CL_AGN_221115_PC_AgendaPacket_F1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
This is the appropriate time for the Chair or Commissioners to approve the agenda as is or reorder.
5.BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder items are additional back up material to administrative reports and/or public comments received after the
printing and distribution of the agenda packet for receive and file.
6.PUBLIC COMMENTS ON NON-AGENDA ITEMS
This section is intended to provide members of the public with the opportunity to comment on any subject that does not
appear on this agenda for action. Each speaker will be permitted to speak only once. Written requests, if any, will be
considered first under this section.
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular Planning Commission
Meeting
PLANNING COMMISSION
Tuesday, November 15, 2022
CITY OF ROLLING HILLS
6:30 PM
Executive Order N-29-20
This meeting is held pursuant to Executive Order N-29-20 issued by Governor Newsom on
March 17, 2020. All Planning Commissioners will participate by teleconference. Public
Participation: City Hall will be closed to the public until further notice.
A live audio of the Planning Commission meeting will be available on the City's website
(https://www.rolling-hills.org/PC%20Meeting%20Zoom%20Link.pdf).
The meeting agenda is also available on the City's website
(https://www.rolling-hills.org/government/agenda/index.php).
Join Zoom Meeting via https://us02web.zoom.us/j/99343882035?
pwd=MWZXaG9ISWdud3NpajYwY3dF bllFZz09
Meeting ID: 993 4388 2035 Passcode: 647943
Members of the public may submit comments in real time by emailing the City Clerk's office at
cityclerk@cityofrh.net. Your comments will become a part of the official meeting record. You
must provide your full name but do not provide any other personal information (i.e., phone
numbers, addresses, etc) that you do not want to be published.
1
7.CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the
Consent Calendar. The Chair or any Commissioner may request that any Consent Calendar item(s) be removed,
discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded
Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The
Chair will call on anyone wishing to address the Commission on any Consent Calendar item on the agenda, which has
not been pulled by Commission for discussion.
7.A.APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION
REGULAR MEETING OF NOVEMBER 15, 2022
RECOMMENDATION: Approve as presented.
7.B.CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS
DURING THE MONTH OF NOVEMBER, 2022 PURSUANT TO THE
REQUIREMENTS OF AB 361.
RECOMMENDATION: Approve as presented.
7.C.APPROVE THE MINUTES FOR THE OCTOBER 18, 2022, PLANNING
COMMISSION REGULAR MEETING
RECOMMENDATION: Approve as presented.
8.EXCLUDED CONSENT CALENDAR ITEMS
9.PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETING
10.NEW PUBLIC HEARINGS
10.A.RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTER 17.28 OF THE ROLLING HILLS MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM CEQA
RECOMMENDATION:
1. Open the public hearing, receive public testimony, close the public
hearing; and
2. Adopt Planning Commission Resolution No. 2022-20 (Attachment 1),
which:
a. Recommends that the City Council adopt the ADU Ordinance; and
b. Makes the requisite CEQA findings set forth therein.
11.OLD BUSINESS
12.NEW BUSINESS
CL_AGN_221115_PC_AffidavitofPosting.pdf
CL_MIN_221018_PC_FT_F.pdf
CL_MIN_221018_PC_F.pdf
Attachment 1 - CL_RES_221115_2022-20_PCResolution_ADU_Ordinance.pdf
Exhibit A - CL_ORD - 381_ADU Ordinance_D2.pdf
Attachment 2 - CL_AGN_PC_221115_REDLINE - ADU Code Amendments (SR
Attachment)-c1.pdf
2
12.A.UPCOMING PLANNING COMMISSION MEETINGS AND CONSIDERATION TO
GO BACK TO IN-PERSON MEETINGS
RECOMMENDATION: Discuss and provide direction.
13.SCHEDULE FIELD TRIPS
14.ITEMS FROM STAFF
15.ITEMS FROM THE PLANNING COMMISSION
16.ADJOURNMENT
Next meeting: Tuesday, December 20, 2022 at 6:30 p.m. in the City Council Chamber,
Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.
Planning Commission 2023 Calendar.pdf
Brown Act Updates_ Continued Remote Meetings & Removal of Disruptive Attendees - Best
Best & Krieger.pdf
Notice:
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in
this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the
meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for
your review of this agenda and attendance at this meeting.
Documents pertaining to an agenda item received after the posting of the agenda are available for review in
the City Clerk's office or at the meeting at which the item will be considered.
All of the above resolutions and zoning case items have been determined to be categorically exempt pursuant
to the California Environmental Quality Act (CEQA) Guidelines unless otherwise stated.
3
Agenda Item No.: 7.A
Mtg. Date: 11/15/2022
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING
COMMISSION REGULAR MEETING OF NOVEMBER 15, 2022
DATE:November 15, 2022
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_AGN_221115_PC_AffidavitofPosting.pdf
4
Administrative Report
7.A., File # 1539 Meeting Date: 11/15/2022
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.
Legislative Body Planning Commission
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274
City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php
https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php
Meeting Date & Time NOVEMBER 15, 2022 6:30pm
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was
posted at the date displayed below.
Christian Horvath, City Clerk
Date: November 10, 2022
5
Agenda Item No.: 7.B
Mtg. Date: 11/15/2022
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION
MEETINGS DURING THE MONTH OF NOVEMBER, 2022 PURSUANT
TO THE REQUIREMENTS OF AB 361.
DATE:November 15, 2022
BACKGROUND:
With the Governor ’s approval of AB 361, public agencies have been granted the continuing
ability to conduct virtual meetings during declared public health emergencies under specified
circumstances until January 1, 2024. Based on the requirements of AB 361, in order for the
City to hold virtual meetings, the Planning Commission needs to determine monthly that the
following conditions exist:
1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of
emergency with recommended measures to promote social distancing; and
2) Meeting in person during the proclaimed state of emergency would present imminent risks
to the health and safety of attendees.
The other requirements associated with continued virtual meetings are outlined in the text of
AB 361. The recommended action is for the Planning Commission to find that the following
conditions exist and that they necessitate remote Committee meetings for the coming month:
1) There continues to be a health and safety risk due to COVID-19 as a proclaimed state of
emergency with recommended measures to promote social distancing; and
2) Meeting in person during the proclaimed state of emergency would present imminent
risks to the health and safety of attendees. These findings will need to be made by the City
Council each month that the City opts to continue with remote meetings.
6
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
7
Agenda Item No.: 7.C
Mtg. Date: 11/15/2022
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:APPROVE THE MINUTES FOR THE OCTO BER 18, 2022, PLANNING
COMMISSION REGULAR MEETING
DATE:November 15, 2022
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve as presented.
ATTACHMENTS:
CL_MIN_221018_PC_FT_F.pdf
CL_MIN_221018_PC_F.pdf
8
MINUTES – PLANNING COMMISSION FIELD TRIP MEETING
Tuesday, October 18, 202 2
Page 1
Minutes
Rolling Hills Planning Commission
Tuesday, October 18, 2022
Field Trip Meeting 7:45 a.m.
21 Chuckwagon Road
1. CALL MEETING TO ORDER
The Planning Commission of the City of Rolling Hills met at 21 Chuckwagon Road on the above date at 7:45
a.m. Chair Brad Chelf presiding .
2. ROLL CALL
Commissioners Present: Cooley, Douglass, Vice Chair Kirkpatrick, Chair Chelf
Commissioners Absent: Cardenas
Staff Present: John Signo, Planning & Community Services Director
Stephanie Grant, Assistant Planner
Public Present: William Dilfer, Tannia Dilfer, James Aichele, Leah Mirsch,
Martha Bernadette, Faustino Bernadette, Larry (5 Chesterfield),
Cheryl Marcz, Mario Ramirez, Sam Maus
3. COMMENTS FROM THE PUBLIC ON ITEMS NOT ON THE AGENDA – NONE
4. FIELD TRIP
4.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION FIELD TRIP MEETING
OF OCTOBER 18, 2022
Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass to approve as is. Motion carried
unanimously with the following voice vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
Commissioner Cooley recused herself as a commissioner for Item 4.B due to proximity to the property but
participated as a resident.
4.B. ZONING CASE NO. 22-60: A REQUEST FOR THE APPROVAL OF A SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW 800 SQUARE -FOOT SWIMMING POOL/SPA AND FOR NON-
EXEMPT GRADING; AND A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A
797-SQUARE-FOOT POOL HOUSE LOCATED AT 21 CHUCKWAGON ROAD (MAUS) (LOT 4-
CF & LOT 7-CF)
Presentation by Stephanie Grant, Assistant Planner.
Sam Maus introduced himself as the homeowner.
Public Comment: Cheryl Marcz, Martha Bernadette, Faustino Bernadette, James Aichele, Mario Ramirez
5. ADJOURNMENT: 8:15 A.M.
9
MINUTES – PLANNING COMMISSION FIELD TRIP MEETING
Tuesday, October 18, 202 2
Page 2
The meeting was adjourned at 8:15 a.m. to the regular meeting of the Planning Commission scheduled to
be held on Tuesday, October 18, 2022 beginning at 6:30 p.m. via tele-conference.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
Brad Chelf, Chair
10
MINUTES – PLANNING COMMISSION MEETING
Tuesday, October 18, 202 2
Page 1
Minutes
Rolling Hills Planning Commission
Tuesday, October 18, 2022
Regular Meeting 6:30 p.m.
Via tele-conference
1. CALL MEETING TO ORDER
The Planning Commission of the City of Rolling Hills met via teleconference on the above date at 6:30 p.m.
Chair Brad Chelf presiding.
2. ROLL CALL
Commissioners Present: Cooley, Douglass, Vice Chair Kirkpatrick, Chair Chelf
Commissioners Absent: Cardenas
Staff Present: John Signo, Planning & Community Services Director
Stephanie Grant, Assistant Planner
Ryan Stager, Assistant City Attorney
Kathleen McGowan, Stormwater Consultant
3. PLEDGE OF ALLEGIANCE
John Signo, Planning & Community Services Director, led the Pledge.
4. APPROVE ORDER OF THE AGENDA
Motion by Commissioner Douglass, seconded by Vice Chair Kirkpatrick, to approve as is. Motion carried
unanimously with the following roll call vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
5. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Motion by Chair Chelf , seconded by Commissioner Douglass, to approve. Motion carried unanimously with
the following roll call vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
6. PUBLIC COMMENTS ON NON-AGENDA ITEMS – NONE
7. CONSENT CALENDAR
7.A. APPROVE AFFIDAVIT OF POSTING FOR THE PLANNING COMMISSION REGULAR MEETING
OF OCTOBER 18, 2022
11
MINUTES – PLANNING COMMISSION MEETING
Tuesday, October 18, 202 2
Page 2
7.B. CONTINUATION OF REMOTE CITY COUNCIL AND COMMISSION MEETINGS DURING THE
MONTH OF OCTOBER, 2022 PURSUANT TO THE REQUIREMENTS OF AB 361.
7.C. APPROVE THE MINUTES FOR THE SEPTEMBER 20, 2022, PLANNING COMMISSION
REGULAR MEETING
7.D. RECEIVE AND FILE THE CITY COUNCIL'S DIRECTION TO STAFF ON PLANNING
COMMISSION ITEMS
Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass, to approve all items on the Consent
Calendar. Motion carried unanimously with the following roll call vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
8. EXCLUDED CONSENT CALENDAR ITEMS – NONE
9. PUBLIC HEARINGS ON ITEMS CONTINUED FROM PREVIOUS MEETINGS – NONE
10. NEW PUBLIC HEARINGS
10.A. RECOMMEND TO THE CITY COUNCIL RE-ADOPTION OF THE SAFETY ELEMENT TO
INCORPORATE THE CITY'S LOCAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH
ASSEMBLY BILL 2140
Presentation by John Signo, Planning & Community Services Director.
Motion by Vice Chair Kirkpatrick, seconded by Commissioner Cooley, to adopt Resolution No. 2022-19 as
written. Motion carried unanimously with the following roll call vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
10.B. ZONING CASE NO. 22-60: A REQUEST FOR THE APPROVAL OF A SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A NEW 800 SQUARE -FOOT SWIMMING POOL/SPA AND FOR NON-
EXEMPT GRADING; AND A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 797-
SQUAREFOOT POOL HOUSE LOCATED AT 21 CHUCKWAGON ROAD (MAUS) (LOT 4-CF &
LOT 7-CF)
Commissioner Cooley recused herself on this item due to proximity to the property.
Presentation by Stephanie Grant, Assistant Planner.
Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass, to adopt Resolution No. 2022-17
with the following conditions: relocate portable toilets near Chesterfield Road to an area that does not impact
neighbors’ views; prohibit storage of sheds, bins, or temporary structures on the property near Chesterfield
Road that will impact neighbors’ views; prepare a landscape plan that screens the neighbors’ views of the
swimming pool and pool house; restore the existing pasture and corral to its natural state before the driveway
was installed; and eliminate the dirt excavated from the property instead of using it as fill to raise the pad.
Staff was instructed to amend the findings in the resolution to eliminate the non-exempt grading and add
12
MINUTES – PLANNING COMMISSION MEETING
Tuesday, October 18, 202 2
Page 3
conditions as directed so the item would not have to return to the Planning Commission. Motion carried
unanimously with the following roll call vote:
AYES: Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cooley, Cardenas
Commissioner Cooley rejoined the Commission.
11. OLD BUSINESS – NONE
12. NEW BUSINESS
12.A. REVISION OF ROLLING HILLS MUNICIPAL CODE CHAPTER 8.32 REGARDING STORM
WATER MANAGEMENT AND POLLUTION CONTROL
Kathleen McGowan, Stormwater Consultant
Motion by Vice Chair Kirkpatrick, seconded by Commissioner Douglass, to adopt Resolution No. 2022-18
as written. Motion carried unanimously with the following roll call vote:
AYES: Cooley, Douglass, Kirkpatrick, Chair Chelf
NOES: None
ABSENT: Cardenas
13. SCHEDULED FIELD TRIPS – NONE
14. ITEMS FROM STAFF
Discussion by John Signo, Planning & Community Services Director on the following:
A. Housing Element
B. PVPLC Preserve Tour
C. Report of Commission Action to Council
D. Chair/Vice Chair
E. Upcoming Meetings: November 15 and December 20
F. Staffing
15. ITEMS FROM THE PLANNING COMMISSION – NONE
16. ADJOURNMENT : 7:34 P.M.
The meeting was adjourned at 7:34 p.m. to a regular meeting of the Planning Commission scheduled to be
held on Tuesday, November 15, 2022 beginning at 6:30 p.m. via tele-conference.
Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
13
MINUTES – PLANNING COMMISSION MEETING
Tuesday, October 18, 202 2
Page 4
Approved,
____________________________________
Brad Chelf, Chair
14
Agenda Item No.: 10.A
Mtg. Date: 11/15/2022
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTER 17.28 OF THE ROLLING HILLS
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
DATE:November 15, 2022
BACKGROUND:
In recent years, the California Legislature has approved, and the Governor has signed into
law, a number of bills that impose limits on local authority to regulate accessory dwelling units
(“ADUs”) and junior accessory dwelling units (“JADUs”). These bills include Assembly Bills 68
and 881 and Senate Bill 13—which went into effect on January 1, 2020. The City Council
previously adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU
regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with this
legislation.
Following the bills noted above, in 2020 and 2021 the California Legislature approved, and the
Governor signed into law, Assembly Bill 3182 (“AB 3182”) and Assembly Bill 345 (“AB 345”),
respectively. Among other things, AB 3182 expanded the scenarios under which the City must
allow certain ADUs and JADUs with only a building permit. AB 345 required cities to allow the
separate sale or conveyance of certain ADUs that satisfy the conditions set forth in
Government Code section 65852.26. Such conditions include, among other things, that the
ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a
qualified low-income buyer. In August 2022, the City Council adopted Ordinance No. 376,
which further amended the City’s ADU and JADU regulations to comply with this legislation.
15
DISCUSSION:
In September 2022, the California Legislature approved, and the Governor signed into law, a
new bill (“SB 897”) that further amends state ADU law (i.e., Government Code sections
65852.2 and 65852.22).
Among other things, SB 897: 1
Requires the City to allow certain ADUs to be higher—up to 18 or 25 feet, depending the
situation;
Requires the City’s front setback requirement to yield for certain ADUs;
Requires the City to justify a denial with a full set of detailed comments describing the
deficiencies in the application and explaining how to remedy them;
Removes the automatic repeal in 2025 (now the ADU statute is permanent);
Prohibits the City from denying an application to create an ADU solely because
corrections are needed to address nonconforming zoning conditions, building code
violations, or unpermitted structures elsewhere on the lot that do not present a threat to
public health and safety and are not affected by the construction of the ADU; and
In instances where a JADU will share a bathroom with the primary dwelling, the City
must require the JADU to have an interior entry to the primary dwelling’s “main living
area,” independent of the exterior entrances of the JADU and primary dwelling.
As noted above, the City’s ADU and JADU regulations are codified in RHMC Chapter 17.28.
Included in Attachment 1 is an ordinance (“ADU Ordinance”) that amends Chapter 17.28 to
comply with SB 897. Included in Attachment 2 is a redline showing the ADU Ordinance’s
revisions to the City’s existing ADU and JADU regulations.
The code amendments provided in the ADU Ordinance are mandated by recent changes in
state law. Consequently, staffs’ recommendation is for the Planning Commission to consider
and recommend that the City Council adopt the ADU Ordinance.
ENVIRONMENTAL IMPACT
Under California Public Resources Code section 21080.17, the California Environmental
Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county
implementing the provisions of section 65852.2 of the Government Code, which is California’s
ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the
ADU Ordinance is statutorily exempt from CEQA in that the proposed ordinance implements
state’s ADU law.
__________________
1 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended
the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was
therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU
law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant.
16
FISCAL IMPACT:
The ordinance amendment brings the Municipal Code into compliance with State law which
protects the City from legal challenges.
RECOMMENDATION:
1. Open the public hearing, receive public testimony, close the public hearing; and
2. Adopt Planning Commission Resolution No. 2022-20 (Attachment 1), which:
a. Recommends that the City Council adopt the ADU Ordinance; and
b. Makes the requisite CEQA findings set forth therein.
ATTACHMENTS:
Attachment 1 - CL_RES_221115_2022-20_PCResolution_ADU_Ordinance.pdf
Exhibit A - CL_ORD - 381_ADU Ordinance_D2.pdf
Attachment 2 - CL_AGN_PC_221115_REDLINE - ADU Code Amendments (SR Attachment)-
c1.pdf
17
65277.00010\40817001.1
RESOLUTION NO. 2022-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER
17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by
ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”)
and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“2019 ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and
364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of
the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and
WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which
further amended the City’s ADU and JADU regulations to comply with state law, including
Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor
signed into law, Senate Bill 897 (“SB 897”); and
WHEREAS, SB 897 imposed further restrictions on local authority to regulate
ADUs and JADUs, including with respect to height limits, setbacks, application review and
denial procedures, unpermitted structures, and JADU configurations; and
WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU
regulations to comply with SB 897; and
WHEREAS, on November 15, 2022, the Planning Commission conducted a duly
noticed public hearing to consider the Ordinance, wherein it considered the staff report,
supporting documents, public testimony, and all appropriate information submitted with
the Ordinance.
18
65277.00010\40817001.1
Page 2 of 3
NOW, THEREFORE, the Planning Commission of the City of Rolling Hills does
hereby resolve, determine, find, and order as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are
incorporated herein as substantive findings of this Resolution.
Section 2. CEQA. Under California Public Resources Code section 21080.17,
the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the Planning Commission finds that adoption of
the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the state’s ADU law.
Section 3. General Plan. This Ordinance is, as a matter of law, consistent with
the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
Section 4. Recommendation. Based on the foregoing recitals and findings,
the Planning Commission hereby recommends that the City Council approve and adopt
the proposed ordinance and code amendments that are attached as Exhibit “A” hereto
and incorporated herein by reference.
Section 5. Certification. The Planning Commission Chair shall sign and the
Secretary shall attest to the adoption of this Resolution.
Section 6. Effective Date. This Resolution takes effect immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF NOVEMBER, 2022.
BRAD CHELF, CHAIRPERSON
ATTEST:
____________________________________
CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing
on this application must be filed within the time limits set forth in Section 17.54.070 of the
Rolling Hills Municipal Code and Civil Procedure Section 1094.6.
19
65277.00010\40817001.1
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2022-20 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER
17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
was approved and adopted at a regular meeting of the Planning Commission on
November 15, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices.
__________________________________
CHRISTIAN HORVATH, CITY CLERK
20
65277.00010\40820289.1
- 1 -
ORDINANCE NO. 381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.28 OF THE
ROLLING HILLS MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, state law authorizes cities to act by ordinance to provide for the
creation and regulation of accessory dwelling units (“ADUs”) and junior accessory
dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed
into law a number of bills (“2019 ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local authority
to regulate ADUs and JADUs; and
WHEREAS, in February 2020, the City Council adopted Ordinance Nos. 364U and
364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of
the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and
WHEREAS, in August 2022, the City Council adopted Ordinance No. 376, which
further amended the City’s ADU and JADU regulations to comply with state law, including
Assembly Bills 345 and 3182; and
WHEREAS, in September 2022, the Legislature approved, and the Governor
signed into law, Senate Bill 897 (“SB 897”); and
WHEREAS, SB 897 imposed further restrictions on local authority to regulate
ADUs and JADUs, including with respect to height limits, setbacks, application review and
denial procedures, unpermitted structures, and JADU configurations; and
WHEREAS, this ordinance (“Ordinance”) amends the City’s ADU and JADU
regulations to comply with SB 897; and
WHEREAS, on November 15, 2022, the Planning Commission conducted a duly
noticed public hearing to consider the Ordinance, wherein it considered the staff report,
supporting documents, public testimony, and all appropriate information submitted with
the Ordinance. Following the public hearing, the Planning Commission recommended
that the Council adopt the Ordinance; and
WHEREAS, on [insert], 2022, the City Council conducted a duly noticed public
hearing to Consider the Ordinance, wherein it considered the staff report and supporting
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documents, Planning Commission’s recommendation, public testimony, and all
appropriate information submitted with the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Rolling Hills does ordain as
follows:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated
by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17,
the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the Ordinance is statutorily exempt from CEQA
in that the proposed ordinance implements the State’s ADU law.
SECTION 3. General Plan. This Ordinance is, as a matter of law, consistent with
the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).
SECTION 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code
is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached
hereto and incorporated herein by reference.
SECTION 5. Submittal to HCD. The City Clerk shall submit a copy of this
Ordinance to the Department of Housing and Community Development within 60 days
after adoption.
SECTION 6. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid, such invalidity has no effect on the other
provisions or applications of the Ordinance that can be given effect without the invalid
provision or application, and to this extent, the provisions of this Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the
invalidity of any portion thereof.
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SECTION 7. Effective Date. This Ordinance takes effect 30 days following its
adoption.
SECTION 8. Certification. The City Clerk is hereby directed to certify to the
passage and adoption of this Ordinance; cause the same, or a summary thereof, to be
published or posted in the manner required by law.
PASSED, APPROVED and ADOPTED this __th day of __________, 20__.
____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk
APPROVED AS TO FORM:
________________________________
Michael Jenkins, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the
foregoing Ordinance No. 381 was adopted at a regular meeting of the City Council of the City of
Rolling Hills held on the __th day of _________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Christian Horvath
City Clerk
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EXHIBIT A
Amended ADU Regulations
(Follows this page)
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Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17.28.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and
junior accessory dwelling units (JADUs) in compliance with California Government Code
Sections 65852.2 and 65852.22.
17.28.020 Effect of conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the City's General Plan and Zoning designation for
the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
C. Considered in the application of any local ordinance, policy, or program to limit
residential growth.
D. Required to correct a nonconforming zoning condition, as defined in Section
17.28.030(G) below. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with Health and Safety Code Section
17980.12.
17.28.030 Definitions.
As used in this section, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health
and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health
and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or multifamily dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
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2. A food preparation counter and storage cabinets that are of a reasonable
size in relation to the size of the JADU.
E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies
all of the following:
1. It is no more than five hundred square feet in size.
2. It is contained entirely within an existing or proposed single-family dwelling.
An enclosed use within the residence, such as an attached garage, is
considered to be a part of and contained within the single-family dwelling.
3. It includes its own separate sanitation facilities or shares sanitation facilities
with the existing or proposed single-family dwelling.
4. If the unit does not include its own separate bathroom, then it contains an
interior entrance to the main living area of the existing or proposed single-
family dwelling in addition to an exterior entrance that is separate from the
main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in subsection (D) above.
F. "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
G. "Nonconforming zoning condition" means a physical improvement on a property
that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the ADU or JADU.
I. "Proposed dwelling" means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
J. "Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
K. "Tandem parking" means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
17.28.040 Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in Section 17.28.050 below, it is allowed with only a building permit
in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this subsection
(A)(1) and one JADU on a lot with a proposed or existing single-family
dwelling on it, where the ADU or JADU:
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(a) Is either: within the space of a proposed single-family dwelling; within
the existing space of an existing single-family dwelling; or (in the
case of an ADU only) within the existing space of an accessory
structure, plus up to one hundred fifty additional square feet if the
expansion is limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-family
dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.
2. Limited Detached on Single-family Lot: One detached, new construction
ADU on a lot with a proposed or existing single-family dwelling (in addition
to any JADU that might otherwise be established on the lot under
subsection (A)(1) above), if the detached ADU satisfies each of the following
limitations:
(a) The side- and rear-yard setbacks are at least four feet.
(b) The total floor area is eight hundred square feet or smaller.
(c) The peak height above grade does not exceed the applicable height
limit provided in section 17.28.050(B).
3. Converted on Multifamily Lot: One or more ADUs within portions of existing
multifamily dwelling structures that are not used as livable space, including
but not limited to storage rooms, boiler rooms, passageways, attics,
basements, or garages, if each converted ADU complies with state building
standards for dwellings. Under this subsection (A)(3), at least one converted
ADU is allowed within an existing multifamily dwelling, up to a quantity equal
to twenty-five percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on
a lot that has an existing or proposed multifamily dwelling if each detached
ADU satisfies both of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. If the existing
multifamily dwelling has a rear or side yard setback of less than four
feet, the City will not require any modification to the multifamily
dwelling as a condition of approving the ADU.
(b) The peak height above grade does not exceed the applicable height
limit provided in section 17.28.050(B).
B. ADU Permit.
1. Except as allowed under subsection (A) above, no ADU may be created
without a building permit and an ADU permit in compliance with the
standards set forth in Section 17.28.050 and Section 17.28.060.
2. The City may charge an application fee, adopted by resolution of the City
Council, to reimburse it for costs incurred in processing ADU permits.
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C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The City must approve or deny an application to create an ADU or JADU
within sixty days from the date that the City receives a completed
application. If the City has not approved or denied the completed application
within sixty days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty-day time
period is tolled for the period of the requested delay, or
(b) When an application to create an ADU or JADU is submitted with a
permit application to create a new single-family or multifamily
dwelling on the lot, the City may delay acting on the permit
application for the ADU or JADU until the City acts on the permit
application to create the new single-family or multifamily dwelling, but
the application to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City must
provide the applicant with comments that include, among other things, a
list of all the defective or deficient items and a description of how the
application may be remedied by the applicant. Notice of the denial and
corresponding comments must be provided to the applicant within the sixty
day time period established by subsection (C.2) above.
4. A demolition permit for a detached garage that is to be replaced with an
ADU is reviewed with the application for the ADU and issued at the same
time.
17.28.050 General ADU and JADU requirements.
The following requirements apply to all ADUs and JADUs that are approved under Section
17.28.040(A) or (B):
A. Zoning.
1. An ADU or JADU subject only to a building permit under Section
17.28.040(A) may be created on a lot in a residential or mixed-use zone.
2. An ADU or JADU subject to an ADU permit under Section 17.28.040(B) may
be created on a lot that is zoned to allow single-family dwelling residential
use or multifamily dwelling residential use.
B. Height.
1. Except as otherwise provided by subsections (B.2) and (B.3) below, a
detached ADU created on a lot with an existing or proposed single family or
multifamily dwelling unit may not exceed sixteen feet in height.
2. A detached ADU may be up to eighteen feet in height if it is created on a lot
with an existing or proposed single family or multifamily dwelling unit that is
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located within one-half mile walking distance of a major transit stop or a high
quality transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, and the ADU may be up to two additional feet in
height (for a maximum of twenty feet) if necessary to accommodate a roof
pitch on the ADU that is aligned with the roof pitch of the primary dwelling
unit.
3. A detached ADU created on a lot with an existing or proposed multifamily
dwelling that has more than one story above grade may not exceed
eighteen feet in height.
4. An ADU that is attached to the primary dwelling may not exceed twenty five
feet in height or the height limitation imposed by the underlying zone that
applies to the primary dwelling, whichever is lower.
5. For purposes of this subsection (B), height is measured above existing legal
grade to the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
2. The construction of an ADU does not trigger a requirement for fire sprinklers
to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty
days. This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as
otherwise provided in Government Code Section 65852.26, no ADU or JADU may
be sold or otherwise conveyed separately from the lot and the primary dwelling (in
the case of a single-family lot) or from the lot and all of the dwellings (in the case
of a multifamily lot).
F. Owner Occupancy.
1. An ADU that is permitted after January 1, 2020, but before January 1, 2025,
is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are permitted on or
after January 1, 2025, are subject to an owner-occupancy requirement. A
natural person with legal or equitable title to the property must reside on the
property as the person's legal domicile and permanent residence.
3. As required by state law, all JADUs are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the property
must reside on the property, in either the primary dwelling or JADU, as the
person's legal domicile and permanent residence. However, the owner-
occupancy requirement of this paragraph does not apply if the property is
entirely owned by another governmental agency, land trust, or housing
organization.
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G. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a
deed restriction must be recorded against the title of the property in the County
Recorder's office and a copy filed with the Director. The deed restriction must run
with the land and bind all future owners. The form of the deed restriction will be
provided by the City and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the
ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes
allowed by this chapter.
3. The deed restriction runs with the land and may be enforced against future
property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or
JADU, as evidenced by, for example, removal of the kitchen facilities. To
remove the deed restriction, an owner may make a written request of the
Director, providing evidence that the ADU or JADU has in fact been
eliminated. The Director may then determine whether the evidence
supports the claim that the ADU or JADU has been eliminated. Appeal may
be taken from the Director's determination consistent with other provisions
of this Code. If the ADU or JADU is not entirely physically removed, but is
only eliminated by virtue of having a necessary component of an ADU or
JADU removed, the remaining structure and improvements must otherwise
comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the Director or his or her designee
for the benefit of the City. Failure of the property owner to comply with the
deed restriction may result in legal action against the property owner, and
the City is authorized to obtain any remedy available to it at law or equity,
including, but not limited to, obtaining an injunction enjoining the use of the
ADU or JADU in violation of the recorded restrictions or abatement of the
illegal unit.
H. Building and Safety.
1. Must comply with building code. Subject to subsection (H)(2) below, all
ADUs and JADUs must comply with all local building code requirements.
2. No change in occupancy. Construction of an ADU does not constitute a
Group R occupancy change under the local building code, as described in
Section 310 of the California Building Code, unless the building official or
Code Enforcement Division officer makes a written finding based on
substantial evidence in the record that the construction of the ADU could
have a specific, adverse impact on public health and safety. Nothing in this
subsection (H)(2) prevents the City from changing the occupancy code of a
space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential use in
accordance with this section.
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17.28.060 Specific ADU requirements.
The following requirements apply only to ADUs that require an ADU permit under Section
17.28.040(B).
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this Section
17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit
and one thousand square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling
is further limited to fifty percent of the floor area of the existing primary
dwelling, subject to subsection (A)(3) below.
3. Application of other development standards in this Section 17.28.060, such
as FAR or lot coverage, might further limit the size of the ADU, but no
application of the percentage-based size limit in subsection (A)(2) above, or
of an FAR, lot coverage limit or open-space requirement may require the
ADU to be smaller than eight hundred square feet.
B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the
total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3)
above.
C. Setbacks.
1. Front Yard.
(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to
this Section 17.28.060 may be located within thirty feet of the front
property line.
(b) If the front yard setback is the only location on the lot where an ADU
may be lawfully constructed, then the ADU may encroach into the
required front yard setback as necessary to enable the construction
of an eight hundred square foot unit.
2. No part of any ADU subject to this Section 17.28.060 may be located within
four feet of a side or rear property line.
D. Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot
coverage of the lot to exceed fifty percent, subject to Section 17.28.060(A)(3)
above.
E. Minimum Open Space. No ADU subject to this Section 17.28.060 may cause the
total percentage of open space of the lot to fall below fifty percent, subject to
subsection Section 17.28.060(A)(3) above.
F. Passageway. No passageway, as defined by Section 17.28.030(H) above, is
required for an ADU.
G. Parking.
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1. Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem parking, as
defined by Section 17.28.030(K) above.
2. Exceptions. No parking under Section 17.28.060(G.1) is required in the
following situations:
(a) The ADU is located within one-half mile walking distance of public
transit, as defined in subsection Section 17.28.030(J) above.
(b) The ADU is located within an architecturally and historically
significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an
accessory structure under Section 17.28.040(A)(1) above.
(d) When on-street parking permits are required but not offered to the
occupant of the ADU.
(e) When there is an established car share vehicle stop located within
one block of the ADU.
(f) When the permit application to create an ADU is submitted with an
application to create a new single-family or new multifamily dwelling
on the same lot, provided that the ADU or the lot satisfies any other
criteria in subsections (G.2(a) through (G.2(e) above.
3. No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted to
an ADU, those off-street parking spaces are not required to be replaced.
H. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors
must match the appearance and architectural design of those of the primary
dwelling.
2. 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.
3. The exterior lighting must be limited to down-lights or as otherwise required
by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that of
the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least ten feet wide
in every direction, with a minimum interior wall height of seven feet.
6. Fencing, landscaping or privacy glass may be used to provide screening
and prevent a direct line of sight to contiguous residential property.
7. The architectural treatment of an ADU to be constructed on a lot that has
an identified historical resource listed on the California Register of Historic
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Resources must comply with all applicable ministerial requirements
imposed by the Secretary of Interior.
I. Landscape Requirements.
1. Evergreen landscape screening must be planted and maintained between
the ADU and adjacent parcels as follows:
(a) At least one, fifteen-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one, twenty-four-inch
box size plant shall be provided for every ten linear feet of exterior
wall.
(b) Plant specimens for screening must be at least eight feet tall when
installed. As an alternative, a solid fence of at least eight feet in
height may be installed.
2. All landscaping must be drought-tolerant.
3. All landscaping must be from the City's approved plant list.
J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is
on or within six hundred feet of real property that is listed in the California Register
of Historic Resources must be located so as to not be visible from any public right-
of-way.
17.28.070 Fees.
The following requirements apply to all ADUs and JADUs that are approved under Section
17.28.040(A) or Section 17.28.040(B).
A. Impact Fees.
1. No impact fee is required for an ADU that is less than seven hundred fifty
square feet in size. For purposes of this Section 17.28.070, "impact fee"
means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not
include any connection fee or capacity charge for water or sewer service.
2. Any impact fee that is required for an ADU that is seven hundred fifty square
feet or larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of the ADU
divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility
connection directly between the ADU and the utility and payment of the
normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a
single-family lot that are created under Section 17.28.040(A)(1) above are
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not required to have a new or separate utility connection directly between
the ADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by
Section 17.28.070(B)(2) above require a new, separate utility connection
directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge that
is proportionate to the burden created by the ADU based on either
the floor area or the number of drainage-fixture units (DFU) values,
as defined by the Uniform Plumbing Code, upon the water or sewer
system.
(b) The portion of the fee or charge that is charged by the City may not
exceed the reasonable cost of providing this service.
17.28.080 Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted structure
on the lot that does not present a threat to the public health and safety and that is
not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. Permit to Legalize. As required by state law, the City may not deny a permit
to legalize an existing but unpermitted ADU that was constructed before
January 1, 2018, if denial is based on either of the following grounds:
(a) The ADU violates applicable building standards; or
(b) The ADU does not comply with state ADU law (Government Code
Section 65852.2) or this ADU ordinance (Chapter 17.28).
2. Exceptions.
(a) Notwithstanding subsection (B.1) above, the City may deny a permit
to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if the City makes a finding that correcting a
violation is necessary to protect the health and safety of the public or
of occupants of the structure.
(b) Subsection (B.1) above does not apply to a building that is deemed
to be substandard in accordance with California Health and Safety
Code section 17920.3.
17.28.090 Nonconforming ADUs and discretionary approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth
in Section 17.28.010 through Section 17.28.080 of this chapter may be allowed by the
City with a conditional use permit, in accordance with the other provisions of this title.
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Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17.28.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and
junior accessory dwelling units (JADUs) in compliance with California Government Code
Sections 65852.2 and 65852.22.
17.28.020 Effect of conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the City's General Plan and Zoning designation for
the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
C. Considered in the application of any local ordinance, policy, or program to limit
residential growth.
D. Required to correct a nonconforming zoning condition, as defined in Section
17.28.030(G) below. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with Health and Safety Code Section
17980.12.
17.28.030 Definitions.
As used in this section, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by Section 17958.1 of the California Health
and Safety Code; and
2. A manufactured home, as defined by Section 18007 of the California Health
and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot.
C. "Complete independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or multifamily dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
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2. A food preparation counter and storage cabinets that are of a reasonable
size in relation to the size of the JADU.
E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies
all of the following:
1. IsIt is no more than five hundred square feet in size,.
2. IsIt is contained entirely within an existing or proposed single-family
dwelling,. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single-family
dwelling.
3. IncludesIt includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family dwelling, and.
4. If the unit does not include its own separate bathroom, then it contains an
interior entrance to the main living area of the existing or proposed single-
family dwelling in addition to an exterior entrance that is separate from the
main entrance to the primary dwelling.
5. 4. IncludesIt includes an efficiency kitchen, as defined in subsection (D)
above.
F. "Living area" means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
G. "Nonconforming zoning condition" means a physical improvement on a property
that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the ADU or JADU.
I. "Proposed dwelling" means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
J. "Public transit" means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
K. "Tandem parking" means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
17.28.040 Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in Section 17.28.050 below, it is allowed with only a building permit
in the following scenarios:
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1. Converted on Single-family Lot: One ADU as described in this subsection
(A)(1) and one JADU on a lot with a proposed or existing single-family
dwelling on it, where the ADU or JADU:
(a) Is either: within the space of a proposed single-family dwelling; within
the existing space of an existing single-family dwelling; or (in the
case of an ADU only) within the existing space of an accessory
structure, plus up to one hundred fifty additional square feet if the
expansion is limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-family
dwelling; and
(c) Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.
2. Limited Detached on Single-family Lot: One detached, new construction
ADU on a lot with a proposed or existing single-family dwelling (in addition
to any JADU that might otherwise be established on the lot under
subsection (A)(1) above), if the detached ADU satisfies each of the following
limitations:
(a) The side- and rear-yard setbacks are at least four feet.
(b) The total floor area is eight hundred square feet or smaller.
(c) The peak height above grade is sixteen feet or lessdoes not exceed
the applicable height limit provided in section 17.28.050(B).
3. Converted on Multifamily Lot: One or more ADUs within portions of existing
multifamily dwelling structures that are not used as livable space, including
but not limited to storage rooms, boiler rooms, passageways, attics,
basements, or garages, if each converted ADU complies with state building
standards for dwellings. Under this subsection (A)(3), at least one converted
ADU is allowed within an existing multifamily dwelling, up to a quantity equal
to twenty-five percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on
a lot that has an existing or proposed multifamily dwelling if each detached
ADU satisfies both of the following limitations:
(a) The side- and rear-yard setbacks are at least four feet. If the existing
multifamily dwelling has a rear or side yard setback of less than four
feet, the City will not require any modification to the multifamily
dwelling as a condition of approving the ADU.
(b) The peak height above grade is sixteen feet or lessdoes not exceed
the applicable height limit provided in section 17.28.050(B).
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B. ADU Permit.
1. Except as allowed under subsection (A) above, no ADU may be created
without a building permit and an ADU permit in compliance with the
standards set forth in Section 17.28.050 and Section 17.28.060.
2. The City may charge an application fee, adopted by resolution of the City
Council, to reimburse it for costs incurred in processing ADU permits.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The City must act onapprove or deny an application to create an ADU or
JADU within sixty days from the date that the City receives a completed
application. If the City doeshas not act uponapproved or denied the
completed application within sixty days, the application is deemed approved
unless either:
(a) The applicant requests a delay, in which case the sixty-day time
period is tolled for the period of the requested delay, or
(b) When an application to create an ADU or JADU is submitted with a
permit application to create a new single-family or multifamily
dwelling on the lot, the City may delay acting on the permit
application for the ADU or JADU until the City acts on the permit
application to create the new single-family or multifamily dwelling, but
the application to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
3. If the City denies an application to create an ADU or JADU, the City must
provide the applicant with comments that include, among other things, a
list of all the defective or deficient items and a description of how the
application may be remedied by the applicant. Notice of the denial and
corresponding comments must be provided to the applicant within the sixty
day time period established by subsection (C.2) above.
4. A demolition permit for a detached garage that is to be replaced with an
ADU is reviewed with the application for the ADU and issued at the same
time.
17.28.050 General ADU and JADU requirements.
The following requirements apply to all ADUs and JADUs that are approved under
Section 17.28.040(A) or (B):
A. Zoning.
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1. An ADU or JADU subject only to a building permit under Section
17.28.040(A) may be created on a lot in a residential or mixed-use zone.
2. An ADU or JADU subject to an ADU permit under Section 17.28.040(B) may
be created on a lot that is zoned to allow single-family dwelling residential
use or multifamily dwelling residential use.
B. Height.
1. Except as otherwise provided by subsections (B.2) and (B.3) below, a
detached ADU created on a lot with an existing or proposed single family or
multifamily dwelling unit may not exceed sixteen feet in height.
2. A detached ADU may be up to eighteen feet in height if it is created on a lot
with an existing or proposed single family or multifamily dwelling unit that is
located within one-half mile walking distance of a major transit stop or a high
quality transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code, and the ADU may be up to two additional feet in
height (for a maximum of twenty feet) if necessary to accommodate a roof
pitch on the ADU that is aligned with the roof pitch of the primary dwelling
unit.
3. A detached ADU created on a lot with an existing or proposed multifamily
dwelling that has more than one story above grade may not exceed
eighteen feet in height.
4. An ADU that is attached to the primary dwelling may not exceed twenty
five feet in height or the height limitation imposed by the underlying zone
that applies to the primary dwelling, whichever is lower.
5. For purposes of this subsection (B), height is measured above existing
legal grade to the peak of the structure.
B. C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
2. The construction of an ADU does not trigger a requirement for fire sprinklers
to be installed in the existing primary dwelling.
C. D. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty
days. This prohibition applies regardless of when the ADU or JADU was created.
E. D. No Separate Conveyance. An ADU or JADU may be rented, but, except as
otherwise provided in Government Code Section 65852.26, no ADU or JADU may
be sold or otherwise conveyed separately from the lot and the primary dwelling (in
the case of a single-family lot) or from the lot and all of the dwellings (in the case
of a multifamily lot).
F. E. Owner Occupancy.
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1. All ADUs permitted before January 1, 2020, are subject to the owner-occupancy
requirement that was in place when the ADU was created.
1. 2. An ADU that is permitted after that dateJanuary 1, 2020, but before
January 1, 2025, is not subject to any owner-occupancy requirement.
2. 3. AllUnless applicable law requires otherwise, all ADUs that are permitted
on or after January 1, 2025, are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the property
must reside on the property as the person's legal domicile and permanent
residence.
3. 4. AllAs required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable title to the
property must reside on the property, in either the primary dwelling or
JADU, as the person's legal domicile and permanent residence. However,
the owner-occupancy requirement of this paragraph does not apply if the
property is entirely owned by another governmental agency, land trust, or
housing organization.
G. F. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a
deed restriction must be recorded against the title of the property in the County
Recorder's office and a copy filed with the Director. The deed restriction must run
with the land and bind all future owners. The form of the deed restriction will be
provided by the City and must provide that:
1. Except as otherwise provided in Government Code Section 65852.26, the
ADU or JADU may not be sold separately from the primary dwelling.
2. The ADU or JADU is restricted to the approved size and to other attributes
allowed by this sectionchapter.
3. The deed restriction runs with the land and may be enforced against future
property owners.
4. The deed restriction may be removed if the owner eliminates the ADU or
JADU, as evidenced by, for example, removal of the kitchen facilities. To
remove the deed restriction, an owner may make a written request of the
Director, providing evidence that the ADU or JADU has in fact been
eliminated. The Director may then determine whether the evidence
supports the claim that the ADU or JADU has been eliminated. Appeal may
be taken from the Director's determination consistent with other provisions
of this Code. If the ADU or JADU is not entirely physically removed, but is
only eliminated by virtue of having a necessary component of an ADU or
JADU removed, the remaining structure and improvements must otherwise
comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the Director or his or her designee
for the benefit of the City. Failure of the property owner to comply with the
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deed restriction may result in legal action against the property owner, and
the City is authorized to obtain any remedy available to it at law or equity,
including, but not limited to, obtaining an injunction enjoining the use of the
ADU or JADU in violation of the recorded restrictions or abatement of the
illegal unit.
H. G. Building and Safety. All
1. Must comply with building code. Subject to subsection (H)(2) below, all
ADUs and JADUs must comply with all local building code requirements.
2. No change in occupancy. Construction of an ADU does not constitute a
Group R occupancy change under the local building code, as described in
Section 310 of the California Building Code, unless the building official or
Code Enforcement Division officer makes a written finding based on
substantial evidence in the record that the construction of the ADU could
have a specific, adverse impact on public health and safety. Nothing in this
subsection (H)(2) prevents the City from changing the occupancy code of a
space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential use in
accordance with this section.
17.28.060 Specific ADU requirements.
The following requirements apply only to ADUs that require an ADU permit under Section
17.28.040(B).
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this Section
17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit
and one thousand square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling
is further limited to fifty percent of the floor area of the existing primary
dwelling, subject to subsection (A)(3) below.
3. Application of other development standards in this Section 17.28.060, such
as FAR or lot coverage, might further limit the size of the ADU, but no
application of the percentage-based size limit in subsection (A)(2) above, or
of an FAR, lot coverage limit or open-space requirement may require the
ADU to be smaller than eight hundred square feet.
B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the
total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3)
above.
C. Setbacks.
1. Front Yard.
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(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to
this Section 17.28.060 may be located within thirty feet of the front
property line.
(b) If the front yard setback is the only location on the lot where an ADU
may be lawfully constructed, then the ADU may encroach into the
required front yard setback as necessary to enable the construction
of an eight hundred square foot unit that is no greater than sixteen
feet in height.
2. No part of any ADU subject to this Section 17.28.060 may be located within
four feet of a side or rear property line.
D. Lot Coverage. No ADU subject to this Section 17.28.060 may cause the total lot
coverage of the lot to exceed fifty percent, subject to Section 17.28.060(A)(3)
above.
E. Minimum Open Space. No ADU subject to this Section 17.28.060 may cause the
total percentage of open space of the lot to fall below fifty percent, subject to
subsection Section 17.28.060(A)(3) above.
F. Height. No ADU subject to this Section 17.28.060 may exceed sixteen feet in
height above grade, measured to the peak of the structure.
F. G. Passageway. No passageway, as defined by Section 17.28.030(H) above, is
required for an ADU.
G. H. Parking.
1. Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem parking, as
defined by Section 17.28.030(K) above.
2. Exceptions. No parking under Section 17.28.060(H)(1G.1) is required in the
following situations:
(a) The ADU is located within one-half mile walking distance of public
transit, as defined in subsection Section 17.28.030(J) above.
(b) The ADU is located within an architecturally and historically
significant historic district.
(c) The ADU is part of the proposed or existing primary residence or an
accessory structure under Section 17.28.040(A)(1) above.
(d) When on-street parking permits are required but not offered to the
occupant of the ADU.
(e) When there is an established car share vehicle stop located within
one block of the ADU.
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(f) When the permit application to create an ADU is submitted with an
application to create a new single-family or new multifamily dwelling
on the same lot, provided that the ADU or the lot satisfies any other
criteria in subsections (G.2(a) through (G.2(e) above.
3. No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted to
an ADU, those off-street parking spaces are not required to be replaced.
H. I. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors
must match the appearance and architectural design of those of the primary
dwelling.
2. 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.
3. The exterior lighting must be limited to down-lights or as otherwise required
by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that of
the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least ten feet wide
in every direction, with a minimum interior wall height of seven feet.
6. Fencing, landscaping or privacy glass may be used to provide screening
and prevent a direct line of sight to contiguous residential property.
7. The architectural treatment of an ADU to be constructed on a lot that has
an identified historical resource listed on the California Register of Historic
Resources must comply with all applicable ministerial requirements
imposed by the Secretary of Interior.
I. J. Landscape Requirements.
1. Evergreen landscape screening must be planted and maintained between
the ADU and adjacent parcels as follows:
(a) At least one, fifteen-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one, twenty-four-inch
box size plant shall be provided for every ten linear feet of exterior
wall.
(b) Plant specimens for screening must be at least eight feet tall when
installed. As an alternative, a solid fence of at least eight feet in
height may be installed.
2. All landscaping must be drought-tolerant.
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3. All landscaping must be from the City's approved plant list.
K. J. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is
on or within six hundred feet of real property that is listed in the California Register
of Historic Resources is subject to all the objective standards imposed by the
Secretary of Interior. must be located so as to not be visible from any public right-
of-way.
17.28.070 Fees.
The following requirements apply to all ADUs and JADUs that are approved under
Section 17.28.040(A) or Section 17.28.040(B).
A. Impact Fees.
1. No impact fee is required for an ADU that is less than seven hundred fifty
square feet in size. For purposes of this Section 17.28.070, "impact fee"
means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does
not include any connection fee or capacity charge for water or sewer
service.
2. Any impact fee that is required for an ADU that is seven hundred fifty
square feet or larger in size must be charged proportionately in relation to
the square footage of the primary dwelling unit. (E.g., the floor area of the
ADU divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)
B. Utility Fees.
1. If an ADU is constructed with a new single-family home, a separate utility
connection directly between the ADU and the utility and payment of the
normal connection fee and capacity charge for a new dwelling are
required.
2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a
single-family lot that are created under Section 17.28.040(A)(1) above are
not required to have a new or separate utility connection directly between
the ADU and the utility. Nor is a connection fee or capacity charge
required.
3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by
Section 17.28.070(B)(2) above require a new, separate utility connection
directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU based on
either the floor area or the number of drainage-fixture units (DFU)
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values, as defined by the Uniform Plumbing Code, upon the water
or sewer system.
(b) The portion of the fee or charge that is charged by the City may not
exceed the reasonable cost of providing this service.
17.28.080 Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted structure
on the lot that does not present a threat to the public health and safety and that is
not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018.
1. Permit to Legalize. As required by state law, the City may not deny a
permit to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if denial is based on either of the following
grounds:
(a) The ADU violates applicable building standards; or
(b) The ADU does not comply with state ADU law (Government Code
Section 65852.2) or this ADU ordinance (Chapter 17.28).
2. Exceptions.
(a) Notwithstanding subsection (B.1) above, the City may deny a permit
to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if the City makes a finding that correcting a
violation is necessary to protect the health and safety of the public or
of occupants of the structure.
(b) Subsection (B.1) above does not apply to a building that is deemed
to be substandard in accordance with California Health and Safety
Code section 17920.3.
17.28.08017.28.090 Nonconforming ADUs and discretionary approval.
Any proposed ADU or JADU that does not conform to the objective standards set forth in
Section 17.28.010 through Section 17.28.07017.28.080 of this chapter may be allowed
by the City with a conditional use permit, in accordance with the other provisions of this
title.
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47
Agenda Item No.: 12.A
Mtg. Date: 11/15/2022
TO:HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM:JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES
THRU:ELAINE JENG P.E., CITY MANAGER
SUBJECT:UPCOMING PLANNING COMMISSION MEETINGS AND
CONSIDERATION TO GO BACK TO IN-PERSON MEETINGS
DATE:November 15, 2022
BACKGROUND:
The Planning Commission meets at 6:30 p.m. on the third Tuesday of the month. The next
regularly scheduled meeting is on Tuesday, December 20, 2022 .
The schedule for 2023 is as follows:
1. January 17
2. February 21
3. March 21
4. April 18
5. May 16
6. June 20
7. July 18
8. August 15
9. September 19
10. October 17
11. November 21
12. December 19
Laws Regarding Remote Meetings
On September 16, 2021, AB 361 was signed into law to streamline the requirements for
teleconference/virtual meetings under the Brown Act during times of local emergency. Before
AB 361, the Brown Act’s teleconference rules required posting each teleconference location
and making each location open to the public, which proved ineffective during a global
pandemic. Public agencies and the general public have been doing virtual meetings for the
past two years due to the pandemic, and many continue to support remote meetings beyond
AB 361’s sunset date of Jan. 1, 2024.
48
On September 13, 2022, AB 2449 was signed into law to provide agencies with the ability to
hold remote meetings without having to give the public access to private locations, subject to
certain restrictions. SB 1100 followed shortly afterwards to give public agencies the option to
remove disruptive meeting attendees after issuing a warning. Both new laws will take effect at
the beginning of 2023.
On October 17, 2022, Governor Newsom announced that the State of Emergency brought on
by pandemic will end on February 28, 2023.
DISCUSSION:
Staff anticipates development projects that should be ready for the December meeting.
However, since December 20, 2022, is during the holiday season, staff is concerned that
commissioners may be out of town and unavailable. The Planning Commission should
consider if it will have a quorum on December 20. If not, an alternate date would be Tuesday,
December 6. The following Tuesday, December 13, is not an option because the City Council
already moved their meeting to that date to accommodate the Holiday Open House occurring
on Monday, December 12.
Continuation of Remote Meetings
The various laws that have passed recently and the Governor's announcement that the State
of Emergency will end on February 28, 2023, have created various opinions on the
continuation of remote meetings. The Planning Commission could continue with remote
meetings until January 1, 2024, under AB 361 if appropriate findings are made . As laws
change and court cases are decided, staff and the City Attorney's office will keep the
Commission informed.
FISCAL IMPACT:
None.
RECOMMENDATION:
Discuss and provide direction.
ATTACHMENTS:
Planning Commission 2023 Calendar.pdf
Brown Act Updates_ Continued Remote Meetings & Removal of Disruptive Attendees - Best
Best & Krieger.pdf
49
City of Rolling Hills
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
2023 PLANNING COMMISSION MEETING SCHEDULE
PLANNING COMMISSION MEETS THE THIRD TUESDAY OF EACH MONTH
AT 7:30 AM (FIELD TRIP) AND 6:30 PM (MEETING) UNLESS NOTED OTHERWISE
MEETING DATE FILING DEADLINE
(FOR COMPLETE APPLICATION)
January 17 December 6, 2022
February 21 January 10, 2023
March 15 February 1
April 18 March 7
May 16 April 4
June 20 May 9
July 18 June 6
August 15 July 4
September 19 August 8
October 17 September 5
November 21 October 10
December 19 November 7
January 16, 2023 December 5
7 sets of folded plans must be delivered to City Hall no later than Monday the week prior to the Planning
Commission date. Please verify what development plans are to be submitted prior to printing plan sets.
Additional sets will be required before City Council meeting.
It is highly recommended that prior to filing an application the applicant meet with City Planner to discuss
the submittal packet and have staff briefly look at the request, development plans, application forms,
environmental issues and address any questions specific to the project.
A COMPLETE APPLICATION, INCLUDING OWNERS SIGNATURES, MAILING LABELS, PLANS,
APPLICATION FEE, AND ALL PERTINENT INFORMATION MUST BE SUBMITTED NO LATER THAN
THE FILING DEADLINE. FAILURE TO SUBMIT THE ABOVE MENTIONED AND/OR FOLDED PLAN
SETS ON TIME MAY RESULT IN THE PROPOSAL BEING DELAYED.
50
L E G A L A L E RT S O C T 0 3 , 2 0 2 2
Brown Act Updates: Continued Remote
Meetings & Removal of Disruptive Attendees
Takeaways From New Laws AB 2449 and SB 1100
A new bill signed into law in September, AB 2449, provides agencies with long-term permissions to
hold remote meetings without having to give the public access to private locations, subject to
certain restrictions. A second bill signed into law last month, SB 1100, will provide public agencies the
option to remove disruptive meeting attendees after issuing a warning. Both new laws will take
effect at the beginning of 2023.
In response to the pandemic, the California Leg islature previously passed AB 361 to streamline the
requirements for teleconference/virtual meetings under the Brown Act during times of local
emergency. Before AB 361, the Brown Act’s teleconference rules required posting each
teleconference location and making each location open to the public, which proved ineffective
during a global pandemic. Over the past two years, public agencies and the general public have
become more comfortable with meeting virtually, and many public bodies lobbied to get leg islation
passed that would extend the remote meeting protections past AB 361’s sunset date of Jan. 1, 2024.
AB 2449 aims to do just that. Crucially, AB 361 still remains effective until Jan. 1, 2024, and local
agencies may continue to make or renew remote meeting ndings under that law as appropriate.
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AB 2449 – Limited Teleconferencing in Speci ed Scenarios
AB 2449 reiterates the standard Brown Act teleconference rules, re-codi es the rules set out in AB
361 for times of declared emergency, and also provides for relaxed teleconferencing rules when a
member of the legislative body needs to attend remotely for an emergency, or other reasons
supported by “just cause.”
Newly Added Teleconference Rules Available Jan. 1, 2023
Under the new teleconference rules, a legislative body may hold a “hybrid” (partial teleconference,
partial in-person) meeting without having to comply with certain procedural requirements (post
agendas at teleconference locations, identify teleconference locations in the agenda, make all
teleconference locations open to the public) in the following limited circumstances:
One or more members of the legislative body (but less than a quorum) have “just cause” for not
attending the meeting in person (childcare or family caregiving need, contagious illness, physical
or mental disability need, or travel while on of cial public business); or 52
Members of legislative bodies who wish to use one of the above exceptions should be sure to contact
the agency’s legal counsel before attending a meeting remotely. There are restrictions on the
number of times any one member may attend remotely in a year under one of these exceptions.
Further, a quorum of the body must still be meeting in-person, and the body must meet the
following relaxed remote access rules:
AB 361 Rules In Effect Today & Re-Codi ed in AB 2449
As a reminder, when a state of emergency is involved, a legislative body may hold teleconference
meetings without meeting certain procedural requirements (post agendas at teleconference
locations, identify teleconference locations in the agenda, make all teleconference locations open to
the public) in the following circumstances:
If the body is relying on the above ndings to justify meeting by teleconference, it must:
One or more members of the legislative body (but less than a quorum) experience an emergency
circumstance (a physical or family medical emergency that prevents in-person attendance).
Provide either a two-way audio visual system or a two-way phone service in addition to live
webcasting;
Identify a call-in or internet-based access option on the agenda, in addition to the in-person
meeting location;
Ensure that if a disruption to the online meeting occurs, the body takes no further action on
agendized items until public access is restored; and
Avoid requiring public comments to be submitted in advance, and provide a real-time option for
the public to address the body at the meeting.
The meeting is held during a proclaimed state of emergency and state/local of cials have
imposed or recommended measures to promote social distancing (including, for example Cal-
OSHA or other regulatory guidance requiring employees to be trained in social distancing to
reduce exposure);
The meeting is held during a proclaimed state of emergency for the purpose of determining
whether meeting in person during the emergency would present imminent risks to the health or
safety of attendees; and/or
The meeting is held during a proclaimed state of emergency and the body has already determined
that meeting in person during the emergency would present imminent risks to the health or
safety of attendees.
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Original Brown Act Teleconferencing Rules Remain Available
Local agencies may always rely on the teleconferencing rules that applied pre-COVID – all votes
must be by rollcall, the meeting must be conducted so as to protect the rights of the public
appearing before the body or wishing to comment, all members of the public must be able to access
the meeting and provide public comment, teleconference locations must be identi ed in the
agenda, copies of the agenda must be posted at all teleconference locations, and teleconference
locations must be open to the public. Finally, at least a quorum of the members of the legislative
body who are participating remotely must do so from locations within the agency’s jurisdiction.
SB 1100 – Removing Disruptive Meeting Attendees
Under SB 1100, recently passed by the Legislature and signed by Gov. Newsom, leg islative bodies
now have an additional tool to address meeting disruptions. The Brown Act authorizes a legislative
body to order the room cleared and continue in session if a group or groups willfully interrupts the
orderly conduct of the meeting, provided certain requirements are met. SB 1100 amends the Brown
Act to provide that the presiding member of a legislative body may have an individual removed for
disrupting a meeting of the body. Before removing any person, the person must be warned that that
their behavior is disruptive, and that continued disruption may result in the person’s removal
(however, no prior warning is required if the person is engaging in use of force or threatening to use
force against anyone). Behavior is otherwise “disruptive” if it disrupts or impedes the orderly
conduct of the meeting.
Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts, facts speci c to your
situation or future developments may affect subjects contained herein. Seek the advice of an attorney
before acting or relying upon any information herein.
Give the public notice of how to access the meeting and offer public comment;
Ensure that if a disruption to the online meeting occurs, the body takes no further action on
agendized items until public access is restored;
Avoid requiring public comments to be submitted in advance, and provide a real-time option for
the public to address the body at the meeting; and
If the state of emergency remains active or social distancing measures continue to be
imposed/recommended by state or local of cials, continue to make ndings supporting the
teleconference meetings at least every 30 days.
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