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CC SR 20211221 01 - SB9 Urgency Ordinance 01203.0005/756030.1 CITY COUNCIL MEETING DATE: 12/24/2021 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to adopt an urgency ordinance establishing objective standards for implementation of Senate Bill No. 9. RECOMMENDED COUNCIL ACTION: (1) Adopt, by a four-fifths vote of the entire City Council, Urgency Ordinance No. __-U, “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”; and, (2) Initiate regular code amendment proceedings to amend Title 16 (Subdivisions) and Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to establish definitions and regulations for urban lot splits and two-unit developments in single- family residential zone. FISCAL IMPACT: There will be no expenditure on the part of the City to adopt this ordinance. The cost to administer the same is unknown as of this writing . Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: William W. Wynder, City Attorney REVIEWED BY: Ken Rukavina, Community Development Director APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Urgency Ordinance No. __-U (page A-1) 1 BACKGROUND: 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. This is in addition to permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in some cases. 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. 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. For this reason, Staff has developed an urgency ordinance, which is included as Attachment A and summarized below. Given the January 1, 2022 implementation date of SB 9, the City Council will need to adopt an urgency ordinance prior to the end of 2021 in order for the regulations to become effective prior to the effective date of SB 9. If adopted, the urgency ordinance would be in effect for an initial 45 -day period, unless further extended pursuant to the provisions of Government Code Section 65858. Moreover, further revisions to the urgency ordinance can be considered after its been enacted. DISCUSSION: SB 9 requires ministerial approval by the City of: 1) two-lot subdivisions of single-family residential lots, 2) development projects for up to two units per lot in single-family zones, and 3) a project that includes both 1 and 2 above. The state law outlines several requirements for the ministerial approval of a two-lot subdivision and/or two-unit development. These include: • Each new lot must be at least 1,200 square feet; • Each new lot must be relatively equal in lot area and no lot can be less than 40% of the original lot size; • Lots previously subdivided via SB 9 cannot be subdivided again; and • The City cannot establish regulations that prohibit units of at least 800 square feet in size. SB 9 also outlines what types of regulations a local jurisdiction can and cannot impose on an SB 9 project, and requires adoption of “objective standards” by which the Planning Staff of the City can implement SB 9. “Objective standards,” in the context of and mandated by SB 9, means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. 2 The table below outlines SB 9 regulations. REGULATION PERMITTED NOT PERMITTED Subdivision Requirements • Easements for provision of public services • Easements to ensure subdivided lots have access to the public right-of-way • Dedication of rights-of-way • Construction of offsite improvements • Correction of nonconforming zoning conditions Objective Standards • Objective zoning standards, subdivision standards, and design standards • No setback can be required if unit is built within the footprint of an existing structure • Otherwise, maximum 4-foot setback from side and rear yards • Standards cannot physically prevent the development of an 800 square foot unit on each lot Parking • Can require one parking space per unit • Cannot require parking if site is within one-half mile of a high-quality transit corridor or a major transit stop or if there is a car share vehicle within one block of the project Rental Restrictions • Prohibit short term rental of any units created through SB 9 • For lot splits, applicants must submit an affidavit that they intend to occupy one of units as a principal residence for at least three years • No additional owner occupancy standards allowed Proposed Regulations Contained in the Urgency Ordinance The attached urgency ordinance (Attachment A) has been developed pursuant to the regulations contained in SB 9. In addition, the urgency ordinance reflects past direction provided by the City Council. The ordinance contains the following provisions: 3 Objective Standards for Urban Lot Splits The urgency ordinance outlines the following requirements for urban lot splits regulated by Title 16 (Subdivisions). These regulations were crafted to retain the existing open space character and quality of the single-family areas of the City. The proposed lot split objective standards in RS zoning districts are as follows: • No lot resulting from an urban lot split shall be smaller than 1,200 square feet; • Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for subdivision; • No more than two units are permitted on any parcel created by an urban lot split; • No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner lot, or on a through lot; • No right-of-way dedications shall be imposed upon urban lot split projects; and • Applicants shall comply with the requirements of Chapter 17.72 (Coastal Permits). The objective standards created would generally create a “front” lot (adjacent to the street) and a “rear” lot (generally the back half of a lot, adjacent to the alley, if there is one) if an urban lot split is completed. Additionally, the City may deny an application for an urban lot split of the Building Official finds that the project would have a specific, adverse impact upon public health and safety or the physical environment, provided that there is no feasible mitigation measure. Objective Standards for Units Constructed The ordinance outlines the following objective standards for units created under the provisions of SB 9 and regulated by Title 17 (Zoning): • Units may not be larger than 800 square feet (including basement area); • Second units, and units on a two-unit development, may not be taller than 16 feet in height and no more than one story; • Each unit on each lot shall have a separate entrance; • One parking space is required for a second unit and one off-street parking space per unit is required for each unit of a two-unit development (unless parking cannot be required per state law); • 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; and • Applicants shall comply with the requirements of Chapter 17.72 (Coastal Permits). These objective standards outline what is allowed under the provisions of SB 9 and 4 provide for development that is not inconsistent with the character of the single-family neighborhoods in the City, to enable the City the opportunity to continue studying appropriate standards for permanent regulations. Additionally, as previously noted, the City may deny an application for an urban lot split of the Building Official finds that the project would have a specific, adverse impact upon public health and safety or the physical environment, provided that there is no feasible mitigation measure. Affordability Requirement The ordinance contains a provision requiring that if, pursuant to SB 9, second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for low-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to low-income households 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 establishing this restriction. Adverse Impact Findings As previously noted, with respect to the “lot split” provisions of SB 9, the proposed urgency ordinance requires that the City’s building official ministerially approve an urban lot split unless the official 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 § 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. The proposed urgency ordinance complies with the mandate of SB 9 and provides those “objective standards” by which City Planning Staff can implement this new state law. It is proposed for adoption as an urgency ordinance because the same must be in place prior to the effective date of SB 9 as noted above. Initiate Regular Code Amendment Proceedings If initiated, regular code amendment proceedings will occur with the Planning Commission. Amendments to Title 17 (Zoning) as specified in the attached urgency ordinance will be presented to the Planning Commission for consideration and recommendation to the City Council prior to the City Council’s formal introduction (first reading) and adoption (second reading) of the proposed SB9 code amendments. CONCLUSION: Given the need to establish objective standards regarding housing developments and lot splits to regulate SB 9 projects by the January 1, 2022 deadline, Staff recommends the City Council adopt the urgency ordinance this evening by a four-fifths vote. 5 ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not adopt the draft urgency ordinance. 2. Direct Staff and the City Attorney to further revise the draft urgency ordinance by reading into the record the desired revisions at the December 21, 2021 meeting in order to meet the January 1, 2022 effective date of SB 9. 3. Take other action, as deemed appropriate. 6 01203.0002/756855.3 1 ORDINANCE NO. ___-U 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 dwelli ng unit would A-1 01203.0002/756855.3 2 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 bold strikethrough; 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. A-2 01203.0002/756855.3 3 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 of the lot area of the original parcel proposed for subdivision; A-3 01203.0002/756855.3 4 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; A-4 01203.0002/756855.3 5 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 c ity 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. I. 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. A-5 01203.0002/756855.3 6 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 bold strikethrough; 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); A-6 01203.0002/756855.3 7 C. D. Private outdoor recreational uses, such as tennis courts, swimming pools and basketball courts, which are incidental to the residential use of the property; D. E. Residential planned development (RPD), pursuant to Chapter 17.42 (Residential Planned Development); E. 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; I. J. Small family day care; J. 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; L. 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 th e 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 bold strikethrough; additions in bold italics): A-7 01203.0002/756855.3 8 “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: A-8 01203.0002/756855.3 9 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 parc el 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 wi thdraw 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 define d 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. A-9 01203.0002/756855.3 10 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 one off-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 second 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. A-10 01203.0002/756855.3 11 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 bold strikethrough; 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 A-11 01203.0002/756855.3 12 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 bold strikethrough; 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 the reof, 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. A-12 01203.0002/756855.3 13 PASSED, APPROVED and ADOPTED by a 4/5th vote of the entire City Council this 21st day of December, 2021. ______________________________ David L. Bradley, Mayor ATTEST: _______________________ Teresa Takaoka, 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. ____-U 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: NOES: ABSENT: ABSTAIN: _______________________ City Clerk A-13