PC RES 2020-011
P.C. RESOLUTION NO. 2020-11
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
(ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO UPDATE THE
DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING
UNITS AND TO CREATE DEVELOPMENT STANDARDS FOR
JUNIOR ACCESSORY DWELLING UNITS (CASE NO.
PLCA2020-0001).
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates accessory dwelling unit development; and
WHEREAS, starting in September of 2016, and most recently in September
2019, 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 October 15, 2019, the City Council passed Ordinance No. 628,
approving updates to the City’s Accessory Dwelling Unit code to address the recent bills
mentioned above, as well as the location of most of the City’s within a Very High Fire
Hazard Severity Zone; and
WHEREAS, in September 2019, the California Legislature passed five additional
bills that amended Section 65852.2 and 65852.22 of the Government Code, clarifying
and improving various sections of the Code to promote the development of ADUs and
junior accessory dwelling units “JADUs”, which were signed into law by the Governor on
January 1, 2020; and
P.C. Resolution No. 2020-11
Page 2 of 6
WHEREAS, the vast majority of the City of Rancho Palos Verdes has been
designated a Very High Fire Hazard Severity Zone; and
WHEREAS, Government Code (GC) Section 51177 defines “Very High Fire
Hazard Severity Zones” to mean areas designated by the Director of Forestry and Fire
Protection based on consistent statewide criteria on the severity of fire hazard that is
expected to prevail in those areas; and
WHEREAS, this designation requires the City of Rancho Palos to consider the
potential fire risk implications of planning decisions; and
WHEREAS, the City of Rancho Palos Verdes’ revision of the Accessory Dwelling
Unit regulations must balance the City’s interest in provided adequate housing with the
risk posed by the development of new housing in close proximity to existing housing; and
WHEREAS, the revised accessory dwelling unit regulations include requirements
related to road access, updated setbacks, and heightened parking requirements in order
to ensure that accessory dwelling units are created while maintaining safety for the
community; and
WHEREAS, on February 18, 2020, 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, City Staff, the City Attorney’s office and the Zoning Code Update
Subcommittee worked together to come up with a working draft of an updated code
section, taking into consideration the recently-passed state laws, as well as the overall
goals for the code update, which include complying as much as possible with new State
laws, while still preserving the City’s character, and ensuring that any potential impacts
of the amended code do not overwhelm the existing infrastructure; and
WHEREAS, on June 4, 2020, a notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the Planning Commission on
June 23, 2020 pursuant to the requirements of the Rancho Palos Verdes Development
Code; and
WHEREAS, while preparing the Staff Report for the Planning Commission, it came
to Staff’s attention that information about minor changes to Chapter 17.02 and Chapter
17.04, as well as the proposed JADU provisions were omitted from the public notice, and
so recommended that the public notice should be republished in order to include this
information; and
WHEREAS, on June 23, 2020 as recommended by Staff, the Planning
Commission continued the public hearing to its July 14, 2020 meeting to allow Staff to re-
issue the public notice to include the aforementioned additional information;
P.C. Resolution No. 2020-11
Page 3 of 6
WHEREAS, on June 25, 2020, a revised notice was published in the Palos Verdes
Peninsula News, providing notice of a public hearing before the Planning Commission on
July 14, 2020 pursuant to the requirements of the Rancho Palos Verdes Development
Code; and
WHEREAS, on July 14, 2020, 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 and several members of the public,
the Planning Commission voted 7-0 to continue the discussion of the proposed ADU code
amendments to the July 28, 2020 Planning Commission meeting; and,
WHEREAS, on July 28, 2020, 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 additional discussion, the Planning Commission voted 7-0 to
continue the discussion of the proposed ADU amendments to the August 11, 2020
Planning Commission meeting to allow Staff to make further modifications to the draft
ordinance; and,
WHEREAS, on August 11, 2020, 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 (Accessory Dwelling Unit
Development Standards) and 17.96 (Definitions) of Title 17 of the Rancho Palos Verdes
Municipal Code to update the development standards for accessory dwelling units, as
presented in ‘Exhibit A’.
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 replacement parking for
a garage, carport, or covered parking structure that is demolished or converted in
conjunction with the construction of an ADU, with some minimal exceptions per state law,
P.C. Resolution No. 2020-11
Page 4 of 6
and requiring at least 5 foot side and rear setbacks for a new ADU, rather than the 4 foot
maximum setback listed in California Code 65852.2.
Section 5: A new section regulating JADUs is added to the repealed and
replaced Chapter 17.10, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit
Development Standards”.
Section 6: The amendments to Chapters 17.02 (Single-Family Residential (RS)
Districts), 17.04 (Multiple-Family Residential (RM) Districts), 17.10 (Accessory Dwelling
Unit Development Standards) and 17.96 (Definitions) of the Municipal Code are consistent
with California Government Code Section 65853, zoning amendment procedures.
Section 7: 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 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends to the City Council
that 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 (ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO UPDATE THE DEVELOPMENT STANDARDS FOR ACCESSORY
DWELLING UNITS AND TO CREATE DEVELOPMENT STANDARDS FOR JUNIOR
ACCESSORY DWELLING UNITS.”
PASSED, APPROVED, AND ADOPTED this 11th day of August 2020, by the following
vote:
AYES: COMMISSIONERS CHURA, HAMILL, JAMES, SANTAROSA, VICE-
CHAIRMAN PERESTAM, AND CHAIRMAN LEON
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONER SAADATNEJADI
P.C. Resolution No. 2020-11
Page 5 of 6
_______________________
Gordon Leon
Chairman
____________________________
Ken Rukavina
Director of Community Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2020-11
Page 6 of 6
EXHIBIT “A”
DRAFT ORDINANCE NO. ___
Please see attached.
01203.0005/662119.1
ORDINANCE NO.
AN ORDINANCE 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
(ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO UPDATE THE
DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING
UNITS AND TO CREATE DEVELOPMENT STANDARDS FOR
JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the City of Rancho Palos Verdes Municipal Code Chapter 17.10
regulates accessory dwelling unit development; and
WHEREAS, in light of the housing crises, the State laws on accessory dwelling
units have been repeatedly expanded to give property owners more latitude to add new
housing units; and
WHEREAS, the Governor of the State of California signed approximately 20
housing bills in October of 2019 including Assembly Bill 68, Assembly Bill 881, and Senate
Bill 13 (collectively, the “Bills”), each of which became effective on January 1, 2020, to,
among other things, make certain clarifying changes state laws related to accessory
dwelling units and junior accessory dwelling units; 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 and junior accessory dwelling units is consistent with State law; and
WHEREAS, the vast majority of the City of Rancho Palos Verdes has been
designated a Very High Fire Hazard Severity Zone; and
WHEREAS, Government Code Section 51177 defines “Very High Fire Hazard
Severity Zones” to mean areas designated by the Director of Forestry and Fire Protection
based on consistent statewide criteria on the severity of fire hazard that is expected to
prevail in those areas; and
WHEREAS, this designation requires the City of Rancho Palos to consider the
potential fire risk implications of planning decisions; and
WHEREAS, the City of Rancho Palos Verdes’ revision of the Accessory Dwelling
Unit regulations must balance the City’s interest in providing adequate housing with the
risk posed by the development of new housing in close proximity to existing housing; and
01203.0005/662119.1
WHEREAS, the revised accessory dwelling unit regulations include requirements
related to road access, updated setbacks, and heightened parking requirements in order
to ensure that accessory dwelling units are created while maintaining safety for the
community; and
WHEREAS, on February 18, 2020, the City Council authorized the initiation of
code amendment proceedings to consider amending of Title 17 (Zoning) to update the
development standards for Accessory Dwelling Units and Junior Accessory Dwelling
Units; and
WHEREAS, on July 14, 2020, the Planning Commission conducted a duly noticed
public hearing on this Ordinance and adopted P.C. Resolution No. 2020-11,
recommending that the City Council adopt the same; and
WHEREAS, on August 13, 2020, a Public Notice was published in the Palos
Verdes Peninsula News, providing notice of a public hearing before the City Council on
September 1, 2020; and
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. 2020-__, 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 above recitals are true and correct and incorporated fully herein
by reference.
SECTION 2. The proposed code amendment is consistent with the goals and
policies of the City’s Local Coastal Plan in that the code amendments being considered
will not impact public access to the sea and will not allow improvements that may
obstruct the public’s use of the sidewalks or public streets, as any ADU or JADU would
be located within private properties. The proposed code amendment is consistent with
the goals and policies of the Housing Element of the City’s General Plan, as well, in
that allowing for ADUs and JADUs facilitates the construction of the maximum feasible
number of housing units for all income groups, in addition to providing new housing
affordable to lower income households.
SECTION 3. Section 17.96.2128 (Unit, accessory dwelling unit) of Chapter 17.96
(Definitions) of Article VIII (Administration) of Title 17 (Zoning) is renumbered and
renamed as follows:
01203.0005/662119.1
17.96. 022 Accessory dwelling unit.
SECTION 4. Section 17.96.995 (Junior accessory dwelling unit) 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:
“17.96.995 – Junior accessory dwelling unit.
‘Junior accessory dwelling unit’ or JADU means a residential dwelling unit no
more than 500 square feet in size and contained entirely within a single-family residence.
A junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure. A junior accessory dwelling unit shall include
a separate entrance from the main entrance to the proposed or existing single-family
residence. No additional parking shall be required for a junior accessory dwelling unit. This
definition shall be interpreted as consistent with the definition of accessory dwelling unit
found in Government Code section 65852.22.”
SECTION 5. Section 17.96.2225 (Very High Fire Hazard Severity Zone) 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:
“17.96.2225 – Very High Fire Hazard Severity Zone
“Very High Fire Hazard Severity Zone” means a zone as defined by Government
Code 51177 and designated by Section 8.08.060 (Very high fire hazard severity zone
map).”
SECTION 6. Subsection (A) of Section 17.02.020 (Uses and Development
Permitted) of Chapter 17.02 (Single-Family Residential Districts) of Article 1 (Residential
Districts) of Title 17 (Zoning) is repealed and replaced with the following:
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 accessory dwelling units and junior accessory dwelling units
approved pursuant to Chapter 17.10 (Accessory Dwelling Unit and Junior
Accessory Dwelling Unit Development Standards);
SECTION 7. Subsection (A) of Section 17.04.020 (Uses and Development
Permitted) of Chapter 17.04 (Multiple-Family Residential Districts) of Article 1
(Residential Districts) of Title 17 (Zoning) is repealed and replaced with the following:
A. Single-family and multiple-family residential and associated accessory
structures, including accessory dwelling units and junior accessory dwelling units
01203.0005/662119.1
allowed pursuant to Chapter 17.10 (Accessory Dwelling Unit and Junior
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 8. Subsection (B)(1)(i) of Section 17.02.030 (Uses and Development
Permitted by Conditional Use Permits) of Chapter 17.02 (Single-Family Residential
Districts) of Article 1 (Residential Districts) of Title 17 (Zoning) is deleted.
SECTION 9. Subsection (E)(4) of Section 17.02.030 (Uses and Development
Permitted by Conditional Use Permits) of Chapter 17.02 (Single-Family Residential
Districts) of Article 1 (Residential Districts) of Title 17 (Zoning) is repealed and replaced
with the following:
4. In addition to the parking requirements for the primary single-family residence on
a property, parking for city-approved accessory dwelling units shall be provided
in accordance with Chapter 17.10 (Accessory Dwelling Unit and Junior Accessory
Dwelling Unit Development Standards).
SECTION 10. Chapter 17.10, (Accessory Dwelling Unit Development
Standards), of Article I (Residential Districts) Title 17 (Zoning) of the Rancho Palos
Verdes Municipal Code is repealed and replaced with the following:
Chapter 17.10 - ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT STANDARDS
17.10.010 - Purpose.
This chapter provides standards for the development and maintenance of accessory
dwelling units and junior accessory dwelling units, in accordance with California State
Government Code Sections 65852.2 and 65852.22. A substantial portion of the City of
Rancho Palos Verdes is located in a designated “Very High Fire Hazard Severity zZone”
(see Section 8.08.060), and this chapter ensures that accessory dwelling units and
junior 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 or junior 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 Unit and Junior Accessory Dwelling Unit
Development Standards.
01203.0005/662119.1
An accessory dwelling unit generally takes one of 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. Number of accessory dwelling units or junior accessory dwelling units per lot
1. For a lot with an existing or proposed single-family residence structure, no more
than one accessory dwelling unit and one junior accessory dwelling unit are
allowed.
2. For a lot with an existing multiple-family residential structure, at least one
accessory dwelling unit and/or junior accessory dwelling unit, but no more than a
number equaling 25% of the existing dwelling units, rounded down, may be
allowed within the portions of the existing multiple-family residential structure that
are not used as livable space, including, but not limited to, storage rooms, boiler
rooms, passageways, attics, basements, or garages. An accessory dwelling unit
or junior accessory dwelling unit will only be allowed if the space has been
converted to a livable space and has been granted a certificate of occupancy. In
addition to any accessory dwelling units or junior accessory dwelling units
constructed within the existing multiple-family residential structure, no more than
two detached accessory dwelling units may be allowed on a lot that has an
existing multiple-family residential structure.
B. A new accessory dwelling unit or junior accessory dwelling unit shall adhere to the
following standards:
1. The lot on which an accessory dwelling unit or junior 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 or
junior 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 and setbacks.
4. The total area of floor space for a detached accessory dwelling unit shall not
exceed 850 square feet, or 1,000 square feet if the accessory dwelling unit
01203.0005/662119.1
contains more than one bedroom. The total area of floor space for an attached
accessory dwelling unit, excluding any required garage space for the accessory
dwelling unit, shall not exceed the lesser of the following: a) 50 percent of the
primary residence’s main building floor area (including any existing primary
residence garage area); b.i) 850 square feet for an accessory dwelling unit with
one bedroom; or b.ii) 1,000 square feet if the accessory dwelling unit contains
more than one bedroom.
5. Whether attached to or detached from the primary dwelling unit, a new accessory
dwelling unit, and the new junior accessory dwelling unit shall not exceed 16 feet
in height. 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 gr ade where the lowest foundation or slab meets
finished grade, to the ridgeline or highest point of the accessory
dwelling unit.
6. All accessory dwelling units or junior accessory dwelling units shall comply with
the following objective architectural standards:
a. The accessory dwelling unit or junior accessory dwelling unit shall be
architecturally consistent with the primary residence, such that it
matches the primary residence in the use of complimentary color
palettes, exterior finishes, and matching roof pitch from all sides. The
roof slope must match that of the dominant roof slope of the primary
dwelling. The dominant roof slope is the slope shared by the largest
portion of the roof.
b. Any garage door shall be removed from a garage or other accessory
structure that is converted to an accessory dwelling unit or junior
accessory dwelling unit, and the opening shall be treated and finished
to match the primary residence.
c. The accessory dwelling unit or junior accessory dwelling unit shall
provide privacy mitigation measures including:
i. The entrance to the accessory dwelling unit or junior accessory
dwelling unit faces away from the nearest, adjacent property; and
ii. The accessory dwelling unit or junior accessory dwelling unit
shall have windows at or above six (6) feet on any facades that
face any adjacent properties; and
01203.0005/662119.1
d. A detached accessory dwelling unit shall be located behind the primary
residence, and be clearly subordinate to the primary residence in both
in height and width. If it is not legally and/or physically possible for a
detached accessory dwelling unit to be built behind the primary
residence, then it may be built in front or to the side of the primary
residence subject to a minimum front setback of 25 feet or a minimum
side setback of 10 feet.
e. No entry to an accessory dwelling unit or junior accessory dwelling unit
shall be visible from the public right-of-way.
f. Roof decks shall not be permitted on a detached accessory dwelling
unit.
g. The exterior lighting must comply with Section 17.56.030 of this code.
7. Exterior stairs leading to an accessory dwelling unit or junior accessory
dwelling unit located on the second level of a primary dwelling unit shall be
allowed, when compliant with all other applicable development standards.
8. The accessory dwelling unit (attached or detached) 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.
9. The accessory dwelling unit or junior accessory dwelling unit may be located
on a lot or parcel which is served by a public sanitary sewer system. An
accessory dwelling unit or junior 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
Building and Safety Division permit issuance.
10. Accessory dwelling units or junior accessory dwelling units shall not be
considered to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service.
11. A minimum of one parking space, which may be enclosed, 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 parking may be located tandem to the
required parking for the primary residence. No parking spaces are required
for an accessory dwelling unit if any of the following apply:
01203.0005/662119.1
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.
12. 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.
13. An accessory dwelling unit or junior 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).
14. Except for an accessory dwelling unit within an existing space, an accessory
dwelling unit or junior accessory dwelling unit shall provide a minimum setback
of 5 feet from the side and rear lot lines.
15. Accessory dwelling units or junior accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the primary
residence.
16. Accessory dwelling units or junior accessory dwelling units shall not be
required to install a new or separate utility connection directly between the
accessory dwelling unit or junior accessory dwelling unit and the utility, or to
pay a related connection fee or capacity charge.
17. Accessory dwelling units or junior accessory dwelling units shall comply with
the grading standards described in Section 17.76.040, except when proposed
as part of an existing, approved structure.
18. An accessory dwelling unit or junior accessory dwelling unit shall be prohibited
on an extreme slope pursuant to Section 17.48.060, except when proposed as
part of an existing, approved structure.
C. Very High Fire Hazard Severity Zone.
01203.0005/662119.1
1. Where a lot or any portion thereof is located within a Very High Fire Hazard
Severity Zone, an accessory dwelling unit shall be prohibited on the lot unless the
lot has two distinct means of vehicular access (a street) that meets the following
requirement:
a. The two distinct means of vehicular access, as measured from the lot to
the point of intersection with a street, shall not overlap with each other.
2. Detached accessory dwelling units built within a Very High Fire Hazard Severity
Zone must maintain a 10 foot separation between the accessory dwelling unit and
any other structure.
3. Notwithstanding Subsection C.1 above, accessory dwelling units shall be
permitted on lots with a single means of vehicular access if such lots front a street
with at least four total lanes of traffic and vehicles back directly onto that street.
4. Detached accessory dwelling units located within a Very High Fire Hazard
Severity Zone shall provide a minimum setback of 5 feet from the side and rear
lot lines.
5. For a garage, carport, or covered parking structure located within a Very High Fire
Hazard Severity Zone that is converted to an accessory dwelling unit,
replacement parking spaces shall be required that comply with the minimum
number of spaces and dimensions stated in subsection 17.02.030(E). However,
the replacement parking spaces need not be enclosed.
D. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or Detached
Accessory Structure and Junior Accessory Dwelling Unit within Existing Space of a
Primary Dwelling Unit
1. 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.
2. No new setbacks shall be required for an existing garage, carport, or covered
parking structure that is converted to an accessory dwelling unit or junior
accessory dwelling unit within the same footprint.
3. For a garage, carport, or covered parking structure that is converted to an
accessory dwelling unit or junior accessory dwelling unit, the replacement
spaces can be located in any other configuration on the same lot as the
accessory dwelling unit or 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.
01203.0005/662119.1
17.10.030 – Junior Accessory Dwelling Units
A. A junior accessory dwelling unit is a secondary dwelling unit with living facilities for
one or more persons within the interior of an existing or proposed single-family
residence. A junior accessory dwelling unit shall adhere to the following standards, in
addition to the development standards in Section 17.10.020(B):
1. 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.
2. The total area of floor space for a junior accessory dwelling unit shall not exceed
500 square feet.
3. 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.
4. A junior accessory dwelling unit must be constructed within the walls of the
proposed or existing single-family residence.
5. The junior accessory dwelling unit shall include a separate entrance from the main
entrance to the proposed or existing single family residence.
6. The junior accessory dwelling unit shall include an efficiency kitchen, which shall
include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
7. No additional parking shall be required for a junior accessory dwelling unit.
B. 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
if the junior accessory dwelling unit complies with the application therefore, and
applicable building standards.
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.
E. For the purposes of providing service for water, sewer, or power, including a connection
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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.
17.10.040 – Approval Process.
A. Accessory dwelling units or junior 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 or junior 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 or junior accessory dwelling unit that meets all applicable
standards described in this chapter shall be processed minister ially within 60 days
after receiving a completed application. If the completed application is submitted
with a permit application to create a new single-family dwelling on the lot, the
completed application may be delayed until the single family dwelling application is
acted upon. If an applicant requests a delay, the 60-day time period may be tolled
for the period of the delay.
C. Accessory dwelling units shall not be used to increase the lot coverage beyond that
permitted by the Zoning Code. To that end, any new accessory dwelling unit or
junior accessory dwelling unit may not be converted to primary dwelling unit space
for a minimum of 20 years from construction.
D. The filing fee for an accessory dwelling unit or junior accessory dwelling unit
application shall be as established by resolution of the city council.
E. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or
Detached Accessory Structure and Junior Accessory Dwelling Unit within Existing
Space of a Primary Dwelling Unit:
1. The City shall ministerially approve an application for an accessory
dwelling unit if the unit satisfies the following: 1) is contained within the
existing space of a primary dwelling unit or detached accessory structure;
2) has independent exterior access from the existing dwelling unit; and 3)
the side and rear setbacks are sufficient for fire safety (as may be
determined by the Los Angeles County Fire Department).
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2. The City shall ministerially approve an application to create one junior
accessory dwelling unit if the unit satisfies the following: 1) is contained
within the existing space of a primary dwelling unit; 2) has an existing or
proposed independent exterior access from the existing dwelling unit; and
3) all setbacks are sufficient for fire safety (as may be determined by the
Los Angeles County Fire Department).
3. For the purposes of this section, an accessory dwelling unit or junior
accessory dwelling may be considered solely within the existing space of
another structure if it includes an expansion of not more than 150 square
feet beyond the same physical dimensions of the existing structure, as long
as that expansion beyond the physical dimensions of the existing structure
is only for accommodating ingress and egress and does not exceed 16 feet
in height.
17.10.040 - Use covenant and restriction.
A. Prior to the issuance of a certificate of occupancy for an approved accessory
dwelling unit or junior 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 sufficient to ensure that the accessory dwelling unit or
junior accessory dwelling unit will be constructed and maintained pursuant to
this Section protect the health, safety, and welfare of the residents of the City,
and a statement that the owner agrees to all such conditions.
2. A prohibition on the sale of the accessory dwelling unit or junior 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 or junior
accessory dwelling unit must conform with this chapter.
17.10.060 - Revocation.
If the site plan review application and/or any other permit issued for the accessory
dwelling unit or junior 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 permit for the accessory dwelling
unit or junior accessory dwelling unit has been revoked, and the property owner shall
forthwith convert the accessory dwelling unit or junior accessory dwelling unit to a legal
structure or shall demolish such structure.
SECTION 11. 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
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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 12. 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 13. 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 14. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020.
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____________, 2020, was
duly adopted by the City Council of said City at a regular meeting thereof held on
________, 2020, and that the same was passed and adopted by the following roll call
vote:
01203.0005/662119.1
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk