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CC SR 20200915 01 - ADU Ordinance PUBLIC HEARING Cont. Date: September 15, 2020 Subject: Consideration and possible action for first reading and introduction of 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 (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: First reading and introduction of Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES 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 REGARDING ACCESSORY DWELLING UNITS AND TO CREATE DEVELOPMENT STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS. 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 speakers 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. CITY COUNCIL MEETING DATE: 09/15/2020 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action for first reading and introduction of 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 (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) First reading and introduction of Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES 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 REGARDING ACCESSORY DWELLING UNITS AND TO CREATE DEVELOPMENT STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner REVIEWED BY: Ken Rukavina, P.E., Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No.__ (page A-1) B. Redline Draft Ordinance (page B-1) C. September 1, 2020 City Council Report (https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3719&meta_id =85924) 1 BACKGROUND AND DISCUSSION: On September 1, 2020, the City Council reviewed a 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 (ADUs) and to create development standards for junior accessory dwelling units (JADUs) (Attachment C). The City Council considered both the Planning Commission’s and Staff’s alternative options and provided direction to Staff regarding the proposed code amendments. Specifically, there were two code provisions for which Staff provided alternative options to the Planning Commission’s recommendations, those being provisions regarding replacement parking and the Planning Commission’s recommendation to prohibit ADUs on streets without two distinct means of vehicular access versus Staff’s alternative of requiring a discretionary process in these areas. The City Council discussed these alternatives and the Planning Commission’s recommendations overall, and continued the public hearing to September 15, 2020 to provide Staff an opportunity to incorporate their recommendations to the draft ordinance for consideration on September 15. With respect to the matter of replacement parking, the City Council was amenable to the Planning Commission’s recommendations, which included requiring unenclosed replacement parking for garages converted to ADUs, and one unenclosed parking space for an ADU, versus the enclosed spaces that Staff proposed as a potential alternative. The City Council commented that uncovered spaces would actually provide for off-street parking while minimizing the potential bulk and mass that could be caused by requiring additional enclosed parking. The City Council agreed with the Planning Commission’s recommendation that ADUs be prohibited on lots that do not have at least two distinct means of vehicular access. However, it also agreed with Staff’s recommendation to also include a discretionary process to potentially allow ADUs in these areas within the City’s Very High Fire Hazard Severity Zone (Fire Hazard Zone) that are further restricted by having only one method of vehicular access. Since the September 1 City Council meeting, City Staff was able to speak with staff from the Los Angeles County Fire Prevention Engineering Unit, and the Los Angeles County Fire Land Development Unit. While the Fire Department typically doesn’t require two means of access, it does require at least one method of street access that provides at least a 20-feet clearance, taking into consideration parked cars on both sides of the street. If a project cannot provide this minimum access, then t he Fire Department would require other methods of fire suppression for the project, such as fire sprinklers. Staff has prepared proposed language for such restricted properties, which could potentially allow an ADU to be permitted, subject to certain requirements. The proposed language is as follows, which has also been incorporated into the draft ordinance (Attachment A): 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) such that 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. a. An applicant wishing to build an accessory dwelling unit on a property which does not satisfy the requirements of Subsection C.1 may submit their application to construct an accessory dwelling unit for a Fire Safety Review. As part of a Fire Safety Review, the Director shall review the application to determine whether the application contains sufficient alternative fire safety measures to allow the construction of an accessory dwelling unit despite the lack of two distinct means of vehicular access. The Director may consider any of the following when determining whether an application contains sufficient fire safety measures to satisfy the Fire Safety Review: i. Additional parking beyond those required by this Section; ii. Additional side, rear, or front setbacks beyond those required by this Section; iii. Additional fire safety features such as sprinklers, fire retardant construction materials, etc. iv. Any other aspect of the application or property which allows for the safe construction of an accessory dwelling unit. 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: 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. Some additional wordsmithing edits in the draft ordinance have also been corrected, and are shown in the attached redline version of the ordinance, which only includes redline changes made since the last City Council meeting, (Attachment B) This evening, a proposed draft ordinance is presented to the City Council for its first reading and adoption. If approved, this ordinance will be heard at the City Council for the second reading and approval on October 6, 2020, and will go into effect 30 days later. 3 ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Direct Staff to take no action at this time, thereby subjecting the City to complying with the state requirements regarding the permitting of ADUs. 2. Direct Staff to further modify the ordinance language recommended by the Planning Commission and return to the City Council at a date certain future meeting for a new first reading and introduction. 4 01203.0005/663477.2 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 A-1 01203.0005/663477.2 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 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, on September 15, 2020, the City Council held a continued 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. A-2 01203.0005/663477.2 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: 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); A-3 01203.0005/663477.2 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 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 Section s 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 Zone” (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., A-4 01203.0005/663477.2 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 consisten t with the existing General Plan and zoning designations for the lot. 17.10.020 - Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards. 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, A-5 01203.0005/663477.2 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 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 a 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 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 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 A-6 01203.0005/663477.2 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 f ront or to the side of the primary residence subject to a minimum front setback of 25 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 A-7 01203.0005/663477.2 required parking for the primary residence. No parking spaces are required for an accessory dwelling unit if any of the following apply: a. The accessory dwelling unit is located within one-half mile walking distance of a public transit stop; b. When there is a car share designated pick-up or drop-off location within one block of the accessory dwelling unit. 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 th e 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. 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) such that 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. A-8 01203.0005/663477.2 a. An applicant wishing to build an accessory dwelling unit on a property which does not satisfy the requirements of Subsection C.1 may submit their application to construct an accessory dwelling unit for a Fire Safety Review. As part of a Fire Safety Review, the Director shall review the application to determine whether the application contains sufficient alternative fire safety measures to allow the construction of an accessory dwelling unit despite the lack of two distinct means of vehicular access. The Director may consider any of the following when determining whether an application contains sufficient fire safety measures to satisfy the Fire Safety Review: i. Additional parking beyond those required by this Section; ii. Additional side, rear, or front setbacks beyond those required by this Section; iii. Additional fire safety features such as sprinklers, fire retardant construction materials, etc. iv. Any other aspect of the application or property which allows for the safe construction of an accessory dwelling unit. 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, onsite 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. A-9 01203.0005/663477.2 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. 6. The junior accessory dwelling unit shall include an efficiency kitchen, which sha ll 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. A-10 01203.0005/663477.2 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. C. 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. D. 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. E. 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 ministerially 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. A-11 01203.0005/663477.2 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). 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. 17.10.050 - 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. A-12 01203.0005/663477.2 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 not ice 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 un it 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 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 31 st day after its passage. PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020. Mayor Attest: City Clerk A-13 01203.0005/663477.2 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 A-14 01203.0005/663477.2 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 B-1 01203.0005/663477.2 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 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, on September 15, 2020, the City Council held a continued 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. B-2 01203.0005/663477.2 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: 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); B-3 01203.0005/663477.2 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 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 Section s 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 Zone” (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., B-4 01203.0005/663477.2 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 consisten t with the existing General Plan and zoning designations for the lot. 17.10.020 - Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards. 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, B-5 01203.0005/663477.2 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 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 a 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 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 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 B-6 01203.0005/663477.2 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 f ront 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 B-7 01203.0005/663477.2 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: 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 th e 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. 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) such that the two distinct means of vehicular access, as measured from the lot to the point of B-8 01203.0005/663477.2 intersection with a street, shall not overlap with each other. a. An applicant wishing to build an accessory dwelling unit on a property which does not satisfy the requirements of Subsection C.1 may submit their application to construct an accessory dwelling unit for a Fire Safety Review. As part of a Fire Safety Review, the Director shall review the application to determine whether the application contains sufficient alternative fire safety measures to allow the construction of an accessory dwelling unit despite the lack of two distinct means of vehicular access. The Director may consider any of the following when determining whether an application contains sufficient fire safety measures to satisfy the Fire Safety Review: B-9 01203.0005/663477.2 i. Additional parking beyond those required by this Section; ii. Additional side, rear, or front setbacks beyond those required by this Section; iii. Additional fire safety features such as sprinklers, fire retardant construction materials, etc. iv. Any other aspect of the application or property which allows for the safe construction of an accessory dwelling unit. 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: 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. 1.2. 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. 2.3. 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. 3.4. 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. 4.5. 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, onsite 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. B-10 01203.0005/663477.2 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. 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 B-11 01203.0005/663477.2 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. CD. 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. DE. 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. EF. 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 ministerially 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: B-12 01203.0005/663477.2 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). 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 dwell ing 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 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 B-13 01203.0005/663477.2 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 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 31 st day after its passage. PASSED, APPROVED AND ADOPTED this ___ day of _____, 2020. Mayor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss B-14 01203.0005/663477.2 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 B-15