HomeMy WebLinkAboutORD 1321ORDINANCE NO. 1321
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21 st 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 ONO
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 27th day of April 2017, by the following vote:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA ELLE D. KLASSEN, CI CLERK
CITY OF PALM DESERT, CALIFORNIA
D5 - 03 - 2-o 1-7
J N C. HARNIK, MAYOR
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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 existing 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 no
significant historic district.
c. No additional off-street parking is required when the accessory unit is part %1W
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:
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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.
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