CC SR 20221018 06 - ADU Urgency Ordinance
CITY COUNCIL MEETING DATE: 10/18/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to adopt an urgency ordinance amending Chapter
17.10 (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 update accessory dwelling and junior accessory dwelling unit
provisions for compliance with state law.
RECOMMENDED COUNCIL ACTION:
(1) Adopt, by a fourth-fifth’s vote of the entire City Council, Urgency Ordinance
No.___- U, “AN URGENCY ORDINANCE AMENDING CHAPTER 17.10
(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
UPDATE ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT PROVISIONS INCLUDING, BUT NOT LIMITED TO,
ARCHITECTURAL AND DEVELOPMENT STANDARDS (CASE NO. PLCA2022 -
0004)”; and
(2) Initiate the regular code amendment proceedings to amend Chapter 17.10
(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 update accessory dwelling and junior accessory
dwelling unit provisions, including, but not limited to, architectural and development
standards.
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. Urgency Ordinance No.___-U (page A-1)
B. Draft redlined Urgency Ordinance No.___-U (page B-1)
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RANCHO PALOS VERDES
C. HCD Letter dated May 21, 2021 (page C-1)
D. City of RPV Response Letter dated June 18, 2021 (page D-1)
E. HCD Letter dated August 29, 2022 (page E-1)
BACKGROUND:
In 2019, Governor Newsom signed 18 housing bills into law aimed at addressing the
state’s housing crisis. The intent of the housing bills was to break down legal barriers to
housing production and to create more affordable housing . The focus of one such bill,
Assembly Bill No. 881 (AB 881), was to facilitate housing development by creating
exemptions for the development of certain accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs). Specifically, AB 881 requires ministerial approval for
the development of ADUs in single-family and multi-family residential zones when the
proposed ADU follows objective standards established by a jurisdiction. Ministerial review
and approval mean a process for development approval involving little or no personal
judgment by the staff.
In response to AB 881’s requirements, on January 19, 2021, the City Council adopted
Ordinance No. 640 establishing ADU and JADU regulations in Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code (RPVMC), including development standards and
review procedures for proposed projects.
On May 21, 2021, the California Department of Housing and Community Development
(HCD) issued a letter (Attachment C) notifying the City of its review of Ordinance No. 640
and determination that elements of the ordinance including, but not limited to, ADU and
JADU architectural and development standards, did not comply with state law. HCD
requested a response from the City regarding HCD’s findings within 30 days. Staff
provided a response on June 18, 2021, outlining the City’s rationale for the adoption of
the ADU and JADU regulations (Attachment D). Most of HCD’s technical notes required
clarification in the City’s ordinance, but HCD also took issue with development standards
over and above what the statute provides for state exemption ADUs (ADUs that comply
with the development standards of Section 65852.2(e)1), and the City’s Conditional Use
Permit (CUP) requirement for ADUs on properties in the Very High Fire Hazard Severity
Zones (VHFHSZ) with a single means of access. Staff’s response provided a number of
suggested text amendments to update and clarify the ordinance to comply with HCD’s
technical direction. Staff also explained the City’s rationale for requiring a CUP for ADUs
on properties in the VHFHSZ with a single means of access.
On August 29, 2022, the City received a second response letter (Attachment E) from
HCD. The department accepted the proposed revisions in the City’s June 18, 2022,
response, but rejected the City’s rationale for the CUP requirement. HCD asserted that
absent actual evidence that ADU construction on properties in the VHFHSZ with a single
1 Subdivision (e) requires that a local agency shall ministerially approve an application
for a building permit within a residential or mixed-use zone to create an ADU or JADU
with a proposed or existing single-family dwelling if certain conditions apply.
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means of access does in fact increase the potential danger due to fire, the City cannot
rely on such a finding to support the CUP requirement.
This report addresses the changes required by HCD as highlighted in the May 21, 2021,
response letter, the August 29, 2022, response letter, and additional amendments
identified by Staff and the City Attorney required to comply with the state mandate at this
time (not in response to newly signed laws that go into effect in January 2023 ), and to
ensure that ADU and JADU development is not used as a method to circumvent the City’s
residential development standards.
DISCUSSION:
Urgency Ordinance
Government Code §36937 provide that an urgency ordinance can be adopted by the City
Council, if the City Council finds, by a four-fifths vote of the entire Council, that an urgency
ordinance is for the immediate preservation of the public peace, health, or safety, and
contains a declaration of facts constituting the urgency. The urgency of the ADU and
JADU amendments is to ensure that the City provides visible progress in taking the
necessary steps to ensure a compliant Housing Element that will satisfy HCD, allow the
City to regulate ADUs and JADUs to the minimum standards set by state law, and to avoid
scrutiny by the California Attorney General. The adoption of the urgency ordinance will
provide the City and the public an updated ordinance that complies with current ADU law,
while still protecting the public safety, health, and welfare of the community.
The proposed urgency ordinance addresses HCD’s required changes regarding the ADU
and JADU development standards within Chapter 17.10 (Accessory dwelling unit and
junior accessory dwelling unit development standards). Based on the letters received on
May 21, 2021 and August 29, 2022, code amendments are proposed to update Chapter
17.10 related to ADU and JADU development. The amendments to the ADU/JADU
regulations encompass various types of regulations including: ADU development
standards, ADU construction in Very High Fire Hazard Severity Zone, JADU development
standards, and ADU architectural standards. Below is a summary in italics of proposed
code amendments, followed by Staff’s analysis and discussion. A redlined copy of the
proposed code amendments has also been attached to this report as Attachment B.
1. Amend Section 17.10.020 (Accessory dwelling unit and junior accessory dwelling unit
development standards) and Section 17.10.040 (Approval process) to be compliant
with State Fair Housing Law and State ADU Law and provide additional clarity
between JADU and ADU development.
Multiple amendments are being proposed within the City’s existing ADU/JADU
development standards. These changes include providing clarity on whether an
ADU/JADU can be proposed with a new structure; providing clarity to ensure that the
development standards allow for an ADU and JADU to exist in tandem with each
other; clarifying that ADUs are allowed within multi-family structures; clarifying that
the area for garages intended for an ADU/JADU may not count toward the maximum
square footage for an ADU/JADU; ensuring that the City does not place limits on
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bedroom count for ADU/JADU developments; amending ADU/JADU setbacks from 5
feet from rear and side property lines to 4 feet setbacks, and to comply with fire
mitigation measures pursuant to the California Building Code and Code of
Regulations; and modifying the City’s requirements for replacement parking for
garages that are converted into an ADU/JADU.
2. Amend Section 17.10.010 – Purpose and delete Section 17.10.020 (C) – Very High
Fire Hazard Severity Zone .
The August 29, 2022 HCD letter clarifies that the City needs to remove the
requirement to require a CUP when applying for an ADU that is within the VHFHSZ.
HCD states that the City has not adequately demonstrated that ADUs will impact
public safety in the VHFHSZ and that the prohibition and CUP requirement is ,
therefore, not justified. Furthermore, even if the City does provide adequate
justification for this restriction on ADUs that fall under Government Code Sect ion
65852.2, subdivision (a), the City may not justify such a restriction on state exemption
ADUs. In addition, a CUP is a discretionary review application and thus violates the
state requirements that ADUs be approved ministerially. (Gov. Code, § 65852.2 (a)(3)
and (4), (b), (e)(1).
According to HCD, VHFHSZ mapping was not intended to serve as a development
moratorium. Rather, according to the California Department of Forestry and Fire
Protection (Cal Fire), these maps are intended to be used for planning purposes and
mitigation measures related to implementing wildland-urban interface building
standards for new construction; natural hazard real estate disclosure at the time of
sale; 100-foot defensible space clearance requirements around building s; property
development standards such as road widths, water supply and signage ; and
consideration in city and county general plans.
Additionally, in consultation with Cal Fire, 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 area s of Government Code
sections 51175-51189. Thus, removing all of Section 17.10.020(C) is warranted as
the requirements for fire safety are embedded in the CFC and the CBC, and are
imposed during Building Permit Issuance.
3. Amend Section 17.10.020 (B)(6) (ADU Architectural standards) and Section
17.10.030 (Junior accessory dwelling units) to ensure JADUs are exempt from
architectural standards and allow JADU’s to be converted from existing garages.
Per state ADU law, architectural standards cannot be applied to JADU developments.
The term “where feasible” is being added throughout the code to provide clarity that
architectural standards do not apply to JADUs. Within Section 17.10.030, further
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amendments are made to ensure that JADU development may be converted from
existing garages.
4. Specify ADU and JADUs under 800 square feet (garage included) and less than 16
feet in height to be exempt from the objective architectural standards of Section
17.10.020 (B)(6)
This code amendment proposes to establish a new Section 17.10.020(6)(f) to allow
for state exemption ADUs without the requirement for any development or
architectural standards over and above those outlined in AB 881. These are ADUs
that are under 800 square feet in area and up to 16 feet in height, and the proposed
amendment would exempt these ADUs from the City’s objective development
standards outlined in Section 17.10.020(B)(6) of the RPVMC. As the City plans to
accommodate its 6th Cycle Regional Housing Needs Assessment (RHNA) allocation
of 647 new housing units in various income categories for the 2021 -2029 planning
period, ADU development will be a critical component to meeting this requirement.
The proposed code amendment would support programs outlined in the adopted 6th
Cycle Housing Element for ADU development and ensure compliance with statutory
provisions regarding state exemption ADUs.
5. Move architectural standard pertaining to ADU and JADU roof decks to new code
Section 17.10.020 (B)(19)
Current Section 17.10.020 (B)(6)(f) prohibits roof decks on detached ADUs. The
proposed amendment would move this architectural standard to another section in
the code, making the prohibition also applicable to JADUs. Roof decks are currently
prohibited on the roofs of accessory structures or detached garages as outlined in
Section 17.02.030(D)(2)(a).
6. Move architectural standard pertaining to exterior lighting on ADU/JADU to new code
Section 17.10.020(B)(20)
This amendment clarifies that lighting standards applicable to all other residential
buildings also apply to ADUs and JADUs.
7. Specify the prohibited uses allowed for an ADU and JADU approved within the City
Section 17.10.020(B)(21)
A new sub-section 17.10.010(21) is proposed to prohibit uses other than residential
in an approved ADU and JADU. This is intended to discourage property owners from
using the City and state’s ADU requirements as a proxy to circumvent the City’s
Zoning Code for home additions. For examp le, a homeowner who may be adding a
master bedroom or gym disguised as an ADU could then be subject to Code
Enforcement action if found in violation of this code provision.
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8. Amend Section 17.10.050 (Use covenant and restriction) to ensure compliance with
Health and Safety Code §17980.12.
A new sub-section 17.10.050 (B) is proposed to ensure that a ADU/JADU that is
revoked by the City pursuant to the provisions of Chapter 17.89 (Enforcement) is
subject to the limitations set forth of Health and Safety Code § 17980.12.
9. Amend the definition for accessory dwelling units within Section 17.96.022
(Accessory dwelling unit) and for junior accessory dwelling units within Section
17.96.995 (Junior accessory dwelling unit) of the RPVMC
The definitions of “accessory dwelling unit” and “junior accessory dwelling unit” are
proposed to be amended to clarify ADUs and JADUs are only to be used as dwellings.
This change dovetails with the proposed amendments to Section 17.10.020(B)(20),
above, and provides consistency between definitions.
The above code revisions are required by Sections 65852.2 and 65852.22 of the
Government Code; additionally, updating the ordinance at this time is necessary if the
City is to rely on ADU construction as part of its RHNA requirement in the 6th Housing
Element Cycle, per HCD. The amendments are primarily based on the letters received by
HCD with some additional amendments identified by Staff and the City Attorney as being
required to ensure ADU/JADU development is used for their intended purposes.
Initiation of Regular Code Amendment Proceedings
If initiated, regular code amendment proceedings will occur with the Planning
Commission. Amendments to Title 17 (Zoning) as specified in the attached urgency will
be presented to the Planning Commission for consideration and recommendation to the
City Council prior to the City Council’s formal introduction (first reading) and adoption
(second reading) of the proposed ADU and JADU code amendments.
ADDITIONAL INFORMATION:
Environmental Assessment
The proposed code amendments to Title 17 (Zoning) of the RPVMC are exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) they do
not constitute a “project” under CEQA Guidelines Section 15378(b)(2), in that they
constitute general policy and procedure making; (2) they do not constitute a “project”
under CEQA Guidelines Section 15378(b)(5) in that they have no potential for resulting
in physical change to the environment, either directly or indirectly; and (3) in the
alternative, they are 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.
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CONCLUSION:
To ensure compliance with state law, Staff recommends the City Council adopt the
urgency ordinance amending the RPVMC regarding ADUs and JADUs, and initiate code
amendments. Code amendment proceedings will then go before the Planning
Commission.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not adopt the urgency ordinance but direct Staff to initiate code amendment
proceedings.
2. Provide Staff with further direction for consideration at a future City Council
meeting.
3. Take other action, as deemed appropriate.
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Ordinance No. 2022-__-U
Page 1
ORDINANCE NO. ___-U
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.10 (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
UPDATE ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT PROVISIONS INCLUDING, BUT NOT LIMITED TO,
ARCHITECTURAL AND DEVELOPMENT STANDARDS (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 (ADUs) and junior accessory dwelling
units (JADUs).
WHEREAS, on January 19, 2021, the City Council adopted Ordinance No. 640
establishing ADU and JADU regulations in Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code (RPVMC), including development standards and review procedures for
proposed projects.
WHEREAS, on May 21, 2021, the California Department of Housing and
Community Development (HCD) reviewed the City’s ordinance and concluded that the
ordinance did not comply with State law. City staff provided a response on June 18, 2021,
outlining the City’s rationale for the various regulations of the ADU regulations that differ
from state code.
WHEREAS, on August 29, 2022, the City received a letter from HCD in response
to the City’s June 18, 2021, letter regarding the City’s ADU ordinance that clarifies HCD’s
position on the City’s ADU Code in that certain portions of the ADU Ordinance do not
comply with current state ADU law and further amendments are necessary. Furthermore,
in order for the City to rely on ADU construction to meet its 6 th Housing Element Cycle,
the City’s code must be in compliance with State law.
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 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.
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 ADUs and JADUs that are in compliance with State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
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Ordinance No. 2022-__-U
Page 2
Section 1. The facts set forth in the Recitals are true and correct and are
incorporated herein by reference.
Section 2: Urgency Findings. The City Council hereby finds that adoption of this
Urgency Ordinance is necessary for the immediate protection of the health, safety, and
welfare of the residents of the City of Rancho Palos Verdes. HCD provided the City with
technical assistance letters dated May 21, 2021, and August 29, 2022. In the latter
correspondence, HCD stated:
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).
HCD further indicated that if the City fails to bring its ordinance into compliance
with state law, HCD will issue a notice of violation, and as of that issuance the City’s ADU
ordinance will be null and void and therefore unenforceable – this would mean that the
City could not enforce any of its development standards on ADUs and JADUs until the
ordinance comes into compliance. Further, failure to comply may result in HCD referring
the City to the Office of the Attorney General for further enforcement.
Additionally, until the City’s ordinance is in compliance, 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 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 144 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.
Based on the short timeline provided by HCD and the ongoing review by HCD of
the City’s Housing Element, the City Council finds that adoption of this ordinance as an
urgency ordinance is necessary to ensure the health, safety, and welfare of the City’s
residents.
Section 3: Section 17.10.010 (Purpose) of Article VI (Residential Districts) of Title
17 (Zoning) is repealed and replaced with the following:
This chapter provides standards for the development and maintenance of
accessory dwelling units and junior accessory dwelling units, in accordance with
California State Government Code Sections 65852.2 and 65852.22. An accessory
dwelling unit or junior accessory dwelling unit that conforms to the following requirements
shall not be considered to exceed the allowable density (i.e., number of dwelling units per
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Ordinance No. 2022-__-U
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acre) for the lot upon which it is located and shall be deemed to be a residential use which
is consistent with the existing general plan and zoning designations for the lot.
Section 4: Section 17.10.020 (Accessory dwelling unit and junior accessory
dwelling unit development standards) of Article VI (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 or proposed 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 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 and/or junior accessory
dwelling unit is constructed or converted from existing space shall
include a proposed or existing single-family residence, as normally
allowed on such a lot. Accessory dwelling units may be constructed
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Ordinance No. 2022-__-U
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within the proposed or existing multi-family 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 for conversion ADUs and state exemption ADUs, 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 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 d welling
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 a ccessory
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 shall comply with the following
objective architectural standards:
a. The accessory dwelling unit shall be architecturally
consistent with the primary residence, such that it matches
the primary residence in the use of color palettes, exterior
finishes, and matching roof pitch from all sides. The roof
slope must match that of the dominant roof slope of the
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primary dwelling. The dominant roof slope is the slope
shared by the largest portion of the roof.
b. Where feasible, any garage door shall be removed from a
garage or other accessory structure that is converted to an
accessory dwelling unit and the opening shall be treated and
finished to match the primary residence.
c. Where feasible, the accessory dwelling unit shall provide
privacy mitigation measures including:
i. The entrance to the accessory dwelling unit faces
away from the nearest, adjacent property; and
ii. The 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. Where feasible, no entry to an accessory dwelling unit shall
not be visible from the public right-of-way.
f. Detached accessory dwelling units no larger than 800
square feet in area and no taller 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.
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 other
applicable agencies, of a private sewage disposal system, prior to
building and safety division permit issuance.
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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). 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. The accessory dwelling unit is located within an
architecturally and historically significant structure;
c. The accessory dwelling unit is part of the proposed or
existing primary residence or an accessory dwelling unit;
d. When on-street parking permits are required but not offered
to the occupant of the accessory dwelling unit
e. 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 four feet from the side and rear lot
lines, but with mitigation measures in the very high fire hazard
severity zones (VHFHSZ) to be in place pursuant to California
Building Code, California Code of Regulations Title 24, par 2,
Chapter 7A.
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
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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.
20. Where feasible, 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.
C. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit
or Detached Accessory Structure and Junior Accessory Dwelling Unit
within Existing Space of a Primary Dwelling Unit.
1. If the accessory dwelling unit or junior accessory dwelling unit is
contained within the existing space of a primary dwelling unit or
detached accessory structure, no parking is required to be provided
for that accessory dwelling unit or junior accessory dwelling unit.
2. No new setbacks shall be required for an existing garage, carport,
or covered parking structure that is converted to an accessory
dwelling unit or junior accessory dwelling unit within the same
footprint.
3. For a garage, carport, or covered parking structure that is
converted to an accessory dwelling unit or junior accessory
dwelling unit, replacement parking is not required. Replacement
spaces can be located in any other configuration on the same lot as
the accessory dwelling unit or junior accessory dwelling unit,
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.
Section 5: Section 17.10.030 (Junior accessory dwelling units) of Article VI
(Residential Districts) of Title 17 (Zoning) is repealed and replaced with the following:
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A. A junior accessory dwelling unit is a secondary dwelling unit with living
facilities for one or more persons within the interior of an existing or
proposed single-family residence. A junior accessory dwelling unit shall
adhere to the following standards:
1. Owner-occupancy in the single-family residence in which the junior
accessory dwelling unit will be located is mandatory. The owner
may reside in either the remaining portion of the structure or the
newly created junior accessory dwelling unit. Owner-occupancy
shall not be required if the owner is another governmental agency,
land trust, or housing organization.
2. The total area of floor space for a junior accessory dwelling unit
shall not exceed 500 square feet.
3. The primary dwelling unit and the junior accessory dwelling unit
shall remain under the same ownership. The junior accessory
dwelling unit shall not be sold separately from the primary dwelling
unit.
4. A junior accessory dwelling unit must be constructed within the
walls of the proposed or existing single-family residence, which
shall include attached garage.
5. The junior accessory dwelling unit shall include a separate entrance
from the main entrance to the proposed or existing single family
residence.
6. The junior accessory dwelling unit shall include an efficiency
kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of
reasonable size in relation to the size of the junior accessory
dwelling unit.
7. No additional parking shall be required for a junior accessory
dwelling unit.
B. The city may require an inspection of the junior accessory dwelling unit,
including the imposition of a fee adopted by city council resolution for that
inspection, to determine if the junior accessory dwelling unit complies with
the application therefore, and applicable building standards.
C. For the purposes of any fire or life protection ordinance or regulation, a
junior accessory dwelling unit shall not be considered a separate or new
dwelling unit.
D. For the purposes of providing service for water, sewer, or power, including
a connection fee, a junior accessory dwelling unit shall not be considered
a separate or new dwelling unit.
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E. This section shall not be construed to prohibit the city from requiring
parking or a service or a connection fee for water, sewer, or power, that
applies to a single-family residence that contains a junior accessory
dwelling unit, so long as those requirements apply un iformly to all single-
family residences regardless of whether the single-family residence
includes a junior accessory dwelling unit.
Section 6: Section 17.10.040 (Approval process) of Article VI (Residential
Districts) of Title 17 (Zoning) is repealed and replaced with the following:
A. Accessory dwelling units and/or junior accessory dwelling units, either
attached or detached, which adhere to the standards in Section 17.10.020
(Accessory Dwelling Unit and Junior Accessory Dwelling Unit
Development Standards), shall be allowed in all RS and RM districts, on
lots with existing or proposed single-family dwelling units, with ministerial
approval of a site plan review by the director. Accessory dwelling units or
junior accessory dwelling units which do not meet these standards may be
permitted in all RS and RM districts, on lots with existing or proposed
single-family dwelling units, with the granting of the applicable permits.
B. An accessory dwelling unit or junior accessory dwelling unit that meets all
applicable standards described in this chapter shall be processed
ministerially within 60 days after receiving a completed application. If the
completed application is submitted with a permit application to create a
new single-family dwelling on the lot, the completed application may be
delayed until the single-family dwelling application is acted upon. If an
applicant requests a delay, the 60-day time period may be tolled for the
period of the delay.
C. Accessory dwelling units shall not be used to increase the lot coverage
beyond that permitted by the Zoning Code. To that end, any new
accessory dwelling unit or junior accessory dwelling unit may not be
converted to primary dwelling unit space for a minimum of 20 years from
construction.
D. The filing fee for an accessory dwelling unit or junior accessory dwelling
unit application shall be as established by resolution of the city council.
E. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit
or Detached Accessory Structure and Junior Accessory Dwelling Unit
within Existing Space of a Primary Dwelling Unit:
1. The city shall ministerially approve an application for an accessory
dwelling unit if the unit satisfies the following: 1) is contained within
the existing or proposed space of a primary dwelling unit or
detached accessory structure; 2) has independent exterior access
from the existing dwelling unit; and 3) the side and rear setbacks
are sufficient for fire safety (as may be determined by the Los
Angeles County Fire Department).
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2. The city shall ministerially approve an application to create one
junior accessory dwelling unit if the unit satisfies the following: 1) is
contained within the existing space of a primary dwelling unit; 2) the
primary dwelling unit is a single-family residence 3) the junior
accessory dwelling unit has an existing or proposed independent
exterior access from the existing dwelling unit; and 4) all setbacks
are sufficient for fire safety (as may be determined by the Los
Angeles County Fire Department).
3. For the purposes of this section, an accessory dwelling unit or
junior accessory dwelling may be considered solely within the
existing or proposed space of another structure if it includes an
expansion of not more than 150 square feet beyond the same
physical dimensions of the existing structure, as long as that
expansion beyond the physical dimensions of the existing structure
is only for accommodating ingress and egress and does not exceed
16 feet in height.
4. A property may have one accessory dwelling unit and one junior
accessory dwelling unit approved through the process created by
this section.
Section 7: Section 17.10.050 (Use covenant and restriction) of Article VI
(Residential Districts) of Title 17 (Zoning) repealed and replaced with the following:
A. Prior to the issuance of a certificate of occupancy for an approved
accessory dwelling unit or junior accessory dwelling unit, a fully -executed
use covenant and restriction running with the land shall be recorded by the
city with the Los Angeles County Recorder's Office, and shall include all of
the following:
1. Conditions of approval sufficient to ensure that the accessory
dwelling unit or junior accessory dwelling unit will be constructed and
maintained pursuant to this section protect the health, safety, and
welfare of the residents of the city, and a statement that the owner
agrees to all such conditions.
2. A prohibition on the sale of the accessory dwelling unit or junior
accessory dwelling unit separate from the sale of the single-family
residence, including a statement that the deed restriction shall be
enforced against future purchasers.
3. A restriction that the size and attributes of the accessory dwelling unit
or junior accessory dwelling unit must conform with this chapter.
B. If the site plan review application and/or any other permit issued for the
accessory dwelling unit or junior accessory dwelling unit is revoked by the
city pursuant to the provisions of Chapter 17.86 (Enforcement) of this code,
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subject to the limitations of Health & Safety Code § 17980.12, then the
director shall file notice with the Los Angeles County Recorder’s Office that
the permit for the accessory dwelling unit or junior accessory dwelling unit
has been revoked ,and the property owner shall forthwith convert the
accessory dwelling unit or junior accessory dwelling unit to a legal structure
or shall demolish such structure.
Section 8: The following definitions in Chapter 17.96 (Definitions) of Article VIII
(Administration) of Title 17 (Zoning) are repealed and replaced with the following:
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.
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 9. 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 .
Section 10. 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,
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subsection, subdivision, paragraph, sentence, clause, phrase h ereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 11. Certification and Posting. The City Clerk shall cause this Ordinan ce
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 12. This Ordinance shall take effect 30 days after its adoption.
PASSED, APPROVED and ADOPTED this 18th day of October, 2022.
______________________________
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; and that the
foregoing Ordinance No. ___-U was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on October 18, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
A-12
Title 17 - ZONING
ARTICLE I. - RESIDENTIAL DISTRICTS
Chapter 17.10 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Rancho Palos Verdes, California, Code of Ordinances Created: 2022-09-08 14:01:52 [EST]
(Supp. No. 69, Update 1)
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Chapter 17.10 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING
UNIT DEVELOPMENT STANDARDS1
Sections:
17.10.010 Purpose.
This chapter provides standards for the development and maintenance of accessory dwelling units and junior
accessory dwelling units, in accordance with California State Government Code Sections 65852.2 and 65852.22. A
substantial portion of the City of Rancho Palos Verdes is located in a designated "Very High Fire Hazard Severity
Zone" (see Section 8.08.060 [Very High Fire Hazard Severity Zone Map]), and this chapter ensures that accessory
dwelling units and junior accessory dwelling units are developed and operated on adequate sites, at proper and
desirable locations, and that the goals and objectives of the general plan are observed. An accessory dwelling unit
or junior accessory dwelling unit that conforms to the following requirements shall not be consid ered to exceed
the allowable density (i.e., number of dwelling units per acre) for the lot upon which it is located and shall be
deemed to be a residential use which is consistent with the existing general plan and zoning designations for the
lot.
(Ord. No. 640, § 10, 1-19-21)
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 or proposed 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
1Editor's note(s)—Ord. No. 640, § 10, adopted January 19, 2021, repealed the former Ch. 17.10, §§ 17.10.010—
17.10.050, and enacted a new Ch. 17.10 as set out herein. The former Ch. 17.10 pertained to similar subject
matter and derived from Ord. No. 628, § 9, adopted October 2019.
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multiple-family residential structure, no more than two detached 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 and/or junior accessory dwelling unit is constructed
or converted from existing space shall include a proposed or existing single-family residence, as
normally allowed on such a lot. Accessory dwelling units may be constructed within the
proposed or existing multi-family structures, 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 for conversion ADUs and state exemption ADUs 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 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. Where feasible, Aany 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. Where feasible, Tthe accessory dwelling unit or junior accessory dwelling unit shall provide
privacy mitigation measures including:
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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. Where feasible, Nno entry to an accessory dwelling unit or junior accessory dwelling unit
shall not be visible from the public right-of-way.
f. Roof decks shall not be permitted on a detached accessory dwelling unit.
g. The exterior lighting must comply with Section 17.56.030 (Outdoor Lighting for Residential
Uses) of this code.
hf. Detached accessory dwelling units no larger than 800 square feet in area and no taller 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 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, tThe 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. The accessory dwelling unit is located within an architecturally and historically significant
structure;
c. The accessory dwelling unit is part of the proposed or existing primary residence or an
accessory dwelling unit;
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d. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit
eb. 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 four feet from the side and
rear lot lines, but with mitigation measures in the very high fire hazard severity zones (VHFHSZ)
to be in place pursuant to California Building Code, California Code of Regulations Title 24, par 2,
Chapter 7A.
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.
20. Where feasible, 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.
C. Very High Fire Hazard Severity Zone.
1. Where a lot or any portion thereof is located within a very high fire hazard severity zone, an
accessory dwelling unit 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.
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a. An accessory dwelling unit which does not comply with 17.10.020(C)(1) 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 an accessory dwelling unit 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 an accessory dwelling unit.
Any decision made by the city council on a conditional use permit for an accessory dwelling
unit is final.
2. Detached accessory dwelling units built within a very high fire hazard severity zone must
maintain a ten-foot separation between the accessory dwelling unit and the primary dwelling
unit.
3. Notwithstanding Subsection (C)(1) above, accessory dwelling units 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.
4. Detached accessory dwelling units located within a very high fire hazard severity zone shall
provide a minimum setback of five feet from the side and rear lot lines.
5. For a garage, carport, or covered parking structure located within a very high fire hazard severity
zone that is converted to an accessory dwelling unit, onsite replacement parking spaces shall be
required that comply with the minimum number of spaces and dimensions stated in subsection
17.02.030(E). However, the replacement parking spaces need not be enclosed.
CD. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or Detached Accessory
Structure and Junior Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit.
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0 Direct means of access to "1-arterlaVcollector street
(S) Overlapping means of access ~ to arterial/collector street
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1. If the accessory dwelling unit or junior accessory dwelling unit is contained within the existing
space of a primary dwelling unit or detached accessory structure, no parking is required to be
provided for that accessory dwelling unit or junior accessory dwelling unit.
2. No new setbacks shall be required for an existing garage, carport, or covered parking structure
that is converted to an accessory dwelling unit or junior accessory dwelling unit within the same
footprint.
3. For a garage, carport, or covered parking structure that is converted to an accessory dwelling unit
or junior accessory dwelling unit, replacement parking is not required. the rReplacement spaces
can be located in any other configuration on the same lot as the accessory dwelling unit or junior
accessory dwelling unit, 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.
(Ord. No. 640, § 10, 1-19-21)
17.10.030 Junior accessory dwelling units.
A. A junior accessory dwelling unit is a secondary dwelling unit with living facilities for one or more persons
within the interior of an existing or proposed single-family residence. A junior accessory dwelling unit shall
adhere to the following standards, in addition to the development standards in Section 17.10.020(B):
1. Owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be
located is mandatory. The owner may reside in either the remaining portion of the structure or the
newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is
another governmental agency, land trust, or housing organization.
2. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 square feet.
3. The primary dwelling unit and the junior accessory dwelling unit shall remain under the same
ownership. The junior accessory dwelling unit shall not be sold separately from the primary dwelling
unit.
4. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing
single-family residence, which shall include attached garage.
5. The junior accessory dwelling unit shall include a separate entrance from the main entrance to the
proposed or existing single family residence.
6. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the
following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size
of the junior accessory dwelling unit.
7. No additional parking shall be required for a junior accessory dwelling unit.
B. The city may require an inspection of the junior accessory dwelling unit, including the imposition of a fee
adopted by city council resolution for that inspection, to determine if the junior accessory dwelling unit
complies with the application therefore, and applicable building standards.
C. For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall
not be considered a separate or new dwelling unit.
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D. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior
accessory dwelling unit shall not be considered a separate or new dwelling unit.
E. This section shall not be construed to prohibit the city from requiring parking or a service or a connection fee
for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling
unit, so long as those requirements apply uniformly to all single-family residences regardless of whether the
single-family residence includes a junior accessory dwelling unit.
(Ord. No. 640, § 10, 1-19-21)
17.10.040 Approval process.
A. Accessory dwelling units and/or junior accessory dwelling units, either attached or detached, which adhere
to the standards in Section 17.10.020 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit
Development Standards), shall be allowed in all RS and RM districts, on lots with existing or proposed single-
family dwelling units, with ministerial approval of a site plan review by the director. Accessory dwelling units
and/or junior accessory dwelling units which do not meet these standards may be permitted in all RS and RM
districts, on lots with existing or proposed single-family dwelling units, with the granting of the applicable
permits.
B. An accessory dwelling unit or junior accessory dwelling unit that meets all applicable standards described in
this chapter shall be processed ministerially within 60 days after receiving a completed application. If the
completed application is submitted with a permit application to create a new single-family dwelling on the
lot, the completed application may be delayed until the single-family dwelling application is acted upon. If an
applicant requests a delay, the 60-day time period may be tolled for the period of the delay.
C. Accessory dwelling units shall not be used to increase the lot coverage beyond that permitted by the Zoning
Code. To that end, any new accessory dwelling unit or junior accessory dwelling unit may not be converted
to primary dwelling unit space for a minimum of 20 years from construction.
D. The filing fee for an accessory dwelling unit or junior accessory dwelling unit application shall be as
established by resolution of the city council.
E. Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit or Detached Accessory Structure
and Junior Accessory Dwelling Unit within Existing Space of a Primary Dwelling Unit:
1. The city shall ministerially approve an application for an accessory dwelling unit if the unit satisfies the
following: 1) is contained within the existing or proposed space of a primary dwelling unit or detached
accessory structure; 2) has independent exterior access from the existing dwelling unit; and 3) the side
and rear setbacks are sufficient for fire safety (as may be determined by the Los Angeles County Fire
Department).
2. The city shall ministerially approve an application to create one junior accessory dwelling unit if the
unit satisfies the following: 1) is contained within the existing space of a primary dwelling unit; 2) the
primary dwelling unit is a single family-residence; 3) the junior accessory dwelling unit has an existing
or proposed independent exterior access from the existing dwelling unit; and 34) all setbacks are
sufficient for fire safety (as may be determined by the Los Angeles County Fire Department).
3. For the purposes of this section, an accessory dwelling unit or junior accessory dwelling may be
considered solely within the existing or proposed space of another structure if it includes an expansion
of not more than 150 square feet beyond the same physical dimensions of the existing structure, as
long as that expansion beyond the physical dimensions of the existing structure is only for
accommodating ingress and egress and does not exceed 16 feet in height.
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4. A property may have one accessory dwelling unit and one junior accessory dwelling unit app roved
through the process created by this section.
(Ord. No. 640, § 10, 1-19-21)
17.10.050 Use covenant and restriction.
A. Prior to the issuance of a certificate of occupancy for an approved accessory dwelling unit or junior accessory
dwelling unit, a fully-executed use covenant and restriction running with the land shall be recorded by the
city with the Los Angeles County Recorder's Office, and shall include all of the following:
1. Conditions of approval sufficient to ensure that the accessory dwelling unit or junior accessory dwelling
unit will be constructed and maintained pursuant to this section protect t he health, safety, and welfare
of the residents of the city, and a statement that the owner agrees to all such conditions.
2. A prohibition on the sale of the accessory dwelling unit or junior accessory dwelling unit separate from
the sale of the single-family residence, including a statement that the deed restriction shall be enforced
against future purchasers.
3. A restriction that the size and attributes of the accessory dwelling unit or junior accessory dwelling unit
must conform with this chapter.
B. If the site plan review application and/or any other permit issued for the accessory dwelling unit or junior
accessory dwelling unit is revoked by the city pursuant to the provisions of Chapter 17.86 (Enforcement) of this
code, subject to the limitations of Health & Safety Code § 17980.12, then the director shall file notice with the Los
Angeles County Recorder’s Office that the permit for the accessory dwelling unit or junior accessory dwelling unit
has been revoked ,and the property owner shall forthwith convert the accessory dwelling unit or junior accessory
dwelling unit to a legal structure or shall demolish such structure.
(Ord. No. 640, § 10, 1-19-21)
17.10.060 Revocation.
If the site plan review application and/or any other permit issued for the accessory dwelling unit or junior
accessory dwelling unit is revoked by the city pursuant to the provisions of Chapter 17.86 (Enforcement) of this
code, then the director shall file notice with the Los Angeles County Recorder's Office that the permit for the
accessory dwelling unit or junior accessory dwelling unit has been revoked, and the property owner shall f orthwith
convert the accessory dwelling unit or junior accessory dwelling unit to a legal structure or shall demolish such
structure.
(Ord. No. 640, § 10, 1-19-21)
Chapter 17.96 DEFINITIONS
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
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situated. This definition shall be interpreted as consistent with the definition of accessory dwelling unit found in
Government Code Section 65852.2.
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.
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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
May 21, 2021
Ken Rukavina, Director of Community Development
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
RE: Review of the City of Rancho Palos Verdes’ Accessory Dwelling Unit (ADU)
Ordinance
Dear Ken Rukavina:
Thank you for submitting the City of Rancho Palos Verdes’ (City’s) accessory dwelling
unit (ADU) Ordinance Number 640, adopted January 19, 2021. The ordinance was
received by the California Department of Housing and Community Development (HCD)
on February 10, 2021. HCD is submitting these written findings pursuant to Government
Code section 65852.2, subdivision (h). HCD finds that the ordinance does not comply
with section 65852.2 in several respects, noted below. HCD requests that the City
provide a written response to these findings no later than June 18, 2021. HCD will
review and consider any written response received from the City before that date in
advance of taking further action authorized by Government Code section 65852.2.
The adopted ADU ordinance meets many statutory requirements. However, the
ordinance must be revised to comply with State ADU Law as follows:
• AB 3182 Update: Effective January 1, 2021, an ADU and a Junior Accessory
Dwelling Unit (JADU) must be allowed on the same site if there is a proposed or
existing single-family dwelling. (Gov. Code, § 65852.2, subd. (e)(1)(A).) Section
17.10.020 and 17.10.040 of the City’s ordinance should thus be revised to allow
an attached, detached, or conversion ADU in conjunction with a JADU on any
site with a proposed or existing single-family dwelling (see Assembly Bill 3182,
Chapter 198, Statutes of 2020).
• Zoning for ADUs and JADUs: As currently written on page 4, Section 6,
Ordinance No. 640 amended Single Family Residential and Multifamily
Residential Districts to allow ADUs and JADUs. To be consistent with current
State ADU Law, the Municipal Code must make clear that ADUs are allowed in
all zones that allow single family and multifamily development. (Gov. Code, §
65852.2, subd. ((a)(1)(D)(ii).) Title 17 should also be amended to clarify this
point. Likewise, JADUs must be allowed in all zones that allow for single-family
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City of Rancho Palos Verdes
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development, including planned developments. (Gov. Code, § 65852.2, subd.
(a)(1).)
• Manufactured Homes: For clarity, Section 17.02.20.A should replace the term
“mobile homes” with “manufactured homes” as described in Health and Safety
Code section 18007 and Government Code section 65852.2.
• Familial Status: Sections 17.02.020 and 17.04.020 raises concerns about
limiting occupancy based on familial status. The City should revise this section
to avoid limiting the occupancy of housing units based on familial status. The
narrow definition of family contained in Section 17.96.680 potentially violates
Government Code sections 65008 and 8899.50 as well. Section 65008 prohibits
discrimination in housing on the basis of protected characteristics, including
income source and income level. On a related note, HCD observes that section
17.96.680 actually violates housing element law. Government Code section
65583, subdivision (c)(3), mandates: “Transitional housing and supportive
housing shall be considered a residential use of property and shall be subject
only to those restrictions that apply to other residential dwellings of the same
type in the same zone.” This does not mean that transitional and supportive
housing must be allowed by right in all residential zones. It does mean that if
transitional or supportive housing is located in a single-family home, the city
cannot require a use permit for the transitional or supportive housing unless it
also generally requires a use permit for all other single-family homes. The
references in Sections 17.02.020 and 17.04.020 to family, the definition of family
in 17.96.680, and the requirement for a conditional use permit in all instances in
for transitional and supportive housing in section 17.04.030 are potentially
violative of section 65583.
• Parking Requirements: The parking requirements in Section 17.02.030 are
excessive and should be removed. Parking for ADUs may not be required to be
covered and/or enclosed, whether in a fire hazard zone or not. Section
17.10.020.B.11 should be changed to reflect this as well; this section should also
be amended to include all five parking exemption categories in Government
Code section 65852.2, subdivision (d).
• ADUs Within and Existing Space: 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 an existing primary dwelling. The current definition in this section is
overly restrictive to existing dwellings.
• JADUs and Multifamily Dwellings: 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 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.
• Conversions, JADUs and Local Development Standards: Under Government
Code sections 65852.2 and 65852.22, conversion ADUs and JADUs as well as
65852.2, subdivision (e), ADUs, are exempt from local development standards
like lot coverage, setbacks, heights, and unit sizes. However, ADUs under this
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City of Rancho Palos Verdes
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subdivision must meet the building code and health and safety requirements.
Section 17.10.20.B.3 should be revised to reflect this. 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.
• ADUs and Garage Space: Pursuant to Government Code section 65852.2,
subdivision (a)(1)(D)(x), 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 on page 7 of Ordinance 640.
• Development Requirements: Section 17.10.20.B.6.c and e on page 8 of the
ordinance should be revised to include the phrase “where feasible” at the
beginning of the first sentence. These privacy standards could potentially be
huge hinderances to ADU development and cannot be applied if they prevent an
applicant from receiving an approved ADU permit. Additionally, as mentioned
above, 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 17.10.20.B.6.g should also be
elucidated and required only “where feasible.”
• Limiting the Number of Bedrooms: State Fair Housing Law prevents local
jurisdictions from limiting the number of bedrooms in a residence. A limit on the
number of bedrooms could be construed as a discriminatory practice towards
protected classes, such as familial status, and would be considered a constraint
on the development of ADUs. Section 17.10.020.B.8 on page 8 of this ordinance
therefore needs to be removed.
• Setback Requirements: State ADU Law prohibits the implementation of rear and
side yard setbacks of greater than four (4) feet on any ADU. 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.
• Fire Safety Requirements: The requirements listed under Section 17.10.020 of
this ordinance should be removed and, if desired, placed in the local fire code or
building code as they appear to be more generally applicable rather than merely
an imposition on ADUs only that go beyond the scope of State ADU Law. (See,
e.g., Gov. Code, § 65852.22, subd. (d) [acknowledging application of fire safety
requirements if they apply uniformly to all single-family residences in the zone
and not just for JADUs].)
• Conditional Use Permits and ADUs: State law allows the construction of ADUs
by right in all areas zoned for single family and/or multifamily use. (Gov. Code, §
65852.2, subd. (a)(1).) Conditional use permits may not be required unless the
proposed ADU does not comply with state or compliant local ADU provisions.
Since, as noted above, Section 17.10.020 is not a compliant local provision,
Section 17.10.020.C.1.a of this ordinance should be removed along with the rest
of Section 17.10.020.C.
• Replacement Parking for ADUs: The parking requirements in the City’s
ordinance do not align with State ADU Law. For instance, ADUs are not required
to provide replacement parking when such parking is lost due to the construction
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City of Rancho Palos Verdes
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of the ADU. (See Gov. Code, § 65852.2, subd. (a)(D)(xi).) Thus, Section
17.10.020.D.3 of this ordinance should thus be removed. The same is true for
17.10.020.C.5.
• JADUs in Garages: Attached garages are not accessory structures and are
“within the walls of” a single-family residence. Thus, JADUs can be created in an
attached garage. (See Gov. Code, § 65852.2, subd. (a)(D)(xi).) This should be
elucidated in Section 17.10.030.A.4 of this ordinance.
• ADUs and Fees: As stated in Government Code section 65852.150, subdivision
(b), local governments cannot establish fees on ADUs that are “excessive,
arbitrary, or burdensome,” to the point that they are restricting the production of
ADUs. Any filing fee as mentioned under Section 17.10.040 of this ordinance
would have to be in compliance with state statute and local building code fees.
• Recorded Covenants and Restrictions: In Section 17.10.040A.1, the City
requires a fully executed use covenant and restriction running with the land be
recorded prior to occupancy. HCD would like further clarification on “all such
conditions” necessary to execute a use covenant and restriction required to
receive a certificate of occupancy for an ADU. Local jurisdictions may not require
any conditions under this required covenant that is not required under State
ADU Law.
• Revocation of ADU Permits: HCD would also like further clarification on Section
17.10.050.A.3, which states that permits for ADUs and JADUs may be revoked if
certain conditions are met under Chapter 17.86 of the Rancho Palos Verdes
Municipal Code. Any request for an ADU owner or applicant to remedy building
standards must be in compliance with the provisions laid out in the Health and
Safety Code section 17980.12.
This date on this letter shall serve as the start of the 30-day period for the local agency
to respond to the findings before HCD takes any other action authorized pursuant to
Government Code section 65852, subdivision (h). Please note that failure to comply
with Section 65852, subdivision (h), may lead to a referral to the Attorney General’s
Office.
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 (916) 263-2707 or at
Reid.Miller@hcd.ca.gov.
Sincerely,
Shannan West
Land Use & Planning Unit Chief
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D-1CITY OF June 18, 2021 Shannan West Land Use & Planning Unit Chief Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CITY OF RANCHO PALOS VERDES RESPONSE TO THE HCD REVIEW OF THE CITY'S ACCESSORY DWELLING UNIT{"ADU") ORDINANCE Reference: HCD Letter dated, 21 May 2021 Dear M. West: The City of Rancho Palos Verdes ("City") acknowledges receipt of your written findings (Reference 1), pursuant to Government Code § 65852.2(h), with respect to the City's adopted ADU Ordinance No. 640. The city writes to respond to the same. In doing so, the City shall address each of your findings in order. HCD FINDING: ADUs and JADUs must be allowed on the same site if there is a proposed or existing single-family dwelling. Section 17.10.020 and 17.10.040 of the City's ordinance should thus be revised to allow an attached, detached, or conversion ADU in conjunction with a JADU on any site with a proposed or existing single-family dwelling. CITY RESPONSE: The City's current ordnance currently accounts for this allowance, perhaps this was overlooked in your review of the City's ADU ordinance. Please refer to Section 17 .10.020(A)(l) and (2): "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 30940 HAWTHORNE BOULEVARD/ RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5228 / FAX (310) 544-5293 WWWRPVCAGOV 0 PRINTED ON RECYCLED PAPER
D-2Shannan West June 18, 2021 Page 2 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 accessory dwelling units may be allowed on a lot that has an existing multiple-family residential structure." HCD FINDING: The Municipal Code must make clear that ADUs are allowed in all zones that allow single family and multifamily development. (Gov. Code, § 65852.2, subd. ((a)(l)(D)(ii).) Title 17 should also be amended to clarify this point. Likewise, JADUs must be allowed in all zones that allow for single-family development, including planned developments. CITY RESPONSE: Section 17.02.020(A) and 17.04.020(A) of the City's Title 17 Zoning Code for Residential Districts permits ADUs and JADUs in all residential zones. No other zones allow for single or multi-family development. Moreover, ADUs and JADUs are allowed in single family and multi-family zones in Section 17.10.020(A) of the ADU and JADU Development Standards of the ADU ordinance. HCD FINDING: For clarity, Section 17.02.20.A should replace the term "mobile homes" with "manufactured homes" For clarity, Section 17.02.20.A should replace the term "mobile homes" with "manufactured homes." CITY'S RESPONSE: The City does not have an issue with updating the wording for mobile homes / manufactured homes to be more contemporary and inclusive of current best practices, staff will recommend to the Planning Commission and the City Council to revise the ADU ordinance as such. HCD FINDING: Sections 17.02.020 and 17.04.020 raises concerns about limiting occupancy based on familial status. The City should revise this section to avoid limiting the occupancy of housing units based on familial status .... HCD observes that section 17.96.680 actually violates housing element law .... The references in Sections 17.02.020 and 17.04.020 to family, the definition of family in 17.96.680, and the requirement for a conditional use permit in all instances in for transitional and supportive housing in section 17.04.030 are potentially violative of section 65583. CITY RESPONSE: With respect, the City's definition of family in Section 17.96.680 derives from California Supreme Court precedent. '"Family' means an individual or two or more persons, living together as a single housekeeping unit in a dwelling unit." California privacy laws prohibit the regulation of households of unrelated adults who choose to live together like a family.
D-3Shannan West June 18, 2021 Page 3 City of Santa Barbara v. Adamson, 27 Cal.3d 123 (1980). In Adamson, the Supreme Court struck down a regulation that required that people residing in a dwelling be a "family," defined as "[a]n individual, or two (2) or more persons related by blood, marriage or legal adoption living together as a single housekeeping unit in a dwelling unit." The Court struck down "related by blood, marriage or legal adoption," which is not included in the City's ordinance. The adopted ADU ordinance makes no mention of familial status, and therefore complies with California privacy law. Respectfully, City staff see no need to amend this section of the City's ADU ordinance. HCD FINDING: The parking requirements in Section 17.02.030 are excessive and should be removed. Section 17. 10.020.B. l l should be changed to reflect this as well; this section should also be amended to include all five parking exemption categories in Government Code section 65852.2, subdivision ( d). CITY RESPONSE: With respect, the City disagrees with this recommendation. Section 17.02.030(A)(7) specifically provides: "No additional parking shall be required for a junior accessory dwelling unit." Parking is not required to be enclosed, it may be enclosed. Moreover, City staff sees no reason to articulate parking exemptions that will never apply in the City. City staff will explore with the Planning Commission and the City Council the following possible textual revision Section 17.02.020(8)(11): "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. The accessory dwelling unit 1s located within an architecturally and historically significant historic district; c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure; d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; e. When there is a car share designated pick-up or drop-off location within one block of the accessory dwelling unit."
D-4Shannan West June 18, 2021 Page4 HCD FINDING: 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 an existing primary dwelling. CITY RESPONSE: City staff will explore with the Planning Commission and the City Council the following possible textual revision: "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 a proposed or existing primary dwelling unit or accessory structure." HCD FINDING: 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 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 RESPONSE: City staff will explore with the Planning Commission and the City Council the following possible textual addition to Section 17.10.020(B) as follows: "19. Accessory dwelling units are allowed on all lots with a proposed or existing single family or multifamily structure, and junior accessory dwelling units are allowed only where there is a proposed or existing single-family dwelling on the lot." City staff is further willing to explore with the Planning Commission and the City Council a possible textual revision Section 17. 10.040.E.3 to make clear that JADU s are only allowed in a proposed or existing single-family dwelling. HCD FINDING: 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 RESPONSE: City staff will recommend to the Planning Commission and the City Council a textual revision removing the terms "in addition" to JADU standards. HCD FINDING: 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.
D-5Shannan West June 18, 2021 Page 5 CITY RESPONSE: With respect, the City disagrees with this recommendation. As noted above, under the City's ADU ordinance parking is not required to be enclosed, it may be enclosed. City staff will explore with the Planning Commission and the City Council the following possible textual revision to Section 17 .10.020(B)(3) as follows: "Except for conversion ADUs and state exemption ADUs, 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." City staff willing also explore with the Planning Commission and the City Council a textual revision to Section 17 .10.030(A) as follows: "A junior accessory dwelling unit is a secondary dwelling unit with living facilities for one or more persons within the interior of an existing or proposed single-family residence. A junior accessory dwelling unit shall adhere to the following standards:" HCD FINDING: 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 17.10.20.B.6.g should also be elucidated and required only "where feasible." CITY RESPONSE: The City's Land Use Element Policies 10 and 11 provide: ,r "10. Encourage all development to address neighboring site privacy. ,r 11. Require all new housing and significant improvements to existing housing to consider neighborhood compatibility." However, City staff will explore with the Planning Commission and the City Council a textual revision to Section 17.10.020(B)(6)(c), (e), and (g) as follows: "c. Where feasible, 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 fa9ades that face any adjacent properties; and *** e. Where feasible, entry to an accessory dwelling unit or junior accessory dwelling unit shall not be visible from the public right-of-way.
D-6Shannan West June 18, 2021 Page 6 *** g. Where feasible, the exterior lighting must comply with Section 17.56.030 (Outdoor Lighting for Residential Uses) of this code." HCD FINDING: 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 RESPONSE: City staff will explore with the Planning Commission and the City Council a textual revision to Section 17 .10.020(B)(8) could be: "The accessory dwelling unit ( attached or detached) shall include at least one full bathroom, and shall not include more than one kitchen." HCD FINDING: 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 RESPONSE: City staff will explore with the Planning Commission and the City Council textual revisions to reduce the setback to four feet, but with mitigation measures in the very high fire hazard severity zones (VHFHSZ) to be in place pursuant to California Building Code, California Code of Regulations Title 24, part 2, Chapter 7 A. HCD FINDING: The requirements listed under Section 17. 10.020 of this ordinance should be removed and, if desired, placed in the local fire code or building code as they appear to be more generally applicable rather than merely an imposition on ADUs only that go beyond the scope of State ADU Law. CITY RESPONSE: With respect, the City disagrees with this recommendation. The Department of Forestry and Fire Protection (CAL FIRE) has designated much of the City as a very high fire hazard severity zone (VHFHSZ) area. Section 8.08.060 of the City's Municipal Code "designates VHFHSZs, as recommended by the Director of the California Department of Forestry and Fire Protection and the County of Los Angeles Fire Department, as designated on the map entitled fire hazard severity zones, which are on file in the city's community development department." The fire hazard map was developed by the Forestry Division based on an evaluation of fuels, topography, dwelling density, weather, infrastructure, building materials, brush clearance, and fire history, and serves to determine increased insurance rates and building requirements. Wildfire hazard is particularly present in the City's wildland/urban interface, presenting a substantial hazard to life and property, especially in its residential communities built within or adjacent to hillsides areas.
D-7Shannan West June 18, 2021 Page 7 This hazard is especially acute during severe weather events such as the Santa Ana wind conditions that routinely impact southern California, which alters the normally temperate City coastal plain to create potentially catastrophic wildfire conditions. Fire in the City presents a unique danger as fire can bum large areas of the City and cause significant damage to structures, valuable watersheds, and result in an increased risk of mud flows. This wildfire hazard is also magnified in the City by several factors related to fire suppression and control, such as the surrounding fuel load, weather, topography, and property characteristics. For these unique reasons, the City submits the requirements listed under Section 17.10.020 should remain in the ADU ordinance. The City is not asking for a complete prohibition of ADUs in the VHFHSZ, but rather a means to manage and control the development of ADUs in a manner that can ensure the safety of the public. 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. 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. Now imagine the community to be in the Wildlands Urban Interface (WUI), a High Fire Hazard Zone, a Very High Fire Hazard Zone, an Environmentally Sensitive Area and/or a Constrained Area. This is what many areas of the City are -constrained by narrow ( as narrow as 15 to 20 feet wide) winding streets already impacted by parked cars that can restrict emergency vehicle access, located in steep and vegetated hillside areas, and with access in only one direction to a two-lane, winding arterial that also does not have shoulders or parking. Dire consequences could result during an emergency when residents are unable to evacuate and fire trucks/paramedics are unable to reach their destinations. HCD FINDING: Conditional use permits may not be required unless the proposed ADU does not comply with state or compliant local ADU provisions. Since, as noted above, Section 17.10.020 is not a compliant local provision, Section 17.10.020.C.l.a of this ordinance should be removed along with the rest of Section 17.10.020.C. CITY RESPONSE: With respect, the City disagrees with this recommendation. For the reasons already detailed above, the wildland/urban interface in this City presents a substantial hazard to life and property, especially in its residential communities built within or adjacent to hillsides areas, with narrow, winding roadways where many have only one direct means of access to an arterial or collector street. The conditional use permit process in the City's ADU ordinance is warranted to be assure that ADUs proposed to be located within a very high fire hazard severity zones are on streets with two distinct means of vehicular access (an arterial or collector street) such that the two distinct means of vehicular access are assured which are critical "escape" routes in the event of a severe fire event. The CUP process is not intended to undermine the State housing law, but to afford protection of the residents of any primary unit as well as any ADU in the event of a fire event.
D-8Shannan West June 18, 2021 Page 8 HCD FINDING: Section 17.10.020.D.3 of this ordinance should thus be removed. The same is true for 17.10.020.C.5. CITY RESPONSE: Again, with respect and for the reasons already detailed above, the City disagrees with this blanket recommendation. City staff, however, will explore with the Planning Commission and the City Council a textual revision to Section 17.10.020(D)(3): "For a garage, carport, or covered parking structure that is converted to an accessory dwelling unit or junior accessory dwelling unit, replacement parking is not required. Replacement spaces can be located in any other configuration on the same lot as the accessory dwelling unit or accessory dwelling unit, 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." HCD FINDING: JADUs can be created m an attached garage. This should be elucidated in Section 17.10.030.A.4 of this ordinance. CITY RESPONSE: City staff will explore with the Planning Commission and the City Council a textual revision to Section 17.10.030(A)(4): "A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence, which shall include an attached garage." HCD FINDING: Any filing fee as mentioned under Section 17 .10.040 of this ordinance would have to be in compliance with state statute and local building code fees. CITY RESPONSE: All City fees, including any fee established under the City's ADU ordinance, as a matter of law, must be set based on the reasonable cost of providing the service and will otherwise comply with state law. HCD FINDING: Section 17.10.040A.1, the City requires a fully executed use covenant and restriction running with the land be recorded prior to occupancy. HCD would like further clarification on "all such conditions .... " Local jurisdictions may not require any conditions under this required covenant that is not required under State ADU Law. CITY RESPONSE: Under the City's ADU ordinance, ADUs and JADUs must be constructed in accordance with the requirements of the relevant technical codes (Building, Electric, Fire Codes) and must comply with health and safety requirements and the ordinance does not provide otherwise.
D-9Shannan West June 18, 2021 Page 9 HCD FINDING: HCD would also like further clarification on Section 17.10.050.A.3. Any request for an ADU owner or applicant to remedy building standards must be in compliance with the provisions laid out in the Health and Safety Code section 17980.12. CITY RESPONSE: Section 17.10.050(A)(3) provides that the covenant must include "[a] restriction that the size and attributes of the accessory dwelling unit or junior accessory dwelling unit must conform with this chapter." However, in deference to this request, City staff will explore with the Planning Commission and the City Council a textual revision to Section 17. 10.060 as follows: "If the site plan review application and/or any other permit issued for the accessory dwelling unit or junior accessory dwelling unit is revoked by the city pursuant to the provisions of Chapter 17.86 (Enforcement) of this code, subject to the limitations of Health & Safety Code § 17980.12, then the director shall file notice with the Los Angeles County Recorder's Office that the permit for the accessory dwelling unit or junior accessory dwelling unit has been revoked, and the property owner shall forthwith convert the accessory dwelling unit or junior accessory dwelling unit to a legal structure or shall demolish such structure." We trust the foregoing sufficiently responds to your findings such that no further action need be taken by HCD on the City's ADU ordinance. City staff will proceed through the legislative process before the Planning Commission and onto the City Council to amend the ADU ordinance as outlined hereinabove. If you have questions or would like to discuss this matter further, please feel free to contact me at (310) 544-5227 or via email at krukavina@rpvca.gov. Sincerely, 4u,~ Ken Rukavina, PE Director of Community Development Copy: City Council City Manager City Attorney Planning Commission
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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Ken Rukavina, Director of Community Development
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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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Ken Rukavina, Director of Community Development
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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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Ken Rukavina, Director of Community Development
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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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Ken Rukavina, Director of Community Development
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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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