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CC SR 20201104 02 - ADU Status PUBLIC HEARING Date: November 4, 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 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: Continue the public hearing to November 17, 2020. 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: Octavio Silva, Deputy Director of Community Development 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: 11/04/2020 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 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) Continue the public hearing to November 17, 2020. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Deputy Director of Community Development REVIEWED BY: Ken Rukavina, P.E., Director of Community Development APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. September 15, 2020 City Council Staff Report (https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3 728) B. October 13, 2020 Planning Commission Staff Report (https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3 744) C. October 27, 2020 Planning Commission Staff Report (https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id= 1841) BACKGROUND AND DISCUSSION: On September 1, 2020, the City Council, after considering public testimony and information presented by Staff including the recommendation of the Planning Commission, accepted a draft accessory dwelling unit (ADU) ordinance. The City 1 Council-accepted ordinance mirrored the Planning Commission’s recommendation with the exception of prohibiting ADUs on streets in the Very High Fire Hazard Severity Zone (Fire Hazard Zone) that did not have two distinct means of access. Instead, the City Council opted for a Director-level review process to allow for ADUs on such streets. The City Council continued the public hearing to September 15, 2020, to provide Staff an opportunity to incorporate its Fire Safety Review criteria into the draft ordinance for the City Council’s consideration. On September 15, 2020, the City Council considered a revised draft ordinance that included criteria for a Fire Safety Review, whereby the Director could consider ADU projects on properties in the City’s Fire Hazard Zone that do not have two distinct means of access (Attachment A). However, at the meeting, the City Council moved and approved a motion that the Fire Safety Review be conducted by the Planning Commission. The City Council also remanded the specific matter of reviewing the Fire Safety Review criteria back to the Planning Commission, along with the addition of a 10- business day appeal period for both approvals and denial of applicable projects. On September 24, 2020, staff met with the Planning Commission’s Zoning Code Update Subcommittee members, consisting of Commissioners Chura, Hamill and Saadatnejadi, to present, discuss and collect input on the draft Fire Safety Review criteria and appeal provisions. At this meeting, the Subcommittee, among other things, discussed not forwarding any recommendations to the City Council regarding the draft criteria or appeal process; but instead, recommending that the Planning Commission re consider its recommendation to prohibit ADUs on streets that did not have two direct means of access. The Subcommittee also requested that additional clarification be added to Section C (1) (Very High Fire Hazard Severity Zone) of the draft ordinance that better defined the phrase “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” as written in the draft ADU ordinance. On October 13, 2020, the draft criteria and associated code updates were presented to the Planning Commission for consideration including input from the Subcommittee (Attachment B). At this meeting, the Planning Commission directed Staff to develop additional criteria that included enhanced accessibility measures to a potential project site. The Planning Commission also considered recommending that the City Council reconsider prohibiting ADUs on streets that did not have two direct means of access . Due the breadth and scope of the Planning Commission discussion, t he matter was continued to the October 27, 2020 Planning Commission meeting to allow Staff additional time to further expand the proposed criteria as directed. The October 27, 2020 Planning Commission meeting overlaps with the publishing and posting of the November 4, 2020 City Council agenda; therefore, the matter is recommended to be continued to the November 17, 2020 City Council meeting to allow time for the Planning Commission to make and formalize its recommendations and Staff to memorialize the Planning Commission’s actions in the staff report. 2 ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Identify additional issues or concerns, provide direction to Staff and/or the Planning Commission, and continue this item to a future agenda. 3