PC RES 2022-008 P.C. RESOLUTION NO. 2022-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS
TO TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ESTABLISH DEFINITIONS AND
REGULATIONS FOR SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES
(CASE NO. PLCA2022-0001)
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill No. 9
(SB 9). This housing bill requires the ministerial approval of two dwelling units per parcel in
single-family residential zones, where previously only one primary dwelling unit would have
been permitted; and
WHEREAS, on December 21, 2021, the City Council adopted Urgency Ordinance
No. 656U to codify regulations in Title 16 (Subdivision) and Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code (RPVMC) pertaining to SB 9 projects, prior to SB 9 taking
effect statewide on January 1, 2022; and
WHEREAS, the City desires to amend Chapter 17.09 (Second Units and Two-Unit
Developments in Single-Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning)
of the RPVMC to further refine and clarify the code to better regulate SB 9 projects; and
WHEREAS, on March 24, 2022, a public notice was published in the Palos Verdes
Peninsula News, announcing code amendment proceedings to be heard by the Planning
Commission, pursuant to the requirements of the RPVMC; and
WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the Planning
Commission and Staff. The item was continued to April 26, 2022, May 10, 2022, and
subsequently to June 28, 2022, to allow Staff additional time to incorporate the input
received; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the draft ordinance.
l
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated fully herein by
reference.
P.C. Resolution No.2022-08
Page 1 of 11
SECTION 2. The Planning Commission has reviewed and considered the proposed
code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code
regarding second units and two-unit developments, as presented in `Exhibit A'.
SECTION 3. The proposed amendments are consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the
goals and policies of those plans.
SECTION 4. The proposed amendments are exempt from the California
Environmental Quality Act ("CEQA") pursuant to Government Code Sections 65852.21(j)
and 66411.7(n), as the proposed regulations implementing SB 9 are not considered a
"project", and therefore, do not require any environmental review.
SECTION 5. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends that the City Council
adopt the Ordinance attached hereto as `Exhibit A,' entitled, "AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO AMEND SECTION 17.02.020 (SINGLE FAMILY
RESIDENTIAL (RS)) DISTRICTS — USES AND DEVELOPMENT PERMITTED), ADD
CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY
ZONES), AND AMEND CHAPTER 17.96 (DEFINITIONS) THEREBY ESTABLISHING
DEFINITIONS AND REGULATIONS FOR SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES".
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022.
AYES: COMMISSIONERS NELSON, NULLMAN, PERESTAM, SAADATNEJADI
AND VICE-CHAIR CHURA
NOES: NONE
ABSTENTIONS: COMMISSIONER SANTAROSA AND CHAIR HAMILL
RECUSALS: NONE
ABSENT: NONE
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Julie amill
Cha
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
P.C. Resolution No.2022-08
Page 2 of 11
EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached.
P.C. Resolution No.2022-08
Page 3 of 11
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO AMEND SECTION 17.02.020
(SINGLE FAMILY RESIDENTIAL (RS)) DISTRICTS— USES AND
DEVELOPMENT PERMITTED), ADD CHAPTER 17.09 (SECOND
UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY
ZONES), AND AMEND CHAPTER 17.96 (DEFINITIONS)
THEREBY ESTABLISHING DEFINITIONS AND REGULATIONS
FOR SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN
SINGLE-FAMILY RESIDENTIAL ZONES
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill No. 9
(SB 9). This housing bill requires the ministerial approval of two dwelling units per parcel in
single-family residential zones, where previously only one primary dwelling unit would have
been permitted; and
WHEREAS, on December 21, 2021, the City Council adopted Urgency Ordinance
No. 656U to codify regulations in Title 16 (Subdivision) and Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code (RPVMC) pertaining to SB 9 projects, prior to SB 9 taking
effect statewide on January 1, 2022; and
WHEREAS, the City desires to amend Chapter 17.09 (Second Units and Two-Unit
Developments in Single-Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning)
of the RPVMC to further refine and clarify the code to better regulate SB 9 projects; and
WHEREAS, on March 24, 2022, a public notice was published in the Palos Verdes
Peninsula News, announcing code amendment proceedings to be heard by the Planning
Commission, pursuant to the requirements of the RPVMC; and
WHEREAS, on April 12, 2022, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the Planning
Commission and Staff. The item was continued to April 26, 2022, May 10, 2022, and
subsequently to June 28, 2022, to allow Staff additional time to incorporate the input
received; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the draft ordinance; and
WHEREAS, on July 12� 2022, the Planning Commission adopted P.C. Resolution
No. 2022- , recommending that the City Council adopt this Ordinance; and
WHEREAS, on , a public notice was published in the Palos Verdes Peninsula
News, providing a notice of a public hearing before the City Council on ; and
P.C. Resolution No.2022-08
Page 4 of 11
WHEREAS, on , the City Council conducted a duly noticed public hearing on
this Ordinance, and all testimony was received and 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. 2022- , written staff
reports, and any testimony provided at the public hearing; and
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 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 fully herein by reference.
B. It is the intent and purpose of this Ordinance to amend to Title 17 of the Rancho
Palos Verdes Municipal Code regarding second units and two-unit developments.
SECTION 2. The proposed code amendments to Title 17 adopted herein are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that
they uphold, and do not hinder, the goals and policies of those plans.
SECTION 3. Chapter 17.09 (Second Units and Two-Unit Developments in Single-
Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning) of the RPVMC are hereby
amended as follows, with the remaining portions of those chapters remaining unchanged
(new text in bold underline, deletions in ):
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones)
17.09.030 Requirements.
Proposed second units and two-unit developments:
A. Shall be located in the RS zoning district;
B. Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B)
through (a)(6)(K), inclusive, of Government Code Section 65913.4;
C. Shall not require or allow the demolition or alteration of any of the following types of
housing:
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1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income;
2. Housingthat is to anyform of rent orprice control through apublic entity's
subject g Y
valid exercise of its police power; or
3. Housing that has been occupied by a tenant in the last three years;
P.C. Resolution No.2022-08
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D. Shall not require or allow the demolition of more than 25 percent of the existing exterior
structure walls on the parcel if the parcel has been occupied by a tenant in the last three
years;
E. Shall not be located on a parcel on which an owner of residential real property has
exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations from rent
or lease within 15 years before the date that the development proponent submits an
application;
F. Shall not be located within a historic district or on property included on the State Historic
Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a
site that is designated or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance; and
G. Shall not be located in the landslide moratorium area, as defined in Section
15.20.020, unless the proposed project falls within one of the exception
categories in Section 15.20.040. If applicable, a landslide moratorium exception
permit shall be obtained by the applicant prior to the approval of the application
for a second unit or two-unit development.
G. Shall each have a separate entrance.
17.09.040 Development standards.
A second unit, and both of the units in a two-unit development, shall comply with all of the
following development standards:
A. Configuration. A second unit, - ' e e= - - -' = - = - -' : - . - _ _ -- - - , may be
attached to7-adjacent to, or detached from, any other dwelling unit structure on the
parcel, subject to subsections (C) and (D) of Section 17.09.030 (Requirements). The
units in a two-unit development may be attached or detached from one another;
B. Size. Notwithstanding any other development standard, aA second unit, and both
efthe units in a two-unit development, shat may be up to 800 square
feet in floor area each. Second units, and both units in a two-unit development,
that are constructed on a lot that is at least 20,000 square feet may be up to 1,000
square feet in floor area.
C. Height. A second unit, and both of the units in a two-unit development, shall be no taller
than 16 feet in height as measured from adjacent pre-construction grade and shall be
one-story.
D. Setbacks. No setback beyond the existing setback shall be required for an existing
structure or for a unit constructed in the same location and to the same dimensions as
an existing structure. In all other circumstances, second units, and both units of a two-
unit development, shall be set back at least four feet from the side and rear lot lines.
E. Parking.
1. One new off-street parking space, either enclosed or open, is required for a
second unit and = - - = • -- =- •- = = - -- = - - -• • -= -' -= for each unit of a
two-unit development. Such parking spaces shall be in addition to all existing
parking spaces on the parcel.
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Page 6 of 11
2. Notwithstanding subsection (E)(1), no parking spaces are required for a second
unit or a two-unit development if either:
a. The parcel is located within one-half mile walking distance of either a high-
quality transit corridor, as defined in subsection (b) of Public Resources
Code Section 21155, or a major transit stop, as defined in Public Resources
Code Section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
F. Decks. No attached decks, including roof decks and balconies, will be allowed
that exceed 6 inches in height, as measured from adjacent finished grade, for
second units or either unit in a two-unit development.
G. Grading. For second units and two-unit developments built on sloping lots,
grading shall be limited to a combined total of 200 cubic yards, provided the
proposed grading is limited to notching the unit(s) into the existing slope and no
additional grading is proposed to create ancillary flat surfaces around the
proposed unit(s), except as may be required for fire safety requirements or
access purposes.
H. Extreme Slope. Applications for second units and two-unit developments
proposed to be built on extreme slopes may be denied if the City's geologist
determines that the proposed structure(s)will result in a specific adverse impact,
as defined in Government Code Section 65589.5(d)(2), upon public health and
safety or the physical environment, that cannot be satisfactorily mitigated or
avoided. As a condition of approval of an application for a second unit or two-
unit development on an extreme slope or which involves grading to
accommodate the unit(s), the applicant shall submit a geological or geotechnical
study reasonably required by the City for review and approval by the City's
geologist.
I. Location of Second Unit. A detached second unit shall be located behind the
primary residence, and be clearly subordinate to the primary residence, both in
height and width. If it is not legally and/or physically possible for a detached
second unit to be built behind the primary residence, then it may be built in front
or to the side of the primary residence subject to a minimum front setback of 25
feet.
J. Separation Between Detached Units. Detached second units and both units of a
two-unit development, if detached from one another, built within a very high fire
hazard severity zone, must maintain a ten-foot separation from the primary
residence or each other, as applicable.
K. Separate Entrances. Detached second units and both units of a two-unit
development shall have separate entrances from any other unit.
L. Driveways. Notwithstanding the number of units on the lot, no additional curb
cuts to create new driveways shall be allowed unless the Public Works Director
determines that a new curb cut is required for public health and safety purposes.
M.Additional Development Standards. Except as provided in subsections (A)through (EL),
second units, and each unit of a two-unit development, shall comply with all
development standards that would be applicable to a primary dwelling unit on the same
parcel.
N. Limitation on Enforcement of Development and Design Standards. If the enforcement
of a development standard, wWith the exceptions of the setback requirements in
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subsection (D),
- - : - _ - : - - = = " " ' _ - e - e or the design standards in Section 17.09.050,
would physically limit the size of a primary dwelling unit to less than 800 square
feet, or would physically limit the property to having only one primary dwelling
unit, then the standard shall be relaxed or waived to the extent necessary to allow
the unit to be up to 800 square feet, or to allow a second primary dwelling unit
on the property, or both, as applicable. = - - - - - - - - • _ : - _ - - - - • -
•-•- • - : 19 - - -- •- .-
17.09.050 Design standards.
A. Second units, and each unit of a two-unit development, shall comply with all objective
design standards that would be applicable to a primary dwelling unit on the same
parcel.
B. Each second unit shall be architecturally consistent with the primary residence
and both units of a two-unit development shall be architecturally consistent with
each other, such that the matching units use complementary color palettes,
exterior finishes, and matching roof pitches as viewed from all sides. The roof
slope must match that of the dominant roof slope of the primary dwelling or
matching unit. The dominant roof slope is the slope shared by the largest portion
of the roof.
C. Any garage door shall be removed from a garage or other accessory structure
that is converted to a second unit, and the opening shall be treated and finished
to match the primary residence.
D The units shall provide privacy mitigation measures by having the entrance to
the units face away from the nearest, adjacent property.
E. No entry to a second unit shall be visible from the public right-of-way.
F. The exterior lighting on a second unit or two-unit development must comply with
Section 17.56.030 (Outdoor Lighting for Residential Uses) of this code.
17.09.060 Rental term; separate conveyance.
A. Second units and the units in a two-unit development shall not be rented for a term of
less than 31 consecutive days.
B. A second unit may not be turned into a condominium or otherwise sold
separately from the other primary unit on the parcel. The units in a two-unit
development may not be turned into condominiums or otherwise sold separately
from one another. For purposes of this Chapter, "primary unit" means a dwelling
unit other than an accessory dwelling unit or junior accessory dwelling unit.
- •* - 1 1 - - - * - -- - - -e e - •- e-- -
-- - - e . - -* - - - •- -- •• — - ••
1
and Safety Code Section 50079.5, for a minimum of 55 years. Prior to the issuance of a
P.C. Resolution No.2022-08
Page 8 of 11
form approved by the director and the city attorney, establishing legal restrictions
17.09.070 Requirement for issuance of building permit.
A building permit shall not be issued for a second unit unless there is one existing
primary dwelling unit on the parcel. For purposes of this section, a primary dwelling
unit shall be considered to be "existing" if it has a current valid certificate of
occupancy or a building permit that has been finaled.
17.09.080 Total number of units
A. Any lot created by a lot split pursuant to Chapter 16.40 (Urban Lot Splits) shall be
limited to a maximum of two units.
B. No more than four units shall be permitted on a single-family residential lot that
has not undergone a lot split.
C. The maximum number of units permitted on any single-family residential lot may
be any combination of primary dwelling units, second units, two-unit
developments, accessory dwelling units, or junior accessory dwelling units,
provided that the total permitted number of units per lot is not exceeded, and
subject to the limitations on the development of accessory dwelling units and
junior accessory dwelling units in Chapter 17.10 (Accessory Dwelling Unit and
Junior Accessory Dwelling Unit Development Standards).
17.09.890 Coastal permit.
Notwithstanding any other provision of this chapter,
• the applicant shall comply with the
requirements of Chapter 17.72 (Coastal Permits).
Chapter 17.96 - Definitions
17.96.578 - Development, two-unit.
"Two-unit development" means the simultaneous development of two new
p p
residential dwelling units, other than an accessory dwelling unit or junior accessory dwelling
unit, on a single parcel with where either (i) there are no existing primary residential
dwelling unit - - - - - - .. - .-- -• _ .. - . •a
- - •- - - • - .. -
17.96.2155 - Unit, second.
"Second unit" means a second residential dwelling unit, other than an accessory dwelling
unit or junior accessory dwelling unit, added to a parcel with one and only one
an-existing primary dwelling unit, -• - - - - - - - •- - - - - - •- - - • - - •- -
- --- - - - - - •- •- -P.C. Resolution No.2022-08
Page 9 of 11
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SECTION 4. This ordinance is exempt from the California Environmental Quality
Act ("CEQA") pursuant to Government Code Sections 65852.21(j) and 66411.7(n), as the
proposed regulations implementing SB 9 are not considered a "project", and therefore, do
not require any environmental review.
SECTION 5. 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 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this day of , 2022.
David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
P.C. Resolution No.2022-08
Page 10 of 11
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Ordinance No. 2022- , was duly-adopted by the City Council of said City at a
regular meeting thereof held on , 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
P.C. Resolution No.2022-08
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