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HomeMy WebLinkAboutOrd 1321 - ZOA 17-018 Accessory Dwelling UnitsORDINANCE NO. 1321 AN ORDINANCE OF THE CITY COUNCIL OF THE- €+TY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND SECTION 25.99.020 "DEFINITIONS" OF THE ZONING ORDINANCE TO COMPLY WITH NEW STATE LEGISLATION CASE NO: ZOA 17-018 G 5<7•2 7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of March 2017, hold a duly noticed public hearing to consider the request by the City of Palm Desert and adopted a resolution recommending approval of a zoning ordinance amendment to the City Council for the above noted; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Palm Desert hereby finds that: A. The City of Palm Desert, California (the "City') is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to provide by ordinance for the creation of second units. C. To address California's shortage of housing supply, the California Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016), Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016) and Assembly Bill 2406 (Thurmond, Chapter 755, Stats. 2016). D. Assembly Bill 2299 and Senate Bill 1069 are double jointing bills, which among other things, amend California Government Code Section 65852.2. These statutes impose new limitations on local authority to regulate second units, which are now referred to as "accessory dwelling units" ("ADU"). E. Assembly Bill 2299 became effective on January 1, 2017, and renders all non -compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2. F. The City desires to amend a local regulatory scheme for the construction of accessory dwelling units that fully complies with Assembly Bill 2299. G. At a duly held public hearing before the City of Palm Desert Planning Commission of March 21, 2017, the Planning Commission adopted a resolution recommending that the City Council approve the updated accessory dwelling unit regulations. SECTION 2. Amendment. Section 25.34.030 of the Palm Desert Municipal Code is hereby amended to read 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 of 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 ORDINANCE NO. 1321 fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City Council of the City of Palm Desert finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding second units in a single-family or multifamily residential zone to implement the provisions of Government Code Section 65852.2. SECTION 5. Effective Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 6. Publication. The City Clerk shall certify to the adoption of this ordinance. Not later than fifteen (15) days following the passage of this ordinance, the ordinance, or a summary thereof, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Palm Desert. SECTION 7. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of April 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JAN HARNIK, MAYOR 2 ORDINANCE NO. 1321 EXHIBIT A 25.34.030 Accessory Dwelling Units A. Purpose and Intent. The purpose of this chapter is to provide a mechanism to expand housing opportunities in the City by allowing accessory residential units under certain conditions in areas normally restricted to single-family and multi -family units and to preserve the character of surrounding neighborhoods. Regulations and permit requirements herein are intended to comply with the requirements of state law. B. Certificate of use and occupancy required. An accessory dwelling unit (Accessory unit) shall be permitted within those residential zoning district identified in Table 25.10-1: "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 must meet the following requirements: 1. The parcel must contain an ex sting and permitted primary residential unit. 2. The accessory unit shall provide complete and independent living facilities separate from the primary unit. 3. The accessory unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact vehicular traffic flow. Accessory units may, but are not required to, be metered separately from the primary unit. 4. The accessory unit may be detached, attached, or incorporated within the living area 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 permitted and constructed primary unit but in no event be less than 400 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 associated with the accessory unit shall comply with all setbacks, parking requirements, building coverage, height, landscape, and design standards contained within the base zoning district and shall not alter the general appearance of the primary unit as a single-family residence. 9. The accessory unit and all related improvements including a garage or carport shall architecturally match and/or be compatible with the design of the primary unit. 10. The accessory unit shall be provided with one off-street parking space per bedroom within a garage or carport, up to a maximum of two spaces. Off-street parking requirements may be eliminated or modified under the following circumstances: a. No off-street parking is required for accessory units located within one-half (1/2) mile of public transit. ORDINANCE NO. 1321 b. The accessory unit is located within an architecturally and historically significant historic district. c. No additional off-street parking is required when the accessory unit is part of the existing primary unit. d. When off-street parking permits are required but not offered to the occupant of the accessory unit. e. No off-street parking is required when a car share vehicle is located within one block of the accessory unit. D. The primary unit shall be owner -occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the accessory dwelling unit is rented. In no instance may both units be rented. A covenant memorializing this requirement shall be recorded against the property prior to issuance of the certificate of occupancy for the accessory dwelling unit. E. Density limits don't apply. An accessory unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the General Plan and Zoning and Land Use Ordinance designation for the lot. 25.99.020 Land Use Definitions 1. Add the following definitions to the Municipal Code: Living Area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Accessory dwelling unit. A dwelling unit, attached or detached, that provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit is not counted as part of the maximum allowable density for any zoning district. Dwelling, second unit. Remove. ORDINANCE NO. 1321 EXHIBIT B 25.34.030 Accessory Dwelling Units A. Purpose and Intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing s . icloy accessory residential units under certain circumstances in areas normally restricted to a single-family unit while preserving the existing character of surrounding single-family neighborhoods. Regulations and permit requirements herein are intended to comply with the requirements of state law. B. Certificate of use and occupancy required. An c000ndcry accessory dwelling unit (Accessory Unit) shall be permitted within those residential zoning districts zoncc identified in Table 25.10-1: "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 second accessory unit must meet the following requirements: 1. The parcel must contain an existing and permitted primary residential unit. 2. The second accessory unit shall provide complete and idependent living facilities separate from the primary unit. rnwy be stt ohod end inoorparatod within -the living : ro,: of the oixisling dwelling, but opamita, or may bo dotaohod. 3. The second accessory unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. Accessory units are not required to be metered separately from the primary unit. 4. The accessory unit may be detached, attached, or incorporated within the living area of the existing primary unit. 5. The fleet living area of a detached or attached second unit shall not exceed 45 50 percent of the floor area of the originally permitted and constructed primary unit but in no event be less than 400 square feet or exceed 1,200 square feet. 5. The unit shall only be for rental purposes or personal use of the property owner. 7. The sc`^ond accessory unit may not be sold separately from the primary unit. 8. Any new construction associated with the second accessory unit shall comply with all setbacks, parking requirements, building coverage, height, landscape, and design standards contained within the base zone zoning district and shall not alter the general appearance of the primary unit dwelling as a single-family residence. 9. The doogn of the second accessory unit and all any related improvements such as an including a additional garage or carport shall architecturally match and/or be compatible with the design of the primary unit. exio:ing oingla4amily hcma co ao to prconNa tho chercctcr cf thy scrre nding oingla fatally ry\•:.:ick\ntial nri-psteMnd and cl-tall t.t.c rsv`.v and cc.� c•r0 "y the A! 10. Tho ceocnd YNT:ANYory unit mNst be providod with cnc off otrcct parks way.; c por bx room within s swap or xrport. For orond cocawory unite : lth throo or moro bcdroomc only a min'.mum of two of the rewired parking tic chall be ORDNANCE NO. 1321 provisld pc sng opaocra aro rogi. irod within a oarport or Sarago.; tho othrar roquirod parking eas mcy unccvc\ 11. Tho :�cond unit h. aII havo ind^pondont h�'inr and air auaditioning vystams and .-1 a?I inoluda sp a cti y a'.ib metaa. Tho hot wotor ayotam ❑hall Wc:Ngt4 a o mcc th,c o 12. The accessory unit shall be provided with one off-street parking space per bedroom within a garage or carport, up to a maximum of two spaces. Off-street parking requirements may be eliminated or modified under the following circum stances: a. No off-street parking is required for accessory units located within one-half (1/2) mile of public transit. b. The accessory unit is located within an architecturally and historically significant historic district. c. No additional off-street parking is required when the accessory unit is part of the existing primary unit. d. When off-street parking permits are required but not offered to the occupant of the accessory unit. e. No off-street parking is required when a car share vehicle is located within one block of the accessory unit. D. The primary unit shall be owner -occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second accessory unit is rented. In no instance may both units be rented. A covenant memorializing this requirement shall be recorded against the property prior to issuance of the certificate of occupancy for the second accessory unit. E. Density limits don't apply. An second accessory unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing General Plan and zoning ordinance designation for the lot. 25.99.020 Land Use Definitions 1. Add the following definitions to the Municipal Code: Living Area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Accessory dwelling unit. A dwelling unit, attached or detached, that provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit is not counted as part of the maximum allowable density for any zoning district. Dwelling, second unit. Remove.