ORD 628 ORDINANCE NO. 628
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
prevent tandem parking that may block egress in case of fire; and,
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; 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.
Ordinance No. 628
Page 2 of 9
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:
"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."
Ordinance No. 628
Page 3 of 9
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 (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 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.
Ordinance No. 628
Page 4 of 9
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, 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 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.
Ordinance No. 628
Page 5 of 9
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 enclosed and
tandem to the required enclosed parking for the primary residence. No parking
spaces are required for an accessory dwelling unit, whether within or outside of a
Very High Fire Hazard Severity Zone, 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
Ordinance No. 628
Page 6 of 9
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
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.
Ordinance No. 628
Page 7 of 9
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.
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
Ordinance No. 628
Page 8 of 9
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 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this 15th day of October 2019.
_„A IA._
I 0 Mayor
Attest:
CIi‘g'ete(1--
City terk
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. 628 passed first reading on October 1, 2019, was duly adopted by the City
Council of said City at a regular meeting thereof held on October 15, 2019, and that the
same was passed and adopted by the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: None
•CL412.1e11:4'
City Clerk
Ordinance No. 628
Page 9 of 9
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on October 16, 2019, she caused to be posted the following document
entitled: ORDINANCE NO. 628, 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, copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the fore•4ng is a true and correct affidavit of
posting.
qi)b.„ ,
4WD Clerk