CC SR 20201215 01 - ADU Ordinance
CONT.
PUBLIC HEARING
Date: December 15, 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) Receive and file a status report on recent conversations with State of California Department of
Housing and Community Development (HCD) on the proposed draft code amendments to
Chapters 17.02 (Single-Family Residential (RS) Districts), 17.04 (Multiple-Family Residential
(RM) Districts), Chapter 17.10 (Accessory Dwelling Unit Development Standards) and 17.96
(Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code;
(2) Provide Staff with direction on options on how to proceed with the proposed code
amendments based on input from HCD; and
(3) Continue the public hearing to the January 19, 2021 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 Alegria
3. Request for Staff Report: Mayor Alegria
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 Alegria
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
01203.0005/686008.1
CITY COUNCIL MEETING DATE: 12/15/2020
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) Receive and file a status report on recent conversations with State of California
Department of Housing and Community Development (HCD) on the proposed
draft code amendments to Chapters 17.02 (Single-Family Residential (RS)
Districts), 17.04 (Multiple-Family Residential (RM) Districts), Chapter 17.10
(Accessory Dwelling Unit Development Standards) and 17.96 (Definitions) of
Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code;
(2) Provide Staff with direction on options on how to proceed with the proposed code
amendments based on input from HCD; and
(3) Continue the public hearing to the January 19, 2021 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. Ordinance No.__
B. December 1, 2020 City Council Staff Report
(https://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3
769)
C. Public Correspondence
1
BACKGROUND AND DISCUSSION:
On February 18, 2020, the City Council initiated code amendment proceedings to
Chapters 17.10 (Accessory Dwelling Unit Development Standards) and 17.96
(Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC)
to update the development standards for accessory dwelling units (ADU) and junior
accessory dwelling units (JADU). Since that time, staff has worked closely with the City
Council and the Planning Commission over the course of several public hearings in the
preparation of the draft ADU ordinance included in this report (Attachment A).
The proposed draft ADU ordinance includes Conditional Use Permit (CUP)
requirements for all ADU proposals on properties located within the City’s Very High
Fire Severity Zone that do not have two-distinct means of access as recommended by
the Planning Commission and approved by City Council on November 17, 2020 . This is
because allowing ADUs by right in certain areas of the city with limited access could
pose safety concerns. Further, the proposed ordinance was modeled after the Los
Angeles County and Palos Verdes Estates ordinances. This approach was supported
by HCD guidance in HCD’s Accessory Dwelling Unit Handbook (Handbook), issued in
September 2020, wherein HCD explains that local agencies may limit ADU
development to certain portions of the City due to public safety factors, and that
“examples of public safety include severe fire hazard areas.”
Most recently, on December 1, 2020, the City Council continued consideration of the
draft ADU ordinance to the December 15, 2020 City Council meeting (Attachment B).
The City Council continued the item to provide staff an opportunity to further discuss
State-mandated ADU provisions with HCD in response to correspondence from
Matthew Gelfand of Californians for Home Ownership (“CHFO”), who shared
communications he had with HCD regarding the City’s proposed ordinance. More
specifically, the issue centered around Government Code Section 65852.2(e), which
requires that cities ministerially approve ADUs pursuant to this section, which reads as
follows:
(e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot with a
proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-family
dwelling or accessory structure and may include an expansion of not more than
150 square feet beyond the same physical dimensions as the existing accessory
structure. An expansion beyond the physical dimensions of the existing
accessory structure shall be limited to accommodating ingress and egress.
2
(ii) The space has exterior access from the proposed or existing single -family
dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the requirements of Section
65852.22.
(B) One detached, new construction, accessory dwelling unit that does not
exceed four-foot side and rear yard setbacks for a lot with a proposed or existing
single-family dwelling. The accessory dwelling unit may be combined with a
junior accessory dwelling unit described in subparagraph (A). A local agency may
impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily
dwelling structures that are not used as livable space, including, but not limited
to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if
each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an
existing multifamily dwelling and shall allow up to 25 percent of the existing
multifamily dwelling units.
On December 4, 2020, staff and the Assistant City Attorney spoke with Greg Nickless of
HCD, and Mr. Nickless confirmed statements made by “CHFO” that ADUs proposed
pursuant to Government Code Section 65852.2(e) must be ministerially approved, and
that the City can only impose alternative procedures, development standards or special
conditions for mitigations associated with ADUs for only those ADUs that exceed
minimum standards set forth in Section 65852.2(e), even in zones that are designated
Very High Fire Hazard Severity Zones. The interpretation of the code prior to speaking
to HCD was that fire safety would allow the City to impose restrictions that could not
otherwise be imposed, restrictions that the City modeled after the LA County and Palos
Verdes Estates.
It is important to note that the forgoing feedback from a representative of HCD is “an
interpretation” of this relatively new state law. No court has been asked to opine on the
meaning to be afforded Section 65852.2 in reference to property designated by the
State as a “high fire” zone. Reasonable minds may read the statute differently and the
Office of the City Attorney is of the opinion that staffs’ and the Planning Commission’s
reading of the statute was and is reasonable. In fact, this interpretation has been
adopted by the County of Los Angeles in its own ADU ordinance. Such an
interpretation will, however, likely lead to litigation.
3
To summarize, the bottom line is that, in the opinion of HCE and CHFO, if an
ADU/JADU fits the parameters provided in Section 65852.2(e), it must be ministerially
approved regardless of the Very High Fire Hazard Severity Zone designations, and the
City can only apply development standards and geographic limitations for anything
beyond that but still within other limitations in the code. Per HCD, the legislators were
very clear, the housing laws were going to be a one-size-fits-all.
This leaves the City with three options for the City Council’s consideration on how to
proceed with the code amendment:
1. Direct staff to return with revisions to the draft ADU Ordinance that limit ADUs in
Very High Fire Hazard Severity Zones with only one means of direct access to
only what is permitted by 65852.2(e), period. These would be more stringent
requirements than in other areas of the City. One example is, ADUs under this
subsection would be limited to 800 square feet, whereas in other areas of the
City ADUs would be allowed up to 850 square feet or 1,000 square feet if it they
contain two bedrooms.
2. Adopt something straight forward like the Los Angeles County ordinance that
prohibits all ADUs in Very High Fire Hazard Severity Zones without two means of
access (this would prohibit them from large sections of the City). This option is
unlikely to be accepted by HCD, and may be challenged in court.
3. Proceed with conducting the first reading of the City Council-accepted Draft ADU
Ordinance with the revisions as recommended from the November 17, 2020 City
Council Meeting which requires a CUP for ADUs in the Very High Fire Hazard
Severity Zones with a focus of fire safety, as drafted in the attached ordinance
(Attachment A). If this option is selected, the ordinance will be submitted to HCD
for review and is unlikely to be accepted by HCD and returned to the City with
further direction, and also potentially challenged in court.
4. Remand the Draft ADU Ordinance back to the Planning Commission for additional
consideration and recommendations related to state mandated ADU provisions.
ADDITIONAL INFORMATION:
Public Correspondence
On December 1, 2020, staff received late correspondence from Matthew Gellfand with
the Californians for Homeownership organization (Attachment C) expressing concerns
with the City Council-accepted Draft ADU Ordinance. Staff contacted HCD in response
to Mr. Gellfand’s correspondence.
4
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
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 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 with all Planning Commission recommendations to be reconsidered
by the City Council on November 4, 2020, the date of the continued public hearing; and
WHEREAS, on September 24, 2020, a notice was 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 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
A-2
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 November 4, 2020, the City Council continued consideration of the
draft ordinance to November 17, 2020, in order provide staff with an opportunity to
memorialize the Planning Commission’s recommendations into an updated draft
ordinance; and
WHEREAS, on November 17, 2020, the City Council considered updates to the
draft ordinance, including, but not limited to, application of a Conditional Use Permit for
the development of accessory dwelling units on properties located within the City’s Fire
Hazard Zone that do not have two distinct means of access and continued consideration
of the draft ordinance to December 1, 2020; and
WHEREAS, on December 1, 2020, the City Council continued consideration of the
draft ordinance to December 15, 2020, in order to provide staff with an opportunity to
contact the State of California Department of Housing and Community Development to
discuss State-mandated ADU provisions; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings memorialized in 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-3
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);
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-4
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.,
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.
A-5
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,
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.
A-6
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. 850 square feet for an accessory dwelling unit with one bedroom; or
c. 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
dwelling unit faces away from the nearest, adjacent property; and
A-7
ii. The accessory dwelling unit or junior accessory dwelling unit
shall have windows at or above six (6) feet on any facades that
face any adjacent properties; and
d. A detached accessory dwelling unit shall be located behind the primary
residence, and be clearly subordinate to the primary residence in both
in height and width. If it is not legally and/or physically possible for a
detached accessory dwelling unit to be built behind the primary
residence, then it may be built in front or to the side of the primary
residence subject to a minimum front setback of 25 feet.
e. No entry to an accessory dwelling unit or junior accessory dwelling unit
shall be visible from the public right-of-way.
f. Roof decks shall not be permitted on a detached accessory dwelling
unit.
g. The exterior lighting must comply with Section 17.56.030 of this code.
7. Exterior stairs leading to an accessory dwelling unit or junior accessory
dwelling unit located on the second level of a primary dwelling unit shall be
allowed, when compliant with all other applicable development standards .
8. The accessory dwelling unit (attached or detached) shall include at least one
full bathroom, and shall not include more than one kitchen. The accessory
dwelling unit shall also be limited to a maximum of two bedrooms.
9. The accessory dwelling unit or junior accessory dwelling unit may be located
on a lot or parcel which is served by a public sanitary sewer system. An
accessory dwelling unit or junior accessory dwelling unit proposed on a lot or
parcel that is not served by a public sanitary sewer system shall require
approval by the Los Angeles County Department of Public Health, and any
other applicable agencies, of a private sewage disposal system, prior to
Building and Safety Division permit issuance.
10. Accessory dwelling units or junior accessory dwelling units shall not be
considered to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service.
11. A minimum of one parking space, which may be enclosed, shall be provided
for the accessory dwelling unit and shall meet the minimum dimensions stated
in subsection 17.02.030(E)(5). For properties not located within a Very High
Fire Hazard Severity Zone , the required parking may be located tandem to the
required parking for the primary residence. No parking spaces are required
for an accessory dwelling unit if any of the following apply:
A-8
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 (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.
A-9
Figure 1
A-10
a. An accessory dwelling unit which does not comply with 17.10.020(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.
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
the primary dwelling unit.
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 street 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.
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.
A-11
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
imposition of a fee adopted by City Council resolution for that inspection, to determine
A-12
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.
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:
A-13
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.
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
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
A-14
dwelling unit or junior accessory dwelling unit is revoked by the City pursuant to the
provisions of Chapter 17.86 (Enforcement) of this code, then the Director shall file notice
with the Los Angeles County Recorder ’s Office that the permit for the accessory dwelling
unit or junior accessory dwelling unit has been revoked, and the property owner shall
forthwith convert the accessory dwelling unit or junior accessory dwelling unit to a legal
structure or shall demolish such structur e.
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 31st day
after its passage.
A-15
PASSED, APPROVED AND ADOPTED this December day of 15th, 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
A-16
MATTHEW GELFAND, COUNSEL
MATT@CAFORHOMES.ORG
TEL: (213) 739-8206
December 1, 2020
VIA EMAIL
City Council
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Email: john.cruikshank@rpvca.gov; eric.alegria@rpvca.gov; david.bradley@rpvca.gov;
ken.dyda@rpvca.gov; barbara.ferraro@rpvca.gov; cc@rpvca.gov
RE: December 1, 2020 City Council Meeting, Public Hearing Item 1
To the City Council:
This letter follows up on our extensive prior correspondence, which provided detailed
feedback on the City’s draft ordinance regarding accessory dwelling units (ADUs). You will again
consider the ordinance at your December 1, 2020 meeting.
In our November 17 letter, we highlighted a conflict between the City’s draft ordinance
and the law regarding ADUs that must be permitted under subdivision (e)(1) of Government Code
Section 65852.2, as articulated in the September 2020 Guidelines issued by the state Department
of Housing and Community Development (HCD). These Guidelines have the force of law. Gov.
Code § 65852.2(i).
In the staff report before you and a separate letter to us, the City Attorney expressed
disagreement with our interpretation of the law. This disagreement appears to reflect a
fundamental misunderstanding of our correspondence. Our concern is not with the City’s
treatment of all ADUs or ADUs within residential versus non-residential zones. Instead, we are
specifically addressing ADUs that fall into the low-impact categories enumerated in
subdivision (e)(1), including interior conversions and small detached ADUs. These ADUs must
be permitted without applying any local development standards, including geographic restrictions.
To address the City Attorney’s comments, we reached out to get an answer direct from the
source. Here is what HCD staff said:
[L]ocal agencies (cities and counties) must allow ADUs, as noted in Gov. Code
Section 65852.2(e)(1), regardless of local development standards, including
geographic restrictions. Geographic restrictions may not be applied where an
ADU is proposed to be created under subdivision (e) of ADU statute.
November 30, 2020 Nickless Email (enclosed).
C-1
December 1, 2020
Page 2
Cities across California are properly complying with this rule. Critically, the City of Palos
Verdes Estates—after which the City has modeled aspects of its ordinance—long ago recognized
that the law requires cities to exempt subdivision (e)(1) ADUs from geographic restrictions. Here
is that city’s permitting pathway chart, which provides a simple visual explanation of the law and
identifies the subdivision (e)(1) ADUs as “Building Permit Only” ADUs:
HCD will ultimately weigh whether the City’s ordinance complies with state law, and it is
empowered to refer the City to the Attorney General if it determines that the City is in violation of
the law. Gov. Code § 65852.2(h). For that reason, it would be highly imprudent for the City to
pass this ordinance in its current form. At a minimum, the City Council should direct staff to
discuss these issues with staff at HCD—something we have been asking the City to do for months.
Beyond referral to the Attorney General, if the City adopts the ordinance in its current form,
it opens the City to the very serious risk of litigation by homeowners and non-profit organizations
like Californians for Homeownership. In addition to violating the state ADU laws, every time the
City enforces its unlawful ADU policies, that will constitute a separate violation of the Housing
Accountability Act (HAA), Government Code Section 65589.5. Violation of the HAA carries
serious penalties. Our organization is entitled to automatic standing and automatic fee shifting
provisions under the HAA. For the purposes of Government Code Section 65589.5(k)(2), this
letter constitutes our written comments submitted in connection with all ADU applications
C-2
December 1, 2020
Page 3
received between January 1, 2020 and the date that the Department of Housing and Community
Development issues its final approval of a new ADU ordinance adopted by the City.
Sincerely,
Matthew Gelfand
cc: City of Rancho Palos Verdes
Ara Mihranian, City Manager (by email to aram@rpvca.gov)
Ken Rukavina, Comm. Dev. Director (by email to krukavina@rpvca.gov)
Amy Seeraty, Senior Planner (by email to amys@rpvca.gov)
William W. Wynder, Esq., City Attorney (by email to wwynder@awattorneys.com)
Elena Q. Gerli, Esq., Attorney to the Comm. (by email to egerli@awattorneys.com)
California Department of Housing and Community Development
Greg Nickless, Housing Policy Analyst (by email to greg.nickless@hcd.ca.gov)
C-3
ATTACHMENT
C-4
1
Matthew Gelfand
From:Nickless, Greg@HCD <Greg.Nickless@hcd.ca.gov>
Sent:Monday, November 30, 2020 12:37 PM
To:matt@caforhomes.org
Subject:RE: Correspondence from Californians for Homeownership
Matt-
This is to confirm that local agencies (cities and counties) must allow ADUs, as noted in Gov. Code Section 65852.2(e)(1),
regardless of local development standards, including geographic restrictions. Geographic restrictions may not be applied
where an ADU is proposed to be created under subdivision (e) of ADU statute.
-Greg
From:Matthew Gelfand <admin@caforhomes.org>On Behalf Of matt@caforhomes.org
Sent:Monday, November 30, 2020 11:34 AM
To:Nickless, Greg@HCD <Greg.Nickless@hcd.ca.gov>
Cc:'Ken Rukavina' <krukavina@rpvca.gov>; 'Amy Seeraty' <AmyS@rpvca.gov>; wwynder@awattorneys.com;
egerli@awattorneys.com
Subject:RE: Correspondence from Californians for Homeownership
Dear Mr. Nickless:
Two weeks ago, we sent the attached letter to the City Council of the City of Rancho Palos Verdes. In our letter, we
explained that cities must permit ADUs that fall into the categories in Government Code Section 65852.2(e)(1) on any
qualifying lot, regardless of geographic restrictions a city might set for other kinds of ADUs based on issues like public
safety. We cited HCD’s guidance, which is clear on this subject. We noted that the City’s draft ordinance is unlawfully
restrictive because it does not exclude the subdivision (e)(1) ADUs from the City’s geographic restrictions on ADUs. The
draft ordinance would unlawfully subject subdivision (e)(1) ADUs to a conditional use permit process on many lots in the
City.
Tomorrow, the City Council will consider the first reading of the ADU ordinance. The staff report being presented to the
City Council insists that we have misinterpreted HCD’s guidance, and that the City may lawfully place geographic
restrictions on subdivision (e)(1) ADUs. The staff report is available at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&event_id=1678&meta_id=88332 [rpv.granicus.com]
Can you please reply with confirmation that cities must allow the categories of ADUs identified in Government Code
Section 65852.2(e)(1) regardless of geographic restrictions?
Greg Nickless
Housing Policy Specialist
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
Phone: 916.274.6244
C-5
2
All the best,
Matthew Gelfand
From:Matthew Gelfand <admin@caforhomes.org>
Sent:Tuesday, November 17, 2020 7:00 PM
To:john.cruikshank@rpvca.gov;eric.alegria@rpvca.gov;david.bradley@rpvca.gov;ken.dyda@rpvca.gov;
barbara.ferraro@rpvca.gov;cc@rpvca.gov
Cc:'Ken Rukavina' <krukavina@rpvca.gov>; 'Amy Seeraty' <AmyS@rpvca.gov>;wwynder@awattorneys.com;
egerli@awattorneys.com; 'Nickless, Greg@HCD' <Greg.Nickless@hcd.ca.gov>
Subject:Correspondence from Californians for Homeownership
To the City Council:
Please see the attached correspondence regarding Public Hearing Item 1 being considered at your upcoming meeting.
TO STAFF: In light of the length of the letter, we are not asking that the letter be read into the record. Instead, we ask
that you read this statement: “Californians for Homeownership is a 501(c)(3) non-profit organization devoted to using
legal tools to address California’s housing crisis. You have been provided with a letter we submitted as part of our work
monitoring local compliance with California’s laws regarding accessory dwelling units. Our letter follows up on our
recent correspondence regarding the City’s draft ADU ordinance. Our detailed concerns about the City’s d raft ordinance
are explained our prior correspondence. Tonight, we wish instead to highlight a recent development in ADU law that
impacts the City’s ordinance. In September, the state Department of Housing and Community Development (HCD)
issued revised guidance on the ADU laws. The Guidelines are attached with our letter, and they have the force of
law. The Guidelines confirm the positions taken in our prior letters. Most critically, they confirm that the City’s
ordinance does not comply with subdivision (e)(1) of Government Code Section 65852.2. Your time and hard work are
valuable. We urge you to continue this item and to direct staff to conduct a bottom-to-top reassessment of the draft
ordinance based on the HCD Guidelines. As part of that process, staff should also consult with the HCD, including
sharing the draft ordinance with HCD staff. Thank you for your consideration.”
Sincerely,
Matthew Gelfand
--
Matthew Gelfand
Counsel, Californians for Homeownership
525 S. Virgil Avenue
Los Angeles, CA 90020
matt@caforhomes.org
Tel: (213) 739-8206
Californians for Homeownership is a 501(c)(3) non-profit organization that works to address California’s housing crisis through
impact litigation and other legal tools.
C-6