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CITY COUNCIL STAFF REPORT
DATE: JANUARY 27, 2022 PUBLIC HEARING
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN
ORDINANCE TO IMPLEMENT SENATE BILL 9 REQUIREMENTS FOR
URBAN LOT SPLITS AND TWO-UNIT RESIDENTIAL DEVELOPMENTS,
CASE 5.1548 ZTA
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This is a request for the City Council to adopt an ordinance to implement regulations
relative to urban lot splits and two-unit residential development in single-family residential
zones; this ordinance is intended to implement the requirements of Senate Bill 9 (SB 9),
which became effective on January 1, 2022. The City Council adopted an urgency
ordinance, Ordinance No. 2057, with the same content on January 13, 2022 by a 4/5
vote. The proposed ordinance will supersede the urgency ordinance upon its effective
date.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 9.62 OF THE PALM SPRINGS MUNICIPAL CODE AND CHAPTER
93.00 OF THE PALM SPRINGS ZONING CODE RELATING TO URBAN LOT
SPLITS AND TWO-UNIT PROJECTS AND DETERMINING THE ORDINANCE
TO BE EXEMPT FROM CEQA.”
BACKGROUND:
SB 9 was signed into law by Governor Newsom on September 16, 2021 and became
effective on January 1, 2022. The bill allows urban lot splits and two-unit housing
developments within single-family residential zones to be approved administratively by
staff, without discretionary review or public hearing. While SB 9 applies to all cities and
counties, including charter cities, local agencies may adopt objective zoning, design, and
subdivision standards unless those standards would be contrary to state law.
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The City Council adopted Urgency Ordinance No. 2057 on January 13, 2022 to quickly
put standards in place for the benefit of applicants who may interested in pursuing urban
lot splits or two-unit development. Approval of the proposed ordinance will formally codify
these requirements via a regular public hearing process and will replace the urgency
ordinance.
STAFF ANALYSIS:
The proposed ordinance, which is similar in content to the urgency ordinance that was
adopted on January 13th, implements the requirements of SB 9 relative to urban lot splits
and two-unit housing developments. In accordance with state law, applications processed
under this ordinance will be approved ministerially at a staff level and will not require a
public hearing or discretionary review by the Planning Commission or Architectural
Review Committee.
As with the urgency ordinance, the proposed ordinance establishes that urban lot splits
may be proposed for existing lots of record as small as 2,400 square feet in area, with the
new resulting lots no smaller than 1,200 square feet. Each lot that is created under the
ordinance must have direct street frontage, which will allow for a side-by-side lot
configuration or a front-back configuration with the rear lot being a “flag lot.” New units
created by the ordinance may be up to 1,000 square feet in area, and side and rear yard
setbacks may be reduced to as little as four feet in order to allow the development of the
residential units. Architectural standards require that the units developed on the resulting
split lot must be consistent in terms of materials, architectural details, and roof pitch.
Landscaping requirements are also included to assist in screening the new units from
existing adjacent residences. A copy of the staff report from the January 13, 2022 City
Council meeting is included as Attachment B to this report and includes a more complete
description of the proposed ordinance and related development standards.
In considering the adoption of the urgency ordinance on January 13th, the City Council
modified the proposed development standards to increase the maximum unit size from
800 square feet to 1,000 square feet. The proposed ordinance includes this modification;
no other modifications to the ordinance are proposed at this time.
Planning Commission Action
The Planning Commission is scheduled to hold a public hearing on this matter at their
meeting of January 26, 2022. A verbal report of the Planning Commission
recommendation and action will be provided at the City Council meeting of January 27,
2022.
Future Action
The proposed ordinance includes basic objective development standards and
architectural standards for urban lot splits and two-unit residential development. To make
the ordinance effective for the development of affordable housing while preserving
neighborhood character, it is recommended that further analysis and public input be
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conducted relative to the architectural standards and development requirements. The
Planning Commission has discussed the appointment of a subcommittee to work with
City Staff and stakeholders in studying and formulating recommended modifications to
the ordinance. Areas of study and analysis may include increasing the maximum unit size,
setback modifications, parking/driveway design and configuration standards, additional
architectural standards, and similar development standards. It is intended that the
recommendations of the Planning Commission will be forwarded to the City Council for
consideration and adoption later this spring.
ENVIRONMENTAL ASSESSMENT:
Under California Government Code sections 65852.21, subdivision (j), and 66411.7,
subdivision (n), the adoption of an ordinance by a city or county implementing the
provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot
splits and two-unit projects is statutorily exempt from the requirements of the California
Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily
exempt from CEQA in that the proposed ordinance implements these new laws enacted
by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA
Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA,
among other things, the division of property in urbanized areas zoned for residential use
into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15
exemption because the ordinance regulates a single urban lot split of one parcel into two
separate lots between 60 percent and 40 percent of the original lot area in a residential
zone. Further, 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 a second dwelling unit
in a residential zone and a duplex or similar multi-family residential structure totaling no
more than four dwelling units as examples of activity that expressly falls within this
exemption. Here, the ordinance is categorically exempt under the Class 3 exemption
because the ordinance regulates the construction of two primary dwelling units or, if there
is already a primary dwelling unit on the lot, the development of a second primary dwelling
unit, in a residential zone. 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 15300.2,
apply here. Specifically, the City Council finds that the ordinance will:
(1) Not result in a potentially significant cumulative impact as the development
allowable under this ordinance will only be established in developed areas
where environmental analysis and assessment has occurred, and the
scope of allowable development will not result in impacts that significantly
exceed that of the existing development;
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(2) Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances as the
development allowable under this ordinance will only be permitted in
developed areas and poses no impacts that differ from existing
development;
(3) Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway as the development
allowable under this ordinance is not permitted in areas with scenic area
overlay protections as identified in the General Plan and Zoning Code;
(4) Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code as no areas eligible for the
development allowable under this ordinance are located on a listed
hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a historical
resource as alterations to historic resources are governed by the
procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and
are subject to review and approval by the Historic Preservation Officer
and/or the Historic Site Preservation Board.
Each of the foregoing exemptions is asserted in the alternative and each is independently
sufficient to fully exempt the whole of the project.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Draft Ordinance.
B. City Council Staff Report – January 13, 2022.
C. Public Comment.
Item 2B - 4
ATTACHMENT A
Item 2B - 5
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 9.62 OF THE PALM
SPRINGS MUNICIPAL CODE AND CHAPTER 93.00
OF THE PALM SPRINGS ZONING CODE
RELATING TO URBAN LOT SPLITS AND TWO-
UNIT PROJECTS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA.
City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal
Code and the Palm Springs Zoning Code to adopt
standards and procedures for urban lot splits and two-
unit developments in single-family residential zones in
accordance with Senate Bill 9.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to
Article XI of the California Constitution and pursuant to the authority granted the
City by Sections 5 and 7 of Article XI, the City has the power to make and enforce
within its limits all ordinances and regulations in respect to municipal affairs not in
conflict with general laws and its own charter. Such police powers include without
limitation the ability to adopt comprehensive zoning regulations and regulations
upon the use of land and property within the City; and
B. In 2021, the California Legislature approved, and the Governor
signed into law Senate Bill 9 (“SB 9”), which, among other things, adds
Government Code Section 65852.21 and 66411.7 to impose new limits on local
authority to regulate urban lot splits and two-units projects; and
C. SB 9 allows local agencies to adopt objective design, development,
and subdivision standards for urban lot splits and two-unit projects; and
D. SB 9 takes effect on January 1, 2022, and preempts any conflicting
city ordinance; and
E. The City desires to amend its local regulatory scheme to comply with
Government Code Sections 66411.7 and 65852.21 and to appropriately regulate
projects under SB 9; and
F. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code
(PSZC), the Director of Planning Services is authorized to initiate proceedings and
recommend amendments to the Zoning Code; and
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G. On January 26, 2022, the Planning Commission conducted a duly
noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending
the Zoning Code to adopt standards to allow the ministerial approval of urban lot
splits and two-unit development in accordance with Senate Bill 9 (the “Zoning Text
Amendment”) and, by a ___-___ vote, approved Resolution #_____
recommending approval of the Zoning Text Amendment to the City Council; and
H. Notice of a public hearing of the City Council of the City of Palm
Springs to consider the Zoning Text Amendment was given in accordance with
applicable law; and
I. On January 27, 2022, a duly noticed public hearing on the proposed
Zoning Text Amendment was held by the City Council in accordance with
applicable law where, by a ___ to ___ vote, the City Council adopted the Zoning
Text Amendment; and
J. Under California Government Code sections 65852.21, subdivision
(j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county
implementing the provisions of Government Code sections 66411.7 and 65852.21
and regulating urban lot splits and two-unit projects is statutorily exempt from the
requirements of the California Environmental Quality Act (“CEQA”). Therefore, the
proposed ordinance is statutorily exempt from CEQA in that the proposed
ordinance implements these new laws enacted by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 15 exemption set forth in State
CEQA Guidelines section 15315. The Class 15 exemption categorically exempts
from CEQA, among other things, the division of property in urbanized areas zoned
for residential use into four or fewer parcels. Here, the ordinance is categorically
exempt under Class 15 exemption because the ordinance regulates a single urban
lot split of one parcel into two separate lots between 60 percent and 40 percent of
the original lot area in a residential zone. Further, 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 a second dwelling unit in a
residential zone and a duplex or similar multi-family residential structure totaling
no more than four dwelling units as examples of activity that expressly falls within
this exemption. Here, the ordinance is categorically exempt under the Class 3
exemption because the ordinance regulates the construction of two primary
dwelling units or, if there is already a primary dwelling unit on the lot, the
development of a second primary dwelling unit, in a residential zone. 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 15300.2, apply here.
Specifically, the City Council finds that the ordinance will:
Item 2B - 7
(1) Not result in a potentially significant cumulative impact as the
development allowable under this ordinance will only be established
in developed areas where environmental analysis and assessment
has occurred, and the scope of allowable development will not result
in impacts that significantly exceed that of the existing development;
(2) Not result in a reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances
as the development allowable under this ordinance will only be
permitted in developed areas and poses no impacts that differ from
existing development;
(3) Not result in damage to scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state scenic highway as
the development allowable under this ordinance is not permitted in
areas with scenic area overlay protections as identified in the
General Plan and Zoning Code;
(4) Not be located on a hazardous waste site included on any list
compiled pursuant to § 65962.5 of the Government Code as no areas
eligible for the development allowable under this ordinance are
located on a listed hazardous waste site; or
(5) Not result in a substantial adverse change in the significance of a
historical resource as alterations to historic resources are governed
by the procedures listed in Chapter 8.05 of the Palm Springs
Municipal Code and are subject to review and approval by the
Historic Preservation Officer and/or the Historic Site Preservation
Board.
Each of the foregoing exemptions is asserted in the alternative and each is
independently sufficient to fully exempt the whole of the project.
K. The City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the Zoning Text
Amendment, including, but not limited to, the staff report, and all written and oral
testimony presented; and
L. The City Council hereby finds that approval of the proposed Zoning
Text Amendment would:
1. Implement the requirements of Senate Bill 9 by adopting standards
and procedures relative to urban lot splits and two-unit development
in single-family residential zone districts that are consistent with state
law.
Item 2B - 8
2. Implement the goals and policies of the Housing Element of the City
of Palm Springs General Plan by increasing options for the
development of new housing units that are affordable for residents
with incomes that are at or below the area median income.
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 the and through this Ordinance.
SECTION 2. Add Section 9.62.055 to Chapter 9.62 of the Palm Springs
Municipal Code to read as follows:
Section 9.62.055 Urban Lot Splits
A. Purpose. The purpose of this section is to allow and appropriately regulate
urban lot splits in accordance with Government Code section 66411.7.
B. Definition. An “urban lot split” means the subdivision of an existing, legally
subdivided lot into two lots in accordance with the requirements of this
section.
C. Application.
1. Only individual property owners may apply for an urban lot split.
“Individual property owner” means a natural person holding fee title
individually or jointly in the person’s own name or a beneficiary of a
trust that holds fee title. “Individual property owner” does not include
any corporation or corporate person of any kind (partnership, LP,
LLC, C corp, S corp, etc.) except for a community land trust (as
defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified
nonprofit corporation (as defined by § 214.15).
2. An application for an urban lot split must be submitted on the city’s
approved form. Only a complete application will be considered. The
city will inform the applicant in writing of any incompleteness within
30 days after the application is submitted.
3. The city may establish a fee to recover its costs for adopting,
implementing, and enforcing this section of the code, in accordance
with applicable law. The city council may establish and change the
fee by resolution. The fee must be paid with the application.
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D. Approval.
1. An application for a parcel map for an urban lot split is approved or
denied ministerially, by the Director, without discretionary review.
2. A tentative parcel map for an urban lot split is approved ministerially
if it complies with all the requirements of this section. The tentative
parcel map may not be recorded. A final parcel map is approved
ministerially as well, but not until the owner demonstrates that the
required documents have been recorded, such as the deed
restriction and easements. The tentative parcel map expires three
months after approval.
3. The approval must require the owner and applicant to hold the city
harmless from all claims and damages related to the approval and
its subject matter.
4. The approval must require the owner and applicant to reimburse the
city for all costs of enforcement, including attorneys’ fees and costs
associated with enforcing the requirements of this code.
E. Requirements. An urban lot split must satisfy each of the following
requirements:
1. Map Act Compliance.
(a) The urban lot split must conform to all applicable objective
requirements of the Subdivision Map Act (Gov. Code § 66410
et. seq., “SMA”), including implementing requirements in this
code, except as otherwise expressly provided in this section.
(b) If an urban lot split violates any part of the SMA, the city’s
subdivision regulations, including this section, or any other
legal requirement:
(1) The buyer or grantee of a lot that is created by the
urban lot split has all the remedies available under the
SMA, including but not limited to an action for damages
or to void the deed, sale, or contract.
(2) The city has all the remedies available to it under the
SMA, including but not limited to the following:
(i) An action to enjoin any attempt to sell, lease, or
finance the property.
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(ii) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive
relief.
(iii) Criminal prosecution, punishable by
imprisonment in county jail or state prison for up
to one year, by a fine of up to $10,000, or both;
or a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(c) Notwithstanding section 66411.1 of the SMA, no dedication of
rights-of-way or construction of offsite improvements is
required for an urban lot split.
2. Zone. The lot to be split is in a single-family residential zone. For
purposes of this section, a single-family residential zone is a zone
where the only residential use that is allowed as a primary use is a
single residential dwelling on a lot.
3. Lot Location.
(a) The lot to be split is not located on a site that is any of the
following:
(1) Prime farmland, farmland of statewide importance, or
land that is zoned or designated for agricultural
protection or preservation by the voters.
(2) A wetland.
(3) Within a very high fire hazard severity zone, unless the
site complies with all fire-hazard mitigation measures
required by existing building standards.
(4) A hazardous waste site that has not been cleared for
residential use.
(5) Within a delineated earthquake fault zone, unless all
development on the site complies with applicable
seismic protection building code standards.
(6) Within a 100-year flood hazard area, unless the site
has either:
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(i) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
(ii) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.
(7) Within a regulatory floodway, unless all development
on the site has received a no-rise certification.
(8) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation
plan, or other adopted natural resource protection plan.
(9) Habitat for protected species.
(10) Land under conservation easement.
(11) Land within a hillside area, as that term is defined in
section 93.13.00.
(b) The purpose of subpart (E)(3)(a) above is merely to
summarize the requirements of Government Code section
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
4. Not Historic. The lot to be split must not be a historic property or
within a historic district that is included on the State Historic
Resources Inventory, nor may the lot be or be within a site that is
designated by ordinance as a city or county historic resource or as a
historic property or within a historic district.
5. No Prior Urban Lot Split.
(a) The lot to be split was not established through a prior urban
lot split.
(b) The lot to be split is not adjacent to any lot that was
established through a prior urban lot split by the owner of the
lot to be split or by any person acting in concert with the
owner.
6. No Impact on Protected Housing. The urban lot split must not require
Item 2B - 12
or include the demolition or alteration of any of the following types of
housing:
(a) Housing that is income-restricted for households of moderate,
low, or very low income.
(b) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its policy power.
(c) Housing, or a lot that used to have housing, that has been
withdrawn from rental or lease under the Ellis Act (Gov. Code
§§ 7060–7060.7) at any time in the 15 years prior to
submission of the urban lot split application.
(d) Housing that has been occupied by a tenant in the last three
years. The applicant and the owner of a property for which an
urban lot split is sought must provide a sworn statement as to
this fact with the application for the parcel map. The city may
conduct its own inquiries and investigation to ascertain the
veracity of the sworn statement, including but not limited to,
surveying owners of nearby properties; and the city may
require additional evidence of the applicant and owner as
necessary to determine compliance with this requirement.
7. Lot Size.
(a) The lot to be split must be at least 2,400 square feet.
(b) The resulting lots must each be at least 1,200 square feet.
(c) Each of the resulting lots must be between 60 percent and 40
percent of the original lot area.
8. Easements.
(a) The owner must enter into an easement agreement with each
public-service provider to establish easements that are
sufficient for the provision of public services and facilities to
each of the resulting lots.
(b) Each easement must be shown on the tentative parcel map.
(c) Copies of the unrecorded easement agreements must be
submitted with the application. The easement agreements
must be recorded against the property before the final map
may be approved, in accordance with subpart (D)(2) above.
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(d) If an easement is recorded and the project is not completed,
making the easement moot, the property owner may request,
and the city will provide, a notice of termination of the
easement, which the owner may record.
9. Lot Access.
(a) Each resulting lot must adjoin the public right-of-way.
(b) Each resulting lot must have frontage on the public right-of-
way of at least 12.5 feet.
10. Unit Standards.
(a) Quantity. No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For purposes
of this paragraph, “unit” means any dwelling unit, including,
but not limited to, a primary dwelling unit, a unit created under
section 93.23.21 of this code, an ADU, or a JADU.
(b) Unit Size.
(1) The total floor area of each primary dwelling that is
developed on a resulting lot must be
(i) less than or equal to 1,000 and
(ii) more than 500 square feet.
(2) A primary dwelling that was legally established prior to
the urban lot split and that is larger than 1,000 square
feet is limited to the lawful floor area at the time of the
urban lot split. It may not be expanded.
(3) A primary dwelling that was legally established prior to
the urban lot split and that is smaller than 1,000 square
feet may be expanded to 1,000 square feet after the
urban lot split.
(c) Height Restrictions.
(1) On a resulting lot that is larger than 2,000 square feet,
no new primary dwelling unit may exceed a single story
or 16 feet in height, measured from grade to peak of
the structure.
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(2) On a resulting lot that is smaller than 2,000 square feet,
no new primary dwelling unit may exceed two stories
or 22 feet in height, measured from grade to peak of
the structure. A second story is only permissible where
conformance to lot coverage or setback requirements
does not result in two primary units on the lot of up to
1,000 square feet each. Any portion of a new primary
dwelling that exceeds one story must be stepped back
by an additional five feet from the ground floor; no
balcony deck or other portion of the second story may
project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot resulting from an urban lot
split.
(d) Lot Coverage. Lot coverage shall not exceed 45%. This lot
coverage standard is only enforced to the extent that it does
not prevent two primary dwelling units on the lot at 1,000
square feet each.
(e) Setbacks.
(1) Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.
(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:
(i) Existing Structures. No setback is required for
an existing legally established structure or for a
new structure that is constructed in the same
location and to the same dimensions as an
existing legally established structure.
(ii) 1,000 square feet; four-foot side and rear. The
setbacks imposed by the underlying zone must
yield to the degree necessary to avoid physically
precluding the construction of up to two units on
the lot or either of the two units from being at
least 1,000 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other
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part of this code, dwellings that are constructed
after an urban lot split must be at least 25 feet
from the front property lines. The front setback
area must:
(I) be kept free from all structures greater
than three feet high;
(II) be at least 50 percent landscaped with
drought-tolerant plants, with vegetation
and irrigation plans approved by a
licensed landscape architect;
(III) allow for vehicular and fire-safety access
to the front structure.
(f) Parking. Each new primary dwelling unit that is built on a lot
after an urban lot split must have at least one off-street parking
space per unit unless one of the following applies:
(1) The lot is located within one-half mile walking distance
of either
(i) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or
(ii) a site that contains
(I) an existing rail or bus rapid transit station,
or
(II) the intersection of two or more major bus
routes with a frequency of service interval
of 15 minutes or less during the morning
and afternoon peak commute periods.
(2) The site is located within one block of a car-share
vehicle location.
(g) Architecture.
(1) If there is a legal primary dwelling on the lot that was
established before the urban lot split, any new primary
dwelling unit must match the existing primary dwelling
unit in exterior materials, color, and dominant roof
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pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
(2) If there is no legal primary dwelling on the lot before the
urban lot split, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
(3) All exterior lighting must be limited to down-lights.
(4) No window or door of a dwelling that is constructed on
the lot after the urban lot split may 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.
(5) If a dwelling is constructed on a lot after an urban lot
split and any portion of the dwelling is less than 30 feet
from a property line that is not a public right-of-way line,
then all windows and doors in that portion must either
be (for windows) clerestory with the bottom of the glass
at least six feet above the finished floor, or (for windows
and for doors) utilize frosted or obscure glass.
(h) Landscaping. Evergreen landscape screening must be
planted and maintained between each dwelling and adjacent
lots (but not rights-of-way) as follows:
(1) At least one (1) 15-gallon size plant shall be provided
for every five (5) linear feet of exterior wall.
Alternatively, at least one (1) 24” box size plant shall
be provided for every ten (10) linear feet of exterior
wall.
(2) 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.
(3) All landscaping must be drought tolerant.
(4) All landscaping must be from the city’s approved plant
list.
(i) Nonconforming Conditions. An urban lot split may be
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approved without requiring a legal nonconforming zoning
condition to be corrected.
(j) Utilities. Each primary dwelling unit on the resulting lots must
have its own direct utility connection to the utility service
provider.
(k) Building & Safety. All structures built on the lot must comply
with all current local building standards. An urban lot split is a
change of use.
11. Fire-Hazard Mitigation Measures.
(a) A lot in a very high fire hazard severity zone must comply with
each of the following fire-hazard mitigation measures:
(1) It must have direct access to a public right-of-way with
a paved street with a width of at least 40 feet. The
public right-of-way must have at least two independent
points of access for fire and life safety to access and
for residents to evacuate.
(2) All dwellings on the site must comply with current fire
code requirements for dwellings in a very high fire
hazard severity zone.
(3) All enclosed structures on the site must have fire
sprinklers.
(4) All sides of all dwellings on the site must be within a
150-foot hose-pull distance from either the public right-
of-way or of an onsite fire hydrant or standpipe.
(5) If the lot does not have a swimming pool, the lot must
have a water reservoir of at least 5,000 gallons per
dwelling, with fire-authority approved hookups
compatible with fire-authority standard pump and hose
equipment.
(b) Prior to submitting an application for an urban lot split, the
applicant must obtain a certificate of compliance with all
applicable fire-hazard mitigation measures in accordance with
this subpart (E)(11). The city or its authorized agent must
inspect the site, including all structures on the site, and certify
as to its compliance. The certificate must be included with the
application. The applicant must pay the city’s costs for
Item 2B - 18
inspection. Failure to pay is grounds for denying the
application.
12. Separate Conveyance.
(a) Within a resulting lot.
(1) Primary dwelling units on a lot that is created by an
urban lot split may not be owned or conveyed
separately from each other.
(2) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created
by an urban lot split.
(3) All fee interest in a lot and all dwellings on the lot must
be held equally and undivided by all individual property
owners.
(b) Between resulting lots. Separate conveyance of the resulting
lots is permitted. If dwellings or other structures (such as
garages) on different lots are adjacent or attached to each
other, the urban lot split boundary may separate them for
conveyance purposes if the structures meet building code
safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the
new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is necessary to
allocate rights and responsibility between the owners of the
two lots.
13. Regulation of Uses.
(a) Residential-only. No non-residential use is permitted on any
lot created by urban lot split.
(b) No Short-Term Rentals. No dwelling unit on a lot that is
created by an urban lot split may be rented for a period of less
than 30 days.
(c) Owner Occupancy. The applicant for an urban lot split must
sign an affidavit stating that the applicant intends to occupy
one of the dwelling units on one of the resulting lots as the
applicant’s principal residence for a minimum of three (3)
years after the urban lot split is approved.
Item 2B - 19
14. Notice of Construction.
(a) At least 30 business days before starting any construction of
a structure on a lot created by an urban lot split, 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:
(1) Notice that construction has been authorized,
(2) The anticipated start and end dates for construction,
(3) The hours of construction,
(4) Contact information for the project manager (for
construction-related complaints), and
(5) Contact information for the Building & Safety Division.
(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
project under this section. This notice requirement is purely
to promote neighborhood awareness and expectation.
15. Deed Restriction. The owner must record a deed restriction,
acceptable to the city, that does each of the following:
(a) Expressly prohibits any rental of any dwelling on the property
for a period of less than 30 days.
(b) Expressly prohibits any non-residential use of the lots created
by the urban lot split.
(c) Expressly prohibits any separate conveyance of a primary
dwelling on the property, any separate fee interest, and any
common interest development within the lot.
(d) States that the property is formed by an urban lot split and is
therefore subject to the city’s urban lot split regulations,
including all applicable limits on dwelling size and
development.
F. Specific Adverse Impacts.
Item 2B - 20
1. Notwithstanding anything else in this section, the city may deny an
application for an urban lot split if the building official makes a written
finding, based on a preponderance of the evidence, that the project
would have a “specific, adverse impact” on either public health and
safety or on the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific
adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code
§ 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the
application was deemed complete” and does not include (1)
inconsistency with the zoning ordinance or general plan land use
designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning
staff and others as necessary in making a finding of specific, adverse
impact.
SECTION 3. Add Section 93.23.21 to Chapter 93.00 of the Palm Springs
Zoning Code to read as follows:
Section 93.23.21 Two-Unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate
two-unit projects in accordance with Government Code section 65852.21.
B. Definition. A “two-unit project” means the development of two primary
dwelling units or, if there is already a primary dwelling unit on the lot, the
development of a second primary dwelling unit on a legally subdivided lot in
accordance with the requirements of this section.
C. Application.
1. Only individual property owners may apply for a two-unit project.
“Individual property owner” means a natural person holding fee title
individually or jointly in the person’s own name or a beneficiary of a
trust that holds fee title. “Individual property owner” does not include
any corporation or corporate person of any kind (partnership, LP,
LLC, C corp, S corp, etc.) except for a community land trust (as
defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified
nonprofit corporation (as defined by § 214.15).
2. An application for a two-unit project must be submitted on the city’s
Item 2B - 21
approved form.
3. The applicant must obtain a certificate of compliance with the
Subdivision Map Act for the lot and provide the certificate with the
application.
4. Only a complete application will be considered. The city will inform
the applicant in writing of any incompleteness within 30 days after
the application is submitted.
5. The city may establish a fee to recover its costs for adopting,
implementing, and enforcing this section of the code, in accordance
with applicable law. The city council may establish and change the
fee by resolution. The fee must be paid with the application.
D. Approval.
1. An application for a two-unit project is approved or denied
ministerially, by the Director, without discretionary review.
2. The ministerial approval of a two-unit project does not take effect until
the city has confirmed that the required documents have been
recorded, such as the deed restriction and easements.
3. The approval must require the owner and applicant to hold the city
harmless from all claims and damages related to the approval and
its subject matter.
4. The approval must require the owner and applicant to reimburse the
city for all costs of enforcement, including attorneys’ fees and costs
associated with enforcing the requirements of this code.
E. Requirements. A two-unit project must satisfy each of the following
requirements:
1. Map Act Compliance. The lot must have been legally subdivided.
2. Zone. The lot is in a single-family residential zone. For purposes of
this section, a single-family residential zone is a zone where the only
residential use that is allowed as a primary use is a single residential
dwelling on a lot.
3. Lot Location.
a. The lot is not located on a site that is any of the following:
Item 2B - 22
1) Prime farmland, farmland of statewide importance, or
land that is zoned or designated for agricultural
protection or preservation by the voters.
2) A wetland.
3) Within a very high fire hazard severity zone, unless the
site complies with all fire-hazard mitigation measures
required by existing building standards.
4) A hazardous waste site that has not been cleared for
residential use.
5) Within a delineated earthquake fault zone, unless all
development on the site complies with applicable
seismic protection building code standards.
6) Within a 100-year flood hazard area, unless the site
has either:
(i) been subject to a Letter of Map Revision
prepared by the Federal Emergency
Management Agency and issued to the local
jurisdiction, or
(ii) meets Federal Emergency Management
Agency requirements necessary to meet
minimum flood plain management criteria of the
National Flood Insurance Program.
7) Within a regulatory floodway, unless all development
on the site has received a no-rise certification.
8) Land identified for conservation in an adopted natural
community conservation plan, habitat conservation
plan, or other adopted natural resource protection plan.
9) Habitat for protected species.
10) Land under conservation easement.
(11) Land within a hillside area, as that term is defined in
section 93.13.00.
b. The purpose of subpart (E)(3)(a) above is merely to
summarize the requirements of Government Code section
Item 2B - 23
65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).)
4. Not Historic. The lot must not be a historic property or within a historic
district that is included on the State Historic Resources Inventory, nor
may the lot be or be within a site that is designated by ordinance as
a city or county resource or as a historic property or within a historic
district.
5. No Impact on Protected Housing. The two-unit project must not
require or include the demolition or alteration of any of the following
types of housing:
a. Housing that is income-restricted for households of moderate,
low, or very low income.
b. Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been
withdrawn from rental or lease under the Ellis Act (Gov. Code
§§ 7060–7060.7) at any time in the 15 years prior to
submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three
years. The applicant and the owner of a property for which a
two-unit project is sought must provide a sworn statement as
to this fact with the application for the parcel map. The city
may conduct its own inquiries and investigation to ascertain
the veracity of the sworn statement, including but not limited
to, surveying owners of nearby properties; and the city may
require additional evidence of the applicant and owner as
necessary to determine compliance with this requirement.
6. Unit Standards.
a. Quantity.
1) No more than two dwelling units of any kind may be
built on a lot that results from an urban lot split. For
purposes of this paragraph, “unit” means any dwelling
unit, including, but not limited to, a primary dwelling
unit, a unit created under this section of this code, an
ADU, or a JADU.
2) A lot that is not created by an urban lot split may have
a two-unit project under this section, plus any ADU or
Item 2B - 24
JADU that must be allowed under state law and the
city’s ADU ordinance.
b. Unit Size.
1) The total floor area of each primary dwelling built that
is developed under this section must be
(i) less than or equal to 1,000 and
(ii) more than 500 square feet.
2) A primary dwelling that was legally established on the
lot prior to the two-unit project and that is larger than
1,000 square feet is limited to the lawful floor area at
the time of the two-unit project. The unit may not be
expanded.
3) A primary dwelling that was legally established prior to
the two-unit project and that is smaller than 1,000
square feet may be expanded to 1,000 square feet
after or as part of the two-unit project.
c. Height Restrictions.
1) On a lot that is larger than 2,000 square feet, no new
primary dwelling unit may exceed a single story or 16
feet in height, measured from grade to peak of the
structure.
2) On a lot that is smaller than 2,000 square feet, no new
primary dwelling unit may exceed two stories or 22 feet
in height, measured from grade to peak of the
structure. A second story is only permissible where
conformance to lot coverage or setback requirements
does not result in two primary units on the lot of up to
1,000 square feet each. Any portion of a new primary
dwelling that exceeds one story must be stepped back
by an additional five feet from the ground floor; no
balcony deck or other portion of the second story may
project into the stepback.
3) No rooftop deck is permitted on any new or remodeled
dwelling or structure on a lot with a two-unit project.
d. Demo Cap. The two-unit project may not involve the
Item 2B - 25
demolition of more than 25 percent of the existing exterior
walls of an existing dwelling unless the site has not been
occupied by a tenant in the last three years.
e. Lot Coverage. Lot coverage shall not exceed 45%. This lot
coverage standard is only enforced to the extent that it does
not prevent two primary dwelling units on the lot at 1,000
square feet each.
f. Setbacks.
1) Generally. All setbacks must conform to those
objective setbacks that are imposed through the
underlying zone.
2) Exceptions. Notwithstanding subpart (E)(6)(f) above:
(i) Existing Structures. No setback is required for
an existing legally established structure or for a
new structure that is constructed in the same
location and to the same dimensions as an
existing legally established structure.
(ii) 1,000 sf; four-foot side and rear. The setbacks
imposed by the underlying zone must yield to
the degree necessary to avoid physically
precluding the construction of up to two units on
the lot or either of the two units from being at
least 1,000 square feet in floor area; but in no
event may any structure be less than four feet
from a side or rear property line.
3) Front Setback Area. Notwithstanding any other part of
this code, dwellings that are constructed under this
section must be at least 25 feet from the front property
lines. The front setback area must:
(i) be kept free from all structures greater than
three feet high;
(ii) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved by a licensed landscape
architect;
(iii) allow for vehicular and fire-safety access to the
Item 2B - 26
front structure.
g. Parking. Each new primary dwelling unit must have at least
one off-street parking space per unit unless one of the
following applies:
1) The lot is located within one-half mile walking distance
of either
(i) a corridor with fixed route bus service with
service intervals no longer than 15 minutes
during peak commute hours or
(ii) a site that contains
(I) an existing rail or bus rapid transit station,
(II) the intersection of two or more major bus
routes with a frequency of service interval
of 15 minutes or less during the morning
and afternoon peak commute periods.
2) The site is located within one block of a car-share
vehicle location.
h. Architecture.
1) If there is a legal primary dwelling on the lot that was
established before the two-unit project, any new
primary dwelling unit must match the existing primary
dwelling unit in exterior materials, color, and dominant
roof pitch. The dominant roof slope is the slope shared
by the largest portion of the roof.
2) If there is no legal primary dwelling on the lot before the
two-unit project, and if two primary dwellings are
developed on the lot, the dwellings must match each
other in exterior materials, color, and dominant roof
pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
3) All exterior lighting must be limited to down-lights.
4) No window or door of a dwelling that is constructed on
the lot may have a direct line of sight to an adjoining
residential property. Fencing, landscaping, or privacy
Item 2B - 27
glass may be used to provide screening and prevent a
direct line of sight.
5) If any portion of a dwelling is less than 30 feet from a
property line that is not a public right-of-way line, then
all windows and doors in that portion must either be (for
windows) clerestory with the bottom of the glass at
least six feet above the finished floor, or (for windows
and for doors) utilize frosted or obscure glass.
i. Landscaping. Evergreen landscape screening must be
planted and maintained between each dwelling and adjacent
lots (but not rights-of-way) as follows:
1) At least one (1) 15-gallon size plant shall be provided
for every five linear feet of exterior wall. Alternatively,
at least one (1) 24” box size plant shall be provided for
every ten (10) linear feet of exterior wall.
2) 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.
3) All landscaping must be drought tolerant.
4) All landscaping must be from the city’s approved plant
list.
j. Nonconforming Conditions. A two-unit project may only be
approved if all nonconforming zoning conditions are
corrected.
k. Utilities. Each primary dwelling unit on the lot must have its
own direct utility connection to the utility service provider.
l. Building & Safety. All structures built on the lot must comply
with all current local building standards. A project under this
section is a change of use and subjects the whole of the lot,
and all structures, to the city’s current code.
7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard
severity zone must comply with each of the following fire-hazard
mitigation measures:
a. It must have direct access to a public right-of-way with a
paved street with a width of at least 40 feet. The public right-
Item 2B - 28
of-way must have at least two independent points of access
for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity
zone.
c. All enclosed structures on the site must have fire sprinklers.
d. All sides of all dwellings on the site must be within a 150-foot
hose-pull distance from either the public right-of-way or of an
onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a
water reservoir of at least 5,000 gallons per dwelling, with fire-
authority approved hookups compatible with fire-authority
standard pump and hose equipment.
8. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or
conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held
equally and undivided by all individual property owners.
9. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the
lot.
b. No Short-Term Rentals. No dwelling unit on the lot may be
rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot
split, the individual property owners of a lot with a two-unit
project must occupy one of the dwellings on the lot as the
owners’ principal residence and legal domicile.
10. Notice of Construction.
a. At least 30 business days before starting any construction of
a two-unit project, the property owner must give written notice
Item 2B - 29
to all the owners of record of each of the adjacent residential
parcels, which notice must include the following information:
1) Notice that construction has been authorized,
2) The anticipated start and end dates for construction,
3) The hours of construction,
4) Contact information for the project manager (for
construction-related complaints), and
5) 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
project under this section. This notice requirement is purely
to promote neighborhood awareness and expectation.
11. Deed Restriction. The owner must record a deed restriction,
acceptable to the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property
for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot.
c. Expressly prohibits any separate conveyance of a primary
dwelling on the property, any separate fee interest, and any
common interest development within the lot.
d. If the lot is not created by an urban lot split: Expressly requires
the individual property owners to live in one of the dwelling
units on the lot as the owners’ primary residence and legal
domicile.
e. States that the property is formed by an urban lot split and is
therefore subject to the city’s urban lot split regulations,
including all applicable limits on dwelling size and
development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this section, the city may deny an
Item 2B - 30
application for a two-unit project if the building official makes a written
finding, based on a preponderance of the evidence, that the project
would have a “specific, adverse impact” on either public health and
safety or on the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific
adverse impact.
2. “Specific adverse impact” has the same meaning as in Gov. Code
§ 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the
application was deemed complete” and does not include (1)
inconsistency with the zoning ordinance or general plan land use
designation or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section 214(g).
3. The building official may consult with and be assisted by planning
staff and others as necessary in making a finding of specific, adverse
impact.
G. Remedies. If a two-unit project violates any part of this code or any other
legal requirement:
1. The buyer, grantee, or lessee of any part of the property has an
action for damages or to void the deed, sale, or contract.
2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance
the property.
b. Bring an action for other legal, equitable, or summary remedy,
such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in
county jail or state prison for up to one year, by a fine of up to
$10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies
that are allowed by law or the city’s code.
SECTION 4. If any section or provision of this Ordinance is for any reason
Item 2B - 31
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 legislation.
SECTION 5. Under California Government Code sections 65852.21,
subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city
or county implementing the provisions of Government Code sections 66411.7 and
65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt
from the requirements of the California Environmental Quality Act (“CEQA”).
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the
proposed ordinance implements these new laws enacted by SB 9.
SECTION 6. On its effective date, this Ordinance shall supersede Urgency
Ordinance No. 2057 with identical regulatory content adopted on January 13,
2022.
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 ______ DAY OF ___________________, ______.
LISA MIDDLETON
MAYOR
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2B - 32
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. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on __________ and adopted at a regular
meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 2B - 33
ATTACHMENT B
Item 2B - 34
CITY COUNCIL STAFF REPORT
DATE: JANUARY 13, 2022 LEGISLATIVE
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN
URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 9
REQUIREMENTS FOR URBAN LOT SPLITS AND TWO-UNIT
RESIDENTIAL DEVELOPMENTS, CASE 5.1548 ZTA (4/5ths VOTE
REQUIRED)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
This is a request for the City Council to approve an urgency ordinance adopting
regulations relative to urban lot splits and two-unit residential development pursuant to
the recent adoption of Senate Bill 9 (SB 9). SB 9 requires urban lot split applications and
two-unit residential applications to be approved ministerially, and applies to all cities and
counties, including charter cities. Failure to adopt local standards will result in applications
being approved subject only to the limited criteria contained in State law. The urgency
ordinance requires a four-fifths (4/5ths) vote of the City Council to pass.
RECOMMENDATION:
Waive the reading of the Ordinance text in its entirety, read by title only, and adopt
urgency Ordinance No. ____, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 9.62 OF THE
PALM SPRINGS MUNICIPAL CODE AND CHAPTER 93.00 OF THE PALM SPRINGS
ZONING CODE RELATING TO URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.” (4/5ths Vote
Required.)
BACKGROUND:
SB 9 was signed into law by Governor Newsom on September 16, 2021 and became
effective on January 1, 2022. The bill requires that City’s all urban lot splits and two-unit
housing developments within single-family residential zones to be approved
administratively by staff, without discretionary review or public hearing. The bill outlines a
number of minimum requirements, including the following:
• The proposed urban lot split cannot be located in high-hazard areas, flood zones,
fault zones, conservation areas, or similar protected areas;
Item 3A - 1Item 2B - 35
City Council Staff Report
January 13, 2022 – Page 2
Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
•The urban lot split must not involve the demolition or alteration of protected housing
(such as rent-controlled housing, affordable housing, tenant-occupied housing,
and similar housing);
•The lot must not be a historic landmark or within a designated historic district;
•The urban lot split must result in two new lots that are approximately equal in size
(60/40 split maximum);
•The urban lot split or two-unit development must result in the development of two
units that are a minimum of 800 square feet in area;
•Side and rear yard setbacks may be reduced to as little as four feet to
accommodate a minimum of two units on the resulting lots;
•Parking requirements are limited to one space per unit, and no parking spaces are
required when the site is within one-half mile of certain transit lines or stops;
•Applicants must reside in one of the housing units as their principal residence for
a minimum of three years from the date of the lot split;
•Short-term rentals are prohibited in dwellings that are developed under SB 9
requirements.
While SB 9 applies to all cities and counties, including charter cities, local agencies may
adopt objective zoning, design, and subdivision standards unless those standards would
have the effect of preventing the development of two residential units on either of the
resulting parcels or preventing the development of two units from being at least 800
square feet in floor area.
STAFF ANALYSIS:
To implement the requirements of SB 9, staff from the City Attorney’s office has drafted
an urgency ordinance that permits urban lot splits and two-unit residential development
in all single-family residential zones. The proposed ordinance will modify Chapter 9.62 of
the Palm Springs Municipal Code relative to subdivision mapping requirements and will
modify Chapter 93.00 of the Palm Springs Zoning Code to establish standards for two-
unit residential development. The proposed ordinance includes limited objective
standards relating to lot configuration and architectural design, as is permissible under
State law.
The urgency ordinance establishes that urban lot splits may be proposed for existing lots
of record as small as 2,400 square feet, with the new resulting lots no smaller than 1,200
square feet in area in accordance with State law. The term “urban lot” means an existing
lot of record within an urbanized area, which encompasses all single-family residential
zones in Palm Springs. Each lot that is created under the ordinance must have direct
street frontage; however, the frontage can be as little as 12.5 feet in width, which is the
minimum for a residential driveway. This will allow for either a side-by-side lot
configuration, or front-back configuration with the rear lot being a “flag lot.” Demolition of
an existing residence in order to create the lot split is limited to a maximum of 25%, unless
the unit has not been occupied for more than three years. Please note that the City cannot
require the dedication of right-of-way or the construction of off-site improvements (such
Item 3A - 2Item 2B - 36
City Council Staff Report
January 13, 2022 – Page 3
Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
as sidewalks or street curbing) in conjunction with the creation of new lots under SB 9, as
would typically be the case for standard subdivisions.
The proposed ordinance will apply objective development standards for two-unit
residential development as permissible under SB 9. Objective standards are defined as
standards that require no exercise of judgment, such as numeric limits relative to square
footage, height, setbacks, etc. As the intent of SB 9 is to foster the development of
affordable housing, the maximum square footage permissible for residential units created
under the ordinance is 800 square feet. The City may choose to adjust this maximum
square footage requirement at a later date based on further study and public input.
Pursuant to SB 9, minimum setbacks of four feet are established for side and rear property
lines; however, the front yard setback requirement will remain at 25 feet as is the current
standard so as to maintain a consistent appearance along street frontages. Height limits
for any lot larger than 2,000 square feet is established at one story and 16 feet. Height
limits for any lot smaller than 2,000 square feet may be up to two stories and 22 feet, but
only when reduced setbacks and increased lot coverage will not result in two units of 800
square feet each. Architectural standards require that the units developed on the resulting
split lot must be consistent in terms of materials, architectural details, and roof pitch. In
order to protect privacy of abutting homes, landscaping requirements are established to
screen the new units, and window placement will be reviewed for impacts to neighbors.
Per the requirements of SB 9, urban lot split and two-unit housing developments must be
approved by staff as an administrative process, and local agencies cannot require
discretionary review by Planning Commission or architectural review boards. Specific
application fees have yet to be established for these applications; an amendment to the
fee schedule will be brought forward to City Council once application fees and impact fees
have been determined.
Due to the relatively short period between the bill being signed into law and its effective
date, Staff was unable to prepare a standard ordinance and meet all public notice
requirements prior to January 1, 2022. Consequently, Staff has prepared an urgency
ordinance for adoption by City Council, with a regular ordinance to follow on January 27,
2022. The urgency ordinance will take effect immediately upon adoption and will remain
in place until the regular ordinance becomes effective. As there may be a need for further
adjustment to the initial objective development and architectural standards, it is intended
that Staff will work with the Planning Commission over the next several months to review
the ordinance in detail and assess any modifications that may be necessary.
ENVIRONMENTAL ASSESSMENT:
Under California Government Code sections 65852.21, subdivision (j), and 66411.7,
subdivision (n), the adoption of an ordinance by a city or county implementing the
provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot
splits and two-unit projects is statutorily exempt from the requirements of the California
Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily
Item 3A - 3Item 2B - 37
City Council Staff Report
January 13, 2022 – Page 4
Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
exempt from CEQA in that the proposed ordinance implements these new laws enacted
by SB 9.
In addition to being statutorily exempt from CEQA, the proposed ordinance is also
categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA
Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA,
among other things, the division of property in urbanized areas zoned for residential use
into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15
exemption because the ordinance regulates a single urban lot split of one parcel into two
separate lots between 60 percent and 40 percent of the original lot area in a residential
zone.
Further, 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 a second dwelling unit in a
residential zone and a duplex or similar multi-family residential structure totaling no more
than four dwelling units as examples of activity that expressly falls within this exemption.
Here, the ordinance is categorically exempt under the Class 3 exemption because the
ordinance regulates the construction of two primary dwelling units or, if there is already a
primary dwelling unit on the lot, the development of a second primary dwelling unit, in a
residential zone. 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 15300.2, apply here.
Specifically, the City Council finds that the ordinance will:
(1)Not result in a potentially significant cumulative impact as the development
allowable under this ordinance will only be established in developed areas
where environmental analysis and assessment has occurred, and the
scope of allowable development will not result in impacts that significantly
exceed that of the existing development;
(2)Not result in a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances as the
development allowable under this ordinance will only be permitted in
developed areas and poses no impacts that differ from existing
development;
(3)Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway as the development
allowable under this ordinance is not permitted in areas with scenic area
overlay protections as identified in the General Plan and Zoning Code;
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City Council Staff Report
January 13, 2022 – Page 5
Case 5.1548 ZTA, Urgency Ordinance to Implement SB 9
(4)Not be located on a hazardous waste site included on any list compiled
pursuant to § 65962.5 of the Government Code as no areas eligible for the
development allowable under this ordinance are located on a listed
hazardous waste site; or
(5)Not result in a substantial adverse change in the significance of a historical
resource as alterations to historic resources are governed by the
procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and
are subject to review and approval by the Historic Preservation Officer
and/or the Historic Site Preservation Board.
Each of the foregoing exemptions is asserted in the alternative and each is independently
sufficient to fully exempt the whole of the project.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A.Urgency Ordinance and Exhibits.
B.SB 9 Bill Text.
Item 2B - 39
ATTACHMENT C
Item 2B - 40
Item 2B - 41
Tiffani Bailey
From:
Sent:
To:
Anthony Mejia
Thursday, January 13, 2022 2:50 PM
Tiffani Bailey
Subject: Fwd: Public Comment -Item
CityOrd.pdf Attachments:
AC
Anthony Mejia
City Clerk
Begin forwarded message:
From: Steven Randel <srandelaia@mac.com>
Date: January 13, 2022 at 2:41:01 PM PST
To: City Clerk <CityClerk@palmspringsca.gov>
Subject: Public Comment -Item
·NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open
· attachments unless you are sure the content is safe .
Please contribute the attached letter regarding zoning ordinance changes for SB 9 that the City Council
will address this evening.
Thank you,
Steven Randel
l
Item 2B - 42
Palm Springs Planning Department
Steven C. Randel
Randel Architecture, Inc.
777 E Tahquitz Canyon Way, Suite 200.209
Palm Springs, CA 92262
13 January 2022
Regarding Ordinance Compliance for Senate Bill 9 for Lot Splits
As a design professional, I wish to contribute to how the Planning Department will address some of the
parameters of SB9 into the Palm Springs Ordinances.
1. Lot Square Footage -For urban lot splits, the proposed threshold is 2400 square feet. Very few
lots in the area are less than 8000 square feet. With required setbacks, any lot less than 5000
square feet would be difficult to meet setbacks depending on the zone. I suggest raising the lot to
be split to at least 5000 square feet. Make the minimum size 2500 square feet, but don't place a
60/40 split because that further complicates the equation. Just let the minimum of 2500 square
feet be the determining factor. That way, you could have a IOOOO square foot lot have a small
parcel of not less than 2500 feet, which could hold a small home.
2. There will have to be more leeway in setbacks so that buildings can comply but allow at least
five feet. Any building closer than five feet needs specific eave construction for fire codes. Six
feet is even better for a side setback.
3. Keep a one-story maximum in all cases, as most current single-family lots restrict to a single
level. This maintains neighboring privacy. Lower the height maximum to 12 feet. A 16-foot
height limit is too much for a single-level dwelling. An 8 to 9-foot ceiling is adequate in a small
dwelling, a lower height also keeps the pitch of roofs lower, so they don't block views.
4. The maximum square footage of 800 is too restrictive. That amount is only suitable for a
comfortable one-bedroom apartment. No one will build a one-bedroom dwelling. The expense
for the return is too low. Allow at least 1000 square feet and up to 1200 square feet for another
house. That amount allows two bedrooms at least and contributes to the housing supply more
practically.
5. The minimum of 500 square feet is also too little to add to the housing supply. Make it 750
square feet minimum so that the dwelling is enough to have lasting value .
6. Don't put restrictions on the square footage of existing dwellings where you would otherwise be
able to add to that house. A restriction like that further limits dwelling space, which is needed to
add to the housings supply.
7 . Do not require street frontage for secondary lots. Allow easements to serve that purpose instead,
which technically allows larger parcels.
Since the goal is to build more housing within established infrastructure in California , that housing
should be just as desirable as all other dwellings. The proposed square footage could inhibit production
since an investment must make a return. Please consider spatial practicality in your decision to update
the Palm Springs ordinances.
Thank you,
~"J-c;_-~a-/~
Steven C. Randel