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HomeMy WebLinkAbout1981ORDINANCE NO. 1981 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTIONS 91.00.1 0, 92.01.01, AND 93.23.14, RELATING TO ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES, CASE 5.1447 ZTA. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1447 ZT A was given in accordance with applicable law. B. On January 9, 2019, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, and voted 5 to 1 to recommend approval of the proposed amendment. C. On February 20, 2019, a public hearing on the proposed Zone Text Amendment was held by the City Council in accordance with applicable law. D. Pursuant to Section 15282(h) of the California Environmental Quality Act (CEQA), the project is subject to CEQA statutory exemption because it proposes the City to adopt an ordinance regarding second units in residential zones to implement the provisions of Government Code Section 65852.2. Additionally, the construction and conversion of minor structures such as Accessory Dwelling Units in residential zones, as well as the construction of additions to existing structures that does not exceed 50°/o of the existing floor area and 2,500 square feet in area are categorically exempt from CEQA review pursuant to Section 15303(a) ("New Construction or Conversion of Small Structures") and Section 15301 (e)(1) ("Existing Structures"), respectively. The project is also exempt from further CEQA review pursuant to Section 15061 (b)(3) because the adoption of the proposed Zone Text Amendment will provide guidelines pertaining to the development of Accessory Dwelling Units, which with certainty will not have a significant environment effect. E. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. F. would: The City Council finds that approval of the proposed Zone Text Amendment 1. Implement Action HS1.4 of the Housing Element of the General Plan, which addresses the need for completing zoning ordinance amendments to facilitate affordable and diverse housing options and to adopt a Second Unit provision that is consistent with the current requirements of State law. Ordinance No. 1981 Page2 2. Allow the definition, Accessory Second Units, in the City of Palm Springs Zoning Code to be consistent with the definition identified in the State's Accessory Dwelling Unit (ADU) law (Government Code Section 65852.2}. 3. Allow the City of Palm Springs Zoning Code Accessory Second Unit regulations (PSZC Section 93.23.14) to be consistent with the State's Accessory Dwelling Unit (ADU) law (Government code Section 65852.2). 4. Achieve consistency in the Palm Springs Zoning Code regulations relating to Accessory Dwelling Units, which are stated in Sections 91.00.10 ("Definitions"), 92.01.01 ("Uses Permitted"), and 93.23.14 ("Accessory Second Units"). 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. Amend and replace the definition of "Accessory second dwelling unit" and amend the definition of "Living area" in Section 91.00.01 ("Definitions") of the Palm Springs Municipal Code as follows: "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. "Living area" means the interior habitable area of a dwelling unit including basements, attics and mezzanines, but does not include a garage or non-habitable accessory structure. SECTION 3. Add the definitions of "Cooking facilities" and "Tandem parking" to Section 91.00.01 ("Definitions") of the Palm Springs Municipal Code as follows: "Cooking facilities" means appliances that are designed and utilized for preparing or cooking food that include the following: ovens, ranges, stoves, cooktops, built- in microwaves. Cooking facilities do not include refrigerators, countertop microwaves, hot plates, and sinks. Ordinance No. 1981 Page 3 "Tandem parking" means two (2) or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. SECTION 4. Amend Section 92.01.01 (A)(2) ("Uses Permitted") of the Palm Springs Municipal Code as follows: Accessory buildings and uses customarily incident to the permitted uses when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. Servants quarters, guest houses and accessory living quarters may be erected in detached structures but shall not be provided with kitchen arrangements, nor other provisions for meal preparation. SECTION 5. Rescind and replace Section 93.23.14 ("Accessory Second Units") of the Palm Springs Municipal Code as follows: 93.23.14 Accessory Dwelling Units. A. Intent. The intent of this Section is to provide for the creation of Accessory Dwelling Units in the City's single-family and multiple-family residential zones, in accordance with Government Code Section 65852.2. Accessory Dwelling Units are an important source of housing that contributes to the character and diversity of housing opportunities in the City. Accessory Dwelling Units provide workforce housing, housing for family members, students, elderly, in-home health care providers, the disabled, and others. This Section prescribes standards for Accessory Dwelling Units to minimize adverse impacts on the public health, safety, and general welfare from the establishment of such units. An Accessory Dwelling Unit which conforms to the requirements of this section shall: 1. Not be considered to exceed the allowable density for the lot upon which it is located; 2. Be deemed a residential use consistent with the Palm Springs General Plan and zoning designation for the lot upon which it is located; 3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and Ordinance No. 1981 Page4 4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. B. Applicability. 1. New Accessory Dwelling Units Any construction, establishment, alteration, enlargement, or modification of an Accessory Dwelling Unit shall comply with the requirements of this Chapter, other development standards in this Title applicable to the zone in which the lot is located, and the City's Building Code. 2. Non-Conforming Accessory Dwelling Units All Accessory Dwelling Units which were legally constructed or initiated but which do not conform to this Chapter are deemed non-conforming and shall be subject to the provisions of Chapter 94.05.00-07, Non-conformance. 3. Existing Illegal Accessory Dwelling Units The provisions of this Chapter shall in no way validate any existing illegal Accessory Dwelling Unit. An application may be made pursuant to this Section to convert an illegal Accessory Dwelling Unit to a legal conforming Accessory Dwelling Unit, and shall be subject to the same standards and requirements as for a newly proposed Accessory Dwelling Unit. 4. Designation of Existing Primary Unit to Accessory Dwelling Unit An existing residential structure may be designated as an Accessory Dwelling Unit at such a time as a new primary dwelling unit is constructed, provided the existing structure conforms to all the development standards of this Chapter. 5. Conflicting Provisions in Specific Plans and General Development Plans In the event the provisions of this Section conflicts with any provision of an adopted Specific Plan or Planned Development District, the provisions of this Section shall prevail. C. Permitted Sites. 1. No more than one (1) Accessory Dwelling Unit may be allowed on any residentially zoned lot. The residential lot must meet the following criteria: Ordinance No. 1981 PageS a. An Accessory Dwelling Unit may only be permitted on a residentially zoned lot that is at least 5,000 square feet and that has one (1) proposed or existing single-family dwelling on it. b. All lots must be conforming in size for the zone in which it is located. c. The lot may contain no more than one (1) existing single-family dwelling. d. Notwithstanding subparagraphs (a) and (b) above, the City shall approve an application in a ministerial manner for a building permit to create within a single-family residential zone one (1) Accessory Dwelling Unit per single-family lot if the Accessory Dwelling Unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure, has independent exterior access from the existing residence, and meets the applicable side and rear setbacks of the zone in which Accessory Dwelling Unit is located. D. Accessory Dwelling Unit Requirements. 1. An Accessory Dwelling Unit shall not be intended or offered for sale separately from the primary dwelling unit. 2. An Accessory Dwelling Unit shall be either: a. Attached to the existing dwelling unit; b. Detached from the existing dwelling and located on the same lot as the existing dwelling; or c. Located within the living area of the existing dwelling. 3. An Accessory Dwelling Unit shall be constructed on a permanent foundation and connected to the public sewer. 4. The following additional requirements shall apply to Accessory Dwelling Units in all residential zones: a. The owner of the Accessory Dwelling Unit may live within the primary dwelling unit or the Accessory Dwelling Unit, and may rent the other unit; rentals shall be for periods of twenty-eight (28) days or more. The owner may also rent both the primary dwelling and the Accessory Dwelling Unit concurrently for periods of twenty- eight (28) days or more. Ordinance No. 1981 Page 6 b. The twenty-eight (28) day minimum rental requirement shall not apply where the entire property, including the primary unit and the Accessory Dwelling Unit, is rented or leased to the same person under one (1) lease or rental agreement. c. An Accessory Dwelling Unit shall not be required to be metered separately from the primary dwelling unit for gas, electricity, and water. d. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. E. Setbacks, Lot Coverage, and Floor Area Restrictions. 1. An Accessory Dwelling Unit shall conform to all required setback requirements of the zone in which the lot is located. Notwithstanding the foregoing, no setback shall be required for an existing legally permitted structure that is converted to an Accessory Dwelling Unit. 2. All development shall conform to the lot coverage standards of the zone in which the lot is located. 3. The total floor area of an attached or detached Accessory Dwelling Unit shall not exceed 1 ,200 square feet, nor be less than 150 square feet pursuant to the definition of efficiency unit as set forth in the California Health and Safety Code. 4. The floor area of an Accessory Dwelling Unit shall not exceed fifty percent (50°/o) of the existing living area or 1 ,200 square feet, whichever is less. 5. An Accessory Dwelling Unit shall not include more than two {2) bedrooms. F. Height Restriction. An Accessory Dwelling Unit shall be limited to one (1) story and shall not exceed the maximum permitted height of the zone in which the lot is located. G. Architectural Standards. 1. All architectural details of an Accessory Dwelling Unit shall be compatible to the style, materials, colors, and quality of the primary dwelling unit. 2. The Accessory Dwelling Unit shall be provided with an entrance separate from that of the primary dwelling. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit. For purposes of the subparagraph, "passageway" means a pathway that is Ordinance No. 1981 Page? unobstructed clear to the sky and extends from the street to one (1) entrance of the Accessory Dwelling Unit. 3. The entrance to the Accessory Dwelling Unit shall not be oriented to the street or otherwise alter the single-family appearance of the property from the street. Screen walls or other similar features may be utilized to screen the entrance of the Accessory Dwelling Unit from the street. H. Off-Street Parking and Driveway Provisions. 1. No Accessory Dwelling Unit may be permitted on a lot where the required parking for the existing dwelling unit has not been met in accordance with Section 93.06.00(D)(29)(a). 2. Off-street parking for Accessory Dwelling Units shall be one (1) space per unit regardless of the number of bedrooms. Such parking space shall be nine (9) foot-wide and seventeen (17) foot-long, and be provided on the same lot as the Accessory Dwelling Unit. A covered parking space is preferred but not required. The parking space for the Accessory Dwelling Unit shall be in addition to the parking required for the primary residence. 3. No additional driveway approaches from public streets shall be permitted for the off-street parking for Accessory Dwelling Units unless it is approved by the Director of Planning Services. Access to the parking can be provided from an alley. 4. The required off-street parking space for the Accessory Dwelling Unit may be located in rear or non-street side setbacks or through tandem parking on existing driveways, but such space shall not interfere with access to the required parking for the primary residence. "Tandem parking" means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 5. Off-street parking spaces shall be replaced when a garage, carport or other covered parking area is demolished or converted to a non-parking use in conjunction with the construction of an Accessory Dwelling Unit. 6. Off-street parking for the Accessory Dwelling Unit is not required in any of the following circumstances: a. The Accessory Dwelling Unit is located within half a mile (0.5 mile) of public transit. b. The Accessory Dwelling Unit is located on a designated historic site or within a designed historic district. Ordinance No. 1981 Page 8 c. The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure. d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit. e. When there is a car share vehicle located within one (1) block of the Accessory Dwelling Unit. f. Where on-street parking spaces are available immediately adjacent to the subject property. I. Ministerial Approval. The Director shall approve an application for an Accessory Dwelling Unit if a complete application is submitted that demonstrates that the Accessory Dwelling Unit complies with the requirements of this Section. The application shall be considered in a ministerial manner without discretionary review or a hearing within one hundred twenty (120) days of the submittal of a complete application. SECTION 6. Any legally established Accessory Dwelling Unit for which a Vacation Rental Registration Certificate has been issued prior to the effective date of this ordinance shall be allowed to continue in accordance with the provisions of PSZC Section 94.05.04 (Nonconforming Uses). SECTION 7. 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 and/or 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 legislatio~. SECTION 8. Pursuant to Section 15282(h) of the California Environmental Quality Act (CEQA), the project is subject to CEQA statutory exemption because it proposes the City to adopt an ordinance regarding second units in residential zones to implement the provisions of Government Code Section 65852.2. Additionally, the construction and conversion of minor structures such as Accessory Dwelling Units in residential zones, as well as the construction of additions to existing structures that does not exceed 50°/o of the existing floor area and 2,500 square feet in area are categorically exempt from CEQA review pursuant to Section 15303(a) ("New Construction or Conversion of Small Structures") and Section 15301 (e)(1) ("Existing Structures"), respectively. The project is also exempt from further CEQA review pursuant to Section 15061 (b)(3) because the adoption of the proposed Zone Text Amendment will provide guidelines pertaining to the Ordinance No. 1981 Page 9 development of Accessory Dwelling Units, which with certainty will not have a significant environment effect. SECTION 9. 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. ADOPTED THIS erH DAY OF MARCH, 201 ~ ~--~ ROBERT MOON MAYOR 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.1981 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 201h day of February, 2019, and adopted at a regular meeting of the City Council held on the 61h day of March, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Holstege, Middleton, Roberts , Mayor Pro Tem Kors , and Mayor Moon None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California , this I 01~ day of H (;) ~ , '201 a, . c