358.pdf ORDINANCE NQ.358
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING TiTLES 15 AND 17
OF THE ROLLING HILLS MUNICIPAL CODE RELATTNG TO ACCESSORY
DWELLING iJNITS IN SINGLE FAMILY RESIDENTIAL ZONES �T CONFORMANCE
WIT'H STATE LAW, IN ZONING CODE AMENDMENT NO. 2017-03.
The City Council of the City of Ralling Hills does ordain as follaws:
------ Sec�ion 1. Chapter 15.44 (Second Units on Single-Family Lots) of Title 15 (Buildings and
Construction) of the Rolling Hi11s Municipal Code is hereby repealed in its entirety.
Section 2. A new subsection R. is added to 5ection 17.16.030 of Chapter 17.16 (Residential
Agriculture-Suburban Zone} of Title 17 (Zantng} of the Rolling Hills Municipal Code is to read as
follows:
R. Accessory dwelling units subject to Chapte�r 17.28.
Section 3. Section 17.24.040 of Chapter 17.24 {Nonconforming Uses and Structures) of Title 17
(Zoning) o£the Rolling Hills Municipal Code is hereby axnended ta add a subsection (C), to read as
follows:
17.24.04Q-Limits on structur�s aonconforming due to standards.
C. An existing accessory structure which is a legal nonconforming stxucture, due to its size,
may be brought into conformity with the pro�isions of this title; specifically, where the
size of the legal nonconforming strlxcture is reduced tl�rough the conversion of an
adequate portion of the Iegal nonconforming accessory structure into a legal accessory
dweIling unit(pursuant to Chapter 17.28 af this title).
� Section 4. Chapter 17.28 (Second Units on Single-Family Lots) of Title 17 (Zoning) of the Rolling
Hills Municipal Code is k�ereby repealed and replaced to read as follows:
Chapter 17.28
A�CESSORY DWELL�NG UNITS AND
JUNIOR ACCESSORY DWELLING iJNITS ON SINGLE-FAMILY LOTS
17.28.010—Purpose and App6cabi�ify.
The purpose of this Chaptex is to implement the requirements of Gavernment Code section
65852.2, to allow accessary dwelling units and junior accessory 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 extrernely limited public infrastructure. In accordance with state
law, accessory dwelling units are an accessory use to the primary �se of a parcel as a one-fam.ily
dwelling unit and do not exceed the allowable density for the parcel.
17.28.020--Definitions.
"Accessory Dwelling Unit" means an attached or detached dwelling unit which provides complete
independent fiving facilities for one or mare persons. It shall include permanent provisions for living,
sleeping, eating, cooking, and sanita.tian on the same parcel as the primary single-family dwelling is
situated. An accessory dwelling unit also includes the following:
(1}An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; or
�_ (2) A manufactured home, as defined in Section 1$007 of the Health 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 existing on or after �anuary 1, 2017, that can be made
safely habitable under the City's building codes at the determination of the City's building official.
"Junior accessory dwellrng unfP' shall mean a unit that is no more than SOU square £eet in size and
contained entirely within an existing single-family dwelling.
"Owner-occupant" means a person who is domiciled at a particular residence and who is also the
owner of that property. A domicile of a person is that place in which his or her habitation is fixed,
wherein the person has the intention of r�maining, and to which, whenever he or she is absent, the
person has the intention of returning.
"Passageway"means a patY�way that is unohstructed clear to the sky and extends from a street.
"Tandem parking" means tha.t two or more automobiles are parked on a driveway or in any other
location on a lot, lined up behind ane another to one entrance of the accessory dwelling unit.
17.28.030 -Accessory Dwelling Units.
A. Generaldy. Accessory dwelling units shall comply with the following standards:
(1) The unit is located within either the RA-S1 or RA-S2 zone;
(2) In the event the unit is rented, it shall not be rented for a period of less than 30
days;
(3) The lot shall contain a proposed or existing single-fa.mily dwelling;
(4) The accessory dwelling unit is either attached to the existing dwelling or an
accessory structure, or detached from the existing dwelling and located an the
same lot as the existing dwelling;
(5) Bath the primary residence and the accessory dwelling unit shall permanendy
remain titnder one ownership and shall not be sold sepaxately;
(6) Existing animal-keeping uses and structures, including, but not limited to barns,
stables, run-in sheds, animal pens or other similar animal shelters, which are
greater than 800 square feet, shall not be converted into an accessory dwelling
unit. Structures S00 square feet ar less in size may be completely converted to an
accessory dwelling unit; for partial conversions, however, no portian in excess of
the accessory dwelling unit may be maintained for anirnal-keeping uses and the
structure must atherwise cornply with the requirements for mixed-use structures
pursuant to secdon 17.16.210 of the Rolling Hills Municipal Code;
{7) The unit complies with Title 15 of the Rolling Hills Municipal Code, except that
the construction of an accessory dwelling unit is not required to adhere to the
grading requirements outlined in Title 15; and
(8) The sewage disposal systern has been approved by the Los Angeles County Public
Health Department,where applicable.
B. Parking.
Parking requirements for accessory dwelling units shal� not exceed one parking
space per unit. These spaces may be provided as uncovered tandem parking on a
dri�eway, as defined in Section 17.12.200 of this title. However, on shared
dri�eways that provide access for multiple lots, parking shall not be permitted on
portions of the dri�eway that are used to provide access to rnore than one lot. No
onsite parking is required for an accessory dwelling unit when one or more of the
following is applicable:
(1) The accessory dwelling unit is part of an existing or proposed primary
single-family dwelling or accessory structure;
(2) The praperty is listed on the California Register of Historic Places; or
(3) The property is located within one-half mile of a public transit stap. For
the purposes of�his section, "public transit" sha�l include a bus stop with
f�ed route bus service.
G Setback. Exis#ing garages that are converted to accessory dwelling units shall not be
req�tired to conform to setback requirements. Any existing accessory structures that are
converted to accessory dwelling units and any new accessory dwelling unit structures
shall conform to the setback requirements for the zone in which they are located.
D. Size.
(1} Size of Lot. Accessory dwelling units shall anly be permitted an a lot with a
minimum net lot area o£ 1 acre or greater. For lots with a minimum net lot area
less than 1 acre, only an ex�sting legal detached accessory structure may be
con�erted into a legal accessory dwe�ling unit; the accessory structure shall be
permitted to be expanded to 800 square feet.
(2) Size of Accessory Dwellfng Unit. The maximuxn size (habitable floor area} for an
accessory dwelling unit on any lot shall be no more than $00 square feet, but no
less than 450 square feet.
E. Devedopment Standards. The consh-�.iction of a new accessory dwelling units shall
comply with fhe following:
(1) Section 17.16.070, maximum �evel of site development pertaining to lot coverage
and disturbance; `
(2} Section 17.16.084, height limitatians; and
{3) Section 17.16.170, maintenance of an axea developed with or set aside and usable
for a stable, cantiguous corral and access thereta that complies with the criteria set
forth in Chapter 17.18 of this title.
Ordinance No.358—ADU _z_
17.28.040 - Accessory Dwelling Unit Conditions of Approval, Applicatiou Revaew, Approval
Process and Timelines.
A. An administrative review application shall be required for an accessory dwell�ing unit. As
set forth in Chapter 17.44, the City Manager or his�her designee shall make a decision on a
complete administ�rative application for an accessory dwelling unit within 120 days of
receipt thereof.
B. Mandatory approval required: The City Manager or his/her designee sha11 apprave the
administrative application and issue a zone ciearance permit i� all of the following
requirements are met:
(1} There is anly one accessory dwelling unit per single-family lot, and the unit is fully
contained within the space of eith�r a single-family residence or accessory
structure;
(2) The proposed accessory dwetling unit has exterior access which is independent
frorn the existing primary residence or accessory structuxe;
{3) The side and rear setbacks are sufficient for fire safety;
(4) Fire sprinklers have been ins�alled where required by the Los Angeles County
Building and Fire Codes;
(5) The accessory dwelling unit complies with Section 17.28.030; and
(6) The owner occupies either the existing primary residence or the accessory dwelling
unit.
(7} The proposed accessory dwelling unit will not result in any danger ta the public
heaith 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
praperty lines fa11 within an active landslide area, as determined by the City's
Building Depart�nent;
(8) The proposed accessory dwelling unit does not create impacts an the privacy of
neighboring residences and, where applicable, the accessory dwelling unit will
�-� provide privacy mitigatioz� measures including, but not limited to, the proposed
location of the accessory dwelling unit on the Iot, window and door placement and
design, or screening from adjacent residential properties (via landscaping, etc.);
(9} Where the pxoposed ADU will be located within a new structure, the applicant will
pro�ide a new or separate utality connection directly between the accessory
dwelling unit and the utility;
C. A covenant in a form approved by the City Attorney sha11 be recorded with the Couzity
Recorder's Office detailing the restrictian on the size and the other attributes of the
accessary dwelling unit as set forth in this section. The co�enant shall include a prohibition
on the sale of the accessary dwelling unit separate from the sale of the singl�-family
dwelling, including a statemen# that the deed restriction may be enforced against future
purchasers. An application approving the use of an accessory dwelling �xnit may be subject
to revocation in the event af breach of the terms of the covenant or as otherwise provided in
this Chapter.
Section 17.28A50 -Junior Accessory Dwelling Units.
A. An administrative application shall be required for a junior accessory dwelling unit. As set
forth in Chapter 17.44, the City Manager or his/her designee shall make a decision on a
complete administrative application far a junior accessary dwelling unit within 120 days a£
� receipt thereof.
B. The City Manager or his/her designee shall approve thc administrative application when all
of the fallowing requirements are met:
(1) The owner-accupant of the primary residence located on the residential lot shared
by the junior accessory dwelling unit has applied for the administrative junior
accessory dwelling unit application;
{2) The unit is constructed within the existing walls of a primary single-family
dwelling and utilizes an existing bedraom in the dweiling;
{3) The unit includes a separate entrance from the main entrance to the s�-ucture;
(4} The unit includes an e#'ficiency kitchen, which shall include all of the following:
{a) A sink with a m�imu.m waste line diameter of 1.5 inches;
Ordinance No. 358—ADU _3 _
(b) A cooking facility with appliances that do not require electrical service
greater than 120 volts, or natural or propane gas; and
(c) A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of th�junior unit.
(5} There is only one juniar accessory dwelling unit per single-fa�nily lot, and the unit
is cantained within the existing space of a single-family residence;
(6) The primary residence in which the junior accessory dwelling unit exists shall be
ov�mer-occupied; and
(7) Both the primary residence and the junior accessory dwelling unit shall
permanently remain under one ownership and shall not be sold separately.
C. A junior accessory dwelling unit may include se�arate sanitation facilities or may share
sanitation facilities with the existing single-family dwelling. For the purposes of providing
service for water, sewer, or power, or for fire or life pratection, a juniar accessory dwelling
unit shall not be considered a separate or new dwelling unit.
D. This Section shall not be interpreted to prahibit the requirement of an inspec�ion, including
the imposition of a fee for that inspection, to determine whether the junior accessary
dwelling unit is in compliance with a�plicabie building standards.
E. No parking space shall be required for junior accessory dwelling units.
F. In the event the unit is rented, it shall not be rented far a period of less than 30 days.
G. A covenant in a form approved by the City Attomey shall be recorded with the County
Recorder's Office detailing the restriction on the size and the attributes of the junior
accessory dwelling uni� as set forth in this section. The covenant shall include a prohibition
on �he sale of the junior accessary dwelling unit separate from the sale af the single-family
dwe�ling, including a statement that the deed restriction may be enforced against �uture
purchasers.
Section 5. Subsection (D) of Section 17.44.020 of Chapter 17.44 (Zone Clearance) of Title 17
(Zoning) of the Ralling Hills Municipal Code is hereby amended to read as follows:
D. A11 other miscellaneous projects and slxuctures, including, but not limited to architectural
features and elements, porches and patios not higher than twelve inches above the natural
grade, driveways, entryways, outdoor barbecues and fire places, gazebas, piiasters,
service yard, boundary fences, hardscape, drainage devices, solar panels and similar
structures, provided the construction thereof does not �rigger grading (except that the
construction of an accessory dwelling unit is not required to adhere to the grading
requirements outlined in Title 15), is not part af a development plan which otherwise
requires a discretionary approval, such as si�e plan review, conditional use permit or a
variance and meet all the requirements of this title.
Section 6. Subsection (F} of Section 17.44.02Q of Chapter 17.44 (Zone Clearance) of Title 17
(Zoning) of the Rolling Hills Municipal Code is hereby added to read as follows:
F. Creation of either an accessory dwelling unit or a juniar accessory dwelling unit, as
specified in Chapter 1'1.28.
Section 7. Section 17.44.050 of Chapter 17.44 (Zone Clearance) of Title 17 (Zoning) of the
Rolling Hills Municjpal Code is hereby amended to read as follows:
�.7.44.050 -Proceedings.
A. Upon acceptance af a complete application for zone clearance, the City Manager or
designee shall review the application for conformance with the provisions of this title.
The application shall be reviewed solely for the purpose of assuring that the proposed use
or structure is in compliance with the requirements of this title and other provisions of
this code. No public hearing on the application shall be required.
B. Administrative review for accessory dwelling units and/or junior accessory dwelling units
shall be completed within 120 days of receipt of a complete application and subject to the
provisions outlined in Chapter 17.28.
Ordinance No.358—ADU _ Q _
Section 8. Subsection (e) af section 17.46.020 of Chapter 17.4G (Site Plan Review) of Title 17
(Zoning) of#he Rolling Hills Municipal Code is hereby amended to read as follows:
e. Structures and uses listed in Section 17.16.1.40 (Permitted projections),Section
17.16.15Q (Str�ctures and driveways permitted within setbacks), Chapter i7.28
(Accessory dwelling units), and Section 17.44.020 (Zone clearance) of this title.
Section 9. 5ubsection (C} of section 17.46.040 of Chapter 17.46 {Site Plan Review) of Tit�e 17
(Zoning) of the Rolling Hi11s Municipal Code is hereby amended to read as follows:
C. The Commission shall act to approve, conditionally approve or deny the appiication. The
Commission may impose such conditions an an approval as it deems necessary to assure
compliance with the require�ents of this title. 'The Commission may condition approval
to require site plan review for any future construction on the lot, regardless af whether
site plan re�iew 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 no� also required.
Further, notwithstanding any such candition on a discretionary plan review, the City Manager or
designee may, without site plan review, appro�e the following construction provided that such
constructian meets the devc:Iopment standards af this ti#le and na discretionary review is otherwise
required under this title:
1. Structures ancillary to the primary residence such as treilises, barbecues, fireptaces,
fountains, and simiIar mino� amenities where the cumulative total of all such
improvements does not exceed three hundred square feet;
2. Hardscape impravements, walkways and pathways that da not exceed standards in �his
title;
3. Garden and decorative walls not to exceed three feet in height;
4. Play areas (excluding sport courts) not ta exceed one thousand square feet in ar�a and
which do not require more than a totai of fifty cubic yards af dirt;
---- 5. Creation of an accessory dwelling unit and juniar accessory dwelling unit, as specified in
Chapter 17.28;
6. 5imilar minor impravements determined by the City Manager or designee to not have
greater irnpacts an the property than those enumerated above.
Secfi.on 10. Ralling Hills Municipal Code Chapter 17.28 in the list of Chapters at the begirux�izig of
Title 17, ZONIlVG (tab�e of contents chapter list) shall be amended to read as follows:
17.2$—Accessary Dwelling Urnits and Junior Accessory Dwelling Units on Single—Family Lots.
Sections:
17.28.010—Pe�rpose and Applicability.
17.2$.020—Definitians.
17.28.030—Accessory Dwelling Units.
17.28.040 -- Accessory Dwelling Uni� Conditians of Approval, Applic�tion Review,
Approval Process and'g'imelines.
--- 17.28.050—Juniar Accessory Dwelli�g Units.
PASSED, APPROVED AND ADOPTED THIS 12`�' DAY OF F RUARY 201$.
P ,MA,YOR PRO TEM
ATTEST:
�
TTE , CITY CLERK
Ordinance No.358—ADU _ 5 _
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 358 entitled:
AN ORDINANCE OF THE CITY OF RQLLING H�LLS AMENDING TITLES 1 S AND 17
OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZQNES IN CONFORMANCE
WITH STATE LAW, IN ZONING CODE AMENDMENT NO. 2017-03.
was approved and adopted at a regular meeting of the City Council on February 12�', 201 S by the
following roll call vote:
AYES: Councilmembers Dieringer,Mirsch,Pieper, and Wilson.
NOES: None.
ABSENT: Mayor Black.
ABSTAIN: None,
and in compliance with the laws of California was pasted at the following:
Administrative Offices.
� •
TE HALL
CITY CLERK
Ordinance No.358—ADU _ � _