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364 ORDINANCE NO. 364 AN 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,thereby limiting the City to the application of the few default standards 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. 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, the City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein, and the consideration and recommendation by the City's Planning Commission and proposed amendments as presented by staff; and WHEREAS,in accordance with the California Environmental Quality Act(Pub.Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the Rolling Hills Municipal Code are exempt from environmental review. 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 Cityboundaries. 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 30 days following 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 first reading of this ordinance. 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. Section 9.The documents and materials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located at City Hall. Ordinance No.364 Amending Chapter 17.28 2 PASSED,APPROVED AND I OPTED by the City Council of the Rolling Hills, California,at a regular meeting of the City Council held on the 24th day of February,2020 by the following vote: LEAH MIRSCM MAYOR ATTEST: // YOH A N44,A R ONE L CITY CLEA.K Ordinance No.364 Amending Chapter 17.28 3 EXHIBIT Amendments to Municipal Code (follows this page) Ordinance No.364 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 (• I 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 g. An • U 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 • D U or J• U is located. B. Deemed to exceed the allowable density for the lot on which the • D U or J• D U 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. 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 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• P 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 dwelling, 3. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling,and Ordinance No.364 Amending Chapter 17.28 5 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 confoini 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. "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 JADUs under this section: A. Building-permit Only. If an ADU or JADU complies with each of thegeneral 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 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 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-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 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 Multifamily Lot: Multiple 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. At least one converted ADU is allowed within an existing multifamily dwelling. The maximum number of converted ADUs allowed within an existing multifamily dwelling structure is equal to 25 percent of the existing multifamily dwelling units. Ordinance No.364 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. 1 U 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 Ti g. 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 J U 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 permit 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 1U 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). Ordinance No. 364 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 quitable title to the property must reside on the property as the person's legal domicile and permanent residence. 4. All J • D Us 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 J P U, 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 • D U or J• D U, 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 • P U 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 • D U 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 • P U or J• D U has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or J• D U has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or J I U is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an • D U 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 I U Requirements. The following requirements apply only to • Us that require an • D U permit under Section 17.28.040.B. A. Maximum Size. 1. The maximum size of a detached or attached • U 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 Ordinance No.364 Amending Chapter 17.28 8 allowed. 2. An attached ADU that is created on a lot with an existing primary dwelling 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 ADU,but no application of a percentage-based size restriction, FAR, lot coverage, or open-space requirement may require the ADU to be smaller than 800 square feet. B. Floor Area Ratio (F• ').No ADU 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 ADU subject to this Section 17.28.060 may be located within 30 feet of the front property line. 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 50 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 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 ADU. H. Par g. 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.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. 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 bereplaced. Ordinance No. 364 Amending Chapter 17.28 9 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. 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 ADU 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 D U 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 ADU 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 P Us 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 or JADU that is less than 750 square feet in size. Ordinance No.364 Amending Chapter 17.28 10 2. Any impact fee that is required for an ADU 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 - I U, 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. B. Utility Fees. 1. Converted • I Us and JADUs 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 ADU or J• D U and the utility. Nor is a connection fee or capacity charge required unless the • I U or J• I U is constructed with a new single-family home. 2. All • D Us and JADUs not covered by subsection Section 17.28.070.B.1 above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the • U or J• 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 ADU or J• D U 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. Ordinance No.364 Amending Chapter 17.28 11