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
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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
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EXHIBIT
Amendments to Municipal Code
(follows this page)
Ordinance No.364 Amending Chapter 17.28
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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
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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.
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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).
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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
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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.
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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.
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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.
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