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ORD 615U ORDINANCE NO. 615U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 17.02 (SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS) AND 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REQUIRE NEIGHBORHOOD COMPATIBILITY REVIEW FOR RESIDENTIAL SECOND UNITS OVER 12' IN HEIGHT AND TO CLARIFY THE TRIGGER THAT REQUIRES THE NEIGHBORHOOD COMPATIBILITY FINDING FOR STRUCTURES OVER 16' IN HEIGHT. WHEREAS, in 1997, Chapter 17.10 (Second Unit Development Standards) of Title 17 (Zoning) was enacted that allows second units on residential zone properties subject to specific standards consistent with California State Government Code § 65852.2. The standards ensure second units in residential districts are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the General Plan are observed; and, WHEREAS, on January 1, 2017, State laws (AB 2299 and SB 1069) were enacted renaming second dwelling units as "Accessory Dwelling Units" intended to, among other things, support infill and affordable housing development, ease and streamline current statewide regulations, encourage the building of second units, create more housing options, and improve and incentivize the creation of second dwelling units as ways to create more rental property and incomes for families to stay in their current homes; and, WHEREAS, on January 1, 2018, two additional State laws (SB 229 and AB 494) were enacted regarding second units intended to further facilitate the development of second units in response to California's severe housing crisis, including allowing second units to be built concurrently with a single-family home, waiving utility connection fees, and reducing parking requirements; and, WHEREAS, due to recent legislation, and the apparent correlated recent uptick in applications for second units, the City Council of the City of Rancho Palos Verdes now desires to require Neighborhood Compatibility review for second units over 12' in height and to clarify the trigger for the City's Neighborhood Compatibility finding for structures exceeding 16' in height; and, WHEREAS, Government Code Sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance that becomes effective immediately upon its adoption by a four-fifths vote of the City Council for the immediate preservation of the public peace, health or safety of the City; and, WHEREAS, this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code section 36937 due to the growing concerns regarding the aesthetic effect of second units on neighborhoods; and, WHEREAS, the City Council finds that the uptick in planning applications for second units Ordinance No. 615U Page 1 of 4 without regulations and limitations in place that more thoroughly address the City's needs and character constitutes an immediate threat to the public health, safety, and welfare; and, WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated herein by this reference. B. It is the intent and purpose of this Ordinance that Neighborhood Compatibility Review be required for second units over 12' in height and that it clarifies the trigger for the City's Neighborhood Compatibility finding for structures exceeding 16' in height. C. This Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety of the City within the meaning of Government Code Section 36937 in order to address growing concerns regarding the aesthetic effect of second units on residential neighborhoods and their consistency with the goals and policies of the City's General Plan. Section 2: Sections 17.02.030(B)(1)(a), (b), (c), (d), and (e) of the Rancho Palos Verdes Municipal Code are modified to read as follows (deleted text in stfikethwough and new text in bold/underline): a. A new primary dwelling unit that is proposed to be developed on a vacant lot. b. A new primary dwelling unit that is proposed to replace an existing residence. c. An existing primary dwelling unit that is proposed to be remodeled or renovated such that fifty percent or greater of any existing interior and exterior walls or existing square footage is demolished. d. An addition to an existing primary dwelling unit or the construction of any new detached structure that individually, or when combined with prior additions cumulatively, results in greater than: (i) 750 square feet of additional floor area, or (ii) A 25 percent expansion of the total square footage of all of the original structures constructed on the property, including the primary dwelling unit, the garage, and all detached structures; e. The construction of, or an addition to, - -= ---e-e - ea e -"e'- - =g • a structure exceeding 16 feet in height and requiring a Height Variation Permit Ordinance No. 615U Page 2 of 4 pursuant to Chapter 17.02.040 (-•-= - - --' '- '=-- •- ' - !' '- View Preservation and Restoration); ; Section 3: A new Section 17.02.030(B)(1)(i) is hereby added to Chapter 17.02 (Single Family Residential (RS) Districts) of the Rancho Palos Verdes Municipal Code to read in its entirety as follows: i. The construction of, or addition to, a second unit over 12 feet in height, as measured pursuant to Section 17.10.020(Second Unit Development Standards). Section 4: Sections 17.10.020(C)and (E)of the Rancho Palos Verdes Municipal Code are modified to read as follows (deleted text in and new text in bold/underline): C. All second unit developments shall comply with all applicable building, housing, zoning and site development standards, codes and regulations of the base zoning district in which it will be located. This shall include, but not be limited to, standards regarding height (see Subsection E below), setbacks and lot coverage_, and in the case of - .-- .• •• - -- • - -- - - --•- - -- --• . '-- -- ..• All second units exceeding 12 feet in height shall comply with the Neighborhood Compatibility requirements of Section ghapter 17.02.030(B) (Neighborhood Compatibility '-e - ' - -- ' ) E. Whether attached or detached to the primary unit, the second unit shall not exceed sixteen 16 feet in height, unless a hHeight variation permit is granted pursuant to Section 17.02.040(View Preservation and Restoration).The height of a second unit shall be measured as follows, whichever is lower: i. The preconstruction (existing) grade at the highest elevation of the existing building pad area covered by the structure, to the ridgeline or highest point of the structure, or ii. The post-construction grade where the lowest foundation or slab meets finished grade, to the ridgeline or highest point of the structure. Section 5: CEQA Exemption. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, because it only clarifies and updates the triggers for Neighborhood Compatibility Review. Section 6: Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Ordinance No. 615U Page 3 of 4 Section 7: Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three(3) public places in the City within fifteen (15)days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 8: Effective Date. This Urgency Ordinance shall go into effect immediately upon its adoption by at least a four-fifths vote of the City Council pursuant to Government Code sections 36934 and 36937. PASSED, APPROVED AND ADOPTED this 15th day of January, 2019. */ 4110 Mayor Attest: C yC :rk STATE 0 - - •RN IA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 615U was duly adopted by the City Council of said City at a regular meeting thereof held on January 15, 2019, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic NOES: None ABSENT: None ABSTAIN: None 111111.1&' it Clerk Ordinance No. 615U Page 4 of 4 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on January 16, 2019, she caused to be posted the following document entitled: ORDINANCE NO. 615U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 17.02 (SINGLE-FAMILY RESIDENTIAL(RS) DISTRICTS) AND 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REQUIRE NEIGHBORHOOD COMPATIBILITY REVIEW FOR RESIDENTIAL SECOND UNITS OVER 12' IN HEIGHT AND TO CLARIFY THE TRIGGER THAT REQUIRES THE NEIGHBORHOOD COMPATIBILITY FINDING FOR STRUCTURES OVER 16' IN HEIGHT, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the fore 'ng is a true and correct affidavit of posting. ASV 11-11 ity Clerk