CC SR 20200901 01 - ADU Code Amendment
PUBLIC HEARING
Date: September 1, 2020
Subject:
Consideration and possible action to amend Chapters 17.02 (Single-Family Residential (RS) Districts),
17.04 (Multiple-Family Residential (RM) Districts), and 17.96 (Definitions), and repeal and replace
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).
Recommendation:
(1) Review the draft ordinance incorporating the Planning Commission’s and Staff’s
recommendations regarding code amendments to 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 updates;
(2) Provide direction to staff regarding the proposed code amendments ; and
(3) Continue the public hearing to the September 15, 2020 City Council meeting to provide staff
an opportunity to incorporate any text changes to the draft ordinance for City Council’s
consideration.
1. Report of Notice Given: Deputy City Clerk
2. Declare Public Hearing Open: Mayor Cruikshank
3. Request for Staff Report: Mayor Cruikshank
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 spea kers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Cruikshank
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.
01203.0005/665194.1
CITY COUNCIL MEETING DATE: 09/01/2020
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to amend Chapters 17.02 (Single-Family Residential
(RS) Districts), 17.04 (Multiple-Family Residential (RM) Districts), and 17.96
(Definitions), and repeal and replace 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).
RECOMMENDED COUNCIL ACTION:
(1) Review the draft ordinance incorporating the Planning Commission’s and Staff’s
recommendations regarding code amendments to 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 accessor y dwelling
units updates;
(2) Provide direction to staff regarding the proposed code amendments; and
(3) Continue the public hearing to the September 15, 2020 City Council meeting to
provide staff an opportunity to incorporate any text changes to the draft
ordinance for City Council’s consideration.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Amy Seeraty, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No.__ (page A-1)
B. Draft Ordinance with Strikeouts and Bold/Underlines (page B-1)
C. Table with State Requirements vs. City Proposals (page C-1)
D. Planning Commission Resolution No. 2020-11 (page D-1)
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E. California State Code Section 65852.2 (page E-1)
F. California State Code Section 65852.22 (page F-1)
G. Chapter 17.10 of the RPVMC (Accessory Dwelling Unit Development
Standards) (page G-1)
H. 2020 Accessory Dwelling Unit Memorandum prepared by the California
Department of Housing and Community Development (page H-1)
I. Los Angeles County Fire Hazard Severity Zone Map (page I-1)
To view the July 14, July 28 and August 11, 2020 Planning Commission staff reports,
click on the following links:
July 14 (includes February 18, 2020 City Council Initiation report):
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3701&meta_id=84578
July 28:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3706&meta_id=84902
August 11:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3714&meta_id=85453
BACKGROUND AND DISCUSSION:
Between 2016 and 2019, then-Governor Brown signed bills into law aimed at
addressing the state’s housing crisis, some of which sought to facilitate the
development of accessory dwelling units (ADUs). In response, in June 2019, the City
Council initiated code amendment proceedings to amend the Rancho Palos Verdes
Municipal Code (RPVMC) to update the City’s ADU standards. In October 2019, after
obtaining input from the Planning Commission and the public, the City Council approved
Ordinance No. 628, which, among other things, did the following:
Renamed “Second Unit” in Chapters 8.24, 17.02, 17.04, 17.10 and 17.96 as
“Accessory Dwelling Unit”
Allowed one ADU per single-family residential lot which contains a single-family
dwelling with a Minor Site Plan Review Permit, subject to certain criteria.
Updated the maximum allowed floor area for attached ADUs.
Clarified 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.
Provided exemptions to the parking requirement for some ADUs, most notably
that no additional parking is required for attached ADUs under certain
circumstances.
Added a 120-day time limit for approval of certain ADUs.
In January 2020, Governor Newsom approved additional housing bills, five of which
included provisions for ADUs and junior accessory dwelling units (JADUs). A JADU is a
unit that is no more than 500 square feet in size and contained entirely within an
existing a single-family residence (includes garage). A JADU may include separate
sanitation facilities, or may share sanitation facilities with the existing structure.
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In response to the new housing bills, on February 18, 2020, the City Council initiated
code amendment proceedings to consider amending Chapter 17.10 (Accessory
Dwelling Unit Development Standards) and 17.96 (Definitions) of Title 17 (Zoning) to
update the development standards for ADUs. This process required that the Planning
Commission review the proposed code language and forward a recommendation to the
City Council for its consideration.
Staff worked with the Planning Commission’s Zoning Code Update Subcommittee
(Commissioners Hamill, Chura, and Saadatnejadi) and the City Attorney’s Office to
come up with a working draft of updated code sections, taking into consideration the
recently-passed state laws, as well as the overall goals for the code update, which
include complying to the maximum extent possible with new state laws, while preserving
the City’s character, and also ensuring that impacts of the amended code do not
overwhelm the City’s existing infrastructure. This draft code was then presented to the
entire Planning Commission.
Accordingly, after considering all testimony at duly-noticed public hearings on July 14,
July 28, and August 11, 2020, the Planning Commission adopted P.C. Resolution
No. 2020-11 (Attachment D), 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 and to create
development standards for JADUs.
Summary of Proposed Code Amendments
Chapter 17.10 of the RPVMC allows ADUs within the City’s single-family (RS) and
multi-family (RM) residential zoning districts subject to certain development standards,
which is consistent with the previous version of the Government Code that existed prior
to the recently-passed state laws. To assist in understanding new ADU state laws, the
California Department of Housing and Community Development prepared the 2020
Accessory Dwelling Unit Memorandum (Attachment H), which provides a helpful bullet
point list of the recent salient changes to ADU laws, as well the changes to the relevant
Government Code language.
In order to achieve consistency with the newest state laws pertaining to ADUs,
amendments to the City’s ADU ordinance are required. A clean version of the Planning
Commission-recommended draft ordinance (with no track changes) has been attached
to this report (Attachment A) along with a strikethrough version (with track changes)
(Attachment B). The Planning Commission-recommended code amendments are
summarized in italics below, followed by a discussion of each recommended
amendment. It should be noted that Staff is providing some code amendment
alternatives for City Council consideration, as compared to what is being recommended
by the Planning Commission. The proposed language and reasoning behind these
alternatives are discussed within the pertinent sections as follows:
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1. Relocation of the “Accessory Dwelling Unit” Definition in Chapter 17.96.
Currently, the definition of an ADU is located within Chapter 17.96 under “Unit,
Accessory Dwelling.” The Planning Commission recommends relocating this
definition to a more intuitive location, just after “Access,” as “Accessory Dwelling
Unit.”
2. Updated number of ADUs and JADUs on properties with single and multiple
family residential structures.
The RPVMC allows one ADU per residential lot. The Planning Commission
recommends the City Council update the code, pursuant to the recently passed
bills, to allow one ADU and one JADU per lot with an existing or proposed single -
family residential structure as well as at least one of each type of unit on a lot
with an existing multiple-family residential structure, subject to certain
restrictions.
3. Addition of the term “Junior Accessory Dwelling Unit” to Chapters 17.02, 17.04,
17.10 and 17.96.
The Planning Commission recommends that the term “junior accessory dwelling
unit” be added throughout Title 17 for consistency with state law to the applicable
sections, which already discuss ADUs. A definition of a JADU will also be
included in Chapter 17.96, along with Chapter 17.10, where applicable, and a
new JADU section (17.10.030) has been added, which is discussed further
below.
4. Establish development standards for JADUs.
In September 2016, Assembly Bill No. 2406 added Government Code Section
65852.22 to allow a local agency the option to permit JADUs. These units share
central systems, require no fire separation, and have a basic kitchen. They
present no additional stress on utility services or infrastructure because they
simply repurpose spare space within the existing or propose d residence or
garage that does not expand the home’s occupancy. No additional address is
required on the property because an interior connection to the primary dwelling
unit remains. As part of the previous ADU code amendment in 2019, Staff
presented the option to create a new JADU section in the City’s Municipal Code.
However, as the creation of a separate JADU section was not required by the
state at that time, the Planning Commission opted to not recommend creation of
a new JADU code section as part of that particular code update. The Planning
Commission acknowledged it would have another opportunity to review this
option as part of a likely upcoming further code update, as the recently passed
housing bills referenced above were approved around that same time.
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However, due to the continued housing crisis, the City’s continued need to meet
the state-allocated fifth cycle Regional Housing Needs Assessment (RHNA)
numbers, and the fact that a resident can still request to permit a JADU per the
state code; the Planning Commission recommended that a new JADU section be
created to formalize these standards at this time. The proposed code
amendment allows up to one JADU to be located on a single-family residential-
zoned lot with an existing or proposed single-family residence, and potentially
multiple JADUs on lots with existing multiple-family residential structures,
subject to certain requirements.
5. Addition of a “Very High Fire Hazard Severity Zone” definition and section.
The term “Very High Fire Hazard Severity Zone” (referred to as Fire Hazard
Zone) was added to the ADU code as part of the previous code amendment, but
no definition was added to Title 17 at that time, only a reference to RPVMC
Section 8.08.060 - “Very high fire hazard severity zone map.” For additional
clarity, the Planning Commission recommends that a definition of the term “Very
High Fire Hazard Severity Zone” be added to Chapter 17.96.
A new code section (17.10.020.C) is also proposed as part of the Planning
Commission-recommended code amendments, which describes additional
restrictions for ADUs in order to address the very high fire danger that exists for
most of the City, as shown on the attached City Council Ordinance No. 472,
which includes the Los Angeles County Fire Hazard Severity Zone Map
(Attachment I). This includes, but is not limited to, limiting ADUs to neighborhood
that have at least two distinct means of vehicular access that are at least 24 feet
in width. Based on the conversation leading to the majority of the Planning
Commission making this recommendation, this requirement was included in
order to ensure that there is not a proliferation of ADUs that would cause issues
with egress from a neighborhood during an emergency and where there are
limited evacuation routes. JADUs are not proposed to be included in this
prohibition.
This proposed restriction would prohibit ADUs in many areas of the City that do
not meet the specified vehicular access requirements. The proposed dual access
requirement will prohibit ADUs in the majority of the east side of the City along
Palos Verdes Drive East north of Crest Road, properties accessing Crest Road
to the east, the north end of Crest Road, along most streets accessing Miraleste
Drive, the Caddington Drive area, and all cul-de-sac streets throughout the City.
Many lots in these areas can accommodate an ADU under the current version of
the code because lot coverage has not yet been exceeded. Conversely, in the
areas of the City with smaller lots where lot coverage is already m aximized,
ADUs will be allowed under the proposed version of the code in order to be
compliant with state law. For this reason, Staff proposes an alternative option to
allow ADUs in areas with only one means of access through a discretionary
process such as a Director-level review or a new discretionary permit created
solely for ADUs. It should be noted that this proposal is different from what is
recommended by the Planning Commission in the attached ordinance. Staff
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believes this could temper the safety concerns associated with limited egress as
this alternative recommendation would serve to address any potential issues
raised by the proposed ADU, including but not limited to density, parking,
setbacks, and landscaping, as well as aesthetics. Staff seeks the City Council’s
input regarding whether it would be amenable to this potential revision to the
proposed ordinance, which would create an option for residents in these more
restricted areas to apply for an ADU, while striving to address public safety
concerns and ensuring the character of the neighborhood.
Staff has attempted to consult with the Los Angeles County Fire Department and
Cal Fire to determine their thoughts and/or recommendations regarding the
proposed code language regarding access, but thus far has not been able to
obtain this information.
The Planning Commission also recommends that a detached ADU within a High
Fire Hazard Zone provide a minimum setback of 5 feet from side and rear lot
lines and provide a separation of at least 10 feet from all other structures of the
property.
6. Replacement parking requirement for primary dwelling.
The RPVMC requires enclosed replacement parking spaces to be provided
(consistent with subsection 17.02.030(E)) for a converted garage, carport, or
covered parking structure located within a designated High Fire Hazard Zone.
Part of Assembly Bill No. 881 prohibits a local agency from requiring off-street
parking spaces when a garage, carport, or covered parking structure is
demolished or converted into an ADU.
To try to adhere more closely to the state code, while maintaining onsite parking
within and outside of the City’s High Fire Hazard Zone, and in response to
numerous public comments voicing concerns about the enclosed replacement
parking space requirement, the Planning Commission recommends that the
replacement spaces for a converted garage may be unenclosed. However, due
to the City’s location within the High Fire Hazard Zone, Staff proposes that if a
garage, carport, or covered parking structure located within this zone is
converted, that enclosed replacement parking spaces continue to be provided, as
required by the RPVMC. Staff also proposes that the replacement parking spaces
for properties outside of the High Fire Hazard Zone would also be enclosed, and
would continue to be allowed tandem to the required parking for the primary
residence.
Similarly, the Planning Commission proposes that the parking space for an ADU
may be unenclosed, while Staff proposes that the required parking space for an
ADU within the High Fire Hazard Zone continues to be enclosed.
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7. Clarify grading standards for ADUs and JADUs.
RPVMC Section 17.48.060 states that there shall be no development or
construction of any structure on any extreme slope (grade of 35% or greater). To
address concerns regarding the potential impacts of ADUs because of geological
issues located throughout the City, especially in the City’s landslide area, the
Planning Commission recommends two sections be added to the development
standards for ADUs and JADUs, which specify that ADUs shall comply with the
grading standards described in the grading permit section of the RPVMC
(17.76.040), and that an ADU or JADU shall not be located on an extreme slope,
unless it is proposed within an existing permitted structure. This language is
proposed to be slightly clarified from what is recommended by the Planning
Commission, as shown in the new code excerpt recommended by the Planning
Commission below, shown in strikeout of removed text and bold/underlined for
new proposed text:
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 within 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 within an existing, approved structure.
8. Update the maximum allowed floor area for attached and detached ADUs.
The RPVMC currently limits the maximum floor area for an attached accessory
dwelling unit, excluding any required garage space, to 50% of the primary
residence or 1,200 ft2, whichever is less. The proposed code amendment,
consistent with state law, would allow the attached unit to measure up to 50% of
the primary residence’s main building floor area, or 850 ft2 for an ADU with one
bedroom, or up to 1,000 ft2 for an ADU with more than one bedroom, whichever is
less.
Similarly, the RPVMC currently limits detached ADUs to 1,200ft 2. The proposed
code amendment would allow a detached ADU of up to 850ft 2 for an ADU with
one bedroom, or 1,000 ft2 for an ADU with two bedrooms.
9. Eliminate lot coverage requirement for ADUs.
The RPVMC currently states that ADUs must comply with all applicable site
development standards, including height, setbacks, and lot coverage. New state
law prohibits a jurisdiction from imposing lot coverage standards. The proposed
code amendment removes this development requirement, which means that if a
proposed ADU would cause the property to exceed the maximum required lot
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coverage, it may still be approved, if it meets all other requirements. An
additional section has been added to the “Approval Process” code section
(17.10.040(C)) to prevent an applicant from permitting ADUs, which may exceed
the maximum allowable lot coverage, and later converting that ADU into primary
dwelling unit space.
10. Change required side and rear setbacks.
The RPVMC currently requires that any new ADU complies with the standard
setbacks for the zoning district in which the proposed structure is located.
However, new state laws require that a side and rear setback of no more than 4
feet shall be required for a new ADU. However, due to the City’s location within
the Very High Fire Hazard Zone, and to allow to adequate Fire Department
access, the Planning Commission is recommending a side and rear setback of at
least 5 feet. Front and street side setbacks shall remain as required in the
Municipal Code.
11. Modify the height requirement for ADUs.
The RPVMC requires that ADUs not exceed to 16 feet in height, unless a Height
Variation permit is granted to potentially allow an ADU up to 26 feet in height.
The Planning Commission recommends that this section of the code be changed
to eliminate the option for an ADU over 16 feet in height. This is to address any
future possible neighborhood compatibility concerns that could be triggered by a
two-story ADU, or an ADU proposed over a garage.
12. Replace neighborhood compatibility trigger of 12 feet in height with objective
architectural standards.
The RPVMC only requires neighborhood compatibility review for an ADU if the
proposed structure exceeds 12 feet in height, or if it exceeds the cumulative
square footage thresholds for the entire property, as described in RPVMC
Section 17.02.030.B. However, this neighborhood compatibility review is
subjective. W hile staff works to ensure that a proposed structure is compatible
with the neighborhood in regard to size, bulk, mass, scale, architectural styles
and colors, etc., the code does not include specific, measurable, or architectural
standards. To address this issue, and to ensure that the applicability of
neighborhood character analysis as it relates to new ADUs be preserved, while
modifying the City’s ADU code to be more in compliance with the state codes,
the Planning Commission recommends various objective architectural standards
in proposed RPVMC Section 17.10.020(B)(6) to address these concerns about
neighborhood character, privacy, etc. Among other things, these standards would
require that the ADU or JADU match the primary residence in the use of
complimentary colors, exterior finishes and roof pitch. The proposed code
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language also includes various measures for privacy mitigation, and screening of
the ADU.
The Planning Commission also recommends that a detached ADU be located
behind the primary residence, and if that is not physically or legally possible, that
the ADU can be built in the front of or to the side of the primary residence,
subject to larger setbacks. However, after the August 11, 2020 Planning
Commission meeting, Staff realized that the proposed larger (10-feet-wide) side
setback was inconsistent with the other side setback of 5 feet referenced in
proposed RPVMC Section 17.10.020(B)(14). To resolve this discrepancy, Staff
suggests the City Council maintain the larger front yard setback requirement for a
detached ADU located in front of the primary residence, but delete the 10-feet-
wide side yard setback requirement for detached ADUs located to the side of the
primary residence.
13. Modify the time limit for ADU approval from 120 days to 60 days.
The previous code amendment added a timeline that required the City to process
and render a decision on all ADUs applications within 120 days after receiving an
application. However, recently approved Assembly Bill No. 68 requires the City to
provide for ministerial approval or denial of a permit application within 60 days
from the date the City receives a completed application, if there is an existing
single-family or multifamily dwelling on the lot. The proposed amendment would
update the code to reflect this new timeline.
14. Relocate and reorganize language about ADUs and JADUs within existing
spaces.
Language related to the development standards, fire sprinklers, and parking, etc.
for ADUs and JADUs proposed within existing spaces are proposed to be
relocated from RPVMC Section 17.10.020.B (Accessory Dwelling Unit within
Existing Space of a Primary Dwelling Unit or Detached Accessory Structure ), to
the proposed Sections 17.10.020(B), D and E, to be located within more
pertinent sections.
15. Modify owner occupancy requirements.
The RPVMC requires that either the primary dwelling unit or ADU be owner
occupied in order for the ADU to qualify for and maintain the right to have an
occupancy certification. The Planning Commission recommends this requirement
be eliminated pursuant to Senate Bill No. 13, which states that local agencies
cannot require owner occupancy until January 1, 2025.
16. Allow one ADU per single-family residential lot which contains a single-family
dwelling with a Ministerial permit process, subject to certain criteria.
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The previous code amendment created a category of ADU, which could be
processed ministerially if proposed within the existing space of a primary
dwelling unit or detached accessory structure, and if it met certain development
standards such as, but not limited to, maintaining independent exterior access
from the existing dwelling unit and side and rear setbacks suff icient for fire
safety. No parking would be required for an ADU developed in this manner.
Pursuant to the recent state bills, the Planning Commission recommends a
code amendment that allows an ADU or JADU to be processed ministerially per
these same standards, but also allows an expansion of not more than 150
square feet beyond the physical dimensions of an existing accessory structure,
as long as that space is only for accommodating ingress and egress for the
ADU or JADU. Even within the Very High Fire Hazard Zone, no parking would
be required for ADUs that meet these requirements. However, ADUs that
exceed the minimum/required development standards would be subject to
discretionary review.
Given the discussion above, Staff and the Planning Commission believe the proposed
code amendments are consistent with the goals and policies of the City’s Coastal
Specific Plan. The code amendments being considered will not impact public access to
the sea and will not allow improvements that could obstruct the publi c’s use of the
sidewalks or public streets, as any ADU or JADU would be located within private
properties. The code amendments would also be consistent with the goals and policies
of the Housing Element of the City’s General Plan, in that allowing for ADUs and JADUs
facilitates construction of the maximum feasible number of housing units for all income
groups, in addition to providing new housing affordable to lower-income households.
Staff recommends the City Council review the Planning Commission-recommended
code amendments with Staff’s alternative code language related to providing a
discretionary process to potentially allow ADUs in areas with restricted access, requiring
enclosed parking for the ADU and the main residence, and eliminating the 10-feet-wide
side setback if a detached ADU is located to the side of an existing residence, as well
as to collect public comments. Based on the City Council’s direction, Staff will update
the proposed code amendment and bring it back at the September 15 City Council
meeting for further review and adoption consideration. As added reference material,
Staff has prepared a chart, which summarizes different aspects of the state code, the
recommended code amendments, and a brief code amendment explanation
(Attachment C).
Regional Housing Needs Assessment (RHNA)
In addition to state ADU regulations, the City is subject to RHNA mandated as part of the
periodic process of updating local jurisdictions’ general plan housing elements. The
City’s General Plan Housing Element identifies ADUs as a way to meet the City’s
affordable housing requirements under the RHNA. Therefore, amending the City’s ADU
development standards to comply with state law will put the City in a better position to
meet its RHNA allocation numbers for the current fifth cycle, which ends in 2021, as well
as the upcoming sixth cycle, which will cover the planning period of 2021 -2029.
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Planning Commission Representation
The Chair of the Planning Commission has been asked to participate in the public
hearing on September 1 to provide the City Council with added background on their
recommendations. If the Chair is unavailable, the Vice-chair or another Commissioner
will be asked to participate.
Public Notice
On August 13, 2020, a public notice was published in the Palos Verdes Peninsula
News, announcing that the City Council would consider an ADU ordinance at its
September 1, 2020 meeting. As of the date that this report was completed, Staff has
received no correspondence in response to the public notice.
Environmental Assessment
The proposed amendments to RPVMC Chapters 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. Amending the code language is an action that does not have the
potential to cause significant effects on the environment, because it only updates the
code sections for ADUs to be consistent with state law, which does not have a
significant impact on the environment.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify issues or modified language to consider in the draft ordinance.
2. Introduce the draft ordinance in its current form.
3. Direct Staff to take no action at this time, continuing to risk possible legal
challenges that may invalidate the City’s current ADU ordinance and its
Housing Element.
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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
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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:
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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
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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.
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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
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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
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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:
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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.
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.
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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.
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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:
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AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
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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
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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 August 11, 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 September 1, 2020, 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. 2020-11, 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:
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17.96. 2128022 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:
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A. Single-family and multiple-family residential and associated accessory
structures, including accessory dwelling units and junior accessory dwelling
units 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.
i. The construction of, or addition to, an accessory dwelling unit over 12 feet in
height, as measured pursuant to Section 17.10.020 (Accessory Dwelling
Units).
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 either attached to or detached from a primary dwelling unit 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 “vVery hHigh fFire hHazard sSeverity zZone” (see
Section 8.08.060 [Very High Fire Hazard Severity Zone Map]), 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
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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 - aAccessory dDwelling uUnit and Junior Accessory Dwelling Unit
Development Standards.
An accessory dwelling unit is a secondary dwelling unit with complete independent living
facilities for one or more persons and 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.
A.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.
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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 (see sSubsection 5 below), and 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 1,200 850 square feet, or 1,000 square feet if the accessory dwelling
unit 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 attached
any existing primary residence garage area) or 1,200 square feet, whichever
is less; 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, an new
accessory dwelling unit, including all other attached structures, and the new
junior 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. 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
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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
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.
67. 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.
78. 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.
89.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
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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 Building and
Safety Division permit issuance.
10. Accessory dwelling units or junior 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.
911. A minimum of one enclosed 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 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.
1012. 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.
1213. 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-
Tterm Rrentals and Aadvertisement of Sshort-Tterm Rrentals).
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 five feet
from the side and rear lot lines.
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
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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.
B. Accessory Dwelling Unit Within Existing Space of a Primary Dwelling Unit or
Detached Accessory Structure.1
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
1 Language related to ADUs and JADUs within existing spaces has been relocated from this section to Sections
17.10.020.B. D, and E
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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.2
C. Very High Fire Hazard Severity Zone.
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.
2 Deleted. Not applicable until January 1, 2025.
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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.
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.
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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 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.
17.10.0340 – 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 (Accessory Dwelling
Units), shall be allowed in all RS and RM districts, on lots with existing or proposed
single-family dwelling units, with ministerial approval of a sSite pPlan rReview by
the dDirector. 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 ministerially within 12060
days after receiving the 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.
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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. C.The filing fee for an accessory dwelling unit or junior accessory dwelling unit
application shall be as established by resolution of the city council.
BE. 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 cCity shall ministerially approve an application to create one for an
accessory dwelling unit per lot within a single-family or multi-family
residential zoneif the unit satisfies the following: 1) is contained within
the existing space of a primary dwelling unit or detached accessory
structure; 2) has an existing or proposed independent exterior access
from the existing dwelling unit; and 3) the side and rearall setbacks are
sufficient for fire safety (as may be determined by the Los Angeles
County Fire Department).
1.2. 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
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).
2.3. 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.
17.10.0450 - 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
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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.
17.10.0560 - 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 cCity 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 101. 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 112. 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 123. 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.
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SECTION 134. 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:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Emily Colborn, City Clerk
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1 Accessory Dwelling Unit (ADU) Ordinance Workshop
Accessory Dwelling Unit (ADU) Comparison Chart Background – State Regulation vs. City Proposal
Topic State Requirement or Standard Planning Commission/
Staff Recommendation Deviation Summary
Number of
ADUs
allowed per
lot
Single Family Residence:
One ADU (attached or
detached) and one JADU per
lot
Same
N/A
Multiple Family Residential:
Detached: Two ADUs
Attached: At least one ADU
and/or JADU within the
existing structure, but not more
than 25% of the number of
existing dwelling units,
rounded down.
Same
ADU Size
Detached:
1,200 ft2 is maximum (City
may establish maximum of 850
ft2 for one bedroom and 1,000
ft2 for two bedrooms)
Detached:
Maximum 850 ft2 for one
bedroom and 1,000 ft2 for
two bedrooms
N/A Attached:
50% of existing primary
residence (City may establish
maximum of 850 ft2 for one
bedroom and 1,000 ft2 for two
bedrooms)
Attached:
The lesser of 50% of existing
primary residence (including
garage) or 850 ft2 for one
bedroom and 1,000 ft2 for
two bedrooms
C-1
2 Accessory Dwelling Unit (ADU) Ordinance Workshop
Topic State Requirement or Standard Planning Commission/
Staff Recommendation Deviation Summary
Setbacks
New Detached ADU:
Minimum 4 feet side and rear
setbacks. No minimum front
setback specified.
New Detached ADU in rear
yard:
Minimum 5 feet side and rear
setbacks
All Detached ADUs:
City proposes setbacks
greater than state statute,
but in line with Fire
Department access
requirements and 25’ front
setback for aesthetics
New Detached ADU in front or
side of primary residence:
25 feet front yard setback
and 5 feet side yard
setbacks.
ADU within existing space of a
primary residence or accessory
structure:
No new setback is required ADU and JADU within existing
space:
No new setbacks required
N/A
JADU within existing space of a
primary residence:
No new setback is required
Height
Allows detached or attached
ADU at least up to 16 feet in
height.
Same N/A
C-2
3 Accessory Dwelling Unit (ADU) Ordinance Workshop
Topic State Requirement or Standard Planning Commission/
Staff Recommendation Deviation Summary
Very High
Fire Hazard
Severity
Zone
State Code 65852.2(a)(1)(A):
A local agency may, by
ordinance, provide for the
creation of accessory dwelling
units in areas zoned to allow
single-family or multifamily
dwelling residential use.
The ordinance shall do 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 the adequacy of water
and sewer services and the
impact of accessory dwelling
units on traffic flow and public
safety.
Planning Commission:
Prohibition of ADUs in high
fire areas with limited access.
Included additional
requirements for separation
between buildings.
Staff:
Allow for ADUs in high fire
areas with limited access
through a discretionary
process
Placing prohibition (Planning
Commission) or
discretionary process (staff)
on ADUs in high fire zones
with limited access.
JADUs
Allowed where single-family or
multi-family residences are
allowed
500 ft2 maximum size
Must remain under same
ownership as primary
residence
Must have separate entrance
from primary residence
Must have at least an
efficiency kitchen
No parking required.
Same N/A
C-3
4 Accessory Dwelling Unit (ADU) Ordinance Workshop
Topic State Requirement or Standard Planning Commission/
Staff Recommendation Deviation Summary
Parking
One unenclosed or enclosed
space per ADU. However, no
additional parking is required
when:
ADU is within ½ mile
walking distance of public
transit
ADU is part of the proposed
or existing primary
residence or an existing
accessory structure
When there is a car share
vehicle located within one
block of the accessory
dwelling unit
No replacement parking is
required for primary residence
garage converted to ADU
Planning Commission:
One onsite (enclosed not
required) space per ADU
Replacement onsite
(enclosed not required)
spaces when garage for
primary residence is
converted to an ADU or
JADU
Staff:
One enclosed space per
ADU.
Replacement enclosed
spaces when garage for
primary residence is
converted to an ADU or
JADU
Planning Commission:
Onsite spaces but not
enclosed as a balance
between State
requirements and desire
for maintaining
emergency vehicle
access
Staff
Proposing enclosed
spaces to remain
consistent with current
City requirements, and
prevent tandem parking
that may block egress in
case of fire
Permit
Review
Process
Application must be processed
within 60 days from receipt of a
complete application.
If ADU permit submitted with
permit for a new single-family
residence, City may delay
approval of ADU until
residence permit decision.
Same N/A
C-4
5 Accessory Dwelling Unit (ADU) Ordinance Workshop
Topic State Requirement or Standard Planning Commission/
Staff Recommendation Deviation Summary
Fee and
Charges
ADUs are not considered new
residential uses for the
purposes of calculating
connection fees or capacity
charges for utilities, including
water and sewer service.
JADUs are not considered new
residential uses for the
purposes of calculating
connection fees or capacity
charges for utilities, including
water and sewer service.
Same N/A
Fire
Sprinklers
Not required if not required for
primary residence Same N/A
Owner /
Rental
Restrictions
No owner occupancy required
ADU may not be sold or
conveyed separate from the
primary unit
City may prohibit rental of an
ADU for 30 days or less (i.e.,
no short- term vacation rental)
Same N/A
C-5
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
D-1
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;
D-2
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,
D-3
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
D-4
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
D-5
P.C. Resolution No. 2020-11
Page 6 of 6
EXHIBIT “A”
DRAFT ORDINANCE NO. ___
Please see attached.
D-6
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
D-7
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:
D-8
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
D-9
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.
D-10
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
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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
D-12
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:
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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.
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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.
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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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01203.0005/662119.1
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:
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01203.0005/662119.1
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 dwelling
residential 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 the
adequacy of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety. A local agency that does not provide water or sewer
services shall consult with the local water or sewer service provider regarding the
adequacy of water and sewer services before designating an area where accessory
dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not
limited to, parking, height, setback, 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 Resources. These standards shall not include
requirements on minimum lot size.
(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 accessory dwelling unit may be rented separate from the primary residence,
but may not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use
and includes a proposed or existing dwelling.
(iii) The accessory dwelling unit is either attached to, or located within, the proposed
or existing primary dwelling, including attached garages, storage areas or similar
uses, or an accessory structure or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of an attached
accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area 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.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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(vii) No setback shall be required 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 accessory dwelling unit or to a portion of an
accessory dwelling unit, and a setback of no more than four feet from the side and
rear lot lines shall be required 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.
(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 accessory dwelling 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 an accessory dwelling 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, the local agency shall not require that those offstreet parking
spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if
they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance,
policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory
dwelling unit shall be considered and approved 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. The permitting agency
shall act on the application to create an accessory dwelling unit or a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If
the permit application to create an accessory dwelling unit or a junior accessory
dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application
for the accessory dwelling unit or the junior accessory dwelling unit until the permitting
agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit
shall be considered without discretionary review or hearing. If the applicant requests
a delay, the 60-day time period shall be tolled for the period of the delay. A local
agency may charge a fee to reimburse it for costs incurred to implement this paragraph,
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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 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. If 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 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 on
ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay
or denial of a building permit or a use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies
shall use to evaluate a proposed accessory dwelling unit on a lot that includes a
proposed or existing single-family dwelling. No additional standards, other than those
provided in this subdivision, shall be used or imposed except that, subject to
subparagraph (B), 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.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an
owner-occupant requirement on an accessory dwelling unit permitted between January
1, 2020, to January 1, 2025, during which time the local agency was prohibited from
imposing an owner-occupant requirement.
(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). The permitting agency shall act on the application to
create an accessory dwelling unit or a junior accessory dwelling unit within 60 days
from the date the local agency receives a completed application if there is an existing
single-family or multifamily dwelling on the lot. If the permit application to create
an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting
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agency may delay acting on the permit application for the accessory dwelling unit or
the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the
accessory dwelling unit or junior accessory dwelling unit shall still be considered
ministerially without discretionary review or a hearing. If the applicant requests a
delay, the 60-day time period shall be tolled for the period of the delay. If the local
agency has not acted upon the completed application within 60 days, the application
shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and
maximum unit size requirements for both attached and detached accessory dwelling
units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance
any of the following:
(A) A minimum square footage requirement for either an attached or detached
accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one
bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size
based upon a percentage of the proposed or existing primary dwelling, or limits on
lot coverage, floor area ratio, open space, and minimum lot size, for either attached
or detached dwellings that does not permit at least an 800 square foot accessory
dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks
to be constructed in compliance with all other local development standards.
(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 walking distance
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.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed-use zone to create any of the following:
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(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-family
dwelling or accessory structure and may include an expansion of not more than 150
square feet beyond the same physical dimensions as the existing accessory structure.
An expansion beyond the physical dimensions of the existing accessory structure
shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section
65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed
four-foot side and rear yard setbacks for a lot with a proposed or existing single-family
dwelling. The accessory dwelling unit may be combined with a junior accessory
dwelling unit described in subparagraph (A). A local agency may impose the following
conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily
dwelling structures that are not used as livable space, including, but not limited to,
storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit
complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and may shall allow up to 25 percent of the existing
multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has
an existing multifamily dwelling, but are detached from that multifamily dwelling
and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a
permit application for the creation of an accessory dwelling unit or a junior accessory
dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling
unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling
or the accessory dwelling unit on a single-family lot, subject to the requirements of
paragraph (6) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created
pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite water treatment system, a percolation
test completed within the last five years, or, if the percolation test has been recertified,
within the last 10 years.
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(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has
adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling
units in multifamily dwelling structures shall ministerially consider a permit application
to construct an accessory dwelling unit that is described in paragraph (1), and may
impose standards including, but not limited to, design, development, and historic
standards on said accessory dwelling units. These standards shall not include
requirements on minimum lot size.
(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) An accessory dwelling unit shall not be considered by a local agency, special
district, or water corporation to be a new residential use for purposes of calculating
connection fees or capacity charges for utilities, including water and sewer service,
unless the accessory dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any
impact fee upon the development of an accessory dwelling unit less than 750 square
feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or
more shall be charged proportionately in relation to the square footage of the primary
dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term
“fee” is defined in subdivision (b) of Section 66000, except that it also includes fees
specified in Section 66477. “Impact fee” does not include any connection fee or
capacity charge charged by a local agency, special district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1)
of 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, unless the accessory dwelling unit was constructed with a new single-family
dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of
paragraph (1) of 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 square feet or the
number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing
Code adopted and published by the International Association of Plumbing and
Mechanical Officials, 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) (1) A local agency 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. After adoption of an ordinance, the department may submit
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written findings to the local agency as to whether the ordinance complies with this
section.
(2) (A) If the department finds that the local agency’s ordinance does not comply
with this section, the department shall notify the local agency and shall provide the
local agency with a reasonable time, no longer than 30 days, to respond to the findings
before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant
to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings
in its resolution adopting the ordinance that explain the reasons the local agency
believes that the ordinance complies with this section despite the findings of the
department.
(3) (A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings explaining the
reason the ordinance complies with this section and addressing the department’s
findings, the department shall notify the local agency and may notify the Attorney
General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of
state law, the department may consider whether a local agency adopted an ordinance
in compliance with this section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement
uniform standards or criteria that supplement or clarify the terms, references, and
standards set forth in this section. The guidelines adopted pursuant to this subdivision
are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and
is located on a lot with a proposed or existing primary residence. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the single-family or multifamily dwelling is or will be situated. An accessory
dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the
Health and Safety Code.
(4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law
or chartered.
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(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(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.
(7) “Nonconforming zoning condition” means a physical improvement on a property
that does not conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory
dwelling unit before the local agency issues a certificate of occupancy for the primary
dwelling.
(l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying
adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject
to authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12
of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant
accessory dwelling unit ordinance, but the ordinance is compliant at the time the
request is made.
(o) This section shall become operative on January 1, 2025.
(Repealed (in Sec. 1.5) and added by Stats. 2019, Ch. 659, Sec. 2.5. (AB 881) Effective January 1,
2020. Section operative January 1, 2025, by its own provisions.)
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State of California
GOVERNMENT CODE
Section 65852.22
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 built, or proposed
to be 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 walls of the proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance
from the main entrance to the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to 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.
(b) (1) An ordinance shall not require additional parking as a condition to grant
a permit.
(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 if the
junior accessory dwelling unit complies 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
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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hearing.The permitting agency shall act on the application to create a junior accessory
dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family dwelling on the lot. If the permit
application to create a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency
may delay acting on the permit application for the junior accessory dwelling unit until
the permitting agency acts on the permit application to create the new single-family
dwelling, but the application to create the junior accessory dwelling unit shall still be
considered ministerially without discretionary review or a hearing. If the applicant
requests a delay, the 60-day time period shall be tolled for the period of the delay.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 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 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) If a local agency has not adopted a local ordinance pursuant to this section, the
local agency shall ministerially approve a permit to construct a junior accessory
dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph
(1) of subdivision (e) of Section 65852.2 and the requirements of this section.
(h) 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 a single-family residence. 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.
(Amended by Stats. 2019, Ch. 655, Sec. 2. (AB 68) Effective January 1, 2020.)
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Chapter 17.10 - ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS[1]
Sections:
Footnotes:
--- (1) ---
Editor's note— Ord. No. 628 , § 9, adopted Oct. 15, 2019, repealed the former Ch. 17.10, §§
17.10.010—17.10.040, and enacted a new Ch. 17.10 as set out herein. The former Ch. 17.10 pertained
to second unit development standards and derived from Ord. 320, adopted in 1997; Ord. No. 615U,
adopted Jan 15, 2019; Ord. No. 619, adopted March 19, 2019; and Ord. No. 628 , adopted Oct. 15, 2019.
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 [Very High Fire Hazard Severity
Zone Map]), 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.
(Ord. No. 628 , § 9, 10-15-19)
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
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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 percent 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 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 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.
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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 five 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 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.
(Ord. No. 628 , § 9, 10-15-19)
17.10.030 - Approval process.
A. Accessory dwelling units, either attached or detached, which adhere to the standards in section
17.10.020 (Accessory Dwelling Units), 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.
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(Ord. No. 628 , § 9, 10-15-19)
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.
(Ord. No. 628 , § 9, 10-15-19)
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.
(Ord. No. 628 , § 9, 10-15-19)
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
MEMORANDUM
DATE : January 10, 2020
TO: Planning Directors and Interested Parties
FROM: Zachary Olmstead, Deputy Director
Division of Housing Policy Development
SUBJECT: Local Agency Accessory Dwelling Units
Chapter 653, Statutes of 2019 (Senate Bill 13)
Chapter 655, Statutes of 2019 (Assembly Bill 68)
Chapter 657, Statutes of 2019 (Assembly Bill 587)
Chapter 178, Statutes of 2019 (Assembly Bill 670)
Chapter 658, Statutes of 2019 (Assembly Bill 671)
Chapter 659, Statutes of 2019 (Assembly Bill 881)
This memorandum is to inform you of the amendments to California law, effective
January 1, 2020, regarding the creation of accessory dwelling units (ADU) and junior
accessory dwelling units (JADU). Chapter 653, Statutes of 2019 (Senate Bill 13,
Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68, Section 2) and Chapter
659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and
JADU law (Government Code Section 65852.2, 65852.22 and Health & Safety Code
Section 17980.12) and further address barriers to the development of ADUs and
JADUs. (Attachment A includes the combined ADU statute updates from SB 13, AB 68
and AB 881).
This recent legislation, among other changes, addresses the following:
• Development standards shall not include requirements on minimum lot size
(Section (a)(1)(B)(i)).
• Clarifies areas designated for ADUs may be based on water and sewer and
impacts on traffic flow and public safety.
• Eliminates owner-occupancy requirements by local agencies (Section (a)(6) &
(e)(1)) until January 1, 2025.
• Prohibits a local agency from establishing a maximum size of an ADU of less than
850 square feet, or 1000 square feet if the ADU contains more than one bedroom
(Section (c)(2)(B)).
• Clarifies that when ADUs are created through the conversion of a garage,
carport or covered parking structure, replacement offstreet parking spaces
cannot be required by the local agency (Section (a)(1)(D)(xi)).
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• Reduces the maximum ADU and JADU application review time from 120 days to
60 days (Section (a)(3) and (b)).
• Clarifies “public transit” to include various means of transportation that charge
set fees, run on fixed routes and are available to the public (Section (j)(10)).
• Establishes impact fee exemptions or limitations based on the size of the ADU.
ADUs up to 750 square feet are exempt from impact fees and impact fees for an
ADU of 750 square feet or larger shall be proportional to the relationship of the
ADU to the primary dwelling unit (Section (f)(3)).
• Defines an “accessory structure” to mean a structure that is accessory or
incidental to a dwelling on the same lot as the ADU (Section (j)(2)).
• Authorizes HCD to notify the local agency if the department finds that their ADU
ordinance is not in compliance with state law (Section (h)(2)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site
to satisfy RHNA housing needs as specified in Gov. Code Section 65583.1(a)
and 65852.2(m).
• Permits JADUs without an ordinance adoption by a local agency (Section (a)(3),
(b) and (e)).
• Allows a permitted JADU to be constructed within the walls of the proposed or
existing single-family residence and eliminates the required inclusion of an
existing bedroom or an interior entry into the single-family residence (Gov. Code
Section 65852.22).
• Allows upon application and approval, an owner of a substandard ADU 5 years
to correct the violation, if the violation is not a health and safety issue, as
determined by the enforcement agency (Section (n).
• Creates a narrow exemption to the prohibition for ADUs to be sold or otherwise
conveyed separate from the primary dwelling by allowing deed-restricted sales to
occur. To qualify, the primary dwelling and the ADU are to be built by a qualified
non-profit corporation whose mission is to provide units to low-income
households (Gov. Code Section 65852.26).
• Removes covenants, conditions and restrictions (CC&Rs) that either effectively
prohibit or unreasonably restrict the construction or use of an ADU or JADU on a
lot zoned for single-family residential use are void and unenforceable (Civil Code
Section 4751).
• Requires local agency housing elements to include a plan that incentivizes and
promotes the creation of ADUs that can offer affordable rents for very low, low-,
or moderate-income households and requires HCD to develop a list of state
grants and financial incentives in connection with the planning, construction and
operation of affordable ADUs (Gov. Code Section 65583 and Health and Safety
Code Section 50504.5) (Attachment D).
For assistance, please see the amended statutes in Attachments A, B, C and D. HCD
continues to be available to provide preliminary reviews of draft ADU ordinances to assist
local agencies in meeting statutory requirements. In addition, pursuant to Gov. Code
Section 65852.2(h), adopted ADU ordinances shall be submitted to HCD within 60 days of
adoption. For more information and updates, please contact HCD’s ADU team at
adu@hcd.ca.gov.
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ATTACHMENT A
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
(AB 881, AB 68 and SB 13 Accessory Dwelling Units)
(Changes noted in strikeout, underline/italics)
Effective January 1, 2020, Section 65852.2 of the Government Code is amended to read:
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 dwelling residential 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. A local agency that does not provide water or sewer services shall consult with the
local water or sewer service provider regarding the adequacy of water and sewer services before
designating an area where accessory dwelling units may be permitted.
(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. Resources. These standards shall not include requirements on minimum lot size.
(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 accessory dwelling unit may be rented separate from the primary residence, buy but may not
be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a
proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to, or located within the living area of the within,
the proposed or existing primary dwelling or dwelling, including attached garages, storage areas or
similar uses, or an accessory structure 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 If there is an existing primary dwelling, the total floor area 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. existing primary dwelling.
(v) The total floor 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 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 accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of
no more than five four feet from the side and rear lot lines shall be required for an accessory dwelling
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unit that is constructed above a garage. not converted from an existing structure or a new structure
constructed in the same location and to the same dimensions as an existing structure.
(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
accessory dwelling 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 an accessory dwelling 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 shall not require that those offstreet 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). replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence.
(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 A permit application for an accessory dwelling unit or a junior
accessory dwelling unit shall be considered and approved 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. permits. The
permitting agency shall act on the application to create an accessory dwelling unit or a junior
accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit
application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit
until the permitting agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time
period shall be tolled for the period of the delay. 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, incurred to implement this paragraph, 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 If 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
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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 delay or 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 used or imposed, including any owner-occupant requirement, 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. (a). The permitting agency shall act on the application to create an accessory
dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency
receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is
submitted with a permit application to create a new single-family dwelling on the lot, the permitting
agency may delay acting on the permit application for the accessory dwelling unit or the junior
accessory dwelling unit until the permitting agency acts on the permit application to create the new
single-family dwelling, but the application to create the accessory dwelling unit or junior accessory
dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the
applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the
local agency has not acted upon the completed application within 60 days, the application shall be
deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the
following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling
unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling
unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(c) (C) A local agency may establish minimum and maximum unit size requirements for both
attached and detached accessory dwelling units. No minimum Any other 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 or limits on lot coverage, floor area ratio, open space, and
minimum lot size , 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. 800 square
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foot accessory dwelling unit that is at least 16 feet in height with four-foot side and rear yard setbacks
to be constructed in compliance with all other local development standards.
(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 walking distance 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.
(e) (1) 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. within a residential or mixed-use zone to
create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may
include an expansion of not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and
rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling
unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local
agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily
dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit
of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for
the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of
nonconforming zoning conditions.
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(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers
are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this
subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling
unit connected to an onsite water treatment system, a percolation test completed within the last five
years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance
by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling
structures shall ministerially consider a permit application to construct an accessory dwelling unit that
is described in paragraph (1), and may impose standards including, but not limited to, design,
development, and historic standards on said accessory dwelling units. These standards shall not
include requirements on minimum lot size .
(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 An accessory dwelling units unit 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. service, unless the accessory
dwelling unit was constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an
accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact
fee” does not include any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
(A) (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of 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. charge, unless the accessory dwelling unit was
constructed with a new single-family home.
(B) (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of
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
square feet or the number of its plumbing fixtures, drainage fixture unit (DFU) values, as defined in
the Uniform Plumbing Code adopted and published by the International Association of Plumbing and
Mechanical Officials, 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 (1) agencies A local agency 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. After adoption of
an ordinance, the department may submit written findings to the local agency as to whether the
ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time,
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no longer than 30 days, to respond to the findings before taking any other action authorized by this
section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph
(A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance
complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or
does not adopt a resolution with findings explaining the reason the ordinance complies with this
section and addressing the department’s findings, the department shall notify the local agency and
may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the
department may consider whether a local agency adopted an ordinance in compliance with this
section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards
or criteria that supplement or clarify the terms, references, and standards set forth in this section. The
guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2.
(i) (j) 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) (1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit
which that provides complete independent living facilities for one or more persons. persons and is
located on a lot with a proposed or existing primary residence. It shall include permanent provisions
for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or
multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on
the same lot.
(A) (3) An efficiency unit, “Efficiency unit” has the same meaning as defined in Section 17958.1 of
the Health and Safety Code.
(B) (4) A manufactured home, as defined in Section 18007 of the Health and Safety Code. “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
(5) (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets
the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where
the public may access buses, trains, subways, and other forms of transportation that charge set
fares, run on fixed routes, and are available to the public.
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(6) (11) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the
local agency issues a certificate of occupancy for the primary dwelling.
(j) (l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites
for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter
5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in
paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit
for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with
Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the
time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but
the ordinance is compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
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(Becomes operative on January 1, 2025)
Section 65852.2 of the Government Code is amended to read (changes from January 1, 2020 statute
noted in underline/italic):
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 dwelling residential 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 the adequacy of water and sewer services and
the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not
provide water or sewer services shall consult with the local water or sewer service provider regarding
the adequacy of water and sewer services before designating an area where accessory dwelling units
may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking,
height, setback, 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 Resources.
These standards shall not include requirements on minimum lot size.
(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 accessory dwelling unit may be rented separate from the primary residence, but may not be
sold or otherwise conveyed separate from the primary residence.
(ii)The lot is zoned to allow single-family or multifamily dwelling residential use and includes a
proposed or existing dwelling.
(iii)The accessory dwelling unit is either attached to, or located within, the proposed or existing
primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure
or detached from the proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling.
(iv)If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit
shall not exceed 50 percent of the existing primary dwelling.
(v)The total floor area 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 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 accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of
no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit
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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.
(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
accessory dwelling 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 an accessory dwelling 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, the local
agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for
the primary residence.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program
to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be
considered and approved 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. The permitting agency shall act on the application to create an accessory dwelling unit or a
junior accessory dwelling unit within 60 days from the date the local agency receives a completed
application if there is an existing single-family or multifamily dwelling on the lot. If the permit
application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the permitting agency may delay
acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit
until the permitting agency acts on the permit application to create the new single-family dwelling, but
the application to create the accessory dwelling unit or junior accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time
period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for
costs incurred to implement this paragraph, 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 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. If 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 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 on ordinance that complies with this
section.
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(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a
building permit or a use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate
a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this subdivision, shall be used or
imposed, including any owner-occupant requirement, except that a local agency may require that the
property be used for rentals of terms longer than 30 days. imposed except that, subject to
subparagraph (B), 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.
(B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant
requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025,
during which time the local agency was prohibited from imposing an owner-occupant requirement.
(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). The permitting agency shall act
on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60
days from the date the local agency receives a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit
or a junior accessory dwelling unit is submitted with a permit application to create a new single-family
dwelling on the lot, the permitting agency may delay acting on the permit application for the
accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the
permit application to create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be
tolled for the period of the delay. If the local agency has not acted upon the completed application
within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the
following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling
unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling
unit that is less than either of the following:
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(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a
percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio,
open space, and minimum lot size, for either attached or detached dwellings that does not permit at
least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four-foot side
and rear yard setbacks to be constructed in compliance with all other local development standards.
(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 walking distance 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.
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an
application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing
single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a
single-family dwelling or existing space of a single-family dwelling or accessory structure and may
include an expansion of not more than 150 square feet beyond the same physical dimensions as the
existing accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and
rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling
unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local
agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
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passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily
dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot that has an existing
multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit
of 16 feet and four-foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for
the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of
nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers
are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory
dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a).
(5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this
subdivision be for a term longer than 30 days.
(5) (6) A local agency may require, as part of the application for a permit to create an accessory
dwelling unit connected to an onsite water treatment system, a percolation test completed within the
last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an
ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily
dwelling structures shall ministerially consider a permit application to construct an accessory dwelling
unit that is described in paragraph (1), and may impose standards including, but not limited to,
design, development, and historic standards on said accessory dwelling units. These standards shall
not include requirements on minimum lot size.
(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) An accessory dwelling unit shall not be considered by a local agency, special district, or water
corporation to be a new residential use for purposes of calculating connection fees or capacity
charges for utilities, including water and sewer service, unless the accessory dwelling unit was
constructed with a new single-family dwelling.
(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the
development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an
accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the
square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in
subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact
fee” does not include any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e),
a local agency, special district, or water corporation shall not require the applicant to install a new or
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separate utility connection directly between the accessory dwelling unit and the utility or impose a
related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a
new single-family home dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of
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 square
feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code
adopted and published by the International Association of Plumbing and Mechanical Officials, 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) (1) A local agency 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. After adoption of
an ordinance, the department may submit written findings to the local agency as to whether the
ordinance complies with this section.
(2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the
department shall notify the local agency and shall provide the local agency with a reasonable time,
no longer than 30 days, to respond to the findings before taking any other action authorized by this
section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph
(A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution
adopting the ordinance that explain the reasons the local agency believes that the ordinance
complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or
does not adopt a resolution with findings explaining the reason the ordinance complies with this
section and addressing the department’s findings, the department shall notify the local agency and
may notify the Attorney General that the local agency is in violation of state law.
(B) Before notifying the Attorney General that the local agency is in violation of state law, the
department may consider whether a local agency adopted an ordinance in compliance with this
section between January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards
or criteria that supplement or clarify the terms, references, and standards set forth in this section. The
guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2.
(j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed
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or existing primary residence. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be
situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on
the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety
Code.
(4) “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.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(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.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not
conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to
one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets
the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where
the public may access buses, trains, subways, and other forms of transportation that charge set
fares, run on fixed routes, and are available to the public.
(11) “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.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the
local agency issues a certificate of occupancy for the primary dwelling.
(l) 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.
(m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites
for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the
department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter
5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in
paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit
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for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with
Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the
time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but
the ordinance is compliant at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed
become operative on January 1, 2025.
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Effective January 1, 2020, Section 65852.22 of the Government Code is amended to read (changes
noted in strikeout, underline/italics) (AB 68 (Ting)):
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 built, or proposed to be 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. proposed or existing single-family
residence.
(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. proposed or existing single-
family residence.
(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) A cooking facility with appliances that do not require electrical service greater than 120 volts,
or natural or propane gas. appliances.
(C) (B) 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.
(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 if the junior accessory dwelling unit is in
compliance complies 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. The permitting agency shall act on
the application to create a junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing single-family dwelling on the lot. If the
permit application to create a junior accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit
application for the junior accessory dwelling unit until the permitting agency acts on the permit
application to create the new single-family dwelling, but the application to create the junior accessory
dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the
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applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. 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) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall
ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the
requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and
the requirements of this section.
(g) (h) 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 a single-family structure. residence. 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.
H-19
Effective January 1, 2020 Section 17980.12 is added to the Health and Safety Code, immediately
following Section 17980.11, to read (changes noted in underline/italics) (SB 13 (Wieckowski)):
17980.12.
(a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory
dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any
provision of any building standard pursuant to this part shall include in that notice a statement that
the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020.
(B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at
the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance,
but the ordinance is compliant at the time the request is made.
(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate
nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement
agency, submit an application to the enforcement agency requesting that enforcement of the violation
be delayed for five years on the basis that correcting the violation is not necessary to protect health
and safety.
(3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement
determines that correcting the violation is not necessary to protect health and safety. In making this
determination, the enforcement agency shall consult with the entity responsible for enforcement of
building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(4) The enforcement agency shall not approve any applications pursuant to this section on or after
January 1, 2030. However, any delay that was approved by the enforcement agency before January
1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial
approval of the application pursuant to paragraph (3).
(b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in
Section 65852.2.
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
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ATTACHMENT B
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2
AB 587 Acc essory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020 Section 65852.26 is added to the Government Code, immediately following
Section 65852.25, to read (AB 587 (Friedman)):
65852.26.
(a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section
65852.2, a local agency may, by ordinance, allow an accessory dwelling unit to be sold or conveyed
separately from the primary residence to a qualified buyer if all of the following apply:
(1) The property was built or developed by a qualified nonprofit corporation.
(2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between
the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements
specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the
following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property
based on the size of the dwelling each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit
corporation to buy the property if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the property as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the property that ensure the property will
be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold
or resold to a qualified buyer.
(4) A grant deed naming the grantor, grantee, and describing the property interests being transferred
shall be recorded in the county in which the property is located. A Preliminary Change of Ownership
Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and
Taxation Code.
(5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if
requested by a utility providing service to the primary residence, the accessory dwelling unit has a
separate water, sewer, or electrical connection to that utility.
(b) For purposes of this section, the following definitions apply:
(1) “Qualified buyer” means persons and families of low or moderate income, as that term is defined
in Section 50093 of the Health and Safety Code.
(2) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section
501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15
of the Revenue and Taxation Code for properties intended to be sold to low-income families who
participate in a special no-interest loan program.
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ATTACHMENT C
CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1
AB 670 Ac cessory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020, Section 4751 is added to the Civil Code, to read (AB 670 (Friedman)):
4751.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or
other instrument affecting the transfer or sale of any interest in a planned development, and any
provision of a governing document, that either effectively prohibits or unreasonably restricts the
construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for
single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the
Government Code, is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory
dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable
restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively
prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit
or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the
Government Code.
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ATTACHMENT D
GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6
AB 671 Acc essory Dwelling Units
(Changes noted in underline/italics)
Effective January 1, 2020, Section 65583(c)(7) of the Government Code is added to read (sections of
housing element law omitted for conciseness) (AB 671 (Friedman)):
65583(c)(7).
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be
offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low,
low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has
the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of
Section 65852.2.
Effective January 1, 2020, Section 50504.5 is added to the Health and Safety Code, to read (AB 671
(Friedman)):
50504.5.
(a) The department shall develop by December 31, 2020, a list of existing state grants and financial
incentives for operating, administrative, and other expenses in connection with the planning,
construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section
50053, for very low, low-, and moderate-income households.
(b) The list shall be posted on the department’s internet website by December 31, 2020.
(c) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in
paragraph (4) of subdivision (i) of Section 65852.2 of the Government Code.
H-23
ORDINANCE NO. 472
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES DESIGNATING VERY HIGH FIRE HAZARD
SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA
FIRE CODE, AND AMENDING TITLE 8 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 8 of Title 8 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 8.08.060 thereto to read as follows:
Section 8.08.060. Very High Fire Hazard Severity Zone Map. The City Council
of the City of Rancho Palos Verdes hereby designates Very High Fire Hazard Severity
Zones, as recommended by the Director of the California Department of Forestry and Fire
Protection and the County of Los Angeles Fire Department, as designated on the map
entitled Fire Hazard Severity Zone, which are on file in the City's Planning, Building and
Code Enforcement Department."
Section 2. The map entitled Fire Hazard Severity Zone are hereby attached to
this Ordinance as Exhibit A and incorporated herein by this reference.
Section 3. CEQA Findings. The City Council hereby finds that it can be seen with
certainty that there is no possibility that the adoption and implementation of this Ordinance
may have a significant effect on the environment. The Ordinance does not authorize
construction and, in fact, imposes greater restrictions on certain development in order to
protect the public health, safety and general welfare. The Ordinance is therefore exempt
from the environmental review requirements of the California Environmental Quality Act
pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance or the application thereof to any person or place, is for
R6876-0001\1056250v1.doc
I-1
any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED, AND ADOPTED, this 3ri day or June, 1 08.
AIILL3Ab
Mayo,
ATTEST:
4-6,6_AIA----
City Clerk
State of California
County of Los Angeles ss
City of Rancho Palos Verdes
I, Carla Morreale, 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. 472 passed first reading on May 20, 2008, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on June 3, 2008, and that
the same was passed and adopted by the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern
NOES: None
ABSENT: None
ABSTAIN: None 2amPtec_. 4,- /
City Clerk
Ordinance No. 472
Page2 of 2
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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 appointed City Clerk
of the City of Rancho Palos Verdes;
That on June 18, 2008, she caused to be posted the following document
entitled: City of Rancho Palos Verdes, Ordinance No. 472,AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES DESIGNATING VERY HIGH FIRE
HAZARD SEVERITY ZONES,AMENDING THE 2007 CALIFORNIA FIRE CODE,
AND AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
giA, 7170/it-e-
City Clerk
WAFORMSTorm 150-Affidavit of Posting Ordinance No.472.doc
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