2017-23 RESOLUTION NO.2017-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY
COUNCIL APPROVE A Z�NE TEXT AMENDI�NT TO THE
ROLLING HILLS MUNIC�PAL CODE TO AMEND TITLES 15
AND 17 OF THE ROLLING HILLS MUNIC�PAL CODE TO
PROVIDE FOR ACCESSORY DWELLING UNITS IN SINGLE
FAMILY RESIDENTIAL ZONE� IN CONFORI�IANCE WITH
STATE LAW.
The Planning Comrnission does hereby resolve and order as follows:
Section 1. Due �o recent Sta,te legislation, staff has i.nitiated this text amenc�men#to replace
#he term "second unit" with "accessory dwelling unit" and amend Titles 15 and 17 of the
RolZing Hills Municipal Cade ta provic3e for accessory dwelling units in the RA-S zones, in
confarmance with state law.
Section 2. The Zoning Ordinance te�t amendments are consistent with the goals, poiicies,
and objectives of the General Plan because accessory dwelling units do not exceed the
a.�lowable density fox the lot upon which they are Iocated as specifically provided in sta.te
law and provide another housing opportunity to address the housing crisis in the region.
Furthermore, amending the City's existing rules to provide for new provisions of state law
does not impede the City's ability to achieve its general plan goals. Adoption of the
ordinance would a11ow homeowners in Rolling Hills to pxovide an affordable hausing
option to alleviate�he housing shortage in the �tate.
Section 3. On December 19, 20�7, t,�e �lanning Commission conducted a duly noticed
public hearing and accepted and considered a11 of the public testimony on the issue.
Section 4. The Planning Commi.ssion does hereby find and declare as fallows:
A. In the face of California's severe housxng crisis, Assembly BilXs ("AB")
2299 and 2406, and Senate Bill {"SB") 10�9 collectively and significantly
impact local authority to reguiate accessory dwelling unifs and were drafted
to apply a cleax standard for the accessory dwelling unit permit re�iew
process, regardless of wh�ther a local government ha.s an adopted ordinance
ox not. Specifically, Govcrr,�nent Cade sec�ion 65852.150(b) states, "[i]t is
the intent of the Legislature that an accessory dwelling unit ordinance
adapted by a local agency has the effect of providing for the creation of
accessory dwelling units and that provisions in this ordinance relat�ng to
matters including unit size, parking, fees, and other requirements, axe not so
arbitrary, excessive, or burdensome so as to unreasona.bly restrict the ability
of homeowners to create accessory dwelling �ts in zones in which they
are authorized by local ordinance."
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B. Signed by the Governor on September 27, 2015, AB 2299 and SB 1069
went into effect on January 1, 2017. Pursuant to Governrnent Code section
65852.2(a}(1), a local ordinance praviding for the creation of accessory
dwelling units in single-family and multifamxly zones must comply with the
provisions of Government Code section 65852.2, otherwise the ordinance is
nu11 and void.
C. In 1983 and 1993, the City enacted Chapters 15.44 and 17.28, respectively,
to prahibit the creation of second �anits in single-family zones. Pursuant to
former Government Code section 65852.150(c),the authorization for such a
prohibition was conditioned on findings acknowledging that such action
may limit housing opportunities, as well as further findings that specifc
adverse impacts on the public health, safe�y, and welfare wo�.ald result from
allowing second units within the City. Because "second units" would
negatively impact geologic sta.bility, traffic, fire safety, density, sewer, and
fire flow requirements, the City astablished findings sufficient to prohibit
"second units" under state 1aw. However, because the legislature has
determined that ADUs can provide far additional renfial housing stock, the
provisions which ena,bled the prohibitions provided £ar in Section
65852.150(c}have now been repealed.
D. The City's current ordinance banning accessory dwelling units must be
amended in order to conform to state law.
Section 5. Under California Public Reso�,�rces Code {CPRC) �ection 21080.17, the
California Environmental Quality Act (CEQA) daes 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 the State Accessory Dwelling Unit la.w. Therefore, the
proposed ordinance is sta.tutorily exempt from CEQA i� that the proposed ardinance
i�mmplements the state accessazy dw���xx�g uxxi.t��w.
Section 6. Based on the foregoing, the Planning Commission of the City af Rolling
Hills hereby recommends that the City Cauncil approve Zoning Text Amendment 2Q17�
03.
Section 7. Chaptcr 15.44 (Second Units on Single-Fanuly Lots) of Title 15 (Buildings and
Constructian} of the Rolling Hills Municipal Code is hereby repea.Ied in its entirety.
Section S. A new subsection R. is added to Section 17.16.030 of Cha.pter 17.15
(Residential Agriculture-Suburban Zone} of Title 17 (Zoning) of tlie Rolling Hills
M�.uucipal Code is to read as follows:
R. Accessory dwelling units subject to Chapter 17.28.
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Section 9. Section 17.24.040 of Chapter 17.24 (Nonconforming L�ses and Str�xctures}
of Title 17 (Zoning) of the Rolling Hi11s Municipal Code is hereby amended to add a
subsection(C), to read as follows:
17.24.040 -Limits on struc#ures nonconforming due to standards.
C. An existing accessory structure which is a legal nonconfor;ning structure, due
to its size, may be brought into conformity with tl�e pxo�-isions of this title;
specifically, whexe the size of the legal nonconforming structure is reduced
through the conversion of an adequate portion of the legal nonconforming
accessary strucfi�re into a legal accessory dwelling unit (pursuant to Chapter
17.28 of this title).
Sec�ion 10. Chapter 17.28 (Second Units on Single-Family Lots) of Txtle 17 (Zoning) of
the Ro1lir�g Hilis Municipal Code is l�ereby repealed and replaced to read as follows:
Chapter 17.28
ACCESSORY DWELLING UNYTS AND
JUNIOR ACCESSORY DWELLING UNITS ON SINGLE-FAMILY LOTS
17.2$.010—Purpose and Applicability.
The purpose of this Chapter is to implement the requirements of Government Code
sec�on 65852.2, to allow accessory dwelling units and junior accessorq dwelling units in a
manner that accounts for the City's unique land use characteristics including landslide
susceptibility, lack of sewers, fire flow requirements, and extremely Ximited public
infastxucture. In accordance with stat� law, accessory dwelling units axe an accessory use
to the primazy use of a parcel as a one-family dwelling unit and do not exceed the
allowab�e density for the parcel.
17.28.020—Defmitions.
"Accessory Dwelding Unit" means an attached or detached dwelling unit which
pro�ides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same
parcel as the priiriary single-family dwelling is situated. An accessory dwelling unit also
includes the followi.ng:
(1) An effic:iency unit, as defined in Section �7958.1 of the Health and Safety
Code; ar
(2) A manufactured home, as defined in Section 18007 of the Heaith and
Safety Code.
"Existing space" means an allowable space that can be converted to an accessory
dwelling unit within the walls and roofline of any structure e�sting on or after January 1,
2017, that can be made safely habitable under the City's building codes at the
determination of the Ci�y's building official.
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"Juniar accessory dwelling unit" shall mean a unit that is no more than 500 square feet
in size and contaaned entirely within an existing single-family dw�lling.
"Owraer-occupant" means a person who is domiciled at a particular residence and who
is also the owner of that groperiy. A domicile of a person is that place in which his or her
habitation is fixed, wherein the person has the intention of remaining, and to which,
whenever he or she is absent,the person has the intention of returning.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from
a street
"Tandern parkang" means that two or more automohiles az�e parked on a driveway ox in
any other location on a lot, lined up behind one another. to one entrance o�the accessory
dwelling unit.
17.28.030-Accessary Dw�lling Units.
A. Generaldy. Accessory dwelling units shall comply with the following
standa.rds:
(1) The unit is located within either the RA-S1 or RA-S2 zone;
(2) In the event the unit is rented, it shaIl not be rented for a period of less
than 30 days;
(3) The lot sha.11 contain a proposed or existing single-family dwelling;
(4) The accessory dwelling unit is either attached ta the existing dwelling
or an accessory structure, or detached from the existing dwelling and
located on the same lot as the existing dwelling;
(5) Both the primary residence and the accessory dwelling unit sha11
permanently remain under one ownerslv.p and shall not be sold
sepaxately;
(6) Existing animal-keeping uses and structures, includi�.g,but not Iimited
to bars�s, stables, run-in sheds, animal pens or other similar animal
shelters, which are greater than $40 square feet, shall not be converted
inta an accessory dwelling unit. Structures 804 square feet or less in
size may be completely converted to an accessory dwelling unit; for
partial conversions, however, no portion in excess of the accessory
dwelling unit may be rnaintained for animal-keeping uses and the
structure must otherwise comply with the requirements for mixed-use
structures pursuant to section 17.16.210 of the Rolling Hills Municipal
Code;
{7) The unit camplies with Ti�e 15 of the Ralling Hills Municipal Code,
e�cept that the construction of an accessory dwelling unit is not
required to adhere to the grading requirements outlined in Title 15;
ana
(8) The sewage disposal system has been approved by the Los Angeles
County Pubiic I�ealth Deparhnent, where agplicable.
B. Parkang.
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Parking req2xirernents for accessory dwelling units shall not exceed
one parking space per unit. These spaces may be provided as
uncovered tandem paxking on a driveway, as defined in Section
17.12.200 of this title. Hawever, on shazed driveways that provide
access for multiple lots, parking shall not be permitted on portions of
the driveway that are used to provide access to more than one lot. No
onsite parking is required for an accessory dwelling unit when one ar
more of the following is applicable:
{1) The accessory dwelling unit is part of an ea�isting or proposed
primary single-family dwelling or accessory structure;
(2) The prop�rty is listed on the California Register of Hxstoric
Places; or
{3) The property is lacated within one-half mile of a public transit
stop. For the purposes of this section, "public transit" shall
include a bus stop with fixed ronte bus service.
C. Setback. Existing garages that are converted to accessory dwelling units
shall not be required to conform to setback requirements. Any existing
accessory structures that are converted to accessory dwelling u.nits and any
new accessory dwelling �t structures shall canforin to the setback
requirements for the zone in which they are located.
D. Size.
(1) Size of Lot. Accessory dwelling units sha11 only be permitted on a lot
with a minimum net lot area of 1 acre or greater. For lots with a
minimum net lot area less than 1 acre, only an e�sting legal detached
accessory sbr�ctu�e may be canverted inta a legal accessory dwelling
unit; the accessory structure shall be permitted to be expandec� to 800
square feet.
(2} Size of Aecessory Dwelling Unit. The m�imum size (habitable flaor
area) for an accessory dwelling unit on any lot shaJl be 800 square
feet;but no less tJ�an 4S0 square feet.
E. Development Standards. The construction of a new accessory dwelling
units shall comply with the fallowing:
(1) Section 17.16.070, maximum level of site development pertaining to
lot coverage and disturbance;
(2) Section 17.16.080, height limitations; and
(3) Section 17.16.170, maintenance of an a�rea developed with or set aside
and usable for a stable, contiguous corral and access thereto that
complies with the criteria set forth in Chapter 17.18 of this title.
17.28.0�40 - Accessory Dwelling Unit Conditions of Approval, Applicatian Review,
Approval Process �nd Timelines.
A. An administrative review application shall be required for an accessory
dwelling unit. As set forth in Chapter 17.44, the City Manager ar hislk�er
designee shall make a decision on a complete administrative application for an
accessory dwelling u.nit wi#hin 120 days of receipt thereof.
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B. Mandatory approval required: The City Manager or his/her designee shall
approve the administrative application and issue a zone clearance pertnit if a11
of the following requirements are met:
(1) There is only one accessory dwelling unit per single�family lot, and the
u�i.t is fully contained within the space of either an existing single-
family residence or accessory structure;
(2) The proposed accessory dwelling unit has exterior access which is
independent fram the existing primary residence or accessozy structure;
(3) The side and rear setbacks are sufficient for fire safety;
(4) Fire sprinklers ha�e been installed where required by the Los Angeles
County Building and Fire Codes;
(5) The accesso�ry dwelling unit complies with Section 17.28.030; and
(6) The owner occupies either the exis�ing primary residence or the
accessory dwelling unit.
For the purposes of this subsection (B), a new or separate utility connec�ion
directly between the accessory dweX�xng unit and the utility is not required.
If any of the requirements in this section hava not been met, then the City
Manager or his/her designee have the option of approving the administrative
application for an accessory dwelling �anit, subject to the provisions in
subsection(C), below.
C. Optional approval required:. For accessary dwelling units that do not meet a11
of the criteria in subsection (B) abave, the City Manager or his/her desi�ee
shall approve the administrative application and issue a zone clearance permit
when aIl of the following requirements are met:
(1} The owner-occupant of the primary residence located on the xesidential
lot shared by the accessary dw�liing i�nit has applied for the
administrati�e accessory dwelling unit application;
(2) The accessory dwelling unit meets the criteria enumerated in Section
17.28.030;
(3) The prapased accessory dwelling unit will not result in any danger to
the public health or safety. For the purposes of this subsection, it shall
be a danger to the public health or safety to create an accessory
dwelling unit on any property whose property Iines fa1l within an active
landslide area, as detern�ined by the City's Building Department;
(4) The proposed accessory dwelling unit does not create impacts on the
pri�acy of neighboring residences and, where applicable,the accessory
dwelling unit will provide privacy mitigation measures including, but
not limited to, the proposed location of the accessory dwelling unit on
the lot, window and door placement and de�ign, or screening from
adjacent residential properties (via landscaping, eta};
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(5) Where the proposed ADU will be located within a new structure, the
applicant will provide a new or sepaxate utility connection directly
betweer�the accessory dwelling unit and th�utility;
(6) The owner occupies either the existing primary residence or the
accessory dwelling unit.
D, A covenant in a form approved by the City Attorney shall be recorded with
the County Recorder's Office detailing the restriction on the size and
attributes of the accessory dwelling uni� as set forth in this section. The
covenant shall include a prohibition on the sale of the accessory dw�lling
unit separate from the sale of the single-family dwelling, including a
statement that the deed restriction may be enforced against future
purchasers. An application approving the use of an accessory dwelling unit
may be subject to re�oca�ion in the event of breach of the terms of the
covenant ar as otherwise provided in this Chapter.
Sectioa 17.28.050-Junior Accessory Dwelling Units.
A. An administrative application shall be required tor a 3unior accessory dwelling
wut. As set forth in Chapter 17.44, the City Manager or his/her designee shall
make a decision on a complete administrative application for a junior accessory
dwelling unit within 120 days of receipt thereaf.
B. The City Manager or his�er designee shall approve the administrative
application when all of the following requirements are met:
(1} The owner-occupant of the prirnary residence lacated on the residential
lat shared by the junior accessory dwelling unit has applied for the
administrative junior accessory dwelling unit applicataon;
(2} The unit is constructed within the existing walls of a primary single-
family dwelling and utilizes an exisxing hedro�m in�he dwelling;
(3} The unit includes a separate entrance from the main entrance ta the
structure, with an interior entry to the main living area;
(4} The unit includes an efficiency kitchen, which shall include all of the
following:
(a) A sink with a maximum waste line diameter of 1.5 inches;
(b) A cooking facility with appliances that do not require
electrical service greater than 120 volts, or natural or
propane gas; and
(c) A fooc�prepara�ion counter and storage cabinets that are of
reasona.ble size in relation to the size of the juniar unit.
(5) There is anly one junior accessazy dwelling unit per single-family lot,
and the unit is contained withi� the existing space of a single-family
residence;
(6} 'The primary residence in which the junior accessory dwelling unit
exists shall be owner-occupied; and
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{7} Both the primary residence and the junior accessory dwelling unit sha11
perxnanently rernain under one ovvnership and sha11 not be sold
sepaxately.
C. A junior accessory dwelling unit may include separate san'rtation facilities or
may share sanitation facilities with the existing single-family dwelling. For the
purposes of praviding ser�ice far water, sewer, or power, or for fire or life
protectian, a juniar accessory dweliing unit shall not be considered a separate or
new dwelling unit.
D. This Section shall not be interpreted to prohibit the requirement of an
inspection, including the imposition of a fee for that inspection, to determine
whether the junior accessory dwelling unit is in compliance with applicable
building standards.
E. Na parking space s�a.11 be required�or junior accessory dwelling units.
F. In the event the unit is rented, it sha1l not be rented for a period of less than 3Q
da,ys.
G. A covenant in a fornF approved by the City Attorney shall be recorded with the
Caunty Recorder's Office detailing the restriction on the size and attributes of
the junior accessary dwelling unit as set forth in this section. The covenant sha11
include a prohibition on the sale of the junior accessory dwelling unit separate
fram the sale of the single-family dwelling, inciuding a statement that the deed
restriction may be enforced against future purchasers.
Sectioa� 11. Subsection {D} af Section 17.�4.020 af Chapter 17.44 {Zone Clearanc�) of
Title 17 (Zoning) of the Rolling Hills Municipal Code is hereby axnended to xead as
follaws:
D. All other miscellaneous projects and structures, �ncluding, but not limited to
architectura.l features and elements, porches and patios nat higher than twelve
inches above t1�e natural grade, c�riveways, entryways, outdoor barbecues and
fire places, ga�ebos, pilasters, sezvice yaxd, boundary fences, hardscape,
drainage devices, solar panels and similar structures, provid�d the
construction thereof does not trigger grading (except that the construction af
an accessory dwelling unit is not required to adhere to the grading
requirernents outlined in Tit�e 15), is not part of a develapment plan which
otherwise requires a discretionary approval, such as site plan review,
conditional use permit or a variance and meet all the requirements of this title.
Sectian 12. Subsection (F) of S�ction 17.44.020 of Chapter 17.44 (Zone Clearance) of
Title 17 {Zoning) of the Rolling Hills Municipal Code is hereby added to read as follows:
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Page 9 of 11
F. Crea�ion of either an accessory dwelling unit or a junior accessory dwelling
unit, as specified in Chapter 17.28.
Section 13. Section 17.44.050 of Chapter 17.44 (Zone Clearance) of Title 17 {Zoning)
of the Roliing Hills Municipal Code is hereby amended to rea.d as folZows:
17.44.050 - Proceedings.
A. Upon acceptance of a complete application for zone clearance, the City
Manager or designee shall review the application for conformance with the
provisians o£ this title. The application shall be reviewed solely for the
purpose of assuring that the prapased use or structure is in compliance with
the requirements of this title and other provisions of this code. No public
hearing on the application sha.l�be required.
B. Administrative review fox accessory dwelling units and/or junior accessory
dweliing units shall be completed within 120 days of receipt of a complete
application and subject to the provisions outlined in Chapter 17.28.
Section 14. Subsection (e) of section 17.46.020 of Chapter 17.46 (Site Plan Review) of
Title �7 (Zoning) of the Rolling Hills Municipal Code is hereby amended to read as
follows:
e. Structures and uses listed in �ection 17.16.140 (Permitted
projections),Section 17.16.150 (Structures and driveways
permitted within setbacks}, Chapter 17.28 (Accessory dwelling
units), and Section 17.44.020 {Zone clearance} of this title.
Section 15. Subsection(C) of section 17.46.Q40 of Chapter 17.46 {Site Plan Review} of
Title 17 (Zoning) of the Rolling Hills Municipal Code is hereby amended to read as
follows:
C. The Cornmission shall act to approve, conditiona.�ly approve or deny the
application. The Commission may impose such conditions on an approval as
it deems necessary to assure compliance with the requirements of this title.
The Commission may condition approval to require site plan review for any
future construction on the lot, regardless of whether site plan review would
ordinarily be applicable to such construction. Notwithstanding any such
condition, if future construction requires a variance or a conditional use
permit, a site plan review is not also required.
Fu.rther, notwithstanding any such condition on a discretionary plan review, the
City Manager or designee may, without site plan review, approve the following
construction provided that such constructior� meets the development standards of
this title and no discretionary review is otherwise required under this title:
1. Structuxes ancillary to the primaxy residence such as trellises,
barbecues, fireplaces, fountains, and similar minor amenities where the
Resolution No.2017-23
Page 10 of 11
cumulative total of all such improvements does not exceed three
h�andred square £eet;
2. Hardscape improvements, walkways and pathways that do not exceed
standards in this title;
3. Garden and decorati�e walls not to exceed three feet in height;
4. Play areas (excluding sport courts} not to exceed one thousand sq�are
feet in area and which do not require more than a total of fifty cubic
yaxds af dirt;
5. Creation of an accessory dwelling unit and junior accessory dwelling
unit, as specified in Chapter 17.28;
6. Similar minor improvements determined by the City Manager or
designee to not have greater impacts on the property than those
enumerated above.
PASSED, APFROVED AND ADOPTED THIS 19th DAY OF D�MBER 2017.
: .�.�,'
� � �
�`BRAD CH�ELF � �
CHA�RMAN
ATTEST:
._
_ � �- __� .�.
Y�ETTE HALL
CI'�'X CLERK
Any action challenging the final decision of the City made as a result of the public hearing
on this application must be f led within the time limits set forth in section 17.54A74 of the
Rolling Hi�ls Municipal Code and Code of Civil Procedure Section 1094.6.
�Zesolution No.2017-23
Page 11 of 1 J
STATE OF CALIFQRNTA )
COUNTY QF LOS ANGELES } §§
CITY OF ROLLING HILLS }
i certify that the foregoing Resolution No. 2017-23 enfitled:
A RES�LUTION OF THE PLANNING COI��INIISSION OF THE CITY QF RQLLING
HILLS REC�MMENDING THAT THE CITY COUNCIL APPROVE A ZONE TEXT
AMENDMENT TO THE ROLLING HILLS MUNICIPAL CODE TQ AMEND TITLES
15 AND 17 OF THE ROLLING H�LLS M[TNICIPAL CODE TO PROVIDE FOR
ACCESSORY DWELLING UNTTS 1N SINGLE FAMILY RESTDENTIAL ZONES IN
CONFORMANCE WITH STATE LAW.
was approved and adopted at a regular meeting of the Planning Commission on December
19, 2Q17 by the following roll ca11 vote:
AYES: Commissioners Cardenas, Cooley, Kirkpatrick, Seaburn and Chair Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following;
Administrative Offices.
,. �.,
YV TTE HALL
CITY CLERK