CITY COUNCIL MEETING DATE: 10/06/2026
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consider initiating code amendment proceedings to Chapter 17.10 of the Rancho Palos Verdes Municipal Code (RPVMC) to update the development standards for accessory dwelling units (ADUs) to comply with State ADU Law.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to Chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards) of the Rancho Palos Verdes Municipal Code to update the development standards for accessory dwelling units to comply with State ADU Law.
FISCAL IMPACT: There is no fiscal impact since these code amendment proceedings, which involve staff time, are budgeted annually in the Community Development Department/Planning Division budget as personnel costs. VR
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Brandy Forbes, AICP, Director of Community Development REVIEWED BY: Catherine Jun, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. California Department of Housing and Community Development (HCD) letter dated September 8, 2026 (Page A-1)
B. City of Rancho Palos Verdes Ordinance No. 681 (Linked) C. City letter to HCD dated September 23, 2026 (Page C-1) BACKGROUND:
The City’s ADU Ordinance No. 681 (Attachment B), adopted June 18, 2024, which among other things, codified language for additional definitions and minor clarifications related to parking, ownership, and state exemptions, was submitted to HCD for their review for compliance with State ADU Law pursuant to Government Code section 66326. On 1 CITYOF RANCHO PALOS VERDES
September 8, 2026, HCD issued a review letter (Attachment A) providing written findings that the City’s ordinance does not comply with State ADU Laws.
Per Government Code section 66326, if the local agency’s ordinance does not comply with State ADU Laws, once notified by HCD, the local agency will have 30 days to respond to the findings to inform HCD if the City will either 1) amend the ordinance to comply with the State ADU Laws or 2) adopt the ordinance without changes with a resolution explaining the reasons the local agency believes the ordinance is in compliance.
As there have been multiple amendments to State ADU Law since the City’s adoption of the ADU Ordinance No. 681, this agenda item is being brought to City Council to initiate the code amendments to bring the ordinance into compliance with State ADU Law. As such, on September 23, 2026, the Director of Community Development responded in writing to the HCD review letter confirming that the initiation of the code amendments would be considered by City Council in order to amend the ADU Ordinance to comply with State ADU Law (Attachment C).
DISCUSSION:
The City Council is being asked to consider initiating code amendment proceedings to amend RPVMC Chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards) to be compliant with state law as cited in HCD’s September 8, 2026 letter (Attachment A). If City Council authorizes staff to initiate these code amendment proceedings, City staff will prepare the ordinance revisions. Once drafted, a public hearing will be scheduled for the Planning Commission to review and provide a recommendation to City Council for its consideration. It is expected that the Planning Commission’s public hearing will be scheduled in December 2026 or January 2027. The Planning Commission’s recommendations will then be considered by the City Council at a duly noticed public hearing for consideration of introduction of said code amendments soon thereafter. It should be noted that the Planning Commission serves in the advisory capacity regarding code amendments involving Title 17 (Zoning Code).
The City’s September 23, 2026 response letter to HCD included the written notification confirming that the City intends to amend the ADU Ordinance to comply with State ADU Law, as well as an estimated timeframe to complete the code amendments. Although a majority of HCD’s findings in their September 8, 2026 letter (Attachment A) were straightforward in requesting clarifying code language and requiring corrections based on more recent amendments to the State ADU Law, there were three findings where the City’s response letter requested information, including #5 pertaining to attached ADU size limits, #7 related to location of ADUs in front setbacks, and #13 referencing objective development standards and state exempt ADUs and JADUs.
CONCLUSION:
Staff recommend that the City Council initiate code amendment proceedings to update the City’s ADU development standards for the reasons discussed above. 2 ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the City Council’s consideration:
1. Identify specific code criteria within Chapter 17.10 of the RPVMC that should or should not be amended.
2. Choose not to amend Chapter 17.10 of the RPVMC and Direct Staff to prepare a resolution explaining the reasons the local agency believes the ordinance is in compliance.
3. Take other action, as deemed appropriate.
3 STATE OF CALIFORNIA – CALIFORNIA HOUSING AND HOMELESSNESS AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, 10th Floor, Suite 400
Sacramento, CA 95811
(916) 263-2911
September 8, 2026
Brandy Forbes, Director of Community Development
Planning and Zoning Division
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5391
Dear Brandy Forbes:
RE: Review of Rancho Palos Verdes’ Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310–66342)
Thank you for submitting the City of Rancho Palos Verdes (City) ADU Ordinance No. 681 (Ordinance), adopted June 18, 2024, to the California Department of Housing and Community Development (HCD). The Ordinance was received on October 21, 2024.
HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Law in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than October 8, 2026, with a plan to either amend the current ordinance or adopt a resolution with findings.
1 Responses should be submitted formally on agency letterhead.
The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:
1. Please note, recent legislation amended State ADU Law. Language relevant to these changes should be incorporated into the Ordinance as it is updated. The following bills are relevant to State ADU Law:
• Assembly Bill (AB) 130 (Chapter 22, Statutes of 2025)—Effective June 30, 2025
• AB 462 (Chapter 491, Statutes of 2025)—Effective October 10, 2025 • AB 1154 (Chapter 507, Statutes of 2025)—Effective January 1, 2026 • Senate Bill (SB) 9 (Chapter 510, Statutes of 2025)—Effective January 1, 2026
• SB 543 (Chapter 520, Statutes of 2025)—Effective January 1, 2026 1 Gov. Code, § 66326, subd. (b)(2)(B).
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2. Section 17.10.020. A. and B.2. – Junior Accessory Dwelling Units (JADUs) – The Ordinance states, “a JADU is permitted on any lot zoned to allow single-family residential, and that includes a proposed or existing dwelling.” The Ordinance also states, “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,” and, “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.” However, by definition, a JADU must be contained entirely within a proposed or existing single-family residence, prohibiting a JADU from being created within a multifamily dwelling. 2 In addition,
State ADU Law requires the Ordinance to, “Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.”3 Therefore, the City must amend the Ordinance to allow one JADU to be created on a lot zoned for single-family residences with an existing or proposed single-family dwelling, and remove the unlawful allowance of multiple JADUs on a lot, as well as remove JADUs as an option for proposed and existing multifamily dwellings.
3. Section 17.10.020. B.1. – Number and Type of ADUs Allowed on a Single-Family Lot – The Ordinance states, “For a lot with an existing or proposed single-family dwelling,” a property owner may create, “no more than one ADU and one JADU.” However, the Ordinance fails to fully and accurately provide for what is allowed by State ADU Law. First, Government Code section 66314 authorizes the creation of one detached, attached, or conversion ADU that is subject to the objective standards in a local ADU ordinance. The standards in Government Code section 66314 are strictly limited to regulating objective standards. Nothing in Government Code section 66314 permits a local jurisdiction to prohibit an ADU authorized under that section from being constructed in combination with the ADUs permitted under Government Code section 66323. Second, Government Code section 66323, subdivision (a)(1) provides for the creation of one JADU and one conversion ADU created within the space of an existing or proposed single-family dwelling, or in the case of an ADU, within the existing space of an accessory structure. In addition, Government Code section 66323, subdivision (a)(2) provides for the creation of one new construction detached ADU. SB 543 (Chapter 520, Statutes of 2025) amended State ADU Law, effective January 1, 2026, to expressly confirm the ability to combine the ADUs described in Government Code section 66323, subdivisions (a)(1) and (2). Therefore, the City must amend the Ordinance to allow, on a lot with an existing or proposed single-family dwelling, all of the ADU and JADU combinations permitted under Government Code section 66323 and at least one unit described under section 66314. 2 Gov. Code, § 66313, subd. (d).
3 Gov. Code, § 66333, subd. (a).
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4. Section 17.10.020. B.2. – Number of Detached ADUs Allowed on a Multifamily Lot – The Ordinance provides that in addition to any ADUs constructed from nonlivable space within an existing multiple-family dwelling pursuant to Government Code section 66323, subdivision (a)(3), a property owner may create, “no more than two detached ADUs…on a lot that has an existing multiple-family residential structure,” pursuant to Government Code section 66323, subdivision (a)(4).
However, subdivision (a)(4) has been amended by the Legislature to permit up to eight detached ADUs on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot, or up to two detached ADUs on a lot with a proposed multifamily dwelling. Therefore, the City must amend the Ordinance to allow for the maximum number of detached ADUs on a multifamily lot that are allowed by current State ADU Law.
5. Section 17.10.020. C.3. – Attached ADU Size – The Ordinance states, “The total area of floor space for an attached ADU shall not exceed the lesser of the following: a. 50 percent of the primary residence's main building floor area (including any existing primary residence garage area); b. 850 square feet for an ADU with one bedroom; or c. 1,000 square feet if the ADU contains more than one bedroom.” However, Government Code section 66321, subdivision (b)(3) prohibits a local agency from establishing by ordinance, “Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, 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 an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” Therefore, the City must amend the Ordinance to remove all restrictions on the creation of new construction attached ADUs with 800 square feet of interior livable space and with four-foot side and rear yard setbacks.
6. Section 17.10.020.C.5. – Architectural Standards – The Ordinance states, “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… d.
Where feasible, the ADU shall provide privacy mitigation measures, including:… f.
Where feasible, entry to an ADU shall not be visible from the public right-of-way.” However, Government Code section 66323, subdivision (b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of,” A-3
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Government Code section 66323, subdivision (a), referred to in the City’s Ordinance as “state exemption” ADUs. This section of the Ordinance imposes both unlawful subjective requirements, as well as unauthorized objective requirements on “All ADUs” in direct conflict with State ADU Law. Therefore, the City must amend the Ordinance to remove all the above subjective requirements and establish, for “state exemption” ADUs, a specific exemption from any and all objective standards not specifically authorized pursuant to Government Code section 66323.
7. Section 17.10.020. C.5.e. – Front Setbacks – The Ordinance states, “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.” However, Government Code section 66323, subdivision (b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of subdivision (a).” As a result, local agencies are prohibited from mandating an alternate location for an ADU that is developed pursuant to Government Code section 66323, even if the ADU could be sited elsewhere on the property. Therefore, the City must amend the Ordinance to provide that ADUs permitted under Government Code section 66323 may be placed in the front setback.
8. Section 17.10.020. C.9. and C.15. – Utility Connections – The Ordinance contains two conflicting provisions related to utility connections. First, it states, “ADUs shall obtain separate connections for all utilities, including water and sewer service.
This requirements [sic] shall not apply to JADUs and state exemption ADUs.” Later the Ordinance states, “ADUs shall be required to obtain a new or separate utility connection directly between the ADU and the utility.” This may create confusion for property owners seeking to develop ADUs as allowed by State ADU Law. Government Code section 66311.5, subdivision (d) states, for ADUs and JADUs described in Government Code section 66323, subdivision (a)(1), “a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the unit and the utility or impose a related connection fee or capacity charge, unless the unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342.” Government Code section 66311.5, subdivision (e) authorizes a local agency, special district, or water corporation to require the ADUs that are not described in Government Code section 66323, subdivision (a)(1) to have a new or separate utility connection directly between the ADU and the utility. Therefore, the City must amend the Ordinance in accordance with Government Code section 66311.5 to clarify which ADUs are required to include a new or separate utility connection.
9. Section 17.10.020. C.18. – Exterior Lighting – The Ordinance states, “Where feasible, the exterior lighting must comply with section 17.56.030 (Outdoor A-4
Brandy Forbes, Director of Community Development
Lighting for Residential Uses) of this Code.” However, for state exemption ADUs, Government Code section 66323, subdivision (b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of,” Government Code section 66323, subdivision (a). Government Code section 66323 does not include requirements for exterior lighting; however, all ADUs must comply with the local building code. Additionally, Government Code section 66322, subdivision (b) specifies, “the local agency shall not deny an application for a permit to create an accessory dwelling unit due to the 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 accessory dwelling unit.” The City must amend the Ordinance to reference the precise section of the City’s Building Code that specifies outdoor lighting requirements, if any, and ensure that those provisions are consistent with public health and safety as required by State ADU Law.
10.Section 17.10.020. H. – ADU Covenants – The Ordinance states, “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” as specified. While State ADU Law requires deed restrictions for JADUs as established in Government Code section 66333, subdivision (c), a restrictive covenant is strictly prohibited on an ADU.
Government Code section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owneroccupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” A covenant would be an “additional standard” and thus is unlawful. Therefore, the City must amend the Ordinance to remove the requirement for ADUs to record a restrictive covenant.
11.Section 17.10.030. A.2. – JADU Owner-Occupancy – The Ordinance states, “Owner-occupancy is mandatory. The owner may reside in either the remaining portion of the single-family dwelling or in the newly created JADU. Owneroccupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.” However, Government Code section 66333, subdivision (b) states, “Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.” Therefore, the City must amend the Ordinance to remove the unlawful requirement regarding JADU owner-occupancy if the JADU has separate sanitation facilities, and amend the Ordinance to include all owner exceptions to the separate sanitation requirement.
12.Section 17.10.030. A.3. – JADU Size – The Ordinance states, “The total area of floor space for a JADU shall not exceed 500 square feet.” However, the definition of JADU has been amended by the Legislature. Government Code section 66313, subdivision (e) now defines a JADU as, “a unit that is no more than 500 square A-5
Brandy Forbes, Director of Community Development
feet of interior livable space [emphasis added] in size and contained entirely within a single-family residence.” Therefore, the City must amend the Ordinance to clarify that the size of the JADU shall be determined by measuring the interior livable space.
13.Section 17.10.040. A. – Objective Development Standards and State Exemption ADUs and JADUs – The Ordinance states, “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 any provision of this section.” However, Government Code section 66323, subdivision (b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of paragraphs (1) to (4), inclusive, of subdivision (a).” Therefore, the City must amend the Ordinance to remove this provision that would apply objective design standards to ADUs and JADUs created pursuant to Government Code section 66323.
14.Section 17.10.040. B. – Application of Local Development Standards – The Ordinance states, “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.” This provision violates Government Code section 66321, subdivision (b)(3) which prohibits a local agency to enact by ordinance, “Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, 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 an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” The City’s “state exemption ADUs and JADUs” developed pursuant to Government Code section 66323 are not required to satisfy objective development standards imposed by the Ordinance that are not specifically reflected in Government Code section 66323, as described in HCD’s previous findings.
4 Therefore, the City must amend the Ordinance to clarify that the City’s standards addressing lot coverage, floor area ratio, open space, or minimum lot size do not apply to state exemption ADUs and JADUs.
15.Sections 17.10.040. B.1.a. and 17.10.050. G. – JADU Creation – The Ordinance provides for the creation of a “state exemption” JADU within the “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.” In addition, the Ordinance establishes that a, “junior accessory dwelling may be considered solely within the existing or proposed 4 Gov. Code, § 66323, subd. (b).
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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.” However, the definition of JADU prohibits the creation of a JADU within an existing accessory structure, and prohibits the addition of space to create the JADU. Government Code section 66313, subdivision (e) defines a JADU as, “a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence [emphasis added].” In addition, Government Code section 66333, subdivision (d) requires the Ordinance to, “Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.” Therefore, the City must amend the Ordinance to align its JADU requirements with State ADU Law so that JADUs may only be created and contained entirely within a proposed or existing single-family residence.
16.Section 17.10.040. B.2. – State Exemption ADU Unit Combination on a SingleFamily Lot – The Ordinance states, “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)… 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).” However, Government Code section 66323, subdivision (a) has been amended to expressly allow a property owner to create “any of the following units, or any combination of the” specified units. For a lot with a proposed or existing single-family dwelling, Government Code section 66323, subdivision (a)(1) allows a property owner to create one JADU and one ADU within the space of an existing or proposed singlefamily dwelling, and for an ADU, within the existing space of an accessory structure. On the same lot, Government Code section 66323, subdivision (a)(2) allows a property owner to create one detached, new construction ADU that is up to 800 square feet, that does not exceed four-foot side and rear yard setbacks and satisfies the height requirements of State ADU Law. Therefore, the City must amend the Ordinance to allow the detached ADU described in paragraph (2) of Section 17.10.040.B to be created in combination with both the JADU and the ADU combinations described in paragraph (1) of Section 17.10.040.B.
17.Section 17.10.050. A. – Allowing ADUs in Mixed-Use Zones – The Ordinance states, “ADUs and/or JADUs, either attached or detached, which adhere to the standards in section 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 A-7
Brandy Forbes, Director of Community Development
review by the director.” However, State ADU Law provides that ADUs and JADUs may be created in mixed-use zones. Specifically, Government Code section 66314 provides that local ADU ordinances must, “provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use.” In addition, Government Code section 66323, subdivision (a) states, “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination,” of the specified ADUs. Therefore, the City must amend the Ordinance so that it does not preclude or prohibit the development of ADUs in mixed-use zones when a lot has a proposed or existing primary dwelling.
Additionally, the City must remove the site plan review by the director to reflect nondiscretionary, ministerial approval of Government Code section 66323 ADUs and JADUs.
18.Section 17.10.050.B. – ADU Application Review Timeline – The Ordinance states, “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.” However, Government Code section 66317, subdivision (a)(2)(A) requires a permitting agency to “determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 [emphasis added] business days after the permitting agency received the application,” as specified. Therefore, the City must amend the Ordinance to provide all the statutorily mandated notifications and due process for ADU applications as reflected in Government Code section 66317.
19.Section 17.10.050. I. – Pathway to Compliance for Unpermitted ADUs – The Ordinance states, “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 Section 17920.3 of the Health and Safety Code.” However, Government Code section 66311.7 applies to unpermitted ADUs and JADUs constructed before January 1, 2020. The City must amend the Ordinance to reflect the accurate construction date specified in State ADU Law.
The City has two options in response to this letter.5 The City can either 1) amend the Ordinance to comply with State ADU Law6 or 2) adopt the Ordinance without changes and include findings in its resolution accompanying the Ordinance that explain the 5 Gov. Code, § 66326, subd. (c)(1).
6 Gov. Code, § 66326, subd. (b)(2)(A).
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reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings.7 If the City fails to take either course of action, or if HCD finds that the newly adopted Ordinance remains out of compliance with State ADU Law despite the City’s findings and explanations, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.8 HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please feel free to contact Reshma Lal at [email protected] if you have any questions or wish to discuss any of HCD’s findings.
Sincerely,
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
7 Gov. Code, § 66326, subd. (b)(2)(B).
8 Gov. Code, § 66326, subd. (c)(1).
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l
City of Rancho Palos Verdes COMMUNITY DEVELOPMENT
30940 HAWTHORNE BLVD./ RANCHO PALOS VERDES, CA 90275-5391 /(310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV September 23, 2026
Jamie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
Department of Housing and Community Development
Division of Housing Policy Development
651 Bannon Street
10th Floor, Suite 400
Sacramento, CA 95811
Via Email: [email protected]
Subject: Response to Review of Rancho Palos Verdes’ Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310–66342) Dear Jamie Candelaria:
The City of Rancho Palos Verdes (City) is in receipt of the California Department of Housing and Community Development’s (HCD) letter dated September 8, 2026 providing the review findings of City’s Accessory Dwelling Unit Ordinance that was adopted on June 18, 2024 (Ordinance No. 681). Please accept this letter as the required written response to those findings, meeting the October 8, 2026 deadline, providing the City’s plan and intent to amend the current ordinance.
The City Council, at its upcoming October 6, 2026 meeting, will consider officially initiating code amendments to Ordinance No. 681. Once initiated, City Staff will draft the amended code language to align with HCD’s findings provided in the September 8, 2026 letter.
Once drafted, a public hearing will be scheduled for the Planning Commission to review and provide a recommendation to the City Council for its consideration. It is expected that the Planning Commission’s public hearing will be scheduled in December 2026 or early January 2027.
The Planning Commission’s recommendation will then be considered by the City Council at a duly noticed public hearing for introduction of the ordinance, with a subsequent meeting to have a second reading and adoption of the ordinance codifying the code text amendments. Once adopted, the ordinance will become effective 30 days later. The intent C-1
Response to HCD Review of Rancho Palos Verdes’ ADU Ordinance September 23, 2026
is for the amended ordinance to be adopted by February 2027. The City will provide regular updates and copies of the staff reports to HCD’s Housing Policy Analyst Reshma Lal as hearings are scheduled to confirm that the amendment process is being followed.
As the City is preparing and moving through the adoption process with amending the current ordinance, the City will ensure that review of development applications is in compliance with the State ADU Law.
After reviewing the findings listed in the September 8, 2026 HCD letter, the City requests clarification regarding three of the findings listed, as follows:
• Item #5, under Gov Code 66314 (d)(4) there is a percentage restriction that states, “If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.” And (d)(5) states, “The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.” As well, Gov Code 66321 does allow a local agency to establish minimum and maximum unit size requirements, however, it may be that our code doesn’t exactly match this. Or this comment may be intended for ADUs that meet the requirements of subdivision (a) [state exemption ADUs] only. This needs clarification.
• Item #7, HCD references the code regarding not imposing objective standards, so long as the ADU meets the requirements of subdivision (a). However, this finding goes on to say that ADUs permitted under the entirety of the government code section may be placed in the front setback. It seems that more precisely it should be that for ADUs that meet the requirements of subdivision (a) [state exemption ADUs], the City shall not impose the restriction for front yard setback. This needs clarification. • Item #13, similar to Item #7, it seems that the City would need to remove provisions that would apply objective design standards to ADUs and JADUs created that meet the requirements of subdivision (a) [state exemption ADUs]. This needs clarification.
Per the recommendation in your September 8, 2026 letter, City Staff will coordinate with Reshma Lal to discuss these findings to ensure that the draft amendments, prior to being presented to the Planning Commission and City Council, are in compliance with State ADU Law.
Sincerely,
Brandy Forbes, AICP
Director of Community Development
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Response to HCD Review of Rancho Palos Verdes’ ADU Ordinance September 23, 2026
Cc: Mayor Paul Seo and Rancho Palos Verdes City Council Chair Eric Nulman and Rancho Palos Verdes Planning Commission Ara Mihranian, AICP, Rancho Palos Verdes City Manager
William Wynder, Rancho Palos Verdes City Attorney
Reshma Lal, HCD Housing Policy Analyst via email at [email protected]
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