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Home My WebLink AboutOrd 1358 - ZOA 20-0001ORDINANCE NO. 1358 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: October 15; 2020 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration of 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; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Recommendation Waive further reading and pass to second reading City Council Ordinance No. 1358, approving Zoning Ordinance Amendment (ZOA) 20-0001 to modify Palm Desert Municipal Code Sections pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Planninq Commission Recommendation At its meeting of February 4, 2020, the Planning Commission considered the Zoning Ordinance Amendment to modify the existing accessory dwelling unit ordinance. The Planning Commission voted 4-0-1 , (Commissioner De Luna abstaining) and adopted Resolution No. 2771 recommending approval of the Zoning Ordinance Amendment to the City Council. Strategic Plan Obiective The amendment to the City's ADU. ordinance achieves the following Priority outlined in the Envision Palm Desert Strategic Plan: Land Use, Housing & Open Space: Priority 2: Facilitate development of high -quality housing for people of all incomes. Executive Summary This ZOA was approved and passed to second reading by the City Council at the February 27, 2020 meeting. During the meeting, the City Council raised concerns over October 15, 2020 —Staff Report Case No. ZOA 20-0001 Accessory Dwelling Units Page 2 of 5 the language of the draft ordinance prohibiting short-term rental (STR) permit issuance in all ADUs. Staff has amended Section 25.34.030 (E) (3) of the draft ordinance to set a minimum rental term of 27 days for all Statewide Exempt ADUs. The Statewide Exempt ADUs are described under Section 25.34.030 (D) (1) of the ordinance. This prohibition will not impact existing STRs in ADUs or conflict with City STR prohibitions already in place. The text change requires the ZOA return to first reading. All other aspects of the ordinance are identical to what was presented on February 27. Backqround Analvsis 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 2010, 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. • 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. October 15, 2020 —Staff Report Case No. ZOA 20-0001 Accessory Dwelling Units Page 3 of 5 o ADUs within a multi -family 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. 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 October 15, 2020 —Staff Report Case. No. ZOA 20-0001 Accessory Dwelling Units Page 4 of 5 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 Dwellinq 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". Public Input Public noticing was conducted in accordance with State law. A public hearing notice was published on Saturday, October 4, 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 October 15, 2020 —Staff Report Case No. ZOA 20-0001 Accessory Dwelling Units Page 5 of 5 regarding ADUs 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 City Council Ordinance No. 1358, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW N/A Robert W. Hargreaves Ryan Stendell, Director of Janet Moore City Attorney Community Development Director of Finance Interim City Manager kaa4 ate: ASSISTANT CITY MANAGER Az,dy Fzr�stiaa Andy Firestine Assistant City Manager ATTACHMENT: 1. Draft City Council Ordinance No. 1358 2. Planning Commission Resolution No. 2771 3. Planning Commission Minutes February 4, 2020 4. City Council Public Hearing Notice 5. CEQA Notice of Exemption ORDINANCE NO. 1358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE 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 4111 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 adopted Resolution No. 2771 recommending the City Council adopt the ZOA, subject to minor grammatical changes; and WHEREAS, the City Council of the City of Palm Desert, did on the 151" day of October, 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the overlay district is consistent with the City's General Plan; and WHEREAS, at said public hearing, upon hearing and considering 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. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. 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 ORDINANCE NO. 1358 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 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.) ("CEQX) 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 City Council of the City of Palm Desert hereby adopts the Zoning Ordinance Amendment to Municipal Code 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 City Council 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. Publication. The City Cierk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. 2 ORDINANCE NO. 1358 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 1511 day of October 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GRACE ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR 3 ORDINANCE NO. f W01:11ir_1 25.10.030 — Allowed Land Uses and Permit Reauirements Table 25.10-1: Use Matrix for Residential Districts Residential Zoning Distrnt (P--Permitted, A=Administrative Use Permit; 1,=Large Family Day Care Use Permit; C=Condilional Use Permit; N=Nat Permitted) l ` RE R-1 I R-2 I R-3 I R-IM f KPR I PR 5pecial Use J jj Provisions Residential Uses Assisted living N C C C N N C Accessory Dwelling Unit P P P P P N P 2534.030 Condominium N N C C N N C Dwelling. duplex N ti P P N N N Duelling. 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 Accr,sury Dwelling Lfnit P P P P P N P 25.34.030 Nbriufacturod 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 I housing ORDINANCE NO. 25.18.040 — Land Use and Permit Requirements Table 25.18-1: Use Matrix for Downtown Districts 'Lone Land Use Special Use Provisions Dr�r_ DE-0 Residential Uses Accessory Dwelling Unit P I P I P I P 25.14.030 Assisted Living N N N Condominium C t C C C 25,16.040.E 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.E Group home C I C C N 25.16.040.B Junior Accessory Dwelling Unit I P I P I P I P 125,34.030 I ORDINANCE NO. 25.34.030 — Accessory Dwellinq 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. ORDINANCE NO. 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. ORDINANCE NO. (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: ORDINANCE NO. (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 (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 multifamily dwelling residential use, with exception to the City's Hillside Planned Residential (HPR) Zone ORDINANCE NO. (2) Fire Sprinklers. Fire sprinklers shall be required in an ADU if sprinklers are required in the primary residence. (3) Rental Term. The rental of an accessory dwelling unit created pursuant to subsection D (1) shall be for a term longer than 27 days. (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.. ORDINANCE NO. 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. ORDINANCE NO. (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. ORDINANCE NO. 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. ORDINANCE NO. 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 ORDINANCE NO. 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 I�1:11=1ki-3 25.10.030 — Allowed Land Uses and Permit Reauirements Table 25.1 0-1: Use Matrix for Residential Districts Residential 'Zoning District (P=Permitled; AAdministrative Use Permit; L=Large Family flay Care Use Permil; C=Conditional Use Permit; N=Not Permitled) I ``Rf; R-1 R-2 I R-3 R-1M HPR PR Special (Ise I I I Provisions Residential Uses Assisted living N C- C C N N C Accessory Dwelling Unit P P P P P N P 25.3 -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 -fancily 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 25.3d.030 Manufacoured home parrs 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 ❑ ❑-o DE ni-o Residential Uses Accessory Dwelling Unit P P P P 25.34.030 Assisted living N N N C Condominium C C C C 25.16.040.8 Dwelling. duplex C C' C P 25.16.040.E Dwelling. multifamily C C C P 25.16,040,B Dwelling. single-family C! [' C N 25.16.040.B Grout) home [ e C N 25.16.040.B Junior Accessory Dwelling Unit PLANNING COMMISSION RESOLUTION NO.2771 25.34.030 - Accessory Dwellinq Units #eusiRg 9ppG4u44i#oc in th., enticl vnito under in nnnrfitinns in areas normally restrieter) to singie_family andd ms;lti-f&roily "nits anrt +e v pprreeseayy ee the Ghar�ier�sUrrn„nrfing n hberheerds. Reguiationc and permit requiremento hcrc�n arc int9nrded to E;emply with the requirements of state law snit) ohsll be permitter) "A'4thin these residential Inning distrint irdentifierf in Table 25 i 0 i • a /se AAa+riv for Qesir! tial D s+rio+s" of the ?oning nrdinanee and in oemplianne '1-T��D�G-1'L7 Li"CI'lT-1 0'7-ITG-J'7 O G77iTRT�IOTJ with the rent liremonto of this-sest+an and ^then annlieohle nreyisinns of this title CC.-RequiFements. Annlina+inns for an aosesse unit must meet the followin gThe pareol moot sontcin an 9yistinn and permitted primar�-Fesi&ntial unit. Tee aeeesseny snit oha+ll pre--Provide-.GMpllete and inrlenenrlen+ lifenilities separate from +hn primwy) an+t-: 3. The aooessnny `!,nit c Sall havaaLquate sewer and water sepiinos as determiners by the Geaehella Valley Wator Diotrint and shall not adversely impant v chiculw traffic flf-)W A^^essepi „nits na" bs,` are net required to, be metered separately 4GR44he primar�-up+t: 4 The aneossony „nit may be detaehed, attaehed, or inoerperated ithin the l�;g area ef the cni:ting primar)-an+, � he living area of a detached er atta^her: aeeessen• L^A &- haa4-PA t-eiEEi'� perden+ of the flnnr area of the permitted and pen^+r„eted primary :snit bs.` in no evont bo i— than Inn square feet or eveeed 1,200 square feet in area 6--Thc unit shall anlY h,�r rental-v.rpnses er persenal use of the prepeFt y owner. 7 The aeeesseny Nnit mayTe+ he sold separately from the primar)�aa+-. onotruotiani-asS96aated '"cr with the aGG- ' 'I 'un'.. shall ^nmply with all setbacko, parking requiremonto, buildi�covge, height, l�aape, and design c�andard^ eon+aiped within the base Zoning (district and ohall not alter+he general appearance of tho prima"nlit�,�w` a �nnle_family resirdennn 0. T�ho anGGes apyey arr- 1 all -rel related ' , rn�yn� tS inGl11rdinn gar .� ge er nrpert '✓.1 .A ar^hi+eet„rally match and/or he enrppatihle with the design of the pro I 1 lei+ 10The ancesser y "nit ohall he provided with one off-street parking spaGe ppeT bedreern - hin a garage GF Gafport, sip to a-m )(ims:m of two spaces Off-street parking regiremento may be-oIiminatrd--er-modli#ied-under the lle, o,ng &o,Nmotances: n No off-street parking is regl,ired for aceesser y URits legated within one-half /i /beef publio tranoit. b. Th y snit io I9E;ated ithin an ar^ significant histnric district of parlinI l is rng„irnrd when the an^esseny ei+ is part of +he evil+in� primar�agtttr d. When off street parking permits are required hl it net offered to the ecc„pant Q PLANNING COMMISSION RESOLUTION NO.2771 e. No p&rking io mgNirud whon a oar chmrc „V.hicle �c Iticso� within cno blook of the so--\ossory unit. D. The p iirnaF . „R,.6-h—All he owner-ec;Gup4ed. If tho pmporty 3wr'rar io snablc tc "c-upy t!,ru prim&ry snit, it shall remain w.ncw6:,Ned ca ring po; iodo in which the cwcssery dwell ng unit is ront"I. In ne irot&n^� mcy-4x0h snits ao rontod. A covenapt memerial zinS this ;cq, ircmcn'Ahall ka roocrdad Nairot tho proWy prier tc isvti:cn6e of the tirtifiJcty cf a �P.ncy f c r tccry dwe4l nS --- nit. E. Density don't apply. An "-vsmcry init wh sG nfcrmc tc thcec rc�::ir��n�nts shall not be ..an�,dvrt tc zxccv^ tIh c149waWc donoity fir !hc 10 actin which it is Jor,2+W�, cn� shell tR &-vcoed-to ba a maidonticl Lse-Gep.:.;otrnt with tho C'onoral Plcn and Zoning and Land llso Qrdinanee dwignation for tho 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 focal 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. _1►10110[e196141 TiIIT, I11- .910101.11*141IltIIIIs] ►1ill RIM" I (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)(8). 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 ❑f 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 fimlted 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, lured 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 tot with a proposed or existing single-family dwelling ❑n 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(l)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 t❑ 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: 0) 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 E 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 (6) 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 L. 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 ❑(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. bj An ADU or JADU subject to an ADU permit under subsection D(2) above may be created an 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. The rental of an accessory dwelling units created pursuant to subsection ❑ (1) shall be for a term longer than 27 days. (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, fand 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 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 far covered spaces and nine (9) feet -wide by eighteen feet and six inches (18'-6") deep for ❑pen spaces. PLANNING COMMISSION RESOLUTION NO. 2771 b) Exceptions. No parking under subsection F(7)a) is required in the following situations: W The ADU is located within one-half mile walking distance of public transit, as defined by this section. (6) The ADU is located within an architecturally and historically significant historic district. (oil) 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 architecturat 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. 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 presence 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 25.99.020 - Land Use Definitions AGr.essory dwelling - *.% A �-%velkng unit, att&ohrad or dainoh/jd, th&t provid-cs ocmrli,te irtc#opondent living feoilitioo for or/3 or mono paroono on s p.rwl wed fcr r-eoidontisl s:fao. It ohsll parmsnont pmviole-ps fW !iv ng, c).QCrwg, cling seeking, sn� o&nitet;/jn on the =ma parool ao the o,n.,ln_fa„ Awe",ng io s6iafed An av""ctwry dwelir kKj-unit is not oauntecl-an part of the mex4rurn cllc%v21C-& �y 'or any -oning diotriot. 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 PALM DESERT PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 4, 2020 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:01 p.m. II. ROLL CALL Present: Commissioner Joseph Pradetto Commissioner John Greenwood Commissioner Nancy DeLuna Vice -Chair Lindsay Holt Chair Ron Gregory Also Present: Craig Hayes, Assistant City Attorney. Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Jessica Gonzales, Senior Management Analyst Christina Canales, Engineering Assistant Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice -Chair Lindsay Holt led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of December 3, 2019. Rec: Approve as presented. A. 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. Upon a motion by Commissioner Pradetto, seconded by Commissioner DeLuna and a 4-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Pradetto; NOES: None; ABSENT: None; ABSTAINED: Holt). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. SELECTION of a Chairperson and Vice -Chairperson. Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Vice -Chair Holt to Chair. The motion was seconded by Commission Greenwood and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, nominate and appoint Commissioner Greenwood to Vice -Chair. The motion was seconded by Commission Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). B. SELECTION of Commission Liaisons for Art in Public Places and Parks and Recreation Commissions. Commissioner Gregory moved to, by Minute Motion, reappoint Chair Holt to the Art in Public Places Commission. The motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). Commissioner DeLuna moved to, by Minute Motion, reappoint Vice -Chair Greenwood to the Parks and Recreation Commission. The motion was seconded by Commission Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: None). K MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS 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). Commissioner Nancy DeLuna recused herself from Public Hearing Items A and B. The Zoning Ordinance Amendments could affect her employer, who is a multi -family housing developer. Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www. citvofpal m desert. orq). He noted that staff posted a public hearing notice in The Desert Sun, and did not receive any comments. He recommended approval of the resolution. In terms of the architectural review process, Vice -Chair John Greenwood asked how the accessory dwelling unit (ADU) legislation affects lot coverage and setbacks in comparison to primary residences. Mr. Melloni stated that State legislation prohibits cities from imposing a minimum lot standard. Apart from that, the City can apply all other applicable development standards. Except in the case where an ADU is detached less than 800 total square feet, has a maximum height of 16 feet, and a minimum of a four -foot setback from the side and rear of the property. Vice -Chair Greenwood clarified if an owner has an ADU under the 800 square -foot requirement, the owner can be within four feet of the property line. Mr. Melloni replied that is correct. He mentioned that staff added design guidelines to address an ADU that is less than 800 square feet and the minimum four -foot setback. Commissioner Gregory inquired if the setback would influence future development in the City. For example, if a developer wishes to build multiple residential units, would the developer be able to go for the four -foot setback instead of the City's greater setback in anticipation of building an ADU. In general, Mr. Melloni replied no. He explained that any new development would need to conform to the established minimum setback standards. If the developer is proposing an ADU along with a single-family home, the developer has that option as long as they are in conformance with the State. 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 If someone wishes to build an ADU on a lot with an existing home and understands the City's requirement that the architecture must match the existing home and the ADU cannot exceed the existing architecture, Commissioner Gregory asked if the City would have the same prerogative concerning code enforcement or building inspections. Mr. Melloni replied yes. Vice -Chair Greenwood inquired where other cities in the Coachella Valley are, concerning conformance with State requirements. Mr. Melloni responded that during his research and looking for what other cities in the Coachella Valley have done, he did not see other jurisdictions adopt the new ADU laws. He pointed out that all cities in the State of California are subject to State laws. Commissioner Gregory asked Mr. Melloni to walk the Planning Commission through the first bullet point on page two of the staff report. Mr. Melloni communicated that a one -bedroom or a studio could have a maximum area of 850 square feet. For a multi -bedroom, the maximum area is 1,000 square feet. Commissioner Gregory asked what would happen if someone wanted to build a larger ADU on a large lot. Based on the ordinance, Mr. Melloni stated that the developer is not allowed to build a large ADU; however, the developer would be subject to other development standards. Commissioner Gregory commented that it seems like a great opportunity for people to game the system. He wondered about loopholes that the new provisions are creating and how the City would deal with someone taking advantage of the State laws. Mr. Melloni stated that with an approval of an ADU, the City requires the applicant to record a declaration of restrictive covenants, which states what is within the ADU. Director of Community Development Ryan Stendell added that Commissioner Gregory is right to wonder what kind of loopholes the new laws may create. However, the Zoning Ordinance Amendment (ZOA) is an attempt to preserve control of what the City may have with design and architecture. He believed many cities are burying their heads in the sand or dealing with the new laws in a similar way as Palm Desert. He stated that the approach the governor is taking does not fit all cities. Chair Holt clarified that State law allows for one ADU and one junior accessory dwelling unit (JADU), not two ADUs. Mr. Melloni replied that is correct. Chair Holt asked if the ordinance would require property owners to meet the minimum or maximum lot coverage restrictions, and they would only be able to build up to what would be allowed on the property. 4 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 Mr. Melloni replied that is correct. Chair Holt clarified that there is no requirement for parking for JADUs, but there is a parking requirement for the ADUs unless it is within a half -mile walking distance of public transit. Mr. Melloni replied that is correct. Chair Holt inquired if sprinklers are required for new construction. Mr. Melloni replied yes. Chair Holt pointed out a grammatical error under Item F, 1 B in the Planning Commission Resolution. Delete "is" after the word dwelling. Commissioner Gregory also pointed out that the wording on page two under Item G of the Planning Commission Resolution needed to be changed. He referred to Item B of the Landscape Requirements. He asked if Item B was the City's recommendation. Mr. Melloni responded that legal counsel provided the landscape requirement. If the setback is four feet, Commissioner Joseph Pradetto inquired if the landscaping would have to be crammed within the four -foot setback and between the neighbors. Mr. Stendell responded that a four -foot setback is an appropriate landscape area for some landscaping. He said staff could review landscaping on an -as-needed basis. He noted that the landscape requirement is a recommendation to the City Council. The Planning Commission could request to have staff look at the landscape requirements and have the requirements augmented prior to presenting the ZOA to the Council. Commissioner Pradetto understood and summarized that the State is struggling on how to deal with homelessness and affordability of housing, which is the impetus for these new State laws and the idea to create new housing stock. He stated that the new laws invalidate the City's current ordinance on ADUs. Therefore, now until the City Council approves the ZOA, the City is under the jurisdiction of the State's law, which is almost completely unregulated in terms of design standards —aside from health and safety concerns. He asked if that is correct so far. Mr. Melloni replied yes. Commissioner Pradetto continued that City staff has determined something needs to be in place, and there is a model ordinance from Best Best & Krieger (BBK). He asked how the proposed ordinance amendment differs from the model ordinance, and how staff incorporated their concerns into the proposed ordinance. Mr. Melloni responded that one concern was height. He explained that in the R-1 (Single - Family Residential) zone has a maximum height of 15 feet. However, the State law maximum height requirement is 16 feet. He said staff implemented design standards that MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 assist with Section 8. Additionally, staff addressed the concern with ADUs and JADUs in the HPR (Hillside Planned Residential) zone. Commissioner Pradetto asked if staff had any other concerns related to the ordinance. Mr. Melloni replied no. Commissioner Pradetto believed that in terms of loopholes, the governor is saying the City's loopholes are his solution. He said from the State's perspective, they are not loopholes it is their intent. Looking at the ordinance as a whole, he liked the architectural requirements and dealing with health and safety. He believed there would be some adjusting throughout the State; however, Palm Desert may not need to rush to build ADUs/JADUs like in other areas. He commented that Palm Desert could learn from other cities' mistakes over time. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With further testimony offered, Chair Holt declared the public hearing closed. Vice -Chair Greenwood stated that Commissioner Pradetto's comments were accurate. Vice -Chair Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2771, recommending approval of Case No. ZOA 20-0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). 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. ADDlicant). Principal Planner Eric Ceja outlined the salient points of the staff report and recommended approval to the City Council. He offered to answer any questions. Commissioner Gregory commented that in the past couple of years, staff presented housing projects to the Planning Commission. He asked if a project like The Sands would be more likely to move forward with the Housing Overlay District (HOD). Mr. Ceja responded that The Sands is not a good example. He said that The Sands property has an affordable housing component for the past 30 years. He pointed out that a better example is Parcel G. It is a project that the Planning Commission has recommended approval to the City Council; however, City staff were not able to take it to the Council because staff is still negotiating the affordable housing component for that site. If the City Council approves the ZOA, he stated the City would apply the HOD to Parcel G. A MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 Mr. Stendell added that this request came from a Councilmember. The Councilmember felt that the City was being consistent in being inconsistent with negotiating affordable units. Therefore, the intent was to create something that would be fair, have an incentive base, and help speed up the development of affordable units. Vice -Chair Greenwood inquired if there is any support from utility companies to assist with fees to develop a low-income housing project. Mr. Ceja replied no. However, utility companies have other programs in place. For example, Southern California Edison can cap utility rates or help with utility improvements on properties. He stated that school districts do not waive fees for affordable housing projects. He mentioned that the highest fee developers have to pay in the Coachella Valley is the Transportation Uniform Mitigation Fee, which the Coachella Valley Association of Governments (CVAG) established and manages. CVAG created an exception for affordable housing projects. Mr. Stendell mentioned that the Housing Division was incorporated into the Community Development Department in July 2019, and introduced Senior Management Analyst Jessica Gonzales. For new construction, Ms. Gonzales noted that utility companies are establishing new programs that would facilitate some options for affordable housing projects. Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair Holt declared the public hearing closed. Commissioner Gregory moved to waive further reading and adopt Planning Commission Resolution Nos. 2772 and 2773, recommending approval of Case No. ZOA 19- 0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES ,A. ART IN PUBLIC PLACES None B. PARKS & RECREATION Vice -Chair Greenwood reported that there was an election of officers, and the Commission discussed a community service award program. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020 XIII. REPORTS AND REMARKS Commissioner Pradetto asked if the Planning Commission staff reports are available on the City's website. Mr. Stendell replied yes. Commissioner Pradetto requested an email with the link to the agenda when it is complete. XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Holt adjourned the meeting at 6:54 p.m. ATTEST: RYAN STENDELL, SECRETARY LINDSAY HOLT, CHAIR MONICA O'REILLY, RECORDING SECRETARY 0 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 20-0001 NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE 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 LAW PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS: 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 for this project under the California Environmental Quality Act (CEQA), has determined that this project 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. Project Location: City-wide Code Amendment Description: The proposed Zoning Ordinance Amendment (ZOA) will amend Palm Desert Municipal Code (PDMC) Section 25.34.030 "Accessory Dwelling Units" in its entirety to comply with new State laws pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) and provide architecture and landscaping design requirements. Additional minor changes will be made to land use tables for residential and mixed -use zoning designations under Sections 25.10 and Section 25.18 to reflect these changes. Section 25.99.020 "Land Use Definitions" will also be amended to incorporate new definitions related to the changes. Recommendation: Staff is recommending that the City Council adopt an ordinance supporting the changes to the Zoning Ordinance. Planning Commission Recommendation: The Planning Commission of the City of Palm Desert held a duly noticed public hearing on February 4, 2020, to consider the ZOA to implement the new ADU requirements. The Planning Commission voted 4-0-1 (Commissioner De Luna ABSENT) to adopt Resolutions Nos. 2771, recommending that the City Council adopt the ZOA. Public Hearing: The public hearing will be held before the City Council on October 15, 2020, at 4:00 p.m. via Zoom. The hearing will be conducted in accordance with the City's emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.citvofr)almdesert.ora/our-citv/mavor-and-citv-council-/city-council- meetino-information-center. Public Review: The plans and related documents are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Nick Melloni. Please submit written comments to the City Council. 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 City Council hearing. All comments and any questions should be directed to: Nick Melloni, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN GRACE ROCHA, Acting City Clerk October 4, 2020 PALM DESERT CITY COUNCIL NOTICE OF EXEMPTION TO: ❑ Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 ® Clerk of the Board of Supervisors or County Clerk County of: Riverside 1. Project Title: 2. Project Applicant: FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 2724 Gateway Dr, Riverside, CA 92507 ZOA20-0001 I City of Palm Desert 3. Project Location — Identify street address and City of Palm Desert — Citywide cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 4. 5 101 7 (b) Project Location — County: Riverside 1 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 citywide. City of Palm Desert Name of Person or Agency undertaking the City of Palm Desert project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: , (a) Project Location — City: Palm Desert Description of nature, purpose, and beneficiaries of Project: Name of Public Agency approving project: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ❑ Categorical Exemption. Class 32 "In -fill Development'; State CEQA State type and section Guidelines §15332 number: (e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) ® Statutory Exemption. I (Pub. Res. Code § 21080(b); State CEQA Guidelines State Code section number: I § 15282(h) Notice of Exemption FORM `B" (g) ❑ Other. Explanation: General Rule —Section 15061(b)(3) 9. Reason why project was exempt: The project is a local ordinance regarding accessory dwelling units to implement provisions of Government Code Section 65852.1 and 65852.2. 10. Lead Agency Contact Person: Nick Melloni, Assistant Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No ❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes ® No ❑ If yes, the date of the public hearing was: October 15, 2020 Signature: Title: ® Signed by Lead Agency Date Received for Filing: (Clerk Stamp Here) Date: ❑ Signed by Applicant Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM `B"