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HomeMy WebLinkAboutOrdinance - Ord 874 - 12/13/2023 ORDINANCE NO. 874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA, AMENDING CHAPTER 9.114 OF TITLE 9 OF THE CATHEDRAL CITY MUNICIPAL CODE AND FINDING THAT THE ORDINANCE IS EXEMPT FROM CEQA REVIEW PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINE 15061(b)(3) WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City's Municipal Code ("Planning and Zoning Code") provides for the organized, predictable, and efficient development of land within the City; and WHEREAS, the Planning and Zoning Code establishes land use districts throughout the City and regulates the development of land in each district, including construction of accessory dwelling units; and WHEREAS, California state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADU") and junior accessory dwelling units ("JADU"); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that has amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs; and WHEREAS, Senate Bill 897 (SB 897) and Assembly Bill (AB 2221) were signed by the Governor on September 28, 2022, and became effective January 1, 2023 imposing additional regulations for ADUs and JADUs; and WHEREAS, Senate Bill 976 (SB 976) was signed by the Governor on October 11, 2023 becoming effective January 1, 2024 prohibiting a local agency from imposing an owner-occupancy requirement to any ADU; and WHEREAS, the City Council desires to amend Chapter 9.114 of the Cathedral City Municipal Code to ensure consistency with state law. THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS: SECTION 1. AMENDMENT OF CHAPTER 9.114 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE Chapter 9.114 of the City of Cathedral City Municipal Code is amended in its entirety to read as shown on Exhibit "A" attached hereto. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council finds that: (a) Pursuant to California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of the proposed zoning ordinance by a city implementing the provisions of Government Code section 65852.2. (b) Pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations, the "common sense exemption" of CEQA Guidelines which states that a "project is exempt from CEQA if: [t]he activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 3. SEVERABILITY If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. POSTING The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. SECTION 5. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the day of December _, 2023, by the following vote. AYES: Councilmember Lamb, Guiterrez, Gregory; Mayor Pro Tem Ross and Mayor Carnevale NOES: None None ABSTAIN: ABSENT: None L - ark rneva , ayor ATTEST: e Tracey rmosillo, City Clerk APPROVED AS FORM: Eric S. Vail, City Attorney EXHIBIT A Chapter 9.114 ACCESSORY DWELLING UNITS 9.114.020 Definitions. "Accessory dwelling unit" or"ADU" means an attached or detached residential dwelling unit that is no less than one hundred fifty square feet, provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the one- family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and 2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. "Attached accessory dwelling unit" means a unit that is or will be attached to or located within the existing or proposed single family dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages. "Cooking appliance" means any appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle. "Cooking," "cooking facility" or"cooking facilities" means an area containing at minimum a refrigeration appliance, a kitchen sink, and cooking appliance each having a clear working space of not less than thirty inches. "Detached accessory dwelling unit" means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. "Junior accessory dwelling unit" or "JADU" means an ADU that is no less than one hundred fifty square feet and no more than five hundred square feet in size and contained entirely within a one-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and includes an efficiency kitchen. "Living area" means the interior habitable area of a dwelling unit, includirg basements and attics, but does not include a garage or any accessory structure "Owner" means the property owner on the latest equalized property tax assessment roll. "Primary dwelling" or "primary residence" means an existing one-family dwelling, the larger of two proposed dwellings, or a multiple-family structure. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Sanitation" or"sanitation facilities" means a toilet, sink and bathtub or shower. "Sleeping" means an area dedicated to sleeping that meets the building code requirements for habitability. "Tandem parking" means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 9.114.030 Administration. A. Accessory dwelling units shall be permitted through issuance of a building permit. No ADU shall be constructed without first applying for and obtaining a building permit from the city. Applications for an accessory dwelling unit building permit shall be accompanied by the appropriate fee established by resolution of the city council. B. A building permit application for an accessory dwelling unit shall be acted upon by the building official ministerially without discretionary review or a public hearing. The building permit application shall be acted upon within sixty days from receipt of a completed application if there is an existing single-family or multiple-family dwelling on the lot. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. If the building permit for an ADU is submitted in conjunction with a permit application to create a new single-family dwelling on the lot, the building permit shall be acted upon concurrently with the permit application to create the new single-family dwelling. C. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. D. The city shall not require the correction of any nonconforming zoning condition as a condition of approval for an accessory dwelling unit. For the purposes of this provision, a nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards. E. Building permits issued in compliance with this section shall expire and become null and void twelve months after building permit issuance unless construction work authorized by the permit has commenced or an extension of the permit has been granted through the building department pursuant to Health and Safety Code Section 18938.6. F. The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. 9.114.040 Approval. A. The city shall approve an application for a building permit for an accessory dwelling unit that meets the objective standards set forth in this chapter in any zoning district where one-family or multiple-family residential uses are permitted by right or with a conditional use permit. B. An accessory dwelling unit that does not conform to the objective standards set forth in this chapter may be allowed by the city with a conditional use permit in accordance with the other provisions of this title. C. If the City denies an application for an accessory dwelling unit permit, the City shall provide a full set of comments to the applicant with a list of deficiencies and description of how they can be remedied within the time frames below for approval or denial of the application. 9.114.050 Development standards. A. General Provisions. The following provisions apply to all accessory dwelling units: 1. Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for one-family or multiple-family residential uses either by right or with a conditional use permit, and includes a proposed or existing primary dwelling. Accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density. 2. Building Codes. The accessory dwelling unit shall comply with state building standards for dwellings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 3. Architectural Review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material. 4. Building Height. Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows: a. A detached accessory dwelling unit may be up to 16 feet high if the primary dwelling is less than 16 feet high. b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to 18 feet high. c. A detached accessory dwelling unit on a lot within 'A mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Pubic Resources Code Section 2115, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. d. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. 5. Setbacks. All accessory dwelling units shall comply with the following setbacks: a. Front. The minimum front setback shall be as established in the underlying zoning district. b. Side. A minimum setback of four feet. c. Rear. A minimum setback of four feet. d. A detached ADU must be five feet away from the main residence and five feet from other structures on the property, except when this distance precludes an ADU pursuant to California Government Code Section 65852.2(c). e. No setbacks shall be required for an existing, legally permitted living area or accessory structure that is converted to an accessory dwelling unit except as required by the building code for fire and safety purposes. 6. Location. Accessory dwelling units shall be located to the rear or side of any primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is 800 square feet in size to the rear or side of the primary dwelling with a four-foot setback from the rear and side yard property lines. 7. Lot Coverage. All new accessory dwelling units shall conform to the lot coverage requirements of the underlying zoning district in which the accessory dwelling unit is located, except where the application of the lot coverage requirements would not permit construction of an eight hundred square foot accessory dwelling unit that is compliant with height requirements with a minimum of four-foot side and rear yard setbacks from the property lines. 8. Landscape. For an accessory dwelling unit involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water efficiency. 9. Conversion and Expansion. For accessory dwelling units that will be created within the existing or proposed space of primary dwelling or existing, legally permitted accessory structure, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to one hundred fifty square feet may be included solely for the purpose of accommodating ingress and egress. 10. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling. 11. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 12. Number of Units. The following number of accessory dwelling units shall be allowed as follows, provided that each unit complies with state building standards for dwellings: a. Single-Family Lot. A maximum of three units, including the primary dwelling, shall be allowed. i. One JADU. ii. One ADU. b. Multiple-Family Lot. i. The total number of accessory dwelling units that are within the portions of an existing multiple-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages shall not exceed twenty-five percent of the existing multiple family dwelling units, provided that at least one such ADU shall be permitted. ii. Two detached accessory dwelling units shall be approved that are located on a lot that has an existing or proposed multiple-family dwelling, provided that the units are no higher than sixteen feet or eighteen feet, as may be applicable, arid meet a four-foot rear and side yard setback. iii. JADUs are not permitted. 13. Unit Size. The maximum total floor area of any new accessory dwelling unit shall not exceed the following: a. New Detached. Eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet fora unit with more than one bedroom. No mo-e than two bedrooms are allowed. b. New Attached. Eight hundred fifty square feet fora studio or one-bedroom unit and one thousand square feet for a unit with more than one bedroom, or fifty percent of the existing primary dwelling, whichever is less. No more than two bedrooms are allowed. c. Conversion. The conversion of an existing, legally permitted accessory structure is not subject to maximum unit size requirements. The conversion of a portion of the existing primary residence may not exceed fifty percent of the floor area of the primary dwelling or one thousand square feet, whichever is less. 14. Parking. a. One new parking space per accessory dwelling unit shall be required, except as provided in subparagraph (c) below. Off-street parking shall be permitted in setback areas or through tandem parking in designated parking areas, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. c. No additional parking shall be required for any accessory dwelling unit in the following instances: i. The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance. ii. The unit is located within an architecturally and historically significant historic district. iii. The unit is part of the proposed or existing primary residence or an accessory structure. iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car share vehicle located within one block of the accessory dwelling unit. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this section. 15. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pursuant to Chapter 8.50. If there is no "available public sewer system" as defined in Chapter 8.50, and a priva.e sewage system will be used, it must be appropriately sized in compliance with the building code. 16. Ownership and Occupancy. An accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26. An accessory dwelling unit shall not be utilized as a short-term vacation rental as defined in Chapter 5.96 of this code. 17. Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling. 9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards. A. All junior accessory dwelling units must comply with the standards in this section. For JADUs that are subject to the development standards in Section 9.114.050, to the extent that there is any conflict between those standards and the standards in this section, the standards in this section shall take precedence. 1. One junior accessory dwelling unit may be permitted per lot zoned for one- family dwellings with a one-family dwelling already built, or proposed to be built, on the lot. 2. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing one-family dwelling, and is not permitted within an accessory structure. 3. A junior accessory dwelling unit shall have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling. 4. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities, a food preparation counter, and storage cabinets. 5. A deed restriction that runs with the land shall be recorded and a copy filed with the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than five hundred square feet. 6. Additional off-street parking is not required for a junior accessory dwelling unit.