Rancho Palos Verdes Municipal Code Ch. 17.10 Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development…

This chapter provides standards for the development and maintenance of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), in accordance with Government Code § 66310 et seq. An ADU or JADU that conforms to the following requirements shall not be considered to exceed the allowable density (i.e., number of dwelling units per acre) for the lot upon which it is located, and shall be deemed a residential use consistent with the existing general plan and zoning designations for the lot.

(Ord. No. 668U, § 3, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

• Accessory dwelling unit and junior accessory dwelling unit development standards.

ADUs and JADUs shall be subject to the provisions in this section, and Section 17.10.040. JADUs shall additionally be subject to the provisions of Section 17.10.030.

A. Zoning. An ADU is permitted on any lot zoned to allow single-family or multifamily dwelling residential, and that includes a proposed or existing dwelling; a JADU is permitted on any lot zoned to allow single-family residential, and that includes a proposed or existing dwelling. The city shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit at least an 800 square foot ADU with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

B. Number of ADUs or JADUs per lot.

1. For a lot with an existing or proposed single-family dwelling, no more than one ADU and one JADU.

2. For a lot with a proposed or existing multiple-family residential development, at least one ADU and/or JADU, but no more than a number of ADUs/JADUs equaling 25 percent of the existing dwelling units, rounded down, may be allowed within the portions of the existing multiple- family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. An ADU or JADU will only be allowed if the space has been converted to a livable space and has been granted a certificate of occupancy. In addition to any ADUs or JADUs constructed within the existing multiple-family residential development, no more than two detached ADUs may be allowed on a lot that has an existing multiple-family residential structure.

C. Development standards. ADUs or JADUs shall adhere to the following objective development standards.

1. Setbacks. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. Lots located in the very high fire hazard severity zones (VHFHSZ) must include mitigation measures in accordance with the California Building Code, codified as Title 24 of the California Code of Regulations Part 2, Chapter 7A.

2. Maximum floor area, detached ADU. The total area of floor space for a detached ADU shall not exceed 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom.

3. Maximum floor area, attached ADU. The total area of floor space for an attached ADU shall not exceed the lesser of the following:

a. Fifty percent of the primary residence's main building floor area (including any existing primary residence garage area);

b. Eight hundred fifty square feet for an ADU with one bedroom; or

c. One thousand square feet if the ADU contains more than one bedroom.

4. Height. All ADUs shall comply with the following height standards:

a. A detached ADU shall not exceed 16 feet in height except:

i. If the ADU is within a one-half mile walking distance of a major transit stop or high-quality transit corridor, as those terms are defined in Public Resources Code § 21155, the maximum height shall not exceed 18 feet.

ii. If the ADU is on a property with a multi-family, multi-story dwelling, the maximum height shall not exceed 18 feet.

iii. An additional two feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

b. An attached ADU shall not exceed the height limitation applicable to the primary dwelling or 25 feet, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

c. The height of an ADU shall be measured as follows, whichever is lower:

i. The preconstruction (existing) grade at the highest elevation of the existing building pad area covered by the ADU, to the ridgeline or highest point of the ADU; or

ii. The post-construction grade where the lowest foundation or slab meets finished grade, to the ridgeline or highest point of the ADU.

5. Architectural standards. All ADUs shall comply with the following objective architectural standards:

a. The ADU shall be architecturally consistent with the primary residence, such that it matches the primary residence in the use of color palettes, exterior finishes, and matching roof pitch from all sides. 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.

b. Where feasible, any garage door shall be removed from a garage or other accessory structure that is converted to an ADU and the opening shall be treated and finished to match the primary residence.

c. The ADU shall have independent exterior access from the existing dwelling unit.

d. Where feasible, the ADU shall provide privacy mitigation measures, including:

i. The entrance to the ADU faces away from the nearest, adjacent property; and

ii. The ADU shall have windows at or above six feet on any facades that face any adjacent properties.

e. If it is not legally and/or physically possible for an ADU of at least 800 square feet to be built behind the primary residence, then it may be built in front or to the side of the primary residence.

f. Where feasible, entry to an ADU shall not be visible from the public right-of-way.

6. Exterior stairs leading to an ADU or JADU located on the second level of a primary dwelling unit shall be allowed, when compliant with all other applicable development standards.

7. The ADU shall include at least one full bathroom and shall not include more than one kitchen.

8. The ADU or JADU may be located on a lot or parcel which is served by a public sanitary sewer system. An ADU or JADU proposed on a lot or parcel that is not served by a public sanitary sewer system shall require approval by the county department of public health, and any other applicable agencies, of a private sewage disposal system, prior to building and safety division permit issuance.

9. Utility connections. ADUs shall obtain separate connections for all utilities, including water and sewer service. This requirements shall not apply to JADUs and state exemption ADUs.

10. Passageways. No passageway shall be required in conjunction with the construction of an ADU.

11. Parking.

a. A minimum of one parking space, which may be enclosed, shall be provided for the ADU and shall meet the minimum dimensions stated in section 17.02.030.

b. No parking spaces are required for an ADU if any of the following apply:

i. The ADU is located within one-half mile walking distance of a public transit stop;

ii. The ADU is located within an architecturally and historically significant structure;

iii. The ADU is part of the proposed or existing primary residence;

iv. When on-street parking permits are required but not offered to the occupant of the ADU;

v. When there is a car share designated pick-up or drop-off location within one block of the ADU.

vi. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in subsections (C)(11)(b)(1)—(5).

c. Offstreet parking is permitted in setback areas, or through tandem parking, unless the city makes specific findings that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the offstreet parking is not required to be replaced. If desired, replacement spaces can be located in any other configuration on the same lot as the ADU or JADU, 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.

12. Ownership. The primary dwelling unit and the ADU shall remain under the same ownership. The ADU shall not be sold separately from the primary dwelling unit, except when the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation and meets all the requirements of Government Code § 66341, including any amendments or successor statutes thereto.

13. Short-term rental prohibited. An ADU or JADU shall not be used as a short-term rental, in accordance with Section 17.02.026 (short-term rentals and advertisement of short-term rentals).

14. Fire sprinklers. ADUs or JADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU or JADU shall not trigger the requirement for sprinklers for the primary dwelling.

15. Utility connection. ADUs shall be required to obtain a new or separate utility connection directly between the ADU and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

16. Grading. ADUs or JADUs shall comply with the grading standards described in Section 17.76.040 (grading permit), provided that any grading permit for an ADU or JADU shall be processed ministerially.

17. Roof decks. Roof decks shall not be permitted on a detached ADU.

18. Exterior lighting. Where feasible, the exterior lighting must comply with Section 17.56.030 (outdoor lighting for residential uses) of this Code.

D. An ADU or JADU shall be used solely as a dwelling. ADUs and JADUs shall not be utilized as ancillary or accessory uses, including, but not limited to, events, storage, home office, gym/workout studio, and greenhouse.

E. A trailer or any other recreational vehicle may not be maintained as an ADU or JADU on a residential lot.

F. Demolition of detached garage. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the ADU application and issued at the same time.

G. Fees.

1. No impact fees, as defined in Government Code § 66324(c)(2), may be imposed on JADUs or ADUs of less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

2. An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

H. Covenant. Prior to the issuance of a certificate of occupancy for an approved ADU a fully-executed use covenant and restriction running with the land shall be recorded by the city with the county recorder's office, and shall include the following:

1. A declaration that the ADU is constructed and maintained pursuant to this chapter to and shall not be converted to or used for a nonresidential use.

2. A prohibition on the sale of the ADU separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers. An ADU may be sold separately only if the ADU or the primary dwelling was built or developed by a qualified nonprofit corporation consistent with the provisions of Government Code § 66341.

(Ord. No. 668U, § 4, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 681, § 4(Att. B), adopted June 18, 2024, amended the title of § 17.10.020 to read as herein set out. The former § 17.10.020 title pertained to accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) development standards.

A. A JADU shall comply with the following standards:

1. JADUs are only allowed in single-family residential zones.

2. Owner-occupancy is mandatory. The owner may reside in either the remaining portion of the single-family dwelling or in the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. The total area of floor space for a JADU shall not exceed 500 square feet.

4. The primary dwelling and the JADU shall remain under the same ownership. The JADU shall not be sold separately from the primary dwelling.

5. A JADU must be constructed within the walls of the proposed or existing single-family dwelling, which shall include an attached garage.

6. The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

7. If the JADU does not have its own bathroom, it must have a separate access to the primary dwelling.

8. The JADU shall include an efficiency kitchen, which shall include all of the following:

a. A cooking facility with appliances and a sink.

b. A food preparation counter and storage cabinets.

9. No additional parking shall be required for a JADU.

B. The city may require an inspection of the JADU, including the imposition of a fee adopted by city council resolution for that inspection, to determine if the JADU complies with the application therefor, and applicable building standards.

C. For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.

D. For the purposes of providing service for water, sewer, or power, including a connection fee, JADU shall not be considered a separate or new dwelling unit.

E. This section shall not be construed to prohibit the city from requiring parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as those requirements apply uniformly to all single-family residences regardless of whether the single-family residence includes a JADU.

F. A deed restriction running with the land must be recorded which provides that the unit shall not sold separately from the primary dwelling, and that the deed restriction may be enforced against future purchasers, and a restriction of the size and attributes of the JADU the conforms with this section.

(Ord. No. 668U, § 5, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

A. All objective development standards provided for in this section and Sections 17.10.020 and 17.10.030 shall apply to state exemption ADUs and JADUs to the extent they do not conflict with this any provision of this section.

B. Notwithstanding anything else to the contrary in the chapter, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any ADU or JADU that complies with the following standards (a "state exemption" ADU or JADU). The city's standards addressing lot coverage, floor area ratio, open space, or minimum lot size cannot preclude the construction of a state exemption ADU or JADU.

1. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

a. The ADU or JADU unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

b. The space has exterior access from the proposed or existing single-family dwelling.

c. The side and rear setbacks are sufficient for fire and safety.

d. The JADU complies with the requirements of Section 17.10.030.

2. One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a junior ADU described in paragraph (1). A local agency may impose the following conditions on the ADU:

a. A total floor area limitation of not more than 800 square feet.

b. A height limitation as provided in subsection 17.10.020(C)(4).

3. Multifamily dwellings.

a. At least one ADU within an existing multifamily dwelling, but no more than a number equivalent to 25 percent of the existing multifamily dwelling units, within the 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 unit complies with state building standards for dwellings.

b. Not more than two ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation pursuant to subsection 17.10.020(C)(4), as applicable, and rear yard and side setbacks of no more than four feet.

c. If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be a condition for approving the application to construct an ADU that satisfies the requirements of this subsection (D)(3).

4. Correction of nonconforming zoning conditions shall not be required.

5. The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

6. A state exemption ADU or JADU shall not be used as a short-term rental, in accordance with Section 17.02.026 (short-term rentals and advertisement of short-term rentals).

7. Any ADU that shall be connected to an onsite wastewater treatment system must provide, as part of its application, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

C. A new or separate utility connection directly between a state-exemption ADU and the utility shall not be required, or a related connection fee or capacity charge imposed, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Government Code § 66342.

(Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 680U, § 5(Att. B), adopted June 4, 2024, renumbered the former § 17.10.040 as § 17.10.050 and enacted a new § 17.10.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Subsequently, Ord. No. 680U, § 5(Att. B), repealed § 17.10.050, which pertained to use covenants and restrictions and derived from Ord. No. 668U, § 7, adopted October 18, 2022; Ord. No. 678U, § 4(Att. B), adopted April 16, 2024.

A. ADUs and/or JADUs, either attached or detached, which adhere to the standards in Sections 17.10.020, 17.10.030, or 17.10.040, shall be allowed on any lot zoned for single-family or multifamily residential, on lots with existing or proposed single-family dwelling units, with ministerial approval of a site plan review by the director.

B. An application to create or serve an ADU or JADU on a lot with an existing dwelling that meets all applicable standards described in this chapter shall be approved or denied ministerially within 60 days after receiving a completed application, without need for a hearing and notwithstanding any ordinance regulating the issuance of variances or special use permits. If the completed application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the completed application may be delayed until the single-family or multifamily dwelling application is acted upon.

1. If denied, the city shall provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.

2. If an applicant requests a delay, the 60-day time period may be tolled for the period of the delay.

3. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

4. No local ordinance, policy, or regulation, other than this chapter shall be the basis for the delay or denial of a building permit or a use permit under this section.

C. Consideration and issuance of a permit for an ADU or JADU shall not be conditioned on correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.

D. Any new ADU or JADU may not be converted to primary dwelling unit space for a minimum of 20 years from construction.

E. The filing fee for an ADU or JADU application shall be as established by resolution of the city council.

F. All setbacks for the proposed ADU or JADU shall be reviewed and evaluated for fire safety (as may be determined by the county fire department).

G. For the purposes of this section, an ADU or junior accessory dwelling may be considered solely within the existing or proposed space of another structure if it includes an expansion of not more than 150 square feet beyond the same physical dimensions of the existing structure, as long as that expansion beyond the physical dimensions of the existing structure is only for accommodating ingress and egress and does not exceed 16 feet in height.

H. Coastal Act. Nothing in this chapter shall be construed to supersede the application of the California Coastal Act, Pub. Res. Code § 30000 et seq., except that no public hearing shall be required for coastal development permit applications for ADUs.

I. The city shall not deny a permit for an unpermitted ADU constructed prior to January 1, 2018 absent a finding that correcting the violation is necessary to protect the health and safety of the public or the occupant of the ADU, or if the structure is deemed substandard pursuant to Health and Safety Code § 17920.3.

J. The city shall allow preapproval of ADU plans as per Government Code § 65852.27, effective January 1, 2025.

(Ord. No. 668U, § 6, 10-18-2022; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

Editor's note— Ord. No. 680U, § 5(Att. B), adopted June 4, 2024, renumbered the former § 17.10.040 as § 17.10.050 and enacted a new § 17.10.040 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. Subsequently, Ord. No. 680U, § 5(Att. B), repealed § 17.10.050, which pertained to use covenants and restrictions and derived from Ord. No. 668U, § 7, adopted October 18, 2022; Ord. No. 678U, § 4(Att. B), adopted April 16, 2024.

If the site plan review application and/or any other permit issued for the ADU or JADU is revoked by the city pursuant to the provisions of Chapter 17.86 (enforcement) of this Code, then the director shall file notice with the county recorder's office that the permit for the ADU or JADU has been revoked, and the property owner shall forthwith convert the ADU or JADU to a legal structure or shall demolish such structure.

(Code 1981, § 17.10.060; Ord. No. 640, § 10, 1-19-2021; Ord. No. 678U, § 4(Att. B), 4-16-2024; Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)

The following words and phrases shall have the following meanings. In the event any word or phrase conflicts or is inconsistent with any definition in Government Code § 66300 et seq., the latter shall control.

Accessory dwelling unit (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. It shall include 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. An ADU also includes the following:

1. An efficiency unit.

2. A manufactured home, as defined in Health and Safety Code § 18007.

3. An ADU may be attached, detached, or constructed within the within an existing primary dwelling unit or accessory structure.

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

Efficiency unit has the same meaning as defined in Health and Safety Code § 17958.1.

Junior accessory dwelling unit (JADU) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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

Local agency. means a city, county, or city and county, whether general law or chartered.

Nonconforming zoning condition means a physical improvement on a property that does not conform to current zoning standards.

Objective standards means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

Permitting agency means any entity that is involved in the review of a permit for an ADU or JADU and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

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.

State exemption ADUs and/or JADUs means ADUs or JADUs constructed pursuant to subsection 17.10.020(D), and in accordance with Government Code § 66323.

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.

(Ord. No. 680U, § 5(Att. B), 6-4-2024; Ord. No. 681, § 4(Att. B), 6-18-2024)