CC SR 20191001 03 - ADU Code Update
PUBLIC HEARING
Date: October 1, 2019
Subject:
Consideration and possible action for first reading and introduction of an ordinance amending
Chapters 8.24 (Property Maintenance), 17.02 (Single-Family Residential (RS) Districts), 17.04
(Multiple-Family Residential (RM) Districts), and 17.96 (Definitions), and repealing and replacing
Chapter 17.10 (Second Units) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to
update the development standards for second units. (Case No. PLCA2019-0006)
Recommendation:
First reading and introduction of Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO
VERDES AMENDING CHAPTERS 8.24 (PROPERTY MAINTENANCE), 17.02 (SINGLE-FAMILY (RS)
DISTRICTS), 17.04 (MULTIPLE-FAMILY RESIDENTIAL (RM) DISTRICTS), AND 17.96 (DEFINITIONS),
AND REPEALING AND REPLACING CHAPTER 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING ACCESSORY
DWELLING UNITS.
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.
Cover
Page
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/01/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action for first reading and introduction of an ordinance
amending Chapters 8.24 (Property Maintenance), 17.02 (Single-Family Residential (RS)
Districts), 17.04 (Multiple-Family Residential (RM) Districts), and 17.96 (Definitions), and
repealing and replacing Chapter 17.10 (Second Units) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code to update the development standards for second units.
(Case No. PLCA2019-0006)
RECOMMENDED COUNCIL ACTION:
(1) First reading and introduction of Ordinance No.__, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 8.24
(PROPERTY MAINTENANCE), 17.02 (SINGLE-FAMILY RESIDENTIAL (RS)
DISTRICTS), 17.04 (MULTIPLE-FAMILY RESIDENTIAL (RM) DISTRICTS), AND
17.96 (DEFINITIONS), AND REPEALING AND REPLACING CHAPTER 17.10
(SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS.
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. Draft Ordinance with Strikeouts and Bold/Underlines (page B-1)
C. Planning Commission Resolution No. 2019-22 (page C-1)
D. California State Code Section 65852.2 (page D-1)
E. Chapter 17.10 of the RPVMC (Second Units Development Standards) (page
E-1)
F. 2018 Accessory Dwelling Unit Memorandum prepared by the California
Department of Housing and Community Development (page F-1)
G. Public Correspondence (page G-1)
To view the August 13 and July 9, 2019 Planning Commission Staff Reports click on the
following link:
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http://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3473
BACKGROUND AND DISCUSSION:
On September 28, 2016, then-Governor Jerry Brown signed Assembly Bill 2299 and
Senate Bill 1069, which renamed ”second units” as “accessory dwelling units” (ADUs)
and required cities to update their zoning codes relating to the permitting of ADUs no
later than January 1, 2017. These bills amended Government Code Section 65852.2
to establish detailed standards regulating ADUs and to provide that a city ordinance
that does not comply with these standards could be invalidated.
The intent of these bills was to “support infill and affordable housing development.”
The bills proposed to “ease and streamline” current statewide regulations, encourage
the building of ADUs, and create more housing options. The bills also intended to
“improve and incentivize the creation of ADUs as ways to create more rental property
and incomes for families to stay in their current homes.” Overall, the bills were
intended to “ease barriers” to the construction and permitting of ADUs by local
governments.
In December 2016, Staff presented the City Council an urgency ordinance and code
amendment initiation request to amend the City’s standards for second units based on
these new state requirements. The City’s Zoning Code already allowed second units
subject to certain development standards and permitting processes (Attachment E).
However, the City Council expressed a concern with the state requirements eroding local
control and opted not to proceed with Staff’s recommendation at the time and to explore
legally challenging these new laws.
On October 8, 2017, then-Governor Brown approved Senate Bill 229 and Assembly Bill
494, which clarified provisions contained in the ADU laws passed the prior year (AB
2229 and SB 1069).
On June 18, 2019, the City Council initiated code amendment proceedings to consider
amending Chapter 17.10 (Second Units) and 17.96 (Definitions) of Title 17 (Zoning) to
update the development standards for Second Units. This process required that the
Planning Commission review the proposed code language and forward a
recommendation to the City Council for its consideration.
Accordingly, after considering all testimony at a duly-noticed public hearing on July 9,
2019 and August 23, 2019, the Planning Commission adopted P.C. Resolution No. 2019-
22 (Attachment C), recommending that the City Council adopt an ordinance amending
Chapters 17.02 (Single-Family Residential (RS) Districts), 17.04 (Multiple-Family
Residential (RM) Districts), and 17.96 (Definitions), and repealing and replacing Chapter
17.10 (Second Units) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to
update the development standards for ADUs. It should be noted that although
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amendments to Chapter 8.24 (Property Maintenance) are included in this current
recommendation, it did not require Planning Commission review since it is not part of Title
17. Additionally, since the Planning Commission’s review, Staff has made some clarifying
changes to proposed code language,
Summary of Proposed Code Amendments
RPVMC Chapter 17.10 currently allows second dwelling units (now referred to as ADUs)
within the City’s single-family (RS) and multi-family (RM) residential zoning districts
subject to certain development standards, which is partly consistent with current state
law. In accordance with state law, the RPVMC, under the proposed amendments,
considers ADUs a dwelling unit with complete independent living facilities for one or more
persons and generally takes 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.
To assist in understanding the state laws regarding ADU’s, attached is the 2018
Accessory Dwelling Unit Memorandum prepared by the California Department of Housing
and Community Development (Attachment F). Although no longer completely up-to-date,
it provides a helpful summary of the salient changes to accessory dwelling unit laws over
the past few years, as well as responses to frequently asked questions. In order to
achieve full consistency with state laws pertaining to ADUs, amendments to the RPVMC
are required, as recommended by the Planning Commission and summarized below.
Rename “Second Unit” in Chapters 8.24, 17.02, 17.10 and 17.96 as “Accessory
Dwelling Unit”
AB 2299 and SB 1069 renamed second units as “accessory dwelling units”. The
City’s Code still refers to ADUs as second units. The term second unit is proposed
to be replaced with accessory dwelling unit (ADU) throughout Title 17 for
consistency with state law. Additionally, the existing definition for second unit
(Section 17.96.2160 - Unit, second) is proposed to be deleted and a new definition
for ADU, consistent with State Code Section 65852.2, will be added. References
to second unit in several other definitions will be updated to “accessory dwelling
units” as well.
Allow one ADU per single-family residential lot which contains a single-family
dwelling with a Minor Site Plan Review Permit, subject to certain criteria.
Currently, a proposal for an ADU would require a Major Site Plan Review that,
depending on the scope of the proposal, requires at least 7 days to several
months to process. A new, state-required, over-the-counter ministerial approval
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would be established for ADUs that are to be constructed as a new or detached
unit that is less than 12’ in height and do not exceed the square footage triggers
for Neighborhood Compatibility. Additionally, a ministerial approval would apply
to ADUs proposed within the existing space of a single-family residence or
accessory structure, including, but not limited to, a studio, pool house, or other
similar structure; have independent exterior access from the existing residence;
and have side and rear setbacks that are sufficient for fire safety. At least one
enclosed parking would still be required for ADUs in the City‘s designated “Very
High Fire Hazard Severity Zone”, as this requirement will allow a greater distance
between structures to be maintained to m inimize the spread of fire, and prevent
tandem parking that may block egress in case of fire.
ADUs that exceed 12’ in height up to 16’ in height would require the Neighborhood
Compatibility analysis, and ADUs exceeding 16’ in height would require a Height
Variation permit. Both of these processes are discretionary.
Update the maximum allowed floor area for attached ADUs.
The existing Code limits the maximum floor area for an attached ADU, excluding
any required garage space, to 30% of the primary residence. The proposed code
amendment, consistent with state law, would potentially increase the maximum
allowed floor space for the attached ADU to 50% of the primary residence’s main
building floor area or 1,200ft², whichever area is less.
Clarify that ADUs will not be required to install a new or separate utility (i.e. water,
sewer, electric, gas, etc.) connection directly between the ADU and the utility, or
to pay a related connection fee or capacity charge.
This is proposed new language consistent with the state’s requirements.
Provide exemptions to the parking requirement for some ADUs, most notably that
no additional parking is required for attached ADUs under certain circumstances.
Currently, the Code requires that each ADU must provide an additional enclosed
parking space, which is not tandem to, or blocks the access of, the parking areas
for the primary residence, and the enclosed parking space may no t be located in
any setback areas. The proposed code amendment would still require an enclosed
parking space if located within the City’s “Very High Fire Hazard Severity Zone,”
while tandem enclosed spaces would be allowed in areas not designated as a
“Very High Fire Hazard Severity Zone” to satisfy the required ADU parking
requirement. Accordingly, a new definition for tandem parking is proposed to be
added in Chapter 17.96 – Definitions.
For the conversion of garages to ADUs, the replacement parking spaces would be
required to be enclosed, unless the lot is in an area not designated as a “Very High
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Fire Hazard Severity Zone.” In these cases, the replacement spaces could be in
any configuration, such as, but not limited to, covered spaces, uncovered spaces,
tandem spaces, or mechanical automobile parking lifts.
No parking spaces are required for an ADU 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.
Eliminate the requirement for ADUs on the second level of a primary residence to
share the same entrance/exit as the primary residence.
The Code currently requires that an ADU located on the second level of a primary
residence share the same entrance/exit as the primary dwelling unit and prohibits
exterior stairs leading directly to the ADU. The proposed amendments would state
that a shared entrance/exit is no longer required, and exterior stairs to access the
ADU would be allowed.
Provide that an ADU above a garage maintains minimum side- and rear-yard
setbacks of 5’.
The current Code requires that any new construction or addition of an ADU
complies with the minimum required 5’ side and 15’ rear setbacks, unless the City’s
neighborhood compatibility assessment, if triggered, require s larger setbacks. The
proposed code amendment would now allow an ADU placed on top of an existing
garage to maintain 5’ side and 5’ rear setbacks. Pursuant to RPVMC Section
17.10.020(C), all second units exceeding 12 ’ in height must comply with the
Neighborhood Compatibility requirements. However, consistent with new state
law, these 5’ setbacks would be deemed compatible with neighborhood character
for ADUs constructed atop existing garages .
Add a 120-day time limit for approval of certain ADUs.
The City will be required to process and render a decision on ADUs that meet all
applicable standards described in this RPVMC as ministerially with a Site Plan
Review within 120 days after receiving the application. Proposals that trigger
Neighborhood Compatibility (exceeding 12’ in height or adding more than 25% or
750 square feet, cumulatively, to the original house and garage square footage ) or
Height Variation (16’ in height or taller) will continue to be processed under the
Permit Streamlining Act.
Prohibit ADUs from being used as short-term rentals.
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This state requirement is consistent with the City’s prohibition of short-term rentals
in the City’s single- and multi-family zoning districts.
Allow ADUs in Multiple-Family (RM) zoning districts
State law allows a City to create an ordinance which allows ADUs in single-family
or multiple-family zoning districts. The City proposes to amend Section
17.04.020(A) of the RPVMC to expressly allow ADUs in the RM zoning districts.
This is primarily because there are a few examples of single-family homes located
in the City’s multiple-family zoning districts (i.e. Peacock Ridge Road).
Proposed Code Amendment Language
A clean version (with no track changes) of the proposed code amendment language is
attached as the draft ordinance (Attachment A). The proposed amendments to Title 17
with deleted text in strikethrough and new text in bold/underline are shown in
Attachment B.
ADDITIONAL INFORMATION
Regional Housing Needs Allocation (RHNA) Requirements
The City is subject to the Regional Housing Needs Allocation (RHNA) mandated by state
housing law as part of the periodic process of updating local jurisdictions’ general plan
housing elements. The RHNA quantifies the need for housing within each jurisdiction
during specified planning periods. ADUs may qualify toward meeting the City’s
affordable housing requirements if the ADU meets certain rental market rate levels (very
low, low, moderate, etc.). Thus, amending the City’s development standards for ADUs
to comply with state law could put the City in a better position to meet its state-allocated
RHNA numbers for the current and future cycles.
Junior Accessory Dwelling Units
Assembly Bill 2406 added Government Code Section 65852.22, which also allows a
local agency the option to permit Junior Accessory Dwelling Units (JADUs), which
provide a lower cost option for a homeowner to create a smaller ADU within their existing
home, subject to certain requirements. These units share central systems, re quire no
fire separation, and have a basic kitchen. They present no additional stress on utility
services or infrastructure because they simply repurpose spare bedrooms that do not
expand the home’s occupancy. No additional address is required on the prope rty
because an interior connection to the primary dwelling unit remains. In reviewing the
draft ADU ordinance, the Planning Commission recommends that a JADU not be codified
at this time because of its potential impacts to the character of a neighborhood. If the City
Council wishes to allow JADUs, the following provisions may be added to the attached
ordinance:
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17.10.030 – Junior Accessory Dwelling Units
A. A junior accessory dwelling unit is a secondary dwelling unit with partial living facilities
for one or more persons within the interior of an existing structure. A junior accessory
dwelling unit shall adhere to the following standards:
1. Junior accessory dwelling units shall be limited to one per lot within any RS zoning
district developed with a single-family residence.
2. Owner-occupancy in the single-family residence in which the junior accessory
dwelling unit will be located is mandatory. The owner may reside in either the
remaining portion of the structure or the newly created junior accessory dwelling
unit. Owner-occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
3. The total area of floor space for a junior accessory dwelling unit shall not exceed
500 square feet.
4. The primary dwelling unit and the junior accessory dwelling unit shall remain under
the same ownership. The junior accessory dwelling unit shall not be sold separately
from the primary dwelling unit.
5. A junior accessory dwelling unit must be constructed within the existing walls of
the structure, and require the inclusion of a bedroom.
6. The junior accessory dwelling unit shall include a separate entrance from the main
entrance to the structure, with an interior entry to the main living area. A permitted
junior accessory dwelling unit may include a second interior doorway for sound
attenuation.
7. The junior accessory dwelling unit shall include an efficiency ki tchen, which shall
include all of the following:
a. A sink with a maximum waste line diameter of 1.5 inches.
b. A cooking facility with appliances that do not require electrical service greater
than 120 volts, or natural or propane gas.
c. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
B. No additional parking shall be required for a junior accessory dwelling unit.
C. The City may require an inspection of the junior accessory dwelling unit, including the
imposition of a fee adopted by City Council resolution for that inspection, to determine
whether the junior accessory dwelling unit is in compliance with applicable building
standards.
D. For the purposes of any fire or life protection ordinance or regulation, a junior accessory
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dwelling unit shall not be considered a separate or new dwelling unit.
E. For the purposes of providing service for water, sewer, or power, including a connection
fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling
unit.
F. This section shall not be construed to prohibit the City from requiring parking or a
service or a connection fee for water, sewer, or power, that applies to a single -family
residence that contains a junior accessory dwelling unit, so long as those requirements
apply uniformly to all single-family residences regardless of whether the single-family
residence includes a junior accessory dwelling unit.
Public Notice
On September 12, 2019, a public notice was published in the Palos Verdes Peninsula
News, announcing that the City Council would consider an ADU Ordinance at its
October 1, 2019, meeting. As of the date that this report was completed, Staff had
received one phone call and two emails with general inquiries regarding what the City’s
current ADU ordinance allows, and what changes are proposed (Attachment G).
Staff also received a comment letter from a resident suggesting, and Staff agrees, that
the following two items need to be clarified: 1) That the 16’ height limit applies to the
overall height when an ADU is placed above an existing structure ; and, 2) That the
development requirements listed in the proposed Section 17.10.020(A)(3) are
calculated cumulatively with the main residence and other structures on the property.
Staff has incorporated these clarifying text changes in the attached ordinance.
Pending Legislative Bills Pertaining to Accessory Dwelling Units
At the end of the recent legislative session, several bills were sent to Governor Newsom
that may affect the ADU requirements. The governor may take action on some or all of
these bills by the date of the City Council’s public hearing in this matter. These bills also
contain some conflicting provisions that are likely to require additional legislation to
resolve. This, in turn, may require the City to make additional modifications to its ADU
Ordinance in the near future. These bills include and are summarized as:
Assembly Bill 68 – Accessory Dwelling Units
Assembly Bill (AB) 68 (Ting) would authorize a local agency, by ordinance, to ministerially
approve ADUs in single-family and multi-family residential zones without imposing lot
coverage and minimum lot size requirements. Furthermore, AB 68 would a llow, among
other things, accessory dwelling units up to 16’ in height with 4’ side and rear yard
setbacks, and would require the local agency to render a decision within 60 days after
receiving a complete application.
Senate Bill 13 – Accessory Dwelling Units
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Senate Bill (SB) 13 (Wieckowski) proposes to authorize a local agency, by ordinance, to
ministerially approve ADUs in single-family and multi-family residential zones. It also
proposes to require cities to send ordinances to the Department of Housing and
Community Development (HCD) for review, and if found non-compliant, the city would
have to fix the issue or risk being reported to the Attorney General. SB 13 would also
prohibit a local agency from requiring the replacement of parking spaces if a garage,
carport, or covered parking is demolished to construct an ADU. Additionally, SB 13 would
prohibit a local agency from requiring owner occupancy of either the primary unit or the
ADU, and would reduce the processing time to ministerially approve a completed
application to 60 days, from the current 120 days. It would also prohibit a local agency
from imposing parking standards on an ADU that is located within one-half mile walking
distance of public transit, and would define the term “public transit” for those purposes.
Assembly Bill 881 – Accessory Dwelling Units
Assembly Bill (AB) 881 (Bloom) proposes to delete the provision authorizing the
imposition of standards on lot coverage and would prohibit an ordinance from imposing
requirements on minimum lot size. Among other things, AB 881 would also prohibit a
setback requirement for an existing living area or accessory structure or a structure
constructed in the same location and to the same dimensions as an existing structure that
is converted to an ADU or to a portion of an ADU. AB 881 would require a setback of no
more than 4 feet, versus the current 5 feet, for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same location
and to the same dimensions as an existing structure.
AB 881 would authorize the permitting agency to delay acting on the permit application
if the ADU application is submitted with an application for a new single-family or
multifamily dwelling on the lot. It would also prohibit a local agency from imposing an
owner occupant requirement until January 1, 2025.
AB 881 would revise the definition of an ADU to specify that an accessory dwelling unit
must be located on a lot with a proposed or existing primary residence.
Environmental Assessment
The proposed amendments to RPVMC Chapters 8.24, 17.02, 17.04, and 17.96 and the
repeal and replacement of RPVMC Chapter 17.10 are exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 21080 because they consist only
of minor revisions and clarifications to an existing zoning code to align with state law 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 ha ve the potential to
cause significant effects on the environment, because it only updates the code sections
for accessory dwelling units to be consistent with state law, which does not have a
significant impact on the environment.
ALTERNATIVES
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In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to take no action at this time, thereby continuing to risk possible legal
challenges that may invalidate the City’s current Second Dwelling Unit Ordinance
and its Housing Element.
2. Direct Staff to modify the Ordinance language recommended by the Planning
Commission and return to the Council at a date certain future meeting for a new
1st reading and introduction.
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01203.0005/571495.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING CHAPTERS 8.24 (PROPERTY
MAINTENANCE), 17.02 (SINGLE-FAMILY RESIDENTIAL (RS)
DISTRICTS), 17.04 (MULTIPLE-FAMILY RESIDENTIAL (RM)
DISTRICTS), AND 17.96 (DEFINITIONS), AND REPEALING AND
REPLACING CHAPTER 17.10 (SECOND UNIT DEVELOPMENT
STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, REGARDING ACCESSORY
DWELLING UNITS.
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates second unit development; and,
WHEREAS, starting in September of 2016, the California Legislature passed a
number of bills that amended Section 65852.2 of the Government Code, renaming
second units as “Accessory Dwelling Units” or “ADUs,” and requiring local governments
to update their second unit ordinances to conform to the state regulations ; and,
WHEREAS, the State statute now provides detailed standards that must be enacted
to regulate Accessory Dwelling Units, among them, floor area size, pathway, and
setback requirements; and,
WHEREAS, the State statute also places limitations on the additional parking
requirements the City may require for the development of Accessory Dwelling Units, and
requires that Accessory Dwelling Units that comply with certain development standards
be subject to non-discretionary approval processes; and,
WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to amend
Title 17, Development Code, to ensure that the City’s regulation of Accessory Dwelling
Units is consistent with State law; and,
WHEREAS, most of the City of Rancho Palos Verdes is located within a Very High
Fire Hazard Severity Zone, and because of this, the City is exercising the option to require
an enclosed parking space for ADUs, and to require that replacement parking for a
garage, carport, or covered parking structure that is demolished or converted in
conjunction with the construction of an accessory dwelling unit be covered as well, with
some minimal exceptions per state law. This requirement will allow a greater distance
between structures to be maintained to minimize the spread of fire, and prevent tandem
parking that may block egress in case of fire; and,
WHEREAS, most of the City of Rancho Palos Verdes is located within a Very High
Fire Hazard Severity Zone, and because of this, the City is exercising the option to require
standard setbacks for a new ADU constructed above an existing garage, rather than the 5
foot maximum setback listed in California Code 65852.2. This requirement will allow a
greater distance between structures to be maintained to minimize the spread of fire, and
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01203.0005/571495.2
prevent tandem parking that may block egress in case of fire; and,
WHEREAS, on June 18, 2019, the City Council authorized the initiatio n of code
amendment proceedings to consider amending of Title 17 (Zoning) to update the
development standards for Second Units; and,
WHEREAS, on July 9, 2019, the Planning Commission the Planning Commission
held a duly-noticed continued public hearing, at which time all interested parties were given
an opportunity to be heard and present evidence. After hearing from Staff and the public, the
Planning Commission voted 3-2 to continue the public hearing to August 13, 2019, to allow
Staff to make further modifications to the draft ordinance; and,
WHEREAS, on August 13, 2019, the Planning Commission conducted a duly-noticed
public hearing on this Ordinance and adopted P.C. Resolution No. 2019-22, recommending
that the City Council adopt the same, and finding the project exempt from CEQA; and,
WHEREAS, on September 12, 2019, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the City Council on
October 1, 2019; and,
WHEREAS, on October 1, 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. 2019-22, written staff
reports, and any testimony provided at the public hearing; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, 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 fully herein by reference.
B. It is the intent and purpose of this Ordinance that Chapters 8.24 (Property
Maintenance), 17.02 (Single-Family Residential ((RS)) Districts), 17.04 (Multiple-
Family Residential ((RM)) Districts), and 17.96 (Definitions) are amended and that
Chapter 17.10 is repealed and replaced to update the development standards for
second dwelling units.
SECTION 2. Section 17.96.1415 (Parking, tandem) of Chapter 17.96 (Definitions)
of Article VIII (Administration) of Title 17 (Zoning) is hereby added to the Rancho Palos
Verdes Municipal Code to read:
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01203.0005/571495.2
“17.96.1415 – Parking, tandem
‘Tandem parking’ means that two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
SECTION 3. Section 17.96.1495 (Public Transit) of Chapter 17.96 (Definitions) of
Article VIII (Administration) of Title 17 (Zoning) is hereby added to the Rancho Palos
Verdes Municipal Code to read:
17.96.1495 –Public transit.
“Public transit” means a bus stop served by the Los Angeles County Metropolitan
Transportation Authority (LA Metro) or the Palos Verdes Peninsula Transit
Authority.
SECTION 4. Section 17.96.2160 (Unit, second) of Chapter 17.96 (Definitions) of
Article VIII (Administration) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code is deleted.
SECTION 5. Section 17.96.2128 (Unit, accessory dwelling) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is hereby added to the
Rancho Palos Verdes Municipal Code as follows:
“17.96.2128 – Unit, accessory dwelling.
‘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 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 6. Section 17.96.2150 (Unit, primary dwelling) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is hereby amended as
follows:
“17.96.2150 – Unit, primary dwelling
‘Primary dwelling unit’ means the principal dwelling on a residential lot, which
existing prior to the establishment of an ‘accessory dwelling unit.’”
SECTION 7. The Rancho Palos Verdes Code is amended by deleting and
replacing the term “second unit” with, “accessory dwelling unit” in Sections 8.24.060,
17.02.020, 17.04.040, 17.02.030, 17.10.010, 17.10.020, 17.10.030, 17.10.040, 17.10.050,
17.10.060, and 17.96.880.
SECTION 8. Chapter 17.04.020 (Multiple-Family Residential Districts) of Article 1
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01203.0005/571495.2
(Residential Districts) of Title 17 (Zoning) is hereby amended as follows:
A. Single-family and multiple-family residential and associated accessory structures,
including accessory dwelling units allowed pursuant to Chapter 17.10 (Accessory
Dwelling Unit Development Standards), for the residential use and occupancy of
not more than one family per dwelling unit and related recreational and community
facilities for the use of the residents of the development. All new multiple -family
developments may be permitted only with the approval of a residential planned
development permit pursuant to Chapter 17.74 (Residential Planned Development
Permit);
SECTION 9. Chapter 17.10, (Accessory Dwelling Unit Development Standards),
of Article I (Residential Districts) Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code is being repealed and replaced with the following:
Chapter 17.10 - ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
17.10.010 - Purpose.
This chapter provides standards for the development and maintenance of accessory
dwelling units, either attached to or detached from a primary dwelling unit in accordance
with California State Government Code Section 65852.2. A substantial portion of the C ity
of Rancho Palos Verdes is located in a designated “Very High Fire Hazard Severity Zone ”
(see Section 8.08.060), and this chapter ensures that accessory dwelling units are
developed and operated on adequate sites, at proper and desirable locations, and that
the goals and objectives of the General Plan are observed. An accessory dwelling unit
that conforms to the following requirements shall not be considered to exceed the
allowable density (i.e., number of dwelling units per acre) for the lot upon which it is located
and shall be deemed to be a residential use which is consistent with the exis ting General
Plan and zoning designations for the lot.
17.10.020 - Accessory Dwelling Units.
An accessory dwelling unit is a secondary dwelling unit with complete independent living
facilities for one or more persons and generally takes 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. A new attached or detached accessory dwelling unit shall adhere to the following
standards:
1. The lot on which an accessory dwelling unit is constructed shall include a proposed
or existing single-family residence, which shall be considered the primary dwelling
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01203.0005/571495.2
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 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 5 below), setbacks, and lot coverage , which shall be considered
cumulatively for all improvements .
4. The total area of floor space for a detached accessory dwelling unit shall not exceed
1,200 square feet. The total area of floor space for an attached accessory dwelling
unit, excluding any required garage space, shall not exceed 50% of the primary
residence’s main building floor area (including attached garage area) or 1,200
square feet, whichever is less.
5. Whether attached to or detached from the primary dwelling unit, the accessory
dwelling unit, including all other attached structures, shall not exceed 16 feet in
height, unless a height variation permit is granted pursuant to Section 17.02.040
(View Preservation and Restoration).
All accessory dwelling units exceeding 12 feet in height shall comply with the
neighborhood compatibility requireme nts of subsection 17.02.030 (B). 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. Exterior stairs leading to an accessory dwelling unit located on the second level of
a primary dwelling unit or detached accessory structure shall be allowed.
7. The accessory dwelling unit 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.
8. The accessory dwelling unit may be located on a lot or parcel which is served by
a public sanitary sewer system. An 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 other applicable
agencies, of a private sewage disposal system, prior to planning approval.
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01203.0005/571495.2
Accessory dwelling units shall not be considered by a local agency, special district,
or water corporation to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service.
9. A minimum of one enclosed parking space 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 accessory dwelling unit parking may be located enclosed and
tandem to the required enclosed 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.
10. 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.
11. Either the primary dwelling unit or accessory dwelling unit shall be owner occupied
in order for the accessory dwelling unit to qualify for and maintain the right to have
an occupancy certification.
12. An 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).
13. An accessory dwelling unit above an existing garage not located within a “Very High
Fire Hazard Severity Zone” shall provide a minimum setback of 5 feet from the side
and rear lot lines.
B. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or Detached
Accessory Structure.
1. The City shall ministerially approve an application to create one accessory dwelling
unit per lot within a single-family or multi-family residential zone, if the unit is
contained within the existing space of a primary dwelling unit or detached accessory
structure, has independent exterior access from the existing dwelling unit, and the
side and rear setbacks are sufficient for fire safety.
2. If the accessory dwelling unit is contained within the existing space of a primary
dwelling unit or detached accessory structure, no parking is required to be provided
for that accessory dwelling unit.
3. Accessory dwelling units described in this section shall not be required to provide
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01203.0005/571495.2
fire sprinklers if they are not required for the primary residence.
4. No new setbacks shall be required for an existing garage, carport, or covered
parking structure that is converted to an accessory dwelling unit within the same
footprint.
5. For a garage, carport, or covered parking structure located within a designated “Very
High Fire Hazard Severity Zone” that is converted to an accessory dwelling unit, enclosed
replacement parking spaces shall be required that comply with the minimum number
of spaces and dimensions stated in subsection 17.02.030(E). For any such
conversion not located within a “Very High Fire Hazard Severity Zone”, the
replacement spaces can be located in any other configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts, without adversely impacting traffic flow and public safety.
6. Accessory dwelling units governed by this section shall not be required to install a
new or separate utility connection directly between the accessory dwelling unit and
the utility, or to pay a related connection fee or capacity charge.
7. Owner-occupancy on the lot on which the accessory dwelling unit described in this
section will be permitted is mandatory. The owner shall reside in either the primary
dwelling unit or the newly created accessory dwelling unit.
17.10.030 – Approval Process
A. Accessory dwelling units, either attached or detached, which adhere to the standards
in section 17.10.020, shall be allowed in all RS and RM districts, on lots with existing
or proposed single-family dwelling units, with ministerial approval of a Site Plan
Review by the Director. Accessory dwelling units which do not meet these standards
may be permitted in all RS and RM districts, on lots with existing or proposed single-
family dwelling units, with the granting of the applicable permits.
B. An accessory dwelling unit that meets all applicable standards described in this chapter
shall be processed ministerially within 120 days after receiving the application.
C. The filing fee for an accessory dwelling unit application shall be as established by
resolution of the city council.
17.10.040 - Use covenant and restriction.
A. Prior to the issuance of a certificate of occupancy for an approved accessory
dwelling unit, a fully-executed use covenant and restriction running with the land
shall be recorded by the City with the Los Angeles County Recorder’s Office, and
shall include all of the following:
1. Conditions of approval, and a statement that the owner agrees to all such
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01203.0005/571495.2
conditions.
2. A prohibition on the sale of the accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction shall
be enforced against future purchasers.
3. A restriction that the size and attributes of the accessory dwelling unit must
conform with this chapter.
17.10.050 - Revocation.
If the site plan review application and/or any other permit issued for the accessory dwelling
unit is revoked by the City pursuant to the provisions of Chapter 17.86 (Enforcement) of
this code, then the Director shall file notice with the Los Angeles County Recorder’s Office
that the accessory dwelling unit has been revoked and the property owner shall forthwith
convert the accessory dwelling unit to a legal structure or shall demolish such structure.
SECTION 10. 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, but rather will clarify prohibited uses of residential property in the City.
SECTION 11. 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 12. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 13. Effective Date. This Ordinance shall go into effect on the 31 st day
after its passage.
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01203.0005/571495.2
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2019.
Mayor
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
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Chapter 17.02 - SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS
Section 17.02.020(A)
A. Single-family residential buildings, mobile homes on city approved foundations,
as provided in California Government Code Sections 65852.3 and 65852.4 and
associated accessory structures for the residential use and occupancy of not
more than one family and not more than one dwelling unit per lot, with the
exception of second units accessory dwelling units approved pursuant to
Chapter 17.10 (Second Unit Accessory Dwelling Unit Development
Standards);
Section 17.02.030(B)(1)(i)
i. The construction of, or addition to, an second unit accessory dwelling unit
over 12 feet in height, as measured pursuant to Section 17.10.020
(Development StandardsAccessory Dwelling Unit Development Standards).
Section 17.02.030(E)(4)
4. In addition to the parking requirements for the primary single-family residence
on a property, parking for city-approved second units accessory dwelling
units shall be provided in accordance with Chapter 17.10 (Second Unit
Accessory Dwelling Unit Development Standards).
Chapter 17.04 - MULTIPLE-FAMILY RESIDENTIAL (RM) DISTRICTS
Section 17.04.040(F)(1)
1.With the exception of second units accessory dwelling units approved
pursuant to Chapter 17.10 (Second UnitAccessory Dwelling Unit
Development Standards), there shall be no more than one unit in any vertical
configuration, unless the planning commission and/or city council finds that
such a configuration is consistent with the city's adopted housing element of
the general plan.
Chapter 17.10 - SECOND UNIT ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS
17.10.010 - Purpose.
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This chapter provides standards for the development and maintenance of second units
accessory dwelling units, either attached to or detached from a primary dwelling
unit on residential lots in accordance with California State Government Code Section
65852.2. A substantial portion of the City of Rancho Palos Verdes is located in a
designated “Very High Fire Hazard Severity Zone” (see Section 8.08.060), and
Tthis chapter ensures that second units accessory dwelling units in residential
districts are developed and operated on adequate sites, at proper and desirable
locations, and that the goals and objectives of the gGeneral pPlan are observed. An
second unit accessory dwelling unit which that conforms to the following requirements
shall not be considered to exceed the allowable density (i.e., number of dwelling units
per acre) for the lot upon which it is located and shall be deemed to be a residential use
which is consistent with the existing gGeneral pPlan and zoning designations for the lot.
17.10.020 - Development Standards Accessory Dwelling Units.
Second unit developments which adhere to the following standards, shall be permitted
in all RS and RM districts with the approval of a site plan review application by the
director. Second unit developments which do not meet the standards of this chapter
shall be allowed in all RS and RM districts with the approval of a conditional use
permit, pursuant to Chapter 17.60 (Conditional Use Permits) and any other applicable
permits
An accessory dwelling unit is a secondary dwelling unit with complete independent
living facilities for one or more persons and generally takes 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. A new detached or attached accessory dwelling unit shall adhere to the
following standards:
A.1. The lot on which a second unit an accessory dwelling unit is constructed shall
include a proposed or existing single-family residence, which shall be considered as
the primary use and dwelling unit, along with other nonhabitable accessory structures,
as normally allowed on such a lot. The distinction between the primary unit and the
second unit shall be made by the director and that distinction shall be incorporated as
a condition of approval of the appropriate application.
B.2. A trailer, as defined in Chapter 17.96 (Definitions) or any other recreational vehicle,
may not be stored, or maintained as a habitable unit including an accessory
dwelling unit, on a residential lot.
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C.3. Except as otherwise required by this chapter, A all second units 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
(see subsection E5 below), setbacks, and lot coverage., which shall be considered
cumulatively for all improvements. All second units exceeding 12 feet in height
shall comply with the neighborhood compatibility requirements of Section
17.02.030(B).
D.4. The total area of floor space for a detached second unit accessory dwelling unit
excluding any required garage space, shall not exceed 1,200 square feet. The total area
of floor space for an attached second unit accessory dwelling unit, excluding any
required garage space, shall not exceed 30 50 percent % of the primary residence’s
main building floor area or 1,200 square feet, whichever is less.
E.5. Whether attached to or detached to from the primary dwelling unit, the second unit
accessory dwelling 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).
All accessory dwelling units exceeding 12 feet in height shall comply with the
neighborhood compatibility requirements of Section 17.02.030(B). The height
of a second unit an accessory dwelling unit shall be measured as follows,
whichever is lower:
1. 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
2. The post-construction grade where the lowest foundation or slab meets finished
grade, to the ridgeline or highest point of the structure.
F.6. Second units which are located on the second level of a primary unit shall share
the same entrance/exit as the primary unit. Exterior stairs leading to a second unit
an accessory dwelling unit located on the second level of a primary dwelling unit
or detached accessory structure shall be allowed. prohibited, unless the stairs are
leading to and/or connected to a common hallway, deck or entry, rather than a
specific room.
G.7. The second unit accessory dwelling unit shall include, in accordance with the
Uniform Building Code, at least one full bathroom and one kitchen and shall not
include any additional bathrooms or more than one kitchens. The second unit
accessory dwelling unit shall also be limited to a maximum of two bedrooms.
H.8. The second unit accessory dwelling unit shall be located on a lot or parcel which
is served by a public sanitary sewer system. An accessory dwelling unit proposed
on a lot or parcel that is not served by a public sanitary sewer system shall
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require the approval by the Los Angeles County Department of Public Health,
and any other applicable agencies, of a private sewage disposal system, prior
to planning approval. Accessory dwelling units shall not be considered by a
local agency, special district, or water corporation to be a new residential use
for the purposes of calculating connection fees or capacity charges for
utilities, including water and sewer service.
I.9. A minimum of one enclosed parking space shall be provided in an enclosed garage
on the property for the accessory dwelling unit second unit in addition to the parking
requirements described in Section 17.02.030 (Development Standards) for the primary
residence and shall meet the minimum dimensions stated in Section 17.02.030(E)(5).
Such parking area shall not be tandem to, or block the access of, the parking areas for
the primary residence. For properties not located within a “Very High Fire Hazard
Severity Zone”, the required accessory dwelling unit parking may be located
enclosed and tandem to the required enclosed 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.
J. Prior to the development of a second unit, the primary unit shall conform to the
parking standards described in Section 17.02.030 (Development Standards).
K.10. The primary dwelling unit and the second unit accessory dwelling unit shall
remain under the same ownership. The second unit accessory dwelling unit shall
not be sold separately from the primary dwelling unit.
L11. Either the primary dwelling unit or second unit accessory dwelling unit shall be
owner occupied in order for the second unit accessory dwelling unit to qualify
for and maintain the right to have an occupancy certification.
12. An 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.)
13. An accessory dwelling unit above an existing garage not located within a
“Very High Fire Hazard Severity Zone” shall provide a minimum setback of 5
feet from the side and rear lot lines.
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B. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or
Detached Accessory Structure.
1. The City shall ministerially approve an application to create one accessory
dwelling unit per lot within a single-family or multi-family residential zone,
if the unit is contained within the existing space of a primary dwelling unit
or detached accessory structure, has independent exterior access from the
existing dwelling unit, and the side and rear setbacks are sufficient for fire
safety.
2. If the accessory dwelling unit is contained within the existing space of a
primary dwelling unit or detached accessory structure, no parking is
required to be provided for that accessory dwelling unit.
3. Accessory dwelling units described in this section shall not be required to
provide fire sprinklers if they are not required for the primary residence.
4. No new setbacks shall be required for an existing garage, carport, or
covered parking structure that is converted to an accessory dwelling unit
within the same footprint.
5. For a garage, carport, or covered parking structure located within a
designated “Very High Fire Hazard Severity Zone” that is converted to an
accessory dwelling unit, enclosed replacement parking spaces shall be required
that comply with the minimum number of spaces and dimensions stated in
subsection 17.02.030(E). For any such conversion not located within a “Very
High Fire Hazard Severity Zone”, the replacement spaces can be located in
any other configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, or by the use of mechanical automobile parking lifts,
without adversely impacting traffic flow and public safety.
6. Accessory dwelling units governed by this section shall not be required to
install a new or separate utility connection directly between the accessory
dwelling unit and the utility, or to pay a related connection fee or capacity
charge.
7. Owner-occupancy on the lot on which the accessory dwelling unit described
in this section will be permitted is mandatory. The owner shall reside in either
the primary dwelling unit or the newly created accessory dwelling unit.
17.10.030 – Filing for recordApproval Process
A. Accessory dwelling units, either attached or detached, which adhere to the
standards in section 17.10.020, shall be allowed in all RS and RM districts, on
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lots with existing or proposed single-family dwelling units, with ministerial
approval of a Site Plan Review by the Director. Accessory dwelling units
which do not meet these standards may be permitted in all RS and RM
districts, on lots with existing or proposed single-family dwelling units, with
the granting of the applicable permits.
B. An accessory dwelling unit that meets all applicable standards described in
this chapter shall be processed ministerially within 120 days after receiving
the application.
C. The filing fee for an accessory dwelling unit application shall be as
established by resolution of the city council.
17.10.03040 - Filing for record. Use covenant and restriction.
Prior to the issuance of a certificate of occupancy for aan approved second unit
developments accessory dwelling unit, pursuant to this chapter, a covenant
accompanied with the adopting resolution and/or conditions of approval a fully-
executed use covenant and restriction running with the land shall be recorded by
the cCity with the county recorder Los Angeles County Recorder’s Office, and shall
include all of the following: as a covenant running with the land. The covenant shall
also state that the owner agrees to all conditions of approval.
1. Conditions of approval, and a statement that the owner agrees to all
such conditions.
2. A prohibition on the sale of the accessory dwelling unit separate from the
sale of the single-family residence, including a statement that the deed
restriction shall be enforced against future purchasers.
3. A restriction that the size and attributes of the accessory dwelling unit
must conform with this chapter.
17.10.04050 - Revocation.
If the site plan review application and/or the conditional use permit any other permit
issued for the accessory dwelling unit is revoked by the cCity pursuant to the
provisions of Chapter 17.86 (Enforcement) of this code, then the dDirector shall file
notice with the county recorder Los Angeles County Recorder’s Office that the
second unit accessory dwelling unit or junior accessory dwelling unit approval has
been revoked and the property owner shall forthwith convert the second unit accessory
dwelling unit to a legal structure or shall demolish such structure.
Chapter 17.96 - DEFINITIONS
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17.96.1415 – Parking, tandem.
‘Tandem parking’ means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
17.96.1495 –Public transit.
“Public transit” means a bus stop served by the Los Angeles County
Metropolitan Transportation Authority (LA Metro) or the Palos Verdes
Peninsula Transit Authority.
Section 17.96.2128 - Unit, accessory dwelling.
“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 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.
17.96.2150 - Unit, primary dwelling.
"Primary dwelling unit" means the principal dwelling on a residential lot, which
existed prior to the establishment of an secondary or "second unitaccessory
dwelling unit."
17.96.2160 - Unit, second.
"Second unit" means a second dwelling unit either within, or added on to, an
existing single-family dwelling unit, or in a separate accessory structure on the
same lot as the primary dwelling unit, for use as a complete, independent living
facility for one or more persons, with provision within the accessory unit for living,
cooking, eating, sanitation and sleeping. Such a unit is an accessory use to the
primary dwelling unit.
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P.C. RESOLUTION NO. 2019-22
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), 17.04 (MULTIPLE-FAMILY
RESIDENTIAL (RM) DISTRICTS), AND 17.96 (DEFINITIONS),
AND REPEALING AND REPLACING CHAPTER 17.10
(SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO UPDATE THE DEVELOPMENT STANDARDS FOR
SECOND DWELLING UNITS (CASE NO. PLCA2019-0006).
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates second unit development; and
WHEREAS, starting in September of 2016, the California Legislature passed
a number of bills that amended Section 65852.2 of the Government Code, renaming
second units as “Accessory Dwelling Units” or “ADUs,” and requiring local government
to update their second unit ordinances to conform to the state regulations; and
WHEREAS, the State statute now provides detailed standards that must be
enacted to regulate ADUs, among them, floor area size, pathway, and setback
requirements; and
WHEREAS, the State statute also places limitations on the additional parking
requirements the City may require for the development of ADUs, and requires that ADUs
that comply with certain development standards be subject to non-discretionary
approval processes; and
WHEREAS, on June 18, 2019, the City Council authorized the initiation of code
amendment proceedings to consider amending of Title 17 (Zoning) to ensure that the
City’s regulation of ADUs is consistent with State law; and
WHEREAS, on June 20, 2019, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing bef ore the Planning Commission on
July 9, 2019 pursuant to the requirements of the Rancho Palos Verdes Development
Code; and
WHEREAS, on July 9, 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. After hearing a report from Staff, as well as from the Applicant, and a
member of the public, the Planning Commission voted 3-2 to continue the public hearing
to August 13, 2019 to allow Staff to make further modifications to the draft ordinance.
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WHEREAS, on August 13, 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 facts set forth in the recitals of this Reso lution 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 Chapters 17.02 (Single-Family Residential (RS) Districts),
17.04 (Multiple-Family Residential (RM) Districts), 17.10 (Second Units) and 17.96
(Definitions) of Title 17 of the Rancho Palos Verdes Municipal Code to update the
development standards for second dwelling units.
Section 3: 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: Most of the City of Rancho Palos Verdes is located within a Very
High Fire Hazard Severity Zone, and because of this, the City is exercising the options
provided in the State law to minimize impacts to the City for the portions of the City located
in the Very High Fire Hazard Severity Zones, including requiring an enclosed parking
space for ADUs, and requiring that replacement parking for a garage, carport, or covered
parking structure that is demolished or converted in conjunction with the construction of
an accessory dwelling unit be covered as well, with some minimal exceptions per state
law, and requiring standard setbacks for a new ADU constructed above an existing
garage, rather than the 5 foot maximum setback listed in California Code 65852.2.
Section 5: The amendments to Chapters 17.02 (Single-Family Residential (RS)
Districts), 17.04 (Multiple-Family Residential (RM) Districts), 17.10 (Second Units) and
17.96 (Definitions) of the Municipal Code are consistent with California Government Code
Section 65853, zoning amendment procedures.
Section 6: Pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
14 C.C.R. § 15000 et. seq., the City's Local CEQA Guidelines, and Government Code
Section 65962.5(f) (Hazardous Waste and Substances Statement), the code amendment
qualifies as a ministerial project and therefore exempt from the application of CEQA
(Section 21080).
Section 7: 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
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that an Ordinance be adopted, entitled, “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTERS
17.02 (SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS), 17.04 (MULTIPLE-FAMILY
RESIDENTIAL (RM) DISTRICTS), AND 17.96 (DEFINITIONS), AND REPEALING AND
REPLACING CHAPTER 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE,
REGARDING ACCESSORY DWELLING UNITS.” (PLCA2019-0006).
PASSED, APPROVED, AND ADOPTED this 13th day of August 2019, by the following
vote:
AYES: COMMISSIONERS NELSON, JAMES, SANTAROSA, SAADATNEJADI,
PERESTAM, VICE-CHAIRMAN LEON, AND CHAIRMAN BRADLEY
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
_______________________
David Bradley
Chairman
____________________________
Ara Mihranian, AICP
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT “A”
DRAFT ORDINANCE NO. ___
Please see attached.
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01203.0005/571495.2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING
CHAPTERS 8.24 (PROPERTY MAINTENANCE), 17.02 (SINGLE-
FAMILY RESIDENTIAL (RS) DISTRICTS), 17.04 (MULTIPLE-
FAMILY RESIDENTIAL (RM) DISTRICTS), AND 17.96
(DEFINITIONS), AND REPEALING AND REPLACING CHAPTER
17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE
17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE, REGARDING ACCESSORY DWELLING UNITS.
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates second unit development.
WHEREAS, starting in September of 2016, the California Legislature passed a
number of bills that amended Section 65852.2 of the Government Code, renaming
second units as “Accessory Dwelling Units” or “ADUs,” and requiring local government
to update their second unit ordinances to conform to the state regulations .“”
WHEREAS, the State statute now provides detailed standards that must be enacted
to regulate Accessory Dwelling Units, among them, floor area size, pathway, and
setback requirements.
WHEREAS, the State statute also places limitations on the additional parking
requirements the City may require for the development of Accessory Dwelling Units, and
requires that Accessory Dwelling Units that comply with certain development standards
be subject to non-discretionary approval processes.
WHEREAS, the City Council of the City of Rancho Palos Verdes wishes to amend
Title 17, Development Code, to ensure that the City’s regulation of Accessory Dwelling
Units is consistent with State law.
WHEREAS, most of the City of Rancho Palos Verdes is located within a Very High
Fire Hazard Severity Zone, and because of this, the City is exercising the option to require
an enclosed parking space for ADUs, and to require that replacement parking for a
garage, carport, or covered parking structure that is demolished or converted in
conjunction with the construction of an accessory dwelling unit be covered as well, with
some minimal exceptions per state law. This requirement will allow a greater distance
between structures to be maintained to minimize the spread of fire, and prevent tandem
parking that may block egress in case of fire.
WHEREAS, most of the City of Rancho Palos Verdes is located within a Very High
Fire Hazard Severity Zone, and because of this, the City is exercising the option to require
standard setbacks for a new ADU constructed above an existing garage, rather than the 5
foot maximum setback listed in California Code 65852.2. This requirement will allow a
greater distance between structures to be maintained to minimize the spread of fire, and
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prevent tandem parking that may block egress in case of fire.
WHEREAS, on June 18, 2019, the City Council authorized the initiation of code
amendment proceedings to consider amending of Title 17 (Zoning) to update the
development standards for Second Units.
WHEREAS, on July 9, 2019, the Planning Commission the Planning Commission
held a duly noticed continued public hearing, at which time all interested parties were given
an opportunity to be heard and present evidence. After hearing from Staff and the public, the
Planning Commission voted 3-2 to continue the public hearing to August 13, 2019 to allow
Staff to make further modifications to the draft ordinance.
WHEREAS, on August 13, 2019, the Planning Commission conducted a duly noticed
public hearing on this Ordinance and adopted P.C. Resolution No. 2019-22, recommending
that the City Council adopt the same, and finding the project exempt from CEQA.
WHEREAS, on _______, a Public Notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the City Council on
__________.
WHEREAS, on __________, 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. 2019-22, 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 fully herein by reference.
B. It is the intent and purpose of this Ordinance that Chapters 8.24 (Property
Maintenance), 17.02 (Single-Family Residential ((RS)) Districts), 17.04 (Multiple-
Family Residential ((RM)) Districts), and 17.96 (Definitions) are amended and that
Chapter 17.10 is repealed and replaced to update the development standards for
second dwelling units.
SECTION 2. Section 17.96.1415 (Parking, tandem) of Chapter 17.96 (Definitions)
of Article VIII (Administration) of Title 17 (Zoning) is hereby added to the Rancho Palos
Verdes Municipal Code to read:
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“17.96.1415 – Parking, tandem
‘Tandem parking’ means that two or more automobiles are parked on a driveway or
in any other location on a lot, lined up behind one another.
SECTION 3. Section 17.96.1495 (Public Transit) of Chapter 17.96 (Definitions) of
Article VIII (Administration) of Title 17 (Zoning) is hereby added to the Rancho Palos
Verdes Municipal Code to read:
17.96.1495 –Public transit.
“Public transit” means a bus stop served by the Los Angeles County Metropolitan
Transportation Authority (LA Metro) or the Palos Verdes Peninsula Transit
Authority.
SECTION 4. Section 17.96.2160 (Unit, second) of Chapter 17.96 (Definitions) of
Article VIII (Administration) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code is deleted.
SECTION 5. Section 17.96.2128 (Unit, accessory dwelling) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is hereby added to the
Rancho Palos Verdes Municipal Code as follows:
“17.96.2128 – Unit, accessory dwelling.
‘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 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 6. Section 17.96.2150 (Unit, primary dwelling) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is hereby amended as
follows:
“17.96.2150 – Unit, primary dwelling
‘Primary dwelling unit’ means the principal dwelling on a residential lot, which
existing prior to the establishment of an ‘accessory dwelling unit.’”
SECTION 7. The Rancho Palos Verdes Code is amended by deleting and
replacing the term “second unit” with, “accessory dwelling unit” in Sections 8.24.060,
17.02.020, 17.04.04017.02.030, 17.10.010, 17.10.020, 17.10.030, 17.10.040, 17.10.050,
17.10.060, and 17.96.880.
SECTION 8. Chapter 17.10, (Accessory Dwelling Unit Development Standards),
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of Article I (Residential Districts) Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code is being repealed and replaced with the following:
Chapter 17.10 - ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
17.10.010 - Purpose.
This chapter provides standards for the development and maintenance of accessory
dwelling units, either attached to or detached from a primary dwelling unit in accordance
with California State Government Code Section 65852.2. A substantial portion of the C ity
of Rancho Palos Verdes is located in a designated “Very High Fire Hazard Severity Zone ”
(see Section 8.08.060), and this chapter ensures that accessory dwelling units are
developed and operated on adequate sites, at proper and desirable locations, and that
the goals and objectives of the General Plan are observed. An accessory dwelling unit
that conforms to the following requirements shall not be considered to exceed the
allowable density (i.e., number of dwelling units per acre) for the lot upon which it is located
and shall be deemed to be a residential use which is consistent with the existing General
Plan and zoning designations for the lot.
17.10.020 - Accessory Dwelling Units.
An accessory dwelling unit is a secondary dwelling unit with complete independent living
facilities for one or more persons and generally takes 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. A new attached or detached accessory dwelling unit shall adhere to the following
standards:
1. The lot on which an 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 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 5 below), setbacks, and lot coverage.
4. The total area of floor space for a detached accessory dwelling unit shall not exceed
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1,200 square feet. The total area of floor space for an attached accessory dwelling
unit, excluding any required garage space, shall not exceed 50% of the primary
residence’s main building floor area (including attached garage area) or 1,200
square feet, whichever is less.
5. Whether attached to or detached from the primary dwelling unit, the accessory
dwelling 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).
All accessory dwelling units exceeding 12 feet in height shall comply with the
neighborhood compatibility requirements of subsection 17.02.030 (B). 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. Exterior stairs leading to an accessory dwelling unit located on the second level of
a primary dwelling unit or detached accessory structure shall be allowed.
7. The accessory dwelling unit 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.
8. The accessory dwelling unit may be located on a lot or parcel which is served by
a public sanitary sewer system. An 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 other applicable
agencies, of a private sewage disposal system, prior to planning approval.
Accessory dwelling units shall not be considered by a local agency, special district,
or water corporation to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service.
9. A minimum of one enclosed parking space 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 accessory dwelling unit parking may be located tandem to the
required enclosed parking for the primary residence. No parking spaces are
required for an accessory dwelling unit if any of the following apply:
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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.
10. 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.
11. Either the primary dwelling unit or accessory dwelling unit shall be owner occupied
in order for the accessory dwelling unit to qualify for and maintain the right to have
an occupancy certification.
12. An 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).
13. An accessory dwelling unit above an existing garage not located within a “Very High
Fire Hazard Severity Zone” shall provide a minimum setback of 5 feet from the side
and rear lot lines.
B. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or Detached
Accessory Structure.
1. The City shall ministerially approve an application to create one accessory dwelling
unit per lot within a single-family residential zone, if the unit is contained within
the existing space of a primary dwelling unit or detached accessory structure, has
independent exterior access from the existing dwelling unit, and the side and rear
setbacks are sufficient for fire safety.
2. If the accessory dwelling unit is contained within the existing space of a primary
dwelling unit or detached accessory structure, no parking is required to be provided
for that accessory dwelling unit.
3. Accessory dwelling units described in this section shall not be required to provide
fire sprinklers if they are not required for the primary residence.
4. No new setbacks shall be required for an existing garage, carport, or covered
parking structure that is converted to an accessory dwelling unit within the same
footprint.
5. For a garage, carport, or covered parking structure located within a designated “Very
High Fire Hazard Severity Zone” that is converted to an accessory dwelling unit, enclosed
replacement parking spaces shall be required that comply with the minimum number
of spaces and dimensions stated in subsection 17.02.030(E). For any such
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conversion not located within a “Very High Fire Hazard Severity Zone”, the
replacement spaces can be located in any other configuration on the same lot as
the accessory dwelling unit, including, but not limited to, as covered spaces,
uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts, without adversely impacting traffic flow and public safety.
6. Accessory dwelling units governed by this section shall not be required to install a
new or separate utility connection directly between the accessory dwelling unit and
the utility, or to pay a related connection fee or capacity charge.
7. Owner-occupancy on the lot on which the accessory dwelling unit described in this
section will be permitted is mandatory. The owner shall reside in either the primary
dwelling unit or the newly created accessory dwelling unit.
17.10.030 – Approval Process
A. Accessory dwelling units, either attached or detached, which adhere to the standards
in section 17.10.020, shall be allowed in all RS districts, on lots with existing or
proposed single family dwelling units, with ministerial approval of a Site Plan Review
by the Director. Accessory dwelling units which do not meet these standards may be
permitted in all RS districts, on lots with existing or proposed single family dwelling
units, with the granting of the applicable permits and a conditional use permit
(Chapter 17.60).
B. An accessory dwelling unit that meets all applicable standards described in this chapter
shall be processed ministerially within 120 days after receiving the application.
C. The filing fee for an accessory dwelling unit application shall be as established by
resolution of the city council.
17.10.040 - Use covenant and restriction.
A. Prior to the issuance of a certificate of occupancy for an approved accessory
dwelling unit, a fully executed use covenant and restriction running with the land
shall be recorded by the City with the Los Angeles County Recorder’s Office, and
shall include all of the following:
1. Conditions of approval, and a statement that the owner agrees to all such
conditions.
2. A prohibition on the sale of the accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction shall
be enforced against future purchasers.
3. A restriction that the size and attributes of the accessory dwelling unit must
conform with this chapter.
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17.10.050 - Revocation.
If the site plan review application and/or any other permit issued for the accessory dwelling
unit is revoked by the City pursuant to the provisions of Chapter 17.86 (Enforcement) of
this code, then the Director shall file notice with the Los Angeles County Recorder’s Office
that the accessory dwelling unit has been revoked and the property owner shall forthwith
convert the accessory dwelling unit to a legal structure or shall demolish such structure.
SECTION 9. 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, but rather will clarify prohibited uses of residential property in the City.
SECTION 10. 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 11. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
SECTION 12. Effective Date. This Ordinance shall go into effect on the 31 st day
after its passage.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2019.
Mayor
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01203.0005/571495.2
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
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State of California
GOVERNMENT CODE
Section 65852.2
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of
accessory dwelling units in areas zoned to allow single-family or multifamily use.
The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory
dwelling units may be permitted. The designation of areas may be based on criteria
that may include, but are not limited to, the adequacy of water and sewer services and
the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, lot coverage, landscape, architectural review,
maximum size of a unit, and standards that prevent adverse impacts on any real
property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking
requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for
the lot upon which the accessory dwelling unit is located, and that accessory dwelling
units are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit may be rented separate from the primary residence, buy may not be
sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes a
proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached or located within the living area
of the proposed or existing primary dwelling or detached from the proposed or existing
primary dwelling and located on the same lot as the proposed or existing primary
dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit shall not
exceed 50 percent of the proposed or existing primary dwelling living area or 1,200
square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not
exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to an
accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
D-1
of no more than five feet from the side and rear lot lines shall be required for an
accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as
appropriate.
(ix) Approval by the local health officer where a private sewage disposal system
is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one
parking space per unit or per bedroom, whichever is less. These spaces may be
provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined
by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted to an
accessory dwelling unit, and the local agency requires that those offstreet parking
spaces be replaced, the replacement spaces may be located in any configuration on
the same lot as the accessory dwelling unit, including, but not limited to, as covered
spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile
parking lifts. This clause shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for
a permit pursuant to this subdivision, the application shall be considered ministerially
without discretionary review or a hearing, notwithstanding Section 65901 or 65906
or any local ordinance regulating the issuance of variances or special use permits,
within 120 days after receiving the application. A local agency may charge a fee to
reimburse it for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001–02 Regular Session of the Legislature, including the costs of adopting
or amending any ordinance that provides for the creation of an accessory dwelling
unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency
subsequent to the effective date of the act adding this paragraph shall provide an
approval process that includes only ministerial provisions for the approval of accessory
dwelling units and shall not include any discretionary processes, provisions, or
requirements for those units, except as otherwise provided in this subdivision. In the
event that a local agency has an existing accessory dwelling unit ordinance that fails
to meet the requirements of this subdivision, that ordinance shall be null and void
upon the effective date of the act adding this paragraph and that agency shall thereafter
apply the standards established in this subdivision for the approval of accessory
dwelling units, unless and until the agency adopts an ordinance that complies with
this section.
D-2
(5) No other local ordinance, policy, or regulation shall be the basis for the denial
of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use
that includes a proposed or existing single-family dwelling. No additional standards,
other than those provided in this subdivision, shall be utilized or imposed, except that
a local agency may require an applicant for a permit issued pursuant to this subdivision
to be an owner-occupant or that the property be used for rentals of terms longer than
30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate
the policies, procedures, or other provisions applicable to the creation of an accessory
dwelling unit if these provisions are consistent with the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to exceed
the allowable density for the lot upon which it is located, and shall be deemed to be
a residential use that is consistent with the existing general plan and zoning
designations for the lot. The accessory dwelling unit shall not be considered in the
application of any local ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives an application for a permit
to create an accessory dwelling unit pursuant to this subdivision, the local agency
shall approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a) within 120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements
for both attached and detached accessory dwelling units. No minimum or maximum
size for an accessory dwelling unit, or size based upon a percentage of the proposed
or existing primary dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed
in compliance with local development standards. Accessory dwelling units shall not
be required to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted
an ordinance governing accessory dwelling units in accordance with subdivision (a),
shall not impose parking standards for an accessory dwelling unit in any of the
following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically
significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence
or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
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(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit to create within a zone for
single-family use one accessory dwelling unit per single-family lot if the unit is
contained within the existing space of a single-family residence or accessory structure,
including, but not limited to, a studio, pool house, or other similar structure, has
independent exterior access from the existing residence, and the side and rear setbacks
are sufficient for fire safety.Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence. A city may require
owner occupancy for either the primary or the accessory dwelling unit created through
this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency, special
district, or water corporation to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency,
special district, or water corporation shall not require the applicant to install a new
or separate utility connection directly between the accessory dwelling unit and the
utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local
agency, special district, or water corporation may require a new or separate utility
connection directly between the accessory dwelling unit and the utility. Consistent
with Section 66013, the connection may be subject to a connection fee or capacity
charge that shall be proportionate to the burden of the proposed accessory dwelling
unit, based upon either its size or the number of its plumbing fixtures, upon the water
or sewer system. This fee or charge shall not exceed the reasonable cost of providing
this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development within
60 days after adoption. The department may review and comment on this submitted
ordinance.
(i) As used in this section, the following terms mean:
(1) “Living area” means the interior habitable area of a dwelling unit including
basements and attics but does not include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law
or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth
in Section 65589.5.
(4) “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 include permanent provisions for living, sleeping, eating, cooking, and
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sanitation on the same parcel as the single-family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety
Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(6) “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way alter or
lessen the effect or application of the California Coastal Act of 1976 (Division 20
(commencing with Section 30000) of the Public Resources Code), except that the
local government shall not be required to hold public hearings for coastal development
permit applications for accessory dwelling units.
(Amended by Stats. 2017, Ch. 602, Sec. 1.5. (AB 494) Effective January 1, 2018.)
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Chapter 17.10 - SECOND UNIT DEVELOPMENT STANDARDS
Sections:
17.10.010 - Purpose.
This chapter provides standards for the development and maintenance of second units on residential
lots in accordance with California State Government Code Section 65852.2. This chapter ensures that
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. A second unit
which conforms to the following requirements shall not be considered to exceed the allowable density for
the lot upon which it is located and shall be deemed to be a residential use which is consistent with the
existing general plan and zoning designations for the lot.
(Ord. 320 § 7 (part), 1997)
17.10.020 - Development standards.
Second unit developments which adhere to the following standards, shall be permitted in all RS and
RM districts with the approval of a site plan review application by the director. Second unit developments
which do not meet the standards of this chapter shall be allowed in all RS and RM districts with the
approval of a conditional use permit, pursuant to Chapter 17.60 (Conditional Use Permits) and any other
applicable permits.
A.The lot on which a second unit is constructed shall contain a single-family residence, which
shall be considered as the primary use and dwelling unit, along with other nonhabitable
accessory structures, as normally allowed on such a lot. The distinction between the primary
unit and the second unit shall be made by the director and that distinction shall be incorporated
as a condition of approval of the appropriate application.
B.A trailer, as defined in Chapter 17.96 (Definitions) or any other recreational vehicle, may not be
stored, or maintained as a habitable unit, on a residential lot.
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).
D.The total area of floor space for a detached second unit, excluding any required garage space,
shall not exceed 1,200 square feet. The total area of floor space for an attached second unit,
excluding any required garage space, shall not exceed 30 percent of the primary residence's
main building floor area.
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:
1.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
2.The post-construction grade where the lowest foundation or slab meets finished grade, to
the ridgeline or highest point of the structure.
F.Second units which are located on the second level of a primary unit shall share the same
entrance/exit as the primary unit. Exterior stairs leading to a second unit located on the second
level of a primary unit shall be prohibited, unless the stairs are leading to and/or connected to a
common hallway, deck or entry, rather than a specific room.
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G. The second unit shall include, in accordance with the Uniform Building Code, one full bathroom
and one kitchen and shall not include any additional bathrooms or kitchens. The second unit
shall also be limited to a maximum of two bedrooms.
H. The second unit shall be located on a lot or parcel which is served by a public sanitary sewer
system.
I. A minimum of one enclosed parking space shall be provided in an enclosed garage on the
property for the second unit, in addition to the parking requirements described in Section
17.02.030 (Development Standards) for the primary residence. Such parking area shall not be
tandem to, or block the access of, the parking areas for the primary residence.
J. Prior to the development of a second unit, the primary unit shall conform to the parking
standards described in Section 17.02.030 (Development Standards).
K. The primary unit and the second unit shall remain under the same ownership. The second unit
shall not be sold separately from the primary unit.
L. Either the primary unit or the second unit shall be owner occupied in order for the second unit to
qualify for and maintain the right to have an occupancy certification.
(Amended during 11-97 supplement; Ord. 320 § 7 (part), 1997)
(Ord. No. 615U, § 4, 1-15-19; Ord. No. 619, § 4, 3-19-19)
17.10.030 - Filing for record.
Prior to the issuance of a certificate of occupancy for approved second unit developments pursuant
to this chapter, a covenant accompanied with the adopting resolution and/or conditions of approval shall
be recorded by the city with the county recorder as a covenant running with the land. The covenant shall
also state that the owner agrees to all conditions of approval.
(Ord. 320 § 7 (part), 1997)
17.10.040 - Revocation.
If the site plan review application and/or the conditional use permit is revoked by the city pursuant to
the provisions of Chapter 17.86 (Enforcement) of this code, then the director shall file notice with the
county recorder that the second unit approval has been revoked and the property owner shall forthwith
convert the second unit to a legal structure or shall demolish such structure.
(Ord. 320 § 7 (part), 1997)
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California Department of Housing and Community Development
Where Foundations Begin
Accessory Dwelling Unit
Memorandum
December 2018
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Table of Contents
Understanding ADUs and Their Importance ........................................................................................ 1
Summary of Recent Changes to Accessory Dwelling Unit Laws ....................................................... 3
Frequently Asked Questions: Accessory Dwelling Units ................................................................... 7
Should an Ordinance Encourage the Development of ADUs? ........................................................... 7
Are Existing Ordinances Null and Void? ............................................................................................. 7
Are Local Governments Required to Adopt an Ordinance? ................................................................ 8
Can a Local Government Preclude ADUs? ........................................................................................ 8
Can a Local Government Apply Development Standards and Designate Areas? .............................. 8
Can a Local Government Adopt Less Restrictive Requirements? ...................................................... 9
Can Local Governments Establish Minimum and Maximum Unit Sizes? ........................................... 9
Can ADUs Exceed General Plan and Zoning Densities? ................................................................. 10
How Are Fees Charged to ADUs? .................................................................................................... 11
What Utility Fee Requirements Apply to ADUs…………………………………………………………..11
What Utility Fee Requirements Apply to Non-City and County Service Districts? ............................ 11
Do Utility Fee Requirements Apply to ADUs within Existing Space? ................................................ 11
Does “Public Transit” Include within One-half Mile of a Bus Stop and Train Station? ...................... 11
Can Parking Be Required Where a Car Share is Available? ............................................................ 12
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? .............................. 12
Is Covered Parking Required? .......................................................................................................... 12
Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an
ADU? ................................................................................................................................................ 12
Are Setbacks Required When an Existing Garage is Converted to an ADU? .................................. 12
Are ADUs Permitted in Existing Residence and Accessory Space? ................................................ 13
Are Owner Occupants Required? ..................................................................................................... 13
Are Fire Sprinklers Required for ADUs? ........................................................................................... 13
Is Manufactured Housing Permitted as an ADU? ............................................................................. 14
Can an Efficiency Unit Be Smaller than 220 Square Feet? .............................................................. 14
Does ADU Law Apply to Charter Cities and Counties? .................................................................... 14
Do ADUs Count toward the Regional Housing Need Allocation………………………………… ....... 14
Must Ordinances Be Submitted to the Department of Housing and Community Development? ...... 15
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Frequently Asked Questions: Junior Accessory Dwelling Units ..................................................... 16
Is There a Difference between ADU and JADU? .............................................................................. 16
Why Adopt a JADU Ordinance?…………………………………………………. .................................. 17
Can JADUs Count towards The RHNA? ........................................................................................... 17
Can the JADU Be Sold Independent of the Primary Dwelling? ........................................................ 17
Are JADUs Subject to Connection and Capacity Fees? ................................................................... 17
Are There Requirements for Fire Separation and Fire Sprinklers? ................................................... 18
Resources ............................................................................................................................................. 19
Attachment 1: Statutory Changes (Strikeout/Underline) ................................................................... 19
Attachment 2: Sample ADU Ordinance ............................................................................................ 25
Attachment 3: Sample JADU Ordinance ........................................................................................... 28
Attachment 4: State Standards Checklist ......................................................................................... 31
Attachment 5: Bibliography ............................................................................................................... 32
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Understanding Accessory Dwelling Units
and Their Importance
California’s housing production is not keeping pace with
demand. In the last decade less than half of the needed
housing was built. This lack of housing is impacting
affordability with average housing costs in California
exceeding the rest of the nation. As affordability
becomes more problematic, people drive longer distances
between a home that is affordable and where they work,
or double up to share space, both of which reduces
quality of life and produces negative environmental
impacts.
Beyond traditional market-rate construction and
government subsidized production and preservation there
are alternative housing models and emerging trends that can
contribute to addressing home supply and affordability in California.
One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in-
law units, or granny flats).
ADUs offer benefits that address common development barriers such as affordability and environmental quality.
ADUs are an affordable type of home to construct in California because they do not require paying for land, major
new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame
construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as
much living space as the new apartments and condominiums being built in new infill buildings and serve very well
for couples, small families, friends, young people, and seniors.
ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals
and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas
is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach
for many people. To address the needs of individuals or small families seeking living quarters in high opportunity
areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage
What is an ADU
An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons
and generally takes three forms:
• Detached: The unit is separated from the primary structure
• Attached: The unit is attached to the primary structure
• Repurposed Existing Space: Space (e.g., master bedroom) within the primary residence is
converted into an independent living unit
• Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures
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into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can
receive an extra monthly rent income.
ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing
seniors to age in place as they require more care and helping extended families to be near one another while
maintaining privacy.
Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley
study noted that one unit of affordable housing in the Bay Area costs about $500,000 to develop whereas an ADU
can range anywhere up to $200,000 on the expensive end in high housing cost areas.
ADUs are a critical form of infill-development that can be affordable and offer important housing choices within
existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve
different populations ranging from students and young professionals to young families, people with disabilities and
senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local
governments can encourage the development of ADUs and improve access to jobs, education and services for
many Californians.
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Summary of Recent Changes to ADU Laws
The California legislature found and declared that,
among other things, allowing accessory dwelling units
(ADUs) in zones allowing single family and
multifamily use provides additional rental housing and
are an essential component in addressing housing
needs in California. Over the years, ADU law has
been revised to improve its effectiveness such as
recent changes in 2003 to require ministerial
approval. In 2017, changes to ADU laws will further
reduce barriers, better streamline approval and
expand capacity to accommodate the development of
ADUs.
ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends, students, the
elderly, in-home health care providers, the disabled, and others.
Further, ADUs offer an opportunity to maximize and integrate
housing choices within existing neighborhoods.
Within this context, the Department has prepared this guidance to assist local governments in encouraging the
development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief
summary of the changes for each bill.
SB 1069 (Wieckowski)
S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs
and expanded capacity for their development. The following is a brief summary of provisions that go into effect
January 1, 2017.
Parking
SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street
parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made.
SB 1069 also prohibits parking requirements if the ADU meets any of the following:
• Is within a half mile from public transit.
• Is within an architecturally and historically significant historic district.
• Is part of an existing primary residence or an existing accessory structure.
• Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
• Is located within one block of a car share area.
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Fees
SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility
connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from
requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or
capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and
detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system
and may not exceed the reasonable cost of providing the service.
Fire Requirements
SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the
primary residence.
ADUs within Existing Space
Local governments must ministerially approve an application to create within a single family residential zone one
ADU per single family lot if the unit is:
• contained within an existing residence or accessory structure.
• has independent exterior access from the existing residence.
• has side and rear setbacks that are sufficient for fire safety.
These provisions apply within all single family residential zones and ADUs within existing space must be allowed in
all of these zones. No additional parking or other development standards can be applied except for building code
requirements.
No Total Prohibition
SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs.
AB 2299 (Bloom)
Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to
ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of
an attached ADU, and setback requirements, as follows:
• The unit is not intended for sale separate from the primary residence and may be rented.
• The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling.
• The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or
detached and on the same lot.
• The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum
increase in floor area of 1,200 square feet.
• The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet.
• No passageway can be required.
• No setback can be required from an existing garage that is converted to an ADU.
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• Compliance with local building code requirements.
• Approval by the local health officer where private sewage disposal system is being used.
Impact on Existing Accessory Dwelling Unit Ordinances
AB 2299 provides that any existing ADU ordinance that does not meet the bill’s requirements is null and void upon
the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on
Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance.
AB 2406 (Thurmond)
AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local
governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be
a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing
residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a
JADU ordinance is optional.
Required Components
The ordinance authorized by AB 2406 must include the following requirements:
• Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already
built on the lot.
• The single-family residence in which the JADU is created or JADU must be occupied by the owner of the
residence.
• The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-
family residence and restricting the JADU to the size limitations and other requirements of the JADU
ordinance.
• The JADU must be located entirely within the existing structure of the single-family residence and JADU have
its own separate entrance.
• The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and
storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed.
• The JADU may share a bath with the primary residence or have its own bath.
Prohibited Components
This bill prohibits a local JADU ordinance from requiring:
• Additional parking as a condition to grant a permit.
• Applying additional water, sewer and power connection fees. No connections are needed as these utilities
have already been accounted for in the original permit for the home.
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Fire Safety Requirements
AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and
life protections ordinances and regulations, such as sprinklers and smoke alarms. The bill also requires life and
protection ordinances that affect single-family residences to be applied uniformly to all single-family residences,
regardless of the presence of a JADU.
JADUs and the RHNA
As part of the housing element portion of their general plan, local governments are required to identify sites with
appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly
flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill
would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to
create less costly accessory units. See additional discussion under JADU frequently asked questions.
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Frequently Asked Questions:
Accessory Dwelling Units
Should an Ordinance Encourage the Development of ADUs?
Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity
for ADUs recognizing their unique importance in addressing California’s housing needs. The preparation, adoption,
amendment and implementation of local ADU ordinances must be carried out consistent with Government Code
Section 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care
providers, the disabled, and others, at below market prices within existing neighborhoods.
(3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of
security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental
housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for
the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and
the well-being of our citizens, particularly lower and middle-income earners.
(7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within
existing neighborhoods, while respecting architectural character.
(8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has
the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating
to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or
burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in
zones in which they are authorized by local ordinance.
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Are Existing Ordinances Null and Void?
Yes, any local ordinance adopted prior to January 1, 2017
that is not in compliance with the changes to ADU law will be
null and void. Until an ordinance is adopted, local
governments must apply “state standards” (See Attachment
4 for State Standards checklist). In the absence of a local
ordinance complying with ADU law, local review must be
limited to “state standards” and cannot include additional
requirements such as those in an existing ordinance.
Are Local Governments Required to Adopt
an Ordinance?
No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local
ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through
different forms such as a new ordinance, amendment to an existing ordinance, separate section or special
regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be
established legislatively through a public process and meeting and not through internal administrative actions such
as memos or zoning interpretations.
Can a Local Government Preclude ADUs?
No local government cannot preclude ADUs.
Can a Local Government Apply Development Standards and Designate Areas?
Yes, local governments may apply development standards and may designate where ADUs are permitted (GC
Sections 65852.2(a)(1)(A) and (B)). However, ADUs within existing structures must be allowed in all single family
residential zones.
For ADUs that require an addition or a new accessory structure, development standards such as parking, height,
lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or
allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high
fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that
burdens the development of ADUs and should maximize the potential for ADU development. Designating areas
where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic
flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes,
burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than
500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the
intent of the Legislature.
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Can a Local Government Adopt Less Restrictive Requirements?
Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local
governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less
restrictive parking or unit sizes or amending general plan policies.
Can Local Governments Establish Minimum and Maximum Unit Sizes?
Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like
all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of
ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that
unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit
sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit
as defined in Health and Safety Code Section 17958.1.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50
percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200
square feet. A local government may choose a maximum unit size less than 1,200 square feet as long
as the requirement is not burdensome on the creation of ADUs.
Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their
potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout
most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could
be considered relative to health and safety concerns such as areas on septic systems. While larger lot
sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g.,
maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements)
that allows ADUs to fit well within the built environment.
Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from
incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development
of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to
promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and
requirements to make it more convenient for homeowners to get information. The City found that
homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and
there is sufficient guidance on what options they have in regards to design and planning.
The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage
more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop
an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community-
development/programs/accessory-dwelling-unit-development-program.
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Can ADUs Exceed General Plan and Zoning Densities?
An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning.
For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an
additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet) to account for an ADU. Further,
local governments could elect to allow more than one ADU on a lot.
New developments can increase the total number of affordable units in their project plans by
integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs
also promotes housing choices within a development. One such example is the Cannery project
in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs.
ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with
neighborhoods and enhancing community character. ADUs are constructed at the same time as
the primary single‐family unit to ensure the affordable rental unit is available in the housing
supply concurrent with the availability of market rate housing.
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How Are Fees Charged to ADUs?
All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation
Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home).
Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of
plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping
should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new
landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a
lesser impact such as lower sewer or traffic impacts.
What Utility Fee Requirements Apply to ADUs?
Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity
charges.
Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot
require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity
charge.
For other ADUs, a local agency may require separate utility connections between the primary dwelling and the
ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its
size or the number of plumbing fixtures.
What Utility Fee Requirements Apply to Non-City and County Service Districts?
All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with
Government Code Section 66000), including in particular Section 66013, which requires the connection fees and
capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county
service districts must account for the lesser impact related to an ADU and should base fees on unit size or number
of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the
smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals
could be considered to better promote the development of ADUs.
Do Utility Fee Requirements Apply to ADUs within Existing Space?
No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility
connections and fees (connection and capacity) must not be required.
Does “Public Transit” Include within One-half Mile of a Bus Stop and Train
Station?
Yes, “public transit” may include a bus stop, train station and paratransit if appropriate for the applicant. “Public
transit” includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15
minute intervals). Local governments could consider a broader definition of “public transit” such as distance to a
bus route.
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Can Parking Be Required Where a Car Share Is Available?
No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A
car share location includes a designated pick up and drop off location. Local governments can measure a block
from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three
blocks.
Is Off Street Parking Permitted in Setback Areas or through Tandem Parking?
Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that
tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life
safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction.
However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of
ADUs.
Is Covered Parking Required?
No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings
are made.
Is Replacement Parking Required When the Parking Area for the Primary
Structure Is Used for an ADU?
Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements
such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an
opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not
requiring replacement parking.
Are Setbacks Required When an Existing Garage Is Converted to an ADU?
No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office)
above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space
is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage,
not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending
beyond the garage walls.
Local governments must provide reasonable accommodation to persons with disabilities to promote equal
access housing and comply with fair housing laws and housing element law. The reasonable
accommodation procedure must provide exception to zoning and land use regulations which includes an
ADU ordinance. Potential exceptions are not limited and may include development standards such as
setbacks and parking requirements and permitted uses that further the housing opportunities of individuals
with disabilities.
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Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist
so an ADU can be created, the replacement parking must be allowed in any “configuration” on the lot, “…including,
but not limited to, covered spaces, uncovered spaces, or tandem spaces, or….” Configuration can be applied in a
flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing
driveways in setback areas or not requiring excessive distances from the street would be appropriate.
Are ADUs Permitted in Existing Residence or Accessory Space?
Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory
structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B)) for ADUs, including
locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit
requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be
limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review,
landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any
single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where
impact is minimal and the existing footprint is not being increased.
Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming
lots or structures. The phrase, “within the existing space” includes areas within a primary home or within an
attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio
and similar enclosed structures.
Are Owner Occupants Required?
No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the
primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals
(terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the
same property. Local agencies which impose this requirement should require recordation of a deed restriction
regarding owner occupancy to comply with GC Section 27281.5
Are Fire Sprinklers Required for ADUs?
Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary
residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the
primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU.
Alternative methods for fire protection could be provided.
If the ADU is detached from the main structure or new space above a detached garage, applicants can be
encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique
opportunity to address a variety of housing needs and provide affordable housing options for family members,
students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure
the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can
help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost
effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally,
other methods exist to provide additional fire protection. Some options may include additional exits, emergency
escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property
lines or other structures.
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Is Manufactured Housing Permitted as an ADU?
Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living,
sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section
17958.1) and a manufactured home (Health and Safety Code Section 18007).
Can an Efficiency Unit Be Smaller than 220 Square Feet?
Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section
17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom
facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code,
referenced in the Title 24 of the California Code of Regulations.
Does ADU Law Apply to Charter Cities and Counties?
Yes. ADU law explicitly applies to “local agencies” which are defined as a city, county, or city and county whether
general law or chartered (Section 65852.2(i)(2)).
Health and Safety Code Section 18007(a) “Manufactured home,” for the purposes of this part, means a
structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight
body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on
site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-
family dwelling with or without a foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home”
includes any structure that meets all the requirements of this paragraph except the size requirements and
with respect to which the manufacturer voluntarily files a certification and complies with the standards
established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.,
Sec. 5401, and following).
The 2015 International Residential Code adopted by reference into the 2016 California Residential Code
(CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit
(EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq.
ft unless modified by local ordinance in accordance with the California Health and Safety Code which could
allow an EDU to be built no less than 150 sq. ft. For more information, see HCD’s Information Bulletin at
http://www.hcd.ca.gov/codes/manufactured-housing/docs/ib2016-06.pdf .
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Do ADUs Count toward the Regional Housing Need Allocation?
Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to
Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked
questions for JADUs for additional discussion.
Must ADU Ordinances Be Submitted to the Department of Housing and
Community Development?
Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within
60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is
not subject to a Department review and findings process similar to housing element law (GC Section 65585)
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Frequently Asked Questions:
Junior Accessory Dwelling Units
Is There a Difference between ADU and JADU?
Yes, AB 2406 added Government Code Section 65852.22,
providing a unique option for Junior ADUs. The bill allows
local governments to adopt ordinances for JADUs, which are
no more than 500 square feet and are typically bedrooms in a
single-family home that have an entrance into the unit from
the main home and an entrance to the outside from the
JADU. The JADU must have cooking facilities, including a
sink, but is not required to have a private bathroom. Current
law does not prohibit local governments from adopting an
ordinance for a JADU, and this bill explicitly allows, not
requires, a local agency to do so. If the ordinance requires a
permit, the local agency shall not require additional parking or
charge a fee for a water or sewer connection as a condition
of granting a permit for a JADU. For more information, see
below.
ADUs and JADUs
REQUIREMENTS ADU JADU
Maximum Unit Size Yes, generally up to 1,200 Square Feet or
50% of living area
Yes, 500 Square Foot Maximum
Kitchen Yes Yes
Bathroom Yes No, Common Sanitation is Allowed
Separate Entrance Depends Yes
Parking Depends, Parking May Be Eliminated and
Cannot Be Required Under Specified
Conditions
No, Parking Cannot Be Required
Owner Occupancy Depends, Owner Occupancy May Be
Required
Yes, Owner Occupancy Is Required
Ministerial Approval Process Yes Yes
Prohibition on Sale of ADU Yes Yes
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Why Adopt a JADU Ordinance?
JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a
tenant by offering an interior connection between the unit and main living area. The doors between the two spaces
can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living
area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug
in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case
additional income or housing is needed. They present no additional stress on utility services or infrastructure
because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional
address is required on the property because an interior connection remains. By adopting a JADU ordinance, local
governments can offer homeowners additional options to take advantage of underutilized space and better
address its housing needs.
Can JADUs Count towards the RHNA?
Yes, as part of the housing element portion of their general plan, local governments are required to identify sites
with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation
(RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the
RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a
JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department
of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the
RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to
assure the JADU is counted to the appropriate income category. For example, some local governments request
and track information such as anticipated affordability as part of the building permit application.
Can the JADU Be Sold Independent of the Primary Dwelling?
No, the JADU cannot be sold separate from the primary dwelling.
Are JADUs Subject to Connection and Capacity Fees?
No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should
not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to
all providers of water, sewer and power, including non-municipal providers.
Local governments may adopt requirements for fees related to parking, other service or connection for water,
sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not
considered a new or separate unit.
A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that
is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters
are those in which the occupants live separately from any other persons in the building and which have
direct access from the outside of the building or through a common hall.
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Are There Requirements for Fire Separation and Fire Sprinklers?
Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU
shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life
protection requirements, then the JADU must be treated the same.
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Resources
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Attachment 1: Statutory Changes (Strikeout/Underline)
Government Code Section 65852.2
(a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and
multifamily residential zones. areas zoned to allow single-family or multifamily use. The ordinance shall do all of the
following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The
designation of areas may be based on criteria, criteria that may include, but are not limited to, the adequacy of water
and sewer services and the impact of accessory dwelling units on traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot
coverage, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on
any real property that is listed in the California Register of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory
dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) The unit is not intended for sale may be rented separate from the primary residence and residence, buy may be
rented. not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned for to allow single-family or multifamily use and contains an existing, includes a proposed or
existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to the existing dwelling or located within the living area of
the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located
on the same lot as the proposed or existing primary dwelling.
(iv) The increased floor total area of floorspace of an attached accessory dwelling unit shall not exceed 50 percent
of the existing living area, with a maximum increase in floor area of proposed or existing primary dwelling living area
or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted to a an accessory dwelling unit or to a
portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage disposal system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or
per bedroom. bedroom, whichever is less. These spaces may be provided as tandem parking on an
existing a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through
tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere
else in the jurisdiction. conditions.
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(III) This clause shall not apply to a unit that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an
accessory dwelling unit or converted to an accessory dwelling unit, and the local agency requires that those offstreet
parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the
accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or
by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision
(d).
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit
residential growth.
(3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision,
the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section
65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days
after receiving the application. A local agency may charge a fee to reimburse it for costs that it incurs as a result of
amendments to this paragraph enacted during the 2001–02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory
dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall
provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and
shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise
provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that
fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the
act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the
approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit
under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that contains an includes a proposed or existing single-
family dwelling. No additional standards, other than those provided in this subdivision, shall be utilized or imposed,
except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-
occupant or that the property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an
accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located,
and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations
for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with
subdivision (a) receives its first application on or after July 1, 1983, an application for a permit to create an
accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or
disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size requirements for both attached and detached
accessory dwelling units. No minimum or maximum size for an accessory dwelling unit, or size based upon a
percentage of the proposed or existing primary dwelling, shall be established by ordinance for either attached or
detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local
development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not
required for the primary residence.
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(d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit
in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a
building permit to create within a single-family residential zone zone for single-family use one accessory dwelling
unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory
structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior
access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling
units shall not be required to provide fire sprinklers if they are not required for the primary residence. A city may
require owner occupancy for either the primary or the accessory dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter
5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered new residential uses by a local agency, special district, or water
corporation to be a new residential use for the purposes of calculating local agency connection fees or capacity
charges for utilities, including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local agency agency, special district, or water
corporation shall not require the applicant to install a new or separate utility connection directly between the
accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
(B) For an accessory dwelling unit that is not described in subdivision (e), a local agency agency, special district, or
water corporation may require a new or separate utility connection directly between the accessory dwelling unit and
the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that
shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number
of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of
providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of
an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of
Housing and Community Development within 60 days after adoption. The department may review and comment on
this submitted ordinance.
(i) As used in this section, the following terms mean:
(1) “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any accessory structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, “neighborhood” has the same meaning as set forth in Section 65589.5.
(4) “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 include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also
includes the following:
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(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(5) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
(6) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a
lot, lined up behind one another.
(j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of
the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code),
except that the local government shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
Government Code Section 65852.22.
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior
accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for
the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences
with a single-family residence already built on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
permitted. The owner may reside in either the remaining portion of the structure or the newly created junior
accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
(3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting
agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction may be enforced against future purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure,
and require the inclusion of an existing bedroom.
(5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second
interior doorway for sound attenuation.
(6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of
the following:
(A) A sink with a maximum waste line diameter of 1.5 inches.
(B) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or
propane gas.
(C) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior
accessory dwelling unit.
(b) (1) An ordinance shall not require additional parking as a condition to grant a permit.
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(2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of
a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable
building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local
ordinance regulating the issuance of variances or special use permits, be considered ministerially, without
discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a
permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in
connection with the issuance of a permit pursuant to this section.
(d) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not
be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city
and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling unit so long as the
ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the
single-family residence includes a junior accessory dwelling unit or not.
(e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit.
(f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related
to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that
contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-
family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(g) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained
entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
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Attachment 2: Sample ADU Ordinance
Section XXX1XXX: Purpose
This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single-
family dwellings. Such accessory dwellings contribute needed housing to the community’s housing stock. Thus,
accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning
regulations and which enhances housing opportunities, including near transit on single family lots.
Section XXX2XXX: Applicability
The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned
residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory
dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning
designation for the lot.
Section XXX3XXX: Development Standards
Accessory Structures within Existing Space
An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or
other accessory structure shall be permitted ministerially with a building permit regardless of all other standards
within the Chapter if complying with:
1. Building and safety codes
2. Independent exterior access from the existing residence
3. Sufficient side and rear setbacks for fire safety.
Accessory Structures (Attached and Detached)
General:
1. The unit is not intended for sale separate from the primary residence and may be rented.
2. The lot is zoned for residential and contains an existing, single-family dwelling.
3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling
and located on the same lot as the existing dwelling.
4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing
living area, with a maximum increase in floor area of 1,200 square feet.
5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.
6. Local building code requirements that apply to detached dwellings, as appropriate.
7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a
setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling
unit that is constructed above a garage.
9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary
residence and may employ alternative methods for fire protection.
Parking:
1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per
bedroom. These spaces may be provided as tandem parking, including on an existing driveway or in setback
areas, excluding the non-driveway front yard setback.
2. Parking is not required in the following instances:
• The accessory dwelling unit is located within one-half mile of public transit, including transit
stations and bus stations.
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• The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and
ZZZ Opportunity Area.
• The accessory dwelling unit is located within an architecturally and historically significant historic
district.
• When on-street parking permits are required but not offered to the occupant of the accessory
dwelling unit.
• When there is a car share vehicle located within one block of the accessory dwelling unit.
3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in
conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required
and may be located in any configuration on the same lot as the accessory dwelling unit.
Section XXX4XXX: Permit Requirements
ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The
Community Development Director shall issue a building permit or zoning certificate to establish an accessory
dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as
appropriate. The Community Development Director may approve an accessory dwelling unit that is not in
compliance with Section XXX3XXXX as set forth in Section XXX5XXXX. The XXXX Health Officer shall approve
an application in conformance with XXXXXX where a private sewage disposal system is being used.
Section XXX5XXX: Review Process for Accessory Structure Not Complying with
Development Standards
An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning
certificate or an administrative use permit at the discretion of the Community Development Director subject to
findings in Section XXX6XX
Section XXX6XXX: Findings
A. In order to deny an administrative use permit under Section XXX5XXX, the Community Development Director
shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce
unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an administrative use permit under Section XXX5XXX to waive required accessory dwelling
unit parking, the Community Development Director shall find that additional or new on-site parking would be
detrimental, and that granting the waiver will meet the purposes of this Chapter.
Section XXX7XXX: Definitions
(1) “Living area means the interior habitable area of a dwelling unit including basements and attics but does not
include a garage or any accessory structure.
(2) “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 include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(3) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance
of the accessory dwelling unit.
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(4) (1) “Existing Structure” for the purposes of defining an allowable space that can be converted to an ADU means
within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely
habitable under local building codes at the determination of the building official regardless of any non-compliance
with zoning standards.
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Attachment 3: Sample JADU Ordinance
Draft Junior Accessory Dwelling Units (JADU) – Flexible Housing
Findings:
1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and
low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic
environment, in building more affordable housing
2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling
units that allows spare bedrooms in homes to serve as a flexible form of infill housing
3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or
burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging
homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the
whole of the community
4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest
incomes) – generating extra revenue, allowing people facing unexpected financial obstacles to remain in their
homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage
qualification under new government guidelines; Renters – creating more low-cost housing options in the
community where they work, go to school or have family, also reducing commute time and expenses;
Municipalities – helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety
standard code compliance, providing an abundant source of affordable housing with no additional
infrastructure needed; Community - housing vital workers, decreasing traffic, creating economic growth both in
the remodeling sector and new customers for local businesses; Planet - reducing carbon emissions, using
resources more efficiently;
5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating
economically healthy, diverse, multi-generational communities;
Therefore, the following ordinance is hereby enacted:
This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the
standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of
2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the
fact that junior accessory dwelling units do not qualify as “complete independent living facilities” given that the
interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining
the single-family home status of the dwelling unit.
A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including
the standards in Table below:
1) Number of Units Allowed. Only one accessory dwelling unit or, junior accessory dwelling unit, may be
located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or
restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may
only be located on a lot which already contains one legal single-family dwelling.
2) Owner Occupancy: The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a
principal residence either the primary dwelling or the accessory dwelling, except when the home is held by
an agency such as a land trust or housing organization in an effort to create affordable housing.
3) Sale Prohibited: A junior accessory dwelling unit shall not be sold independently of the primary dwelling on
the parcel.
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4) Deed Restriction: A deed restriction shall be completed and recorded, in compliance with Section B below.
5) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit must be created within the
existing walls of an existing primary dwelling, and must include conversion of an existing bedroom.
6) Separate Entry Required: A separate exterior entry shall be provided to serve a junior accessory dwelling
unit.
7) Interior Entry Remains: The interior connection to the main living area must be maintained, but a second
door may be added for sound attenuation.
8) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, requiring and
limited to the following components:
a) A sink with a maximum waste line diameter of one-and-a-half (1.5) inches,
b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and-
twenty (120) volts or natural or propane gas, and
c) A food preparation counter and storage cabinets that are reasonable to size of the unit.
9) Parking: No additional parking is required beyond that required when the existing primary dwelling was
constructed.
Development Standards for Junior Accessory Dwelling Units
SITE OR DESIGN FEATURE SITE AND DESIGN STANDARDS
Maximum unit size 500 square feet
Setbacks As required for the primary dwelling unit
Parking No additional parking required
B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction,
approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the
pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed
restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the
recorded deed restriction shall be filed with the Department stating that:
1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;
2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development
standards;
3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence,
or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is
owned by an agency such as a land trust or housing organization in an effort to create affordable housing;
4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance
with this provision may result in legal action against the property owner, including revocation of any right to
maintain a junior accessory dwelling unit on the property.
C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed.
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D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior
accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard
may be assessed.
E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation
specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the
dwelling unit complies with development standard may be assessed.
Definitions of Specialized Terms and Phrases.
“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 include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling
unit also includes the following:
(1) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely
within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities,
or may share sanitation facilities with the existing structure.
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Attachment 4: State Standards Checklist (As of January 1, 2017)
YES/NO STATE STANDARD*
GOVERNMENT
CODE SECTION
Unit is not intended for sale separate from the primary residence and may be
rented.
65852.2(a)(1)(D)(i)
Lot is zoned for single-family or multifamily use and contains an existing, single-
family dwelling.
65852.2(a)(1)(D))ii)
Accessory dwelling unit is either attached to the existing dwelling or located
within the living area of the existing dwelling or detached from the existing
dwelling and located on the same lot as the existing dwelling.
65852.2(a)(1)(D)(iii
)
Increased floor area of an attached accessory dwelling unit does not exceed 50
percent of the existing living area, with a maximum increase in floor area of
1,200 square feet.
65852.2(a)(1)(D)(iv
)
Total area of floor space for a detached accessory dwelling unit dies not exceed
1,200 square feet.
65852.2(a)(1)(D)(v
)
Passageways are not required in conjunction with the construction of an
accessory dwelling unit.
65852.2(a)(1)(D)(vi
)
Setbacks are not required for an existing garage that is converted to an
accessory dwelling unit, and a setback of no more than five feet from the side
and rear lot lines are not required for an accessory dwelling unit that is
constructed above a garage.
65852.2(a)(1)(D)(vi
i)
(Local building code requirements that apply to detached dwellings are met, as
appropriate.
65852.2(a)(1)(D)(vi
ii)
Local health officer approval where a private sewage disposal system is being
used, if required.
65852.2(a)(1)(D)(ix
)
Parking requirements do not exceed one parking space per unit or per bedroom.
These spaces may be provided as tandem parking on an existing driveway.
65852.2(a)(1)(D)(x
)
* Other requirements may apply. See Government Code Section 65852.2
F-34
Attachment 5: Bibliography
Reports
ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.)
By United States Department of Housing and Urban Development, Office of Policy Development and Research.
(2008)
Introduction: Accessory dwelling units (ADUs) — also referred to as accessory apartments, ADUs, or granny flats
— are additional living quarters on single-family lots that are independent of the primary dwelling unit. The
separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached
from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory
restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various
types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU
legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of
Accessory Dwelling Units; and Examples of ADU Ordinances and Programs.
THE MACRO VIEW ON MICRO UNITS (46 pp.)
By Bill Whitlow, et al. – Urban Land Institute (2014)
Library Call #: H43 4.21 M33 2014
The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013
to evaluate from multiple perspectives the market performance and market acceptance of micro and small units.
RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory
Dwelling Units (76 pp.)
By Vicki Been, Benjamin Gross, and John Infranca (2014)
New York University: Furman Center for Real Estate & Urban Policy
Library Call # D55 3 I47 2014
This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of
the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York;
Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we
study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the
development of compact units in their own jurisdictions. Second, as more local governments permit or encourage
compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will.
SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications
(25 pp.)
By Jake Webmann, Alison Nemirow, and Karen Chapple (2012)
UC Berkeley: Institute of Urban and Regional Development (IURD)
Library Call # H44 1.1 S33 2012
This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages,
might be built in the East Bay, focusing on the Flatlands portions of Berkeley, El Cerrito, and Oakland. We then
investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth,
alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing
on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as
promoting carsharing programs, educating residents, and providing access to finance.
F-35
SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.)
By Jake Wegmann and Alison Nemirow (2011)
UC Berkeley: IURD
Library Call # D44 4.21 S43 2011
This literature review examines the research on both infill development in general, and secondary units in
particular, with an eye towards understanding the similarities and differences between infill as it is more
traditionally understood – i.e., the development or redevelopment of entire parcels of land in an already urbanized
area – and the incremental type of infill that secondary unit development constitutes.
YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.)
By Alison Nemirow and Karen Chapple (2012)
UC Berkeley: IURD
Library Call # H44.5 1.1 Y47 2012
This paper begins with a discussion of how to determine the development potential for secondary units, and then
provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under
current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study
(Albany, Berkeley, El Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and
procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be
relaxed.
YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.)
By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post (2011)
UC Berkeley: Center for Community Innovation.
Library Call # B92 1.1 Y47 2011
This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can
city regulations best enable their construction? And second, what is the market for secondary units? Because
parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative
transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the
San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, El Cerrito, and Richmond -- focusing on the
areas within ½ mile of five Bay Area Rapid Transit (BART) stations.
Journal Articles and Working Papers:
BACKYARD HOMES LA (17 pp.)
By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010)
Regents of the University of California, Los Angeles.
City Lab Project Book.
DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.)
By William P. Macht. Urbanland online. (June 26, 2015)
Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161.
F-36
GRANNY FLATS GAINING GROUND (2 pp.)
By Brian Barth. Planning Magazine: pp. 16-17. (April 2016)
Library Location: Serials
"HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.)
By Karen Chapple (2011)
UC Berkeley: IURD Policy Brief.
Library Call # D44 1.2 H53 2011
California’s implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting
new pressure on communities to support infill development. As metropolitan planning organizations struggle to
communicate the need for density, they should take note of strategies that make increasing density an attractive
choice for neighborhoods and regions.
HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart
growth strategy (22 pp.)
By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014)
Abstract (not available in full text): Secondary units, or separate small dwellings embedded within single-family
residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in
the United States. This study, which is situated within California’s San Francisco Bay Area, draws upon data
collected from a homeowners’ survey and a Rental Market Analysis to provide evidence that a scaled-up strategy
emphasizing one type of secondary unit – the backyard cottage – could yield substantial infill growth with minimal
public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the
sort traditionally favored in the ‘smart growth’ literature, i.e. the construction of dense multifamily housing
developments.
RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.)
By William P. Macht. Urbanland online. (March 6, 2015)
Library Location: Urbanland 74 (1/2) January/February 2015, pp. 87-91.
ADUS AND LOS ANGELES’ BROKEN PLANNING SYSTEM (4 pp.)
By CARLYLE W. Hall. The Planning Report. (April 26, 2016).
Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units.
News:
HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING
By Anthony Flint. The Atlantic-CityLab. (May 17, 2016).
In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in
already-existing accessory dwelling units.
NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.)
NLIHC (March 28, 2016)
Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor
Maggie Hassan (D) signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory
F-37
dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their
municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers.
NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.)
By Rob Poole. Shareable. (June 10, 2014).
The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support
accessory dwelling units (ADUs), also known as “in-law” or secondary units, in the city…
USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.)
By Michael Ryan. Smart Growth America. (December 12, 2014).
F-38
1
Amy Seeraty
From:GB <Bohorquez@explorential.com>
Sent:Monday, September 16, 2019 4:12 PM
To:Amy Seeraty
Subject:ADUs in RPV -
Hi Amy, I learned about ADUs and just want to inquire if this would be allowed in RPV.
Please let me know and if it is allowed, please point me to what to do / who to meet to inquire/move-forward.
Giovanni Bohorquez
11 Packet Road
RPV
C: 310-722-4582
G-1
1
Amy Seeraty
From:Eva Cicoria <cicoriae@aol.com>
Sent:Thursday, September 19, 2019 1:19 PM
To:Amy Seeraty
Cc:Ara Mihranian
Subject:Re: New News Flash Public Notice- Code Amendment (Accessory Dwelling Unit) for
rpvca.gov
Thank you, again, Amy and Ara, for the documents and the opportunity to comment on this. I do have
a couple of questions/comments seeking clarification.
Might a property owner build an ADU above an existing dwelling, rather than adjacent or detached?
In such case, it might be argued that the 16' height limit in Section 17.10.020A5, refers to the ADU
and not the total height of the underlying structure plus the ADU atop it. In other words, might not
someone argue that the existing building pad is the top of the existing structure?
Similarly, in subsection 3, it could be made more clear that the compliance requirement is taking the
sum of the existing structure and the ADU, if in fact that is the intent. Otherwise, it might be argued
that the subsection merely requires that the ADU, separate from the existing structure, must meet, for
example, the lot coverage requirements set forth elsewhere in the chapter.
Last, I'm unfamiliar with what goes into a "ministerial approval" as referenced in B.1. An ADU would
include separate bath and kitchen facilities which involve electrical and plumbing inspections. Would
those be part of any ministerial approval?
Eva
-----Original Message-----
From: Eva Cicoria <cicoriae@aol.com>
To: AmyS <AmyS@rpvca.gov>
Sent: Thu, Sep 19, 2019 10:37 am
Subject: Re: New News Flash Public Notice- Code Amendment (Accessory Dwelling Unit) for rpvca.gov
Thank you, Amy.
Eva
-----Original Message-----
From: Amy Seeraty <AmyS@rpvca.gov>
To: 'Eva Cicoria' <cicoriae@aol.com>
Cc: Ara Mihranian <AraM@rpvca.gov>
Sent: Fri, Sep 13, 2019 3:35 pm
Subject: RE: New News Flash Public Notice- Code Amendment (Accessory Dwelling Unit) for rpvca.gov
Hello-
I would be glad to. Please see the attached and let me know if you have any questions.
Sincerely,
G-2
2
From: Eva Cicoria [mailto:cicoriae@aol.com]
Sent: Thursday, September 12, 2019 1:38 PM
To: Amy Seeraty <AmyS@rpvca.gov>
Subject: Fwd: New News Flash Public Notice- Code Amendment (Accessory Dwelling Unit) for rpvca.gov
Hello Ms. Seeraty,
I'm interested in this item and wonder if you could send me the draft code amendment language.
Eva Cicoria, RPV resident
-----Original Message-----
From: Public Notices <listserv@civicplus.com>
To: cicoriae <cicoriae@aol.com>
Sent: Thu, Sep 12, 2019 8:06 am
Subject: New News Flash Public Notice- Code Amendment (Accessory Dwelling Unit) for rpvca.gov
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September 12, 2019
Public Notice- Code Amendment (Accessory Dwelling Unit)
The City Council of the City of Rancho Palos Verdes will conduct a public hearing on Tuesday, October 1,
2019, at 7:00 PM at Hesse Park Community Building, 29301...… Read on
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