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
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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
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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