CC SR 20201117 01 - ADU
CONT.
PUBLIC HEARING
Date: November 17, 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:
1) Review and provide Staff with direction on the Planning Commission’s recommendation to
require a Conditional Use Permit in lieu of a Fire Safety Review for the construction of Accessory
Dwelling Units on properties located within the City’s Very High Fire Severity Zone that do not
have two distinct means of access;
2) Review and provide Staff with direction on the proposed draft Ordinance which incorporates
the Planning Commission’s recommendation; and
3) Continue the public hearing to the December 1, 2020 City Council meeting to incorporate any
text changes to the draft ordinance directed by the City Council for 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: 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: 11/17/2020
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) Review and provide Staff with direction on the Planning Commission’s
recommendation to require a Conditional Use Permit in lieu of a Fire Safety
Review for the construction of Accessory Dwelling Units on properties located
within the City’s Very High Fire Severity Zone that do not have two distinct
means of access;
2) Review and provide Staff with direction on the proposed draft Ordinance which
incorporates the Planning Commission’s recommendation; and
3) Continue the public hearing to the December 1, 2020 City Council meeting to
incorporate any text changes to the draft ordinance directed by the City Council
for consideration.
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. Draft Ordinance No.__ (in track changes)
B. September 1, 2020 City Council Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3
719)
C. September 15, 2020 City Council Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3
728)
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D. October 13, 2020 Planning Commission Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3
744)
E. October 27, 2020 Planning Commission Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=
1841)
F. November 4, 2020 City Council Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&event_id=
167=6)
BACKGROUND:
On September 1, 2020, the City Council accepted a draft accessory dwelling unit (ADU)
ordinance (Attachment B), which included a Director-level review process to allow for
ADUs on streets in the Very High Fire Hazard Severity Zone (Fire Hazard Zone) that did
not have two distinct means of access. The City Council continued the public hearing to
September 15, 2020, to provide Staff an opportunity to incorporate 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 and
approved a motion to include a Planning Commission -level Fire Safety Review instead
of a Director-level review (Attachment C). 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, prior to adopting the ordinance.
On September 24, 2020, staff met with the Planning Commission’s Zoning Code Update
Subcommittee (Subcommittee), 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, recommended that the Planning Commission
reconsider its original 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 D). 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
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reconsider prohibiting ADUs on streets that did not have two direct means of access.
Due the breadth and scope of the discussion, the matter was continued to the October
27 Planning Commission meeting to allow Staff additional time to further expand the
proposed criteria as directed.
On October 27, 2020, Staff presented an expanded list of Fire Safety Review criteria to
the Planning Commission for review (Attachment E). The Planning Commission
expressed concerns with the draft criteria in that it serves more as exceptions to the
ADU ordinance requirements rather than objective criteria. The Planning Commission
also discussed the City of Palos Verdes Estates’ (PVE) recently adopted ADU
ordinance, which included objective criteria whereby ADUs can only be approved if they
are on lots that have two distinct means of non-overlapping access and that there exists
24 feet of pavement width the entire access to the major street, but also a provision
whereby if the lot does not meet objective standards set forth in the code, ADUs may be
allowed with a conditional use permit (CUP). Essentially, PVE requires a CUP review
and approval for the construction of an ADU that does not conform to the objective
standards set forth in their ADU ordinance. Based on this, the Planning Commission is
recommending the City Council adopt regulations that are consistent with neighboring
PVE, which also lies with the Very High Fire Hazard Zone.
Tonight, the City Council is being asked to review the Planning Commission’s most
recent recommendation prior to considering updating the development standards for
ADUs and to create development standards for junior accessory dwelling units (JADUs).
This public hearing was continued from the November 4 meeting to tonight to provide
Staff an opportunity to formalize the Planning Commission’s recommendations from
their October 27, 2020, meeting as further described below.
DISCUSSION:
Planning Commission’s Recommended Conditional Use Permit (CUP) Requirement
The Planning Commission recommends that properties located in the City’s Fire Hazard
Zone that do not have two distinct means of access would continue to be prohibited
from developing an ADU as previously prohibited in the draft ADU ordinance unless a
property owner receives approval of a CUP. The attached draft ordinance includes the
original code language accepted by the City Council in September but edited, with track
changes, to highlight proposed revisions based on the Plann ing Commission’s
recommendation (Attachment A). The Planning Commission feels that the CUP
process will better define the approval process and provide more of a bright line test, or
rather, a clear and objective process to follow in reviewing ADU applications. The City’s
existing CUP process can accomplish this as many of the criteria that was suggested is
included and more in the CUP findings.
Pursuant to RPVMC 17.60, the CUP entitlement process requires a public hearing and
a discretionary-level review by the Planning Commission. As part of the consideration of
a CUP request, the Planning Commission is required to make six application findings,
which include:
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1. That the site is adequate in size and shape to accommodate the proposed use
and for all of the yards, setbacks, walls, fences, landscaping and other features
required by this title or by conditions imposed under this section to integrate said
use with those on adjacent land and within the neighborhood;
2. That the site for the proposed use relates to streets and highways sufficient to
carry the type and quantity of traffic generated by the subject use;
3. That, in approving the subject use at the specific location, there will be no
significant adverse effect on adjacent property or the permitted use thereof;
4. That the proposed use is not contrary to the general plan;
5. That, if the site of the proposed use is within any of the overlay control districts
established by Chapter 17.40 (Overlay Control Districts) of this title, the proposed
use complies with all applicable requirements of that chapter; and
6. That conditions regarding any of the requirements listed in this paragraph, which
the planning commission finds to be necessary to protect the health, safety and
general welfare, have been imposed:
a. Setbacks and buffers;
b. Fences or walls;
c. Lighting;
d. Vehicular ingress and egress;
e. Noise, vibration, odors and similar emissions;
f. Landscaping;
g. Maintenance of structures, grounds or signs;
h. Service roads or alleys; and
i. Such other conditions as will make possible development of the city in an
orderly and efficient manner and in conformity with the intent and purposes
set forth in this title.
A CUP process used for permitting ADUs is not new to the City. The City’s Zoning
Code previously included provisions that provided applicants the opportunity to submit a
CUP in cases where an ADU proposal did not conform to the established development
standards or if the property was not connected to the City’s sewer system. This
provision was removed from the Zoning Code as part of ADU code amendment
proceedings in 2019 in order to establish more objective based ADU development
criteria to comply with state law. However, given that state law allows the local agency
to designate areas where ADUs may be permitted on criteria that may include, but not
be limited to public safety, Staff believes that re-establishing a CUP process for
approval of ADUs is reasonable and supports the Planning Commission’s
recommendation.
Staff is also of the opinion that the CUP findings allow the Planning Commission and
Staff the opportunity to adequately assess the impacts associated with the development
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of an ADU on a property within the City’s Very High Fire Hazard Zone that do not meet
the objective standard of having two distinct means of access. More specifically, the
findings require the consideration of the size and shape of a property including
setbacks, yard areas and landscaping as well as a property’s proximity and accessibility
to arterial streets and connectors along with the roadway width, clearance, and parking
along the access route. The findings also require the Planning Commission to assess a
proposal’s consistency with other land-uses and the General Plan. Finding No. 6 also
allows the Planning Commission to add conditions to protect the health, safety and
general welfare of the area, which was the general intent of the proposed Fire Safety
Review. Lastly, the public hearing process allows for members of the public to be
notified an ADU proposal and to express support or concerns for the proposed project.
It should be noted that the current fee for a CUP is $7,222 which may be considered a
deterrent. Thus, if the Planning Commission’s CUP recommendation is acceptable to
the City Council but the application fee is perceived to be cost prohibitive, as part of the
upcoming fee study, Staff will review the actual costs for processing CUPs for ADUs
and provide recommendations to City Council for a separate CUP processing fee for
ADUs if appropriate.
Updated Draft ADU Ordinance
The Draft ADU ordinance as moved and approved by City Council on September 1 has
been updated in track changes to include the CUP provisions recommended by the
Planning Commission (Attachment A). Staff is not recommending City Council act on
this language tonight, but rather seeks direction from City Council as to whether this is
acceptable and if there are any changes requested to be made before considering this
ordinance during a first reading.
In addition, at the request of the Subcommittee, Section C(1) (Very High Fire Hazard
Severity Zone) of the draft ordinance was updated to better define 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” with an illustration. More specifically, Staff prepared a
diagram to be included in the ADU ordinance that pictorially describes this scenario and
which serves as a visual aid for Staff and the public to better assess ADU proposals.
The updated ordinance also includes text providing for a 10-business day appeal
process of the Planning Commission’s decision of a CUP request. The draft ordinance
also further clarifies the term “street” in Section C(1) and (3) to include an arterial or
collector street.
Lastly, recent changes to the ADU law have been made under AB 3182. Primary
provisions of this law are:
Deems ADU an application approved if the local agency fails to act on a
complete application by the 60-day deadline.
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Expands situations in which an owner may develop both a junior ADU and an
ADU on the same lot as a single-family dwelling: Before, a lot could only have a
JADU and a small detached ADU under GC section 65852.2 (e)(1)(B); now, a lot
can also have a JADU and a converted ADU under section 65852.2 (e)(1)(A).
Subsection 17.10.040 (E) of the draft ordinance has been updated to include the
provision, a property may have one accessory dwelling unit and one junior accessory
dwelling unit approved through the process created by this section, to reflect this
change in law, which will go into effect on January 1, 2021. It should be noted that this
additional language is not a recommendation by the Planning Commission nor was
vetted by the Planning Commission because it came to Staff’s attention after their
meetings in October.
CONCLUSION:
Staff is of the opinion that the updated ADU Ordinance and related code amendments
continue to be consistent with goals and policies of the City’s General Plan and Coastal
Specific Plan. If the City Council introduces the Ordinance for reading on December 1,
2020, the second reading of the Ordinance is tentatively scheduled for December 15,
2020. The Ordinance will become effective 30-days later. Staff will also be submitting a
copy of the adopted Ordinance to the State’s Housing and Community Development
Department for review and will report updates as more information becomes available.
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. 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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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 September 1, 2020, the City Council accepted a draft ordinance,
which included a included a Director-level review process to allow for ADUs on streets in
the Very High Fire Hazard Severity Zone (Fire Hazard Zone) that did not have two distinct
means of access. The City Council continued the public hearing to September 15, 2020,
to provide Staff an opportunity to incorporate Fire Safety Review criteria into the draft
ordinance for the City Council’s consideration; and
WHEREAS, on September 15, 2020, the City Council considered a revised draft
ordinance and approved a motion to include a Planning Commission-level Fire Safety
Review instead of a Director-level review but 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; and
WHEREAS, on October 13, 2020, the draft Fire Safety Review criteria and
associated code updates were presented to the Planning Commission for consideration
with the Planning Commission directing Staff to develop additional criteria that included
enhanced accessibility measures to a potential project site . The matter was subsequently
continued to the October 27, 2020 Planning Commission meeting to allow Staff additional
time to further expand the proposed criteria as directed; and
Whereas, on October 27, 2020, the Planning Commission considered an
expanded Fire Safety Review criteria and approved a motion recommending that the City
Council allow for any proposed accessory dwelling unit that does not conform to the
objective standards set forth in the ordinance to apply for a Conditional Use Permit in lieu
of a Fire Safety Review by the Planning Commission; 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
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WHEREAS, on September 24, 2020, a notice was also published in the Palos
Verdes Peninsula News, providing notification that the Planning Commission would
consider text amendments related to a Fire Safety Review and appeal process in
association with the proposed ordinance; 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 m ay
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:
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.
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‘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
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);
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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.,
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.
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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
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.
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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
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
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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:
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.
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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 (an arterial or collector 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 further
illustrated in Figure 1 below.
Figure 1
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a. An applicant wishing to build an accessory dwelling unit on a property
which does not comply with 17.10.020(C)(1) satisfy the requirements of
Subsection C.1 may be allowed by the City with a Conditional Use
Permit, in accordance with RPVMC Chapter 17.60. Notwithstanding
Section 17.60.60, the Planning Commission’s decision on a Conditional
Use Permit for an accessory dwelling unit may be appealed to the City
Council. Any such appeal must occur within ten (10) business days of
the Planning Commission’s decision on a Conditional Use Permit for an
accessory dwelling unit. Any decision made by the City Council on a
conditional use permit for an accessory dwelling unit is final. 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.i. 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 on to
an arterial or collector 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.
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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.
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.
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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. 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).
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.
3.4. A property may have one accessory dwelling unit and one junior
accessory dwelling unit approved through the process created by this
section.
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
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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 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.
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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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