Cathedral City Page 1 of 4 Printed on 3/7/2024
Staff Report
City Council
Item No. 5.A
Meeting Date: March 13, 2024
From: Sandra Molina, Deputy Director of Development Services Title: Zoning Ordinance Amendment 23 -002 - Amend the Zoning Ordinance to add Chapter 9.116 Two -Unit Residential
Developments and Urban Lot Splits
City Council
RECOMMENDATION:
To introduce an ordinance adding Chapter 9.116 Two-Unit Residential Developments and Urban Lot Splits to Title 9 of the Cathedral City Municipal Code, provide first reading by title only and waive further reading.
BACKGROUND:
On September 16, 2021, Governor Newsom signed Senate Bill 9, the Housing Opportunity and More Efficiency (HOME) Act, taking effect on January 1, 2022.
SB 9 aims to increase housing supply across the State through streamlined measures that expand infill development opportunities, including making it easier to apply for a lot split or 2-unit development on a single parcel located in a single-family zone.
There are two key components to SB 9: 2-unit developments and urban lot splits.
• Two-unit developments would allow a property to have up to two primary dwelling units on a single-family lot, exclusive of an ADU or JADU.
• Urban lot splits would allow a property to split a parcel located in a single -family zone into two parcels. The resulting lots do not have to meet the minimum lot size requirements of the underling zone district. Each resulting lot can be developed with two primary dwelling units.
To be in compliance with SB 9, an amendment to the Zoning Ordinance to establish a new zoning chapter, Chapter 9.116 Two -unit Residential Developments and Urban Lot Splits is proposed.
Cathedral City Page 2 of 4 Printed on 3/7/2024
The Planning Commission discussed the proposed ordinance on December 6, 2023 and January 17, 2024. The Planning Commission conducted a public hearing on February 21, 2024 and voted to recommend City Council adoption of an ordinance establishing new Chapter 9.116 , with a minor revision to paragraph B.4 of Section
9.116.110, as shown below.
4. 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.to 800 square feet.
The text limiting the size of primary dwelling unit is a remnant of previous working discussions of the ordinance, with the Commission recommending that the size of the primary unit be dictated by the underlying development standards rather than a establishing a size limit.
Further, as staff prepared the report for the City Council hearing, staff found that the preceding paragraph, B.3, is internally inconsistent with the proposed Chapter and SB
9. Therefore, paragraph B.3 of Section 9.116.110 is proposed to be deleted in its entirety.
DISCUSSION:
The proposed ordinance would allow 2-unit developments and urban lot splits within the R1 (Single Family Residential) and RE (Residential Estate) zone districts.
Applications can only be reviewed ministerially, subject to any objective development, subdivision and design standards. There are also limitations to the demolition of existing units that are deed restricted for affordable housing, rent controlled housing or occupied by a tenant currently or in the last three years.
Two-unit developments and urban lot splits cannot be located on sites that 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. Short -term rental of the dwelling units is not permitted.
The ordinance would allow the following:
Number of dwelling units permitted.
• 2-unit developments – up to 4 dwelling units, 2 primary and ADU/JADU. • Urban lot split – up to 2 primary units only.
Unit Size
• Primary dwelling unit sizes of at least 800 square feet.
Cathedral City Page 3 of 4 Printed on 3/7/2024
(Note that the underlying lot coverage is required to be maintained and will dictate unit size.)
Setbacks
• Side and rear yard – 4 feet
• Front yard – between 20 and 30 feet
• Street side yard – 10 to 15 feet
• Between buildings – 5 feet, except for structures greater than 16 feet in height, up to 10 feet could be required
Parking
• 1 space per dwelling unit
• 0 if located near a major transit stop or within a block of a car share location • Tandem parking is not permitted
Occupancy
• The owner of an urban lot split must live in one of the units for three years. • For 2-unit housing requires the property owner to live in one of the dwellings Deed restriction
• Must identify the property is developed pursuant to SB 9 and subject to those regulations
• Expressly prohibits short-term rental occupancy
• Expressly prohibits non-residential uses
Urban lot split – development standards
• Only 2 lots can be created
• Lots must be between 60% and 40% of the original lot area • Lots must be at least 1,200 square feet in lot area
• Lots must have at least 20 feet of frontage along the public right of way
ENVIRONMENTAL REVIEW:
Adoption of this ordinance is exempt from the requirements of the CEQA and is not considered a project under Division 13 (commencing with Section 21000) of the California Public Resources Code pursuant to Government Code Sections 65252.21(j) and 66411.7(n).
FISCAL IMPACT:
Other than St aff and City Attorney costs, implementation of the ordinance will not adversely impact the City’s fiscal resources as all filing and permit fees remain in place.
Cathedral City Page 4 of 4 Printed on 3/7/2024
FIVE-YEAR STRATEGIC PLAN:
Goal F - EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well -maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.
ATTACHMENTS:
SB 9 Ordinance_2.28.2024
Senate_Bill_9_SB_9_Overview