PC RES 2019-022 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 before 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.
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 Resolution are true and
correct and incorporated herein by reference as though set forth in full.
Section 2: The Planning Commission has reviewed and considered the
proposed code amendments to 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
P.C. Resolution No. 2019-22
Page 2 of 4
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." (PLCA2OI9-0006).
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
Ar'W A ICP
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2019-22
Page 3 of 4
EXHIBIT "A"
DRAFT ORDINANCE NO. -
Please see attached.
P.C. Resolution No. 2019-22
Page 4 of 4
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 City
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 bathrooms 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;
c. 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,endosed
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 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this day of , 2019.
Mayor
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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
01203.0005/571495.2