CC SR 20250902 01 - Initiate Code Amendment SB9 Exempting Equestrian Overlays
CITY COUNCIL MEETING DATE: 09/02/2025
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration to initiate code amendment proceedings to exempt the Equestrian Overlay
District from Senate Bill 9 (SB 9) regulations in the Rancho Palos Verdes Municipal Code.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to amend Rancho Palos Verdes Municipal
Code (RPVMC) Chapter 16.40 (Urban Lot Splits) of Title 16 (Subdivisions) and
Chapter 17.09 (Second Units and Two-Unit Developments in Single-Family Zones)
of Title 17 (Zoning) to exempt the Equestrian Overlay District (Q) from the
applicability of these regulations pursuant to Senate Bill 684 (SB 684).
FISCAL IMPACT: There is no fiscal impact since these code amendment proceedings,
which involve staff time, are budgeted annually in the Community Development
Department/Planning Division budget as personnel costs.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Brandy Forbes, Director of Community Development
REVIEWED BY: Catherine Jun, Deputy City Manager CJ
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Government Code § 66499.41 with the applicable highlighted section that was
amended by Senate Bill 684 (SB684) passed in 2023-24 session (Page A-1)
B. City of Rancho Palos Verdes Ordinance No. 78
C. Zoning Map (Page C-1)
BACKGROUND:
On September 16, 2021, Governor Newsom signed SB 9 into law and these new
regulations went into effect on January 1, 2022. SB 9 allows a proposed two-unit housing
development within single-family residential zones to be considered ministerially, without
discretionary review or hearing, if the proposed housing meets certain basic requirements
established by the State, and limits the requirements a local agency could impose in
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approving such development if the municipality adopted local regulations pertaining to SB
9. The law also requires a local agency to ministerially approve the subdivision of a parcel
in single-family zones into two parcels, referred to as an urban lot split. Ultimately, an SB
9 eligible parcel could result in up to four units being developed on a single-family zoned
lot.
On December 21, 2021, in preparation for the enaction of the State’s SB 9 regulations,
the City Council adopted Ordinance No. 656U, thereby enacting SB 9 related regulations
to include the allowed local standards as Chapter 16.40 (Urban Lot Splits) and Chapter
17.09 (Second Units and Two-Unit Developments in Single-Family Zones).
SB 684, signed into law on October 11, 2023, amended the provisions related to SB 9
regulations (Government Code §§ 65852.21 and 66411.7 pertaining to the development
of urban dwelling units and urban lot splits, respectively). Specifically, SB 684 created the
exemption to the provisions of SB 9, for a site located within a single-family residential
horsekeeping zone adopted prior to January 1, 1994, and the elimination of an urban
dwelling unit development standard (Attachment A).
The City of Rancho Palos Verdes established an Equestrian Overlay District to permit
horsekeeping on December 9, 1975 with the adoption of Ordinance No. 78 (Attachment
B). This overlay zone is located in certain single-family residential zones, as seen on the
Council-adopted Zoning Map for the City (Attachment C). Specifically, there are four
areas in the City that contain the Equestrian Overlay District including Rolling Ridge
Road/Via Campesina, a portion of Crestridge, Portuguese Bend Community Association,
and the northern portion of Palos Verdes Drive East between approximately Miraleste
Intermediate School and the boundary with the City of Rolling Hills Estates.
DISCUSSION:
The City Council is being asked to consider initiating code amendment proceedings to
amend RPVMC Chapter 16.40 (Urban Lot Splits) of Title 16 (Subdivisions) and Chapter
17.09 (Second Units and Two-Unit Developments in Single-Family Zones) of Title 17
(Zoning) to exempt the Equestrian Overlay District (Q) from the applicability of these (SB
9) regulations pursuant to Government Code § 66499.41(h)(2). If City Council authorizes
staff to initiate these code amendment proceedings, City staff will prepare the ordinance
revisions, present the code amendments to the Planning Commission at a public hearing
for review and recommendation, and will then present the Planning Commission’s
recommendations to City Council at a public hearing for consideration of introduction of
said code amendments. It should be noted that the Planning Commission serves in the
advisory capacity regarding code amendments involving Title 17 (Zoning Code).
ADDITIONAL INFORMATION:
At its August 19 meeting, the City Council adopted Ordinance No. 692 which, among
other things, prohibits the construction of new residences within the Greater Portuguese
Bend Landslide Complex including the PBCA. The PBCA is one of the areas that is
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identified as an Equestrian Overlay District. Ordinance No. 692 goes into effect on
September 18, 2025, thirty days after the second reading.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Identify specific code criteria within the RPVMC that should or should not be amended.
2. Direct Staff to take no action at this time.
3. Take other action, as deemed appropriate.
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State of California
GOVERNMENT CODE
Section 66499.41
66499.41. (a) A local agency shall ministerially consider, without discretionary
review or a hearing, a parcel map or a tentative and final map for a housing
development project that meets all of the following requirements:
(1) (A) The proposed subdivision will result in 10 or fewer parcels and the housing
development project on the lot proposed to be subdivided will contain 10 or fewer
residential units, except as provided in subdivision (g).
(B) The proposed subdivision may designate a remainder parcel, as defined under
Section 66424.6, that retains existing land uses or structures, does not contain any
new residential units, and is not exclusively dedicated to serving the housing
development project. The remainder parcel shall not be counted against the 10-parcel
maximum permitted under subparagraph (A).
(2) The lot proposed to be subdivided meets all of the following sets of
requirements:
(A) The lot is one of the following:
(i) Zoned to allow multifamily residential dwelling use.
(ii) Vacant and zoned for single-family residential development. For purposes of
this paragraph, “vacant” means having no permanent structure, unless the permanent
structure is abandoned and uninhabitable. All of the following types of housing shall
not be defined as “vacant:”
(I) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rent or sales price to levels affordable to persons and families of low, very low, or
extremely low income.
(II) Housing that is subject to any form of rent or sales price control through a
local public entity’s valid exercise of its police power.
(III) Housing occupied by tenants within the five years preceding the date of the
application, including housing that has been demolished or that tenants have vacated
prior to the submission of the application for a development permit.
(B) (i) A lot zoned to allow multifamily residential dwelling use is no larger than
five acres and is substantially surrounded by qualified urban uses.
(ii) A vacant lot zoned for single-family residential development is no larger than
one and one-half acres and is substantially surrounded by qualified urban uses.
(iii) For purposes of this subparagraph, the following definitions apply:
(I) “Qualified urban use” has the same meaning as defined in Section 21072 of
the Public Resources Code.
(II) “Substantially surrounded” has the same meaning as defined in paragraph (2)
of subdivision (a) of Section 21159.25 of the Public Resources Code.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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(C) The lot is a legal parcel located within one of the following:
(i) An incorporated city, the boundaries of which include some portion of an
urbanized area.
(ii) An urbanized area or urban cluster in a county with a population greater than
600,000 based on the most recent United States Census Bureau data.
(iii) For purposes of this subparagraph, the following definitions apply:
(I) “Urbanized area” means an urbanized area designated by the United States
Census Bureau, as published in the Federal Register, Volume 77, Number 59, on
March 27, 2012.
(II) “Urban cluster” means an urban cluster designated by the United States Census
Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27,
2012.
(D) The lot was not established pursuant to this section, including a designated
remainder parcel described in subparagraph (B) of paragraph (1), or Section 66411.7.
(3) (A) Except as specified in subparagraphs (B) and (C), the newly created parcels
are no smaller than 600 square feet.
(B) If the parcels are zoned for single-family residential use, the newly created
parcels are no smaller than 1,200 square feet.
(C) A local agency may, by ordinance, adopt a smaller minimum parcel size subject
to ministerial approval under this subdivision.
(4) The housing units on the lot proposed to be subdivided are one of the following:
(A) Constructed on fee simple ownership lots.
(B) Part of a common interest development.
(C) Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D) Constructed on land owned by a community land trust. For the purpose of this
subparagraph, “community land trust” means a nonprofit corporation organized
pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the
following:
(i) Has as its primary purposes the creation and maintenance of permanently
affordable single-family or multifamily residences.
(ii) All dwellings and units located on the land owned by the nonprofit corporation
are sold to qualified owners to be occupied as the qualified owner’s primary residence
or rented to persons and families of low or moderate income. For the purpose of this
subparagraph, “qualified owner” means a person or family of low or moderate income,
including a person or family of low or moderate income who owns a dwelling or unit
collectively as a member occupant or resident shareholder of a limited-equity housing
cooperative.
(iii) The land owned by the nonprofit corporation, on which a dwelling or unit
sold to a qualified owner is situated, is leased by the nonprofit corporation to the
qualified owner for the convenient occupation and use of that dwelling or unit for a
renewable term of 99 years.
(E) Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5) The proposed housing development project will, pursuant to the requirements
of this division, meet one of the following, as applicable:
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(A) If the parcel is identified in the jurisdiction’s housing element for the current
planning period that is in substantial compliance with Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1, the housing development project will
result in at least as many units as projected for that parcel in the housing element. If
the parcel is identified to accommodate any portion of the jurisdiction’s share of the
regional housing need for low-income or very low income households, the housing
development project will result in at least as many low-income or very low income
units as projected in the housing element. These units shall be subject to a recorded
affordability restriction of at least 45 years.
(B) (i) If the parcel is not identified in the jurisdiction’s housing element for the
current planning period that is in substantial compliance with Article 10.6 (commencing
with Section 65580) of Chapter 3 of Division 1, the housing development project will
result in at least 66 percent of the maximum allowable residential density as specified
by local zoning or 66 percent of the applicable residential density specified in
subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever
is greater.
(ii) Where local zoning does not specify a maximum allowable residential density,
the housing development project will result in at least 66 percent of the applicable
residential density as specified in subparagraph (B) of paragraph (3) of subdivision
(c) of Section 65583.2.
(iii) The area of any designated remainder parcel described in subparagraph (B)
of paragraph (1) shall be excluded from the calculation of residential density under
this paragraph.
(6) The average total area of floorspace for the proposed housing units on the lot
proposed to be subdivided does not exceed 1,750 net habitable square feet. For
purposes of this paragraph, “net habitable square feet” means the finished and heated
floor area fully enclosed by the inside surface of walls, windows, doors, and partitions,
and having a headroom of at least six and one-half feet, including working, living,
eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages,
carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7) The housing development project on the lot proposed to be subdivided complies
with any local inclusionary housing ordinances adopted by the local agency.
(8) The development of a housing development project on the lot proposed to be
subdivided does not require the demolition or alteration of any of the following types
of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rent to levels affordable to persons and families of low, very low, or extremely low
income.
(B) Housing that is subject to any form of rent or price control through a local
public entity’s valid exercise of its police power.
(C) Housing occupied by tenants within the five years preceding the date of the
application, including housing that has been demolished or that tenants have vacated
prior to the submission of the application for a development permit.
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(D) A parcel on which an owner of residential real property has exercised the
owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7
of Title 1 to withdraw accommodations from rent or lease within 15 years before the
date that the development proponent submits an application.
(9) The lot proposed to be subdivided is not located on a site that is any of the
following:
(A) Either prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring criteria,
as modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned
or designated for agricultural protection or preservation by a local ballot measure that
was approved by the voters of that jurisdiction.
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) Within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Section 51178, or within a high or very
high fire hazard severity zone as indicated on maps adopted by the Department of
Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
(D) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
former Section 25356 of the Health and Safety Code, unless either of the following
applies:
(i) The site is an underground storage tank site that received a uniform closure
letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety
Code based on closure criteria established by the State Water Resources Control
Board for residential use or residential mixed uses. This section does not alter or
change the conditions to remove a site from the list of hazardous waste sites listed
pursuant to Section 65962.5.
(ii) The State Department of Public Health, State Water Resources Control Board,
Department of Toxic Substances Control, or a local agency making a determination
pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has
otherwise determined that the site is suitable for residential use or residential mixed
uses.
(E) Within a delineated earthquake fault zone as determined by the State Geologist
in any official maps published by the State Geologist, unless the housing development
project complies with applicable seismic protection building code standards adopted
by the California Building Standards Commission under the California Building
Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code), and by any local building department under Chapter 12.2
(commencing with Section 8875) of Division 1 of Title 2.
(F) Within a special flood hazard area subject to inundation by the 1-percent annual
chance flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency. If a development proponent is able to satisfy all applicable federal qualifying
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criteria in order to provide that the site satisfies this paragraph and is otherwise eligible
for streamlined approval under this section, a local government shall not deny the
application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government
that is applicable to that site. A housing development project may be located on a site
described in this subparagraph if either of the following is met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal
Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary
to meet minimum flood plain management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing
with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal
Regulations.
(G) Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
ManagementAgency, unless the housing development project has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal
Regulations. If a development proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph and is
otherwise eligible for streamlined approval under this section, a local government
shall not deny the application on the basis that the development proponent did not
comply with any additional permit requirement, standard, or action adopted by that
local government that is applicable to that site.
(H) Land identified for conservation in an adopted natural community conservation
plan pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or another adopted natural resource protection plan.
(I) Habitat for protected species identified as candidate, sensitive, or species of
special status by state or federal agencies, fully protected species, or species protected
by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)
of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(J) Land under conservation easement.
(10) The proposed subdivision conforms to all applicable objective requirements
of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except
as otherwise expressly provided in this section.
(11) The proposed subdivision complies with all applicable standards established
pursuant to Section 65852.28.
(12) Any parcels proposed to be created pursuant to this section will be served by
a public water system and a municipal sewer system.
(13) The proposed subdivision will not result in any existing dwelling unit being
alienable separate from the title to any other existing dwelling unit on the lot.
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(b) A housing development project on a proposed site to be subdivided pursuant
to this section is not required to comply with either of the following requirements:
(1) A minimum requirement on the size, width, depth, frontage, or dimensions of
an individual parcel created by the housing development project beyond the minimum
parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2) (A) The formation of a homeowners’ association, except as required by the
Davis-Stirling Common Interest DevelopmentAct (Part 5 (commencing with Section
4000) of Division 4 of the Civil Code).
(B) Subparagraph (A) shall not be construed to prohibit a local agency from
requiring a mechanism for the maintenance of common space within the subdivision,
including, but not limited to, a road maintenance agreement.
(c) A local agency shall approve or deny an application for a parcel map or a
tentative map for a housing development project submitted to a local agency pursuant
to this section within 60 days from the date the local agency receives a completed
application. If the local agency does not approve or deny a completed application
within 60 days, the application shall be deemed approved. If the local agency denies
the application, the local agency shall, within 60 days from the date the local agency
receives the completed application, return in writing a full set of comments to the
applicant with a list of items that are defective or deficient and a description of how
the applicant can remedy the application.
(d) Any housing development project constructed on the lot proposed to be
subdivided pursuant to this section shall comply with all applicable objective zoning
standards, objective subdivision standards, and objective design standards as
established by the local agency that are not inconsistent with this section and paragraph
(2) of subdivision (a) of Section 65852.28.
(e) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or
finance any parcel or parcels of real property resulting from a subdivision under this
section separately from any other such parcel or parcels, unless each parcel that is
sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all
applicable provisions of the California Building Standards Code that includes at least
one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not
developed with a residential structure that was completed in compliance with all
applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting
from a subdivision under this section” shall not include any designated remainder
parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has
been divided in violation of the provisions of this division and shall be subject to the
penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
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(2) A local agency may, by ordinance or map condition, authorize the sale, lease,
or finance of any parcel or parcels of real property resulting from a subdivision under
this section without compliance with the provisions of paragraph (1).
(f) A local agency may deny the issuance of a parcel map, a tentative map, or a
final map if it makes a written finding, based upon a preponderance of the evidence,
that the proposed housing development project would have a specific, adverse impact,
as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
(g) Notwithstanding Article 2 (commencing with Section 66314) or Article 3
(commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not
required to permit an accessory dwelling unit or a junior accessory dwelling unit on
parcels created through the exercise of the authority contained within this section. If
a local agency chooses to permit accessory dwelling units or junior accessory dwelling
units, the units shall not count as residential units for the purposes of paragraph (1)
of subdivision (a).
(h) (1) Notwithstanding Section 66411.7, a local agency is not required to permit
an urban lot split on a parcel created through the exercise of the authority contained
within this section.
(2) Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply
to a site that meets both of the following requirements:
(A) The site is located within a single-family residential horsekeeping zone
designated in a master plan, adopted before January 1, 1994, that regulates land zoned
single-family horsekeeping, commercial, commercial-recreational, and existing
industrial within the plan area.
(B) The applicable local government has an adopted housing element that is
compliant with applicable law.
(i) A local agency may adopt an ordinance to implement the provisions of this
section. An ordinance adopted to implement this section shall not be considered a
project under Division 13 (commencing with Section 21000) of the Public Resources
Code.
(Amended (as amended by Stats. 2024, Ch. 294, Sec. 3) by Stats. 2025, Ch. 22, Sec. 28. (AB 130)
Effective June 30, 2025.)
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CEM
CG
CL
CN
CP
CR
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
II
I
I
I
I
I I
I
OH
OH
OH
OH
OH
OH OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
OR
RM-12
RM-12
RM-12
RM-22
RM-8
RM-8RM-8
RS-1
RS-1
RS-1
RS-1RS-1RS-1 RS-1
RS-1
RS-1
RS-1
RS-1RS-1
RS-1
RS-2
RS-2
RS-2
RS-2 RS-2
RS-2
RS-2
RS-2
RS-2
RS-2
RS-2
RS-2
RS-3
RS-3
RS-3
RS-4
RS-4
RS-4
RS-4
RS-4
RS-4
RS-4
RS-4
RS-5
RS-5
RS-5
RS-5
RS-5RS-5
RS-A-5
RS-A-5
RS-A-5
RM-22
RS-5
RS-3
RS-3
RS-3RS-1
I
Official Rancho Palos Verdes Zoning Map
City of Rancho Palos Verdes
K
0 0.25 0.5 0.75 1
Miles
Legend
Coastal Setback Line
Zoning Classification
CEM, Cemetery
CG, Commercial - General
CL, Commercial - Limited
CN, Commercial Neighborhood
CP, Commercial Professional
CR, Commercial Recreational
I, Institutional
OH, Open Space - Hazard
OR, Open Space - Recreational
RM-12, Residential Multiple - >3600 Sq. Ft/Unit
RM-22, Residential Multiple - >2000 Sq. Ft/Unit
RM-6, Residential Multiple - >7300 Sq. Ft/Unit
RM-8, Residential Multiple - >5400 Sq. Ft/Unit
RS-1, Residential Single - Lot > 1 Acre
RS-2, Residential Single - Lot > 20,000 Sq. Ft
RS-3, Residential Single - Lot > 13,000 Sq. Ft
RS-4, Residential Single - Lot > 10,000 Sq. Ft
RS-5, Residential Single - Lot > 8,000 Sq. Ft
RS-A-5, Residential Single - Lot > 5 Acres
Zoning Overlay Districts
OC 1, Natural Design
OC 2, Socio-Cultural
OC 3, Urban Design
OC 3 OC 1
OC 4, Automotive
OC 5, Mira Vista
Equestrian Overlay District
Mixed Use Overlay District
Residential Overlay District
P
a
c
i
fi
c
Oce a n
Palos Verdes Estates Rolling Hills Estates
Rolling Hills
Torrance Lomita
San Pedro
This is to certify that this is the Official Zoning Map of the City of Rancho Palos Verdes, California.
City Clerk Date of Adoption
Ordinance 681
Attachment C
Page 1 of 1
June 18, 2024
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