PC RES 2022-013 P.C. RESOLUTION NO. 2022-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT CODE AMENDMENTS TO SECTION 17.10.020
(ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT STANDARDS) OF CHAPTER
17.10 (ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT STANDARDS); AND SECTION
17.96.022 (ACCESSORY DWELLING UNIT) AND SECTION
17.96.995 (JUNIOR ACCESSORY DWELLING UNIT) OF CHAPTER
17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE; TO CLARIFY APPLICABILITY
OF ESTABLISHED ARCHITECTURAL STANDARDS TO STATE OF
CALIFORNIA EXEMPT ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AS WELL AS TO
CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO.
PLCA2022-0004)
WHEREAS, on October 9, 2019, Governor Newsom signed into law Assembly Bill
No. 881 (AB 881) to facilitate housing development by creating exemptions for the
development of certain accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on January 19, 2021, the City Council adopted Ordinance No. 640,
adding Chapter 17.10 (Accessory dwelling unit and junior accessory dwelling unit
development standards) to the Rancho Palos Verdes Municipal Code (RPVMC), thereby
establishing standards for the development and maintenance of accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, on August 4, 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be considered by the Planning Commission on August 23, 2022, pursuant
to the requirements,of the RPVMC; and
WHEREAS, the proposed revisions to Chapter 17.10 will bring the ordinance in
line with certain provisions of AB 881; and
WHEREAS, on August 23, 2022, the Planning Commission conducted the public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the proposed code amendments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
P C. Resolution No.2022-13
Page 1
SECTION 1. The above recitals are true and correct and incorporated fully herein
by reference.
SECTION 2. The Planning Commission has reviewed and considered the
proposed code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code (Case No. PLCA2022-0004) and has determined that the proposed amendments
to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that such amendments uphold the goals and policies of those plans, and
that the proposed code amendments would ensure the protection of properties and
persons from environmental effects created by any use or development of land.
SECTION 3. Specifying accessory dwelling units and junior accessory dwelling
units under 800 ft2 (garage included) and less than 16 feet in height to be exempt from
the objective architectural standards of Section 17.10.020 (B)(6) of the City's RPVMC
would promote ADU development and ensure compliance with State ADU regulations.
SECTION 4. Amending the provisions for outdoor lighting and roof decks will
ensure that the City continues to promote the objective architectural standards for related
to roof decks and outdoor lighting standards.
SECTION 5. Amending the definitions for accessory dwelling units (Section
17.96.022) and junior accessory dwelling units (Section 17.96.995) will clarify the
intended uses for these types of improvements.
SECTION 6. The proposed code amendments to Title 17 (Zoning) of the RPVMC
are exempt from the requirements of the California Environmental Quality Act (CEQA)
because the proposed ordinance: (1) does not constitute a "project" under CEQA
Guidelines Section 15378(b)(2), but rather constitutes general policy and procedure
making; (2) does not constitute a "project" under CEQA Guidelines Section 15378(b)(5)
because it has no potential for resulting in physical change to the environment, either
directly or indirectly; and (3) in the alternative, pursuant to CEQA Guidelines Section
15060(c)(2), the activity will not result in direct or reasonably foreseeable indirect physical
change in the environment, and Section 15061(b)(3), since it can be seen with certainty
that there is no possibility that this Ordinance will have a significant effect on the
environment.
SECTION 6. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, any oral or documentary testimony submitted at the
public hearing, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be
adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDMENTS TO SECTION 17.10.020 (ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS) OF CHAPTER 17.10
(ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT STANDARDS); AND SECTION 17.96.022 (ACCESSORY DWELLING
UNIT) AND SECTION 17.96.995 (JUNIOR ACCESSORY DWELLING UNIT) OF
CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
P.C. Resolution No.2022-13
Page 2
•
VERDES MUNICIPAL CODE; TO CLARIFY APPLICABILITY OF ESTABLISHED
ARCHITECTURAL STANDARDS TO STATE OF CALIFORNIA EXEMPT ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AS WELL AS TO
CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO. PLCA2022-0004)." in the
form attached to this Resolution As Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 23rd day of August, 2022.
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI,
SANTAROSA, AND CHAIR HAMILL
NOES: VICE CHAIR CHURA
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
/1/\A/
Julie : SII r
Chair!:
/ :
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
P.C. Resolution No.2022-13
Page 3
EXHIBIT "A"
DRAFT ORDINANCE NO. _
e
P.C. Resolution No.2022-13
Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDMENTS TO SECTION 17.10.020 (ACCESSORY DWELLING
UNIT AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS) OF CHAPTER 17.10 (ACCESSORY DWELLING UNIT
AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS); AND SECTION 17.96.022 (ACCESSORY DWELLING
UNIT) AND SECTION 17.96.995 (JUNIOR ACCESSORY DWELLING
UNIT) OF CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE; TO CLARIFY
APPLICABILITY OF ESTABLISHED ARCHITECTURAL STANDARDS
TO STATE OF CALIFORNIA EXEMPT ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AS WELL AS
TO CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO.
PLCA2022-0004).
WHEREAS, on October 9, 2019, Governor Newsom signed into law Assembly Bill
No. 881 (AB 881) to facilitate housing development by creating exemptions for the
development of certain accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on January 19, 2021, the City Council adopted Ordinance No. 640,
adding Chapter 17.10 (Accessory dwelling unit and junior accessory dwelling unit
development standards) to the Rancho Palos Verdes Municipal Code (RPVMC), thereby
establishing standards for the development and maintenance of accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, the City Council finds that allowing accessory dwelling units and junior
accessory dwelling units under 800 ft2 (garage included) and less than 16 feet in height
to be exempt from the objective architectural standards of Section 17.10.020 (B)(6) will
promote ADU development and ensure compliance with State ADU regulations; and
WHEREAS, the City Council finds that additional amendments are necessary to
clarify certain development standards, and to clarify that ADUs and JADUs must be used
as dwellings are should be used to circumvent the City's Zoning Code; and
WHEREAS, on August 4, 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be considered by the Planning Commission on August 23, 2022, pursuant
to the requirements of the RPVMC; and
WHEREAS, on August 23, 2022, the Planning Commission conducted the public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the proposed code amendments; and
WHEREAS, on , 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
P C. Resolution No.2022-13
Page 5
proceedings to be considered by the City Council on , 2022, pursuant to the
requirements of the RPVMC; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2. Section 17.10.020 (Accessory dwelling unit and junior accessory
dwelling unit development standards) of Chapter 17.10 (Accessory dwelling unit and
junior accessory dwelling unit development standards) of Article I (Residential Districts)
of Title 17 (Zoning) is repealed and replaced with the following:
17.10.020 Accessory dwelling unit and junior accessory dwelling unit
development standards.
An accessory dwelling unit generally takes one of three forms:
• Detached: The unit is separated from the primary dwelling unit; or
• Attached: The unit is attached to the primary dwelling unit; or
• Within an Existing Space:
The unit is located within an existing primary dwelling unit or accessory
structure.
A. Number of accessory dwelling units or junior accessory dwelling units per lot.
1. For a lot with an existing or proposed single-family residence structure, no
more than one accessory dwelling unit and one junior accessory dwelling
unit are allowed.
2. For a lot with an existing multiple-family residential structure, at least one
accessory dwelling unit and/or junior accessory dwelling unit,, but no more
than a number equaling 25 percent of the existing dwelling units, rounded
down, may be allowed within the portions of the existing multiple-family
residential structure that are not used as livable space, including, but not
limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages. An accessory dwelling unit or junior accessory dwelling unit will
only be allowed if the space has been converted to a livable space and has
been granted a certificate of occupancy. In addition to any accessory
dwelling units or junior accessory dwelling units constructed within the
existing multiple-family residential structure, no more than two detached
P.C. Resolution No 2022-13
Page 6
accessory dwelling units may be allowed on a lot that has an existing
multiple-family residential structure.
B. A new accessory dwelling unit or junior accessory dwelling unit shall adhere to
the following standards.
1. The lot on which an accessory dwelling unit or junior accessory dwelling unit
is constructed shall include a proposed or existing single-family residence,
which shall be considered the primary dwelling unit, along with other
nonhabitable accessory structures, as normally allowed on such a lot.
2. A trailer or any other recreational vehicle may not be maintained as a
habitable unit including an accessory dwelling unit on a residential lot.
3. Except as otherwise required by this chapter, all accessory dwelling units or
junior accessory dwelling units 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 and setbacks.
4. The total area of floor space for a detached accessory dwelling unit shall
not exceed 850 square feet, or 1,000 square feet if the accessory dwelling
unit contains more than one bedroom. The total area of floor space for an
attached accessory dwelling unit, excluding any required garage space for
the accessory dwelling unit, shall not exceed the lesser of the following:
a. 50 percent of the primary residence's main building floor area (including
any existing primary residence garage area);
b. 850 square feet for an accessory dwelling unit with one bedroom; or
c. 1,000 square feet if the accessory dwelling unit contains more than one
bedroom.
5. Whether attached to or detached from the primary dwelling unit, a new
accessory dwelling unit, and a new junior accessory dwelling unit shall not
exceed 16 feet in height. The height of an accessory dwelling unit shall be
measured as follows, whichever is lower:
a. The preconstruction (existing) grade at the highest elevation of the
existing building pad area covered by the accessory dwelling unit, to
the ridgeline or highest point of the accessory dwelling unit, or
b. The post-construction grade where the lowest foundation or slab meets
finished grade, to the ridgeline or highest point of the accessory
dwelling unit.
6. All accessory dwelling units or junior accessory dwelling units shall comply
with the following objective architectural standards:
a. The accessory dwelling unit or junior accessory dwelling unit shall be
architecturally consistent with the primary residence, such that it
P C Resolution No 2022-13
Page 7
matches the primary residence in the use of complimentary color
palettes, exterior finishes, and matching roof pitch from all sides. 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.
b. Any garage door shall be removed from a garage or other accessory
structure that is converted to an accessory dwelling unit or junior
accessory dwelling unit, and the opening shall be treated and finished
to match the primary residence.
c. The accessory dwelling unit or junior accessory dwelling unit shall
provide privacy mitigation measures including:
i. The entrance to the accessory dwelling unit or junior
accessory dwelling unit faces away from the nearest, adjacent
property; and
ii. The accessory dwelling unit or junior accessory dwelling unit
shall have windows at or above six feet on any facades that
face any adjacent properties; and
d. A detached accessory dwelling unit shall be located behind the primary
residence, and be clearly subordinate to the primary residence in both
in height and width. If it is not legally and/or physically possible for a
detached accessory dwelling 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.
e. No entry to an accessory dwelling unit or junior accessory dwelling unit
shall be visible from the public right-of-way.
f. Detached accessory dwelling units and junior accessory dwelling units
less than 800 square feet in area and less than 16 feet in height are
exempt from the objective architectural standards of Section 17.10.020
(B)(6).
7. Exterior stairs leading to an accessory dwelling unit or junior accessory
dwelling unit located on the second level of a primary dwelling unit shall be
allowed, when compliant with all other applicable development standards.
8. The accessory dwelling unit (attached or detached) shall include at least
one full bathroom, and shall not include more than one kitchen. The
accessory dwelling unit shall also be limited to a maximum of two bedrooms.
9. The accessory dwelling unit or junior accessory dwelling unit may be located
on a lot or parcel which is served by a public sanitary sewer system. An
accessory dwelling unit or junior accessory dwelling unit proposed on a lot
or parcel that is not served by a public sanitary sewer system shall require
approval by the Los Angeles County Department of Public Health, and any
P C. Resolution No 2022-13
Page 8
other applicable agencies, of a private sewage disposal system, prior to
building and safety division permit issuance.
10. Accessory dwelling units or junior accessory dwelling units shall not be
considered to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service.
11. A minimum of one parking space, which may be enclosed, shall be provided
for the accessory dwelling unit and shall meet the minimum dimensions
stated in subsection 17.02.030(E)(5). For properties not located within a
very high fire hazard severity zone, the required parking may be located
tandem to the required parking for the primary residence. No parking spaces
are required for an accessory dwelling unit if any of the following apply:
a. The accessory dwelling unit is located within one-half mile walking
distance of a public transit stop;
b. When there is a car share designated pick-up or drop-off location within
one block of the accessory dwelling unit.
12. The primary dwelling unit and the accessory dwelling unit shall remain under
the same ownership. The accessory dwelling unit shall not be sold
separately from the primary dwelling unit.
13. An accessory dwelling unit or junior accessory dwelling unit shall not be
used as a short-term rental, in accordance with Section 17.02.026 (Short
Term Rentals and Advertisement of Short Term Rentals).
14. Except for an accessory dwelling unit within an existing space, an accessory
dwelling unit or junior accessory dwelling unit shall provide a minimum
setback of five feet from the side and rear lot lines.
15. Accessory dwelling units or junior accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the primary
residence.
16. Accessory dwelling units or junior accessory dwelling units shall not be
required to install a new or separate utility connection directly between the
accessory dwelling unit or junior accessory dwelling unit and the utility, or
to pay a related connection fee or capacity charge.
17. Accessory dwelling units or junior accessory dwelling units shall comply with
the grading standards described in Section 17.76.040 (Grading Permit),
except when proposed as part of an existing, approved structure.
18. An accessory dwelling unit or junior accessory dwelling unit shall be
prohibited on an extreme slope pursuant to Section 17.48.060 (Extreme
Slope), except when proposed as part of an existing, approved structure.
19. Roof decks shall not be permitted on a detached accessory dwelling unit.
P C. Resolution No.2022-13
Page 9
20. The exterior lighting must comply with Section 17.56.030 (Outdoor Lighting
for Residential Uses) of this code.
21. An accessory dwelling unit or junior accessory dwelling unit shall be used
solely as a dwelling. Accessory dwelling units and junior accessory dwelling
units shall not be utilized as ancillary or accessory uses, including but not
limited to, events, storage, home office, gym/workout studio, and
greenhouse.
Section 3: Section 17.96.022 (Accessory dwelling unit) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is amended to read:
17.96.022 Accessory dwelling unit.
"Accessory dwelling unit" means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more persons. It shall
be used for and include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family dwelling is situated. This definition shall
be interpreted as consistent with the definition of accessory dwelling unit found in
Government Code Section 65852.2.
Section 4. Section 17.96.995 (Junior accessory dwelling unit) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is added to read:
17.96.995 —Junior accessory dwelling unit.
"Junior accessory dwelling unit" or JADU means a residential dwelling unit no more
than 500 square feet in size and contained entirely within a single-family residence. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure. A junior accessory dwelling unit shall
include a separate entrance from the main entrance to the proposed or existing single-
family residence. No additional parking shall be required for a junior accessory dwelling
unit. This definition shall be interpreted as 'consistent with the definition of accessory
dwelling unit found in Section 17.96.022 of the RPVMC and Government Code section
65852.22.
Section 5. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
P C Resolution No 2022-13
Page 10
,
Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
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. This Ordinance shall take effect 30 days after its adoption.
P C Resolution No 2022-13
Page 11
e
PASSED, APPROVED and ADOPTED this day of ,
2 022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, 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. passed first reading on , 2022, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on , 2022, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
P.0 Resolution No 2022-13
Page 12