CC SR 20221004 01 - ADU Ordinance Amendment
PUBLIC HEARING
Date: October 4, 2022
Subject:
Consideration and possible action to adopt proposed amendments to Section 17.10.020 (Accessory
dwelling unit and junior accessory dwelling unit development standards) and Chapter 17.96
(Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify applicability of
established architectural standards to accessory dwelling units (ADUs) and junior accessory dwelling
units (JADUs).
Recommendation:
Open the public hearing, receive comments, and if acceptable, table the public hearing and direct Staff
to return to the City Council meeting on October 18, 2022 with an urgency ordinance outlining
comprehensive amendments to update the City’s ADU and JADU code provisions in response to the
August 29, 2022 letter from the Department of Housing and Community Development.
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: Steven Giang, Associate 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: 10/04/2022
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to adopt proposed amendments to Section 17.10.020
(Accessory dwelling unit and junior accessory dwelling unit development standards) and
Chapter 17.96 (Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code to clarify applicability of established architectural standards to accessory dwelling
units (ADUs) and junior accessory dwelling units (JADUs).
RECOMMENDED COUNCIL ACTION:
(1) Open the public hearing, receive comments, and if acceptable, table the public
hearing and direct Staff to return to the City Council meeting on October 18, 2022
with an urgency ordinance outlining comprehensive amendments to update the
City’s ADU and JADU code provisions in response to the August 29, 2022 letter
from the Department of Housing and Community Development.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Steven Giang, Associate Planner
REVIEWED BY: Ken Rukavina, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. P.C. Resolution No. 2022-13 (page A-1)
B. HCD Letter dated August 29, 2022 (page B-1)
BACKGROUND AND DISCUSSION:
On August 23, 2022, the Planning Commission adopted P.C. Resolution No. 2022 -13
(Attachment A), recommending that the City Council adopt specific proposed code
language to Section 17.10.020 (Accessory dwelling unit and junior accessory dwelling
unit development standards) to clarify applicability of established architectural standards
to State of California exempt ADUs and JADUs as well as to clarify the use of such
improvements.
1
On September 20, 2022, the City Council was to consider the proposed code
amendments, but the public hearing was continued to the City Council meeting on
October 4, 2022. The public hearing was continued to allow Staff the opportunity to further
assess code amendments in relation to a Department of Housing and Community
Development Department (HCD) response letter to the City’s ADU and JADU Ordinance
that was received by the City on August 29, 2022 (Attachment B).
Based on an assessment of the HCD letter, additional code updates are needed to bring
the City’s existing ADU and JADU Ordinance in compliance with state law as noted in the
August 29 letter. Therefore, Staff recommends this item be tabled and the City Council
direct Staff to return to the City Council meeting on October 18, 2022 with an urgency
ordinance outlining comprehensive amendments to update the City’s ADU and JADU
code provisions, including those previously considered by the Planning Commission and
any necessary to comply with state law as noted in HCD’s letter.
If an urgency ordinance is adopted on October 18, 2022, all ADU and JADU code
amendments will go into effect immediately. The City Council will also be asked on
October 18 to initiate the regular code amendment proceedings by having the Planning
Commission review the proposed language and to forward a recommendation for the City
Council’s consideration as a regular ordinance. The regular code amendment process
would require publishing a public notice and conducting public hearings.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to prepare a regular ordinance for the adoption of the code
amendments previously considered by the Planning Commission to be
presented at the next available City Council meeting.
2
P.C. RESOLUTION NO. 2022-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT CODE AMENDMENTS TO SECTION 17.10.020
ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT STANDARDS) OF CHAPTER
17.10 (ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT STANDARDS); AND SECTION
17.96.022 (ACCESSORY DWELLING UNIT) AND SECTION
17.96.995 (JUNIOR ACCESSORY DWELLING UNIT) OF CHAPTER
17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE; TO CLARIFY APPLICABILITY
OF ESTABLISHED ARCHITECTURAL STANDARDS TO STATE OF
CALIFORNIA EXEMPT ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AS WELL AS TO
CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO.
PLCA2022-0004)
WHEREAS, on October 9, 2019, Governor Newsom signed into law Assembly Bill
No. 881 (AB 881) to facilitate housing development by creating exemptions for the
development of certain accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on January 19, 2021, the City Council adopted Ordinance No. 640,
adding Chapter 17. 10 (Accessory dwelling unit and junior accessory dwelling unit
development standards) to the Rancho Palos Verdes Municipal Code (RPVMC), thereby
establishing standards for the development and maintenance of accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, on August 4, 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be considered by the Planning Commission on August 23, 2022, pursuant
to the requirements,of the RPVMC; and
WHEREAS, the proposed revisions to Chapter 17.10 will bring the ordinance in
line with certain provisions of AB 881; and
WHEREAS, on August 23, 2022, the Planning Commission conducted the public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the proposed code amendments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS
FOLLOWS:
P C. Resolution No.2022-13
Page 1
A-1
SECTION 1. The above recitals are true and correct and incorporated fully herein
by reference.
SECTION 2. The Planning Commission has reviewed and considered the
proposed code amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code (Case No. PLCA2022-0004) and has determined that the proposed amendments
to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal
Specific Plan in that such amendments uphold the goals and policies of those plans, and
that the proposed code amendments would ensure the protection of properties and
persons from environmental effects created by any use or development of land.
SECTION 3. Specifying accessory dwelling units and junior accessory dwelling
units under 800 ft2 (garage included) and less than 16 feet in height to be exempt from
the objective architectural standards of Section 17.10.020 (B)(6) of the City's RPVMC
would promote ADU development and ensure compliance with State ADU regulations.
SECTION 4. Amending the provisions for outdoor lighting and roof decks will
ensure that the City continues to promote the objective architectural standards for related
to roof decks and outdoor lighting standards.
SECTION 5. Amending the definitions for accessory dwelling units (Section
17.96.022) and junior accessory dwelling units (Section 17.96.995) will clarify the
intended uses for these types of improvements.
SECTION 6. The proposed code amendments to Title 17 (Zoning) of the RPVMC
are exempt from the requirements of the California Environmental Quality Act (CEQA)
because the proposed ordinance: (1) does not constitute a "project" under CEQA
Guidelines Section 15378(b)( 2), but rather constitutes general policy and procedure
making; (2) does not constitute a "project" under CEQA Guidelines Section 15378(b)(5)
because it has no potential for resulting in physical change to the environment, either
directly or indirectly; and (3) in the alternative, pursuant to CEQA Guidelines Section
15060(c)(2), the activity will not result in direct or reasonably foreseeable indirect physical
change in the environment, and Section 15061(b)(3), since it can be seen with certainty
that there is no possibility that this Ordinance will have a significant effect on the
environment.
SECTION 6. For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes, any oral or documentary testimony submitted at the
public hearing, and other records of proceedings, the Planning Commission of the City of
Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be
adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDMENTS TO SECTION 17.10.020 (ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS) OF CHAPTER 17.10
ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT STANDARDS); AND SECTION 17.96.022 (ACCESSORY DWELLING
UNIT) AND SECTION 17.96.995 (JUNIOR ACCESSORY DWELLING UNIT) OF
CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
P.C. Resolution No.2022-13
Page 2
A-2
VERDES MUNICIPAL CODE; TO CLARIFY APPLICABILITY OF ESTABLISHED
ARCHITECTURAL STANDARDS TO STATE OF CALIFORNIA EXEMPT ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AS WELL AS TO
CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO. PLCA2022-0004)." in the
form attached to this Resolution As Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 23rd day of August, 2022.
AYES: COMMISSIONERS NELSON, NULMAN, PERESTAM, SAADATNEJADI,
SANTAROSA, AND CHAIR HAMILL
NOES: VICE CHAIR CHURA
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
1/\A/
Julie : SII r
Chair!:
Ken Rukavina, PE,
Director of Community Development
Secretary of the Planning Commission
P.C. Resolution No.2022-13
Page 3
A-3
EXHIBIT "A"
DRAFT ORDINANCE NO. _
e
P.C. Resolution No.2022-13
Page 4
A-4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDMENTS TO SECTION 17.10.020 (ACCESSORY DWELLING
UNIT AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS) OF CHAPTER 17.10 (ACCESSORY DWELLING UNIT
AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT
STANDARDS); AND SECTION 17.96.022 (ACCESSORY DWELLING
UNIT) AND SECTION 17.96.995 (JUNIOR ACCESSORY DWELLING
UNIT) OF CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE; TO CLARIFY
APPLICABILITY OF ESTABLISHED ARCHITECTURAL STANDARDS
TO STATE OF CALIFORNIA EXEMPT ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AS WELL AS
TO CLARIFY THE USE OF SUCH IMPROVEMENTS (CASE NO.
PLCA2022-0004).
WHEREAS, on October 9, 2019, Governor Newsom signed into law Assembly Bill
No. 881 (AB 881) to facilitate housing development by creating exemptions for the
development of certain accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on January 19, 2021, the City Council adopted Ordinance No. 640,
adding Chapter 17.10 (Accessory dwelling unit and junior accessory dwelling unit
development standards) to the Rancho Palos Verdes Municipal Code (RPVMC), thereby
establishing standards for the development and maintenance of accessory dwelling units
and junior accessory dwelling units; and
WHEREAS, the City Council finds that allowing accessory dwelling units and junior
accessory dwelling units under 800 ft2 (garage included) and less than 16 feet in height
to be exempt from the objective architectural standards of Section 17.10.020 (B)(6) will
promote ADU development and ensure compliance with State ADU regulations; and
WHEREAS, the City Council finds that additional amendments are necessary to
clarify certain development standards, and to clarify that ADUs and JADUs must be used
as dwellings are should be used to circumvent the City's Zoning Code; and
WHEREAS, on August 4, 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
proceedings to be considered by the Planning Commission on August 23, 2022, pursuant
to the requirements of the RPVMC; and
WHEREAS, on August 23, 2022, the Planning Commission conducted the public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence on the proposed code amendments; and
WHEREAS, on 2022, a public notice was published in the Palos Verdes
Peninsula News and sent out to interested parties, announcing code amendment
P C. Resolution No.2022-13
Page 5
A-5
proceedings to be considered by the City Council on 2022, pursuant to the
requirements of the RPVMC; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct, and are
incorporated herein by reference.
Section 2. Section 17.10.020 (Accessory dwelling unit and junior accessory
dwelling unit development standards) of Chapter 17.10 (Accessory dwelling unit and
junior accessory dwelling unit development standards) of Article I (Residential Districts)
of Title 17 (Zoning) is repealed and replaced with the following:
17.10.020 Accessory dwelling unit and junior accessory dwelling unit
development standards.
An accessory dwelling unit generally takes one of three forms:
Detached: The unit is separated from the primary dwelling unit; or
Attached: The unit is attached to the primary dwelling unit; or
Within an Existing Space:
The unit is located within an existing primary dwelling unit or accessory
structure.
A. Number of accessory dwelling units or junior accessory dwelling units per lot.
1. For a lot with an existing or proposed single-family residence structure, no
more than one accessory dwelling unit and one junior accessory dwelling
unit are allowed.
2. For a lot with an existing multiple-family residential structure, at least one
accessory dwelling unit and/or junior accessory dwelling unit,, but no more
than a number equaling 25 percent of the existing dwelling units, rounded
down, may be allowed within the portions of the existing multiple-family
residential structure that are not used as livable space, including, but not
limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages. An accessory dwelling unit or junior accessory dwelling unit will
only be allowed if the space has been converted to a livable space and has
been granted a certificate of occupancy. In addition to any accessory
dwelling units or junior accessory dwelling units constructed within the
existing multiple-family residential structure, no more than two detached
P.C. Resolution No 2022-13
Page 6
A-6
accessory dwelling units may be allowed on a lot that has an existing
multiple-family residential structure.
B. A new accessory dwelling unit or junior accessory dwelling unit shall adhere to
the following standards.
1. The lot on which an accessory dwelling unit or junior accessory dwelling unit
is constructed shall include a proposed or existing single-family residence,
which shall be considered the primary dwelling unit, along with other
nonhabitable accessory structures, as normally allowed on such a lot.
2. A trailer or any other recreational vehicle may not be maintained as a
habitable unit including an accessory dwelling unit on a residential lot.
3. Except as otherwise required by this chapter, all accessory dwelling units or
junior accessory dwelling units shall comply with all applicable building,
housing, zoning, and site development standards, codes and regulations of
the base zoning district in which it will be located. This shall include, but not
be limited to, standards regarding height and setbacks.
4. The total area of floor space for a detached accessory dwelling unit shall
not exceed 850 square feet, or 1,000 square feet if the accessory dwelling
unit contains more than one bedroom. The total area of floor space for an
attached accessory dwelling unit, excluding any required garage space for
the accessory dwelling unit, shall not exceed the lesser of the following:
a. 50 percent of the primary residence's main building floor area (including
any existing primary residence garage area);
b. 850 square feet for an accessory dwelling unit with one bedroom; or
c. 1,000 square feet if the accessory dwelling unit contains more than one
bedroom.
5. Whether attached to or detached from the primary dwelling unit, a new
accessory dwelling unit, and a new junior accessory dwelling unit shall not
exceed 16 feet in height. The height of an accessory dwelling unit shall be
measured as follows, whichever is lower:
a. The preconstruction (existing) grade at the highest elevation of the
existing building pad area covered by the accessory dwelling unit, to
the ridgeline or highest point of the accessory dwelling unit, or
b. The post-construction grade where the lowest foundation or slab meets
finished grade, to the ridgeline or highest point of the accessory
dwelling unit.
6. All accessory dwelling units or junior accessory dwelling units shall comply
with the following objective architectural standards:
a. The accessory dwelling unit or junior accessory dwelling unit shall be
architecturally consistent with the primary residence, such that it
P C Resolution No 2022-13
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matches the primary residence in the use of complimentary color
palettes, exterior finishes, and matching roof pitch from all sides. The
roof slope must match that of the dominant roof slope of the primary
dwelling. The dominant roof slope is the slope shared by the largest
portion of the roof.
b. Any garage door shall be removed from a garage or other accessory
structure that is converted to an accessory dwelling unit or junior
accessory dwelling unit, and the opening shall be treated and finished
to match the primary residence.
c. The accessory dwelling unit or junior accessory dwelling unit shall
provide privacy mitigation measures including:
i. The entrance to the accessory dwelling unit or junior
accessory dwelling unit faces away from the nearest, adjacent
property; and
ii. The accessory dwelling unit or junior accessory dwelling unit
shall have windows at or above six feet on any facades that
face any adjacent properties; and
d. A detached accessory dwelling unit shall be located behind the primary
residence, and be clearly subordinate to the primary residence in both
in height and width. If it is not legally and/or physically possible for a
detached accessory dwelling unit to be built behind the primary
residence, then it may be built in front or to the side of the primary
residence subject to a minimum front setback of 25 feet.
e. No entry to an accessory dwelling unit or junior accessory dwelling unit
shall be visible from the public right-of-way.
f. Detached accessory dwelling units and junior accessory dwelling units
less than 800 square feet in area and less than 16 feet in height are
exempt from the objective architectural standards of Section 17.10.020
B)(6).
7. Exterior stairs leading to an accessory dwelling unit or junior accessory
dwelling unit located on the second level of a primary dwelling unit shall be
allowed, when compliant with all other applicable development standards.
8. The accessory dwelling unit (attached or detached) shall include at least
one full bathroom, and shall not include more than one kitchen. The
accessory dwelling unit shall also be limited to a maximum of two bedrooms.
9. The accessory dwelling unit or junior accessory dwelling unit may be located
on a lot or parcel which is served by a public sanitary sewer system. An
accessory dwelling unit or junior accessory dwelling unit proposed on a lot
or parcel that is not served by a public sanitary sewer system shall require
approval by the Los Angeles County Department of Public Health, and any
P C. Resolution No 2022-13
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other applicable agencies, of a private sewage disposal system, prior to
building and safety division permit issuance.
10. Accessory dwelling units or junior accessory dwelling units shall not be
considered to be a new residential use for the purposes of calculating
connection fees or capacity charges for utilities, including water and sewer
service.
11. A minimum of one parking space, which may be enclosed, shall be provided
for the accessory dwelling unit and shall meet the minimum dimensions
stated in subsection 17.02.030(E)(5). For properties not located within a
very high fire hazard severity zone, the required parking may be located
tandem to the required parking for the primary residence. No parking spaces
are required for an accessory dwelling unit if any of the following apply:
a. The accessory dwelling unit is located within one-half mile walking
distance of a public transit stop;
b. When there is a car share designated pick-up or drop-off location within
one block of the accessory dwelling unit.
12. The primary dwelling unit and the accessory dwelling unit shall remain under
the same ownership. The accessory dwelling unit shall not be sold
separately from the primary dwelling unit.
13. An accessory dwelling unit or junior accessory dwelling unit shall not be
used as a short-term rental, in accordance with Section 17.02.026 (Short
Term Rentals and Advertisement of Short Term Rentals).
14. Except for an accessory dwelling unit within an existing space, an accessory
dwelling unit or junior accessory dwelling unit shall provide a minimum
setback of five feet from the side and rear lot lines.
15. Accessory dwelling units or junior accessory dwelling units shall not be
required to provide fire sprinklers if they are not required for the primary
residence.
16. Accessory dwelling units or junior accessory dwelling units shall not be
required to install a new or separate utility connection directly between the
accessory dwelling unit or junior accessory dwelling unit and the utility, or
to pay a related connection fee or capacity charge.
17. Accessory dwelling units or junior accessory dwelling units shall comply with
the grading standards described in Section 17.76.040 (Grading Permit),
except when proposed as part of an existing, approved structure.
18. An accessory dwelling unit or junior accessory dwelling unit shall be
prohibited on an extreme slope pursuant to Section 17.48.060 (Extreme
Slope), except when proposed as part of an existing, approved structure.
19. Roof decks shall not be permitted on a detached accessory dwelling unit.
P C. Resolution No.2022-13
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20. The exterior lighting must comply with Section 17.56.030 (Outdoor Lighting
for Residential Uses) of this code.
21. An accessory dwelling unit or junior accessory dwelling unit shall be used
solely as a dwelling. Accessory dwelling units and junior accessory dwelling
units shall not be utilized as ancillary or accessory uses, including but not
limited to, events, storage, home office, gym/workout studio, and
greenhouse.
Section 3: Section 17.96.022 (Accessory dwelling unit) of Chapter 17.96
Definitions) of Article VIII (Administration) of Title 17 (Zoning) is amended to read:
17.96.022 Accessory dwelling unit.
Accessory dwelling unit" means an attached or a detached residential dwelling
unit which provides complete independent living facilities for one or more persons. It shall
be used for and include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family dwelling is situated. This definition shall
be interpreted as consistent with the definition of accessory dwelling unit found in
Government Code Section 65852.2.
Section 4. Section 17.96.995 (Junior accessory dwelling unit) of Chapter 17.96
Definitions) of Article VIII (Administration) of Title 17 (Zoning) is added to read:
17.96.995 —Junior accessory dwelling unit.
Junior accessory dwelling unit" or JADU means a residential dwelling unit no more
than 500 square feet in size and contained entirely within a single-family residence. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure. A junior accessory dwelling unit shall
include a separate entrance from the main entrance to the proposed or existing single-
family residence. No additional parking shall be required for a junior accessory dwelling
unit. This definition shall be interpreted as 'consistent with the definition of accessory
dwelling unit found in Section 17.96.022 of the RPVMC and Government Code section
65852.22.
Section 5. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a "project" under CEQA Guidelines Section 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly; and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)( 3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
P C Resolution No 2022-13
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Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 7. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 8. This Ordinance shall take effect 30 days after its adoption.
P C Resolution No 2022-13
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e
PASSED, APPROVED and ADOPTED this day of
2 022.
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on 2022, was duly
and regularly adopted by the City Council of said City at a regular meeting thereof held
on 2022, and that the same was passed and adopted by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
P.0 Resolution No 2022-13
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 29, 2022
Ken Rukavina, Director of Community Development
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Dear Ken Rukavina:
RE: City of Rancho Palos Verdes’ Accessory Dwelling Unit (ADU) Ordinance –
Letter of Technical Assistance
The California Department of Housing and Community Development (HCD) thanks the
City of Rancho Palos Verdes (City) for submitting accessory dwelling unit (ADU)
Ordinance Number 640 (Ordinance) and for its response to HCD’s May 21, 2021,
written findings of non-compliance. HCD appreciates the time and effort the City took in
crafting its June 18, 2021, response.
Nevertheless, HCD has significant concerns with the City’s response as it fails to
address substantial inconsistencies between the City’s zoning code and State ADU
Law. Per the City’s request, HCD is providing this Letter of Technical Assistance in
hopes that it will serve as a guide to outline the steps the City must take to comply with
state law.
HCD requests that the City respond to this letter no later than September 28, 2022,
with a detailed plan of action, with dates and deadlines, to bring its ordinance into
compliance pursuant to Government Code section 65852.2, subdivision (h)(2)(B).
Specifically, to bring its ADU ordinance into compliance, the City must either amend
the Ordinance according to HCD’s findings, pursuant to Government Code section
65852.2, subdivision (h)(2)(B)(i), or readopt the Ordinance without changes and
make express findings via resolution explaining the reasons the City believes it has
complied with State ADU Law despite HCD’s findings pursuant to Government Code
section 65852.2, subdivision (h)(2)(B)(ii). HCD understands that the City has recently
begun the process of making some amendments, including a Planning Commission
hearing on August 23, 2022. While HCD has not substantively reviewed the proposed
amendments, this letter may offer additional guidance to help the City make updates
consistent with HCD's prior findings.
Background and Summary of Issues
In its May 21, 2021, findings, HCD found that Municipal Code section 17.10.020.C
violates Government Code section 65852.2, subdivisions (a) and (e). Those
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Government Code sections were intended to facilitate the ministerial development of
ADUs in residential areas to address critical housing needs and the housing crisis.
(Gov. Code, § 65852.2, subds. (a)(3), (a)(4), and (e)(1).)
In its June 18, 2021, letter, the City indicated that it would explore textual revisions to
address a number of HCD’s findings. While the City does not appear to have made
those changes yet, it is HCD’s understanding that once the City receives this letter, it
will begin the process of adopting them.
However, the City rejected HCD’s findings related to Municipal Code section
17.10.020.C., which prohibits ADUs on lots that are located in a Very High Fire Hazard
Severity Zone (VHFHSZ) unless the lot has two distinct means of vehicular access. The
Ordinance goes on to state that ADUs located in a VHFHSZ may be allowed with a
conditional use permit (CUP), and the City’s letter clarifies that the CUP is needed to
“assure that ADUs proposed to be located within a [VHFHSZ] are on streets with two
distinct means of vehicular access….”
To explain its position, the City stated in its letter that it is asking for “a means to
manage and control the development of ADUs in a manner that can ensure the safety of
the public.” Although it does not cite the statute, the City seems to be relying on
Government Code section 65852.2, subdivision (a)(1)(A), which states that a local
agency may adopt an ordinance that designates areas where ADUs may be permitted
“based on … the impact of accessory dwelling units on traffic flow and public safety.”
As explained below, the City has not adequately demonstrated that ADUs will impact
public safety in the VHFHSZ and that the prohibition and CUP requirement is therefore
justified. Furthermore, even if the City does provide adequate justification for this
restriction on ADUs that fall under Government Code section 65852.2, subdivision (a),
the City may not justify such a restriction on ADUs that fall under subdivision (e). In
addition, a CUP is discretionary, thus violating the state requirement that ADUs be
approved ministerially. (Gov. Code, § 65852.2, subds. (a)(3) and (4); (b); and (e)(1).)
Finally, the City has not taken the necessary steps to bring its ordinance into
compliance with State ADU Law either by amending the Ordinance or by adopting
findings explaining why the City believes the Ordinance complies with State ADU Law
despite HCD’s findings. (Gov. Code, § 65852.2, subd. (h)(2)(B).)
The City must either demonstrate that ADUs are a public safety risk to justify
restrictions in the VHFHSZ or remove the prohibition and CUP requirement for
subdivision (a) ADUs
Under Government Code section 65852.2, subdivision (a), the City is permitted to
designate areas in which ADUs may be developed. However, the City has not
adequately demonstrated the impact that ADUs will have on public safety so as to justify
prohibiting ADUs without two means of vehicular access and requiring a CUP for all
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ADUs in the VHFHSZ, which covers virtually the entire city, potentially prohibiting or
delaying ADU construction in large swaths of the city.1
To be clear, HCD does not take issue with the existence of the VHFHSZ itself, as
suggested by the City in its June 18, 2021, letter. Rather, HCD is concerned about
added requirements that may effectively prohibit ADU development in the majority of the
city, especially given the lack of evidence that these restrictions are needed or will fulfill
their intended purpose.
Note that the VHFHSZ mapping was not intended to serve as a development
moratorium. Rather, according to Cal Fire, these maps are intended to be used for
planning purposes and mitigation measures, namely:
• Implementing wildland-urban interface building standards for new construction
• Natural hazard real estate disclosure at time of sale
• 100-foot defensible space clearance requirements around buildings
• Property development standards such as road widths, water supply and signage
• Consideration in city and county general plans2
Further, in consultation with the California Department of Forestry and Fire Protection,
HCD has confirmed that ADU development in a VHFHSZ must conform with standards
set forth in Chapter 7A of the California Building Code (CBC), Chapter 49 of the
California Fire Code (CFC), and the Minimum Fire Safe Regulations in the Public
Resources Code Section 429 (14 CCR 1270 et seq.). These codes establish and/or
strengthen development standards that govern residential development within a
VHFHSZ and Wildland-Urban Interface Fire Areas. Both CBC Chapter 7A and CFC
Chapter 49 require compliance with the requirements for defensible space and building
in wildfire prone areas of Government Code sections 51175-51189.
HCD observes that the City’s General Plan Land Use, Housing, and Circulation
Elements raise no concerns about housing in the VHFHSZ and propose no housing
restrictions or access concerns with regard to fire safety. The City’s Safety Element is
likewise silent. Furthermore, the City has placed no similar restrictions on the
construction or expansion of any other residential structures in the VHFHSZ, such as
single-family homes. Aside from the VHFHSZ maps, the City cites no evidence that its
infrastructure is insufficient to handle ADUs or that two distinct means of vehicular
access are necessary in every case where an ADU is added in a VHFHSZ. For
instance, it appears that neither the Los Angeles County Fire Department nor Cal Fire
recommended that ADUs be limited in this manner, despite the City’s efforts to consult
with them on access and restrictions.3 Finally, HCD is unaware of any traffic or other
studies that indicate that the City’s infrastructure is inadequate to support the
1 City of Rancho Palos Verdes, Agenda Report, September 1, 2020 (Case No. PLCA2020-0001), p. 5.
2 Office of the State Fire Marshal, Fire Hazard Severity Zones, available at
https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/wildfire-
preparedness/fire-hazard-severity-zones/.
3 City of Rancho Palos Verdes, Agenda Report, September 1, 2020 (Case No. PLCA2020-0001), p. 6.
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development of ADUs in the VHFHSZ or that evacuation would be impacted by ADUs in
any material way.
In addition, on page 7 of its June 18, 2021, letter, the City states, “Development of
ADUs and JADUs will have cumulative impacts over time if most homes in a community
add on one ADU that exceeds lot coverage and one JADU and eliminate all off-street
parking.” However, the City provides no evidence to support its assumption that “most”
homes will do these things. The City goes on to state, “As the ADUs, housing density,
and population increase (potentially more than doubling the population), neighborhoods
will become even more congested with vehicles parked on both sides of the streets.”
Again, the City provides no evidence to support its assumption that the city will
experience such a significant population increase as a result of ADU construction.
In sum, the City can limit where ADUs may be located based on “the impact of
accessory dwelling units on traffic flow and public safety.” (Gov. Code § 65852.2, subd.
(a)(1)(A).) The City cited fire safety as the purported basis for the restrictions set forth in
Municipal Code section 17.10.020.C, but the City does not provide adequate supporting
documentation to demonstrate that ADUs in these areas would in fact impact public
safety, or that adopting these expansive restrictions would mitigate these potential
issues. For these reasons, as currently applied, Municipal Code section 17.10.020.C
violates Government Code section 65852.2, subdivision (a). To bring its ADU ordinance
into compliance, the City must either remove these restrictions or provide additional
evidence that demonstrates that ADUs would impact public safety if allowed to be built
in the VHFHSZ without going through the CUP process.
The City must remove the prohibition and CUP requirement for subdivision (e)
ADUs
Even if the City could justify such a “public safety” restriction on ADUs under
Government Code section 65852.2, subdivision (a), whereby a “local agency may, by
ordinance, provide for the creation of accessory dwelling units,” such a restriction is not
available for ADUs that fall under subdivision (e). ADUs described in subdivision (e) fall
into four categories, and ADUs within those four categories must be allowed in any
residential or mixed-use zone and are not subject to any local development standards
other than those specifically listed in subdivision (e). These ADUs tend to be smaller,
may be within an existing structure, and may have to meet other specified criteria such
as minimum setback requirements.
The City must make other amendments to bring its ADU ordinance into
compliance with State ADU Law
As noted above, the City must either amend the Ordinance or adopt findings to justify
additional requirements related to ADUs developed in the VHFHSZ under the provisions
of Government Code section 65852.2, subdivision (a). It must also amend its ordinance
to ensure that ADUs meeting the requirements of an ADU found in Government Code
section 65852.2, subdivision (e), are exempt from these and any other additional local
development standards.
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In addition, with respect to the following concerns identified in HCD’s May 21, 2021,
letter, the City appeared to concede in its June 18, 2021, letter that the City’s ordinance
is inconsistent with State ADU Law and agreed to explore potential amendments to its
ordinance:
• “Section 17.10.020 should be revised to clarify that an ADU ‘within an existing
space’ may be a unit that is located within a proposed or existing primary
dwelling.” (City of Rancho Palos Verdes letter to HCD, dated June 18, 2021 (City
Letter), p. 4, quoting HCD and indicating a textual revision will be explored.)
• “Section 17.10.20.B should be revised to make clear that ADUs are allowed on
all lots with a proposed or existing single family or multifamily structure, and that
[Junior Accessory Dwelling Units (JADUs)] are allowed only where there is a
proposed or existing single-family unit on the lot. Section 17.10.040.E.3 should
also be revised to make clear that JADUs are only allowed in a proposed or
existing single-family dwelling.” (City Letter, p. 4, quoting HCD and indicating a
textual revision will be explored.)
• “The language in Section 17.10.030.A requiring JADUs to comply with ADU
standards ‘in addition’ to JADU standards should also be removed, as it is overly
broad and confusing.” (City Letter, p. 4, quoting HCD and indicating a textual
revision will be explored.)
• “… parking for ADUs may be provided as tandem parking spots or in a driveway.
There can be no ‘required garage space’ as stated in Section 17.10.20.B.4.” (City
Letter, pp. 4-5, quoting HCD and indicating a textual revision will be explored.)
• “Section 17.10.20.B.6.c and e should be revised to include the phrase ‘where
feasible’ at the beginning of the first sentence . . . . JADUs are exempt from local
design and development standards, and thus these privacy standards would not
apply to JADUs under any condition.” The ‘lighting requirements’ under Section
17.10.020.B.6.g should also be elucidated and required only ‘where feasible’.”
(City Letter, p. 5, quoting HCD and indicating a textual revision will be explored.)
• “State Fair Housing Law prevents local jurisdictions from limiting the number of
bedrooms in a residence.... Section 17.10.020.B.8 therefore needs to be
removed.” (City Letter, p. 6, quoting HCD and indicating a textual revision will be
explored.)
• “Section 17.10.020.B.14 of this ordinance will need to be revised to require 4-foot
rear and side yard setbacks instead of five (5)-foot side and rear yard setbacks.
Section 17.10.020.C.4 should be revised in the same manner.” (City Letter, p. 6,
quoting HCD and indicating a textual revision will be explored.) Please note that
any “mitigation measures” in VHFHSZs would still have to comply with State
ADU Law. This essentially means that no additional fire safety standards can be
required of a new ADU that would not be required for a primary dwelling being
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built on the site. In other words, ADU development must not be limited any more
than any other type of residential development.
• “Section 17.10.020.D.3 of this ordinance [pertaining to replacement parking
provisions] should thus be removed. The same is true for 17.10.020.C.5.” (City
Letter, p. 8, quoting HCD and indicating a textual revision will be explored.)
• “JADUs can be created in an attached garage. This should be elucidated in
Section 17.10.030.A.4 of this ordinance.” (City Letter, p. 8, quoting HCD and
indicating a textual revision will be explored.)
Additionally, HCD requests further information on Section 17.10.050.A.3 related to
revocation of ADU Permits. (City Letter, p. 9.)
Conclusion
Given the deficiencies described above and in HCD’s May 21, 2021, letter, the City’s
ADU ordinance is inconsistent with State ADU Law. HCD hopes that the City finds the
additional technical assistance provided in this letter useful and looks forward to
receiving the City’s plan of action to bring its ordinance into compliance pursuant to
Government Code section 65852.2, subdivision (h)(2)(B), by September 28, 2022.
Should the City decide not to take steps to modify its ordinance in the manner outlined
in this letter, it should be aware of the impacts that would flow from an ADU ordinance
that does not comply with State ADU Law.
First, Government Code section 65852.2, subdivision (a)(4), states that if “a local
agency has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void and that agency
shall thereafter apply the standards established in this subdivision for the approval of
accessory dwelling units, unless and until the agency adopts an ordinance that complies
with this section.” Pursuant to Government Code section 65852.2, subdivision (h)(1),
HCD previously issued its findings as to whether the ADU ordinance complies with
State ADU Law. If HCD finds the City fails to meet the requirements of Government
Code section 65852.2, subdivision (h)(2)(B), the City should consider its ordinance null
and void from the date HCD issues its formal notice of violation pursuant to Government
Code section 65852.2, subdivision (h)(3)(A) until such time as HCD finds the City has
adopted an ordinance that complies with this section.
Second, Government Code section 65852.2, subdivision (h)(3)(A), authorizes HCD to
notify the California Office of the Attorney General that the City is in violation of this
state law. As noted above, HCD will not take action authorized pursuant to subdivision
(h) before allowing the City an opportunity to respond to this letter and attempt to revise
its ordinance to bring it into compliance.
Third, the City would not be able to rely on ADUs to meet its Regional Housing Needs
Allocation (RHNA). The City has been assigned a RHNA from the Southern California
Association of Governments in the amount of 638 units, of which 253 must be
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affordable to very low-income households, 139 to low-income households, 125 to
moderate-income households, and 122 to above moderate-income households.
Pursuant to the adopted housing element received for HCD review on August 15, 2022,
the City is projecting construction of 40 ADUs to meet its RHNA. Government Code
section 65852.2, subdivision (m), allows a city to rely on the potential for ADUs in its
housing element site analysis only where the local ordinance complies with this section
and is authorized by HCD. Thus, until the City has a compliant ADU ordinance, it must
look elsewhere for appropriate sites to meet its RHNA.
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please feel free to contact Reid Miller, of our staff, at Reid.Miller@hcd.ca.gov.
Sincerely,
Shannan West
Housing Accountability Unit Chief
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