ORD 619 ORDINANCE NO. 619
AN ORDINANCE OF THE CITY COUNCIL 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
TRIGGERS REQUIRING THE NEIGHBORHOOD
COMPATIBILITY FINDING.
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, the City Council of the City of Rancho Palos
Verdes 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, on November 17, 2018, the City Council authorized the initiation of a
code amendment proceedings for a comprehensive update to Title 17 (Zoning Code) of
the RPVMC; and,
WHEREAS, on January 15, 2019, the City Council adopted Urgency Ordinance
No. 615U, as the Council determined that amending Chapters 17.02 and 17.10 to
require Neighborhood Compatibility Review for residential second units over 12' in
height and to clarify the triggers requiring the Neighborhood Compatibility finding, was
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; and,
WHEREAS, on January 22, 2019, the Planning Commission conducted a duly
noticed public hearing on this Ordinance and adopted P.C. Resolution No. 2019-02,
recommending that the City Council adopt the same; and,
WHEREAS, on February 14, 2019, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the City Council on
March 5, 2019; and
WHEREAS, on March 5, 2019, the City Council conducted and held a public
hearing on this Ordinance and all testimony received was made a part of the public record;
and;
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2019-02, written staff
reports, and any testimony provided at the public hearing.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
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 triggers requiring the City's Neighborhood Compatibility
finding.
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:
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.
Ordinance No. 619
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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, a structure exceeding 16 feet in height
and requiring a Height Variation Permit 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:
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. All second units exceeding 12 feet in height shall comply with the
Neighborhood Compatibility requirements of Section 17.02.030(B)
(Neighborhood Compatibility).
E. Whether attached or detached to the primary unit, the second unit shall not
exceed 16 feet in height, unless a Height 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
Ordinance No. 619
Page 3 of 5
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.
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 Ordinance shall go into effect at 12:01AM on the
31st day after its passage.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2019.
Mayor
Attest: rib
41b.
TAIBIEV
� City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 619
Page 4 of 5
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. 619 passed first reading on March 5, 2019, was duly adopted by the City
Council of said City at a regular meeting thereof held on March 19, 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
4111\
AmmoNat
Mirg. lerk
f
Ordinance No. 619
Page 5 of 5
Llil..
.f.i:
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 March 20, 2019, she caused to be posted the following
document entitled: ORDINANCE NO. 619, AN ORDINANCE OF
THE CITY COUNCIL 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 TRIGGERS
REQUIRING THE NEIGHBORHOOD COMPATIBILITY FINDING, 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 foregping is a true and correct affidavit of
posting.
4u1mf
411AMIL* ._
Jerk