HomeMy WebLinkAboutRes No 2885PLANNING COMMISSION RESOLUTION NO. 2885
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 25.34.030 OF
THE PALM DESERT MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
THE CITY, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE § 21080.17
CASE NO. ZOA 24-0003
WHEREAS, 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
WHEREAS, in recent years, the California Legislature has approved, and the
Governor has signed into law, a number of bills that, among other things, amend various
sections of the Government Code to impose new limits on local authority to regulate ADUs
and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed
into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further
amend state ADU law;
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the
City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of
AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state
law; and
WHEREAS, the City desires to amend its local Ordinance to provide opportunities
for streamlining the construction of Accessory Dwelling Units; and
WHEREAS, on October 29th, 2024, the Planning Commission held a duly-noticed
public hearing to consider the attached Zoning Ordinance Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
SECTION 1. Incorporation. The recitals above are true and correct and are each
incorporated by reference and adopted as findings by the Planning Commission.
PLANNING COMMISSION RESOLUTION NO. 2885
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SECTION 2. CEQA. The Planning Commission recommends that the City Council
find that, under California Public Resources Code section 21080.17, the California
Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a
city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title
7 of the California Government Code, which is California’s ADU law and which also
regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed
ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The Planning Commission hereby finds that the
adoption of the Zoning Ordinance is consistent with the General Plan as a matter of law
under Government Code section 66314(c).
SECTION 4. Recommendation. Given the foregoing, and based on the entire
record before the Planning Commission, the Planning Commission hereby recommends
that the City Council adopt the ordinance attached hereto as Exhibit “A.”
SECTION 5. Effective Date. This Resolution takes effect immediately upon
adoption.
SECTION 6. Custodian of Records. The documents and materials that constitute
the record of proceedings on which these findings are based are located at the City’s
office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP,
the Secretary to the Palm Desert Planning Commission, is the custodian of the record of
proceedings.
SECTION 7. Execution of Resolution. The Chairperson of the Planning
Commission signs this Resolution, and the Secretary to the Commission shall attest and
certify to the passage and adoption thereof.
ADOPTED ON October 29, 2024.
RON GREGORY
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2885
3
I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2885 is a full, true, and correct copy, and
was duly adopted at a regular meeting of the Planning Commission of the City of Palm
Desert on October 29, 2024, by the following vote:
AYES: DELUNA, GREENWOOD, GREGORY, PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on January _7_, 2025.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2885
4
“EXHIBIT A”
ZONING ORDINANCE AMENDMENT
[Attached]
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EXHIBIT A - ZONING ORDINANCE AMENDMENT
Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section
25.34.030 is hereby amended as follows:
Section 25.34.030 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of
Division 1 of Title 7 of the California Government Code.
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)(8) below. 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. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached
residential dwelling unit that provides complete independent living facilities for
one or more persons and is located on a lot with a proposed or existing primary
residence. An accessory dwelling unit also includes the following:
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.
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3. “Complete independent living facilities” means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-
family or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an attached
garage, is considered to be a part of and contained within the single-
family structure.
c. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains
an interior entrance to the main living area of the existing or proposed
single-family structure in addition to an exterior entrance that is
separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection (C)(4) above.
6. “Livable space” means a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation.
7. “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.
8. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
9. “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
10. “Proposed dwelling” means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
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11. “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.
12. “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building-Permit. An ADU or JADU must comply with each of the general
requirements in subsection (E) below and is allowed with a building-permit in
the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this
subsection (D)(1)(a) and 1 JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
(in the case of an ADU only) within the existing space of an
accessory structure, plus up to 150 additional square feet if the
expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-
family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code
sections 66333 through 66339.
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 each of the following limitations:
i. The side- and rear-yard setbacks are at least 4 feet.
ii. The peak height above grade does not exceed the applicable
height limit in subsection (E)(2) below.
c. Converted on Multifamily Lot: One or more ADUs within portions of
existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted ADU
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complies with state building standards for dwellings. Under this
subsection (D)(1)(c), at least one converted ADU is allowed within an
existing multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot: No more than 2 detached
ADUs on a lot with a proposed multifamily dwelling, or up to 8 detached
ADUs on a lot with an existing multifamily dwelling, subject to the
following:
i. The side- and rear-yard setbacks are at least 4 feet. If the existing
multifamily dwelling has a rear or side yard setback of less than
4 feet, the City will not require any modification to the multifamily
dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable
height limit provided in subsection (E)(2) below.
iii. If the lot has existing multifamily dwelling units, the quantity of
detached ADUs does not exceed the number of primary dwelling
units on the lot.
2. Process and Timing.
a. A building-permit for an ADU or JADU is considered and approved
ministerially, without discretionary review or a hearing; provided,
however, this section does not preclude or modify any requirement for
discretionary review or a hearing under another provision of the
Municipal Code consistent with the requirements of state law.
b. The City may charge a fee to reimburse it for costs incurred in
processing building permits, including the costs of adopting or
amending the City’s ADU ordinance. The building permit processing fee
is determined by the Director of Development Services and approved
by the City Council by resolution.
c. The City must approve or deny an application to create an ADU or
JADU within 60 days from the date that the City receives a completed
application. If the City has not approved or denied the completed
application within 60 days, the application is deemed approved 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. When an application to create an ADU or JADU is submitted with
a permit application to create a new single-family or multifamily
dwelling on the lot, the City may delay acting on the permit
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application for the ADU or JADU until the City acts on the permit
application to create the new single-family or multifamily dwelling,
but the application to create the ADU or JADU will still be
considered ministerially without discretionary review or a hearing.
d. If the City denies an application to create an ADU or JADU, the City
must provide the applicant with comments that include, among other
things, a list of all the defective or deficient items and a description of
how the application may be remedied by the applicant. Notice of the
denial and corresponding comments must be provided to the applicant
within the 60-day time period established by subsection (D)(2)(c)
above.
e. A demolition permit for a detached garage that is to be replaced with
an ADU is reviewed with the application for the ADU and issued at the
same time.
E. General ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsection (D):
1. Zoning.
a. An ADU subject to a building permit under subsection (D)(1) above may
be created on a lot in a residential or mixed-use zone.
b. In accordance with Government Code section 66333(a), a JADU may
only be created within the following zoning designations: R-1, R-E, R-
2, R-3, and PR. A JADU is prohibited in all other zoning designations,
including R-1M and HPR.
2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c)
below, a detached ADU created on a lot with an existing or proposed
single family or multifamily dwelling unit may not exceed 16 feet in
height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot
with an existing or proposed single family or multifamily dwelling unit
that is located within one-half mile walking distance of a major transit
stop or high quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code, and the ADU may be up
to 2 additional feet in height (for a maximum of 20 feet) if necessary to
accommodate a roof pitch on the ADU that is aligned with the roof pitch
of the primary dwelling unit.
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c. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than 1 story above grade may not
exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet
in height or the height limitation imposed by the underlying zone that
applies to the primary dwelling, whichever is lower. Notwithstanding the
foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed 2
stories.
e. For purposes of this subsection (E)(2), height is measured from existing
legal grade or the level of the lowest floor, whichever is lower, to the
peak of the structure.
3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
b. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
4. Rental Term. No ADU or JADU may be rented for a term that is shorter than
30 days. This prohibition applies regardless of when the ADU or JADU was
created.
5. No Separate Conveyance. An ADU or JADU may be rented, but except as
otherwise provided in Government Code section 66341, 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).
6. Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a percolation
test completed within the last 5 years or, if the percolation test has been
recertified, within the last 10 years.
7. Owner Occupancy.
a. ADUs created under this section on or after January 1, 2020, are not
subject to an owner-occupancy requirement.
b. As required by state law, 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 in this subsection (E)(7)(b) does not
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apply if the property is entirely owned by another governmental agency,
land trust, or housing organization.
8. Deed Restriction. Prior to issuance of a building permit for a 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 Development Services.
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. Except as otherwise provided in Government Code section 66341, the
JADU may not be sold separately from the primary dwelling.
b. The 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 JADU.
To remove the deed restriction, an owner may make a written request
of the Director, providing evidence that the JADU has in fact been
eliminated. The Director may then determine whether the evidence
supports the claim that the JADU has been eliminated. Appeal may be
taken from the Director’s determination consistent with other provisions
of this Code. If the JADU is not entirely physically removed but is only
eliminated by virtue of having a necessary component of a 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 Development
Services 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 JADU in violation of the
recorded restrictions or abatement of the illegal unit.
9. Certificate of Occupancy. A certificate of occupancy may not be issued for an
ADU or JADU until a certificate of occupancy has been issued for the primary
dwelling.
10. Building & Safety.
a. Must comply with building code. Subject to subsection (E)(10)(b)
below, all ADUs and JADUs must comply with all local building code
requirements.
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b. No change of occupancy. Construction of an ADU does not constitute
a Group R occupancy change under the local building code, as
described in Section 310 of the California Building Code, unless the
building official or Code Enforcement Division officer makes a written
finding based on substantial evidence in the record that the construction
of the ADU could have a specific, adverse impact on public health and
safety. Nothing in this subsection (E)(10)(b) prevents the City from
changing the occupancy code of a space that was uninhabitable space
or that was only permitted for nonresidential use and was subsequently
converted for residential use in accordance with this section.
F. Specific ADU Requirements. The following requirements apply to all ADUs and
JADUs permitted under subsection (D) above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this
subsection (F) is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with 2 or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary
dwelling is further 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 the percent-based size limit in subsection (F)(1)(b) above
or of an FAR, front setback, lot coverage limit, or open-space
requirement may require the ADU to be less than 800 square feet.
2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the
total FAR of the lot to exceed 45 percent, subject to subsection (F)(1)(c) above.
3. Setbacks.
a. ADUs must conform to 4-foot side and rear setbacks. ADUs must
conform to 25-foot front yard setbacks, unless a lesser setback is
allowed by the underlying zoning designation, specific plan, planned
development standard and/or overlay district that applies to the primary
dwelling, subject to subsection (F)(1)(c) above.
b. No setback is required for an ADU if the ADU is constructed in the same
location and to the same dimensions as an existing structure.
c. An ADU that is subject to this subsection (F) must be at least 5 feet
from any other existing and/or proposed dwelling and/or accessory
structure.
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4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot
coverage of the lot to exceed 75 percent, subject to subsection (F)(1)(c).
5. Minimum Open Space. No ADU subject to this subsection (F) may cause the
total percentage of open space of the lot to fall below 25 percent, subject to
subsection (F)(1)(c) above.
6. Passageway. No passageway, as defined by subsection (C)(9) above, 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 subsection (C)(12) above.
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 in subsection (C)(11) above.
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 or
an 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.
vi. When the permit application to create an ADU is submitted with
an application to create a new single-family or new multifamily
dwelling on the same lot, provided that the ADU or the lot satisfies
any other criteria listed in subsections (F)(7)(b)(i) through (v)
above.
c. No Replacement. When a garage, carport, covered parking structure,
or uncovered parking space 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.
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8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and
doors must match the appearance and architectural design of those of
the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary
dwelling. The dominant roof slope is the slope shared by the largest
portion of the roof.
c. All roof and ground-mounted equipment must 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.
d. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
e. The ADU must have an independent exterior entrance, apart from that
of the primary dwelling.
f. The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior wall height of 7 feet.
g. No window or door of the ADU may have a direct line of sight to an
adjoining residential property. Each window and door must either be
located where there is no direct line of sight or screened using fencing,
landscaping, or privacy glass to prevent a direct line of sight.
h. All windows and doors in an ADU less than 30 feet from a property line
that is not a public right-of-way line must either be (for windows)
clerestory with the bottom of the glass at least 6 feet above the finished
floor, or (for windows and for doors) utilize frosted or obscure glass.
9. Historical Protections. An ADU that is on or within 600 feet of real property
that is listed in the California Register of Historic Resources must be located so
as to not be visible from any public right-of-way.
10. Allowed Stories. No ADU subject to this subsection F may have more than
one story, except that an ADU that is attached to the primary dwelling may have
the stories allowed under subparagraph (E)(2)(d) of this section.
G. Fees. The following requirements apply to all ADUs that are approved under
subsection (D).
1. Impact Fees.
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a. No impact fee is required for an ADU that is less than 750 square feet
in size. For purposes of this subsection (G)(1), “impact fee” means a
“fee” under the Mitigation Fee Act (Government Code
section 66000(b)) and a fee under the Quimby Act (Government Code
section 66477). “Impact fee” here does not include any connection fee
or capacity charge for water or sewer service.
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 ADU,
divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)
2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and payment
of the normal connection fee and capacity charge for a new dwelling
are required.
b. Except as described in subsection (G)(2)(a), converted ADUs on a
single-family lot that are created under subsection (D)(1)(a) above are
not required to have a new or separate utility connection directly
between the ADU and the utility. Nor is a connection fee or capacity
charge required.
c. Except as described in subsection (G)(2)(a), all ADUs that are not
covered by subsection (G)(2)(b) require a new, separate utility
connection directly between the ADU and the utility for any utility that is
provided by the City. All utilities that are not provided by the City are
subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge
that is proportionate to the burden created by the ADU based on
either the floor area or the number of drainage-fixture units (DFU)
values, as defined by the Uniform Plumbing Code, upon the water
or sewer system.
ii. The portion of the fee or charge that is charged by the City may
not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and
Unpermitted Structures.
1. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and safety
and that is not affected by the construction of the ADU or JADU.
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2. Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the City may not deny a
permit to legalize an existing but unpermitted ADU or JADU that was
constructed before January 1, 2020, if denial is based on either of the
following grounds:
i. The ADU or JADU violates applicable building standards, or
ii. The ADU or JADU does not comply with the state ADU or JADU
law or this ADU ordinance (section 25.34.030).
b. Exceptions:
i. Notwithstanding subsection (H)(2)(a) above, the City may deny a
permit to legalize an existing but unpermitted ADU or JADU that
was constructed before January 1, 2020, if the City makes a
finding that correcting a violation is necessary to comply with the
standards specified in California Health and Safety Code section
17920.3.
ii. Subsection (H)(2)(a) above does not apply to a building that is
deemed to be substandard in accordance with California Health
and Safety Code section 17920.3.
I. Nonconforming ADUs and discretionary approval.
(1) Any proposed ADU or JADU that does not qualify for ministerial approval
under the objective standards set forth in subsections (A) through (H) of this
section may be allowed by the City with a conditional use permit, in
accordance with the other provisions of this title.
(2) A proposed ADU or JADU that does not qualify for ministerial approval
under the objective standards set forth in subsections (A) through (H) of this
section and that is on real property that is listed in the California Register of
Historic Resources or is a Landmark, as defined by Chapter 29.20 of the
Palm Desert Municipal Code is also subject to the following requirements:
a. All additions and modifications that affect the exterior of the primary
dwelling require a Certificate of Appropriateness in accordance with
Title 29 of the Palm Desert Municipal Code.
b. All additions and exterior modifications must preserve the architectural
character and retain any distinctive stylistic features of the existing
research and be subject to design standards identified under Section
29.60.080 of the Palm Desert Municipal Code.