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HomeMy WebLinkAboutOrdinance - Ord 876 - 03/27/2024 ORDINANCE NO. 876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA, ADDING CHAPTER 9.116 TO TITLE 9 OF THE CATHEDRAL CITY MUNICIPAL CODE IN ACCORDANCE WITH SENATE 1311_1_ 9 WHEREAS, on September 16, 2021, Governor Newsom the Governor signed into law legislation Known as Senate Bill 9, the "California H.O.M.E. Act" (SI3 9), which adds Section 65852_21 to the Government Code to require a ministerial review process for eligible development of up to two principal dwelling units on a parcel in a single-family residential zone and also adds Section 66411. 7 to require a ministerial review process for eligible "urban lot splits," to create two new parcels for residential uses in a single- family residential zone. SI3 9 became effective on January 1, 2022; and WHEREAS, absent a locally adopted SI3 9 ordinance, the City is required to process any SET 9 development proposal by applying State law as described in Government Code Sections 65852.21 and 66411.7; and WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design review standards on the construction of two residential dwellings on single-family lots, subject to certain limitations; and WHEREAS, City Council desires to amend Title 9 to implement the provisions of SET 9 with specific objective zoning, subdivision, and design review standards; and WHEREAS, pursuant to Government Code Sections 65252_21(j) and 6641 1.7(n), a local agency may adopt an ordinance to implement SET 9 and that ordinance shall not be considered a project under Division 13 (commencing with Section 21 000) of the California Public Resources Code. THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS: SECTION 1. ADDITION OF CHAPTER 9.116 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE Chapter 9.110 is added to the City of Cathedral City Municipal Code to read as shown on Exhibit "A" attached hereto. SECTION 2_ CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Adoption of this ordinance is exempt from the requirements of the CEO^ and is not considered a project under Division 13 (commencing with Section 21 000) of the California Public Resources Code pursuant to Government Code Sections 65252.21(j) and 66411.7(n). 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 27th day of March, 2024, by the following vote: Ayes: Councilmember Lamb, Gutierrez and Gregory; Mayor Pro Noes: Ross and Mayor Carnevale None Abstain: None Absent: None 21/. Gt u Mark Carnevale, Mayor ATTEST: \i l 4:AA,,kci I Le)..119Tadtaib Tracey RI Hermosillo, City Clerk APPROVED AS.TO FORM: Eric S. Vail, City Attorney I EXHIBIT "A" Chapter 9.116 TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS 9.116.020 Definitions. "Accessory dwelling unit (ADU)" and "Junior accessory dwelling unit (JADU)" shall have the meanings ascribed to these terms in chapter 9.114 of this municipal code. "Director" means the director of development services or their designee. "New primary dwelling unit" means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded but does not include an ADU or a JADU. "Single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21 . A single-family residential zone includes the residential estate (RE) or single-family residential (R-1) zoning districts and any property in a specific plan intended primarily for single-family residential use. "SB 9 two-unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this Section. A housing development contains two residential units if the development proposes no more than two (2) new units or if it proposes to add one (1 ) new unit to one (1) existing primary unit. "Urban lot split" shall mean the ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one (1) lot into two (2) lots within a single-family residential zone pursuant to California Government Code Section 66411.7. 9.116.030 Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411 .7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Section to the extent prohibited by any provision of State law. 0 9.116.040 Permit Application and Review Procedures. A. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. B. Review. Consistent with State law, the Director will consider and approve or disapprove a complete application for a SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing. C. Nonconforming Conditions. A SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions pursuant to Chapter 9.66 of this municipal code are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. D. Effectiveness of Approval. The ministerial approval of a SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the City has confirmed that all required documents have been recorded. E. Hold Harmless. Approval of a SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter. F. Specific, Adverse Impacts. Notwithstanding anything else in this Section, the director may deny an application for a SB 9 two-unit residential development or a parcel map 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, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, 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. 9.116.050 Qualifying Requirements. A. A proposed SB 9 two-unit residential development or urban lot split shall meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the director in their reasonable discretion. 1. Except as specified below, the subject property shall be located within a single-family residential zone as defined in Section 9.116.020. 2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4. 3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance and/or the City of Cathedral City Historical Resources Survey. 4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control. 6. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years. 7. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot. 8. In the case of an urban lot split, the subject property shall be owned solely by one or more individual property owners. "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 Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15). 9. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split. 10. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. 9.116.060 Number of Dwelling Units Permitted on a Lot. A. Notwithstanding any other provisions of this Code, State law requires the City to permit a lot located within a single-family residential zone to contain two (2) primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Section. B. Provided the lot is not subdivided or created through an urban lot split, development of two (2) primary dwelling units on a lot through a SB 9 two-unit residential development in conformance with this Section does not preclude the development or maintenance of an ADU and/or JADUs on a lot to the extent permitted by Chapter 9.114 and State law. C. No more than two (2) primary dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. 9.116.070 Separate Conveyance. A. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings shall be held equally and undivided by all individual owners of the lot. B. Separate conveyance of the two (2) lots resulting from an urban lot split 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, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two (2) lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code. I C. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development. 9.116.080 Residential Use Only. A. No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development. 9.116.090 No Short Term Vacation Rentals Permitted. A. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days. 9.116.100 Housing Crisis Act Replacement Housing Obligations. A. If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300. 9.116.110 Development Standards for Urban Lot Splits A. Each of the resulting lots must be between sixty percent and forty percent of the original lot area. B. Each resulting lot shall measure at least 1,200 square feet in lot area. C. Each resulting lot must adjoin the public right of way. D. Each resulting lot must have frontage on the public street of at least twenty (20) lineal feet. E. No more than two (2) primary dwelling units may be built on each resulting lot. F. Easements for the provision of public services and facilities shall be provided, as determined by the city engineer. 9.116.110 Development Standards and Design Criteria. A. Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this Section. In addition, except as modified or provided by this Section or State law, a SB 9 two-unit residential development and any development on a I lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this Section and/or in an applicable specific plan or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by City and any applicable agencies. B. Unit Size. 1. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided: a. Studio or One (1) bedroom: 500 square feet. b. Two (2) or more bedrooms: 700 square feet. 2. A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development and that is smaller than 800 square feet may be expanded, pursuant to this chapter. C. Unit Height; Stories. 1. New Primary Dwelling Unit(s). Shall comply with the height limits set forth in the respective zoning district. 2. New garages and accessory structures, that are attached or detached, shall comply with the height limits set forth in the respective zoning district. ADU/JADU shall comply with Chapter 9.114. D. Setbacks. 1. Minimum side and rear yard setbacks for a SB 9 two-unit residential development shall be no less than four (4) feet. All other setbacks shall comply with the setback requirements of the zoning district. 2. With the exception of fences, Section 9.80.060 permitted projections, shall not apply to an SB 9 project. 3. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street. E. Detached dwelling units and associated covered parking shall be a minimum of ten (10) feet from each other unless all structures are single-story and not more than sixteen (16) feet in height, in which case the minimum separation shall be five (5) feet. F. Lot Coverage. The maximum lot coverage shall not exceed the maximum coverage of the underlying zoning district, except where such coverage would physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas. G. Landscaping. In addition to the landscape and irrigation requirements of the underlying zone district. Landscape screening must be planted and maintained between each primary dwelling and adjacent lots. H. Off Street Parking. 1. Required Parking. One (1) off-street parking space shall be provided for each new primary dwelling unit unless one (1) of the following applies: a. The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. b. The lot is located within one (1) block of a car-share vehicle location. 2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. 3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one (1) housing unit. I. Unit Design Standards. Both primary dwelling units in a SB 9 two-unit residential development shall utilize the same colors and materials, including the exterior walls, roof pitch and roofing material. J. Deed restriction. The owner must record a deed restriction, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from the two (2) unit residential project or urban lot split and does each of the following: 1. States that the property is developed as a two (2) unit project or formed as an urban lot split and is therefore subject to the City's two (2) unit residential or urban lot split regulations, including all applicable limits on dwelling size and development. 2. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days. 3. Expressly prohibits any nonresidential use of the lot. 4. Expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile. 5. In the case of an urban lot split, expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile for a minimum of three (3) years. I I I I