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HomeMy WebLinkAboutRes No 27711 1 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 4th 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 based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. H. In accordance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to the Palm Desert Municipal Code (PDMC) are exempt from environmental review. 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 Municipal Code amendment to Sections 25.34.030, 25.10.030, 25.18.040 and 25.99.020 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 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 that the adoption of this ordinance is exempt from CEQA review in accordance with Section 15282(h) of the CEQA Guidelines, which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units and junior accessory dwelling units to implement the provisions of Government Code Section 65852.1 and 65852.2. 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 20-0001. 2 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 4th day of February 2020, by the following vote, to wit: AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: DE LUNA ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION NIX ISAY HOLT, CAIR 3 PLANNING COMMISSION RESOLUTION NO. 2771 EXHIBIT A 25.10.030 — Allowed Land Uses and Permit Reauirements 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-1M HPR Special Use Provisions Residential Uses Assisted living Accessory Dwelling Unit P P P P P P 25.34.030 Condominium Dwelling, duplex Dwelling, multifamily Dwelling, single-family Farmworker housing Group home Guest dwelling Home -based business P P N N P P N N C 25.10.040.A P P P N N P P N N N N N N N P P P P P P P P P P 25.10.040.B P Junior Accessory Dwelling Unit P P P P P P 25.34.030 Manufactured home parks Planned unit development, residential Transitional and supportive housing see Note 1 N C 25.10.040.0 4 PLANNING COMMISSION RESOLUTION NO. 2771 25.18.040 — Land Use and Permit Requirements Table 25.18-1: Use Matrix for Downtown Districts Land Use Residential Uses Zone D D-O DE DE-0 Special Use Provisions Accessory Dwelling Unit P P P P 25.34.030 Assisted Living Condominium Dwelling, duplex Dwelling, multifamily Dwelling, single-family Group home N N N C i C' C' c C' c C' i 1 1 C' c C' C C 25.16.040.B C P 25.16.040.B C P 25.16.040.B N 25.16.040.B C N 25.16.040.B Junior Accessory Dwelling Unit P P 25.34.030 Home -based business 1 1 N N N 5 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. 6 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (5) c) Food storage cabinets that total at least 30 square feet of shelf space. "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. 7 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 Multi -family Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: 8 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (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. (3) 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. 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 (ii) 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 multi -family dwelling residential use, with exception to the City's Hillside Planned Residential (HPR) Zone 9 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 multi -family 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. (7) 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. 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. 10 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 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 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. 11 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. 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. (3) (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. 12 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (8) 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. 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 facade, 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. 13 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 ADU 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 14 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 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. 15 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-1M HPR PR Special Use Provisions Residential Uses Assisted living Accessory Dwelling Unit P P P P P P 25.34.030 Condominium Dwelling, duplex Dwelling, multifamily Dwelling, single-family Farmworker housing Group home Guest dwelling Home -based business P P N N P P N N C 25.10.040.A P P P N N P P N N N N N N N P P P N N P P 25.10.040.B P P P P P P P P P P P P Junior Accessory Dwelling Unit P P P P P P 25.34.030 Manufactured home parks Planned unit development, residential Transitional and supportive housing see Note 1 C 25.10.040.0 16 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 25.18.040 — Land Use and Permit Requirements Table 25.18-1: Use Matrix for Downtown Districts Land Use Zone D-O DE Residential Uses DE-0 Special Use Provisions Accessory Dwelling Unit P P P 25.34.030 Assisted Living Condominium Dwelling, duplex Dwelling, multifamily Dwelling, single-family Group home N N C C 25.16.040.B C P 25.16.040.B C P 25.16.040.B C N 25.16.040.B C N 25.16.040.B Junior Accessory Dwelling Unit 25.34.030 Home -based business 17 PLANNING COMMISSION RESOLUTION NO. 2771 25.34.030 — Accessory Dwelling Units housing opportunities in the City by allowing accessory residential unito under certain condition° in ar_as normally restricted to singly family and multi family units and to preserve the character of ourrounding neighborhoods. Regulation° and permit 1: "Use Matrix for Residential Districts" of the Zoning Ordinance and in compliance with the requirements of this section and other applicable provisions of this title. C. Requirements. Applications for an accessory unit muot moot the following requirements: 1. The parcol muot contain an existing and permitted primary residontiel JF t separate from the primary uni+ 3. The accessory unit ohall have adequate sewer and water services as determined traffic flow. Accessory units may, but are not required to, be metered separately from the primary unit. �. The accesory unit may be detached, attached, or incorporated within the living ar a of the existing primary unit. 5. The living area of a detached or attached accessory unit shall not exceed 50 percent of the floor area of the permittedand cr,nctr„cted primary --unit but in no event be Iecro than 100 square feet or exceed 1,200 square feet in area. 6. The unit shall only be for rental purposes or personal use of the property owner. 7. The accessory unit may not be sold separately from the primary unit. 8. Any new construction assoc' nit &. c .singly family residence. 9. Tho access„ unit and all related improv ntc in°lading a garage or carport °mpetiblo with the design of the primary unit. 10. The accessory unit °hall bo provided with one off street parking space per or carpal, ap to a maHcimum of two spaces. Off-street parking requirements may be eliminated or modified under the following circumstances: a. No off-street {1/2) mile of publio tranoit. b. The accessory unit io located within an architecturally and historically significant historic district. c. No additional off-street parking is required when the accesory unit is part of the existing primary unit. d. When off stream imrking permits are required but not offered to the occupant of the accessory unit. 18 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 c. No off street parking is required when a car share vehicle is located within one block of the accessory unit. the primly unit, it shall remain unoccupied during periods in which the accessory dwelling unit io rented. In no instance may bath Nnitn he rented. A covenant memorializing this requirement shall be recorded against the property prior tv i& .cnee of the certificate of occupancy for the accessory dwelling unit. E. Density limi-ts-den't apply. An acecsser-y unit which conforms to -these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and sh,II to deemed to be a residvntrl vse consistent with the General Plan and Zoning and Land Use Ordinance designation for the lot. I. 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. J. 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. K. 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. 19 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) (5) "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. "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. 20 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (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. L. 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, p►us 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. 21 PLANNING COMMISSION RESOLUTION NO. 2771 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 Multi -family Lot: No more than two detached ADUs on a tot that has an existing multi -family dwelling if each detached ADU satisfies the following limitations: (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. (3) a) Except as allowed under subsection (D)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. 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 (ii) 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. 22 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 M. 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 multi -family 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 multi -family 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 23 PLANNING COMMISSION RESOLUTION NO. 2771 (7) owned by another governmental agency, land trust, or housing organization. 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. N. Specific ADU Requirements. The following requirements apply only to ADUs that require a Ministerial ADU permit under subsection D(2) above. 24 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (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 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. b) Exceptions. No parking under subsection F(7)a) is required in the following situations: 25 PLANNING COMMISSION RESOLUTION NO. 2771 (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 facade, 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. 26 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 (9) 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. 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. O. 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 27 PLANNING COMMISSION RESOLUTION NO. 2771 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 ADU 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. P. 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 9 Nnit, attached or dctachod, that provides on c parcel zoned for residential usoo. It 2 II include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel sc, tho single family dwelling io oit ed for any zoning district. 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, 28 PLANNING COMMISSION RESOLUTION NO. 2771 1 1 1 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. 29