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HomeMy WebLinkAbout2024-10-29 PC Special Meeting Agenda Packet PLANNING COMMISSION CITY OF PALM DESERT MEETING AGENDA Tuesday, October 29, 2024 6:00 p.m. Council Chamber, City Hall 73-510 Fred Waring Drive Palm Desert, California Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting and there will be in-person access to this location. To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419 or call (213) 338-8477, Zoom Meeting ID: 847 3970 7419 • Written public comment may also be submitted to PlanningCommission@palmdesert.gov. E- mails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. • Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.NONAGENDA PUBLIC COMMENTS This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the Planning Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5.CONSENT CALENDAR All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the Planning Commission for a separate discussion. RECOMMENDATION: To approve the consent calendar as presented. 5.a APPROVAL OF MINUTES 5 RECOMMENDATION: Approve the Minutes of October 1, 2024. 6.ACTION CALENDAR The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda. 6.a CONSIDERATION TO AMEND SECTION 25.34.030 OF THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA 9 RECOMMENDATION: Adopt Planning Commission Resolution No. 2885 entitled: “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) PURSANT TO CALIFORNIA PUBLIC RESOURCES CODE § 21080.17.” 7.PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. None. 8.INFORMATIONAL REPORTS & COMMENTS 8.a SUMMARY OF CITY COUNCIL ACTIONS 8.b COMMITTEE MEETING UPDATES 8.b.1 Cultural Arts Committee 8.b.2 Parks and Recreation Committee Planning Commission Meeting October 29, 2024 2 8.c PLANNING COMMISSIONERS 8.d CITY STAFF 8.e ATTENDANCE REPORT 33 9.ADJOURNMENT The next Regular Meeting will be held on November 19, 2024, at 6:00 p.m. 10.PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /S/ Michelle Nance Deputy Clerk II Planning Commission Meeting October 29, 2024 3 4 PLANNING COMMISSION CITY OF PALM DESERT REGULAR MEETING MINUTES October 1, 2024, 6:00 p.m. Present: Commissioner Nancy DeLuna, Commissioner John Greenwood, Vice-Chair Lindsay Holt, Commissioner Joseph Pradetto*, Chair Ron Gregory *Commissioner Pradetto arrived at 6:01 p.m. Staff Present: Director of Development Services Richard Cannone, Principal Planner Nick Melloni, Principal Planner Carlos Flores, Associate Planner Kenny Taylor, City Attorney Oscar Verdugo, Recording Secretary Michelle Nance 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chairperson Gregory on Tuesday, October 1, 2024, at 6:00 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE Commissioner Greenwood led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENTS None. 5. CONSENT CALENDAR *Commissioner Pradetto arrived at this point of the meeting. Motion by: Commissioner DeLuna Seconded by: Vice-Chair Holt To approve the consent calendar as presented. Motion Carried (5 to 0) 5.a APPROVAL OF MINUTES Motion by: Commissioner DeLuna Seconded by: Vice-Chair Holt Approve the Minutes of September 3, 2024. Motion Carried 5 Planning Commission Meeting Minutes October 1, 2024 2 6.ACTION CALENDAR None. 7.PUBLIC HEARINGS 7.a CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION, SURRENDER CUP12-188, AND APPROVE A NEW CONDITIONAL USE PERMIT TO ALLOW FOR A CHURCH WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 42580 CAROLINE COURT SUITES “A” AND “C” Chair Gregory recused himself due to a conflict of interest, as his son is the architect for this project. Associate Planner Taylor narrated a PowerPoint presentation and responded to Commissioners’ questions. Vice -Chair Holt opened the Public Hearing. Applicant representative Brian Gustafson thanked the Commission for their time and offered to answer any questions they may have. Art Miller, a resident of Yucca Valley, spoke in support of the new conditional use permit. Vice -Chair Holt closed the Public Hearing, there being no other member of the public wishing to speak. Motion by: Commissioner Greenwood Seconded by: Commissioner Pradetto 1.Adopt Planning Commission Resolution No. 2882 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR AN ASSEMBLY USE (CHURCH) WITHIN AN EXISTING INDUSTRIAL BUILDING. THE PROJECT INCLUDES TENANT IMPROVEMENTS INCLUDING CLASSROOMS AND ADMINISTRATIVE OFFICES WITHIN A 4,332 SQUARE-FOOT BUILDING LOCATED AT 42580 CAROLINE COURT, SUITES “A” AND “C” AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” 2.Adopt Planning Commission Resolution No. 2883 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, REVOKING, IN ITS ENTIRETY, CONDITIONAL USE PERMIT NO. 12-188 FOR THE OPERATION OF A CHURCH FACITY WITHIN AN EXISTING INDUSTRIAL BUILDING LOCATED AT 42620 CAROLINE COURT APN 634-260-028.” RECUSED (1): Chair Gregory Motion Carried (4 to 0) 6 Planning Commission Meeting Minutes October 1, 2024 3 7.b CONSIDERATION TO GRANT A TWELVE-MONTH EXTENSION OF TIME FOR PRECISE PLAN 22-0003 AND TENTATIVE PARCEL MAP 38336 Commissioner DeLuna recused herself from this item and left the meeting at this time. Principal Planner Flores narrated a PowerPoint and responded to Commissioner inquiries. Chair Gregory opened and closed the Public Hearing, there being no one desiring to speak. Motion by: Commissioner Greenwood Seconded by: Vice-Chair Holt Adopt Planning Commission Resolution No. 2884 entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TWELVE-MONTH TIME EXTENSION FOR PRECISE PLAN 22-0003 AND TENTATIVE PARCEL MAP 38336 UNTIL OCTOBER 13, 2025.” RECUSED (1): Commissioner DeLuna Motion Carried (4 to 0) 8. INFORMATIONAL REPORTS & COMMENTS 8.a SUMMARY OF CITY COUNCIL ACTIONS None. 8.b COMMITTEE MEETING UPDATES 8.b.1 Cultural Arts Committee Vice-Chair Holt provided an update on the following agenda items of the Cultural Arts Committee: • Poet Laureate presentation; and • Plein Air Festival. 8.b.2 Parks and Recreation Committee None. 8.c PLANNING COMMISSIONERS None. 8.d CITY STAFF Principal Planner Melloni thanked the Commission for their participation in the kickoff of the Unified Development Code update. 7 Planning Commission Meeting Minutes October 1, 2024 4 8.e ATTENDANCE REPORT Report provided; no action taken. 9. ADJOURNMENT The Planning Commission adjourned at 6:25 p.m. Respectfully submitted, _________________________ Michelle Nance, Deputy Clerk II Recording Secretary _________________________ Richard Cannone, Director of Development Services Staff Liaison _________________________ Date approved by Planning Commission 8 Page 1 of 3 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT MEETING DATE: October 29, 2024 PREPARED BY: Kayleen Aguirre, Planning Technician REQUEST: CONSIDERATION TO AMEND SECTION 25.34.030 OF THE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW ; AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA RECOMMENDATION: Adopt Planning Commission Resolution No. 2885 entitled: “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) PURSANT TO CALIFORNIA PUBLIC RESOURCES CODE § 21080.17.” BACKGROUND/AN ALYSIS: In recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law two new bills, AB 2533 and SB 1211, that further amended state ADU law as summarized below. AB 2533 – Unpermitted ADUs and JADUs Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs 9 City of Palm Desert – Planning Commission Case No. ZOA24-0003 – Title 25 Zoning Ordinance Amendments Page 2 of 3 Replacement Parking Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. SB 1211 amends this to also prohibit a city from requiring replacement parkin g when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).) Multifamily ADUs Existing state law requires the City to ministerially approve qualifying building-permit applications for 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 ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4)(iii).) Streamlining/Clean Up City staff is also recommending revisions to the Zoning Ordinance section to streamline the process for staff and applicants to construct ADUs and clean up code references. Streamlining changes include the removal of a deed restriction requirement for ADUs (State law only requires this for JADUs) and removal of a separate ADU permit. Clean up items include correctin g references to the PDMC and Government Code and clearer definitions. Summary Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance aligns with the amendments made to AB 2533 and SB 1211. Therefore, staff is recommending the 10 City of Palm Desert – Planning Commission Case No. ZOA24-0003 – Title 25 Zoning Ordinance Amendments Page 3 of 3 Planning Commission adopt Resolution No. 2885 (Attachment 1), recommending the City Council adopt the proposed amended ordinance. Adoption of the ordinance may require changes to other sections of the PDMC at a future date to ensure consistency. Public Input: Public noticing was conducted for the October 29, 2024, Planning Commission special meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, October 18, 2024, in The Desert Sun newspaper. Environmental Review: Under California Public Resources Code (PRC) section 21080.17, 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 Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law. Findings of Approval: Findings can be made in support of the project under the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2885, attached to this staff report. ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2885 a. Draft Exhibit A: Zoning Ordinance Amendment 11 12 PLANNING 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 requirem ents 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. 13 PLANNING COMMISSION RESOLUTION NO. 2885 2 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 14 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: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on October ____, 2024. RICHARD D. CANNONE, AICP SECRETARY 15 PLANNING COMMISSION RESOLUTION NO. 2885 4 “EXHIBIT A” ZONING ORDINANCE AMENDMENT [Attached] 16 93939.00051\32452781.44 1 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 California Government Code Sections 65852.2 and 65852.22 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)(87) 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. 17 93939.00051\32452781.44 2 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. 6.7. “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. 7.8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. 8.9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. 9.10. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 18 93939.00051\32452781.44 3 10.11. “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. 11.12. “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 Only. If an ADU or JADU complies with each of the general requirements in subsection (E) below, it is allowed with only a building permit in the following scenarios: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 65852.22 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 total floor area is 800 square feet or smaller. iii.ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below. 19 93939.00051\32452781.44 4 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 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 that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations: 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. ADU Permit. a. Except as allowed under subsection (D)(1) above, no ADU may be created without 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 Development Services and approved by the City Council by resolution. 3.2. Process and Timing. a. An ADU permit 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. 20 93939.00051\32452781.44 5 a.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. b.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 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. c.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)(3)(b)(D)(2)(c) above. d.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 subsections (D)(D)(1) or (D)(2) above: 1. Zoning. a. An ADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use 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. 21 93939.00051\32452781.44 6 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. 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 above existing legal grade to the peak of the structure 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. 22 93939.00051\32452781.44 7 5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26 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. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. ADUs created under this section on or after January 1, 2020, are not subject to an owner-occupancy requirement. b. Unless applicable law requires otherwise, an ADU that was created before January 1, 2020, is subject to the owner-occupancy requirement that was in place when the ADU was created. c. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to the following 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.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 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 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 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 6634165852.26, the ADU or JADU may not be sold separately from the primary dwelling. 23 93939.00051\32452781.44 8 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 a n 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 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 ADU or 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. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied: a. With the building permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to 24 93939.00051\32452781.44 9 submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. 11.10. Building & Safety. a. Must comply with building code. Subject to subsection (E)(1011)(b) below, all ADUs and JADUs must comply with all local building code requirements. 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 only to ADUs that require an ADU permit under subsection (D)(2) above 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. 25 93939.00051\32452781.44 10 3. Setbacks; Separation. a. An ADU that is subject to this subsection (F) must conform to a 25- foot front-yard setback, subject to subsection (F)(1)(c) above. b.a. ADUs that are subject to this subsection (F) must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (F) 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. c.b. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure. d.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. e. No part of an ADU that is subject to in this subsection (F) may intrude into the setback and separation areas that established by paragraphs (F)(3)(a) through (D) above. 4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed 7550 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 50 25 percent, subject to subsection (F)(1)(c) above. 6. Passageway. No passageway, as defined by subsection (C)(98) 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)(1211) 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)(1110) above. ii. The ADU is located within an architecturally and historically significant historic district. 26 93939.00051\32452781.44 11 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. Space Dimensions. Any parking space that is required by this subsection (F)(7) must comply with the following minimum dimensions: i. A covered space must be at least 10 feet and 20 feet long. ii. An uncovered space must be at least 9 feet wide and 18.5 long. d.c. No Replacement. When a garage, carport, or 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. 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. 27 93939.00051\32452781.44 12 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. 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. 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. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: a. At least one 15-gallon size plant must be provided for every 5 linear feet of exterior wall. Alternatively, at least one 24” box size plant must be provided for every 10 linear feet of exterior wall. b. Plant specimens must be at least 6 feet tall when installed. As an alternative, the owner may provide the required screening with a solid wall or fence of at least 6 feet in height that is approved in accordance with this title. c. All landscaping must be drought-tolerant. d. All landscaping must be from the City’s approved plant list. 10.9. Historical Protections. The following requirements apply to all ADUs that are subject to this subsection (F) and that aAn 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. 28 93939.00051\32452781.44 13 G. Fees. The following requirements apply to all ADUs that are approved under subsections (D)(D)(1) or (D)(2) above. 1. Impact Fees. 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 Zzoning Ccode Cconditions, Bbuilding Ccode Vviolations, and Uunpermitted Sstructures. 29 93939.00051\32452781.44 14 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. 2. Unpermitted ADUs and JADUs constructed before 20202018. 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, 20202018, 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 (Government Code section 65852.2) or this section 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, 20202018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure 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: 30 93939.00051\32452781.44 15 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. 31 32 CITY OF PALM DESERT ATTENDANCE REPORT Advisory Body: Prepared By: Year Month Date 2 16 6 20 5 19 2 16 7 21 4 18 2 19 6 20 3 17 1 29 7 21 5 20 DeLuna, Nancy --P P P P P -P P P P -E -P P -P --P -1 0 Greenwood, John --P E P P P -P P P E -E -P P -P --P -3 0 Gregory, Ron --P P P P P -P P E P -P -E E -P --P -3 0 Holt, Lindsay --P P E P E -P P P P -P -P P -P --E -3 0 Pradetto, Joseph --P P P P P -P P P P -P -P P -P --P -0 0 Palm Desert Municipal Code 2.34.010: P Present A Absent E Excused -No meeting R Remote Twice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly. Total Unexcused Absences Jan Feb Mar Apr May Jun Jul Aug Sep 2024 2024 2024 2023 2023 Total Absences Oct Nov Dec PLANNING COMMISSION Niamh Ortega/Michelle Nance 2024 202420242024202420242024 33