Rancho Palos Verdes Municipal Code Ch. 17.09 Second Units and Two-Unit Developments in Single-Family Zones

The purpose of this chapter is to establish procedures and standards for the approval and creation of second units and two-unit developments in single-family zones in accordance with the requirements of Government Code § 65852.21.

(Ord. No. 656U, § 6(17.09.010), 12-21-2021)

A. Notwithstanding any other provision of this Code, an application for a second unit or a two-unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.

B. An application for a second unit or a two-unit development shall be approved or denied by the director through the site plan review process in chapter 17.70.

C. Notwithstanding subsection A of this section, the city may deny an application for a second unit or two-unit development if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed second unit or two-unit development would have a specific, adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Upon application approval of a second unit or two-unit development, the director shall provide a courtesy notice to owners of all parcels adjacent to the project site, using the last-known county assessor tax roll, including local homeowner's associations, if one exists and is known by the city. Such notice shall not be a requirement of the applicant for the purposes of deeming an application complete for processing.

(Ord. No. 656U, § 6(17.09.020), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

Proposed second units and two-unit developments:

A. Shall be located in the RS zoning district;

B. Shall be located on a parcel that meets all the requirements of Government Code § 65913.4(a)(6)(B)—(K);

C. Shall not require or allow the demolition or alteration of any of the following types of housing:

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or

3. Housing that has been occupied by a tenant in the last three years;

D. Shall not require or allow the demolition of more than 25 percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three years;

E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Government Code tit. 1, div. 7, ch. 12.75 (Government Code § 7060 et seq.) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application;

F. Shall not be located within a historic district or on property included on the state historic resources inventory, as defined in Public Resources Code § 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and

G. Shall not be located in the Greater Portuguese Bend Landslide Complex, as defined in section 15.20.020, unless the proposed project falls within one of the exception categories in section 15.20.040. If applicable, a landslide exception permit shall be obtained by the applicant prior to the approval of the application for a second unit or two-unit development.

(Ord. No. 656U, § 6(17.09.030), 12-21-2021; Ord. No. 663, § 4, 10-4-2022; Ord. No. 696, § 4, 12-2-2025)

A second unit, and both of the units in a two-unit development, shall comply with all of the following development standards:

A. Configuration. A second unit may be attached to, adjacent to, or detached from any other dwelling unit on the parcel, subject to section 17.09.030(C) and (D) (Requirements). The units in a two-unit development may be attached or detached from one another.

B. Size. Notwithstanding any other development standard, a second unit, and both of the units in a two-unit development, may be up to 800 square feet in floor area. Second units, and both units in a two-unit development, that are constructed on a lot that is at least 20,000 square feet may be up to 1,000 square feet in floor area.

C. Height. Notwithstanding any other development standard, a second unit, and both of the units in a two-unit development, shall be no taller than 16 feet in height as measured from adjacent pre-construction grade and shall be one-story.

D. Setbacks. No setback beyond the existing setback shall be required for an existing structure or for a unit constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, second units, and both units of a two-unit development, shall be set back at least four feet from the side and rear lot lines.

E. Parking.

1. One new off-street parking space, either enclosed or open, is required for a second unit and for each unit of a two-unit development. Such parking spaces shall be in addition to all existing parking spaces on the parcel.

2. Notwithstanding subsection E.1 of this section, no parking spaces are required for a second unit or a two-unit development if either:

a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code § 21155(b), or a major transit stop, as defined in Public Resources Code § 21064.3; or

b. There is a car share vehicle located within one block of the parcel.

3. If the construction of a second unit or two-unit development requires the conversion or demolition of a garage, carport, or covered parking structure required under section 17.02.030(E), then such covered parking spaces shall be replaced. The replacement parking may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, without adversely impacting traffic flow and public safety. The replacement parking shall comply with the minimum number of spaces and dimensions stated in section 17.02.030(E).

F. Decks. No attached decks, including roof decks and balconies, will be allowed that exceed six inches in height, as measured from adjacent finished grade, for second units or either unit in a two-unit development.

G. Grading. For second units and two-unit developments built on sloping lots, grading shall be limited to a combined total of 200 cubic yards, provided the proposed grading is limited to notching the units into the existing slope and no additional grading is proposed to create ancillary flat surfaces around the proposed units, except as may be required for fire safety requirements or access purposes.

H. Extreme slope. Applications for second units and two-unit developments proposed to be built on extreme slopes may be denied if the city's geologist determines that the proposed structures will result in a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment, that cannot be satisfactorily mitigated or avoided. As a condition of approval of an application for a second unit or two-unit development on an extreme slope or which involves grading to accommodate the units, the applicant shall submit a geological or geotechnical study reasonably required by the city for review and approval by the city's geologist.

I. Location of second unit. A detached second unit shall be located behind the primary residence, and be clearly subordinate to the primary residence, both in height and width. If it is not legally and/or physically possible for a detached second unit to be built behind the primary residence, then it may be built in front or to the side of the primary residence subject to a minimum front setback of 25 feet.

J. Separation between detached units. Detached second units and both units of a two-unit development, if detached from one another, built within a very high fire hazard severity zone, must maintain a ten-foot separation from the primary residence or each other, as applicable.

K. Separate entrances. Detached second units and both units of a two-unit development shall have separate entrances from any other unit.

L. Driveways. Notwithstanding the number of units on the lot, not more than one driveway approach or other encroachment shall be allowed unless the public works director determines that more than one driveway approach or other encroachment is required for public health and safety purposes.

M. Additional development standards. Except as provided in subsections A through L of this section, second units, and each unit of a two-unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel.

N. Limitation on enforcement of development standards. If the enforcement of a development standard, with the exceptions of the setback requirements in subsection D of this section or the design standards in section 17.09.050, would physically limit the size of a primary dwelling unit to less than 800 square feet, or would physically limit the property to having only one primary dwelling unit, then the standard shall be relaxed or waived to the extent necessary to allow the unit to be up to 800 square feet, or to allow a second primary dwelling unit on the property, or both, as applicable.

(Ord. No. 656U, § 6(17.09.040), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A. Second units, and each unit of a two-unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.

B. Each second unit shall be architecturally consistent with the primary residence and both units of a two-unit development shall be architecturally consistent with each other, such that the matching units use complementary color palettes, exterior finishes, and matching roof pitches as viewed from all sides. The roof slope must match that of the dominant roof slope of the primary dwelling or matching unit. The dominant roof slope is the slope shared by the largest portion of the roof.

C. Any garage door shall be removed from a garage or other accessory structure that is converted to a second unit, and the opening shall be treated and finished to match the primary residence.

D. The units shall provide privacy mitigation measures by having the entrance to the units face away from the nearest, adjacent property.

E. No entry to a second unit shall be visible from the public right-of-way.

F. The exterior lighting on a second unit or two-unit development must comply with section 17.56.030 (Outdoor lighting for residential uses) of this Code.

(Ord. No. 656U, § 6(17.09.050), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A. Second units and the units in a two-unit development shall not be rented for a term of less than 31 consecutive days, also known as a short-term rental.

B. A second unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two-unit development may not be turned into condominiums or otherwise sold separately from one another. For purposes of this chapter, the term "primary unit" means a dwelling unit other than an accessory dwelling unit or junior accessory dwelling unit.

C. Second units and both units in a two-unit development shall not have a primary use other than a residential dwelling.

(Ord. No. 656U, § 6(17.09.060), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A. Whenever a development in a single-family residential zoning district either adds two primary units to a lot, or adds a second primary unit to a lot, one of the two primary units (i.e., 50 percent of the primary units), if rented, shall be rented at no more than an affordable rent for moderate-income households, as defined in Health and Safety Code § 50053, and shall only be rented to persons or families of low or moderate income, as defined in Health and Safety Code § 50093, for a minimum of 55 years. As a condition of approval of, and prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.

B. In lieu of subsection A, the owner may opt to provide an affordable unit off-site within the city, as a condition of approval of, and prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development. The affordable unit may be provided either through the construction of a new unit, the conversion of an existing non-habitable structure to a habitable structure, or the conversion of an existing market-rate unit to an affordable unit. The off-site unit shall be subject to the same affordability restrictions that would otherwise be applicable to the affordable unit under subsection A of this section, including, but not limited to, the execution and recordation of a deed restriction. The off-site unit shall have at least the same square footage and number of bedrooms as the second unit or the smaller of the two units in the two-unit development.

(Ord. No. 656U, § 6(17.09.070), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)

A building permit shall not be issued for a second unit unless there is one existing primary dwelling unit on the parcel. For purposes of this section, a primary dwelling unit shall be considered to be existing if it has a current valid certificate of occupancy or a building permit that has been finalized.

(Ord. No. 663, § 4, 10-4-2022)

A. Any lot created by a lot split pursuant to chapter 16.40 (Urban Lot Splits) shall be limited to a maximum of two units.

B. No more than four units shall be permitted on a single-family residential lot that has not undergone a lot split.

C. The maximum number of units permitted on any single-family residential lot may be any combination of primary dwelling units, second units, two-unit developments, accessory dwelling units, or junior accessory dwelling units, provided that the total permitted number of units per lot is not exceeded, and subject to the limitations on the development of accessory dwelling units and junior accessory dwelling units in chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards).

(Ord. No. 663, § 4, 10-4-2022)

Second single-family dwellings shall be prohibited in the equestrian overlay (Q) district pursuant to California Government Code § 66499.41(h)(2), as may be amended.

(Ord. No. 695, § 3, 12-2-2025)

Notwithstanding any other provision of this chapter, the applicant shall comply with the requirements of chapter 17.72 (Coastal Permits).

(Ord. No. 656U, § 6(17.09.080), 12-21-2021; Ord. No. 663, § 4, 10-4-2022)