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HomeMy WebLinkAbout2023ORDINANCE NO. 2023 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 91.00.10, 93.13.00, AND 93.23.14 OF THE PALM SPRINGS ZONING CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. City Attorney's Summary This Ordinance rescinds and replaces Section 93.23.14 of the City's Zoning Code relating to development standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The Ordinance amends the City's local regulations for the construction of ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22, which took effect on January 1, 2020. A. The City of Palm Springs, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and C. In 2019, the California Legislature approved, and the Governor signed into law a number of bills ("New ADU Laws") that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and D. The New ADU Laws take effect January 1, 2020, and if the City's ADU ordinance does not comply with the New ADU Laws, the City's ordinance becomes null and void; and E. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and F. Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020 renders the City's ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and Ordinance No. 2023 Page 2 G. The approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety; and H. The City Council has reviewed and considered the public testimony and agenda reports prepared in connection with this ordinance, including the policy considerations discussed therein, and the consideration and recommendation by the City's Planning Commission; and In accordance with the California Environmental Quality Act (Public Resources Code, § 21000 et seq., "CEQA") and the State CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.), the City has determined that the revisions to the Palm Springs Zoning Code are exempt from environmental review; and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. 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 Section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by Section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implement the State's ADU law. In addition to be statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the City Council finds that none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA Guidelines Section 1530.2, apply here. SECTION 3. Palm Springs Zoning Code (PSZC) Section 91.00.10(B) Ordinance No. 2023 Page 3 ("Definitions") is hereby amended to delete the following definition: "Accessory Dwelling Unit" means an attached or detached residential dwelling unit, situated on the same parcel as an existing primary single-family dwelling, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An Accessory Dwelling Unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. SECTION 4. Rescind and replace PSZC Section 93.13.00(2)(b) ("Hillside Developments') as follows: b. Minor remodels and/or additions to the exterior of a building, site plan, grading, landscape, exterior lighting or additions which do not exceed five hundred (500) square feet, do not increase building height, do not involve substantial new grading, and do not substantially alter the appearance of the subject property. Minor remodels and additions may be approved by the Director or designee. Notice to adjacent properties may be required pursuant to Section 93.13.00(B)(1)(b) above. SECTION 5. Rescind and replace PSZC Section 93.23.14 ("Accessory Dwelling Units') as follows: A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: 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.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. Ordinance No. 2023 Page 4 C. Definitions. As used in this section, terms are defined as follows: 1. "Accessory dwelling unit" or "ADW means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. 2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. 3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. 4. "Efficiency kitchen" means a kitchen that includes each of the following: a. A cooking facility with appliances. b. A food preparation counter or counters. C. Food storage cabinets. 5. "Junior accessory dwelling unit" or "JADU" means a residential unit that: a. is no more than 500 square feet in size, b, is contained entirely within an existing or proposed single- family structure, C. includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and d. includes an efficiency kitchen, as defined in subsection C(4) Ordinance No. 2023 Page 5 above. 6. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 7. "Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards. 8. "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. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 10. "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. "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 approval processes apply to ADUs and JADUs under this section: 1. Type 1: Building Permit Only. a. Generally. If an ADU or JADU complies with the criteria listed below and the general standards listed in subsection E, it is allowed with only a building permit in the following scenarios: i. Converted on Single-family Lot: Only one (1) ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: a) Is either: within the space of a proposed single- family dwelling; within the existing space of an existing single-family dwelling; or 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. For purposes of this paragraph, "within the existing space" includes a structure that is Ordinance No. 2023 Page 6 constructed in the same location and to the same dimensions. b) Has exterior access that is independent of that for the single-family dwelling. c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. Limited Detached on a Single-family Lot: One (1) 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.i above), if the detached ADU satisfies the following limitations: a) The side- and rear -yard setbacks are at least four (4) feet. b) The total floor area is eight hundred (800) square feet or smaller. c) The peak height above grade is sixteen (16) feet or less. iii_ Converted on a Multifamily Lot: Multiple 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. At least one converted ADU under this paragraph is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25) percent of the existing multifamily dwelling units. iv. Limited Detached on Multifamily Lot: No more than two (2) detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: a) The side- and rear -yard setbacks are at least four (4) feet. Ordinance No. 2023 Page 7 b) The peak height above grade is sixteen (16) feet or less. b. Development Standards for Type 1 ADUs and JADUs. i. Height and setback requirements for Type 1 ADUs and JADUs shall be as specified in subsection D.1.a above. No lot coverage or open space requirements shall be applicable. ii. Parking requirements for Type 1 ADUs and JADUs shall be as specified in subsection E.2. iii. Type 1 ADUs and JADUs shall be subject to the general requirements listed in subsection E. 2. Type 2: ADU Permit Required. a. Generally. ADUs that do not meet the criteria listed in subsection D.1 above shall require the approval of an ADU permit in addition to a building permit. Type 2 ADUs shall conform to the general standards listed in subsection E and the specific criteria listed in this subsection D.2. b. Process and Timing. i. An ADU permit is considered and approved ministerially, without discretionary review or a hearing. ii. The City must act on an application to create an ADU or JADU within sixty (60) days from the date that the City receives the completed application, unless either: a) The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or b) In the case of a JADU and the application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered Ordinance No. 2023 Page 8 ministerially without discretionary review or a hearing. iii. The City may charge a fee to reimburse the 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 and approved by the City Council by resolution. C. Specific ADU Requirements. The following requirements apply to all Type 2 ADUs. i. Maximum Size. a) The maximum size of a detached or attached ADU subject to this subsection D.2 is eight - hundred fifty (850) square feet for a studio or one -bedroom unit and one thousand (1,000) square feet for a two -bedroom unit. No more than two (2) bedrooms are allowed. b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50) percent of the floor area of the existing primary dwelling. c) Application of other development standards in this subsection D.2, such as lot coverage or open space requirements, might further limit the size of the ADU, but any application of lot coverage, open space, or the square footage limit listed in subsection D.2.c.i.b above must yield to allow the ADU to be at least eight - hundred (800) square feet. Setbacks. a) No part of any ADU subject to this subsection D.2 shall be located within twenty-five (25) feet of the front property line. b) No part of any ADU subject to this subsection D.2 shall located within four (4) feet of a side or rear property line. Ordinance No. 2023 Page 9 iii. Height. No ADU subject to this subsection D.2 shall exceed sixteen (16) feet in height above grade, as measured to the peak of the structure. iv. Lot Coverage. No ADU subject to this subsection D.2 shall cause the total lot coverage of the lot to exceed fifty (50) percent, subject to subsection D.2.6 above. V. Minimum Open Space (Where Required). No ADU subject to this subsection D.2 shall cause the total percentage of open space of the lot to fall below forty (40) percent, subject to subsection D.2.6 above. vi. Passageway. No passageway, as defined by subsection C.8 above, is required for an ADU. vii. Parking. Parking requirements for Type 2 ADUs shall be as specified in subsection E.2. viii. Driveway. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access, as determined by the fire department. d_ Architectural Requirements. The following requirements apply to all Type 2 ADUs. 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. ii. 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. iii. The exterior lighting must be limited to down -lights or as otherwise required by the building or fire code. iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building fagade, not facing a public right-of-way. V. The interior horizontal dimensions of an ADU must be Ordinance No. 2023 Page 10 at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet. vi. Windows and doors of the ADU shall 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. vii. Windows and glass doors that face an adjoining property and are within fifteen (15) feet of a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. e. Landscape Requirements. Landscape screening must be planted and maintained between the ADU and adjacent parcels as follows: At least one (1) fifteen (15) gallon size plant shall be provided for every five (5) linear feet of exterior wall of the ADU. Alternatively, at least one (1) twenty-four (24) inch box size plant shall be provided for every ten (10) linear feet of exterior wall. Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. iii. All landscaping must be drought -tolerant. Historical Protections. An ADU that is on or abutting a real property or resource that is listed in the California Register of Historic Resources must comply with the Secretary of the Interior's objective standards for the treatment of historic resources. 3. Type 3: Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not satisfy the requirements of subsection D.1 or D.2 may be allowed by the City upon approval of a conditional use permit in accordance with the requirements of PSZC Section 94.03.00. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D above: Ordinance No. 2023 Page 11 1, Zoning. a. A Type 1 ADU or JADU subject only to a building permit under subsection DA above may be created on a lot in a residential or mixed -use zone. b. A Type 2 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 uses or multifamily residential uses. 2. Parking. a. Generally. One (1) 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.11 above. b. Exceptions. No parking under subsection E.2 is required in the following situations: The ADU is located within one-half (112) mile walking distance of public transit, as defined in subsection C.10 above. ii. The ADU is located within a designated historic district. iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a.i 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 (1) block of the ADU. vi. Where on -street parking spaces are available immediately adjacent to the subject property. C. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced. Ordinance No. 2023 Page 12 d. Dimensions. Each unenclosed parking space shall be at least eight and one-half (8-112) feet wide and eighteen (18) feet long. ii. Each parking space that is provided in an enclosed garage shall be at least ten (10) feet wide and twenty (20) feet long and have at least seven and one-half (7- 112) feet of vertical clearance. 3. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. 4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. 5. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). 6_ Septic System. If the ADU or JADU will connect to an onsite water - treatment system, the owner must include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years. 7. Owner Occupancy. a. All ADUs created before January 1, 2020, are subject to the owner -occupancy requirement that was in place when the ADU was created. b. An ADU that is created after that date but before January 1, 2025, is not subject to any owner -occupancy requirement. C. All ADUs that are created on or after January 1, 2025, are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. d. All JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must Ordinance No. 2023 Page 13 reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner -occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 8. Deed Restriction. Prior to issuance of a 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 copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that: a. The ADU or JADU may not be sold separately from the primary dwelling. 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 the other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code. e. The deed restriction is enforceable by the Director 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 legal unit. Ordinance No. 2023 Page 14 9. 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 ninety (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 ninety (90) day period, the City may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty (30) day period, the City may enforce this provision in accordance with applicable law. 10. Notice of Construction. a. At least ten (10) business days before starting any construction of an ADU or JADU, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: Notice that construction has been authorized, ii. The anticipated start and end dates for construction, iii. The hours of construction, iv. Contact information for the project manager (for construction -related complaints), and v. Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular ADU project under this section. This notice requirement is Ordinance No. 2023 Page 15 purely to promote neighborhood awareness and expectation. F. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsection D above. Impact Fees. a. No impact fee is required for an ADU or JADU that is less than seven -hundred fifty (750) square feet in size. b. Any impact fee that is required for an ADU that is seven - hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. 2. Utility Fees. a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the standard connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection F.2.a above, converted ADUs and JADUs on a single-family lot that are created under Subsection D.1.a.i above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility, nor is a connection fee or capacity charge required. C. Except as described in subsection F.2.a above, all ADUs and JADUs that are not covered by subsection F.2.b require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor are or the number of drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. Ordinance No. 2023 Page 16 SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections andlor provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 21ST DAY OF MAY, 2020. �/� / GEOFF KCWS ki'AYOT. ATTEST: THONY J CITY CLER Ordinance No. 2023 Page 17 CERTIFICATION STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2023 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 7, 2020, and adopted at a regular meeting of the City Council held on May 21, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this $^ day of h41a�4 tc>