CC SR 20220920 01 - SB 9 Ordinance
PUBLIC HEARING
Date: September 20, 2022
Subject:
Consideration and possible action to amend Chapter 16.40 (Urban Lot Splits), Chapter 17.09 (Second
Units and Two-Unit Developments in Single-Family Zones) and Chapter 17.96 (Definitions) of the
Rancho Palos Verdes Municipal Code regarding urban lot splits, and second unit and two -unit
developments in single-family residential zones (Case No. PLCA2022-0001).
Recommendation:
Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
CHAPTER 16.40 (URBAN LOT SPLITS), CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT DEVELOPMENTS
IN SINGLE-FAMILY ZONES) AND CHAPTER 17.96 (DEFINITIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, THEREBY ESTABLISHING REGULATIONS AND DEFINITIONS FOR URBAN LOT SPLITS
AND FOR SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES.
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Bradley
3. Request for Staff Report: Mayor Bradley
4. Staff Report & Recommendation: Jaehee Yoon, Senior Planner
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 Bradley
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 09/20/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to amend Chapter 16.40 (Urban Lot Splits), Chapter
17.09 (Second Units and Two-Unit Developments in Single-Family Zones) and Chapter
17.96 (Definitions) of the Rancho Palos Verdes Municipal Code regarding urban lot splits,
and second unit and two-unit developments in single-family residential zones (Case No.
PLCA2022-0001).
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 16.40 (URBAN LOT SPLITS),
CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN
SINGLE-FAMILY ZONES) AND CHAPTER 17.96 (DEFINITIONS) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE, THEREBY ESTABLISHING
REGULATIONS AND DEFINITIONS FOR URBAN LOT SPLITS AND FOR
SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY
RESIDENTIAL ZONES.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Ordinance No. ___ (redlined version) (page A-1)
B. Planning Commission Resolution No. 2022-08 (page B-1)
C. Urgency Ordinance No. 656U (page C-1)
To view the August 16, 2022, City Council staff report, click on the following link:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4218&meta_id=106306
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BACKGROUND:
On September 16, 2021, Governor Newsom signed into law Senate Bill No. 9 (SB 9) to
facilitate housing development by increasing existing density limits in single -family
residential zones.
On December 21, 2021, the City Council adopted Urgency Ordinance No. 656U
(Attachment C) to codify regulations in Title 16 (Subdivisions) and Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code (RPVMC) to establish subdivision regulations and
development standards for potential lot splits and second unit or two-unit developments
implemented through SB 9, and also initiated regular code amendment proceedings.
On July 12, 2022, the Planning Commission adopted P.C. Resolution No. 2022 -08
(Attachment B), recommending the City Council adopt an ordinance amending Title 17
(Zoning), thereby establishing definitions and regulations for second unit and two-unit
developments in single-family residential zones.
On August 16, 2022, proposed code amendments to Title 16 (Subdivisions) and Title 17
(Zoning) were first introduced to the City Council for its consideration. At the meeting, the
City Council provided input on the draft ordinance as summarized below:
• Require courtesy public notifications for both urban lot splits and second unit/two-unit
developments;
• Clarify that the driveway provision is regarding driveway “approaches” and also limit
other encroachments;
• Include a provision requiring a Conditional Use Permit (CUP) for second unit and two-
unit developments where the site has no two distinct means of access;
• Include a provision that will limit the use of second unit and two-unit developments to
residential uses only; and
• Re-incorporate affordable rental requirements with alternative means of compliance
other than in-lieu fees.
The item was continued to September 20, 2022, to allow additional time for Staff and the
City Attorney’s Office to incorporate the input received and revise the draft ordinance
accordingly for introduction.
DISCUSSION:
The updated draft ordinance continues to propose provisions that will further clarify and
refine the City’s SB 9 ordinance. Below is a summary of additional provisions that are
being revised or added per the City Council’s input at its August 16 meeting, which are
identified in italics, followed by a discussion of the proposed amendment. A strikethrough
copy of the draft ordinance showing the proposed amendments has been attached to this
report as Attachment A.
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Chapter 16.40 (Urban Lot Splits)
1. Require courtesy public notification upon application approval
A new subsection is proposed in Section 16.40.020 that requires a courtesy notice upon
project approval to all parcels adjacent to the project site and local homeowners
associations, if one exists and is known by the City.
2. Clarify the provision related to driveway approaches and limit encroachments
Additional language is proposed in Section16.40.040(G) to prohibit encroachments for
more than one driveway approach per lot or other encroachments unless it is determined
by the Public Works Director that it is necessary for public health and safety purposes.
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones)
1. Require courtesy public notification upon application approval
A new subsection is proposed in Section 17.09.020 that requires a courtesy notice upon
project approval to all parcels adjacent to the project site and local homeowners
associations, if one exists and is known by the City.
2. Clarify the provision related to driveway approaches and limit encroachments
Section 17.09.040(L) has been clarified to regulate driveway approaches and additional
language is proposed to prohibit more than one driveway approach or other
encroachments unless it is determined by the Public Works Director that it is necessary
for public health and safety purposes.
3. Include a provision requiring a CUP for second unit and two-unit development
applications where the site has no two distinct means of access
A new Section 17.09.060 (Development in Very High Fire Hazard Severity Zone) is
proposed to regulate projects in the Very High Fire Hazard Severity Zone that do not have
two distinct means of access. Specifically, the provision replicates language found in the
City’s Accessory Dwelling Unit (ADU) ordinance.
It should be noted that SB 9 applications are required by state law to be processed
ministerially with objective standards. Since Conditional Use Permit (CUP) applications
are discretionary, this is a provision that City Council may consider tabling to a later date
to allow Staff additional time to draft objective standards that can better address fire safety
concerns and align with the intent of SB 9. If the City Council wishes to table this specific
provision, it should be indicated in the motion with direction to re-visit the language at a
future date. Staff will then work with the Fire Department and traffic engineers to
determine appropriate measures to be reviewed that can be incorporated to ensure the
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additional density created through potential second unit or two-unit developments along
properties without two distinct means of access can be adequately managed.
4. Include a provision that will limit the use of second unit and two-unit developments
to residential only
A new subsection is proposed in Section 17.09.070 that limits the use of second unit and
two-unit developments for its intended use as a residence only so as not to be utilized for
ancillary uses for the primary residence.
5. Re-incorporate affordable rental requirements with alternative means of
compliance other than in-lieu fees
The affordable rental requirement has been re-incorporated with revisions to the
affordability category and an alternative means of compliance . Specifically, the
affordability category has been revised from limiting the unit to low-income households to
moderate-income households. This allows for greater flexibility in allowing the property
owner to rent out to a wider range of households (i.e., from very low-income to moderate-
income) at their discretion, that will be more economically inducive for the development
of second unit or two-unit developments. In addition, a new provision is included to
provide an alternative means of compliance offsite instead of an in -lieu fee through the
construction of a new unit, the conversion of an existing non -habitable structure to a
habitable structure, or the conversion of an existing market -rate unit to an affordable unit.
Environmental Assessment
The proposed regulations implementing SB 9 are not a “project” for purposes of the
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.
CONCLUSION:
Staff recommends the City Council introduce the attached draft ordinance to establish
procedures and standards for urban lot splits and the creation of second units and two -
unit developments in single-family residential zones as required by SB 9.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify issues or modified language to consider in the draft ordinance and continue
the public hearing to a date certain for introduction.
2. Direct Staff to take no action at this time.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 16.40 (URBAN LOT SPLITS),
CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY ZONES) AND
CHAPTER 17.96 (DEFINITIONS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, THEREBY ESTABLISHING
REGULATIONS AND DEFINITIONS FOR URBAN LOT
SPLITS AND FOR SECOND UNITS 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 housing 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, on December 21, 2021, the City Council adopted Urgency Ordinance
No. 656U to codify regulations in Title 16 (Subdivision) and Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code (RPVMC) pertaining to SB 9 projects, prior to SB
9 taking effect statewide on January 1, 2022; and
WHEREAS, the City desires to amend Chapter 16.40 (Urban Lot Splits), Chapter
17.09 (Second Units and Two-Unit Developments in Single-Family Zones) and Chapter
17.96 (Definitions) of Title 17 (Zoning) of the RPVMC to further refine and clarify the code
regulating SB 9 projects; and
WHEREAS, on March 24, 2022, a public notice was published in the Palos Verdes
Peninsula News, announcing code amendment proceedings to be heard by the Planning
Commission, pursuant to the requirements of the RPVMC; and
WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the
Planning Commission and Staff. The item was continued to April 26, 2022, May 10, 2022,
and subsequently to June 28, 2022, to allow Staff additional time to incorporate the input
received; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the draft ordinance; and
WHEREAS, on July 12, 2022, the Planning Commission adopted P.C. Resolution
No. 2022-08, recommending that the City Council adopt this Ordinance; and
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WHEREAS, on August 1 and 4, 2022, a public notice was published in the Daily
Breeze and the Palos Verdes Peninsula News, respectively, providing a notice of a public
hearing before the City Council on August 16, 2022; and
WHEREAS, on August 16, 2022, the City Council conducted a duly noticed public
hearing on this Ordinance, all testimony was received and made a part of the public
record, and continued the public hearing to September 20, 2022 with input on provisions
to be included in this Ordinance; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2022-08, 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 DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance to amend Title 16 (Subdivision) and
Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code regarding urban lot
splits and the creation of second units and two-unit developments.
Section 2. The proposed code amendments to Title (Subdivision) and Title 17
(Zoning) adopted herein are consistent with the Rancho Palos Verdes General Plan and
Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of
those plans.
Section 3. Chapter 16.40 (Urban Lot Splits) of Title 16 (Subdivisions) of the
RPVMC is hereby amended as follows (new text in bold underline, deletions in
strikethrough):
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 Permitted applicants; ministerial Ministerial review; standard for denial.
A. Only individual property owners may apply for an urban lot split. “Individual
property owner” means a natural person holding fee title individually or
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jointly in the person’s own name or as a beneficiary of a trust that holds fee
title. “Individual property owner” does not include any corporation or
corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.)
except for a “community land trust,” as defined in Revenue and Taxation
Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as
described in Revenue and Taxation Code Section 214.15.
AB. 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.
BC. An application for an urban lot split shall be approved or denied by the director.
CD 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).
DE. Notwithstanding subsection (AB), 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.
F. Upon application approval of an urban lot split, the Director shall provide a
courtesy notice to owners of all parcels adjacent to the project site, using the
last known county assessor tax roll, including local homeowners
associations, if one exists and is known by the City. Such notice shall not be
a requirement of the applicant for the purposes of deeming an application
complete for processing.
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 be located in the landslide moratorium area, as defined in Section
15.20.020;
E. Shall not have been created through a previous urban lot split ; and
FE. 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.;
G. Shall only have residential uses located on it on the date the urban lot split is
approved; and
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H. Shall have at least one residential dwelling unit with a valid certificate of
occupancy located on it on the date that the urban lot split is approved,
unless the parcel is owned by a “community land trust,” as defined in
Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified
nonprofit corporation” as described in Revenue and Taxation Code Section
214.15.
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
current parcel proposed for subdivision;
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.
BC. 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 (Limitation on Number of Units).
CD. 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 of the Government Code 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.
DE. As a condition of approval for an urban lot split, the applicant and owner (if different
from the applicant) owner of the parcel being split 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
(DC) of this section;
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 owner intends to occupy one of the housing units a residential
dwelling unit on one of the parcels created by the urban lot split as their
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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 (ED)(3) shall not
apply to an applicant that if the owner of the parcel is a “community land
trust,” as defined in Revenue and Taxation Code Section
402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in
Revenue and Taxation Code Section 214.15.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.
EF. 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.
FG. 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.
G. Lots created through an urban lot split shall only have one driveway
approach per lot. Review and approval by the Public Works Department shall
be required, as a condition of approval, prior to creation of a driveway
approach or other encroachment to ensure compliance with applicable safety
standards.
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.
16.40.050 Limitations applicable to new parcels.
A. Parcels created by an urban lot split shall only be used for residential uses,
notwithstanding the fact that other uses may be permitted in the zoning
district in which the parcels are located.
B. Residential units constructed on parcels created by an urban lot split shall not be
rented for a term of less than 31 consecutive days, also known as a short -term
rental.
C. A parcel created through an urban lot split may not be further subdivided by
a subsequent urban lot split.
16.40.060 Limitation on number of units.
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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.
16.50.080 Deed Restriction
As a condition of approval of an urban lot split, the owner of the parcel to be divided
shall execute a deed restriction, in a form approved by the city attorney, which shall
be recorded on each of the resulting parcels, at the property owner’s expense, and
shall limit the use of each parcel in accordance with the standards of this chapter.
Violation of the deed restriction shall be considered a violation of this code and
may be enforced in a manner that this code may be enforced.
Section 4. Chapter 17.09 (Second Units and Two-Unit Developments in Single-
Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning) of the RPVMC are
hereby amended as follows, with the remaining portions of those chapters remaining
unchanged (new text in bold underline, deletions in strikethrough):
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones)
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 c hapter.
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 (Site Plan
Review).
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, a s 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.
D. Upon application approval of a second unit or two-unit development, the
Director shall provide a courtesy notice to owners of all parcels adjacent to the
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project site, using the last known county assessor tax roll, including local
homeowners associations, if one exists and is known by the City. Such notice
shall not be a requirement of the applicant for the purposes of deeming an
application complete for processing.
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 typ es 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 th rough 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 resident ial real property has
exercised the owner's rights under Chapter 12.75 (commencing with Section 7060)
of Division 7 of Title 1 of the Government Code to withdraw accommodations from
rent or lease within 15 years before the date that the development propone nt 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 not be located in the landslide moratorium area, as defined in Section
15.20.020, unless the proposed project falls within one of the exception
categories in Section 15.20.040. If applicable, a landslide moratorium exception
permit shall be obtained by the applicant prior to the approval of the application
for a second unit or two-unit development.
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 dwelling unit structure on the
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parcel, subject to subsections (C) and (D) of Section 17.09.030 (Requirements). The
units in a two-unit development may be attached or detached from one another,
provided that adjacent or attached units shall be sufficiently constructed to allow for
separate conveyance.
B. Size. Notwithstanding any other development standard, aA second unit, and both
of the units in a two-unit development, shall may be up to no larger than 800 square
feet in floor area each. Second units, and both units in a two-unit development,
that are constructed on a lot that is at least 20,000 square feet may be up to
1,000 square feet in floor area.
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.
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 four feet from the side and rear lot
lines.
E. Parking.
1. One new off-street parking space, either enclosed or open, is required for a
second unit and one off-street parking space per unit is required for each unit of
a two-unit development. Such parking spaces shall be in addition to all
existing parking spaces on the parcel.
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.
3. If the construction of a second unit or two-unit development requires the
conversion or demolition of a garage, carport, or covered parking structure
required under subsection 17.02.030(E), then such covered parking spaces
shall be replaced. The replacement parking may be located in any
configuration on the same lot, 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. The replacement parking shall comply with the minimum
number of spaces and dimensions stated in subsection 17.02.030(E).
F. Decks. No attached decks, including roof decks and balconies, will be allowed
that exceed 6 inches in height, as measured from adjacent finished grade, for
second units or either unit in a two-unit development.
G. Grading. For second units and two-unit developments built on sloping lots,
grading shall be limited to a combined total of 200 cubic yards, provided the
proposed grading is limited to notching the unit(s) into the existing slope and
no additional grading is proposed to create ancillary flat surfaces around the
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proposed unit(s), except as may be required for fire safety requirements or
access purposes.
H. Extreme Slope. Applications for second units and two-unit developments
proposed to be built on extreme slopes may be denied if the City’s geologist
determines that the proposed structure(s) will result in a specific adverse
impact, as defined in Government Code Section 65589.5(d)(2), upon public
health and safety or the physical environment, that cannot be satisfactorily
mitigated or avoided. As a condition of approval of an application for a second
unit or two-unit development on an extreme slope or which involves grading to
accommodate the unit(s), the applicant shall submit a geological or
geotechnical study reasonably required by the City for review and approval by
the City’s geologist.
I. Location of Second Unit. A detached second unit shall be located behind the
primary residence, and be clearly subordinate to the primary residence, both
in height and width. If it is not legally and/or physically possible for a detached
second 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.
J. Separation Between Detached Units. Detached second units and both units of
a two-unit development, if detached from one another, built within a very high
fire hazard severity zone, must maintain a ten-foot separation from the primary
residence or each other, as applicable.
K. Separate Entrances. Detached second units and both units of a two-unit
development shall have separate entrances from any other unit.
L. Driveways. Notwithstanding the number of units on the lot, not more than one
driveway approach or other encroachment shall be allowed unless the Public
Works Director determines that more than one driveway approach or other
encroachment is required for public health and safety purposes.
M. Additional Development Standards. Except as provided in subsections (A ) through
(EL), 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.
N. Limitation on Enforcement of Development and Design Standards. If the
enforcement of a development standard, wWith 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 or the design standards
in Section 17.09.050, would physically limit the size of a primary dwelling unit
to less than 800 square feet, or would physically limit the property to having
only one primary dwelling unit, then the standard shall be relaxed or waived to
the extent necessary to allow the unit to be up to 800 square feet, or to allow a
second primary dwelling unit on the property, or both, as applicable. 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.
A-9
17.09.050 Design standards.
A. 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.
B. Each second unit shall be architecturally consistent with the primary reside nce
and both units of a two-unit development shall be architecturally consistent
with each other, such that the matching units use complementary color
palettes, exterior finishes, and matching roof pitches as viewed from all sides.
The roof slope must match that of the dominant roof slope of the primary
dwelling or matching unit. The dominant roof slope is the slope shared by the
largest portion of the roof.
C. Any garage door shall be removed from a garage or other accessory structure
that is converted to a second unit, and the opening shall be treated and finished
to match the primary residence.
D The units shall provide privacy mitigation measures by having the entrance to
the units face away from the nearest, adjacent property.
E. No entry to a second unit shall be visible from the public right-of-way.
F. The exterior lighting on a second unit or two-unit development must comply
with Section 17.56.030 (Outdoor Lighting for Residential Uses) of this code.
17.09.060 Rental term Development in Very High Fire Hazard Severity Zone
A. Where a lot or any portion thereof is located within a very high fire hazard
severity zone, a second unit or two-unit development 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-10
Figure 1
B. A second unit or two-unit development which does not comply with
17.09.060(A) may be allowed by the city with a conditional use permit in
accordance with RPVMC Chapter 17.60 (Conditional Use Permits).
Notwithstanding Section 17.60.060 (Appeal), the planning commission's
decision on a conditional use permit for a second unit or two-unit development
may be appealed to the city council. Any such appeal must occur within ten
business days of the planning commission's decision on a conditional use
permit for a second unit or two-unit development. Any decision made by the
city council on a conditional use permit for a second unit or two -unit
development unit is final.
C. Notwithstanding 17.09.060(A), a second unit or two-unit development 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.
17.09.070 Affordable rent requirement Rental term; separate conveyance; use
limitations.
A. Second units and the units in a two-unit development shall not be rented for a term
of less than 31 consecutive days, also known as a short-term rental.
B. A second unit may not be turned into a condominium or otherwise sold
separately from the other primary unit on the parcel. The units in a two-unit
development may not be turned into condominiums or otherwise sold
separately from one another. For purposes of this Chapter, “primary unit”
A-11
means a dwelling unit other than an accessory dwelling unit or junior
accessory dwelling unit.
C. Second units and both units in a two-unit development shall not have a primary
use other than a residential dwelling.
17.09.080 – Coastal permit Affordable rent requirement.
A. Whenever a development in a single-family residential zoning district either
adds two primary units to a lot, or adds a second primary unit to a lot, one of
the two primary units (i.e., 50% of the primary units), Second units, and both
units of a two -unit development, if rented, shall only be rented at no more than an
affordable rent for lowermoderate-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, persons or families of low
or moderate income, as defined in Health and Safet y Code Section 50093, for
a minimum of 55 years. As a condition of approval of, and Pprior 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 pr operty a
deed restriction, in a form approved by the director and the city attorney,
establishing legal restrictions consistent with this section.
B. In lieu of subsection A, the owner may opt to provide an affordable unit off-site
within the City, as a condition of approval of, and prior to the issuance of a
certificate of occupancy for any second unit or any unit of a two -unit
development. The affordable unit may be provided either through the
construction of a new unit, the conversion of an existing non-habitable
structure to a habitable structure, or the conversion of an existing market-rate
unit to an affordable unit. The offsite unit shall be subject to the same
affordability restrictions that would otherwise be applicable to the affordable
unit under subsection A, including, but not limited to, the execution and
recordation of a deed restriction. The offsite unit shall have at least the same
square footage and number of bedrooms as the second unit or the smaller of
the two units in the two -unit development.
17.09.090 Requirement for issuance of building permit.
A building permit shall not be issued for a second unit unless there is one existing
primary dwelling unit on the parcel. For purposes of this section, a primary dwelling
unit shall be considered to be “existing” if it has a current valid certificate of
occupancy or a building permit that has been finaled.
17.09.100 Total number of units.
A-12
A. Any lot created by a lot split pursuant to Chapter 16.40 (Urban Lot Splits) shall
be limited to a maximum of two units.
B. No more than four units shall be permitted on a single-family residential lot that
has not undergone a lot split.
C. The maximum number of units permitted on any single-family residential lot
may be any combination of primary dwelling units, second units, two-unit
developments, accessory dwelling units, or junior accessory dwelling units,
provided that the total permitted number of units per lot is not exceeded, and
subject to the limitations on the development of accessory dwelling units and
junior accessory dwelling units in Chapter 17.10 (Accessory Dwelling Unit and
Junior Accessory Dwelling Unit Development Standards).
17.09.080110 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).
Chapter 17.96 - Definitions
17.96.578 - Development, two-unit.
“Two-unit development” means the simultaneous construction development of two new
residential dwelling units, other than an accessory dwelling unit or junior accessory
dwelling unit, on a single parcel with where either (i) there are no existing primary
residential dwelling unit 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.”.
17.96.2155 - Unit, second.
“Second unit” means a second residential dwelling unit, other than an accessory dwelling
unit or junior accessory dwelling unit, added to a property parcel with only one an existing
primary dwelling unit, either by (i) the construction of a new residential dwelling unit, (ii)
the conversion of 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 5. This ordinance is exempt from the California Environmental Quality
Act (“CEQA”) pursuant to Government Code Sections 65852.21(j) and 66411.7(n), as
the proposed regulations implementing SB 9 are not considered a “project”, and
therefore, do not require any environmental review.
Section 6. 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
A-13
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 7. 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 8. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this 4th day of October 2022.
David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
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. ___ passed first reading on September 20, 2022, was duly adopted by the
City Council of said City at a regular meeting thereof held on October 4, 2022, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Teresa Takaoka, City Clerk
A-14
P.C. RESOLUTION NO. 2022-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES RECOMMENDING THAT
THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS
TO TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ESTABLISH DEFINITIONS AND
REGULATIONS FOR SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES
CASE NO. PLCA2022-0001)
WHEREAS, on September 16, 2021, the Governor signed into law Senate Bill No. 9
SB 9). This housing 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, on December 21, 2021, the City Council adopted Urgency Ordinance
No. 656U to codify regulations in Title 16 (Subdivision) and Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code (RPVMC) pertaining to SB 9 projects, prior to SB 9 taking
effect statewide on January 1, 2022; and
WHEREAS, the City desires to amend Chapter 17.09 (Second Units and Two-Unit
Developments in Single-Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning)
of the RPVMC to further refine and clarify the code to better regulate SB 9 projects; and
WHEREAS, on March 24, 2022, a public notice was published in the Palos Verdes
Peninsula News, announcing code amendment proceedings to be heard by the Planning
Commission, pursuant to the requirements of the RPVMC; and
WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the Planning
Commission and Staff. The item was continued to April 26, 2022, May 10, 2022, and
subsequently to June 28, 2022, to allow Staff additional time to incorporate the input
received; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the draft ordinance.
l
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated fully herein by
reference.
P.C. Resolution No.2022-08
Page 1 of 11B-1
SECTION 2. The Planning Commission has reviewed and considered the proposed
code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code
regarding second units and two-unit developments, as presented in `Exhibit A'.
SECTION 3. The proposed amendments are consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the
goals and policies of those plans.
SECTION 4. The proposed amendments are exempt from the California
Environmental Quality Act ("CEQA") pursuant to Government Code Sections 65852.21(j)
and 66411.7(n), as the proposed regulations implementing SB 9 are not considered a
project", and therefore, do not require any environmental review.
SECTION 5. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends that the City Council
adopt the Ordinance attached hereto as `Exhibit A,' entitled, "AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO AMEND SECTION 17.02.020 (SINGLE FAMILY
RESIDENTIAL (RS)) DISTRICTS — USES AND DEVELOPMENT PERMITTED), ADD
CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY
ZONES), AND AMEND CHAPTER 17.96 (DEFINITIONS) THEREBY ESTABLISHING
DEFINITIONS AND REGULATIONS FOR SECOND UNITS AND TWO-UNIT
DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES".
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022.
AYES: COMMISSIONERS NELSON, NULLMAN, PERESTAM, SAADATNEJADI
AND VICE-CHAIR CHURA
NOES: NONE
ABSTENTIONS: COMMISSIONER SANTAROSA AND CHAIR HAMILL
RECUSALS: NONE
ABSENT: NONE
eli tAAAA4
Julie amill
Cha
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
P.C. Resolution No.2022-08
Page 2 of 11B-2
EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached.
P.C. Resolution No.2022-08
Page 3 of 11B-3
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO AMEND SECTION 17.02.020
SINGLE FAMILY RESIDENTIAL (RS)) DISTRICTS— USES AND
DEVELOPMENT PERMITTED), ADD CHAPTER 17.09 (SECOND
UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY
ZONES), AND AMEND CHAPTER 17.96 (DEFINITIONS)
THEREBY ESTABLISHING DEFINITIONS AND REGULATIONS
FOR SECOND UNITS 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 housing 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, on December 21, 2021, the City Council adopted Urgency Ordinance
No. 656U to codify regulations in Title 16 (Subdivision) and Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code (RPVMC) pertaining to SB 9 projects, prior to SB 9 taking
effect statewide on January 1, 2022; and
WHEREAS, the City desires to amend Chapter 17.09 (Second Units and Two-Unit
Developments in Single-Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning)
of the RPVMC to further refine and clarify the code to better regulate SB 9 projects; and
WHEREAS, on March 24, 2022, a public notice was published in the Palos Verdes
Peninsula News, announcing code amendment proceedings to be heard by the Planning
Commission, pursuant to the requirements of the RPVMC; and
WHEREAS, on April 12, 2022, the Planning Commission held a duly-noticed public
hearing, at which time the draft ordinance was reviewed and discussed among the Planning
Commission and Staff. The item was continued to April 26, 2022, May 10, 2022, and
subsequently to June 28, 2022, to allow Staff additional time to incorporate the input
received; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the draft ordinance; and
WHEREAS, on July 12 2022, the Planning Commission adopted P.C. Resolution
No. 2022- , recommending that the City Council adopt this Ordinance; and
WHEREAS, on a public notice was published in the Palos Verdes Peninsula
News, providing a notice of a public hearing before the City Council on and
P.C. Resolution No.2022-08
Page 4 of 11B-4
WHEREAS, on the City Council conducted a duly noticed public hearing on
this Ordinance, and all testimony was received and made a part of the public record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2022- , 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 DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rancho Palos Verdes hereby
makes the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance to amend to Title 17 of the Rancho
Palos Verdes Municipal Code regarding second units and two-unit developments.
SECTION 2. The proposed code amendments to Title 17 adopted herein are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that
they uphold, and do not hinder, the goals and policies of those plans.
SECTION 3. Chapter 17.09 (Second Units and Two-Unit Developments in Single-
Family Zones) and Chapter 17.96 (Definitions) of Title 17 (Zoning) of the RPVMC are hereby
amended as follows, with the remaining portions of those chapters remaining unchanged
new text in bold underline, deletions in
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones)
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:g
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. Housingthat is to anyform of rent orprice control through apublic entity'ssubjectgY
valid exercise of its police power; or
3. Housing that has been occupied by a tenant in the last three years;
P.C. Resolution No.2022-08
Page 5 of 11B-5
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 of the Government Code 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 not be located in the landslide moratorium area, as defined in Section
15.20.020, unless the proposed project falls within one of the exception
categories in Section 15.20.040. If applicable, a landslide moratorium exception
permit shall be obtained by the applicant prior to the approval of the application
for a second unit or two-unit development.
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, - ' e e= - - -' = - = - -' : - . - _ _ -- - - , may be
attached to7-adjacent to, or detached from, any other dwelling unit structure on the
parcel, subject to subsections (C) and (D) of Section 17.09.030 (Requirements). The
units in a two-unit development may be attached or detached from one another;
B. Size. Notwithstanding any other development standard, aA second unit, and both
efthe units in a two-unit development, shat may be up to 800 square
feet in floor area each. Second units, and both units in a two-unit development,
that are constructed on a lot that is at least 20,000 square feet may be up to 1,000
square feet in floor area.
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.
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 four feet from the side and rear lot lines.
E. Parking.
1. One new off-street parking space, either enclosed or open, is required for a
second unit and = - - = • -- =- •- = = - -- = - - -• • -= -' -= for each unit of a
two-unit development. Such parking spaces shall be in addition to all existing
parking spaces on the parcel.
P.C. Resolution No.2022-08
Page 6 of 11B-6
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. Decks. No attached decks, including roof decks and balconies, will be allowed
that exceed 6 inches in height, as measured from adjacent finished grade, for
second units or either unit in a two-unit development.
G. Grading. For second units and two-unit developments built on sloping lots,
grading shall be limited to a combined total of 200 cubic yards, provided the
proposed grading is limited to notching the unit(s) into the existing slope and no
additional grading is proposed to create ancillary flat surfaces around the
proposed unit(s), except as may be required for fire safety requirements or
access purposes.
H. Extreme Slope. Applications for second units and two-unit developments
proposed to be built on extreme slopes may be denied if the City's geologist
determines that the proposed structure(s)will result in a specific adverse impact,
as defined in Government Code Section 65589.5(d)(2), upon public health and
safety or the physical environment, that cannot be satisfactorily mitigated or
avoided. As a condition of approval of an application for a second unit or two-
unit development on an extreme slope or which involves grading to
accommodate the unit(s), the applicant shall submit a geological or geotechnical
study reasonably required by the City for review and approval by the City's
geologist.
I. Location of Second Unit. A detached second unit shall be located behind the
primary residence, and be clearly subordinate to the primary residence, both in
height and width. If it is not legally and/or physically possible for a detached
second 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.
J. Separation Between Detached Units. Detached second units and both units of a
two-unit development, if detached from one another, built within a very high fire
hazard severity zone, must maintain a ten-foot separation from the primary
residence or each other, as applicable.
K. Separate Entrances. Detached second units and both units of a two-unit
development shall have separate entrances from any other unit.
L. Driveways. Notwithstanding the number of units on the lot, no additional curb
cuts to create new driveways shall be allowed unless the Public Works Director
determines that a new curb cut is required for public health and safety purposes.
M.Additional Development Standards. Except as provided in subsections (A)through (EL),
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.
N. Limitation on Enforcement of Development and Design Standards. If the enforcement
of a development standard, wWith the exceptions of the setback requirements in
P.C. Resolution No.2022-08
Page 7 of 11B-7
subsection (D),
e - e or the design standards in Section 17.09.050,
would physically limit the size of a primary dwelling unit to less than 800 square
feet, or would physically limit the property to having only one primary dwelling
unit, then the standard shall be relaxed or waived to the extent necessary to allow
the unit to be up to 800 square feet, or to allow a second primary dwelling unit
on the property, or both, as applicable. = - - - - - - - - • _ : - _ - - - - • -
19 - - -- •- .-
17.09.050 Design standards.
A. 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.
B. Each second unit shall be architecturally consistent with the primary residence
and both units of a two-unit development shall be architecturally consistent with
each other, such that the matching units use complementary color palettes,
exterior finishes, and matching roof pitches as viewed from all sides. The roof
slope must match that of the dominant roof slope of the primary dwelling or
matching unit. The dominant roof slope is the slope shared by the largest portion
of the roof.
C. Any garage door shall be removed from a garage or other accessory structure
that is converted to a second unit, and the opening shall be treated and finished
to match the primary residence.
D The units shall provide privacy mitigation measures by having the entrance to
the units face away from the nearest, adjacent property.
E. No entry to a second unit shall be visible from the public right-of-way.
F. The exterior lighting on a second unit or two-unit development must comply with
Section 17.56.030 (Outdoor Lighting for Residential Uses) of this code.
17.09.060 Rental term; separate conveyance.
A. Second units and the units in a two-unit development shall not be rented for a term of
less than 31 consecutive days.
B. A second unit may not be turned into a condominium or otherwise sold
separately from the other primary unit on the parcel. The units in a two-unit
development may not be turned into condominiums or otherwise sold separately
from one another. For purposes of this Chapter, "primary unit" means a dwelling
unit other than an accessory dwelling unit or junior accessory dwelling unit.
1 1 e e - •- e-- -e . - -* -
1
and Safety Code Section 50079.5, for a minimum of 55 years. Prior to the issuance of a
P.C. Resolution No.2022-08
Page 8 of 11B-8
form approved by the director and the city attorney, establishing legal restrictions
17.09.070 Requirement for issuance of building permit.
A building permit shall not be issued for a second unit unless there is one existing
primary dwelling unit on the parcel. For purposes of this section, a primary dwelling
unit shall be considered to be "existing" if it has a current valid certificate of
occupancy or a building permit that has been finaled.
17.09.080 Total number of units
A. Any lot created by a lot split pursuant to Chapter 16.40 (Urban Lot Splits) shall be
limited to a maximum of two units.
B. No more than four units shall be permitted on a single-family residential lot that
has not undergone a lot split.
C. The maximum number of units permitted on any single-family residential lot may
be any combination of primary dwelling units, second units, two-unit
developments, accessory dwelling units, or junior accessory dwelling units,
provided that the total permitted number of units per lot is not exceeded, and
subject to the limitations on the development of accessory dwelling units and
junior accessory dwelling units in Chapter 17. 10 (Accessory Dwelling Unit and
Junior Accessory Dwelling Unit Development Standards).
17.09.890 Coastal permit.
Notwithstanding any other provision of this chapter,
the applicant shall comply with the
requirements of Chapter 17.72 (Coastal Permits).
Chapter 17.96 - Definitions
17.96.578 - Development, two-unit.
Two-unit development" means the simultaneous development of two newpp
residential dwelling units, other than an accessory dwelling unit or junior accessory dwelling
unit, on a single parcel with where either (i) there are no existing primary residential
dwelling unit - - - a
17.96.2155 - Unit, second.
Second unit" means a second residential dwelling unit, other than an accessory dwelling
unit or junior accessory dwelling unit, added to a parcel with one and only one
an-existing primary dwelling unit, -• - - -
P.C. Resolution No.2022-08
Page 9 of 11B-9
me
SECTION 4. This ordinance is exempt from the California Environmental Quality
Act ("CEQA") pursuant to Government Code Sections 65852.21(j) and 66411.7(n), as the
proposed regulations implementing SB 9 are not considered a "project", and therefore, do
not require any environmental review.
SECTION 5. 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 6. 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 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this day of 2022.
David L. Bradley, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF RANCHO PALOS VERDES )
P.C. Resolution No.2022-08
Page 10 of 11B-10
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Ordinance No. 2022- , was duly-adopted by the City Council of said City at a
regular meeting thereof held on 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
P.C. Resolution No.2022-08
Page 11 of 11B-11
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);
01203.0002/756855.3 Ordinance No 656U
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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):
01203.0002/756855.3 Ordinance No 656U
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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
01203 0002/756855.3 Ordinance No 656U
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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.
01203.0002/756855.3 Ordinance No. 656U
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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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Page 10 of 13
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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
01203 0002/756855.3 Ordinance No. 656U
Page 11 of 13
C-11
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
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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
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i ,ugt
t
a
tol t
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
C-14