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HomeMy WebLinkAbout2020-02-04 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, FEBRUARY 4, 2020 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTIONS V. ORAL COMMUNICATIONS Any person wishing to discuss any item not appearing on the agenda may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73-510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346- 0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER OF THE AGENDA. AGENDA REGULAR PLANNING COMMISSION MEETING FEBRUARY 4, 2020 A. MINUTES of the Regular Planning Commission meeting of December 3, 2019. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 125 Suuwat Way (APNs 771-260-044 and 771-280- 068). Case No. PMW 19-0004 (Evergreen Capital Trust, Sumner, Washington, Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0004. Action: VII. CONSENT ITEMS HELD OVER Vlll. NEW BUSINESS A. SELECTION of a Chairperson and Vice-Chairperson. Rec: By Minute Motion, nominate and appoint positions. Action: B. SELECTION of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions. Rec: By Minute Motion, nominate and appoint positions. Action: IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. 2 AGENDA REGULAR PLANNING COMMISSION MEETING FEBRUARY 4, 2020 A. REQUEST FOR CONSIDERATION for approval of a recommendation to the City Council for a Zoning Ordinance Amendment to amend Palm Desert Municipal Code Section 25.32.030 "Accessory Dwelling Units," Section 25.10.030, Section 25.18.040, and Section 25.99.020 to comply with recently enacted State legislation pertaining to accessory dwelling units and junior accessory dwelling units. Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2771, recommending to the City Council approval of Case No. ZOA 20- 0001. Action: B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and replace Section 25.28.030 "Medium/High-Density Housing Overlay District" in its entirety with a new "Housing Overlay District," and apply said overlay district to parcels identified in the City's Housing Element and parcels owned by the Housing Authority. Case No. ZOA 19-0004 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution Nos. 2772 and 2773, recommending to the City Council approval of Case No. ZOA 19-0004. Action: XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XIII. REPORTS AND REMARKS XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31 sc day of January 2020. Monica O'Reilly, Recording S retary 3 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, DECEMBER 3, 2019 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDERfill li++!fii4i�hll ' Chair Ron Gregory called the meeting to order at 6:01'p.'M. I"Ilifll�ljl" ;, II. ROLL CALL I � Present: Absent: Commissioner Joseph Pradetto Commissioner Nancy DeLuna Commissioner John Greenwood Vice-Chair Lindsay Holt Chair Ron Gregory Also Present: or' Susan Marie Weber May !''�I'I' Craig Hayes, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Commissioner John Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell introduced Mayor Susan Marie Weber. On behalf of the City Council, Mayor Susan Marie Weber thanked the Planning Commission for their service and presented them with a gift of appreciation. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of November 5, 2019. Rec: Approve as presented. A. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment to construct a pool at 121 Netas Drive (APNs 771-280-004 & 771- 280-069). Case No. PMW 19-0005 (Mike Stangl Palm Desert California Applicant). Rec: By Minute Motion, approve Case No. PMW 19-0005. Upon a motion by Commissioner Greenwood, seconded by Commissioner Pradetto and a 3-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: DeLuna and Holt). ��fl+�lll1!pl� ' 1'� VII. CONSENT ITEMS HELD OVER it, ilil+C�il4l,i IIIII h"'ll'll, None VIII. NEW BUSINESS None Dili, I��l �I ill Ill,i �� '��I �N+l�Illiq. IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS :,; A. REQUEST FOR CONSIDERATION to approve an amendment to Precise Plan 13- 279 to modify the entitlements by removing eight 12-plex buildings and replacing them with 30 new single-family homes on Lot 1 of Tract Map 36404 within Villa Portofino. Case No. PP 13-279 Amendment No. 1 (Palm Desert Property Ventures 2 LP La Quinta, California, Applicant). Associate Planner Kevin Swartz presented the staff report (staff report(s) are available at www.cityofpalmdesert.ora). He mentioned that staff received comments in favor from Palm Desert Greens Country Club because they believe the proposed amendment would preserve their views. Staff offered to answer any questions. Chair Gregory asked if the original development was oriented towards seniors. Mr. Swartz replied that it is correct. The project is still oriented towards seniors. He noted that seniors were not buying the two-story units; therefore, the applicant has requested to change to the project to single-story homes. 2 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 Chair Gregory commented that one of the lots is a retention basin with lawn. He asked if the lot is intended to be a pocket park. If so, he asked how deep is the retention basin. The basin is seven feet deep. Mr. Swartz said the original plans indicate there is lawn in the retention basin. However, he would ask the applicant to address the retention basin. Commissioner Joseph Pradetto asked staff to address how the loss of 60 units affects the Regional Housing Needs Allocation (RHNA) for the City of Palm Desert. Per the Development Agreement, Mr. Swartz said there is a condition that Villa Portofino must pay a fee of $1,166 per unit (66 units) in lieu of providing affordable housing. He noted that the applicant is aware of the condition. Principal Planner Eric Ceja added that RHNA provides an overall number of units the City must build. For the current RHNA cycle, he said Palm Desert is on target meeting the requirement for the number of units, even with the reduction of the 66 units at Villa Portofino. Commissioner Pradetto commented that there is no net positive, and the applicant would have to pay the fee regardless. Mr. Stendell stated that the fee was a negotiated condition. The fee was a concession in the original approval process in 1999. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. BRUCE MAIZE, the representative for The Rilington Group, stated that staff did an excellent job presenting the project as proposed. He, the architect, and the civil engineer are available to answer any questions. Mr. Maize indicated that the bottom of the retention basin would not be turf. He noted that the area is not accessible. They have talked to a landscape architect to include heavy cobble and provide proper drainage. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto commented that when he looked at this case, he thought about the action the Planning Commission took in 2018 to increase the density in the area. He felt that the developer is asking the Commission to take a step backward. He believed the amendment would make the residents at Palm Desert Greens Country Club happy. He said he was going to keep an open mind; however, there was not much testimony. At this point, he preferred to uphold the action the Commission approved in 2018. Commissioner Greenwood understood Commissioner Pradetto's comments. However, the development has gone through a lot of turmoil, and it is contingent for seniors. He would like to see the development come to fruition and have a sellable model. He stated he would like to maintain consistency with density and the General Plan. Nonetheless, the development is a small piece of the puzzle in terms of the overall project, and the development is viable. 3 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 Chair Gregory commented that he has talked to many friends and colleagues who do not like the prospect of living in a two-story home, so he has an understanding of why people would not be interested in purchasing in a two-story development. He voiced his concern with unsold two-story units. He was in favor of singe-story homes. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2767, approving Case No. PP 13-279 Amendment No. 1, subject to the conditions of approval. The motion was seconded by Chair Gregory and carried by a 2-1 vote (AYES: Greenwood and Gregory; NOES: Pradetto; ABSENT: DeLuna and Holt). B. REQUEST FOR CONSIDERATION to approve a Tentative Parcel Map to subdivide a 2.93-acre commercial lot into two parcels at 41725 Cook Street, and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. TPM 37795/19-0002 (The Altum Group Palm Desert California Applicant). Mr. Melloni outlined the salient points of the staff report and recommended approval. Chair Gregory commented that the landscape at the site has somewhat withered away. He asked if this is a good time to request that the landscape be brought up to the same quality when the project was first constructed. Mr. Stendell responded that the City would have better leverage if the Code Compliance Division handles the landscape issue other than going through the Tentative Parcel Map approval process. He would notify the Code Compliance Division in the morning. Commissioner Greenwood noticed that a fair amount of utilities are spanning between the east and the west with the proposed subdivision. He asked if there are any concerns with future precise plans. Mr. Melloni replied that there are telephone lines, which services the properties to Cook Street. He noted that the applicant would add a formal utility easement onto the final map. Therefore, any future development of either parcel would need to conform to the easement. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. STEVE HEISE, the land surveyor for The Altum Group, stated that the intention for the subdivision is because the front building is vacant. The owner would like to sell the building and see the building occupied. He said the utility easement is the telephone line, and the easement would be shown on the final map. Commissioner Greenwood asked the applicant to address the existing electrical lines. MR. HEISE responded that Southern California Edison (SCE) has an existing easement that covers the underground electrical lines. With no further testimony offered, Chair Gregory declared the public hearing closed. 4 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2768, approving Case No. TPM 37795/19-0002, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 3-0 vote (AYES: Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: DeLuna and Holt). C. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to establish a 4,842-square-foot place of worship within an existing office and industrial building at 75430 Gerald Ford Drive, and adopt a Notice of Exemption in accordance with CEQA. Case No. CUP 19-0009 (Mount Calvary Holy Church Indio California Applicant). Mr. Melloni reviewed the staff report. He noted that staff did not receive comments in favor of or opposed to this matter. Staff recommended approval. Chair Gregory inquired if there would be a problem with parking if the two churches have a special event. Mr. Melloni said if the City receives a complaint regarding parking, the church or churches must work with City staff to implement a plan to mitigate parking issues. Besides the existing church and the proposed church, Commissioner Greenwood asked if there are businesses in the center that might have a heavy use on Sundays. Mr. Melloni replied that the majority of the other businesses are only open during the weekdays. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JOHN GENTRY, the pastor with Mount Calvary Holy Church, stated that they are delighted for the opportunity to be coming to Palm Desert. He offered to answer any questions. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2769, approving Case No. CUP 19-0009, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 3-0 vote (AYES: Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: DeLuna and Holt). D. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to expand an existing group home from six to 10 women, including two nightly staff members at 44755 Deep Canyon Road, and adopt a Mitigated Negative Declaration of Environmental Impact in accordance with CEQA. Case No. CUP 19-0008 (HEARTbeat At 22 Palm Desert California Applicant). Mr. Swartz provided the staff report. He mentioned that staff did not receive comments opposing this request. He also noted that the City has not received any complaints or 5 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 have Code violations on file for the existing group home. Staff recommended approval and offered to answer any questions. Commissioner Greenwood asked if the occupants have cars, and could parking be an issue. Mr. Swartz deferred the question to the applicant. Commissioner Greenwood asked if the use were to change, what would happen with the Conditional Use Permit (CUP). Mr. Swartz explained that the CUP is specifically for a group home. If the use were to change to medical use, the applicant would need to amend the CUP. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MS. JAN LUPIA, the representative for HEARTbeat At 22, offered to answer any questions. Commissioner Greenwood asked Ms. Lupia to address parking. MS. LUPIA responded that the residents do not have cars. She noted that there have been no parking issues, and there is a total of eight parking spaces. Commissioner Pradetto inquired if the organization has other group homes similar to HEARTbeat At 22. MS. LUPIA replied no. Commissioner Pradetto asked if the program is specifically geared for women only. MS. LUPIA replied yes. Commissioner Pradetto asked if there is an intent to broaden the scope to men. MS. LUPIA replied no. She communicated that they would always focus on women that are homeless, in a crisis, and pregnant. Commissioner Pradetto asked staff and counsel if the Planning Commission could limit the condition that states the number of residents (12) to be restricted by gender. Mr. Stendell pointed out that the applicant's mission is for women only. He stated that the CUP is broad to the residents and the applicant could use the CUP in any way they wish. Commissioner Pradetto referred to Commissioner Greenwood's point if the applicant sold the property to someone else. Mr. Stendell said if the use were to change, the applicant would need to amend the CUP. 6 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 Mr. Ceja pointed out that Condition of Approval No. 8 states, "Operational changes which increase the intensity or scope of services provided by the facility shall be subject to the Department of Community Development review." Board members with HEARTbeat At 22 stood up in favor of this matter. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner Greenwood commented that his concerns were addressed in the conditions and in favor of approving the CUP. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2770, approving Case No. CUP 19-0008, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 3-0 vote (AYES: Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: DeLuna and Holt). XI. MISCELLANEOUS li gilRi None II�i��jlli,l+ Illllli XII. COMMITTEE MEETING UPDATES ;lii! i;l ,,1�,�1N!�Iljllil�l ail ��IN I�ilyir A. ART IN PUBLIC PLACES l� ' I'I � III�II@ill I I��IIIu„ None B. PARKS & RECREATION Mr. Stendell reported that the Parks & Recreation Commission did not have a formal meeting. However, the Commission took a tour of the Family YMCA of the Desert building on San Pablo Avenue and the Palm Desert Aquatic Center. XIII. REPORTS AND REMARKS Commissioner Pradetto referred to accessory dwelling units and understood there is a new State law. Mr. Ceja remarked that the State passed 19 laws in 2018 and 18 new laws in 2019 regarding housing. He stated that City staff has done their best to stay on top of all the new laws, and currently working with Best Best & Krieger to make amendments to the Accessory Dwelling Ordinance. Chair Gregory assumed that State law supersedes any homeowner association rules. Mr. Stendell replied yes. If a staff report goes to the City Council regarding law changes, Commissioner Pradetto asked staff if they are willing to share the information with the Planning Commission. 7 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 3, 2019 Mr. Ceja replied that the process requires the Planning Commission to review changes to the ordinance. Mr. Stendell asked staff to forward some internal documents to the Planning Commission. He noted that Mr. Ceja has a matrix of the law changes. City Attorney Craig Hayes also mentioned they have a lot of information that they could forward to the Planning Commission. Commissioner Greenwood mentioned that a couple of business owners on El Paseo approached him about concerns with the street improvements. They were not aware of the changes until the day the changes were being done. He asked how the City is going to communicate with the tenants on El Paseo of future changes. 6illp , Mr. Stendell responded that there is an opportunity for public input on December 12 with the City Council. Additionally, if tenants approach Commissioners about changes to El Paseo, he would appreciate having them contact Kevin Swartz. City staff is also developing tools for a survey, and staff will be doing more walking of El Paseo. He reminded the Commission that the changes were a,demonstration project to generate public input. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 6:51 p.m. RON GREGORY, CHAIR ATTEST: � gj���k; RYAN STENDELL, SECRETARY MONICA O'REILLY, RECORDING SECRETARY 8 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: CHRISTINA CANALES, ENGINEERING ASSISTANT Date: January 8, 2020 Subject: PARCEL MAP WAIVER NO. 19-0004 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 19-0004: Applicant: Evergreen Capital Trust 1302 Puyallup Street Sumner, WA 98390 Representative: Marsha Vincelette 77885 Las Montanas Road, # C Palm Desert, CA 92211 Christina Canales Engineering Assistant EXHIBIT "A" PARCEL MAP WAIVER 19-0004 LEGAL DESCRIPTION AFTER ADJUSTMENT - PAGE 1 OF 3 PAGES PARCEL A: PARCEL 2 OF CERTIFICATE OF COMPLIANCE-WAIVER OF PARCEL MAP NO. 99-13 IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1999 AS INSTRUMENT NO. 457540 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH A PORTION OF LOT "G" AS SHOWN ON TRACT MAP NO. 27520-4 FILED IN BOOK 270, PAGES 103 THROUGH 114 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE-WAIVER OF PARCEL MAP NO. 99-13, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 66' 22' 44" EAST, 51.09 FEET; THENCE SOUTH 52' 31' 28" EAST, 81.88 FEET; THENCE SOUTH 21' 07' 16" EAST, 46.00 FEET; THENCE SOUTH 32' 52' 44" WEST, 9.00 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE-WAIVER OF PARCEL MAP NO. 99-13; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 57' 07' 16" EAST, 38.79 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 21' 42' 45" WEST, 110.49 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 65' 32' 26" WEST, 124.47 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SOUTH 58' 32' 54" WEST, 13.61 FEET; THENCE NORTH 40' 50' 00" WEST, 88.26 FEET TO A POINT IN THE EASTERLY LINE OF LOT "B" OF THE AFOREMENTIONED TRACT MAP NO. 27520-4 AND THE WESTERLY LINE OF SAID PARCEL 2, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 163.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 36' 35' 33" EAST; THENCE NORTHERLY ALONG SAID CURVE AND WESTERLY LINE OF PARCEL 2 THROUGH A CENTRAL ANGLE OF 08' 44' 19" AN ARC LENGTH OF 24.86 FEET; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE ALONG A CURVE CONCAVE NORTHWEST AND HAVING A RADIUS OF 163.00 FEET THROUGH A CENTRAL ANGLE OF 41' 06' 18" AN ARC LENGTH OF 116.94 FEET; OAP` LAND PREPARED UNDER THE SUPERVISION OF: o�c_.) .V I L`���G��2 m 4-j-v L.S. 7978 �l * Exp. 12-31-20 VICTOR L. ILLENEUVE, L.S. 7978 DATE gTEx OFF,CAS1-20 \P EXP. 12/30/20 EXHIBIT "A" PARCEL MAP WAIVER 19-0004 LEGAL DESCRIPTION AFTER ADJUSTMENT - PAGE 2 of 3 PAGES PARCEL A (CONTINUED) THENCE CONTINUING ALONG SAID WESTERLY LINE AND LEAVING THE AFOREMENTIONED CURVE, NORTH 86' 26' 10" WEST, 13.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WEST AND HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE THROUGH SAID TANGENT CURVE BEARS SOUTH 86' 26' 10" EAST; THENCE CONTINUING ALONG SAID WESTERLY LINE AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03' 32' 17" AN ARC LENGTH OF 9.26 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS CF 60.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89' 58' 27" WEST; THENCE NORTHERLY ALONG SAID REVERSE CURVE AND WESTERLY LINE OF SAID PARCEL 2 THROUGH A CENTRAL ANGLE OF 14' 20' 37", AN ARC LENGTH OF 15.02 FEET; THENCE ALONG SAID WESTERLY LINE OF PARCEL 2 TANGENT NORTH 14' 22' 10" EAST, 51.32 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2 AND THE POINT OF BEGINNING. CONTAINING 0.814 ACRES, MORE OR LESS. SUBJECT TO ALL RIGHTS, RIGHTS OF WAY, COVENANTS AND EASEMENTS OF RECORD, IF ANY. LAND PREPARED UNDER THE SUPERVISION OF: �C`�� a > m ;o L.S. 7978 Lpi * Exp. 12-31- 31-20 VICTOR L. ILLENEUVE, L.S. 7978 DATE EXP. 12/30/20 CA��F EXHIBIT "A" PARCEL MAP WAIVER 19-0004 PAGE 3 OF 3 PAGES TRANSFER PARCEL (PORTION OF LOT "G", TRACT 27520-4 M.B. 270 PAGES 103-114 . A PORTION OF LOT "G" AS SHOWN ON TRACT MAP NO. 27520-4, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN BOOK 270, PAGES 103 THROUGH 114 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE-WAIVER OF PARCEL MAP NO. 99-13, RECORDED OCTOBER 15, 1999 AS INSTRUMENT NO. 1999-457540 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 66' 22' 44" EAST, 51.09 FEET; THENCE SOUTH 52' 31' 28" EAST, 81.88 FEET; THENCE SOUTH 21' 07' 16" EAST, 46.00 FEET; THENCE SOUTH 32' 52' 44" WEST, 9.00 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE-WAIVER OF PARCEL MAP NO. 99-13; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL 2, NORTH 57' 07' 16" WEST, 147.03 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2 AND THE POINT OF BEGINNING. CONTAINING 4648.190 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL RIGHTS, RIGHTS OF WAY, COVENANTS AND EASEMENTS OF RECORD, IF ANY. LAND PREPARED UNDER THE SUPERVISION OF: � F � a > rm L.S. 7978 Exp. 12-31-20 VICTOR L. VILLENEUVE, L.S. 7978 DATE EXP. 12/30/20 ��qTF or C A��F��\P EXHIBIT "B" SHEET 2 OF 2 SHEETS P.M.W. 19-0004 EASEMENT NOTES: DENOTES A VARIABLE WIDTH EASEMENT FOR SANITARY l 1 SEWER AND INCIDENTAL PURPOSES 1N FAVOR OF COACHELLA VALLEY WATER DISTRICT, AS SHOWN ON TRACT MAP NO. 27520-4, M.B. 270, 103-114. n, DENOTES A VARIABLE WIDTH EASEMENT FOR INGRESS/EGRESS f� AND EMERGENCY VEHICULAR ACCESS 1N FAVOR OF THE THE CITY Of PALM DESERT, AS SHOWN ON TRACT MAP NO. 27520-4, M.B. 270, 103-114. j� DENOTES A PUBLIC UTILITY EASEMENT IN FAVOR OF I J\ SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED SEPTEMBER 18, 1998 AS INSTRUMENT NO. 1998-397253, OFFICIAL RECORDS. ® DENOTES A PUBLIC UTILITY EASEMENT IN FAVOR OF GTE CALIFORNIA INCORPORATED, RECORDED AUGUST 27, 1998 AS INSTRUMENT NO. 1998--359617, OFFICIAL RECORDS, 5 DENOTES RIGHTS INCIDENTAL THERETO, IN FAVOR OF DESERT CANYON HOMES, LLC, L 1 A WASHINGTON LIMITED LIABILITY CORPORATION, FOR INSTALLATION, MAINTENANCE, AND OTHER REPLACEMENT OF LANDSCAPING, SIGNAGE, UTILITIES, AND SUCH OTHER PURPOSES AS DETERMINED TO BE APPROPRIATE, RECORDED JULY 9, 1999 AS INSTRUMENT NO. 1999-309101, OFFICIAL RECORDS. fyA iCa GU& Ye place, �he LA/y Rai- I �'five V u -po r ```�� ° PM w ! q -oob w i.em s L.S. 7978 r' One p l ee:�S{ ? Exp. 12-31-20 yt OF.CAIa� ADJUSTMENT PLAT -- CITY + PREPARED BY. APPLICANT: EVERGREEN CAPII RL i nua i 125 SUUWAT WAY ¢ , VICTO VII I ENEUVE DATE PALM DESERT, CA 9226D ACTING CITY SURVEYOR L.S. 7978 EXP. 12 31 20 L S. 85Q8 EXP. 12 31 20 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: February 4, 2020 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration for approval of a recommendation to the City Council for a Zoning Ordinance Amendment to amend Palm Desert Municipal Code Section 25.32.030 "Accessory Dwelling Units," Section 25.10.030, Section 25.18.040, and Section 25.99.020 to comply with recently enacted State legislation pertaining to accessory dwelling units and junior accessory dwelling units. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2771, recommending to the City Council approval of Zoning Ordinance Amendment 20-0001, to modify the Palm Desert Municipal Code sections pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Background An ADU is a secondary dwelling with complete independent living amenities, constructed on a lot containing an existing single-family dwelling. They are typically attached or detached from the existing dwelling, or in the case of JADUs, converted from a portion of the existing dwelling such as a garage or bedroom. In 2019, the California Legislature approved, and the Governor signed into law six bills (SB 13 and ABs 68, 587, 670, 671, 881 collectively "New ADU Laws") that amended Government Code section 65852.2 and 65852.22 to impose new limits on the local authority to regulate ADUs and JADUs. The New ADU Laws became effective on January 1, 2020. If a city does not have an ADU ordinance that complies with State law, the City's own ADU ordinance is considered null and void, and any applications are subject to standards established under Government Code Section 65852.2. The new ADU laws address the following: • Prohibits cities from establishing a minimum lot size requirement for ADUs and JADUs. • Allows any lot containing an existing or proposed single-family dwelling to have one JADU and one ADU. • Clarifies that cities can designate areas for ADUs based on adequacy or impacts on water and sewer services and impacts on traffic flow and public safety. • Prohibits cities from enforcing owner-occupancy requirements until January 1, 2025. February 4, 2020 — Planning Commission Staff Report Case No. ZOA 20-0001 —Accessory Dwelling Units Page 2 of 4 • Prohibits cities from establishing a maximum size of an ADU of less than 850 square feet for studios and one-bedroom units, and 1,000 square feet for ADUs with more than one bedroom. • Establishes four categories of ADUs that must be approved by cities, regardless of any other local provisions, within a residential or mixed-use zone. Following are the four categories: o An ADU or JADU within the proposed or existing space of a single-family dwelling when certain conditions for emergency egress are met. o A detached ADU that is no greater than 800 square feet, with a maximum height of sixteen feet (16') with a minimum four-foot (4') setback from the side and rear property lines, regardless of any other development standards for the property zoning. o ADUs within a multifamily dwelling converted from non-habitable building areas such as storage rooms, boiler rooms, attics, basements, or garages, provided the converted space complies with the Building Code. Cities must allow up to 25% of the number of existing units and a minimum of one (1). o Two (2) detached ADUs on a lot with an existing multi-family dwelling provided each unit has a maximum height of sixteen feet (16') and a minimum four-foot (4') setback from the side and rear property lines. • Clarifies that cities cannot require replacement off-street parking spaces for ADUs or JADUs created through the conversion of a garage, carport, or other covered parking structure. • Prohibits cities from requiring parking for new ADUs within a half-mile walking distance of public transit, within a historic/architecturally significant district, contained within the structure of an existing single-family dwelling (JADUs), in an area requiring parking permits or adjacent to vehicle share. • Requires cities to review applications for ADUs and JADUs within 60 days (down from 120 days under previous legislation). The laws also stipulate that ADUs and JADUs must be reviewed and approved ministerially. • Establishes limitations on cities from collecting development impact fees (DIF) based on the size of an ADU. Generally, ADUs under 750 square feet are now exempt from the DIF. Impact fees for ADUs larger than 750 square feet must be proportional to the fee collected for primary units. • Creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur. To qualify for this exemption, the primary dwelling and ADU must be built by a qualified non-profit corporation whose mission is to provide affordable units to low- income households. Project Description The City's current regulations for ADUs were adopted by the City Council in 2017. The State has since amended ADU legislation requiring the City to comprehensively amend the ordinance. The proposed changes are necessary to implement new State requirements with regard to approval procedure, parking, development standards, and definitions. February 4, 2020 — Planning Commission Staff Report Case No. ZOA 20-0001 — Accessory Dwelling Units Page 3 of 4 The proposed amendment includes objective design standards for architecture, landscaping, and historic preservation to ensure new ADUs are consistent with their property setting. These standards require ADUs to match the architecture details, materials, and scale of the existing unit. The changes also include adjustments to areas ADUs are allowed. Under the previous ordinance, ADUs were permitted in single-family residential zones. ADUs will now be allowed in the City's multi-family and downtown mixed-use zones in accordance with the new ADU laws. The proposed amendment will prohibit ADUs in the Hillside Planned Residential (HPR) zone. Properties within the HPR zone are within a Very High Fire Hazard Severity zone, utilize wells for water supply, and are accessible by private roads, which do not fully conform to current Riverside County Fire requirements. Due to concerns regarding the adequacy of existing water services in the area for residential and fire service and potential for adverse impacts for emergency response, it is recommended that ADUs and JADUs be prohibited within this zone. Section 25.34.030 "Accessory Dwelling Units" Palm Desert Municipal Code (PDMC) Section 25.34.030 "Accessory Dwelling Units" is modified in its entirety to reflect the new State laws. Changes include modified definitions, reduced parking requirements, the inclusion of the mandatory ADU approval categories, architecture and landscaping design guidelines, and a prohibition of short-term-rentals within all ADUs and JADUs. Section 25.10.030 "Allowed Land Uses and Permit Requirements" Proposed modifications to this section include a modification to Table 25.10-1: Use Matrix for Residential Districts, which adds "Accessory Dwelling Units" and "Junior Accessory Dwelling Units" as a land use category, which will be permitted in all residential zones with the exception of Hillside Planned Residential. Section 25.18.040 "Land Use and Permit Requirement" Proposed modifications to this section include a modification to Table 25.18-1: Use Matrix for Downtown Districts, which adds "Accessory Dwelling Units" and "Junior Accessory Dwelling Units"as a land use category, which will be permitted in all downtown mixed-use zones where residential is allowed. Section 25.99.020 — Land Use Definitions Updated land use definitions for"Accessory Dwelling Units" and added a definition for"Junior Accessory Dwelling Units". February 4, 2020 — Planning Commission Staff Report Case No. ZOA 20-0001 —Accessory Dwelling Units Page 4 of 4 Public Input Public noticing was conducted in accordance with State law. A public hearing notice was published on Saturday, January 25, 2020, in The Desert Sun. To date, the Community Development Department has received no letters in opposition to or in favor of the proposed ordinance amendment. Environmental Review This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15282(h), which establishes a statutory exemption for local jurisdictions to adopt an ordinance regarding accessory dwelling units to implement provisions of Government Code Section 65852.1 and 65852.2. Findings of Approval Findings can be made in support of the amendment and in accordance with the City's Municipal Code. Findings in support of this project are contained in the draft Planning Commission Resolution No. 2771, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY REVIEW MANAGER N/A -Plg� N/A N/A Robert W. Hargreaves Ryan Stendell, Director of Janet Moore Andy Firestine City Attorney Community Development Director of Finance Assistant City Manager City Manager Lauri A laian: N/A ATTACHMENT: 1. Draft Planning Commission Resolution No. 2771 2. Public Hearing Notice PLANNING COMMISSION RESOLUTION NO. 2771 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REVISE SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND MODIFY SECTION 25.10.030 "RESIDENTIAL ALLOWED LAND USES AND PERMIT REQUIREMENTS," SECTION 25.18.040 "DOWNTOWN LAND USE AND PERMIT REQUIREMENTS," AND SECTION 25.99.020 "LAND USE DEFINITIONS" TO COMPLY WITH STATE LEGISLATION PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS. CASE NO: ZOA 20-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 41h day of February 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and C. In 2019, the California Legislature approved, and the Governor signed into law several bills ("New ADU Laws") that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on the local authority to regulate ADUs and JADUs; and D. The new ADU laws take effect January 1, 2020, and if the City's ADU ordinance does not comply with the new ADU laws, the City's ordinance becomes null and void on that date as a matter of law; and E. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22; and F. Failure to comply with Government Code Sections 65852.2 and 65852.22 (as amended) as of January 1, 2020, renders the City's ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few PLANNING COMMISSION RESOLUTION NO. 2771 default standards provided in Government Code Sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and G. The approval of ADUs and JADUs are based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. H. In accordance with the California Environmental QL�ilty Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") and the State CE2A Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City hasl�,�ICI( ermined that the revisions to the Palm Desert Municipal Code (PDMO,)'! ere ex#Tpt from environmental review. SECTION 2. Amendment. The Planning' Commission of the City of l'i Palm Desert iI recommends that the City Council of the City of Palm Desert,,California, approve and adopt the Municipal Code amendment to Sections 25 34 030 25 1 �'p30, 25.18.040 ar'd 25.99.020 I uill�Ill�i�'. as shown in Exhibit A, which is attached hereto ands 1ncorported herewith. SECTION 3. Severability 1,t'l, ; ray section, !�)section, subdivision, paragraph, sentence, clause, or phrase in this ordal�;an�411llr any part hl�I lof is for any reason held to be I�Ih ,I �� , .I I� unconstitutional or invalid or ineffective'' I� any court,of comp�t�nt jurisdiction, such decision shall not affect the validity or effectivenessf the rI �ai'<<'�ih po"rtions of this ordinance or any part thereof. The Plann� Ig.1. ,Cornission h'; pby'declares'" hat it would have passed each ilk �I ill.IiclIir'll' section, subsection, suivision, p§ragraph,l;Shtence, clause, or phrase thereof irrespective I;Bill of the fact that on�J�1 "� or more s� Pections, ubdivisions, paragraphs, sentences, clauses, or phrases be declr ` unconst�t11,inal invalid or ineffective. "�I'I� ��I��II � '�I'�Iljll R' '� SEC TIO., II14 Calf+ �rt�Ia Environmental Quality Act Finding. The Planning It III O(4 Commissi'pn o ' heVlCfity of Ialm Desert finds that the adoption of this ordinance is exempt ' I' 4 ;iI 1 ryM�II, frorr�„lICEtA review in'('aecordal e,with Section 15282(h) of the CEQA Guidelines, which Ie �I�I is,adoption of an ordinance regarding accessory dwellingprovidek,lp statutory exenl on fort , units and Iunior accessory,,!!d1rvelling units to implement the provisions of Government Code Section 65852 1 and 6585?�II p! �4 II 'I�) I('i ! j,l"��'!I Ill II�II�II,I' NOW, THZ'1,F,,,,l,7bALIFORNIA, �FOEi'+�BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM D AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 20-0001. 2 PLANNING COMMISSION RESOLUTION NO. 2771 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4tn day of February 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ►r LINDSAY HOLT, CHAIR ATTEST: :,ji4i1jj$I LNG � f RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSI + , ,��,��flLillll►��+;I�II��,a�i�► !p►,fi���,,�,. +��!���� � 9 II n ill" �li+ti �I��I �Ih' 3 PLANNING COMMISSION RESOLUTION NO. 2771 EXHIBIT A 25.10.030 — Allowed Land Uses and Permit Requirements Table 25.10-1: Use Matrix for Residential Districts Residential'Zoning District (P=Permitted;A=Administrative Use Permit;L=Large Family Day Care Use Permit;C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R-11V1 HPR pR Special Use Provisions Residential Uses Assisted living N C C C N N C Accessory Dwelling Unit P P P P P N P 25.34.030 Condominium N N C C N N C Dwelling,duplex N N P P N N N Dwelling,multifamily N N P P N N C 25.10.040.A Dwelling,single-family P P P N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.13 Guest dwelling P P P N N P P Home-based business P P P P P P P Junior Accessory Dwelling Unit P P P P P N P 25.34.030 Manufactured home parks N N N N (' N N Planned unit development, N N C C' N C C 25.10.040.0 residential Transitional and supportive housing see Note 1 PLANNING COMMISSION RESOLUTION NO. 2771 25.18.040 — Land Use and Permit Requirements Table 25.18-1: Use Matrix for Downtown Districts Zone Land Use Special Use Provisions D D-0 DE DE-0 Residential Uses Accessory Dwelling Unit P P P P 25.34.030 Assisted Living N N N C Condominium C C C C 25.16.040.13 Dwelling,duplex C C C P 25.16.040.13 Dwelling,multifamily C' C t C P 25.16.040.13 Dwelling,single-family C C C N 25.16.040.13 Group home C C C N 25.16.040.13 Junior Accessory Dwelling Unit P P P P 25.34.030 Home-based business N N N P PLANNING COMMISSION RESOLUTION NO. 2771 25.34.030 — Accessory Dwelling Units A. 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. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: (1) Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (3) Considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Required to correct a nonconforming zoning condition, as defined in subsection C. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. C. Definitions. For the purposes of this Section, the following definitions shall apply. (1) "Accessory Dwelling Unit" 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: a) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. (2) "Accessory Structure" means a structure that is accessory and incidental to a dwelling located on the same lot. (3) "Complete independent living facilities" means a permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. (4) "Efficiency Kitchen" means a kitchen that includes each of the following: a) A cooking facility with appliances. b) A food preparation counter or counters that total at least 15 square feet in area. PLANNING COMMISSION RESOLUTION NO. 2771 c) Food storage cabinets that total at least 30 square feet of shelf space. (5) "Junior Accessory Dwelling Unit (JADU)" means residential unit that: a) Is no greater than 500 square feet in size, b) Is contained entirely within an existing or proposed single-family structure, c) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and d) Includes an efficiency kitchen, as defined by this in subsection (c) (4) of this Code. (6) "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. (7) "Nonconforming Zoning Condition" means physical improvement on a property that does not conform with current zoning standards. (8) "Owner" means the property owner on the latest equalized property tax assessment roll. If the Owner is not a natural person or group of natural persons (e.g. the Owner is a trust or corporation), then the Owner(s) shall designate a natural person for the purpose of satisfying the owner occupancy requirements set forth in Subsection (E)(6). The Owner(s) designated natural person(s) shall reside on-site shall have authority to bind the owner in all matters related to the site, and shall not pay rent or other compensation, nor provide services to the owner. (9) "Owner-occupancy" means an Owner currently resides on the property in either the Primary Dwelling Unit, ADU or JADU. (10) "Passageway" means pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (11) "Primary Dwelling" means an existing single-family dwelling, or the larger of two proposed dwellings. (12) "Proposed Dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (13) "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. PLANNING COMMISSION RESOLUTION NO. 2771 (14) "Tandem Parking" means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUs and JADUs under this section: (1) Building-permit only. If an ADU or JADU complies with each of the general requirements listed in subsection (D), it is allowed with only a building permit in the following scenarios: a) Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: (i) Is either contained within the floor area of a proposed single- family dwelling; contained within the existing floor area of an existing single-family dwelling; or contained within the space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. (ii) Has exterior access that is independent of that for the single- family dwelling. (iii) Provides minimum side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. b) 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 D(1)a) above, if the detached ADU satisfies the following limitations: (i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is below 800 square feet. (iii) The total height of the structure, as measured from grade to the top of pitch, is 16 feet or less. c) Converted on Multi-family Lot: Multiple ADUs up to 25 percent of the total multi-family dwelling units, but no less than one unit, are allowed within portions of existing multifamily dwelling structures that are not used as living area, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each converted ADU complies with state building standards for dwellings. d) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: PLANNING COMMISSION RESOLUTION NO. 2771 (i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (2) ADU Permit. a) Except as allowed under subsection (D)(1) above, no ADU shall be created without obtaining a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director of Building and Safety and approved by the City Council by resolution. (3) Process and Timing. a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing. b) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either: (i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (i i) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above: (1) Zoning. a) An ADU or JADU subject only to a building permit under subsection D(1) above may be created on any lot in a residential or mixed-use zone, with exception to the City's Hillside Planned Residential (HPR) Zone. b) An ADU or JADU subject to an ADU permit under subsection D(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use, with exception to the City's Hillside Planned Residential (HPR) Zone PLANNING COMMISSION RESOLUTION NO. 2771 (2) Fire Sprinklers. Fire sprinklers shall be required in an ADU if sprinklers are required in the primary residence. (3) Rental Term. No ADU or JADU shall be rented for a term that is shorter than 28 days. An ADU or JADU is not eligible for a Short-Term Rental permit. (4) No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot) except where allowed for qualifying units under Government Code Section 65852.26. (5) Septic System. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (6) Owner Occupancy. a) All ADUs created before January 1, 2020 are subject to the owner- occupancy requirement that was in place when the ADU was created. b) An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement. c) All ADUs that are created 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. d) 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. (7) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Building and Safety. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a) The ADU or JADU may not be sold separately from the primary dwelling except where allowed for qualifying units under Government Code Section 65852.26. PLANNING COMMISSION RESOLUTION NO. 2771 b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. c) The deed restriction runs with the land and may be enforced against future property owners. d) 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. e) The deed restriction is enforceable by the Director of Community Development 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. (8) Certificate of Occupancy. A Certificate of Occupancy shall not be issued for an ADU or JADU prior to the Certificate of Occupancy for the primary dwelling. F. Specific ADU Requirements. The following requirements apply only to ADUs that require a Ministerial ADU permit under subsection D(2) above. (1) Maximum Size. a) The maximum size of a detached or attached ADU subject to this subsection shall be 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. b) An attached ADU that is created on a lot with an existing primary dwelling is shall be limited to 50 percent of the floor area of the existing primary dwelling. c) Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet. PLANNING COMMISSION RESOLUTION NO. 2771 (2) Floor Area Ratio (FAR). No ADU subject to this subsection shall cause the total FAR of the lot to exceed the maximum permitted floor area ratio allowed for the underlying zoning designation, subject to subsection F(1)c) above. (3) Lot Coverage. No ADU subject to this subsection F shall cause the total lot coverage of the lot to exceed the maximum lot coverage allowed for the underlying zoning designation, subject to subsection F(1)c) above. (4) Minimum Open Space. No ADU subject to this subsection F shall cause the total percentage of open space or landscaping of the lot to fall below the minimum required open space percentage for the underlying zoning designation, subject to subsection F(1)c) above. (5) Height. a) A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure. In no case shall an ADU exceed the height of the primary dwelling unit. b) A detached ADU may not exceed one story. (6) Passageway. No passageway, as defined by this section, is required for an ADU. (7) Parking. a) 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 this section. Such parking space shall be ten (10) feet wide by twenty (20) feet-deep for covered spaces and nine (9) feet wide by eighteen feet and six inches (18'-6") deep for open spaces. b) Exceptions. No parking under subsection F(7)a) is required in the following situations: (i) The ADU is located within one-half mile walking distance of public transit, as defined by this section. (ii) The ADU is located within an architecturally and historically significant historic district. (iii) The ADU is part of the proposed or existing primary residence, converted non-living, or a converted accessory structure under subsection D(1)a) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU. (v) When there is an established car share vehicle stop located within one block of the ADU. PLANNING COMMISSION RESOLUTION NO. 2771 c) 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. (8) Architectural Requirements. a) All architectural details of an ADU shall match the style, materials, colors, and quality of the primary dwelling. b) The materials and colors of the exterior walls, roof, eaves and windows and doors shall match the appearance and architectural design of the primary dwelling. c) The roof pitch, roof type, roof shape and roof material shall match the primary dwelling. d) All roof and ground-mounted equipment shall be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight. e) All exterior lighting shall comply with Chapter 24.16 of the Palm Desert Municipal Code and shall be limited to down-lights or as otherwise required by the building or fire code. f) The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building fagade, not facing a public-right-of-way. g) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. h) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (9) Landscape Requirements. a) Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: b) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every 10 linear feet of exterior wall. c) For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground level ADU, a solid wall or fence of at least six feet in height where allowed may be installed. PLANNING COMMISSION RESOLUTION NO. 2771 d) All landscaping must be drought-tolerant. e) All landscaping must be from the City's approved plant pallet. f) The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire marshal. (10) Historical Protections. The following requirements apply to ADUs on real property that is listed in the California Register of Historic Resources or Landmark as defined under Chapter 29.20 of the Palm Desert Municipal Code: a) All additions and modifications affecting the exterior of the primary dwelling shall be subject to obtaining a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code b) Additions and exterior modifications shall preserve the architectural character, and retain any distinctive stylistics features of the existing research and be subject to design standards identified under Chapter 29.60.080 of the Palm Desert Municipal Code. G. Fees. (1) Impact Fees. a) No impact fee is required for an ADU that is less than 750 square feet in size. b) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. (2) Utility Fees. a) Converted ADUs and JADUs on a single-family lot, created under subsection D(1)a) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home. b) All ADUs and JADUs not covered by subsection G(2)a) above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the PLANNING COMMISSION RESOLUTION NO. 2771 water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G(2) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. 25.99.020 — Land Use Definitions Accessory Dwelling Unit. 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: a) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. Junior Accessory Dwelling Unit. A residential unit that: c) Is no greater than 500 square feet in size, d) Is contained entirely within an existing or proposed single-family structure, e) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and f) Includes an efficiency kitchen, as defined by this in subsection (c)(4) of this Code. PLANNING COMMISSION RESOLUTION NO. 2771 EXHIBIT B 25.10.030 — Allowed Land Uses and Permit Requirements Table 25.10-1: Use Matrix for Residential Districts Residential'Zoning District (P=Permitted;A=Administrative Use Permit;L=Large Family Day Care Use Permit;C=Conditional Use Permit; N=Not Permitted) RE R-1 R-2 R-3 R-IM HPR PR Special Use Provisions Residential Uses Assisted living N (' C C N N C Accessory Dwelling Unit P P P P P N P 25.34.030 Condominium N N C' C N N C Dwelling,duplex N N 1, P N N N Dwelling,multifamily N N P P N N C 25.10.040.A Dwelling,single-family P P 1, N N P P Farmworker housing N N N N N N N Group home P P P N N P P 25.10.040.13 Guest dwelling P P P N N P P Home-based business P P P P P P P Junior Accessory Dwelling Unit P P 1' P P N P 25.34.030 Manufactured home parks N N N N C N N Planned unit development, N N C C N C C 25.10.040.0 residential Transitional and supportive see Note 1 housing PLANNING COMMISSION RESOLUTION NO. 2771 25.18.040 — Land Use and Permit Requirements Table 25.18-1: Use Matrix for Downtown Districts Zone Land Use Special Use Provisions D D-O DE DE-0 Residential Uses Accessory Dwelling Unit P P P P 25.34.030 Assisted Living N N N C Condominium C C ' C C 25.16.040.13 Dwelling,duplex C ' C ' C P 25.16.040.13 Dwelling,multifamily C C' C P 25.16.040.13 Dwelling,single-family C ' C C N 25.16.040.13 Group home C ' C ' C N 25.16.040.13 Junior Accessory Dwelling Unit P P P P 25.34.030 Home-based business N N N P PLANNING COMMISSION RESOLUTION NO. 2771 25.34.030 - Accessory Dwelling Units requiremeRts herein are inteRded te Gemply with the requiremeRtS of state law. YR4) shall be permitted within those resideRtial ZOR*Rg distrk)t ideRtified PR Table 25.1-0- with the requirements of this SeGtieR and other appliGable provisieRS of this tatle. C. Requirements. ApplicatiORS fer an aGGessery unit must meet the fGllGWiRg 1. The parGel MUSt GeRtain aR existing and permitted primary resideRtial unit. 2. The aGc-essory unit shall provide Gemplete and independeRt living faGiliti separate from the primary unit. by the GoaGhella Valley Water DistriGt and shall not adversely impad vehiGula but are RGt required to, be metered separately 3. The accessery URit shall have adequate sewer and water services as determ from the primary unit. detached,4. The aGc-essery unit may be area of the existing primary unit. 5. The living area of a detaGhed or attaGhed aGGessery unit shall Rot eXGeed perGent of the fleor area of the permitted and GC)RStrLAGted primary UR9t but On RG evien� t be less than 400 square feet er evneed 1 ,200 square feet in area. F The i root shall only he for rental purposes or personal use of the property ewngK_ setbacks,7. The aGGessery unit may not be seld separately f rem the priM.-aPy, 8. ARY Rew GORstruc-tieR associated with the aGGessery unit shall GeMply Wit parking buildiRg o height, landSGape, and des!gR standards contained within the base ZeRiRg district and shall net alter the geReral appearaRGe of the primary Unit as a single-family residence 9. The aGGeSSGry unit and all related improvements inGlydiRg a garage or carp shall archoteGturally matGh and/or be eempatible with the design ef the Primary YRit. bedroom withiR a garage 9F Garport, Lip te a maximum of twe spaGes. Off street parkingrequirements may be eliminated nF rnE)dified under the felleWiRg circumstances: a. No off street parkiRg is requ'red for aGcessory units IGGated within ene-half (i/2) mile of public transit h. 7 Te acne unit cry nit is located within an architects gall y and hictnrinally Ah significapt historic district of the existing primary snit of the accessory Uni+ PLANNING COMMISSION RESOLUTION NO. 2771 e. Ne off street parking Is required when a Gar share vehiGle 06 leGated within nv l�ne hlno of the accessory unit the D. The . I ;t shall be owner-oGGUpied. if the property ewner is Linable te OGGHPY It shall remain unoGeupied during perieds In whiGh the aGGessory e dwelling unit is rented. In Re instanGe may beth uRits be rented. A GevenaRt memorializing thus requirement shall be reGOrded agaiRSt the Property priGr to ssuan of the nertifina+e of nnni ipaRGY for the nr�nesser�i rfieiellinry i init r ... ��_.� _..._. E___Density lim�i_�.rits don't apply. 4n annessery unit whirh r•nnfnrmc to these requirements- shall Ret be GORSidered to exceed the allnwablp deRSity for the let upen which it located, and shall be deemed te be a residential use GC)nSisteRt with the General P and 7nninn and Land Use QrdinonGe designation fer the lot A. 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. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: (1) Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (3) Considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Required to correct a nonconforming zoning condition, as defined in subsection C. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. C. Definitions. For the purposes of this Section, the following definitions shall apply. (1) "Accessory Dwelling Unit" 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: a) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. PLANNING COMMISSION RESOLUTION NO. 2771 (2) "Accessory Structure" means a structure that is accessory and incidental to a dwelling located on the same lot. (3) "Complete independent living facilities" means a 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. (4) "Efficiency Kitchen" means a kitchen that includes each of the following: a) A cooking facility with appliances. b) A food preparation counter or counters that total at least 15 square feet in area. c) Food storage cabinets that total at least 30 square feet of shelf space. (5) "Junior Accessory Dwelling Unit (JADU)" means residential unit that: a) Is no greater than 500 square feet in size, b) Is contained entirely within an existing or proposed single-family structure, c) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and d) Includes an efficiency kitchen, as defined by this in subsection (c)(4) of this Code. (6) "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. (7) "Nonconforming Zoning Condition" means physical improvement on a property that does not conform with current zoning standards. (8) "Owner" means the property owner on the latest equalized property tax assessment roll. If the Owner is not a natural person or group of natural persons (e.g. the Owner is a trust or corporation), then the Owner(s) shall designate a natural person for the purpose of satisfying the owner occupancy requirements set forth in Subsection (E)(6). The Owner(s) designated natural person(s) shall reside on site, shall have authority to bind the owner in all matters related to the site, and shall not pay rent or other compensation, nor provide services to the owner. (9) "Owner-occupancy" means an Owner currently resides on the property in either the Primary Dwelling Unit, ADU or JADU. (10) "Passageway" means pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. PLANNING COMMISSION RESOLUTION NO. 2771 (11) "Primary Dwelling" means an existing single-family dwelling, or the larger of two proposed dwellings. (12) "Proposed Dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (13) "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. (14) "Tandem Parking" means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUs and JADUs under this section: (1) Building-permit only. If an ADU or JADU complies with each of the general requirements listed in subsection (D), it is allowed with only a building permit in the following scenarios: a) Converted on Single-family Lot: Only one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: (i) Is either: contained within the floor area of a proposed single- family dwelling; contained within the existing floor area of an existing single-family dwelling; or contained within the space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. (ii) Has exterior access that is independent of that for the single- family dwelling. (iii) Provides minimum side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. b) 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 D(1)a) above, if the detached ADU satisfies the following limitations: (i) The side- and rear-yard setbacks are at least four-feet. (ii) The total floor area is below 800 square-feet. (iii) The total height of the structure, as measured from grade to the top of pitch, is 16 feet or less. PLANNING COMMISSION RESOLUTION NO. 2771 c) Converted on Multifamily Lot: Multiple ADUs up to 25 percent of the total multi-family dwelling units, but no less than one unit, are allowed within portions of existing multifamily dwelling structures that are not used as living area, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each converted ADU complies with state building standards for dwellings. d) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: (i) The side- and rear-yard setbacks are at least four-feet. (i i) The total floor area is 800 square feet or smaller. (2) ADU Permit. a) Except as allowed under subsection (D)(1) above, no ADU shall be created without obtaining a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director of Building and Safety and approved by the City Council by resolution. (3) Process and Timing. a) An ADU permit is considered and approved ministerially, without discretionary review or a hearing. b) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application, unless either: (i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (i i) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single- family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. PLANNING COMMISSION RESOLUTION NO. 2771 E . General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above: (1) Zoning. a) An ADU or JADU subject only to a building permit under subsection D(1) above may be created on any lot in a residential or mixed-use zone, with exception to the City's Hillside Planned Residential (HPR) Zone. b) An ADU or JADU subject to an ADU permit under subsection D(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use, with exception to the City's Hillside Planned Residential (HPR) Zone (2) Fire Sprinklers. Fire sprinklers shall be required in an ADU if sprinklers are required in the primary residence. (3) Rental Term. No ADU or JADU shall be rented for a term that is shorter than 28 days. An ADU or JADU is not eligible for a Short-Term Rental permit. (4) No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot) except where allowed for qualifying units under Government Code Section 65852.26. (5) Septic System. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (6) Owner Occupancy. a) All ADUs created before January 1, 2020 are subject to the owner- occupancy requirement that was in place when the ADU was created. b) An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement. c) All ADUs that are created 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. d) 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 PLANNING COMMISSION RESOLUTION NO. 2771 owned by another governmental agency, land trust, or housing organization. (7) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Building and Safety. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a) The ADU or JADU may not be sold separately from the primary dwelling except where allowed for qualifying units under Government Code Section 65852.26. b) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. c) The deed restriction runs with the land and may be enforced against future property owners. d) 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. e) The deed restriction is enforceable by the Director of Community Development 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. (8) Certificate of Occupancy. A Certificate of Occupancy shall not be issued for an ADU or JADU prior to the Certificate of Occupancy for the primary dwelling. F. Specific ADU Requirements. The following requirements apply only to ADUs that require a Ministerial ADU permit under subsection D(2) above. PLANNING COMMISSION RESOLUTION NO. 2771 (1) Maximum Size. a) The maximum size of a detached or attached ADU subject to this subsection shall be 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. b) An attached ADU that is created on a lot with an existing primary dwelling is shall be limited to 50 percent of the floor area of the existing primary dwelling. c) Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet. (2) Floor Area Ratio (FAR). No ADU subject to this subsection shall cause the total FAR of the lot to exceed the maximum permitted floor area ratio allowed for the underlying zoning designation, subject to subsection F(1)c) above. (3) Lot Coverage. No ADU subject to this subsection F shall cause the total lot coverage of the lot to exceed the maximum lot coverage allowed for the underlying zoning designation, subject to subsection F(1)c) above. (4) Minimum Open Space. No ADU subject to this subsection F shall cause the total percentage of open space or landscaping of the lot to fall below the minimum required open space percentage for the underlying zoning designation, subject to subsection F(1)c) above. (5) Height. a) A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure. In no case shall an ADU exceed the height of the primary dwelling unit. b) A detached ADU may not exceed one story. (6) Passageway. No passageway, as defined by this section, is required for an ADU. (7) Parking. a) 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 this section. Such parking space shall be ten (10) feet-wide by twenty (20) feet-deep for covered spaces and nine (9) feet-wide by eighteen feet and six inches (18'-6") deep for open spaces. PLANNING COMMISSION RESOLUTION NO. 2771 b) Exceptions. No parking under subsection F(7)a) is required in the following situations: (i) The ADU is located within one-half mile walking distance of public transit, as defined by this section. (ii) The ADU is located within an architecturally and historically significant historic district. (iii) The ADU is part of the proposed or existing primary residence, converted non-living, or a converted accessory structure under subsection D(1)a) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU. (v) When there is an established car share vehicle stop located within one block of the ADU. c) 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. (8) Architectural Requirements. a) All architectural details of an ADU shall match the style, materials, colors, and quality of the primary dwelling. b) The materials and colors of the exterior walls, roof, eaves and windows and doors shall match the appearance and architectural design of the primary dwelling. c) The roof pitch, roof type, roof shape and roof material shall match the primary dwelling. d) All roof and ground-mounted equipment shall be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight. e) All exterior lighting shall comply with Chapter 24.16 of the Palm Desert Municipal Code and shall t be limited to down-lights or as otherwise required by the building or fire code. f) The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building fapade, not facing a public-right-of-way. PLANNING COMMISSION RESOLUTION NO. 2771 g) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. h) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (9) Landscape Requirements. a) Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: b) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall. c) For a ground-level ADU, plant specimens must be at least six feet tall when installed. As an alternative, for a ground level ADU, a solid wall or fence of at least 6 feet in height where allowed may be installed. d) All landscaping must be drought-tolerant. e) All landscaping must be from the city's approved plant pallet. f) The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire marshal. (10) Historical Protections. The following requirements apply to ADUs on real property that is listed in the California Register of Historic Resources or Landmark as defined under Chapter 29.20 of the Palm Desert Municipal Code: a) All additions and modifications affecting the exterior of the primary dwelling shall be subject to obtaining a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code b) Additions and exterior modifications shall preserve the architectural character and retain any distinctive stylistics features of the existing research and be subject to design standards identified under Chapter 29.60.080 of the Palm Desert Municipal Code. G. Fees. (1) Impact Fees. a) No impact fee is required for an ADU that is less than 750 square feet in size. PLANNING COMMISSION RESOLUTION NO. 2771 b) Any impact fee that is required for an ADU that is'750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. (2) Utility Fees. a) Converted ADUs and JADUs on a single-family lot, created under subsection D(1)a) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home. b) All ADUs and JADUs not covered by subsection G(2)a) above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage- fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G(2) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. PLANNING COMMISSION RESOLUTION NO. 2771 25.99.0A2(0�/�— Land Use Definitions p unit, �t+'/�1r� }�C1}� � Accessory dwelling unit. n dwelling unit, attaG ed er de ached, that pr/1\/1dresideRtial uses. it shall include permaneRt previsiens fer IIV!Rg, sleeping, �C eating,c;omplete independent living farilities for one or more persons en a parcel zoned Gooking, and sanitation en the same parGel as the Single-family dwelling is situat__ An aGGeSSGry dwelling Unit is not counted as part ef the maximum allowable deR-,� frnr aRY Inning d'Strin+ Accessory Dwelling Unit. 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: a) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b) A manufactured home, as defined by Section 18007 of the California Health and Safety Code. Junior Accessory Dwelling Unit. A residential unit that: c) Is no greater than 500 square feet in size, d) Is contained entirely within an existing or proposed single-family structure, e) Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and f) Includes an efficiency kitchen, as defined by this in subsection (c)(4) of this Code. CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 4, 2020 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration of approval to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and replace Section 25.28.030 "Medium/High-Density Housing Overlay District' in its entirety with a new "Housing Overlay District," and apply said overlay district to parcels identified in the City's Housing Element and parcels owned by the Housing Authority. Recommendation Waive further reading and: 1. Adopt Planning Commission Resolution No. 2772, recommending to the City Council approval of Zoning Ordinance Amendment 19-0004 to replace Section 25.28.030 "Medium/High-Density Housing Overlay District" in its entirety with a new "Housing Overlay District" of the Palm Desert Zoning Ordinance. 2. Adopt Planning Commission Resolution No. 2773, recommending to the City Council approval of Zoning Ordinance Amendment 19-0004 to apply the "Housing Overlay District"to parcels of land identified in Exhibit A of the resolution. Background Analysis On January 10, 2019, the City Council directed staff to form an ad-hoc "Affordable Housing Subcommittee"for the following: • Review the City's affordable housing and planning policies. • Review existing planning policies from around the State. • Perform a comparative analysis of available affordable housing with other Coachella Valley cities. • Explore affordable housing policy options for the City of Palm Desert. Throughout 2019, Community Development staff from the Planning and Housing Divisions worked with Councilmembers Harnik and Kelly to perform the tasks mentioned above. In October 2019, staff held an open house at City Hall and presented the findings and policy recommendations to the public. Based on that meeting, the subcommittee has initiated a February 4, 2020 — Staff Report ZOA 19-0004: Housing Overlay District Page 2 of 4 Zoning Ordinance Amendment (ZOA) to establish a new and voluntary Housing Overlay District. Project Description Housing Overlay District: The proposed ordinance replaces the existing "Medium/High-Density Overlay District" (MHDO) with a new "Housing Overlay District" (HOD). The HOD intends to incentivize the development of affordable housing units in the City by providing optional development standards for housing developers that choose to dedicate at least 20% of all housing units constructed at affordable rents. By utilizing the HOD, housing developers are provided the following: • Flexible development standards. • Expedited application processing. • Waiver of a Planning Commission public hearing. • Density Bonuses in accordance with State Density Bonus provisions. • Reduced parking standards. • Potential waiver of City development impact fees. The HOD does not require property owners or residential housing developers to utilize the incentives provided in the overlay district. Rather, the HOD intends to encourage voluntary participation by developers to create new affordable housing units. Applicability As recommended by the subcommittee, the HOD will be applied to parcels owned by the Housing Authority and properties, developed or undeveloped, and identified in the City's Housing Element. In discussing where to apply the HOD, the subcommittee looked at Housing Authority properties and the City's Housing Element. Housing Authority properties traditionally are developed with units at affordable rents, and generally receive density bonuses and parking reductions. There are two Housing Authority parcels recommended to receive the HOD. One property is located at the Desert ARC campus on Country Club Drive that is entitled to have 36 housing units for persons with special needs. The second property is an undeveloped 1.26-acre parcel located at the southeast corner of San Pascual Avenue and Santa Rosa Way. The Housing Authority anticipates soliciting developer interest in this parcel later this year. In 2013, the City Council adopted the Housing Element and established a minimum number of housing units for 10 parcels north of Frank Sinatra Drive. Two of those parcels: the Vineyard Apartments and Sage at Ponderosa are developed or under construction. The other eight parcels remain vacant or currently under review with the Planning Department for new housing development. Applying the HOD to all 10 parcels will provide property owners an option to build affordable units on the parcels or build market-rate units. In the past, Planning staff has negotiated an affordable housing requirement for these parcels. The negotiations have resulted in significant delays, and many interested developers have G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc February 4, 2020 — Staff Report ZOA 19-0004: Housing Overlay District Page 3 of 4 chosen not to develop. The HOD will minimize the need to negotiate unduly and incentivize developers to provide affordable units within their projects. The map below identifies the parcels (included in Resolution No. 2773. DvuN 9RORE �, . CRY `oE DR CITY X sw I YM1M M' I � k — T { ? e r vrtw R 'UTHORITY @ :' PALM DESERT GENERAL PLAN/HOUSING ELEMENT y -Opm SPaca !Town Canal Nepnbpnmtl-RapionM RNav f -'CmvanYmal$WWbf,Naipbbwhootl-ErtW Wmam -Subwban RaW Ca,var � - RVY NepbbwtooE �MufYW w NM(nOarMaO Canter''i M� C.att Cewaa d RaM NrgnbwM1aaO ®RW4c iatlaNMtlbBaul -Ca.vMo' ✓ °Qp sm x*o-..n NepbahooE ",Rawn dEmnwm.m MINITY MAP Medium/High-Density Housing Overlay District: The MHDO was established in 2013 as part of the comprehensive Zoning Ordinance Update. The purpose of the MHDO was to allow higher density residential development north of Frank Sinatra Drive in the undeveloped areas of the City previously referred to, "University Park Area." In 2017, the City adopted a comprehensive General Plan update and the University Park Neighborhood Specific Plan. These documents provided policies that increased zoning densities and established neighborhood design criteria for the University Park Area. In 2018, the City updated the zoning standards and densities to be consistent with the General Plan. As such, the MHDO is no longer necessary. Rather than remove the overlay from the Zoning Ordinance, staff recommends replacing the overlay with the new HOD. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the creation of the Housing Overlay District will not have an impact on G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc February 4, 2020 — Staff Report ZOA 19-0004: Housing Overlay District Page 4 of 4 the environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. Findinqs of Approval Findings can be made in support of the project and in accordance with the City's Municipal Code. Findings in support of this project are contained in Planning Commission Resolution Nos. 2772 and 2773, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY REVIEW MANAGER N/A N/A N/A Robert W. Hargreaves Ryan Stendell, Director of Janet Moore Andy Firestine City Attorney Community Development Director of Finance Assistant City Manager City Manager, Lauri A laian: N/A ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2772 2. Draft Planning Commission Resolution No. 2773 3. Public Hearing Notice 4. Housing Commission Minutes of January 8, 2020 G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc PLANNING COMMISSION RESOLUTION NO. 2772 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION 25.28.030 "MEDIUM/HIGH-DENSITY HOUSING OVERLAY DISTRICT" WITH A"HOUSING OVERLAY DISTRICT," AND TO PROVIDE INCENTIVES FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL UNITS IN NEW RESIDENTIAL PROJECTS CASE NO: ZOA 19-0004 ;a'll� 11 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 41h day of February 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the City Council, at their meeting of January 10, 2019, formed an "Affordable Housing Policy Subcommittee" and directed the subcommittee to explore affordable housing policy options; and WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing Overlay District" to incentivize the development of new housing units at affordable rents; and WHEREAS, the Housing Overlay District provides optional incentives for property owners and housing developers, who restrict at least 20% of all project units at affordable rents, by providing expedited application processing, potential development impact fee waivers, density bonuses, and reduced parking standards; and WHEREAS, Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution, and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment to replace Section 25.28.030 Medium/High-Density Housing Overlay District with a "Housing Overlay District" as shown in Exhibit A which is attached hereto and incorporated herewith. PLANNING COMMISSION RESOLUTION NO. 2772 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental _Quality Act (CEQA) from environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 19-0004. PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4" dq,pf,February2020 by the following vote, to wit: ;i�ljl��i�!i��ii���u�iiilllllfl���� ��uii!illilll�l!Illlu� AYES: NOES: ABSTAIN: IIIII!� ABSENT: !f'Quq r i ABS I!!�� I. LINDSAY HOLT, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2772 EXHIBIT A 25.28.030 Housing Overlay District A. Intent. The intent of overlay district is to incentivize the development of affordable housing units in the City of Palm Desert. B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to provide optional standards and incentives for the development of a wide variety of housing developments, which provide a minimum of 20% of all units dedicated as income-restricted. The overlay zone is generally applied to properties identified in the City's Housing Element and Housing Authority owned properties as shown in Figure 25.28-1. Wherever the HOD has been added to a base zone, the applicant may choose whether to use the optional HOD standards and/or the standards of the base zone. C. Uses permitted by approved precise plan and conditional use permit. Uses permitted or conditionally permitted in the R-2 and PR zoning districts may be approved through an Architectural Review application process. Housing types applicable to the HOD include, but are not limited to, single-family detached/attached, duplex units, and multi-family development, either for rent or for sale. D. Development standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to 'reflect the unique requirements of integrating income-restricted units into market-rate housing developments. Flexibility to the base zone development standards may be utilized as part of the design review of an Architectural Review application. Design guidance contained in Section 25.20 "Downtown District Design Guidelines," and within the University Neighborhood Specific Plan shall be followed. E. Affordable Housing Requirement. To be eligible for the provisions of this chapter, rental housing development within the HOD shall provide a minimum of twenty percent (20%) of all units within the project at income=restricted rents, or at least one (1) unit for smaller residential projects. All fractional'units shall be rounded up to the next whole number. F. Density and intensity. Project densities are established in the Zoning Ordinance and on the Zoning Map. Any mixed-use and residential project under this Chapter is eligible for a density bonus as allowed under State law. Formulas for density bonuses are contained in Palm Desert Municipal Code Chapter 25.34.040. 1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to presence or absence of common project amenities. Each unit shall contain, as a minimum, a kitchen including two (2) burners, an oven, a refrigerator/freezer, a sink, counter space, and storage. 3 PLANNING COMMISSION RESOLUTION NO. 2772 G. Parking requirement. 1. Parking ratios based on bedroom count shall be calculated as follows: Table 25.28-1: Parking Required for Housing Overlay Bedroom Count Parking Ratio Studio / 1 Bedroom 1.50 per unit 2 — 3 Bedrooms 2.00 per unit H. Development Impact Fees: Any mixed-use or residential project eligible under the overlay district may be subject to a fee waiver of City fees for all income-restricted units including plan check and inspection fees. The remainder of the project may be eligible for a reduction in fees if funding sources are available with the City's Affordable Housing funds. IIIoil� ,,y!4 4 PLANNING COMMISSION RESOLUTION NO. 2773 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO APPLY THE HOUSING OVERLAY DISTRICT TO HOUSING AUTHORITY PARCELS AND PARCELS IDENTIFIED IN THE CITY'S HOUSING ELEMENT (APNS: 623- 370-014, 627-120-013, 685-010-005, 694-120-028, 694-130-016, 694-130- 017, 694-190-087, 694-200-014, 694-200-024, 694-510-001, & 694-510-013) CASE NO: ZOA 19-0004 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 41" day of February 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted; and WHEREAS, the City Council, at their meeting of January 10, 2019, formed an "Affordable Housing Policy Subcommittee" and directed the subcommittee to explore affordable housing policy options; and WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing Overlay District" to incentivize the development of new housing units at affordable rents; and WHEREAS, the subcommittee reviewed which properties to apply the Housing Overlay District recommended starting with Housing Authority parcels and those parcels identified in the City's Housing Element; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution, and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by an ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment creating the Housing Overlay District and applying the overlay to parcels as shown in Exhibit A which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any PLANNING COMMISSION RESOLUTION NO. 2773 part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 19-0004. PASSED, APPROVED,AND ADOPTED by the Planing Commission of the City of Palm Desert, California, at its regular meeting held on the 4I11' "' of February 2020 by the following vote, to wit: AYES: NOES: A��ii� II ABSENT: ABSTAIN: �, IiII � ���h�� Ifllllll�lii�►lill����l� I � �;� ,� �b LINDSAY HOLT, CHAIR ATTEST: �l�;j,i RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2773 EXHIBIT A A - Open Space 6 Conventional Suburban Neighborhood Rural Neighborhood E� F" Golf Course&Resort Neighborhood G Small Town Neighborhood 4 Town Center Neighborhood r ® Employment H B Industrial Public Facility/Institutional !: Resort&Entertainment - Regional Retail ,< Suburban Retail center Neighborhood center Downtown A. zK. �A'WtM y rejtn 4q � - L S� aY l f PALM DESERT GENERAL PLAN/ _. HOUSING ELEMENT ,r WIW City of Palm Desert PLANNING COMMISSION RESOLUTION NO. Case No. ZOA 19-0004 Date: 2/4'2020 3 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 19-0004 NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT AND TO APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES AND PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT; AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone will not result in a direct impact to the built environment, and that specific projects within the overlay zone will be evaluated in accordance with CEQA when a development application is filled. Therefore, the Director of Community Development is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: The Housing Overlay District (HOD) is intended to be applied to the following parcels as identified by Assessor Parcel Numbers: 622-370-014, 627-122-013, 685-010-005, 694-120-028, 694-130-017, 694-130-021, 694-190-087, 694-200-014, 694-200-024, 694-310- 006, 694-510-001, and 694-510-013. Code Amendment Description: The HOD is intended to incentivize the development of affordable housing units in the City by providing optional development incentives. By opting to utilize the HOD, property owners agree to provide 20% of all housing units at affordable rents. In doing so, the property owner is eligible for flexible development standards, density bonuses in accordance with State law, reduced parking ratios, expedited application processing, and potential waiver of certain development impact fees. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to the Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on February 4, 2020, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from January 25, 2020, to February 4, 2020. Public Review: The ZOA is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 384 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary Inns IAI7\/ nc nnnn MI_-_. -- ^-------'- -'_ ._ PRELIMINARY MINUTES PALM DESERT HOUSING COMMISSION JANUARY 8, 2020 V. NEW BUSINESS A. REQUEST FOR CONSIDERATION of recommendation to the Housing Authority Board and City Council to approve the Housing Overlay District for the establishment of an affordable housing incentive policy to be presented at a future meeting. Senior Management Analyst, Jessica Gonzales provided a brief summary of the request before the Commission and introduced Principal Planner, Eric Ceja for the presentation of the Housing Overlay District, Mr. Ceja provided a short introduction of himself. He then provided a summary of the background to the Housing Overlay District, stating last year City Council appointed a subcommittee including Mrs. Gonzales, himself and council members, Jan Harnik and Kathleen Kelly, to explore affordable housing policies for the City of Palm Desert. After reviewing a range of different policies, the subcommittee is recommending a zoning ordinance amendment which establishes a Housing Overlay District. Mr. Ceja explained the Housing Element Plan submitted to the State contains requirements that the City is mandated to perform, specifically the Regional Housing Needs Assessment (RHNA) which requires the City to plan for a number of housing units to be built during an eight year cycle, with the upcoming cycle to begin 2021. The City has had many proposals come forward for residential developments which has led to staff being tasked with looking at ways to achieve additional affordable housing for each of these developments. Previous negotiations with developers have been individualized resulting in a variety of different incentives being provided and applied to each project. City Council requested staff research the possibility of devising a standard policy for incentives offered to interested developers, instead of individualized negotiations of incentives for each project. Mr. Ceja further stated Mrs. Gonzales and he reviewed the City's goals and policies in the General Plan, Strategic Plan, and the Housing Element to see what policies are established at the city level that are similar which specifically address affordable housing. They also looked at a metric of how best to view housing as a whole for the City. Their research found a jobs housing balance of one and a half jobs for every household was promoted by both the American Planning Association and the Building Industry Association. They also reviewed RHNA. The State has determined 1.3 million homes will need to be built in Southern California over the next eight year cycle which begins in 2021. An estimated 2,700 of those homes are to be built in the City of Palm Desert. The proposed affordable housing units will vary from very low income to above moderate income. Director of Community Development, Ryan Stendell, commented in the last five years the City has built less than 100 units per year, so this metric is very ambitious. Reviewing the RHNA Cycles, in 1998 the City met its overall goal for total number of units required. However, in 2007, recession hit and the State eliminated Redevelopment Agencies which significantly cut into the City's ability to develop housing. The City was ultimately unable to meet RHNA's goal number. With the end of the current RHNA cycle, 2014 through 2021, the City was able to meet the required production numbers based on private market development and Housing Authority projects that have been completed, 2 PRELIMINARY MINUTES PALM DESERT HOUSING COMMISSION JANUARY 8, 2020 specifically, the Carlos Ortega Villas. Mrs. Gonzales noted these numbers also include projects that have been approved, but are not yet constructed. Mr. Ceja stated Mrs. Gonzales and he used the metric of one and a half jobs for everyone household promoted by the American Planning Association and the Building Industry Association to see how the City of Palm Desert compares to this standard. A review of Palm Desert's portfolio reveals approximately 1,700 units built which are currently in operation with 245 committed units in the very low income category. Upon inquiry as to whether these are rental properties or owner occupied, Mrs. Gonzales explained there are four different housing categories. The first being the fifteen Housing Authority communities, the second category are 350 developer provided units which are through a housing agreement utilizing a density bonus, the third category are owner occupied, which are single family homes offered at the Falcon Crest and Desert Rose communities as well as infill homes built through self-help and Habitat for Humanity of the Coachella Valley. The fourth category, Entitles, is a combination of all categories. Of the approximately 1,700 units, 725 are dedicated to very low income households, 719 to low income, and 308 for moderate income households. Seniors occupy just over 700 of the units and nearly 500 units are occupied by households with children under the age of 21. Additionally, almost half of the total units are maintained by a female head of household. Mr. Ceja reported Mrs. Gonzales and he conducted thorough research and review of the other cities valley-wide to see how Palm Desert compares. Results for Palm Desert indicated there are approximately 2 people per household with 1.14 jobs available per household. While not quite at the 1.5 ratio that is advocated for, Palm Desert is doing better than most cities in the Coachella Valley, Councilmember Kelly, commented the large number of retirees in the Coachella Valley influences the overall numbers. There is an expectation of fewer jobs per household as a consequence of the retiree population occupying so many homes. Discussions amongst the subcommittee members have observed that Palm Desert is the employment center of the Coachella Valley therefore, efforts should be made to ensure there is sufficient housing to support the employees in Palm Desert. Mr. Ceja reported approximately 4.5% of Palm Deserts housing stock is dedicated to affordable housing. Mrs. Gonzales and he did extensive research to determine what other affordable housing policy options are available around the state. There have been a number of changes at the State level in the last two years including 18 new housing laws passed in 2018 and 19 new housing laws passed in 2019. These new laws include items which would streamline the process for development. Permits will still be required for projects such as building an accessory dwelling unit or a new addition to a home, however, the City would be limited with its ability to deny the development of these types of structures. Additionally, there are new California Environmental Quality Act (CEQA) clearances and guidelines related to housing that have been implemented to assist with expediting the development of housing with the State. Their research also revealed many cities were creating an affordable housing overlay district, which is the policy before the commission. Other cities fee schedules were also 3 PRELIMINARY MINUTES PALM DESERT HOUSING COMMISSION JANUARY 8, 2020 reviewed. Staff had considered the possibility of a no net fee, which would allow fees to essentially stay the same, however, a portion would be allocated to affordable housing. At the policy committee level it was not recommended to move forward with this alternative, though, this is still an option which may be considered in the future. There has also been discussion regarding the need to identify Housing Authority properties and taking a more assertive approach to market these properties for development. With the release of the new RHNA numbers staff will need to be strategic with how these properties are released and developed. In larger cities, an inclusionary housing ordinance has been implemented which requires developers to set aside a portion of that development for affordable housing. This policy has received mixed reviews and is not currently in practice within the Coachella Valley, therefore, it is not an option being entertained at this time. Mr. Ceja referenced the current Housing Overlay District policy before the commission, stating its intent is to incentivize affordable housing units. This policy would be voluntary and would be applied to properties that have been identified in the City's housing element as well as Housing Authority properties. This is an optional standard, should a developer choose to allocate 20% of the units within their housing project as income restricted units, they are eligible for the incentives offered in the policy. Commission Buller inquired as to the origin of the incentives being proposed in the policy, did staff receive feedback or input from the development community or are they from other city policies. In reply, Mr. Ceja stated initially, City staff met exhaustively with the Building Industry Association, Desert Valley Builders Association, Coachella Valley Housing Coalition and other affordable housing developers to get a better understanding of what impedes their ability to develop affordable housing. What staff learned was that requiring certain items can make it difficult for developers to finance their projects, however, they approved of an option to have incentive standards available to them. Additionally, staff reviewed other cities who had overlay district policies, finding the majority offered development standard flexibility, some type of expedited process through the City, and a density bonus. Staff is hoping there are enough incentives within this policy to entice developers to provide affordable housing units as part of their project. Chair Mireles observed the identified properties for the overlay district are all north of Fred Waring and asked if there was a reason for this. Mr. Ceja replied the identified properties are already part of the established housing element and others are already owned by the Housing Authority, making these ideal areas to slowly start the implementation of this policy. He noted this policy could be applied to additional areas in the future. Councilmember Kelly added the City is trying to avoid over populating areas and drastically altering the character of established neighborhoods without community input and public hearing. These properties have already been identified as very suitable for this kind of development. 4 PRELIMINARY MINUTES PALM DESERT HOUSING COMMISSION JANUARY 8, 2020 Vice Chair Ballard asserted the issue seems to be the percentage of loss to property values. In reply, Councilmember Kelly stated the issue is lifestyle as well as property value, adding many people have moved to the area because they want to escape urban density. Vice Chair Ballard commented there are a number of different things that will rely on the success of this program. He noted they will need to adapt new standards of appraisal for example, adding he can see many positive and negative aspects to this program. He stated one of the issues his client has come up against is the community's unwillingness to have affordable housing in their area. Vice Chair Ballard expressed it will be a challenge to present this program in a positive light, and felt it should be taken to the real estate community to see how this will affect them. He stated he feels the overlay is a great idea and agrees with the recommended policy. Director of Community Development Ryan Stendell agreed that the implementation of this policy will not be easy, however, it is a good start toward the future of affordable housing. Vice Chair Ballard inquired about the possibility of approaching the Marriott, adding they have the land and the means to build. Councilmember Kelly asserted affordable housing requires extensive expertise because the funding sources are varied and complex, it is a specialty. There are entities with this specialty in the Coachella Valley, and many more resources outside of our area which we may be able to entice to the City. It would be difficult to convince entities that do not already possess an expert on staff to take this opportunity. It would a greater prospect for success to identify and entice entities that are already involved in the affordable housing industry within the surrounding vicinity. Mrs. Gonzales explained this policy is intended for communities being developed that would not have 100 percent affordability provided as part of that community. This policy is meant to encourage private developers, who did not plan otherwise, to include 20% of their units as affordable housing, so they can take advantage of the incentives which come along with this inclusion. Chair Mireles expressed concerned regarding the designated areas being concentration in one area adding he would like to see it spread more throughout the City. Councilmember Kelly commented that our current affordable housing communities are located throughout the City. The area designated in the overlay district are where the City has the most vacant land available for development. This proposed area currently has housing communities like Genesis, already developed and the allocated areas for affordable housing are approximately 25% of the overlay district, so a noticeable concentration of these developments are avoided. Mrs. Gonzales reiterated that the developments would not be one hundred percent affordable, it would be 20% of the units in any given development which would prevent a concentration of affordable households. Additionally, since these areas are vacant land they provide the best opportunity for developers to take advantage of the density bonus 5 PRELIMINARY MINUTES PALM DESERT HOUSING COMMISSION JANUARY 8, 2020 and other offered incentives, which in turn allows the City to yield a greater number of affordable units. Commissioner Buller observed some of the incentives and strategies mentioned in the housing overlay district were items that were negotiated with the developer for the Sands project. In reply, Mr. Ceja stated this was correct, adding the State already allows a density bonus and notes the number of concessions a City should offer. The overlay district policy uses some of those density provisions and further defines the incentives which would be available as a standard to any developer who chooses it as an option. Upon inquiry by Commission Buller, Mr. Stendell stated the map provided is part of the General Plan adding the designated overlay district areas are zone as planned residential. Chair Mireles commended the City for being aggressive about addressing the issue of affordable housing. Upon a motion by Vice-Chair Ballard, second by Commissioner Guinaw, and a 6-0 vote of the Housing Commission the Consent Calendar was approved as presented (AYES: Ault, Buller, Ballard, Guinaw, Mireles, and Morrison; NOES: None; ABSENT: None). VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND CO TS A. C mission Members Remarks and Requests Mrs. Gonzales introduced staff member, Chris Gerry, commenting she invited him to the meeting so that he can provide more detailed information on the City's efforts to help the homelessness in our community. Management Analyst, Chris Gerry, gave a brief introduction of himself. Mr. Gerry informed the City has a local homeless outreach program which includes two Riverside County workers dedicated to the City of Palm Desert. These county staff workers are contracted through Riverside University Health Systems, which is part of their mental health department. They work in our community essentially full time and drive throughout the community in a County vehicle looking for individuals who are homeless. Mr. Gerry stated those in homeless advocacy have found that continual relationship building with homeless individuals builds trust which allows the workers to help them with their current situation and the eventual goal of participation in the Housing First model program. Initial contact by the workers with the homeless in the community will normally include a conversation and an offer of water, coffee, help and 6