364-U URGENCY ORDINANCE NO. 364U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS AMENDING CHAPTER 17.28 OF THE CITY OF ROLLING
HILLS MUNICIPAL CODE RELATING TO 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,the Planning and Zoning 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 ("New 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,the New ADU Laws took effect January 1,2020,and because the City's ADU
ordinance did not comply with the New ADU Laws, the City's ordinance became null and void
on that date as a matter of law; and
WHEREAS,the City desires to amend its local regulatory scheme for the construction and
use of ADUs and JADUs to comply with the amended provisions of Government Code sections
65852.2 and 65852.22; and
WHEREAS,there is a current and immediate threat to the public health, safety, or welfare
based on the passage the New ADU Laws because without a compliant ordinance the City is
limited to applying the few default standards that are provided in Government Code sections
65852.2 and 65852.22 for the approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural review,
among other things, threatens the character of existing neighborhoods, and negatively impacts
property values, personal privacy, and fire safety. These threats to public safety, health, and
welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately
upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety,health, and welfare, the City Council may adopt
this ordinance as an urgency measure in accordance with Government Code section 36937,
subdivision(b), after consideration and recommendation by the City's Planning Commission and
proposed amendments as presented by staff
NOW, THEREFORE,the City Council of the City of Rolling Hills does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings
by the City Council.
Section 2. 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 proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State's ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines
section 15303.The Class 3 exemption categorically exempts from CEQA,among other things,the
construction and location of new, small structures and the conversion of existing small structures
from one use to another. Section 15303 specifically lists the construction of appurtenant accessory
structures and garages as examples of activity that expressly falls within this exemption. Here,the
ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates
the conversion of existing structures into, and the new construction of, ADUs and JADUs, which
are,by definition,structures that are accessory to a primary dwelling on the lot.Moreover,the City
Council finds that none of the "exceptions"to the use of the Class 3 exemption, set forth in State
CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the
ordinance will:
(1) Not result in the construction of ADUs or JADUs within a particularly sensitive
environment because these accessory structures will necessarily be built on a lot
already developed with a primary dwelling;
(2) Not result in a potentially significant cumulative impact because the City is
designated for residential development and recreational uses with the exception of
City Hall Campus, LACoFD Station No. 56, Rancho Del Mar High School, and
guard gates;
(3) Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances because these accessory
structures will necessarily be built on an already developed lots with existing
structures;
(4) Not result in damage to scenic resources,including but not limited to,trees,historic
buildings, rock outcroppings, or similar resources, within a highway officially
designated as a state scenic highway. The mainly City consists of single family
residential development. The highways nearest to the City are California State
Route (SR) 1 (Pacific Coast Highway) and SR 213 (Western), these highways are
not designated as state scenic highways and the segments near the City are not
eligible for designation as state scenic highways. The City's General Plan does not
identify any local scenic roadways in the City;
(5) Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. The City is not located on or directly
adjacent to any known hazardous or contaminated sites; or
(6) Not result in a substantial adverse change in the significance of a historical
resource. The proposed Ordinance will not have a significant impact to
historical resources because there are no listed historic buildings within the City
boundaries.
Section 3. Chapter 17.28 of the Rolling Hills Municipal Code is hereby amended and
restated as provided in Exhibit"A", attached hereto and incorporated herein by reference.
Section 4. This ordinance takes effect immediately upon its adoption.
Section 5. The City Clerk shall either: (a)have this ordinance published in a newspaper of
general circulation within 15 days after its adoption or (b) have a summary of this ordinance
published twice in a newspaper of general circulation, once five days before its adoption and again
within 15 days after its adoption.
Section 6. The City Clerk shall submit a copy of this ordinance to the Department of
Housing and Community Development within 60 days after adoption.
Section 7. The City Council hereby directs staff to prepare, execute and file with the Los
Angeles County Clerk a Notice of Exemption within five working days of adoption of this.
Section 8. 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 resolution are severable. The City Council declares that it
would have adopted this resolution irrespective of the invalidity of any portion thereof.
364-U Amending Chapter 17.28 2
PASSED,APPROVED D 11 OPTED by the City Council of the Rolling Hills,California,at a
regular meeting of the City Council held on the 10th day of February,2020 by the following vote:
LEAH MIRSC,1"
MAYOR
ATTEST:
-4
ONEL
CITY CL R
364-U Amending Chapter 17.28 3
EXHIBIT A
Amendments to Municipal Code
(follows this page)
364-U Amending Chapter 17.28 4
Chapter 17.28 Accessory Dwelling Units and Junior Accessory Dwe g
Units Section 17.28.010. Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (' D Us) and
junior accessory dwelling units(JADUs)in compliance with California Government Code sections
65852.2 and 65852.22.
Section 17.28.020. Effect of Confor 'lg.
An A U or J DU 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 J A DU 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.
Section 17.28.030. Defmitions.
As used in this section,terms are defined as follows:
A. "Accessory dwelling unit" or " U" 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 each of the following:
1. A cooking facility with appliances.
2. A food preparation counter or counters that total at least 15 square feet in
area.
3. Food storage cabinets that total at least 30 square feet of shelf space.
E. "Junior accessory dwelling unit" or"J U"means a residential unit that
1. is no more than 500 square feet in size,
2. is contained entirely within an existing or proposed single-family structure,
3. includes its own separate sanitation facilities or shares sanitation facilities
364-U Amending Chapter 17.28 5
with the existing or proposed single-family structure, and
4. 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 J I U.
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.
Section 17.28.040. Approvals.
The following approvals apply to ADUs and J • D Us under this section:
A. Building-permit Only. If an ADU or J• D U 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: Only one ADU or J• D U on a lot with a
proposed or existing single-family dwelling on it, where the • P U or J • P U:
(a) Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
within the existing space of an accessory structure, plus up to 150
additional square feet if the expansion is limited to accommodating
ingress and egress.
(b) Has exterior access that is independent of that for the single-family
dwelling.
(c) Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.
2. Limited Detached on Single-fa y Lot: One detached, new- construction
ADU on a lot with a proposed or existing single-family dwelling(in addition
to any J• D U that might otherwise be established on the lot under subsection
A.1 above), if the detached • *U satisfies the following limitations:
(a) The side- and rear-yard setbacks are at least four-feet.
(b) The total floor area is 800 square feet or smaller.
(c) The peak height above grade is 16 feet or less.
3. Converted on Multifa y Lot: Multiple • P Us 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 • DU complies with state building
standards for dwellings. At least one converted • D U is allowed within an
existing multifamily dwelling. The maximum number of converted • D Us
allowed within an existing multifamily dwelling structure is equal to 25
percent of the existing multifamily dwelling units.
364-U Amending Chapter 17.28 6
4. Limited Detached on Multifamily Lot: No more than two detached ADUs
on a lot that has an existing multifamily dwelling if each detached ADU
satisfies the following limitations:
(a) The side- and rear-yard setbacks are at least four-feet.
(b) The peak height above grade is 16 feet or less.
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 a fee to reimburse it for costs incurred in processing
ADU permits, including the costs of adopting or amending the City's ADU
ordinance. The ADU-permit processing fee is determined by the Director of
Planning and Community Services and approved by the City Council by
resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The City must act on an application to create an ADU or JADU within 60
days from the date that the City receives a completed application, unless
either:
(a) The applicant requests a delay, in which case the 60-day time period
is tolled for the period of the requested delay,or
(b) In the case of a JADU and the application to create a junior accessory
dwelling unit is submitted with a permit application to create a new
single-family dwelling on the lot, the City may delay acting on the
permit application for the JADU until the City acts on the peimit
application to create the new single-family dwelling, but the
application to create the JADU will still be considered ministerially
without discretionary review or a hearing.
Section 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. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in
the primary residence.
C. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30
days.
D. No Separate Conveyance.An ADU or JADU may be rented,but 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).
364-U Amending Chapter 17.28 7
E. Owner Occupancy.
1. All ADUs created before January 1, 2020 are subject to the owner-
occupancy requirement that was in place when the ADU was created.
2. An ADU that is created after that date but before January 1, 2025, is not
subject to any owner-occupancy requirement.
3. All ADUs that are created 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.
4. 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.
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. 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 section.
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.
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 850 square feet for a studio or one-bedroom unit and 1,000 square feet
for a unit with two bedrooms.No more than two bedrooms are allowed.
2. An attached ADU that is created on a lot with an existing primary dwelling
364-U Amending Chapter 17.28 8
is further limited to 50 percent of the floor area of the existing primary
dwelling, subject to Section 17.28.060.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 A DU, but no
application of a percentage-based size restriction, F ' lot coverage, or
open-space requirement may require the A p U to be smaller than 800 square
feet.
B. Floor Area Ratio (FAR).No PU subject to this Section 17.28.060 maycause the
total F of the lot to exceed 45 percent, subject to Section 17.28.060.A.3 above.
C. Setbacks.
1. No part of any A P U subject to this Section 17.28.060 may be located within
30 feet of the front property line.
2. No part of any A D U subject to this Section 17.28.060 may be located within
four feet of a side or rear property line.
D. Lot Coverage. No A D U subject to this Section 17.28.060 may cause the total lot
coverage of the lot to exceed 50 percent, subject to Section 17.28.060.A.3 above.
E. Minimum Open Space. No A U subject to this Section 17.28.060 may cause the
total percentage of open space of the lot to fall below 50 percent, subject to
subsection Section 17.28.060.A.3 above.
F. Height. No ADU subject to this Section 17.28.060 may exceed 16 feet in height
above grade,measured to the peak of the structure.
G. Passageway.No passageway, as defined by Section 17.28.030.H above, is required
for an A U.
H. Parking.
1. Generally. One off-street parking space is required for each A DU. 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.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 A DU 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 A D U.
(e) When there is an established car share vehicle stop located within one
block of the A D U.
3. No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an U or converted to
an A PU, those off-street parking spaces are not required to bereplaced.
L 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.
364-U Amending Chapter 17.28 9
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. The ADU entrance must be located on the side or rear
building façade, not facing a public-right-of-way.
5. The interior horizontal dimensions of an A DU must be at least 10 feet wide
in every direction,with a minimum interior wall height of seven feet.
6. Windows and doors of the A DU may not have a direct line of sight to an
adjoining residential property. Fencing, landscaping or privacy glass may be
used to provide screening and prevent a direct line of sight.
7. All windows and doors that are less than 30 feet from a property line that is
not a right-of-way line must either be (for windows) clerestory with the
bottom of the glass at least six feet above the finished floor, (for windows
and for doors)utilize frosted or obscure glass, or(for doors)opaque.
8. The architectural treatment of an ADU to be constructed on a lot that has an
identified historical resource listed on the federal, state, or local register of
historic places must comply with all applicable ministerial requirements
imposed by the Secretary of Interior.
J. Landscape Requirements
1. Evergreen landscape screening must be planted and maintained between the
• D U and adjacent parcels as follows:
(a) At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24" 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.
K. Historical Protections.An ADU that is subject to this Section 17.28.060 and that is
on or within 600 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.
Section 17.28.070. Fees.
The following requirements apply to all ADUs and J A Us 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 A U or J ADU that is less than 750 square
feet in size.
2. Any impact fee that is required for an A OU that is 750 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 primary dwelling,
divided by the floor area of the ADU, times the typical fee amount charged
for a new dwelling.) "Impact fee"here does not include any connection fee
or capacity charge for water or sewer service.
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B. Utility Fees.
1. Converted • I Us and J• I Us on a single-family lot,created under subsection
Section 17.28.040.A.1 above, are not required to have a new or separate
utility connection directly between the • I U or J I U and the utility. Nor is
a connection fee or capacity charge required unless the • DU or J• DU is
constructed with a new single-family home.
2. All • 11 Us and J• I/Us not covered by subsection Section 17.28.070.B.1
above require a new, separate utility connection directly between the • DU
or J• D U and the utility. The connection is subject to a connection fee or
capacity charge that is proportionate to the burden created by the • DU or
J• D U,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. The fee or charge may not exceed the reasonable cost of
providing this service.
Section 17.28.080. Nonconfor g • I Us and Discretionary Approval.
Any proposed • I U or J• DU that does not conform to the objective standards set forth in
Section 17.28.010 through Section 17.28.070 of this chapter may be allowed by the City with a
conditional use permit, in accordance with the other provisions of this title.
364-U Amending Chapter 17.28 11