HomeMy WebLinkAbout2068ORDINANCE NO. 2068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION
9.62.055 OF THE PALM SPRINGS MUNICIPAL CODE AND
SECTION 93.23.21 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 revised
development standards for urban lot splits and two -unit
developments in single-family residential zones in accordance
with Senate Bill 9. The revised standards are intended to
better assist in the development of affordable and workforce
housing units.
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. The City desires to amend its local regulatory scheme to encourage urban
lot splits and two -unit projects by removing barriers to such development in accordance
with Government Code Sections 66411.7 and 65852.21; and
E. Pursuant to the Charter of the City of Palm Springs and Section 94.07.01 of
the Palm Springs Zoning Code (PSZC), the City Council is authorized to initiate
proceedings and recommend amendments to the Municipal Code and Zoning Code; and
F. On September 28, 2022, the Planning Commission conducted a duly
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noticed public hearing to consider Case No. 5.1548 ZTA, an ordinance amending the
Zoning Code to revise certain development standards related to urban lot splits and two -
unit projects, and by a 5 to 0 vote, approved Resolution #6926 recommending approval
of a Zoning Text Amendment to the City Council; and
G. Notice of a public hearing of the City Council of the City of Palm Springs to
consider amendments to the Municipal Code was given in accordance with applicable
law; and
H. On October 17, 2022, a duly noticed public hearing on the proposed
Municipal Code Amendment was held by the City Council in accordance with applicable
law where, by a 5 to 0 vote, the City Council adopted the Municipal Code amendment;
and
I. Under California Government Code sections 65852.21, subdivision 0), 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
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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 finds that approval of the proposed Zoning Text
Amendment would:
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.
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.
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THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected abo a 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. That Section 9.62.055 of the Palm Springs Municipal Code shall be
amended 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.
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.
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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.
(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.
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(v) Withhold any or all future permits and approvals.
(c) Notwithstanding section 66411.1 of the SMA, no dedication of right-
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:
(i) been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and
issued to the local jurisdiction, or
meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
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(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 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.
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(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.
(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. Each resulting lot must have either:
(a) Frontage on a public right-of-way of at least 12.5 feet; or
(b) An easement to a public right-of-way that is at least 12.5 feet in width.
10. Unit Standards.
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(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 the first primary dwelling that is
developed on a resulting lot must conform to the following:
(i) less than or equal to 1,500 square feet and
(ii) more than 400 square feet.
(2) The total floor area of the second primary dwelling that is
developed on a resulting lot must conform to the following:
(i) less than or equal to 1,000 square feet and
(ii) more than 400 square feet.
3) If there is a primary dwelling on a resulting lot that was legally
established before the urban lot split, the existing dwelling
may be expanded in accordance with the lot coverage,
setback, and other standards of this title to the extent that the
expansion still leaves at least 1,000 square feet of
developable area on the lot. If there is less than 1,000 square
feet of developable area left on the lot, the existing dwelling
may not be expanded.
(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.
(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 allow for 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
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floor; no balcony deck or other portion of the second story may
project into the setback.
(3) No rooftop deck or second -floor balcony 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 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:
(1) be kept free from all structures greater than
three feet high;
(11) be at least 50 percent landscaped with drought -
tolerant plants, with vegetation and irrigation
plans prepared by a licensed landscape
architect or qualified professional as that term is
defined in PSMC Chapter 8.60;
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(III) allow for vehicular and fire -safety access to the
front structure.
(iv) Front Setback— Exception. If the adjacent lots abutting
the side lot lines of the subject lot contain primary
dwellings that have front setbacks with a depth of less
than 25 feet, the minimum front setback may be
reduced up to a line parallel to the average of the front
setback of the adjacent lots.
(v) Swimming pools. Swimming pools may be permissible
in any yard area in accordance with the requirements
of Section 93.01.00. Where a swimming pool is
installed in a front yard setback area, the landscape
requirement identified in subpart (E)(10)(e)(2)(iii)(II)
above may be reduced to a minimum of 15 percent.
(f) Parking.
(1) Parking Spaces Required. 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:
(i)- The lot is located within one-half mile walking distance
of either
(1) 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 an existing rail or bus rapid
transit station, or 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.
(ii) The site is located within one block of a car -share
vehicle location.
(2) Tandem Parking. Tandem parking within a garage, carport,
or on a surface parking area are permissible for any lot
developed as part of an urban lot split.
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(g) Driveways.
(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an
urban lot split.
(2) Maximum Driveway Width. Driveway width is limited to a
maximum of 18 feet, measured from outside edge to outside
edge.
(3) Distance from Street Intersection. Each new driveway must
be at least thirty feet from the intersecting corner property
lines at the street intersection.
(4) Parking Bays. Parking bays that take direct access from a
public right-of-way shall are prohibited.
(h) 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 that is visible from a public right-of-way 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 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 an attached garage is visible from a public right-of-way, the
total width of all garage doors on the dwelling must be less
than 50 percent of the total width of the dwelling's fagade
facing the public right-of-way.
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(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) 5-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. A minimum of two (2) 24" box size
drought tolerant trees shall be planted on each lot created
under this ordinance.
(2) Plant specimens utilized to provide screening as required in
subpart (E)(10)(h)(4) above 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.
Q) Nonconforming Conditions. An urban lot split may be approved
without requiring a legal nonconforming zoning condition to be
corrected.
(k) Utilities. Each primary dwelling unit on the resulting lots must have
its own direct utility connection to the utility service provider.
(1) 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. Zero -Lot Line Development.
(a) Zero -lot line development may be permitted as part of an urban lot
split. The zero -lot line condition shall only be permitted on the
common property line between the resulting lots that are created as
part of an urban lot split; structures shall not be allowed at a side or
rear yard property line that is shared with existing abutting lots.
(b) Where a zero -lot line condition is employed along a common side or
rear property line on the resulting lots that are created as part of an
urban lot split, the opposite side yard or rear yard shall be increased
by the corresponding setback reduction. The aggregate setbacks
shall be as follows:
(1) The aggregate side yard setback shall be the minimum side
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yard setback of the underlying zone district or 8 feet,
whichever is greater.
Physically preclude 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 area.
12. 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 inspection. Failure to pay is grounds for denying the application.
13. Separate Conveyance.
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(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.
14. 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.
15. 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:
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(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.
16. 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.
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 §
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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. (Ord.
2058 § 2, 2022; Ord. 2057 § 3, 2022)
SECTION 3. That Section 93.23.21 of the Palm Springs Zoning Code shall be
amended 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
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.
Ordinance No. 2068
Page 18
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.
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.
Lot Location.
The lot is not located on a site that is any of the following:
1) Prime farmland, farmland of
that is zoned or designated
preservation by the voters.
2) A wetland.
statewide importance, or land
for agricultural protection or
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.
Ordinance No. 2068
Page 19
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 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.
Ordinance No. 2068
Page 20
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 JADU that
must be allowed under state law and the city's ADU
ordinance.
b. Unit Size.
1) The total floor area of the first primary dwelling that is
developed on a resulting lot must conform to the following:
(i) less than or equal to 1,500 square feet and
(ii) more than 400 square feet.
2) The total floor area of the second primary dwelling that is
developed on a resulting lot must conform to the following:
Ordinance No. 2068
Page 21
(i) less than or equal to 1,000 square feet and
(ii) more than 400 square feet.
3) If there is a primary dwelling on a resulting lot that was legally o
established before the urban lot split, the existing dwelling
may be expanded in accordance with the lot coverage,
setback, and other standards of this title to the extent that the
expansion still leaves at least 1,000 square feet of
developable area on the lot. If there is less than 1,000 square
feet of developable area left on the lot, the existing dwelling
may not be expanded.
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 allow for 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 step back.
3) No rooftop deck or second -floor balcony 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 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.
Ordinance No. 2068
Page 22
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 prepared by
a licensed landscape architect or qualified professional
as that term is defined in PSMC Chapter 8.60;
(iii) allow for vehicular and fire -safety access to all
structures on the lot.
4) Front Setback — Exception. If the adjacent lots abutting the
side lot lines of the subject lot contain primary dwellings that
have front setbacks with a depth of less than 25 feet, the
minimum front setback may be reduced up to a line parallel to
the average of the front setback of the adjacent lots.
5) Swimming pools. Swimming pools may be permissible in any
yard area in accordance with the requirements of Section
93.01.00. Where a swimming pool is installed in a front yard
setback area, the landscape requirement identified in subpart
Ordinance No. 2068
Page 23
(E)(6)(f)(3)(ii) above may be reduced to a minimum of 15
percent.
g. Parking.
1) Parking Spaces Required. Each new primary dwelling unit
must have at least one off-street parking space per unit unless
one of the following applies:
(i) The lot is located within one-half mile walking distance
of either
(1) 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 an existing rail or bus rapid
transit station, or 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.
(ii) The site is located within one block of a car -share
vehicle location.
2) Tandem Parking. Tandem parking within a garage, carport,
or on a surface parking area are permissible for any lot
developed as part of an urban lot split.
h. Driveways.
(1) Maximum Number of Driveways. A maximum of one new
driveway is permitted for each lot that is created as part of an
urban lot split.
(2) Maximum Driveway Width. Driveway width is limited to a
maximum of 18 feet, measured from outside edge to outside
edge.
(3) Distance from Street Intersection. Each new driveway must
be at least thirty feet from the intersecting corner property
lines at the street intersection.
(4) Parking Bays. Parking bays that take direct access from a
public right-of-way shall are prohibited.
Ordinance No. 2068
Page 24
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 that is visible from a public right-of-way 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 glass may be used
to provide screening and prevent a direct line of sight.
5) If an attached garage is visible from a public right-of-way, the
total width of all garage doors on the dwelling must be less
than 50 percent of the total width of the dwelling's fagade
facing the public right-of-way.
j. 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) 5-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. A minimum of two (2) 24" box size
drought tolerant trees shall be planted on each lot created
under this ordinance.
2) Plant specimens utilized to provide screening as required in
subpart (E)(10)(h)(4) above 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.
Ordinance No. 2068
Page 25
4) All landscaping must be from the city's approved plant list.
k. Nonconforming Conditions. A two -unit project may only be approved
if all nonconforming zoning conditions are corrected.
I. Utilities. Each primary dwelling unit on the lot must have its own
direct utility connection to the utility service provider.
M. 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-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.
Ordinance No. 2068
Page 26
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 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.
Ordinance No. 2068
Page 27
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.
Notwithstanding anything else in this section, the city may deny an
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 hesignation or (2) the eligibility
to claim a welfare exemption under Revenue and Taxation Code section
214(9).
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
Ordinance No. 2068
Page 28
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. (Ord. 2058 § 3, 2022; Ord. 2057 § 4, 2022)
SECTION 4. 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 ach 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
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. 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.
Ordinance No. 2068
Page 29
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF OCTOBER, 2022.
A
n�
LISA MIDDLETON
MAYOR
ATTEST:
fi��
BRENDA PREE, MMC
CITY CLERK
Ordinance No. 2068
Page 30
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2068 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on October 17, 2022 and adopted at a
regular meeting of the City Council held on October 27, 2022 by the following vote:
AYES: Councilmember Woods, Mayor Pro Tem Garner, Councilmember Holstege,
Kors and Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 27'h day of October, 2022.
j---
bRNDA 15RtE, MMC
CITY CLERK