920.3.
17.21.100 Nonconforming ADUs and Discretionary Approval.
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Any proposed ADU or JADU that would otherwise be allowed under this Chapter but that does
not conform to the objective design or development standards set forth in sections 17.21.010
through 17.21.090 of this section may be allowed by the city with a conditional use permit, in
accordance with the other provisions of this title.
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Introduced 03/10/2026
Adopted: 03/24/2026
State of California )
County of Los Angeles )ss
City of Hermosa Beach )
March 26, 2026
Certification of Council Action
ORDINANCE NO. ORD-26-1498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REPEALING AND REPLACING CHAPTER 17.21 OF
THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
(CITYWIDE), AND FINDING THE ACTION STATUATORILY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
I, Ann Yang, Interim City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. ORD-26-1498 was
duly approved and adopted by the City Council of said City at its regular meeting
thereof held on the 24th day of March 2026, and passed by the following vote:
AYES: MAYOR DETOY, MAYOR PRO TEM KEEGAN, COUNCILMEMBERS
JACKSON, FRANCOIS, AND SAEMANN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Ann Yang
Interim City Clerk
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