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.