TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Jeff Gibson, Interim Community Development Director
Laurie B. Jester, Planning Manager
Angelica Ochoa, Associate Planner
Eric Haaland, Associate Planner
SUBJECT:Title
Consider Adoption of Urgency Ordinance No. 19-0019-U and Urgency Ordinance No. 19-0020-U for Amendments to the Municipal Code and Local Coastal Program (LCP), Requiring an Equal Number of Replacement Units for Residential Dwelling Units that are Demolished (Interim Community Development Director Gibson).
ADOPT URGENCY ORDINANCE NOS. 19-0019-U AND 19-0020-U AMENDING THE MUNICIPAL CODE AND THE CITY’S LOCAL COASTAL PROGRAM REGARDING REPLACEMENT HOUSING
...Line
_________________________________________________________
Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 19-0019-U and Urgency Ordinance No. 19-0020-U for Amendments to the Municipal Code and Local Coastal Program (LCP), requiring an equal number of replacement units for residential dwelling units that are demolished.
Body
FISCAL IMPLICATIONS:
There is no fiscal implication associated with the adoption of the attached Interim Ordinances. However, development of the permanent Zoning Code and Local Coastal Amendments will require additional staff time.
BACKGROUND AND DISCUSSION:
The state legislature has adopted a new statute (SB 330 - the Housing Crisis Act) adding Government Code Section 66300, which provides - among other things - that “[a]n affected city . . . shall not approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.” The new statute, effective January 1, 2020, requires that housing must be replaced on a one-to-one basis. In other words, if a triplex is proposed to be demolished, the builder must construct 3 units.
“Housing development project” is not defined in Section 66300, and the definition of this term provided in a separate section of the Government Code is ambiguous. The proposed ordinance would clarify that the replacement requirement applies to a proposal for a single-family home, as well as all other types of housing. To avoid any possible ambiguity as to whether a single family house is considered a “housing development project,” staff has drafted an ordinance consistent with the intent of the statute. The ordinance will allow property owners who wish to demolish a duplex and build a single family house to build a single family house, provided a second unit (which may or may not be an ADU) is built.
It is common for new residential development projects in Manhattan Beach to permanently eliminate existing dwelling units. Duplexes and triplexes are often replaced by single-family homes, and neighboring properties are sometimes merged for a single dwelling’s use, by preference of the developer. The proposed Municipal Code and LCP ordinances would implement the State intent to preserve the number of existing housing units. The regulations would prohibit approval of projects that would reduce the number of legal dwelling units Citywide. Clarification is provided that a Junior Accessory Dwelling Unit (JADU) can be used to replace a demolished dwelling unit in Area Districts III and IV (beach area) if it qualifies as an “affordable” housing unit. With certain exceptions, ADUs are not otherwise permitted in Area Districts III and IV. A separate report detailing the new ADU and JADU regulations is included in this agenda.
The proposed regulation language would require projects to replace existing units on-site, and would allow the alteration and remodeling of existing legal nonconforming residential units to conform to the new regulations.
Interim Urgency Ordinances
The proposed Ordinances would be effective immediately and remain in effect for 45 days unless the City Council extends it at a future hearing. Staff expects that a hearing as well as the State required ten-day report will be scheduled for January 21, 2020. Additional State and City adjustments are likely to occur in the following year, and more permanent, ordinances would be reviewed by the Planning Commission and City Council after that initial period.
The City Council must make the following finding to adopt the Interim Urgency Ordinances, and they must be adopted by four-fifths votes: There is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare.
Some pending projects include dwelling unit reductions that conflict with the proposed Ordinance regulations. Projects submitted for Building Plan Check would be exempt from the new requirements, and Staff recommends a deadline for pending Planning applications be imposed as follows:
"Discretionary applications which include all of the submittal requirements for a complete application, that are accepted by the City before 5:30pm, December 17, 2019, are not subject to this urgency ordinance.”
PUBLIC OUTREACH:
After analysis, staff determined that as an urgency item that public outreach was not required for this project, however a notice will be provided and a public hearing will be conducted in January.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is an ordinance regarding required replacement dwelling units to implement the provisions of Government Code Section 66300 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h).
LEGAL REVIEW:
The City Attorney has approved the draft ordinances as to legal form.
ATTACHMENTS:
1. Urgency Ordinance No. 19-0019-U (Municipal Code)
2. Urgency Ordinance No. 19-0020-U (Local Coastal Program)