ORD 656U ORDINANCE NO. 656U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING TITLE 16 (SUBDIVISION) BY ADDING
SECTION 16.40 (URBAN LOT SPLITS), AMENDING TITLE
17 (ZONING) OF SECTION 17.02.020 (SINGLE FAMILY
RESIDENTIAL ((RS)) DISTRICTS — USES AND
DEVELOPMENT PERMITTED), ADDING CHAPTER 17.09
(SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN
SINGLE-FAMILY ZONES), AND AMENDING CHAPTER
17.96 (DEFINITIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE THEREBY ESTABLISHING
DEFINITIONS AND REGULATIONS FOR URBAN LOT
SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-
FAMILY RESIDENTIAL ZONES
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill No.
9 (SB 9). This bill requires the ministerial approval of two dwelling units per parcel in
single-family residential zones, where previously only one primary dwelling unit would
have been permitted; and,
WHEREAS, SB 9 takes effect on January 1, 2022, and it therefore is necessary for the
City to establish objective standards regarding housing developments and lot splits to regulate
SB 9 projects; and,
WHEREAS, the City Council desires to establish objective standards to preserve the City's
open space character and quality of life as characterized by the City's General Plan; and,
WHEREAS, pursuant to Government Code § 36937, subdivision (b), any
ordinance for the immediate preservation of the public peace, health, or safety, containing
a declaration of the facts constituting the urgency, that is passed by a four-fifths (4/5) vote
of the City Council, shall take effect immediately upon its adoption; and
WHEREAS, the City Council seeks and intends to protect the health, safety, and
welfare of the residents of the City of Rancho Palos Verdes by establishing regulations
for urban lot splits and two-unit developments in single,family residential zones, as further
described herein.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated herein by this
reference.
Section 2. Urgency Findings.
A. SB 9 requires the ministerial approval of two dwelling units per parcel in
single-family residential zones, where previously only one primary dwelling unit would
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have been permitted, in addition to accessory dwelling units and junior accessory dwelling
units, in some cases.
B. Additionally, SB 9 requires ministerial approval of lot splits in single-family
residential zones and allows two units to be built on each resulting parcel.
C. This bill has the potential to dramatically increase the density and population
of single-family zones, potentially placing a strain on public resources and the
infrastructure that serves these zoning districts.
D. Moreover, SB 9 continues a pattern of state action that deprives cities of
control over issues of fundamental local concern and traditional local control, namely, the
character and quality of residential neighborhoods and the ability to control and plan for
the uses of land in the City.
E. SB 9 takes effect on January 1, 2022, and it is therefore necessary for the
City to establish objective standards regarding the housing developments and lot splits
that the City will now be required to permit, and to ensure that such regulations take effect
prior to January 1, 2022, so as to protect and provide for the welfare of the local
community.
Section 3. CEQA. The City Council finds and determines that the proposed
ordinance amendments are not a "project" for purposes of California Environmental
Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n),
and therefore do not require any environmental review under CEQA.
Section 4. Chapter 16.40 (Urban Lot Splits) is hereby added to the Rancho
Palos Verdes Municipal Code and shall read as follows (deletions in ;
additions in bold italics):
"Chapter 16.40- URBAN LOT SPLITS
16.40.010 - Purpose.
The purpose of this chapter is to establish procedures and standards
for urban lot splits in accordance with the requirements of
Government Code Section 66411.7.
16.40.020- Ministerial review;standard for denial.
A. Notwithstanding any other provision of this code, an
application for an urban lot split shall be considered ministerially,
without discretionary review or a hearing, and shall be approved if it
meets all of the requirements of this chapter.
B. An application for an urban lot split shall be approved or denied
by the director.
111
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C. Any interested person may appeal a decision of the director to
the planning commission and a decision of the planning commission
to the city council pursuant to Chapter 17.80 (Hearing Notice and
Appeal Procedures).
D. Notwithstanding subsection A, the city may deny an application
for an urban lot split if the building official, or designee, makes a
written finding, based upon a preponderance of the evidence, that the
proposed urban lot split would have a specific, adverse impact, as
defined in subsection (d)(2) of Government Code Section 65589.5,
upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
16.40.030 - Parcel requirements.
The parcel that is proposed for subdivision through an urban lot split:
A. Shall be located in an RS zoning district;
B. Shall satisfy all the requirements of subsections (a)(6)(B)
through (a)(6)(K), inclusive, of Government Code Section 65913.4;
C. Shall not be located within a historic district or on property
included on the State Historic Resources Inventory, as defined in
Public Resources Code Section 5020.1, or within a site that is
designated or listed as a city or county landmark or historic property
or district pursuant to a city or county ordinance;
D. Shall not have been created through a previous urban lot split;
and
E. Shall not be adjacent to a parcel that was previously subdivided
through an urban lot split by the owner of the parcel on which the
urban lot split is proposed or any person acting in concert with the
owner.
16.40.040 - Additional requirements.
A. An urban lot split shall subdivide an existing parcel to create no
more than two new parcels of approximately equal lot area, provided
that:
1. Neither resulting parcel shall be smaller than 40 percent
111 of the lot area of the current parcel proposed for subdivision;
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2. Neither resulting parcel shall be smaller than 1,200
square feet; and
3. No flag lots shall be created as a result of the lot split if
the existing parcel is adjacent to an alley, or is a corner lot or
through lot.
B. An urban lot split shall not be approved unless, at the time the
parcel map is recorded:
1. Each resulting parcel will have an existing residential
dwelling on it, or
2. The applicant has obtained building permits to construct
at least one dwelling on any resulting parcel that does not have
an existing residential dwelling on it.
C. An urban lot split shall not result in the creation of a parcel with
more than two existing units, as defined in Section 16.40.060.
D. An urban lot split shall not require or allow the demolition or
alteration of any of the following types of housing:
1. Housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income. _
2. Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
3. A parcel on which an owner of residential real property
has exercised the owner's rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application.
4. Housing that has been occupied by a tenant in the last
three years.
E. As a condition of approval for an urban lot split, the applicant
and owner(if different from the applicant) shall sign an affidavit, in a
form approved by the city attorney, stating that:
1. The proposed urban lot split will not violate the
requirements of subsection D of this section;
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111 2. Neither the owner nor applicant, nor any person acting in
concert with the owner or applicant, has previously subdivided
an adjacent parcel using an urban lot split; and
3. The applicant intends to occupy one of the housing units
on one of the parcels created by the urban lot split as their
primary residence for a minimum of three years from the date
of the approval of the urban lot split. This means that the
applicant will live in an existing unit on one of the parcels, if any,
or will live in the first unit constructed on either of the parcels if
there are no existing units. This subsection E.3 shall not apply
to an applicant that is a "community land trust," as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision
(a) of Section 402.1 of the Revenue and Taxation Code, or is a
"qualified nonprofit corporation"as described in Section 214.15
of the Revenue and Taxation Code.
F. As a condition of approval of an urban lot split, the owner shall
dedicate all easements over the resulting parcels required for the
provision of public services and facilities, as determined by the city
engineer.
G. Each parcel resulting from an urban lot split shall have access
to or adjoin the public right-of-way, and, if necessary, provide the
other parcel with access to the right-of-way through an easement.
H. The city shall not require as a condition of approval of an urban
lot split:
1. Dedications of rights-of-way or the construction of offsite
improvements, or
2. The correction of non-conforming zoning conditions
existing on the parcel that will be divided.
1. An urban lot split:
1. Shall conform with all the requirements of the
Subdivision Map Act; and
2. Shall conform with all the requirements applicable to
parcel maps in this code, except for those requirements that
conflict with the requirements of this chapter, in which case the
provisions of this chapter shall control.
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16.40.050 - Limitations applicable to new parcels.
A. Parcels created by an urban lot split shall only be used for
residential uses.
B. Residential units constructed on parcels created by an urban
lot split shall not be rented for a term of less than thirty-one (31)
consecutive days, also known as a short-term rental.
16.40.060- Limitation on number of units.
Notwithstanding any other provision of this code, no more than two
units are permitted on any parcel created by an urban lot split. For the
purposes of this section, "unit" means any dwelling unit, including,
but not limited to, a primary dwelling unit, a unit or units created under
Chapter 17.09 (Second Units and Two-Unit Developments In Single-
Family Zones), an accessory dwelling unit, or a junior accessory
dwelling unit.
16.50.070— Coastal permit.
Notwithstanding any other provision of this chapter, as a condition of
approval of an application for an urban lot split, the applicant shall
comply with the requirements of Chapter 17.72 (Coastal Permits) that
would otherwise apply to an application for a parcel map."
Section 5. Section 17.02.020 of the Rancho Palos Verdes Municipal Code shall
be amended as follows (deletions in ; additions in bold italics):
"17.02.020 - Uses and development permitted.
Only the following uses and developments may be conducted or
constructed:
A. Single-family residential buildings, mobile homes on city approved
foundations, as provided in California Government Code Sections 65852.3
and 65852.4 and associated accessory structures for the residential use
and occupancy of not more than one family and not more than one dwelling
unit per lot, with the exception of accessory dwelling units and junior
accessory dwelling units approved pursuant to Chapter 17.10 (Accessory
Dwelling Unit and Junior Accessory Dwelling Unit Development Standards);
B. Second units and two-unit developments approved pursuant to
Chapter 17.09 (Second Units and Two-Unit Developments In Single-
Family Zones);
B: C. Home occupations pursuant to Chapter 17.08 (Home Occupations);
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G D. Private outdoor recreational uses, such as tennis courts, swimming
pools and basketball courts, which are incidental to the residential use of
the property;
07 E. Residential planned development (RPD), pursuant to Chapter 17.42
(Residential Planned Development);
ET F. The keeping of animals that are household pets, as defined in
Section 17.96.945 (Household Pets) and small domestic animals for
noncommercial purposes. Animals that are not household pets may be
permitted pursuant to approval of an exotic animal permit;
F G. The keeping of large domestic animals, pursuant to Chapter 17.46
(Equestrian Overlay (Q) District);
G, H. The keeping of a maximum of five bee hives for noncommercial
purposes, except for the RS-A-5 residential zoning district, where a
maximum of ten bee hives may be kept upon approval by the director of a
site plan review application, which shall be appealable to the planning
commission pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures);
H I. The growing of crops and/or fruits on one acre or less for
noncommercial purposes;
k J. Small family day care;
K. Temporary special uses and developments, if a special use permit is
first obtained, pursuant to Chapter 17.62 (Special Use Permits);
K L. Commercial filming or photography, if a city film permit is first
obtained, pursuant to Chapter 9.16 (Still Photography, Motion Picture and
Television Productions) of this code;
h M. Garage sales, provided that no more than four sales, each occurring
on one calendar day, are held on the same property within a calendar year
and that the merchandise for sale, with the exception of neighbors
combining items for sale at one property, is the personal property of the
resident of the property where the sale is being conducted and is not
acquired or consigned for the purpose of resale;
M N. Any other use which specifically is required to be permitted in a single
family residential district by state or federal law; and
N O. Other uses as provided in any applicable overlay or special district."
Section 6. Chapter 17.09 (Second Units and Two-Unit Developments in Single-
Family Zones) is hereby added to the Rancho Palos Verdes Municipal Code and shall
read as follows (deletions in ; additions in bold italics):
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"Chapter 17.09 - SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN
SINGLE-FAMILY ZONES
17.09.010 - Purpose.
The purpose of this chapter is to establish procedures and standards
for the approval and creation of second units and two-unit
developments in single-family zones in accordance with the
requirements of Government Code Section 65852.21.
17.09.020 - Ministerial review; standard for denial.
A. Notwithstanding any other provision of this code, an
application for a second unit or a two-unit development shall be
considered ministerially, without discretionary review or a hearing,
and shall be approved if it meets all of the requirements of this
chapter.
B. An application for a second unit or a two-unit development shall
be approved or denied by the director through the site plan review
process in Chapter 17.70.
C. Notwithstanding subsection A, the city may deny an application
for a second unit or two-unit development if the building official, or
designee, makes a written finding, based upon a preponderance of the
evidence, that the proposed second unit or two-unit development
would have a specific, adverse impact, as defined in subsection (d)(2)
of Government Code Section 65589.5, upon public health and safety
or the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse impact.
17.09.030- Requirements.
Proposed second units and two-unit developments:
A. Shall be located in the RS zoning district;
B. Shall be located on a parcel that meets all the requirements of
subsections (a)(6)(B) through (A)(6)(K), inclusive, of Government
Code Section 65913.4;
C. Shall not require or allow the demolition or alteration of any of
the following types of housing:
I
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1. Housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income;
2. Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power; or
3. Housing that has been occupied by a tenant in the last
three years;
D. Shall not require or allow the demolition of more than 25 percent
of the existing exterior structure walls on the parcel if the parcel has
been occupied by a tenant in the last three years;
E. Shall not be located on a parcel on which an owner of residential
real property has exercised the owner's rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the date
that the development proponent submits an application;
F. Shall not be located within a historic district or on property
included on the State Historic Resources Inventory, as defined in
Public Resources Code Section 5020.1, or within a site that is
designated or listed as a city or county landmark or historic property
or district pursuant to a city or county ordinance; and
G. Shall each have a separate entrance.
17.09.040 - Development standards.
A second unit, and both of the units in a two-unit development, shall
comply with all of the following development standards:
A. Configuration. A second unit, and both units of a two-unit
development, may be attached to, adjacent to, or detached from any
other structure on the parcel, subject to subsections C and D of
Section 17.09.030, provided that adjacent or attached units shall be
sufficiently constructed to allow for separate conveyance.
B. Size. A second unit, and both of the units in a two-unit
development, shall be no larger than 800 square feet in floor area each.
C. Height. A second unit, and both of the units in a two-unit
development, shall be no taller than 16 feet in height as measured from
adjacent pre-construction grade and shall be one-story.
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D. Setbacks. No setback beyond the existing setback shall be
required for an existing structure or for a unit constructed in the same
location and to the same dimensions as an existing structure. In all
other circumstances, second units, and both units of a two-unit
development, shall be set back at least 4 feet from the side and rear
lot lines.
E. Parking.
1. One off-street parking space is required for a second unit
and oneoff-street parking space per unit is required for each
unit of a two-unit development.
2. Notwithstanding subsection E.1, no parking spaces are
required for a second unit or a two-unit development if either:
a. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as
defined in subsection (b) of Public Resources Code
Section 21155, or a major transit stop, as defined in
Public Resources Code Section 21064.3; or
b. There is a car share vehicle located within one
block of the parcel.
F. Additional Development Standards. Except as provided in
subsections A through E, second units, and each unit of a two-unit
development, shall comply with all development standards that would
be applicable to a primary dwelling unit on the same parcel.
G. Limitation on Enforcement of Development Standards. With the
exceptions of the setback requirements in subsection D and the
requirement to comply with all building codes, the city shall not
enforce any development standard to the extent that it would have the
effect of physically precluding the construction of a second unit or
two-unit development on a parcel, or would physically preclude either
the primary dwelling unit or seconds unit from being at least 800 square
feet in floor area.
17.09.050- Design standards.
Second units, and each unit of a two-unit development, shall comply
with all objective design standards that would be applicable to a
primary dwelling unit on the same parcel.
17.09.060- Rental term.
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Second units and the units in a two-unit development shall not be
rented for a term of less than thirty-one (31) consecutive days.
17.09.070 -Affordable rent requirement.
Second units, and both units of a two-unit development, if rented, shall
only be rented at an affordable rent for lower-income households, as
defined in Health and Safety Code Section 50053, and shall only be
rented to lower-income households, as defined in Health and Safety
Code Section 50079.5, for a minimum of 55 years. Prior to the
issuance of a certificate of occupancy for any second unit or any unit
of a two-unit development, the owner of the property shall execute and
record on the property a deed restriction, in a form approved by the
director and the city attorney, establishing legal restrictions
consistent with this Section.
17.09.080 - Coastal permit.
Notwithstanding any other provision of this chapter, as a condition of
approval of an application for a second unit or two-unit development,
the applicant shall comply with the requirements of Chapter 17.72
(Coastal Permits)."
Section 7. Section 17.96.578 (Development, two-unit) is hereby added to the
Rancho Palos Verdes Municipal Code, and shall read as follows (deletions in bold
strikethrough; additions in bold italics):
"17.96.578 - Development, two-unit.
"Two-unit development" means the construction of two new
residential dwelling units, other than an accessory dwelling unit or
junior accessory dwelling unit, on a single parcel where either(i) there
are no existing residential dwelling units other than an accessory
dwelling unit or(ii) all existing residential dwelling units other than an
accessory dwelling unit will be demolished prior to construction of the
two new residential dwelling units."
Section 8. Section 17.96.2155 (Unit, second) is hereby added to the Rancho
Palos Verdes Municipal Code and shall read as follows (deletions in ;
additions in bold italics):
"17.96.2155- Unit, second.
"Second unit" means a residential dwelling unit, other than an
accessory dwelling unit or junior accessory dwelling unit, added to a
property with an existing primary dwelling unit, either by (i) the
construction of a new residential dwelling unit, (ii) the conversion of
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Page 11 of 13
an existing structure into a residential dwelling unit, (iii) the
bifurcation of an existing residential dwelling unit into two separate
residential dwelling units, or(iv) the use of another means other than
the construction of a two-unit development."
Section 9. Section 17.96.2170 (Urban lot split) is hereby added to the Rancho
Palos Verdes Municipal Code and shall read as follows (deletions in ;
additions in bold italics):
"17.96.2170- Urban lot split.
"Urban lot split"means the division of one parcel into two parcels as
authorized by Government Code Section 66411.7 and complying with
the provisions of Chapter 16.40."
Section 10. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses, phrases,
parts or portions thereof be declared invalid or unconstitutional.
Section 11. Posting. The City Clerk shall certify to the passage and adoption of
this Ordinance by the City Council and shall cause a this ordinance to be published or
posted in accordance with Government Code section 36933 as required by law.
Section 12. Effective Date. Pursuant to Government Code section 36937, this
Urgency Ordinance shall take effective immediately upon approval of the same by a four-
fifths (4/5) affirmative vote of the City Council.
01203.0002/756855.3 Ordinance No. 656U
Page 12 of 13
PASSED, APPROVED and ADOPTED by a 4/5th vote of the, entire City Council
this 21St day of December, 2021.
P --
David
L. Bradley, A -yor
ATTEST:
eresa akaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, 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. 656U was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on December 21, 2021, and that the same was
passed and adopted by the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
01203 0002/756855.3 Ordinance No 656U
Page 13 of 13
i ,ugt
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440.0
tS
C ITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on December 22, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 656U, AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING TITLE 16 (SUBDIVISION) BY ADDING
SECTION 16.40 (URBAN LOT SPLITS), AMENDING TITLE 17
(ZONING)OF SECTION 17.02.020(SINGLE FAMILY RESIDENTIAL
((RS)) DISTRICTS — USES AND DEVELOPMENT PERMITTED),
ADDING CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY ZONES), AND AMENDING
CHAPTER 17.96 (DEFINITIONS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE THEREBY ESTABLISHING
DEFINITIONS AND REGULATIONS FOR URBAN LOT SPLITS AND
TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL
ZONES, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
gillarCity Clerk