CC SR 20221004 F - SB 9 Ordinance 663 2nd Reading
CITY COUNCIL MEETING DATE: 10/04/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt Ordinance No. 663 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) Adopt Ordinance No.663, 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. Ordinance No. 663 (page A-1)
To view the September 20, 2022, City Council staff report, click on the following link:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4232&meta_id=106997
BACKGROUND AND DISCUSSION:
On September 20, 2022, Ordinance No. 663 (Attachment A) was presented to the City
Council for its first reading. This Ordinance amends Chapter 16.40 (Urban Lot Splits),
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones) and
1
RANCHO PALOS VERDES
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. It
should be noted that as part of the ordinance’s introduction, the City Council agreed to
remove the then-numbered Section 17.09.060 (Development in Very High Fire Hazard
Severity Zone) for the time being to allow Staff additional time to propose objective
standards for project sites without two distinct means of access. As a result, the remaining
sections in Chapter 17.09 have been re-numbered accordingly.
This evening, Ordinance No. 663 is presented for its second reading and adoption. This
Ordinance will go into effect on November 4, 2022.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 663 for re-introduction and/or second
reading at a future City Council meeting.
2
ORDINANCE NO. 663
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
A-1
Ordinance No. 663
Page 2 of 13
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, and all testimony was received and made a part of the public
record, and continued the public hearing to September 20, 2022; and
WHEREAS, on September 20, 2022, the City Council conducted a continued
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. 2022-08, 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.
A-2
Ordinance No. 663
Page 3 of 13
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
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 Homeowner's
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
A-3
Ordinance No. 663
Page 4 of 13
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
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 mode rate, 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;
A-4
Ordinance No. 663
Page 5 of 13
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
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.
A-5
Ordinance No. 663
Page 6 of 13
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.
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, as defined in subsection
A-6
Ordinance No. 663
Page 7 of 13
(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
project site, using the last known county assessor tax roll, including local
Homeowner's 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 alterat ion 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 enti ty'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 h as 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-7
Ordinance No. 663
Page 8 of 13
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
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 sq uare 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.
A-8
Ordinance No. 663
Page 9 of 13
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, 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
A-9
Ordinance No. 663
Page 10 of 13
second unit or two-unit development on a parcel, or would physically preclude either
the primary dwelling unit or second unit from being at least 800 square feet in floor
area.
17.09.050 Design standards.
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; 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”
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.
17.09.070 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
A-10
Ordinance No. 663
Page 11 of 13
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.
17.09.080 – Coastal permit 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.
17.09.090 - 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).
17.09.100 - 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
A-11
Ordinance No. 663
Page 12 of 13
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
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 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 of Rancho Palos Verdes.
Section 8. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
A-12
Ordinance No. 663
Page 13 of 13
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. 663 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: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
______________________
Teresa Takaoka, City Clerk
A-13