Agenda packet — Rolling Hills City Council, August 8, 2022 (part 1 of 2)

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS

5. BLUE FOLDER ITEMS (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

5.A. FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL

MEETING
RECOMMENDATION: Approved

6. PUBLIC COMMENT ON NON-AGENDA ITEMS
This is the appropriate time for members of the public to make comments regarding itemsnot listed on this agenda.

Pursuant to the Brown Act, no action will take place on any items not on the agenda.

7. CONSENT CALENDAR
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Mayor or any Councilmember may request that any Consent Calendar item(s) be removed, 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
AGENDA
Regular City Council Meeting

CITY COUNCIL
Monday, August 08, 2022

CITY OF ROLLING HILLS
7:00 PM
The meeting agenda is available on the City’s website. The City Council meeting will be live-streamed on the City’s website.

Both the agenda and the live-streamed video can be found here:
https://www.rolling-hills.org/government/agenda/index.php Members of the public may submit written comments in real-time by emailing the City Clerk’s office at [email protected].

Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information that you do not want to be published.

Recordings to City Council meetings can be found here: https://www.rolling-hills.org/government/agenda/index.php Next Resolution No. 1304 Next Ordinance No. 380
CL_AGN_220808_CC_BlueFolderItem_7C.pdf
CL_AGN_220808_CC_BlueFolderItem_7F.pdf
CL_AGN_220808_CC_BlueFolderItem_7I_InitialFundingReq.pdf CL_AGN_220808_CC_BlueFolderItem_10A.pdf
CL_AGN_220808_CC_BlueFolderItem_11A.pdf
1 discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the "Excluded Consent Calendar" section below. Those items remaining on the Consent Calendar will be approved in one motion. The Mayor will call on anyone wishing to address the City Council on any Consent Calendar item on the agenda, which has not been pulled by Councilmembers for discussion.

7.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF AUGUST 8, 2022
RECOMMENDATION: Approve.

7.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER

READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
RECOMMENDATION: Approve.

7.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JULY 25, 2022 RECOMMENDATION: Approve as presented.

7.D. PAYMENT OF BILLS
RECOMMENDATION: Approve as presented.

7.E. RECEIVE AND FILE IRRIGATION SURVEY OF THE CITY HALL CAMPUS AND

RECOMMENDATIONS BY EVAN SMITH LANDSCAPE ARCHITECT
RECOMMENDATION: Receive and File.

7.F. FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 377 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE

MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE LAW

REGARDING EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

RECOMMENDATION: Adopt by title only Ordinance No. 377, entitled "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,

CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE

TO ENSURE CONSISTENCY WITH STATE LAW REGARDING EMPLOYEE,

SUPPORTIVE, AND TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.”

7.G. FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 378 AMENDING SECTION 17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOME.

RECOMMENDATION: Adopt Ordinance No. 378, entitled, "AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING SECTION 17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOMES.”
CL_AGN_220808_CC_AffidavitofPosting.pdf
CL_MIN_220725_CC_F.pdf
CL_MIN_220725_CC_F_A.pdf
CL_AGN_220808_PaymentOfBills.pdf
PW_LAN_220505_IrrigationSurvey_Recommendations.pdf
Ordinance No. 377_EmployeeSupportiveTransitionalHousing-c1.pdf 377_EmployeeSupportiveTransitionalHousing.pdf
2 7.H. FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 379 ADDING CHAPTER 17.62 TO THE ROLLING HILLS

MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER

AFFORDABLE HOUSING INCENTIVES REQUIRED BY STATE LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

RECOMMENDATION: Adopt by title only Ordinance No. 379, entitled “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADDING CHAPTER 17.62 TO THE ROLLING HILLS MUNICIPAL

CODE REGARDING DENSITY BONUSES AND OTHER AFFORDABLE

HOUSING INCENTIVES REQUIRED BY STATE LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.”

7.I. RECEIVE AND FILE AN UPDATE ON THE CREST ROAD EAST AND

EASTFIELD DRIVE ELECTRIC UTILITY UNDERGROUNDING PROJECTS RECOMMENDATION: Receive and file

7.J. RECEIVE AND FILE REPORT ON CITY AND ROLLING HILLS COMMUNITY ASSOCIATION COORDINATION MEETINGS ON MAY 31, 2022 AND JULY 18, 2022
RECOMMENDATION: Receive and file.

7.K. RECOMMENDED ADJUSTMENTS TO FISCAL YEAR 2021-22 BUDGET RECOMMENDATION: Approve the recommended budget adjustments to the General Fund, Refuse Fund, and Measure W Fund as detailed in the attached Schedule of Recommended Budget Adjustments.

8. EXCLUDED CONSENT CALENDAR ITEMS

9. COMMISSION ITEMS

10. PUBLIC HEARINGS

10.A. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 376 AMENDING CHAPTER 17.28 OF THE MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA RECOMMENDATION:

1. Open the public hearing, receive public testimony, close the public hearing; and

2. Introduce for first reading by title only Ordinance No. 376 which:
a. Amends RHMC Chapter 17.28 regarding ADUs and JADUs; and b. Finds that the adoption of the Ordinance is statutorily exempt from review under CEQA pursuant to Public Resources Code Section 21080.17.

Ordinance No. 378_Family_Day_Care__Homes.A.pdf
Ordinance No. 379-Density_Bonus_and_Affordable_Housing_Incentives.pdf CL_AGN_220808_CC_BlueFolderItem_7I_InitialFundingReq.pdf CL_AGN_220808_CC_ScheduleOfRecommendedBudgetAdjustments.pdf Attachment 1 - Resolution No. 2022-09.pdf
3 11. OLD BUSINESS

11.A. RECEIVE ADDITIONAL INFORMATION ON POTENTIAL SITES FOR THE

OUTDOOR SIREN SYSTEM, CONSIDER OPTION D AND ENGAGE HQE FOR A

FULL FEASIBILITY STUDY
RECOMMENDATION: Review and consider Solution D and engage HQE for a full feasibility study.

12. NEW BUSINESS

13. MATTERS FROM THE CITY COUNCIL

13.A. REVIEW EXISTING POLICY ON CITY COUNCIL EXPENDITURES AND

CONSIDER ADDING CERTAIN PROVISIONS SPECIFIED BY THE CITY

COUNCIL
RECOMMENDATION: Consider revisions to Resolution 1002 and approve.

14. MATTERS FROM STAFF

14.A. RECEIVE AND FILE AN UPDATE ON A SECOND REVIEW BY CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) OF

THE DRAFT SIXTH CYCLE HOUSING ELEMENT
RECOMMENDATION: Receive and file.

15. RECESS TO CLOSED SESSION

16. RECONVENE TO OPEN SESSION

17. ADJOURNMENT
Next regular meeting: Monday, August 22, 2022 at 7:00 p.m. in the City Council Chamber, Rolling Hills City Hall, 2 Portuguese Bend Road, Rolling Hills, California, 90274.

Attachment 2 - Ordinance No. 376.pdf
Attachment 3 - Chapter 17.28_Exhibit A.pdf
Attachment 4 - Chapter 17.28 (REDLINE).pdf
Attachment 5 - Letter from HCD dated 6-24-22.pdf
Attachment 6 - Letter_HCD_ADU_Ordinance_072322.pdf
Exhibit A - Updated ADU Ordinance (July 2022)-c1.pdf
UPDATED ADU REDLINE - FINAL (Jul. 2022)-c1.pdf
HQE Systems - Mass Notification Systems Installation Study - The City of Rolling Hills V3 (Email).pdf
8-8-2022_Outdoor Siren Feasibility Study.pdf
HQE_Professional_Svcs_Agreement_Exhibit_A_Exhibit_B_E.pdf CA_AGR_220429_PSA_HQE_Amendment01_E.pdf
CC_AGN_220808_AB1234_ReimbursementPolicy_ProposedRevisions.pdf CC_TRV_220801_Expense_Reimbursable_Template.pdf
ResolutionNo1002-AB1234policy.pdf
madRollingHillsdraft7212022.pdf
Notice:

Public Comment is welcome on any item prior to City Council action on the item. 4 Public Comment is welcome on any item prior to City Council action on the item.

Documents pertaining to an agenda item received after the posting of the agenda are available for review in the City Clerk's office or at the meeting at which the item will be considered.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting due to your disability, please contact the City Clerk at (310) 377-1521 at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility and accommodation for your review of this agenda and attendance at this meeting. 5 Agenda Item No.: 5.A
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: FOR BLUE FOLDER DOCUMENTS APPROVED AT THE CITY COUNCIL

MEETING
DATE: August 08, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approved.

ATTACHMENTS:

CL_AGN_220808_CC_BlueFolderItem_7C.pdf
CL_AGN_220808_CC_BlueFolderItem_7F.pdf
CL_AGN_220808_CC_BlueFolderItem_7I_InitialFundingReq.pdf CL_AGN_220808_CC_BlueFolderItem_10A.pdf
CL_AGN_220808_CC_BlueFolderItem_11A.pdf
6 BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

CITY COUNCIL MEETING
August 8, 2022

7.C APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JULY 25, 2022 FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY

MANAGER
CL_MIN_220725_CC_F_A.pdf
7 BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

CITY COUNCIL MEETING
August 8, 2022

7.F FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 377 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING

HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE

TO ENSURE CONSISTENCY WITH STATE LAW REGARDING EMPLOYEE,

SUPPORTIVE, AND TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY

MANAGER
377_EmployeeSupportiveTransitionalHousing.pdf
8 Table 1. Initial Funding Commitments
Grant Local Match
Crest Road East $1,145,457 $381,819
Eastfield Drive $1,971,882 $657,294
Total $3,117,339 $1,039,113
9 BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

CITY COUNCIL MEETING
August 8, 2022

10.A PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 376 AMENDING CHAPTER 17.28 OF THE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY

MANAGER
Exhibit A - Updated ADU Ordinance (July 2022)-c1.pdf
UPDATED ADU REDLINE - FINAL (Jul. 2022)-c1.pdf
10 BLUE FOLDER ITEM (SUPPLEMENTAL)
Blue folder (supplemental) items are additional back up materials to administrative reports, changes to the posted agenda packet, and/or public comments received after the printing and distribution of the agenda packet for receive and file.

CITY COUNCIL MEETING
August 8, 2022

11.A RECEIVE ADDITIONAL INFORMATION ON POTENTIAL SITES FOR THE OUTDOOR

SIREN SYSTEM, CONSIDER OPTION D AND ENGAGE HQE FOR A FULL

FEASIBILITY STUDY
FROM: CHRISTIAN HORVATH, CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY

MANAGER
CA_AGR_220429_PSA_HQE_Amendment01_E.pdf
HQE_Professional_Svcs_Agreement_Exhibit_A_Exhibit_B_E.pdf 11 Agenda Item No.: 7.A
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF AUGUST 8, 2022
DATE: August 08, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:

CL_AGN_220808_CC_AffidavitofPosting.pdf
12 Administrative Report

7.A., File # 1351 Meeting Date: 08/8/2022
To: MAYOR & CITY COUNCIL
From: Christian Horvath, City Clerk
TITLE
APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF AUGUST 8, 2022

EXECUTIVE SUMMARY

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF ROLLING HILLS )

AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations below.

Legislative Body City Council
Posting Type Regular Meeting Agenda
Posting Location 2 Portuguese Bend Road, Rolling Hills, CA 90274 City Hall Window
City Website: https://www.rolling-hills.org/government/agenda/index.php https://www.rolling-hills.org/government/city_council/city_council_archive_agendas/index.php Meeting Date & Time August 8, 2022 7:00pm Open Session
As City Clerk of the City of Rolling Hills, I declare under penalty of perjury, the document noted above was posted at the date displayed below.

Christian Horvath, City Clerk
Date: August 5, 2022
13 Agenda Item No.: 7.B
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER

READING OF ALL ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA
DATE: August 08, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve.

ATTACHMENTS:
14 Agenda Item No.: 7.C
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JULY 25, 2022 DATE: August 08, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_MIN_220725_CC_F.pdf
CL_MIN_220725_CC_F_A.pdf
15 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 1 ends

Minutes
Rolling Hills City Council
Monday, July 25, 2022
Regular Meeting 7:00 p.m.

1. CALL TO ORDER
The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Pro Tem Pat Wilson presiding.

2. ROLL CALL
Councilmembers Present: Dieringer, Mirsch, Mayor Pro Tem Wilson, Councilmembers Absent: Pieper, Mayor Black
Staff Present: Elaine Jeng, City Manager
Jane Abzug, Deputy City Attorney
John Signo, Planning & Community Services Director
Christian Horvath, City Clerk / Executive Assistant to the City Manager Robert Samario, Finance Director
Vanessa Hevener, Senior Management Analyst

3. PLEDGE OF ALLEGIANCE – Councilmember Mirsch

4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS

4.A. PRESENTATION BY WEST BASIN MUNICIPAL WATER DISTRICT Presentation by E.J. Caldwell, West Basin Municipal Water District Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

4.B. RECOGNIZE DEPUTY CITY ATTORNEY JANE ABZUG FOR HER SERVICE TO THE CITY OF

ROLLING HILLS
Presentation by Elaine Jeng, City Manager
Mayor Pro Tem Wilson
Mayor Pro Tem Wilson thanked Deputy City Attorney Abzug for her service and presented a Certificate of Recognition.

4.C. PRESENTATION FROM RANCHO PALOS VERDES' PROJECT ON WILDFIRE CAMERA

DETECTION SYSTEM
Presentation by Rancho Palos Verdes City Manager, Ara Mihranian, and Senior Administrative Analyst Emergency Preparedness, Jesse Villalpando
Public Comment: Arlene Honbo
16 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 2 ends

Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 13.A. Without objection, so ordered.

13. MATTERS FROM THE CITY COUNCIL

13.A. UPDATE ON SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REGIONAL

PLANNER SPECIAL ASSESSMENT (DIERINGER)
Presentation by SBCCOG Chair & Rancho Palos Verdes Councilmember John Cruikshank Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to pay the additional $1000 assessment fee for the SBCCOG Regional Planner. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 12.B. Without objection, so ordered.

12.B. REVIEW AMENDED GENERAL FUND RESERVE POLICY AND PROVIDE DIRECTION TO STAFF Presentation by Robert Samario, Finance Director
Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to refer this discussion back to the Finance/Audit/Budget Committee. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 5. Without objection, so ordered.

5. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE

6. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE

7. CONSENT CALENDAR

7.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JULY 25, 2022

7.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL

ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA

7.C. PULLED BY COUNCILMEMBER DIERINGER
17 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 3 ends

7.D. PAYMENT OF BILLS

7.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR JUNE 2022

7.F. PULLED BY COUNCILMEMBER DIERINGER

7.G. ADOPT RESOLUTION NO. 1297 UPDATING THE CONSOLIDATED TAX AND FEE SCHEDULE

REGARDING THE COMMITTEE ON TREES AND VIEWS PROCESSING FEE FOR VIEW CASES

7.H. RECEIVE AND FILE PENDING MONSANTO CLASS ACTION SETTLEMENT RELATING TO

STORMWATER COMPLIANCE
Public Comment: Jim Aichele
Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to approve Consent Calendar excluding Items 7C and 7F. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

8. EXCLUDED CONSENT CALENDAR ITEMS

7.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JULY 11, 2022 Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Wilson to accept as written. Motion carried with the following vote:

AYES: Mirsch, Mayor Pro Tem Wilson
NOES: Dieringer
ABSENT: Pieper, Mayor Black

7.F. APPROVE REIMBURSEMENT REQUEST FOR COSTS INCURRED BY WOMEN'S CLUB

BEAUTIFICATION COMMITTEE TO IMPROVE VIEWING SITE ON CREST ROAD Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Wilson to approve the reimbursement request. Motion carried with the following vote:

AYES: Mirsch, Mayor Pro Tem Wilson
NOES: Dieringer
ABSENT: Pieper, Mayor Black

9. COMMISSION ITEMS – NONE

9.A. ZONING CASE NO. 21-02: REQUEST FOR APPROVAL OF A SITE PLAN REVIEW TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A NEW 5,215-SQUARE-FOOT SINGLE-FAMILY RESIDENCE AND RELATED IMPROVEMENTS; AND A VARIANCE TO

CONSTRUCT A FIVE-FOOT-HIGH RETAINING WALL IN THE SETBACK AREA AND CONDUCT NON-EXEMPT GRADING ON A PROPERTY LOCATED AT 11 FLYING MANE ROAD (LOT 53-

SF), ROLLING HILLS, CA (NEVENKA LCC)
Presentation by John Signo, Planning & Community Services Director 18 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 4 ends

Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

9.B. ZONING CASE NO. 22-44: REQUEST FOR APPROVAL OF A SECOND MAJOR MODIFICATION

TO A SITE PLAN REVIEW TO RELOCATE THE DRIVEWAY APRON, CONSTRUCT MAXIMUM FIVE-FOOT-HIGH RETAINING WALLS, AND FOR NON-EXEMPT GRADING; CONDITIONAL USE PERMIT TO CONSTRUCT A 750-SQUARE-FOOT STABLE AND CORRAL; AND VARIANCE

REQUESTS TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE, CONSTRUCT A

STABLE AND CORRAL IN THE FRONT YARD, CONSTRUCT IN THE FRONT SETBACK AREA, AND FOR RETAINING WALLS THAT EXCEED A HEIGHT OF 3 FEET UP TO A MAXIMUM OF 5 FEET IN THE FRONT YARD SETBACK FOR A PROPERTY LOCATED AT 8 MIDDLERIDGE LANE SOUTH (LOT 254-UR), ROLLING HILLS, CA 90274 (CIMMARUSTI) Presentation by John Signo, Planning & Community Services Director Public Comment: Jim Aichele, Cris Gunderson
Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 12.A . Without objection, so ordered.

12. NEW BUSINESS

12.A. APPROVE ROLLING HILLS COMMUNITY ASSOCIATION'S REQUEST TO INSTALL NATURAL

GAS UNIT TO SUPPLY STAND-BY POWER FOR THE CITY HALL CAMPUS Presentation by Elaine Jeng, City Manager
Kristen Raig, Rolling Hills Community Association Manager Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to approve RHCA request to get more information from the vendor and share with the City Council. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10. PUBLIC HEARINGS

10.A. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 377

AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE TO ENSURE CONSISTENCY

WITH STATE LAW REGARDING EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL HOUSING

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
19 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 5 ends

Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to introduce for first reading by title only ordinance No. 377 which: Amends various sections of the RHMC to ensure consistency with State law regarding employee, supportive, and transitional housing; and Finds that the adoption of the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) and direct staff to schedule a second reading for the August 8, 2022 City Council meeting. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10.B. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 378 AMENDING SECTION 17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO

FAMILY DAY CARE HOMES
Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to introduce for first reading by title only Ordinance No. 378, amending section 17.19.030 of the Rolling Hills Municipal Code relating to Family Day Care Homes and direct staff to schedule a second reading for the August 8, 2022 City Council meeting. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10.C. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 379 ADDING CHAPTER 17.62 TO THE ROLLING HILLS MUNICIPAL CODE REGARDING DENSITY

BONUSES AND OTHER AFFORDABLE HOUSING INCENTIVES REQUIRED BY STATE LAW

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to introduce for first reading by title only Ordinance No. 379, which: Adds Chapter 17.62 to the Rolling Hills Municipal Code regarding density bonuses and other affordable housing incentives required by State law; and Finds that the adoption of the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15358, 15305, and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3)and direct staff to schedule a second reading for the August 8, 2022 City Council meeting. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

11. OLD BUSINESS – NONE
20 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 6 ends

14. MATTERS FROM STAFF
City Manager Jeng introduced new Deputy City Attorney Patrick Donegan

15. RECESS TO CLOSED SESSION – NONE

16. RECONVENE TO OPEN SESSION – NONE

17. ADJOURNMENT: 10:41 P.M.

The meeting was adjourned at 10:41 p.m on July 25, 2022. The next regular meeting of the City Council is scheduled to be held on Monday, August 8, 2022 beginning at 7:00 p.m. in the City Council Chamber at City Hall, 2 Portuguese Bend Road, Rolling Hills, California. It will also be available via City’s website link at:
https://www.rolling-hills.org/government/agenda/index.php All written comments submitted are included in the record and available for public review on the City website.

Page 1 ends

Minutes
Rolling Hills City Council
Monday, July 25, 2022
Regular Meeting 7:00 p.m.

1. CALL TO ORDER
The City Council of the City of Rolling Hills met in person on the above date at 7:00 p.m. Mayor Pro Tem Pat Wilson presiding.

3. PLEDGE OF ALLEGIANCE – Councilmember Mirsch

4. PRESENTATIONS/PROCLAMATIONS/ANNOUNCEMENTS

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

4.B. RECOGNIZE DEPUTY CITY ATTORNEY JANE ABZUG FOR HER SERVICE TO THE CITY OF

ROLLING HILLS
Presentation by Elaine Jeng, City Manager
Mayor Pro Tem Wilson
Mayor Pro Tem Wilson thanked Deputy City Attorney Abzug for her service and presented a Certificate of Recognition.

4.C. PRESENTATION FROM RANCHO PALOS VERDES' PROJECT ON WILDFIRE CAMERA

DETECTION SYSTEM
Presentation by Rancho Palos Verdes City Manager, Ara Mihranian, and Senior Administrative Analyst Emergency Preparedness, Jesse Villalpando
Public Comment: Arlene Honbo
22 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 2 ends

Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 13.A. Without objection, so ordered.

13. MATTERS FROM THE CITY COUNCIL

13.A. UPDATE ON SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) REGIONAL

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 12.B. Without objection, so ordered.

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 5. Without objection, so ordered.

5. BLUE FOLDER ITEMS (SUPPLEMENTAL) – NONE

6. PUBLIC COMMENT ON NON-AGENDA ITEMS – NONE

7. CONSENT CALENDAR

7.A. APPROVE AFFIDAVIT OF POSTING FOR THE CITY COUNCIL REGULAR MEETING OF JULY 25, 2022

7.B. APPROVE MOTION TO READ BY TITLE ONLY AND WAIVE FURTHER READING OF ALL

ORDINANCES AND RESOLUTIONS LISTED ON THE AGENDA

7.C. PULLED BY COUNCILMEMBER DIERINGER
23 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 3 ends

7.D. PAYMENT OF BILLS

7.E. REPUBLIC SERVICES RECYCLING TONNAGE REPORT FOR JUNE 2022

7.F. PULLED BY COUNCILMEMBER DIERINGER

7.G. ADOPT RESOLUTION NO. 1297 UPDATING THE CONSOLIDATED TAX AND FEE SCHEDULE

REGARDING THE COMMITTEE ON TREES AND VIEWS PROCESSING FEE FOR VIEW CASES

7.H. RECEIVE AND FILE PENDING MONSANTO CLASS ACTION SETTLEMENT RELATING TO

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

8. EXCLUDED CONSENT CALENDAR ITEMS

7.C. APPROVE THE FOLLOWING CITY COUNCIL MINUTES: JULY 11, 2022 Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Wilson to accept as written. Motion carried with the following vote:

AYES: Mirsch, Mayor Pro Tem Wilson
NOES: Dieringer
ABSENT: Pieper, Mayor Black

7.F. APPROVE REIMBURSEMENT REQUEST FOR COSTS INCURRED BY WOMEN'S CLUB

BEAUTIFICATION COMMITTEE TO IMPROVE VIEWING SITE ON CREST ROAD Motion by Councilmember Dieringer to approve the reimbursement request but only out of this year’s potential budget allocation to the Women’s Club. Motion failed for lack of a second.

Motion by Councilmember Mirsch, seconded by Mayor Pro Tem Wilson to approve the reimbursement request. Motion carried with the following vote:

AYES: Mirsch, Mayor Pro Tem Wilson
NOES: Dieringer
ABSENT: Pieper, Mayor Black

9. COMMISSION ITEMS – NONE

CONSTRUCT A FIVE-FOOT-HIGH RETAINING WALL IN THE SETBACK AREA AND CONDUCT NON-EXEMPT GRADING ON A PROPERTY LOCATED AT 11 FLYING MANE ROAD (LOT 53-

SF), ROLLING HILLS, CA (NEVENKA LCC)
24 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 4 ends

Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Mirsch, seconded by Councilmember Dieringer to receive and file. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

9.B. ZONING CASE NO. 22-44: REQUEST FOR APPROVAL OF A SECOND MAJOR MODIFICATION

REQUESTS TO EXCEED THE MAXIMUM PERMITTED DISTURBANCE, CONSTRUCT A

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black
Mayor Pro Tem Wilson moved to Item 12.A . Without objection, so ordered.

12. NEW BUSINESS

12.A. APPROVE ROLLING HILLS COMMUNITY ASSOCIATION'S REQUEST TO INSTALL NATURAL

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10. PUBLIC HEARINGS

10.A. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 377

AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE TO ENSURE CONSISTENCY 25 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 5 ends

WITH STATE LAW REGARDING EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL HOUSING

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
Presentation by John Signo, Planning & Community Services Director Motion by Councilmember Dieringer, seconded by Councilmember Mirsch to introduce for first reading by title only ordinance No. 377 which: Amends various sections of the RHMC to ensure consistency with State law regarding employee, supportive, and transitional housing; and Finds that the adoption of the Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) and direct staff to schedule a second reading for the August 8, 2022 City Council meeting. Motion carried unanimously with the following vote:

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10.B. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 378 AMENDING SECTION 17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

10.C. PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF ORDINANCE NO. 379 ADDING CHAPTER 17.62 TO THE ROLLING HILLS MUNICIPAL CODE REGARDING DENSITY

BONUSES AND OTHER AFFORDABLE HOUSING INCENTIVES REQUIRED BY STATE LAW

AYES: Dieringer, Mirsch, Mayor Pro Tem Wilson
NOES: None
ABSENT: Pieper, Mayor Black

11. OLD BUSINESS – NONE
26 MINUTES – CITY COUNCIL MEETING
Monday, July 25, 2022

Page 6 ends

14. MATTERS FROM STAFF
City Manager Jeng introduced new Deputy City Attorney Patrick Donegan

15. RECESS TO CLOSED SESSION – NONE

16. RECONVENE TO OPEN SESSION – NONE

17. ADJOURNMENT: 10:41 P.M.

Respectfully submitted,
____________________________________
Christian Horvath, City Clerk
Approved,
____________________________________
James Black, M.D., Mayor
27 Agenda Item No.: 7.D
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: PAYMENT OF BILLS
DATE: August 08, 2022
BACKGROUND:

None.

DISCUSSION:

None.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve as presented.

ATTACHMENTS:

CL_AGN_220808_PaymentOfBills.pdf
28 29
Agenda Item No.: 7.E
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO

CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: RECEIVE AND FILE IRRIGATION SURVEY OF THE CITY HALL

CAMPUS AND RECOMMENDATIONS BY EVAN SMITH LANDSCAPE

ARCHITECT
DATE: August 08, 2022
BACKGROUND:

At the February 14, 2022 meeting, the City Council approved services with Evan Smith Landscape Architect for a not to exceed amount of $6,000 at $150 per hour on an as-needed basis.

The scope of work for Evan Smith Landscape Architect included an inventory of existing irrigation system, record the inventory on landscape plans, identify and record existing plant palette, assess the general condition of existing landscaping, and provide recommendations for improvements.

DISCUSSION:

The initial attached report by Evan Smith is intended to convey the current conditions and his preliminary recommendations for the irrigation system on the City Hall Campus.

Staff will reformat the recommendations and advertise for construction bids to implement the recommended measures.

FISCAL IMPACT:

The City Council had approved a not to exceed amount of $6,000.00. The city was invoiced $3,630.00. This expense is funded by General Fund, department 75 City Properties under account 932 dedicated for landscaping. There was sufficient budget in the referenced account in the adopted FY2021-2022 budget.

RECOMMENDATION:
30 Receive and file.

ATTACHMENTS:

PW_LAN_220505_IrrigationSurvey_Recommendations.pdf
31

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Irrigation Survey & Recommendations
for City of Rolling Hills Campus
May 5th, 2022
by Evan Smith Landscape Architect #4716
Opening
The following is intended to convey the current conditions and recommendations for the irrigation system found on the Rolling Hills City Hall & Community Association campus during my survey in April 2022.

The report will index the campus using the TWO Irrigation Controllers on site and their associated Irrigation Zones for referencing the numerous areas on this campus.

I.e. 2-12 would be Controller #2 Zone 12
A Zone Map for each Controller is attached.These Zones are indicated using assorted hatching and shows the areas each Irrigation Zone covers when activated.

The Irrigation Zone Schedules shows the Time of activation, Duration Zone is watered ( minuets) & Frequency ( days activated ) each Zone is set for watering individual Zone. This schedule shows the current settings. See attached Recommendations for each Zone and overall improvements will be address in this report.

Components of the Irrigation System
- Water Main = Direct service from the municipal water source - Back Flow Device = Prevents water from reversing flow back into the municipal water supply and/or potable water supply ( i.e. into the buildings) This is a health regulation as ground water & pollutants could be pulled back into the potable water supply.
- Pressure Regulator = Municipal Water Supply can often be delivered at a very high pressure. This device lowers the water pressure to an acceptable level for both irrigation and potable uses.
- Irrigation Controllers - Two “Hunter I-Core” are found on campus. This controller is approximately 10+ years old and is good working condition. 32

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Components of the Irrigation System - continued
Controller #1 is located on the East wall of the City Hall building near the rear entrance. This Controller activates the planters surrounding the City Hall building, The planters along Portuguese Bend Road, along a portion of PV Drive North & the planter along the south side of the entry way.

Controller #2 is located on the North wall of the Community Association behind the Maintenance Garage. This Controller activates the Lawn Area & associated planters, and the planters along the North, South & East sides of the property.
- Irrigation Valves = To water a specific Zone a valve is turned on and off by the respective controller.

These valves should only be associated with one type of irrigation method. I.e. either Spray or drip.

Types of Irrigation
Three main Irrigation devices are used on the Rolling Hills Campus. 1 - Pop-Up / Spray : Using hydraulic pressure a spray nozzle is raised several inches above ground level to distribute water over a given area. When the water is shut off the spray nozzle returns to its housing and is below ground level. These have a preset height which are selected according to the situation.
2 - Fixed / Spray ( Shrub Head ): A fixed piece of irrigation pipe holds the nozzle above ground. This is a static piece and does not move. These can be easily raised or lowered as needed.
3 - Drip Line ( hose) A flexible hose is placed in the area to be irrigated. This hose has numerous small holes spaced along its length to distribute water over the soil.

Note: A “Nozzle” is a replaceable spray device used to distribute the water.

They come in a variety of sizes to spread the water over a given area so the plantings can be properly watered according to their specific needs.

This can be the distance required. I.e a 8ft nozzle will spray 8ft +- They come in a variety of arcs from a few degrees up to 360°.

They come in a variety of flow rates measured in GPM ( Gallons Per Minuet ) for a standard nozzle. These can range from 0.2 up to 3.7 GPM 33

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Other Irrigation Considerations
Soil = Rolling Hills has a very heavy clay soil. This soil is very slow in absorbing water and very slow to let water evaporate or be absorbed.

Exposure = The campus has a varied exposures ranging from the Northern edge getting several hours of direct sun light to the Southern edge having heavy shade from neighboring trees.

Plantings = Plants should be grouped together according to their sun, soil and watering needs. This allows each group the receive the same care and water allowing for optimal growth. I.e. you should not plant a cactus with a lawn.

SURVEY FINDINGS
Irrigation System
The overall appearance of the irrigation system shows that the only portions are currently working and keeping the existing plants alive.

Several areas are NOT working with some plantings surviving and other plantings which have died.

The AGE of the system is one of the main faults of the existing system. The original plans (provided for this survey) are dated 1992-3 making the system close to 30 years old.

This AGE has caused several failures during the time I spent on this survey:
- An irrigation main line ( i.e. always caring water ) broke near Controller #2 and caused the entire Controller #2 system to be shut off. Several days elapsed before repairs could be completed. ( SEE PHOTO #1 ) - I found several Pop-Up sprinklers were either stuck in the Up position or failing to properly rise to while turned on. These did not distribute water to their respective areas & only caused puddling and runoff of water. ( SEE PHOTO #2 )
- An Irrigation Valve was ( 2 - 4 ) stuck in the ON position on one occasion.

This resulted in the Irrigation Main Line being shut off agin. The entire Controller #2 area was again not watered until this was repaired. - Several above ground drip lines were chewed by animals allowing water to stream out of these lines and limiting the downline water distribution. - Several above ground irrigation lines and connections have been chewed and will pose leaking in the future. ( SEE PHOTO #3 )
34

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM

SURVEY FINDINGS
Irrigation System - continued
- In viewing the area near the generator house I noticed some old irrigation lines were exposed. These lines are Schedule 80 PVC. These are thin walled inexpensive lines and are not recommended in a future improvements nor repairs.
- The PRESSURE REGULATOR is out of date and needs to be replaced. ( recommendations see below )
- All Zones that are working are being OVERWATERED!
A combination of factors are involved:
- The timers are set for extended durations and frequency. - Inability of the soil (clay) to absorb water in the allotted time.

The Lawn Areas ( 2-14 , 2-15, 2-16, 2-19)are good example.

During my survey I turned on each Zone and reviewed their respective conditions. In these 4 zones I noticed the water would not be absorbed after 2 or 3 minuets of run time and would quickly runoff onto the pathways & paving and then go to the drainage culvert. In other zones I observed similar circumstances of overwatering with signs of puddling, mud, and runoff.

Overwatering is a major cause of premature plant disease and death. When the soil is too moist the roots can not get enough air and can become rotten and then die. ( SEE PHOTO #4 )
- All zones are being watered too late in the evening.

When plants are watered during the nighttime they hold moisture on their leaves. This extended soaking promotes fungus, mold and other plant diseases causing premature death and other problems. ( recommendations see below )
Drainage System
Several downspouts for the gutter system on the Community Association building are faulty. ( SEE PHOTO #5 )
- In location DS#1 (see plan) the elbow from the roof gutter has corroded and is leaking water directly into a planter area. Water from this area is then directed to an area drain in the lawn.
35

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Drainage System - continued
- In locations DS#2 & #3 (see plan) the downspouts are dumping water directly into zone 2 -17. This planter is being saturated with the rain water and does not have any direct outlet to drain excess water. This along, with the irrigation system overwatering , has caused the Oleander hedge to die. - In location DS#4 their is no drain line to direct roof gutter water towards the drainage culvert in the parking lot. This is causing erosion on the hillside and mud to flow into the parking lot.

RECOMMENDATIONS - ranked in order of importance
1 - The least expensive solution is to reprogram the Irrigation Controllers for proper duration and frequency. Each Controller and Zone should cut their times & and maybe their frequencies in at least half.

Have the maintenance company run each zone independently and watch until the soil is saturated. When water begins to runoff and/or puddle the timer should be reset to that duration.

The starting times should be set so the last zone in the controller turns off just before staff arrive for work.

I.e. Controller #1 has 17 zones @ 8 minuets each = 136 minuets or 2hrs 16 minuets run time ( still way too much ).

So the ideal time to start would be around 5:00am. allowing staff to arrive by 7:15am.

The campus has a mature landscape. These plantings have developed deep roots and which allows them to draw water from far below the surface. The top of the soil does not need to be moist for plants to survive.

I dug a small hole in the lawn area which on first appearances looked dry and cracked. In looking only 1 to 2 inches down I found the soil to be moist and sticky. I.e. still too wet. ( SEE PHOTO #6 )
Again the soil on the campus is clay. This type of soil is very slow to absorb water and expansive. I.e. it expands when wet and contracts as it drys out. 2a - Replace the Pressure Regulator
The Pressure regulator reduces the City Water Main pressure down to a 50 PSI ( pounds per square inch ). This is an industry standard operating pressure for irrigation and general building plumbing. ( Drip Valves are an exception and need 35psi ).
36

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
RECOMMENDATIONS - continued
I was able to measure the water pressure at two locations during this survey and both measured 140psi+. This is close to 3 x’s the standard pressure.

The initial “Surge” PSI reading hit 170psi & 200+psi. This sudden rush of water is a major cause of irrigation failure. ( SEE PHOTO #7)
This excessive resting pressure (140psi) causes undue wear and tear on the irrigation system and the plumbing in both buildings. This high pressure is a major cause of current & future failures.

A visible indication of this high pressure demonstrated when the lawn area is watered. With normal operating pressure the spray nozzles should appear uniform with heavy droplets.

With this higher pressure the water is “Misting”. This MIST is tiny droplets and look like a fog or mist. These and are easily carried / miss directed by any wind.

Sometimes a “Rainbow” can be seen during watering. ( SEE PHOTO #8 ) - I recommend changing BOTH regulators at the City Hall & Association sites. - I recommend adding pressure regulators on both side of the regulators.

One on the inlet side ( 140psi+-) and another just after the outlet side ( 50psi).This will allow accurate monitoring of the system. - I recommend checking the condition of each Back Flow device as these could be a health hazard.

NOTE : WHEN the pressure regulator is changed the new corrected pressure may not provide adequate coverage with the existing spray nozzles. Therefore in conjunction with (2a) I recommend the following as outline in (2a) below. 2b - Change all spray nozzles
The newer Stream Spray nozzles distribute water at a slower volume and allow the clay soil to absorb the water. This slower distribution also drops the water demand on the valve controlling the zone. This in turn allows more nozzles on in an existing Zone.

Stream Spray Rotary Nozzles can range from 0.17 up to 1.01 GPM which can be up to 1/2 to 1/3 that of a standard spray nozzle.
37

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
RECOMMENDATIONS - continued
3 - Mulch & Fertalize all planter beds
A 2 to 3 inch dressing of composted wood chips provides several benefits:
- Helps with soil by holding the water until it can be slowly absorbed. - Slows evaporation on hotter days
- As it decomposes it adds nutrients to the soil
- It helps prevent weeds
A good general all purpose fertilizing should be done at least 2x’s per year.

Your maintenance contractor should switch away from leaf blowers as these will remove most organic matter / mulch if improperly used. Hand picking and raking will remove some of the larger less desirable items.
4 - De-thatch, Aerate, Over-seed/Top dress and Fertilize the lawn De-thatching is a process where the top few inches of lawn are removed. As lawns grow they build up a heavy layer of roots and dead material. This impedes the water and nutrients from getting to the roots.

Aeration is a process where numerous holes or plugs are removed from the lawn.

This allows water and nutrients better access to the roots. This is especially helpful where lawns get heavy traffic or have heavy soils ( clay ). Both of these are present on site.

Over-seed / Top Dress is the next step in helping the lawn. New lawn seed is broadcasted over the existing lawn and then an application of fine composted organic mulch is used to cover these new seeds. This covering helps protect them while germinating.

Fertilizer should be used through at most two times per year. This is typical done in early Spring and again in early Fall. Lawns are heavy feeders and having two basic types of lawn ( cool growing & warm growing ) this will help both types start off strong. 5 - New Irrigation Controllers
The newer Irrigation Controllers can help eliminate the need for constant monotering.

Using satellite uplinks these new controllers can think ahead of upcoming weather patterns. If the controller “knows” is it going to rain they shut down the irrigation. Also if it going to be hot and dry it can irrigate for a longer duration. These controllers will also shut off a valve when it senses it is not closing and not interrupt the surrounding plantings. They can also be monitored remotely from either your maintenance company, your onsite staff or from anyone with access to the system and software. 38

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
RECOMMENDATIONS - continued
6 - Replace old Pop-Ups that fail
Most of the Pop-up sprinklers on site are not necessary. Pop-up sprinklers are best used when irrigating next to paths, walkways and other high traffic areas. They help reduce the chance of tripping and falling. However they are expensive and more prone to failure. When any Non-essential Pop-up sprinkler fails I recommend replacing them with the more affordable Fixed / Spray ( Shrub Head ). This simple method will save money and allow direct observation of performance. They are also easily adjusted or raised when surrounding planings grow taller.
7 - Replace Old Valves & Systems
Do not try to fix any of the old systems.

The 30+ years of use & the excessive high pressure has caused irreparable damage to the remaining irrigation system. If any future improvements are considered for any Zone then I highly recommend new Irrigation Systems be installed. 39

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM

IRRIGATION ZONE SCHEDULES
Controller #1 - Settings as of April 2022:
8 minuet cycles 3 times a week ( Monday, Wednesday, Friday ) starting at 10:00PM Zone 1 - 1 - This zone has 14 pop-up spray heads and is in heavy shade.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 2 - This zone has 15 pop-up spray heads and is in heavy shade.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 3 - This zone has 18 pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 4 - This zone has 8 pop-up spray head.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 5 - This zone has 15 pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 6 - This zone has 11 pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 7 - This zone has 10+ pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 8 - This zone is currently OFF LINE - New construction has damaged existing system
Zone 1 - 9 - This zone has 1 Fixed head and is in heavy shade.

Zone 1 - 10 - This zone has 14+ pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 11 - This zone has 12 pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 12 - This zone has 23 pop-up spray heads.

The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 13 - This zone has 12+ pop-up spray heads & Drip The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 14 - This zone has 25+ pop-up spray heads
The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 15 - This zone is currently OFF LINE - New construction has damaged existing system
Zone 1 - 16 - This zone has 9 pop-up spray heads & Drip The current 8 minuet x 3 day cycle delivers too much water for this zone.

Zone 1 - 17 - This zone has 15+ pop-up spray heads
The current 8 minuet x 3 day cycle delivers too much water for this zone. 40

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Controller #2
Settings as of April 2022:

A variety of minuet cycles
4 times a week ( Monday, Tuesday, Thursday, Friday ) starting at 2:30AM Zone 2 - 1 - This zone has 22 pop-up spray heads.

The current 8 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 2 - This zone is currently OFF LINE - exact location unknown Zone 2 - 3 - This zone is currently OFF LINE - exact location unknown Zone 2 - 4 - is zone has 10+ pop-up spray heads & Drip
The current 8 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 5 - This zone is currently OFF LINE - exact location unknown Zone 2 - 6 - This zone is currently OFF LINE - exact location unknown Zone 2 - 7 - This zone is currently OFF LINE - exact location unknown Zone 2 - 8 - This zone is currently OFF LINE - exact location unknown Zone 2 - 9 - This zone has 15 pop-up spray heads.

The current 8 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 10 - This zone is currently OFF LINE - exact location unknown Zone 2 - 11 - This zone is currently OFF LINE - exact location unknown Zone 2 - 12 - This zone is currently OFF LINE - exact location unknown Zone 2 - 13 - This zone is currently OFF LINE - exact location unknown Zone 2 - 14 - This zone has 21 pop-up spray heads.

The current 6 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 15 - This zone has 10 pop-up spray heads.

The current 12 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 16 - This zone has 5 pop-up spray heads.

The current 12 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 17 - This zone has 20+ pop-up spray heads.

The current 6 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 18 - This zone has 12+ pop-up spray heads.

The current 6 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 19 - This zone has 6 pop-up spray heads.

The current 6 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 20 - This zone has 15+ pop-up spray heads.

The current 6 minuet x 4 day cycle delivers too much water for this zone. 41

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ROLLING HILLS Irrigation survey 5/5/22, 3:41 PM
Controller #2 - continued:

Zone 2 - 21 - This zone has 8 pop-up spray heads.

The current 10 minuet x 4 day cycle delivers too much water for this zone.

Zone 2 - 22 - This zone is currently OFF LINE - exact location unknown

ATTACHMENTS
Photos
#1 - Broken Mainline
#2 - Pop-Ups
#3 - Chewed Lines
#4 - Runoff
#5 - Down Spouts
#6 - Soil Test
#7 - Pressure Regulator
#8 - Misting
#9 - Zone Map for City Hall - Controller #1
#10 - Zone Map for Community Association - Controller #2 end of report
42 BROKEN WATER MAIN NEAR C#2

ALSO DOWN SPOUT INTO PLANTER W/ EROSION ONTO DRIVEWAY
43 WATERING A ROCK

EXCESSIVE RUNOFF

MISS ADJUSTED

WATERING PARKING LOT

STUCK OPEN

BRAKING HAZZARD

POP UP SPRINKLERS
44 RODENTS LOOKING FOR WATER

EFFECTS - DRIPLINE PERFORMANCE
45 RUNOFF FROM LAWN AFTER 4 MINUETS PUDDLING & RUNOFF FROM LAWN AFTER 4 MINUETS
46 CORRODED DOWNSPOUT
DOWNSPOUT #3

EMPTIES INTO

PLANTER W/ NO
OUTLET
ZONE 2-17

NO DRAINAGE

DEAD / DYING HEDGE
47 SURFACE CRACKS

IN LAWN AREA
MOIST SOIL 2" BELOW
48 PRESSURE REGULATOR
BY CONTROLLER #2
NOTE:

SET SCREW IS ADJUSTED

AT LOWEST PSI SETTING

YET PRESSURE IS STILL

TOO HIGH

INDICATES FAULTY

REGULATOR
140PSI
170 PSI & 200+ PSI

SURGE PRESSURE
49 MISTING
NOTE

RAINBOW
50 SEPTIC
LAWN
ZONE #1
ZONE #2
1-3
1-5
1-4 1-5
1-5
1-9
1-8 & 1-15

OFF LINE
1-10
1-13
1-14
1-16
1-17
CONTROLLER #1

BACKFLOW/

PRESSURE REG
1-3
1-3
1-6
1-7
?
?
1-12
1-12
1-11
1-11
CITY HALL - CONTROLLER #1
1-6
CONTROLLER #
IRRIGATION ZONE #

CITY HALL
2 -9 / 2-10 / 2-11
1" = 8’ - 0"
NOTES: - THIS IS A DIAGRAMMATIC DRAWING AND IS NOT A LEGAL SURVEY. - CONTRACTOR TO VERIFY ALL MEASUREMENTS PRIOR TO BIDDING & CONSTRUCTION. - NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES.- ALL ADJUSTMENTS WILL BE MADE IN THE FIELD BY ARCHITECT, CONTRACTOR & HOMEOWNER.

IRRIGATION SURVEY PLAN FOR

ROLLING HILLS CITY HALL & COMMUNITY ASSOCIATION CAMPUS
2 PORTUGUESE BEND ROAD - ROLLING HILLS , CA 90274
EVAN SMITH - LANDSCAPE ARCHITECT #4716 - 1301 VIA GABRIEL - P.V.E. , CA 90274 N
E
S
W
These drawings, specifications, ideas and arrangements presented thereby are and shall remain the property of Evan Smith Landscape Architect, No part thereof shall be copied, disclosed to others or used in connection with any project other than the specific project for which they have been prepared and developed without the written consent of Evan Smith. Visual contact with these drawings or specifications shall constitute conclusive evidence of acceptance of these restrictions. 60ft 30ft 10ft 0ft
40ft 20ft 5ft
51 SEPTIC
?
LAWN
?
?
?
COMMUNITY ASSOCIATION - CONTROLLER #2
1-6
CONTROLLER #
IRRIGATION ZONE #

COMMUNITY

ASSOCIATION
2 -1
ZONE 2 -4 2 -9 / 2-10 / 2-11
2 -17
2 -14
ZONE 2 -15
2 -16
2 -18
ZONE 2 -19
DIRT 2 -20
2 -21
CONTROLLER #2
2 -9
PRESSURE REGULATOR #2
HOSE BIBS @ 140psi
DS #1
DS #2 DS #3 DS #4
1" = 8’ - 0"
NOTES: - THIS IS A DIAGRAMMATIC DRAWING AND IS NOT A LEGAL SURVEY. - CONTRACTOR TO VERIFY ALL MEASUREMENTS PRIOR TO BIDDING & CONSTRUCTION. - NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES.- ALL ADJUSTMENTS WILL BE MADE IN THE FIELD BY ARCHITECT, CONTRACTOR & HOMEOWNER.

IRRIGATION SURVEY PLAN FOR

ROLLING HILLS CITY HALL & COMMUNITY ASSOCIATION CAMPUS
2 PORTUGUESE BEND ROAD - ROLLING HILLS , CA 90274
EVAN SMITH - LANDSCAPE ARCHITECT #4716 - 1301 VIA GABRIEL - P.V.E. , CA 90274 N
E
S
W
These drawings, specifications, ideas and arrangements presented thereby are and shall remain the property of Evan Smith Landscape Architect, No part thereof shall be copied, disclosed to others or used in connection with any project other than the specific project for which they have been prepared and developed without the written consent of Evan Smith. Visual contact with these drawings or specifications shall constitute conclusive evidence of acceptance of these restrictions. 60ft 30ft 10ft 0ft
40ft 20ft 5ft
52 Agenda Item No.: 7.F
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT:

FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY
ORDINANCE NO. 377 - AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS

SECTIONS OF THE MUNICIPAL CODE TO ENSURE CONSISTENCY

W IT H STATE LAW REGARDING EMPLOYEE, SUPPORTIVE, AND

TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

DATE: August 08, 2022
BACKGROUND:

In recent years, the State of California has preempted local regulation of certain residential uses, including employee, supportive, and transitional housing. State law generally defines each use follows:

Employee Housing: refers to privately-owned housing that houses five or more employees and meets specified criteria (e.g., the living quarters are provided in connection with employment). (see Health and Safety Code, § 17008(a)).

Supportive Housing: refers to housing that is occupied by an homeless individual or family with no limit on the length of stay and that is linked to onsite or offsite services. (see Gov. Code, § 65650(a)).

Transitional Housing: refers to rental housing operated under program requirements that require termination of assistance and recirculating the unit to another recipient at a predetermined future date that is not less than six months from the beginning of the assistance. (see Gov. Code, § 65582(j)).

The proposed ordinance (the “Ordinance”) updates the Rolling Hills Municipal Code (“RHMC”) to clarify that the City permits these uses as required by State law.

On July 25, 2022, the City Council opened the public hearing, received public testimony, closed the public hearing, and introduced for first reading by title only Ordinance No. 377. The 53 Council directed staff to schedule the second reading for tonight's meeting.

DISCUSSION:

As required by State law, the Ordinance amends the RHMC to:

Add definitions for “employee housing,” “supportive housing,” and “transitional housing” to the Zoning Code’s “Definitions” provided in Chapter 17.12 of the RHMC.

Specify that for purposes of the RHMC, “employee housing,” “supportive housing,” and “transitional housing” have the same meaning as defined under State law.

Indicate that employee housing (with a permit from the statutory enforcement agency) to serve six or fewer employees is considered a single-family residential structure.

The Ordinance specifies that the “statutory enforcement agency” refers to the Department of Housing and Community Development (HCD) unless and until the City of Rolling Hills or the County of Los Angeles assume responsibility for enforcing the Employee Housing Act under Health and Safety Code Section 17050.

Clarify that no conditional use permit, zoning variance, or other zoning clearance will be required for employee housing serving six or fewer employees unless the same is required for a family dwelling of the same type in the same zone.

Specify that “supportive housing” and “transitional housing” are considered residential uses of property and subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

Clarify that “supportive housing” is a use by right in all zones where multifamily and mixed uses are permitted.

The Ordinance’s amendments to the RHMC are mandated by State law. For these reasons, staff is recommending that the City Council adopt the Ordinance. The Planning Commission held a public hearing to consider the Ordinance on June 21, 2022 and, thereafter, recommended that the City Council adopt the Ordinance.

ENVIRONMENTAL IMPACT
Adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)).

FISCAL IMPACT:

None.

RECOMMENDATION:

Adopt by title only Ordinance No. 377, entitled "AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE 54 MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE LAW REGARDING

EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.”
ATTACHMENTS:

Ordinance No. 377_EmployeeSupportiveTransitionalHousing-c1.pdf 377_EmployeeSupportiveTransitionalHousing.pdf
55 ORDINANCE NO. 377

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS

SECTIONS OF THE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING

EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL

HOUSING AND FINDING THE ACTION 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, in recent years, the State of California has preempted local regulation of certain residential uses, including employee, supportive, and transitional housing; and WHEREAS, this Ordinance amends Title 17 (Zoning) of the Rolling Hills Municipal Code to ensure that the City’s regulation of the above mentioned uses is clear and in accordance with state law; and
WHEREAS, on June 9, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on June 21, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on July 14, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on July 25, 2022, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
56 2
ORDINANCE NO. 377
Employee Supportive Transitional Housing
SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. General Plan. This Ordinance’s amendments to Title 17 of the Rolling Hills Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the Fifth Cycle Housing Element’s Implementation Program No. 8—which provides that the City would amend the Municipal Code to add definitions for employee, supportive, and transitional housing.

SECTION 4. Code Amendment. Section 17.12.050 (“E” words, terms and phrases) of the Rolling Hills Municipal Code is hereby amended to add a definition for “Employee housing,” to read in its entirety as follows:
“Employee housing” has the same meaning as in California Health and Safety Code Section 17008(a), as that section is amended from time to time.

SECTION 5. Code Amendment. Section 17.12.109 (“S” words, terms and phrases) of the Rolling Hills Municipal Code is hereby amended to add a definition for “Supportive housing,” to read in its entirety as follows:
“Supportive housing” has the same meaning as in California Government Code Section 65650(a), as that section is amended from time to time.

SECTION 6. Code Amendment. Section 17.12.200 (“T” words, terms and phrases) of the Rolling Hills Municipal Code is hereby amended to add a definition for “Transitional housing,” to read in its entirety as follows:
“Transitional housing” has the same meaning as in California Government Code Section 65582(j), as that section is amended from time to time.

SECTION 7. Code Amendment. Section 17.16.250, entitled “Employee, Supportive, and Transitional Housing,” is hereby added to the Rolling Hills Municipal Code and shall read in its entirety as follows:
“Section 17.16.250 – Employee, Supportive, and Transitional Housing A. In accordance with California Health and Safety Code Section 10721.5, subdivision (b):
57 3
ORDINANCE NO. 377
Employee Supportive Transitional Housing

1. Employee housing with a permit from the statutory
enforcement agency to serve six or fewer employees is
considered a single-family residential structure.

2. No conditional use permit, zoning variance, or other zoning clearance is required for employee housing serving six or fewer employees unless the same is required for a family dwelling of the same type in the same zone.

3. In accordance with California Health and Safety Code Section 17007, for purposes of this subsection (A), “statutory
enforcement agency” refers to the Department of Housing and Community Development unless and until the City of Rolling Hills or the County of Los Angeles assume responsibility for enforcing the Employee Housing Act under Health and Safety Code Section 17050.

B. Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).

C. Transitional housing and supportive housing are each considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).”

SECTION 8. Severability. If any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision hereof. The City Council of the City of Rolling Hills hereby declares that it would have adopted this Ordinance despite any partial invalidity.

SECTION 9. Effective Date. This Ordinance takes effect 30 days after its passage and adoption in accordance with California Government Code section 36937.

SECTION 10. Certification. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance; cause the same, or a summary thereof, to be published or posted in the manner required by law; and file a notice of exemption within five business days after adoption of the Ordinance.

PASSED, APPROVED and ADOPTED this 8th day of August, 2022. 58 4
ORDINANCE NO. 377
Employee Supportive Transitional Housing
____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk

59 5
ORDINANCE NO. 377
Employee Supportive Transitional Housing

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. 377 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk
60 ORDINANCE NO. 377

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ROLLING HILLS, CALIFORNIA, AMENDING VARIOUS

SECTIONS OF THE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING

EMPLOYEE, SUPPORTIVE, AND TRANSITIONAL

HOUSING AND FINDING THE ACTION TO BE EXEMPT

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
61 2
ORDINANCE NO. 377
Employee Supportive Transitional Housing
SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. General Plan. This Ordinance’s amendments to Title 17 of the Rolling Hills Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the Fifth Cycle Housing Element’s Implementation Program No. 8—which provides that the City would amend the Municipal Code to add definitions for employee, supportive, and transitional housing.

SECTION 7. Code Amendment. Section 17.16.250, entitled “Employee, Supportive, and Transitional Housing,” is hereby added to the Rolling Hills Municipal Code and shall read in its entirety as follows:
“Section 17.16.250 – Employee, Supportive, and Transitional Housing A. In accordance with California Health and Safety Code Section 17021.5, subdivision (b):
62 3
ORDINANCE NO. 377
Employee Supportive Transitional Housing

1. Employee housing with a permit from the statutory
enforcement agency to serve six or fewer employees is
considered a single-family residential structure.

SECTION 9. Effective Date. This Ordinance takes effect 30 days after its passage and adoption in accordance with California Government Code section 36937.

PASSED, APPROVED and ADOPTED this 8th day of August, 2022. 63 4
ORDINANCE NO. 377
Employee Supportive Transitional Housing
____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk

64 5
ORDINANCE NO. 377
Employee Supportive Transitional Housing

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk
65 Agenda Item No.: 7.G
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT:

FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY
ORDINANCE NO. 378 AMENDING SECTION 17.19.030 OF THE

ROLLING HILLS MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOME.

DATE: August 08, 2022
BACKGROUND:

Senate Bill (SB) 234 prohibits cities from requiring any Family Child Care Home licensed by the Department of Social Services, Community Care Licensing Division, large or small as defined in Health and Safety Code 1596.78, from having to obtain a land use/zoning permit and/or business license for their operation. Health and Safety Code section 1597.45 now states that Large Family Child Care Homes (caring for up to 14 children) shall be treated the same as Small Family Child Care Homes (caring for up to 8 children) under all local laws.

Cities must now consider the operation of a Large Family Child Care Home as a residential use of property by right, just as they have historically been required to treat Small Family Child Care Homes as residential property uses by right.

On July 25, 2022, the City Council opened the public hearing, received public testimony, closed the public hearing, and introduced for first reading by title only Ordinance No. 378. The Council directed staff to schedule the second reading for tonight's meeting.

DISCUSSION:

The enclosed Ordinance amends Section 17.19.030 of the Rolling Hills Municipal Code, which previously provided that homes in the Rancho Del Mar Housing Opportunity Zone were required to get a Conditional Use Permit (“CUP”) before operating a day care home. This is no longer permitted by SB 234, so the enclosed Ordinance removes the requirement to get a CUP. Staff worked with the City Attorney’s office to draft the ordinance, which amends the Municipal Code so that the City is in compliance with SB 234’s requirements. For this reason, 66 staff is recommending that the City Council adopt the Ordinance. The Planning Commission held a public hearing to consider the Ordinance on June 21, 2022 and, thereafter, recommended that the City Council adopt the Ordinance.

CEQA CONSIDERATIONS:

The Ordinance is not a project subject to the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guideline 15061(b)(3), as it can be seen with certainty that the proposed adoption will not have a significant effect on the environment, primarily because the amendment removes the requirement for a use permit for large family day care homes, and regardless of the use permit requirement, state law already establishes that CEQA does not apply to either large or small family day care homes pursuant to CEQA Guideline 15274 and California Health & Safety Code 1597.45(d). Thus, the action on the Ordinance is not anticipated to have any impact under CEQA primarily because the State has already decided that CEQA does not apply to large or small family day care homes.

FISCAL IMPACT:

None.

RECOMMENDATION:

Adopt Ordinance No. 378, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING SECTION 17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE RELATING TO FAMILY DAY CARE HOMES.” ATTACHMENTS:

Ordinance No. 378_Family_Day_Care__Homes.A.pdf
67 ORDINANCE NO. 378

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ROLLING HILLS, CALIFORNIA AMENDING SECTION

17.19.030 OF THE ROLLING HILLS MUNICIPAL CODE

RELATING TO FAMILY DAY CARE HOMES
WHEREAS, Governor Newsom signed SB 234 (Skinner, Chapter 244) into law, amending the Health and Safety Code relating to family daycare homes, including requiring all local ordinances to treat family daycare homes as a residential use of property; and
WHEREAS, pursuant to Health and Safety Code section 1597.45(a), a small or large family daycare home shall be considered a residential use of property by right for purposes of all City ordinances, including zoning ordinances; and WHEREAS, pursuant to Health and Safety Code section 1597.45(b), the City cannot impose a business license, fee, or tax on a small or large family daycare home; and
WHEREAS, the use of a home as a small or large family daycare home does not constitute a change of occupancy for purposes of the State Housing Law or local building codes; and
WHEREAS, Health and Safety Code section 1596.78(a) defines a “family daycare home” to mean a “facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home”; and
WHEREAS, Health and Safety Code section 1596.78(b) defines a “large family daycare home” as a facility that provides care, protection, and supervision for 7 to 14 children…” and section 1596.78 defines a “small family daycare home” as a facility that provides care, protection, and supervision for eight or fewer children…”; and WHEREAS, adoption of this Ordinance will bring the City’s Zoning Code into compliance with the changes made to family child day care home law pursuant to SB 234 by removing and amending certain regulations for small and large family child care homes in the City; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 21, 2022, to consider making a recommendation to the City Council on making the proposed changes to the zoning chapter of the City’s Municipal Code, and voted in favor of making such a recommendation to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on July 14, 2022, at which time all interested persons were allowed to address the City Council regarding adoption of this ordinance; and
68 2
ORDINANCE NO. 378
Family Day Care
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

Section 2. CEQA. The City Council’s adoption of this Ordinance is not a project subject to the California Environmental Quality Act pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the proposed adoption will not have a significant effect on the environment, primarily because the amendment removes the requirement for a use permit for large family day care homes, and regardless of the use permit requirement, state law already establishes that CEQA does not apply to either large or small family day care homes pursuant to CEQA Guideline 15274 and California Health & Safety Code 1597.45(d). Thus, the City Council’s action is not anticipated to have any impact under CEQA primarily because the State has already decided that CEQA does not apply to large or small family day care homes.

Section 3. Section 17.19.030 Amended. Subdivision E. of Section 17.19.030, which reads “E. Daycare*;” is hereby amended to read “E. Daycare;” and accordingly the requirement for daycares to obtain a conditional use permit is stricken.

Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The people of the City of Rolling Hills hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after the date of its passage and adoption.

Section 6. Publication. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance; cause the same, or a summary thereof, to be published or posted in the manner required by law; and file a notice of exemption within five business days after adoption of the Ordinance.

PASSED, APPROVED and ADOPTED this 8th day of August, 2022. 69 3
ORDINANCE NO. 378
Family Day Care
____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk

70 4
ORDINANCE NO. 378
Family Day Care

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. 378 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk

71 Agenda Item No.: 7.H
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: FOR SECOND READING AND ADOPTION: ADOPT BY TITLE ONLY ORDINANCE NO. 379 ADDING CHAPTER 17.62 TO THE ROLLING

HILLS MUNICIPAL CODE REGARDING DENSITY BONUSES AND

OTHER AFFORDABLE HOUSING INCENTIVES REQUIRED BY STATE
LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.

DATE: August 08, 2022
BACKGROUND:

California Density Bonus Law (Gov. Code § 65915 et seq.) requires a city to grant a developer, at the developer’s request, a density bonus and concessions or incentives for affordable housing projects. (Gov. Code, § 65915(b)(1).) A density bonus means an increase, by a certain percentage, of the number of housing units that may be built for the site. (Gov.

Code, § 65915(f).) A concession or incentive means a modification of zoning code standard for the site, such as reduced setbacks, a reduced parking requirement, or allowance of mixeduse zoning. (Gov. Code, § 65915(k).) The degree of density bonus and number of concessions or incentives is based on the number of affordable units in the project (by percentage of all units in the project) and the level of affordability (i.e., for very low income, lower-income, moderate-income, senior housing, etc.).

On July 25, 2022, the City Council opened the public hearing, received public testimony, closed the public hearing, and introduced for first reading by title only Ordinance No. 379. The Council directed staff to schedule the second reading for tonight's meeting.

DISCUSSION:

State law requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law. (Gov. Code, § 65915(a).) The proposed ordinance (the “Ordinance”) amends the Rolling Hills Municipal Code (“RHMC”) to satisfy this requirement. The Ordinance will add a new Chapter 17.62 to the RHMC, which will read as follows:
72 “Chapter 17.62 Density Bonuses and other Affordable Housing Incentives Section 17.62.010 – Purpose
The purpose of this Chapter is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

Section 17.62.020 - Density Bonus and Affordable Housing Incentives The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.”
The Ordinance will bring the RHMC into compliance with State Density Bonus Law. By incorporating the State’s standards by reference, the RHMC will also stay current if and when changes in State law occur. For these reasons, staff is recommending that the City Council adopt the proposed Ordinance. The Planning Commission held a public hearing to consider the Ordinance on June 21, 2022 and, thereafter, recommended that the City Council adopt the Ordinance.

ENVIRONMENTAL IMPACT
Adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the proposed action is also exempt under CEQA Guidelines Section 15305 as a minor alteration in land-use limitation, as the proposed action does not allow any more density than before; it merely incorporates California’s densitybonus statute and allowances by direct reference to the statute. Lastly, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

FISCAL IMPACT:

None.

RECOMMENDATION:

Adopt by title only Ordinance No. 379, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, ADDING CHAPTER 17.62 TO THE ROLLING

HILLS MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER AFFORDABLE

HOUSING INCENTIVES REQUIRED BY STATE LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.”
ATTACHMENTS:

Ordinance No. 379-Density_Bonus_and_Affordable_Housing_Incentives.pdf 73 ORDINANCE NO. 379

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, CALIFORNIA, ADDING CHAPTER 17.62

TO THE ROLLING HILLS MUNICIPAL CODE REGARDING

DENSITY BONUSES AND OTHER AFFORDABLE

HOUSING INCENTIVES REQUIRED BY STATE LAW AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, California’s Density Bonus Law (Gov. Code, § 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderateincome units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and
WHEREAS, Government Code Section 65915 requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law; and WHEREAS, the City desires to amend the Rolling Hills Municipal Code (“RHMC”) to keep it in compliance with State law; and
WHEREAS, this Ordinance amends the RHMC to specify that density bonuses and other affordable housing incentives required by State law (including but not limited to Government Code section 65915 et seq.) will be available to applicants on the terms and conditions specified in State law; and
WHEREAS, on June 9, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on June 21, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on July 14, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on July 25, 2022, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 74 2
ORDINANCE NO. 379
Density Bonus

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the proposed action is also exempt under CEQA Guidelines Section 15305 as a minor alteration in land-use limitation, as the proposed action does not allow any more density than before; it merely incorporates California’s density-bonus statute and allowances by direct reference to the statute.

Lastly, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

SECTION 3. General Plan. This Ordinance’s amendments to Title 17 of the Rolling Hills Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the Fifth Cycle Housing Element’s Implementation Program No. 9—which provides that the City would amend the Municipal Code to adopt density bonus requirements in accordance with State law.

SECTION 4. Code Amendment. Chapter 17.62, entitled “Density Bonuses and other Affordable Housing Incentives,” is hereby added to Title 17 of the Rolling Hills Municipal Code and shall read in its entirety as follows:
“Chapter 17.62 Density Bonuses and other Affordable Housing Incentives
Section 17.62.010 – Purpose
The purpose of this Chapter is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

SECTION 5. Severability. If any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision 75 3
ORDINANCE NO. 379
Density Bonus
hereof. The City Council of the City of Rolling Hills hereby declares that it would have adopted this Ordinance despite any partial invalidity.

SECTION 6. Effective Date. This Ordinance takes effect 30 days after its passage and adoption in accordance with California Government Code section 36937.

SECTION 7. Certification. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance; cause the same, or a summary thereof, to be published or posted in the manner required by law; and file a notice of exemption within five business days after adoption of the Ordinance.

PASSED, APPROVED and ADOPTED this 8th day of August, 2022. ____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk

76 4
ORDINANCE NO. 379
Density Bonus

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. 379 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the 8th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk
77 Agenda Item No.: 7.I
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: VANESSA HEVENER, SENIOR MANAGEMENT ANALYST
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: RECEIVE AND FILE AN UPDATE ON THE CREST ROAD EAST AND

EASTFIELD DRIVE ELECTRIC UTILITY UNDERGROUNDING

PROJECTS
DATE: August 08, 2022
BACKGROUND:

On September 14, 2020, the City was awarded $1,145,457 in Federal funds to underground 1,820 feet of utility infrastructure along Crest Road East from Wideloop Road to the eastern city limits. The Crest Road East grant requires a Local Match of $381,819 for a total amount of $1,527,276.

On January 26, 2022, the City was awarded $1,971,882 in additional Federal funds to underground of 4,735 feet of utility infrastructure along Eastfield Drive from Outrider Road to Hackamore Road. The Eastfield Drive grant requires a Local Match of $657,294 for a total amount of $2,629,176.

The City in its applications to the Federal grants committed $1,039,113 of Local Match for both projects using the City's Rule 20A work credits of $1.2M. Rule 20 is a tariff applied to all ratepayers for electric utilities to convert overhead power lines and other equipment to underground facilities. The Rule 20 program is currently divided into subprograms that provide diminishing levels of ratepayer contributions to projects, as follows:

Rule 20A projects are 100 percent ratepayer-funded but must meet public interest criteria. The utilities annually allocate Rule 20A work credits (or “work credits”) to cities and unincorporated counties to redeem for their undergrounding project costs.

Rule 20B projects may be for any undergrounding purpose but must consist of a minimum of 600 feet. Ratepayers fund around 20 to 40 percent of the costs of these projects. The applicant bears the balance of the project cost. Local government applicants may request the utility initially fund their Rule 20B project's engineering and design costs and reimburse the utility later provided that the project goes forward.

Unlike Rule 20A, there are no work credits involved with Rule 20B.

Rule 20C projects, the applicant – often an individual property owner or developer – pays for the full cost of undergrounding, less the cost of the estimated salvage value and 78 depreciation of the removed overhead electrical facilities.

Southern California Edison (SCE) determined that the initial Rough Order of Magnitude (ROM) for the Crest Road East project was $1,000,000 expressed in 2023 dollars which alone will most likely exhaust all of the City's existing Rule 20A work credits since Rule 20A requires a project with a minimum of 600 linear feet of mainline trenching (the Crest Road East project includes 950 linear feet of mainline trenching).

Given the rise in construction costs, the City does not have sufficient Rule 20A work credits for the Eastfield Drive project. In order to proceed with the Eastfield Drive project and retain the Federal funding, the City may need to use General Fund reserves to provide the Local Match.

In June 2022, Staff reached out to Los Angeles County Department of Public Works to inquire about the County potentially donating excess work credits to fund the entirety of the Crest Road East project and/or fulfill the Local Match portion of the Eastfield Drive project.

DISCUSSION:

On July 26, 2022, Staff was informed that a donation in the amount of $350,000 in Rule 20A work credits was approved by Supervisor Hahn's Office (the initial request was $350,000 based on outdated cost estimates). Staff has since requested additional donation in the amount of $650,000 for a total amount of $1,000,000. This additional funding request reflects current estimated construction costs. At the time of writing, County staff indicated that they are in the process of requesting additional funds from Supervisor Hahn's Office. The tables below summarize the funding required to complete both projects:

Table 2 Current Funding Needs
Grant Local Match Rule 20A
Crest Road East $1,145,457 $1,000,000
Eastfield Drive $1,971,882 $1,000,000
Total $2,000,000
Table 3 Rule 20A Local Match Shortfall
Available Rule 20A Local Match Rule 20A
Crest Road East $1,000,000
Eastfield Drive $1,000,000
Project Contingency $200,000
City Balance $1,200,000
County Contribution $350,000
Total $1,550,000 $2,200,000
Current County Ask $650,000
Please note that a project contingency in the amount of $200,000 has been added to the overall estimated costs as design for the Eastfield Drive has yet to commence. Staff 79 anticipates to receive a response from Los Angeles County in the coming weeks. Regardless of the outcome of the additional request from the County, the City Council will be asked at a future City Council meeting to reconsider the following options:

Option 1
If donation of Los Angeles County Rule 20A funds are insufficient to meet the Local Match requirement for both projects, the City can use General Fund to meet the Local Match requirement for the one of the projects.

Option 2
Apply available Rule 20A balance to the Crest Road East project. Allocate General Fund Reserves to meet the Local Match requirement for the Eastfield Drive project.

Option 3
Return grant funds for the Eastfield Drive project to CalOES/FEMA.

FISCAL IMPACT:

Fiscal impact will depend on the option selected.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:

CL_AGN_220808_CC_BlueFolderItem_7I_InitialFundingReq.pdf 80 Table 1. Initial Funding Commitments
Grant Local Match
Crest Road East $1,145,457 $381,819
Eastfield Drive $1,971,882 $657,294
Total $3,117,339 $1,039,113
81 Agenda Item No.: 7.J
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ELAINE JENG, CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: RECEIVE AND FILE REPORT ON CITY AND ROLLING HILLS COMMUNITY ASSOCIATION COORDINATION MEETINGS ON MAY 31,
2022 AND JULY 18, 2022
DATE: August 08, 2022
BACKGROUND:

As the City Council liaison to the Rolling Hills Community Association (RHCA), Councilmember Jeff Pieper suggested to hold on-going coordination meetings with RHCA Board of Directors on community matters. The members of the coordination meetings are as follows:

Mayor Pro Tem Pat Wilson
Councilmember Jeff Pieper
City Manager Elaine Jeng
RHCA Board Director Fred Lorig
RHCA Board Director Ty Bobit
RHCA Manager Kristen Raig
Two meetings were held since the City Council approved Councilmember Pieper's suggestion: May 31, 2022, and July 18, 2022.

DISCUSSION:

At the May 31, 2022 meeting, the members of the coordination meeting discussed the following:

1. Both organizations agreed that the current lease agreement need to be amended to address project cost share.

City Hall campus standby power project. RHCA will share information with the City Council on the RHCA Board has an opportunity to review the proposed project approach - natural gas unit. The proposed natural gas unit would not require AQMD permits.

The logistics of the Tennis Courts Area Improvement projects was discussed as 82 follows in the order listed: (1) septic tank replacement; (2) ADA compliance; and (3) RHCA amenities project.

RHCA projects: major vegetation management project at Storm Hill Park, and replacement of fencing at the Riding Rings.

2. Cellular service improvement. RHCA reported that a consultant was hired to assist with discussions with Crown Castle to enhance cellular service in Rolling Hills. Mayor Pro Tem Wilson offered to assit by setting up a meeting between RHCA and a contact at Crown Castle who may be able to assist with cellular carriers' interest in adding infrastructure in Rolling Hills.

3. RHCA patrol vehicle. RHCA planned to place a light bar on the RHCA's patrol vehicle (Prius). The City needs to adopt a resolution to allow the patrol vehicle to operate in the community with a light bar.

4. RHCA reported that camera installations on Eastfield Drive and Morgan Lane and Roadrunner are being considered with motion sensors.

Subsequent to the May 31, 2022 coordination meeting, the City Council approved a resolution allowing the light bar to be installed on the RHCA patrol vehicle.

At the July 18, 2022 meeting, the members of the coordination meeting focused on amendments to the lease agreement and discussed the following:

1. Language in the lease agreement that would comingle funds from both organizations shall be revised.

2. Amendment in the lease agreement shall include the memorialization that the electric bill is paid for by the city for the entire campus including the RHCA building.

3. Including a listing of capital improvements that each organization is responsible for.

Subsequent to the July 18, 2022 coordination meeting, staff worked with City Attorney's office to prepare a draft amended lease agreement for the City Council's consideration at the August 22, 2022 City Council meeting.

The City and RHCA coordination meetings are schedule on an as-needed basis by the members of the coordination group.

FISCAL IMPACT:

There is no fiscal impact to holding coordination meetings with RHCA.

RECOMMENDATION:

Receive and file.

ATTACHMENTS:
83 Agenda Item No.: 7.K
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT SAMARIO, FINANCE DIRECTOR
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: RECOMMENDED ADJUSTMENTS TO FISCAL YEAR 2021-22 BUDGET DATE: August 08, 2022
BACKGROUND:

With the closing of fiscal year 2021/22 approaching, many of the final revenue and expenditure totals are now known. As a result, a few funds warrant adjustment to the budget to align with the final results.

DISCUSSION:

Staff recommends budget adjustments as described below to the following funds.

Refuse Fund
The Refuse Fund receives revenues from charges to residents for waste collection and disposal services. The Refuse Fund also receives funding from the General Fund to partially subsidize the costs of the services provided by a contracted waste hauler. The budgeted subsidy, reflected as a transfer from the General Fund, is $159,200.

For fiscal year 2021-22, the Refuse Fund collected $668,190 in total revenues, excluding transfers, which are $109,310 below budgeted revenues. In order to balance the Refuse Fund, staff recommends the General Fund increase the transfer out by $109,310, from $159,200 to $268,510. The budgeted transfer in the Refuse Fund would be increased correspondingly.

Measure W Fund
In 2018, voters within the Los Angeles County Flood Control District approved a special tax, called Measure W, which covers the majority of Los Angeles County. The tax revenue pays for 84 projects, infrastructure, and programs to capture and reduce urban runoff pollution which may increase water supply and improve water quality. Measure W funds are allocated to local agencies to assist with their efforts to achieve the goals of the approved County tax ordinance.

The City of Rolling Hills receives approximately $105,000 annually.

With the assistance of a consultant, at the end of each year staff reviews all costs incurred by the City of Rolling Hills that may be eligible Measure W costs and, based on that analysis, allocates eligible costs between the General Fund and the Measure W Fund. For fiscal year 2021-22, staff has determined that a total of $127,518 in costs are eligible for allocation to the Measure W Fund. The adopted budget in the Measure W Fund totals $38,750. Thus, staff recommends increasing the Measure W Fund expenditure budget by $88,768 for a total of $127,518.

FISCAL IMPACT:

The recommended budget adjustments have no fiscal impact since they simply align the budget with final revenue and expenditure totals.

RECOMMENDATION:

Staff recommends that City Council approve the budget adjustments detailed in the attached Schedule of Recommended Budget Adjustments.

ATTACHMENTS:

CL_AGN_220808_CC_ScheduleOfRecommendedBudgetAdjustments.pdf 85 CITY OF ROLLING HILLS
Schedule of Recommended Budget Adjustments
Fiscal Year Ended June 30, 2022
Adopted Recomm'd Variance
Budget Adjustment Fav (Unfav)
GENERAL FUND (01)
999 Transfers Out - Refuse Fund $ 159,200 $ 109,310 $ 268,510 REFUSE FUND (50)
Revenues
699 Transfers In - General Fund $ 159,200 $ 109,310 $ 268,510 MEASURE W FUND (30)
913 Storm Water Management (30%) $ 38,750 $ 314 $ 39,064 914 Storm Water Management (70%) - 88,454 88,454
$ 38,750 $ 88,768 $ 127,518
86 Agenda Item No.: 10.A
Mtg. Date: 08/08/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT:

PUBLIC HEARING FOR INTRODUCTION AND FIRST READING OF
ORDINANCE NO. 376 AMENDING CHAPTER 17.28 OF THE

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE ACTION

TO BE EXEMPT FROM CEQA
DATE: August 08, 2022
BACKGROUND:

On June 21, 2022, this item was recommended for approval by the Planning Commission. On June 24, 2022, the City received comments from the California Housing and Community Development Department (HCD) regarding its existing accessory dwelling unit (ADU) Ordinance. Staff responded to HCD that the City is in the process of amending the ADU Ordinance to be in compliance with State law, and many of the issues discussed in the letter have been addressed. However, there were a few issues mentioned by HCD that were not addressed. As such, the Ordinance was further refined to meet the concerns raised by HCD and brought back to the Planning Commission at a public hearing on July 19, 2022. At that meeting, the Planning Commission recommended to the City Council adoption of Ordinance No. 376.

Recent ADU Laws:

In 2019 the Governor signed into law several bills that imposed substantial new limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) under Government Code sections 65852.2 and 65852.22 (collectively, the “2019 ADU Laws”). The 2019 ADU Laws went into effect on January 1, 2020. Shortly thereafter, the City Council adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws. The Legislature has continued amending the state’s ADU and JADU statutes on an annual basis.

In September 2020, the Governor signed into law Assembly Bill 3182 which, among other 87 things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) provide that if City does not act on a complete ADU application within 60 days (subject to limited exceptions), the application is deemed approved. Thereafter, in September 2021, the Governor signed into law Assembly Bill 345, which requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer.

The California Department of Housing and Community Development (“HCD”) recently issued clarifying guidance with respect to local implementation of the 2019 ADU Laws, AB 3182, and AB 345. Relatedly, as part of the City’s Housing Element update process, HCD reviewed the City’s current ADU ordinance and determined that certain aspects need to be updated to comply with changes in state law. The proposed ordinance (“Ordinance”) updates the City’s ADU and JADU regulations to comply with AB 3182 and AB 345, align with HCD’s guidance, and further increase clarity for the benefit of staff and the general public.

DISCUSSION:

The Ordinance’s amendments to Rolling Hills Municipal Code (“RHMC”) Chapter 17.28 include, but are not limited to, the following:

Replaced minimum counter (15 sq. ft.) and storage cabinet (30 sq. ft.) size requirements for JADU kitchens with language requiring counters and storage cabinets to be of a reasonable size in relation to the size of the JADU (RHMC Section 17.28.030(D)).

Replaced language that allowed one converted ADU or one JADU on a single-family residential lot with language that allows one ADU and one JADU if specified conditions are met (RHMC Section 17.28.040(A)(1)).

Clarified that the fee for processing ADU applications is not an impact fee (RHMC Section 17.28.040(B)).

Revised the City’s prohibition on separate sale or conveyance to provide that no ADU or JADU may be sold or otherwise conveyed separately from the lot and primary dwelling except as provided in Government Code section 65852.26 (RHMC Section

17.28.050(D)).

Clarified that all ADUs and JADUs must comply with all local building code requirements (RHMC Section 17.28.050(G)).

Replaced language limiting an ADU to two bedrooms with language clarifying that there is no limit on the number of bedrooms (RHMC Section 17.28.060(A)(1)).

Revised the architectural requirements, impact and utility fee provisions to align with HCD’s guidance on the same (RHMC Sections 17.28.060(I) and 17.28.070).

Additional minor amendments to augment clarity for staff and the general public.

HCD discussed seven bullet items in its letter to the City (Attachment 5). The Planning Commission addressed five of the items when it recommended approval of the ordinance amendment to the City Council on June 21, 2022. The revised ordinance amendment (Attachment 3) reviewed by the Planning Commission on July 19, 2022, addresses the two remaining items as follows:

HCD's Comment: Section 17.28.060 (C)(1) – Front Property Line – The Ordinance states, “No part of any ADU… may be located within 30 feet of the front property line.” The City should be aware that this 30-foot front set back requirement must not prevent the creation of at least an 800 square foot ADU that is at least 16 feet in height with a four-foot side and rear yard setback to be constructed in compliance with all other local 88 development standards per Government Code section 65852.2, subdivision (c)(1)(C). While not required, HCD recommends including such language.

Response: Section 17.28.060 (C)(1) has been revised so that an ADU may encroach into the required front yard setback as necessary to enable the construction of an eight hundred square foot unit that is no greater than sixteen feet in height.

HCD's Comment: Section 17.28.070 (B)(2) – Utility Fees – The Ordinance states that “All ADUs and JADUs not covered by Section 17.28.070.B.1 above require a new, separate utility connection directly between the ADU or JADU and the utility.” However, all JADUs are created out of converted space within a single-family home and would therefore be covered by Section 17.28.070 (B)(1). To promote internal consistency, the City should remove the references to JADUs in Section 17.28.070 (B)(2).

Response: The revised ordinance amendment removes reference to JADUs from the Utility Fees section.

For reference, the redline (Attachment 4) compares this Ordinance’s amended ADU regulations against the City’s current regulations.The highlighted text shows what was revised by the Planning Commission on July 19, 2022.

Staff responded to HCD on July 23, 2022, to indicate their concerns will be addressed with this Ordinance Amendment (Attachment 6).

ENVIRONMENTAL IMPACT:

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.

FISCAL IMPACT:

The ordinance amendment brings the Municipal Code into compliance with State law which protects the City from legal challenges.

RECOMMENDATION:

1. Open the public hearing, receive public testimony, close the public hearing; and

ATTACHMENTS:

Attachment 1 - Resolution No. 2022-09.pdf
Attachment 2 - Ordinance No. 376.pdf
Attachment 3 - Chapter 17.28_Exhibit A.pdf
Attachment 4 - Chapter 17.28 (REDLINE).pdf
Attachment 5 - Letter from HCD dated 6-24-22.pdf
Attachment 6 - Letter_HCD_ADU_Ordinance_072322.pdf
Exhibit A - Updated ADU Ordinance (July 2022)-c1.pdf
UPDATED ADU REDLINE - FINAL (Jul. 2022)-c1.pdf
89 65277.00010\40107868.2
RESOLUTION NO. 2022-09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF ROLLING HILLS RECOMMENDING THAT THE CITY

COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER

17.28 OF THE ROLLING HILLS MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT

FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes local agencies 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 (“2019 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, in February 2020, the City Council adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) provide that if City does not act on a complete ADU application within 60 days (subject to limited exceptions), the application is deemed approved; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Page 2 of 4 ends

WHEREAS, the California Department of Housing and Community Development (“HCD”) recently issued guidance with respect to local implementation of the 2019 ADU Laws, AB 3182, and AB 345; and
WHEREAS, the City desires to amend its local ADU ordinance to keep it in compliance with the recent changes in state law and HCD’s guidance on the same; and WHEREAS, on June 21, 2022, the Planning Commission held a duly-noticed public hearing to consider the proposed ordinance, which would amend the City’s Accessory Dwelling Unit (“ADU”) and Junior Accessory Dwelling Unit (“JADU”) regulations set forth in Chapter 17.28 of the Rolling Hills Municipal Code to comply with recent changes in state law and add further clarity for the benefit of staff and the general public. Following the public hearing, the Planning Commission voted to forward the proposed ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, following the June 21st Planning Commission public hearing, the City received additional written comments from HCD regarding further necessary adjustments to the City’s regulations governing ADUs and JADUs. Thereafter, staff updated the proposed ordinance to incorporate the additional comments from HCD; and WHEREAS, on July 19, 2022, the Planning Commission conducted another duly noticed public hearing to consider the proposed ordinance, wherein it considered the staff report, supporting documents, public testimony, and all appropriate information submitted with the proposed ordinance.

NOW, THEREFORE, the Planning Commission of the City of Rolling Hills does hereby resolve, determine, find, and order as follows:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

Section 2. CEQA. 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 Planning Commission finds that adoption of the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the state’s ADU law.

Section 3. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

Section 4. Recommendation. Based on the foregoing recitals and findings, the Planning Commission hereby recommends that the City Council approve and adopt of the proposed ordinance and code amendments that are attached as Exhibit “A” hereto and incorporated herein by reference.
91 65277.00010\40107868.2

Page 3 of 4 ends

PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY, 2022.

BRAD CHELF, CHAIRMAN
ATTEST:
____________________________________

CHRISTIAN HORVATH, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Civil Procedure Section 1094.6. 92 65277.00010\40107868.2

Page 4 of 4 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2022-09 entitled:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN ORDINANCE AMENDING CHAPTER 17.28 OF THE

ROLLING HILLS MUNICIPAL CODE REGARDING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA
was approved and adopted at a regular meeting of the Planning Commission on July 19th, 2022, by the following roll call vote:

AYES: Cooley, Douglass, Chair Chelf
NOES:

ABSENT: Cardenas, Vice Chair Kirkpatrick
ABSTAIN:
and in compliance with the laws of California was posted at the following:

Administrative Offices.
__________________________________

CHRISTIAN HORVATH, CITY CLERK
93 ORDINANCE NO. 376

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA AMENDING CHAPTER 17.28 OF THE ROLLING

HILLS MUNICIPAL CODE GOVERNING ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING

THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Rolling Hills, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes local agencies 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 (“2019 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, in February 2020, the City Council adopted Ordinance Nos. 364U and 364, which updated the City’s ADU and JADU regulations (contained in Chapter 17.28 of the Rolling Hills Municipal Code) to comply with the 2019 ADU Laws; and WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to: (1) expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and (2) provide that if City does not act on a complete ADU application within 60 days (subject to limited exceptions), the application is deemed approved; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, the California Department of Housing and Community Development (“HCD”) recently issued guidance with respect to local implementation of the 2019 ADU Laws, AB 3182, and AB 345; and
94 2
ORDINANCE NO. 376
ADU
WHEREAS, this Ordinance updates the City’s ADU and JADU regulations to comply with AB 38182 and AB 345, align with HCD’s guidance, and further increase clarity for the benefit of staff and the general public; and
WHEREAS, on June 9, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on June 21, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, following the June 21st Planning Commission public hearing, the City received additional written comments from HCD regarding further necessary adjustments to the City’s regulations governing ADUs and JADUs. Thereafter, staff updated the Ordinance to incorporate the additional comments from HCD; and WHEREAS, on July 8, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider the Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on July 19, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on July 29, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on August 8, 2022, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 95 3
ORDINANCE NO. 376
ADU

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. CEQA. 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.

Section 3. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

Section 4. Code Amendments. Chapter 17.28 of the Rolling Hills Municipal Code is hereby amended to read as set forth in Exhibit “A,” attached hereto and incorporated herein.

Section 5. Effective Date. This Ordinance takes effect 30 days following its adoption.

Section 6. Submittal to HCD. 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. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 2 Portuguese Bend Rd, Rolling Hills, CA 90274. The custodian of these records is the City Clerk.

Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 9. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Rolling Hills, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.
96 4
ORDINANCE NO. 376
ADU
PASSED, APPROVED and ADOPTED this 22nd day of August, 2022. ____________________________
James Black, Mayor
ATTEST:
______________________________
Christian Horvath, City Clerk

97 5
ORDINANCE NO. 376
ADU

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§

CITY OF ROLLING HILLS )
I, Christian Horvath, City Clerk of the City of Rolling Hills, California, do hereby certify that the foregoing Ordinance No. 376 was adopted at a regular meeting of the City Council of the City of Rolling Hills held on the 22nd day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Christian Horvath
City Clerk
98

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Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
Sections:

17.28.010 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

17.28.020 Effect of conforming.

An ADU 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 ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU 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.

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 all of the following:

EXHIBIT "A" of Ordinance No. 376
99

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1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. "Junior accessory dwelling unit" or "JADU" means a residential unit that:

1. Is no more than five hundred 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

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 conform 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.

I. "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.

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 the general 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: One ADU as described in this subsection (A)(1) and one 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 one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and
(b) Has exterior access that is independent of that for the single-family dwelling; and
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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 each of the following limitations:
(a) The side- and rear-yard setbacks are at least four-feet. (b) The total floor area is eight hundred square feet or smaller. (c) The peak height above grade is sixteen feet or less.

3. Converted on Multifamily Lot: One or more 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. Under this subsection (A)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

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 both of the following limitations:
(a) The side- and rear-yard setbacks are at least four-feet. (b) The peak height above grade is sixteen feet or less.

B. ADU 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 an application fee, adopted by resolution of the City Council, to reimburse it for costs incurred in processing ADU permits.

C. Process and Timing.

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 JADU within sixty days from the date that the City receives a completed application. If the City does not act upon the completed application within sixty days, the application is deemed approved unless either:
(a) The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or (b) When an application to create an ADU or JADU 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 ADU 101

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or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

17.28.050 General ADU 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 thirty days. This prohibition applies regardless of when the ADU or JADU was created.

D. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, 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).

E. Owner Occupancy.

1. All ADUs permitted before January 1, 2020, are subject to the owneroccupancy requirement that was in place when the ADU was created.

2. An ADU that is permitted after that date but before January 1, 2025, is not subject to any owner-occupancy requirement.

3. All ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

4. All JADUs 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 JADU, 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.

Page 5 of 9 ends

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. Except as otherwise provided in Government Code Section 65852.26, the ADU 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 ADU 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 ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU 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.

G. Building & Safety. All ADUs and JADUs must comply with all local building code requirements.

17.28.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

17.28.040(B).

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this Section

17.28.060 is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling, subject to subsection (A)(3) below.
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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 the percentage-based size limit in subsection (A)(2) above, or of an FAR, lot coverage limit or open-space requirement may require the ADU to be smaller than eight hundred square feet.

B. Floor Area Ratio (FAR). No ADU subject to this Section 17.28.060 may cause the total FAR of the lot to exceed forty-five percent, subject to Section 17.28.060(A)(3) above.

C. Setbacks.

1. Front Yard.
(a) Subject to subsection (C)(1)(b) below, no part of any ADU subject to this Section 17.28.060 may be located within thirty feet of the front property line.
(b) An ADU may encroach into the required front yard setback as necessary to enable the construction of an eight hundred square foot unit that is no greater than sixteen feet in height.

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 fifty 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 fifty percent, subject to subsection Section 17.28.060(A)(3) above.

F. Height. No ADU subject to this Section 17.28.060 may exceed sixteen 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. Parking.

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.

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(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 be replaced.

I. 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.

5. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

6. Fencing, landscaping or privacy glass may be used to provide screening and prevent a direct line of sight to contiguous residential property.

7. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the California Register of Historic Resources 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, fifteen-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. 105

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K. Historical Protections. An ADU that is subject to this Section 17.28.060 and that is on or within six hundred 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.

17.28.070 Fees.

The following requirements apply to all ADUs 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 that is less than seven hundred fifty square feet in size. For purposes of this Section 17.28.070, “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is seven hundred fifty 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 ADU divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection 17.28.070(B)(1), converted ADUs on a single-family lot that are created under Section 17.28.040(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in Section 17.28.070(B)(1), all ADUs not covered by Section 17.28.070(B)(2) above require a new, separate utility connection directly between the ADU and the utility.
(a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU 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.
(b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
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17.28.080 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU 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. 107
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Chapter 17.28 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
Sections:

17.28.010 Purpose.

17.28.020 Effect of conforming.

An ADU 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 ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU 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.

17.28.030 Definitions.

As used in this section, terms are defined as follows:

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.

D. "Efficiency kitchen" means a kitchen that includes eachall of the following:
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1. A cooking facility with appliances.

2. A food preparation counter or counters that total at least fifteen square feet in areaand storage cabinets that are of a reasonable size in relation to the size of the JADU.

3. Food storage cabinets that total at least thirty square feet of shelf space.