CC SR 20190305 01 - SFR Second Unit OrdPUBLIC HEARING
Date: March 5, 2019
Subject: Consideration and possible action of the first reading and introduction of an ordinance
amending Chapters 17.02 (Single-Family Residential (RS) Districts) and 17.10 (Second
Unit Development Standards) 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 (Case No. PLCA2018-0008)
Subject Property/Location: Citywide
1.Report of Notice Given: City Clerk
2.Declare Public Hearing Open: Mayor Duhovic
3.Request for Staff Report: Mayor Duhovic
4.Staff Report & Recommendation: Amy Seeraty, Senior Planner
5.Council Questions of Staff (factual and without bias):
6.Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7.Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic
8.Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9.Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/05/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action of first reading and introduction of an ordinance
amending Chapters 17.02 (Single-Family Residential (RS) Districts) and 17.10 (Second
Unit Development Standards) 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 (Case No. PLCA2018-0008)
RECOMMENDED COUNCIL ACTION:
(1) First reading and introduction of Ordinance No.__, AN 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.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No.__ (page A-1)
B. Planning Commission Resolution No. 2019-02 (page B-1)
C. Ordinance No. 615U (page C-1)
D. Public Correspondence (page D-1)
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BACKGROUND AND DISCUSSION:
In 1997, as part of the City’s comprehensive update to Title 17 (Zoning Code) of the
Rancho Palos Verdes Municipal Code (RPVMC), Title 17.10 (Second Unit Development
Standards) was enacted to allow second units (also known as Accessory Dwelling Units
(ADUs)) on residential zone properties, subject to specific standards consistent with
California State Government Code § 65852.2. The enacted standards are to 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. Since 1997, the City has approved an average of 2 second units per
year, until recently.
On January 1, 2017, State laws (AB 2299 and SB 1069) were enacted renaming
second dwelling units as “Accessory Dwelling Units” (for continuity with the Zoning
Code this Staff Report will refer to an Accessory Dwelling Unit as a second unit)
intended to “support infill and affordable housing development.” The bills “ease and
streamline” current statewide regulations, encourage the building of second units, and
create more housing options. The bills also “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.” Overall, the bills are intended to “ease barriers” to the
construction and permitting of accessory dwelling units by local governments.
On January 1, 2018, two additional State laws (SB 229 and AB 494) were enacted
regarding second units. These laws are 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.
In response to these new laws, the Community Development Department has recently
experienced an uptick in the requests for second units. Between 2013 and 2016, 0
second units were approved; however, in 2017 the City approved 1 second dwelling unit
and in 2018 approved 2 second units. However, as of the writing of this report, there are
5 second unit applications currently in the planning process. Due to the recent
legislation, it is anticipated that these applications will continue to increase, which may
subsequently result in adverse impacts to the City’s residential neighborhoods, contrary
to the purpose of the City’s Second Unit Ordinance (Chapter 17.10) and the goals and
policies of the General Plan.
The City’s Neighborhood Compatibility finding was enacted to allow the modernization
of the aging housing stock in a manner that recognizes and respects the unique
features and characteristics of neighborhoods, thereby ensuring continued enjoyment of
the City’s quality of life. The Neighborhood Compatibility finding is administered based
on certain development triggers, to ensure that a residential project is designed in a
manner that complements the surrounding neighborhood, with an emphasis on
architectural style in order to preserve the unique characteristics and qualities of the
City. Simply put, Neighborhood Compatibility is achieved when a residential project is
2
designed in a manner that blends in with the following characteristics of the immediate
neighborhood: scale of the surrounding residences; architectural styles and building
materials; and setbacks.
Prior to the adoption of Urgency Ordinance No. 615U (discussed below), second units
only triggered the City’s Neighborhood Compatibility finding if, when combined with prior
additions cumulatively, they exceeded either 750ft2 or resulted in a 25% expansion of
the total square footage of all the original structures constructed on the property.
Second units that didn’t trigger the Neighborhood Compatibility finding were not
assessed for compatibility with the surrounding neighborhood, particularly adjacent
properties (they were only assessed for conformance with the general development
standards for the underlying residential zoning district such as height, setbacks, and lot
coverage). For example, a property owner could potentially obtain an over-the-counter
approval to construct a 750ft² second unit, provided that it met the minimum setbacks,
lot coverage, and did not exceed the 16’/20’ “by-right” building height envelope.
Moreover, over-the-counter (ministerial) approvals do not require public notification, a
project silhouette, and are not appealable in accordance RPVMC §17.70.030. In other
words, prior to the Urgency Ordinance, a property owner could construct a 16’ tall “box-
style” second unit with little to no articulation that is incompatible with the primary home
on the same site, as well as other structures in the neighborhood without any
discretionary review. To permanently address this issue, the Planning Commission
recommends amending Chapters 17.02 and 17.10 of the Zoning Code related to the
second units.
On November 17, 2018, the City Council initiated zoning code text amendment
proceedings for a comprehensive update to Title 17 (Zoning Code) of the RPVMC and
the Zoning Map. As the proposed changes are to certain sections of the Zoning Code, a
separate initiation request was not required.
On January 15, 2019, the City Council adopted Urgency Ordinance No. 615U (see
Attachment B) amending Chapters 17.02 and 17.10 of the RPVMC as it relates to
second units. The Council determined that in light of new State laws and the pending
applications being considered, the development of second units without some degree of
discretionary review could adversely impact the character of certain residential
neighborhoods, and could constitute a threat to the health, safety, and welfare of the
community. Although the Urgency Ordinance language became effective immediately
after that meeting, it is recommended that a regular, identical ordinance also be
adopted. This process requires that the Planning Commission review the proposed
code language and forward a recommendation to the City Council for its consideration.
Accordingly, on January 22, 2019, the Planning Commission, at a duly noticed public
hearing and after considering all testimony, adopted P.C. Resolution No. 2019-02
(Attachment A), recommending that the City Council adopt a text amendment 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 throughout the City.
3
The Planning Commission recommended the proposed ordinance without deviating
from the language of Ordinance 615U.
Proposed Code Amendments
The proposed text amendment (Attachment C) does not differ from the amendment
adopted by Ordinance 615U, and would require Neighborhood Compatibility review for
second units over 12’ in height, clarify the trigger that requires the Neighborhood
Compatibility finding for structures over 16’ in height, and correct terms to be consistent
with the definitions in §17.96 of the RPVMC. The proposed amendments to Title 17 are
shown below (deleted text in strikethrough and new text in bold/underline) and in the
attached Ordinance (Attachment B):
Neighborhood Compatibility Triggers, specifically RPVMC §17.02.030(B)(1)(a), (b), (d),
(c), and (e), would be amended as follows:
a. A new primary dwelling unit residence that is proposed to be developed on
a vacant lot.
b. A new primary dwelling unit residence that is proposed to replace an
existing residence.
c. An existing primary dwelling unit residence 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 single-family residenceprimary 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 main
residenceprimary dwelling unit, the garage, and all detached structures;
The proposed text is intended to clarify that this trigger applies only to the “primary”
dwelling unit as defined in §17.96.2150 of the RPVMC.
e. The construction of, or an addition to, a new second story or higher story; a
structure exceeding 16 feet in height and requiring a Height Variation
Permit pursuant to Chapter 17.02.040 (Single Family Residential (RS)
Districts View Preservation and Restoration). of the development code
This section is intended to clarify that the trigger for the Neighborhood Compatibility
finding is required for structures over 16’ consistent with the Height Variation findings.
4
As currently written, the trigger is based on a “second or higher story,” but in 2004, the
City Council amended the Code by deleting any references to the number of stories
because the review process of the Neighborhood Compatibility finding is based on
height. This is because the City does not regulate the interiors of a structure but rather
the exterior appearance. This change would be consistent with other sections of the
Code that was adopted by the City Council in 2004 and is considered a “clean -up” item.
The following Neighborhood Compatibility Trigger, proposed as RPVMC
§17.02.030(B)(1)(i), would be added as follows:
i. The construction of, or addition to, a second unit over 12 feet in height,
as measured pursuant to Chapter 17.10.020 (Second Unit Development
Standards).
This new section creates a trigger for the Neighborhood Compatibility finding for second
units that exceed 12’ in height. RPVMC § 17.10.020(E) currently allows second units up
to 16’ in height without any discretionary review. If the proposed code language is
enacted, second units exceeding 12’ in height will require the discretionary review
(Director Level) of the Neighborhood Compatibility finding, which among other things,
requires public notification (500’ radius), installation of a project silhouette, and a notice
of decision that is appealable to the Planning Commission. A second unit exceeding 16’
in height would require the processing of a Height Variation.
Second Unit Development Standards, specifically, RPVMC §17.10.020(C) and (E), are
proposed 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., and in the case of second units which require
approval of a height modification permit, All second units exceeding 12 feet
in height shall comply with the nNeighborhood character Compatibility
requirements of Section Chapter 17.02.030(B) (Neighborhood
Compatibility Single Family Residential Districts).
This section is proposed to be amended to indicate that the Neighborhood Compatibility
finding will be triggered for second units that exceed 12’ in height.
E. Whether attached or detached to the primary unit, the second unit shall not
exceed sixteen 16 feet in height, unless a hHeight vVariation 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:
5
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.
This section proposes to clarify how second units are measured, which is consistent
with the way primary structures are measured, and that a Height Variation is required if
the second unit exceeds 16’ in height, similar to other structures on building pad lots.
The Planning Commission concluded that the proposed code amendments described
above are not in conflict with any of the recent state provisions in terms of requiring the
Neighborhood Compatibility finding for second units exceeding 12’ in height.
Public Notice
On February 14, 2019, a public notice was published in the Palos Verdes Peninsula
News, announcing that the City Council will consider an Ordinance to amend Chapters
17.02 and 17.10 of the RPVMC as it relates to second units at its March 5, 2019,
meeting.
Public Correspondence
After the Planning Commission meeting, Staff received one email (Attachment D) from a
resident, which contains information about second unit ordinances adopted by other
nearby cities, and some suggestions for an updated Second Unit Ordinance for the City.
These suggestions include, among other things, basing the second unit square footage
on the lot size, requiring larger setbacks for second units, prohibiting multiple-story
second units, and precluding construction of second units in neighborhoods with only
one ingress/egress that are also in very High Fire Hazard Severity Zones. The resident
stated that cities seem to be migrating their neighborhood compatibility guidelines
directly into their code so that basic neighborhood compatibility can be enforced with
“over-the-counter” (non-discretionary) permits. The proposed Planning Commission-
recommended changes to the second unit sections of the Code are very minor and are
not intended as an update. However, should the City move forward with a major update
to its second unit ordinance, Staff will consider these suggestions at that time.
Environmental Assessment
The proposed text amendment to Chapters 17.02 and 17.10 of the RPVMC are 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 code language is an action that does not have the
potential to cause significant effects on the environment, because it only clarifies and
6
updates the triggers for Neighborhood Compatibility review, which does not have a
significant impact on the environment.
ALTERNATIVES
In addition to the Planning Commission’s recommendation, the following alternate
actions are available for the City Council’s consideration:
1. Provide Staff with further direction for consideration at the March 19, 2019,
City Council meeting.
2. Take no action.
7
ORDINANCE NO. __
AN 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
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 Co de) 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
A-1
Ordinance No. ___
Page 2 of 5
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 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.
A-2
Ordinance No. ___
Page 3 of 5
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 prio r
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 no t
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
A-3
Ordinance No. ___
Page 4 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 unconstituti onal 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 on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this 5th day of March, 2019.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
A-4
Ordinance No. ___
Page 5 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. passed first reading on____________, 2019, was
duly adopted by the City Council of said City at a regular meeting thereof held on
________, 2019, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
A-5
P.C. RESOLUTION NO. 2019-02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES
RECOMMENDING TO THE CITY COUNCIL THAT AN
ORDINANCE BE ADOPTED 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 (CASE NO. PLCA2018-0008).
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 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 by making certain changes to Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code; 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,
P.C. Resolution No. 2019-02
Page 1 of 4 B-1
WHEREAS, on January 3, 2019, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the Planning
Commission on January 22, 2019; and
WHEREAS, on January 22, 2019, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES AND RESOLVES AS
FOLLOWS:
Section 1: The Planning Commission finds that the facts set forth in the recitals
of this Resolution are true and correct and incorporated herein by reference as though
set forth in full.
Section 2: The Planning Commission has reviewed and considered the
proposed code amendments to 17.02 (Single-Family Residential (RS) Districts) and 17.10
Second Unit Development Standards) of Title 17 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.
Section 3: The Planning Commission finds that the amendments to Title 17 are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that
they uphold, and not hinder, the goals and policies of those plans.
Section 4: 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 to the City Council
that, in order to address the growing concerns regarding the aesthetic effect of second
units on neighborhoods, an Ordinance be adopted entitled, "AN 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 TRIGGERS
REQUIRING THE NEIGHBORHOOD COMPATIBILITY FINDING" in the form attached to
this Resolution as Exhibit "A".
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.
P.C. Resolution N o. 2019-02
Page 2 of 4 B-2
PASSED, APPROVED, AND ADOPTED this 22nd day of January 2019, by the following
vote:
AYES: COMMISSIONERS NELSON, SAADATNEJADI, PERESTAM, VICE-
CHAIRMAN BRADLEY, AND CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER LEON
24(1 2;Ls'
William J. me
dlr.° .._
Chairman
Arr"'""7". , AICP
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-02
Page 3 of 4 B-3
EXHIBIT "A"
DRAFT ORDINANCE NO.
Please see attached.
P.C. Resolution No. 2019-02
Page 4 of 4 B-4
ORDINANCE NO.
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 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, on November 17, 2018, the City Council authorized the initiation of a
code amendment proceedings for a comprehensive update to Title 17ofZoningCode)
the RPVMC; and,
WHEREAS, on January 3, 2019, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the Planning
Commission on January 22, 2019; and,
B-5
WHEREAS, on January 15, 2019, the City Council adopted Urgency Ordinance
No. 615U, to amend 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; 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 2019, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the City Council on
2019; and
WHEREAS, on 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.
Ordinance No.
Page 2 of 6
B-6
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, 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:
Ordinance No.
Page 3 of 6
B-7
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.
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 on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this day of 2019.
Mayor
Ordinance No.
Page 4 of 6
B-8
Attest:
City Clerk
STATE OF CALIFORNIA
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. passed first reading on 2019, was duly
adopted by the City Council of said City at a regular meeting thereof held on
2019, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Emily Colborn, City Clerk
Ordinance No.
Page 5 of 6
B-9
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
C-1
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
C-2
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
C-3
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
C-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
C-5
1
Amy Seeraty
From:Amy Seeraty
Sent:Thursday, January 24, 2019 3:51 PM
To:'dchura7734@aol.com'
Cc:'pc@rpvca.gov'; Ara Mihranian
Subject:RE: Planning Commission Meeting 1/22/19, ADU Information
Hello David-
Thank you for your comments.
Sincerely,
Amy Seeraty
Senior Planner
City of Rancho Palos Verdes
Community Development Department
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
www.rpvca.gov
amys@rpvca.gov - (310) 544-5231
From: dchura7734@aol.com [mailto:dchura7734@aol.com]
Sent: Wednesday, January 23, 2019 8:46 PM
To: Amy Seeraty <AmyS@rpvca.gov>
Subject: Fwd: Planning Commission Meeting 1/22/19, ADU Information
Amy - see my email below. I'm sorry, I mistyped your email address. If you reply, you might add everyone else back
in. Sorry!
-dave
-----Original Message-----
From: dchura7734 <dchura7734@aol.com>
To: pc <pc@rpvca.gov>; aram <aram@rpvca.gov>; amys <amys@rpvca.go>
Sent: Wed, Jan 23, 2019 8:43 pm
Subject: Planning Commission Meeting 1/22/19, ADU Information
All - this is Dave Chura, I was at the Planning Commission meeting on 1/22/19. Thank you again for your effort supporting the code
amendments regarding Second Units/ADUs.
As there was discussion regarding the state law on ADUs, I thought I would pass on to you the information the La Cresta HOA sent to
the City Council and others last year, based upon public research done on ADU ordnances developed to meet the state law.
Below are links to new ADU ordinances signed and approved by city councils of cities nearby, all of which have been submitted to the
state in response to the new state law. This information is published on the state web site. Only about one third of the 560 municipalities
in California have submitted new ordnances as of Nov 2018. These new ordinances may still be subject to review and modification by
the state, but they do represent a proactive position taken by nearby cities and their councils.
A significant take away from this list is this: there has been a wide diversity of ADU ordinances created, indicating that these cities are
asserting some local control.
I encourage you to read them, as they are generally short... but if not here are a number of interesting items:
- some have a graduated scale of ADU square footage, based upon the lot size - larger lots allow larger ADUs. Rolling Hills seems to
preclude any ADU on a lot less than 1 acre in size (with exception to converting existing structures)
- some have height limitations and larger setbacks, sometimes much larger (e.g. 20 ft, or in one case 200 ft from public land)
- some preclude multiple stories
D-1
2
- at least one precludes ADU construction in neighborhoods with only one ingress/egress that are also in very high fire hazard zones
(essentially all of RPV is very high fire hazard zone)
An interpretation I have is this: because the state is mandating over-the-counter approval of ADUs, cities seem to be migrating their
neighborhood compatibility guidelines directly into their code so that basic neighborhood compatibility can be enforced over the counter.
For example, some of the other city ordinances now directly say that the roof pitch of an ADU must match that of the main building. So,
if someone proposes an ADU with a flat roof, it could be denied at the counter and a discretionary review or appeal could be used to
approve the flat roof. This doesn't preclude flat roofs, and doesn't preclude ADUs, but puts the responsibility on the project to justify
why it should look differently than the main building. It also lets everyone know in advance that the roof pitch must match, so likely no
one at the counter would ever need to make a denial.
I don't pretend to know what RPV should adopt, however there are examples to draw upon. Here is the (partial) list. This is the city
council vote, followed by the city name, followed by the link to the new ordinances, as submitted to the state.
9-0 Long Beach: http://www.hcd.ca.gov/policy-research/docs/ordinances/long-beach-02-26-2018.pdf
4-1 Hermosa Beach: http://www.hcd.ca.gov/policy-research/docs/ordinances/Hermosa-Beach-10-31-2018.pdf
5-0 Lomita http://www.hcd.ca.gov/policy-research/docs/ordinances/lomita-3-28-2018.pdf
4-0 (one absent) Rolling Hills http://www.hcd.ca.gov/policy-research/docs/ordinances/rolling-hills-03-14-2018.pdf
7-0 Torrance http://www.hcd.ca.gov/policy-research/docs/ordinances/torrance-05-16-2017.pdf
8-0 Pasadena http://www.hcd.ca.gov/policy-research/docs/ordinances/Pasadena-03-13-2017.pdf
7-0 Newport Beach http://www.hcd.ca.gov/policy-research/docs/ordinances/Newport-Beach-09-11-2017.pdf
4-0 La Canada-Flintridge http://www.hcd.ca.gov/policy-research/docs/ordinances/la-canada-flintridge-11-28-2017.pdf
3-2 El Segundo http://www.hcd.ca.gov/policy-research/docs/ordinances/El-Segundo-07-17-2017.pdf
Sincerely,
Dave Chura
6847 Vallon Drive
RPV, CA 90275
D-2