Agenda packet, regular meeting — Palm Desert City Council, November 14, 2024 (part 3 of 3)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Ryan Gayler, Capital Projects Manager
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 12.04 –

ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND

MAKING A FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION:

Introduce an Ordinance entitled “AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, TO AMEND CHAPTER 12.04 – ENCROACHMENTS, OF THE PALM DESERT MUNICIPAL CODE, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS:

Section 12.04 (“Encroachment Ordinance”) of the Palm Desert Municipal Code (“PDMC”) establishes regulations for activities occurring within the public right-of-way (PROW) in the City of Palm Desert. The general purpose of the Encroachment Ordinance is to safeguard life, limb, property, and the public welfare by regulating and requiring permits for certain activities and encroachments into the PROW.

The proposed ordinance amendment will authorize the City Manager to waive encroachment permit fees for certain municipal projects or special events. Projects or events eligible for the fee waiver include those funded by the following sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds; Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing Authority/Housing Assets funds. Authorizing the City Manager to waive fees for these funding sources will reduce unnecessary fund transfers and streamline administrative processes, eliminating the need and redundancy for the City to process payments to itself.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

Public Input:

A ten-day public hearing notice for this item was posted in The Desert Sun newspaper on Friday, November 1, 2024. No comments have been submitted to City staff regarding this action.

Environment Review:

The proposed Ordinance is a Project pursuant to the requirements of the California Environmental Quality Act. The proposed Ordinance is exempt from further environmental review under CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily technical and administrative in nature. No construction is proposed, and the amendments do not constitute any project approvals.
379
City of Palm Desert
Amend Section 12.04 of the Municipal Code

Page 2 of 2 ends

FINANCIAL IMPACT:

The is no direct financial impact to the General Fund with this action.

ATTACHMENTS:

1. Draft Encroachment Ordinance

2. Attachment A to Draft Encroachment Ordinance

3. Public Hearing Notice
380
ORDINANCE NO. 2024- _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA UPDATING CHAPTER

12.04 - ENCROACHMENTS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.

THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment to Municipal Code. The City Council hereby adopts the updated section of the Palm Desert Municipal Code Chapter 12.04 - Encroachments, attached hereto as Attachment “A.”
SECTION 2. CEQA Exemption. The City Council finds and determines that the proposed ordinance amendment qualifies for exemption from the California Environmental Quality Act (CEQA) for the “common sense” exemption under Section 15061(b)(3). The ordinance introduces procedures specifically designed to safeguard environmental interests without authorizing physical changes. There is no possibility of a significant environmental impact. The ordinance primarily addresses administrative processes and regulatory guidance, without permitting construction activities, or any physical alterations. It refines regulatory compliance and oversight rather than promoting physical development. No specific encroachments are approved under this ordinance.

Thus, the ordinance is procedural in nature and it bears no potential for significant environmental impact, supporting its qualification for the CEQA “common sense” exemption.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
381
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________.

ANTHONY J. MEJIA

CITY CLERK
382
1 ATTACHMENT “A”

ENCROACHMENT ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 12.04.145 Fee Waiver is hereby added as follows:

12.04.145 Fee Waiver
The City Manager of the City of Palm Desert is hereby authorized to waive City Encroachment Permit fees for certain City-sponsored events or municipal projects. The City Manager may waive encroachment permit fees for projects funded by the following funding sources: General Fund; Gas Tax/SB1 funds; Measure A funds; Fire Tax funds; Aquatic Facility funds; Library funds; Capital Reserve Project funds; and Housing Authority/Housing Assets funds
383
384

C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12.04 – ENCROACHMENTS OF THE PALM DESERT

MUNICIPAL CODE AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
The City of Palm Desert (City), in its capacity as the Lead Agency for this project, has determined the action is exempt pursuant to CEQA Guidelines section 15061(b)(3).

PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The action to be considered is an ordinance which will amend portions of Chapter 12.04 of the Palm Desert Municipal Code regarding encroachments. The amendment provides the City Manager authorization to waive City encroachment permit fees for certain municipal projects.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing on Thursday, November 14, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.

Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and-citycouncil-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed ordinance amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter COMMENT ON THIS ACTION: Response to this notice may be made as follows:

Written comments may be submitted to the City Council by letter to the address below or email at [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record.

Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).

Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354
PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK November 1, 2024 CITY OF PALM DESERT, CALIFORNIA
385
386

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: ADDENDUM TO THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND ADOPT

THE TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE
FOR CALENDAR YEAR 2025
RECOMMENDATION:

1. Hold a noticed consolidated public hearing and receive public testimony; and

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY

OF PALM DESERT, CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT AND

ADOPTING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT.”
BACKGROUND/ANALYSIS:

The City, as a member of the Coachella Valley Association of Governments (“CVAG”), has collected a transportation uniform mitigation fee (“TUMF”) since 1989. Over that time, CVAG has adopted various nexus fee studies to determine the TUMF to be collected by the City related to development projects approved and constructed within Palm Desert. The most recent nexus fee study prepared by CVAG was the Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report (the “Study”). Each year, the CVAG Executive Committee reviews the TUMF rates to determine if an annual inflation adjustment to the existing TUMF rates (“Inflation Adjustment”) is required. CVAG has proposed an Inflation Adjustment for 2025. The TUMF revenue established by CVAG is collected by the City and distributed to CVAG for funding regional transportation projects within the Coachella Valley.

The imposition of TUMF rates, including adjustments, is governed by the Mitigation Fee Act (Government Code section 66000 et seq.) (the “Act”). Pursuant to the Act, anytime the TUMF rates are proposed to be imposed or increased the City is required to hold a noticed public hearing. Prior to adopting an increase to TUMF the City is required to adopt a nexus impact study meeting certain nexus and proportionality requirements supporting the need for the TUMF increase. Here, CVAG is proposing to impose the Inflation Adjustment. As part of the TUMF increase, CVAG is not proposing to adopt a new nexus study. However, the City is adopting an addendum to the existing Study (the “Addendum”) supporting the need for the Inflation Adjustment. Because the Act has been amended since 2018, the year the Study was prepared, 387
City of Palm Desert
CVAG 2025 TUMF Fees

Page 2 of 3 ends

the City is proposing to adopt the Addendum to comply with the current Act requirements out of an abundance of caution to ensure compliance with the Act.

On April 24, 2024, the CVAG Executive Committee approved the Inflation Adjustment to be imposed by each of its member agencies. Additionally, on March 21, 2024, the Desert Valleys Builders Association provided its letter in support of the Inflation Adjustment. The actions proposed are the steps required for the City, acting as a member agency of CVAG, to formally implement the Inflation Adjustment.

The Act requires the City to hold a noticed public hearing in order to adopt increases to the TUMF charged by the City. Additionally, the Act requires the City hold a noticed public hearing in order to adopt an impact fee nexus study, or in this case, the Addendum. The City will hold a consolidated public hearing for the adoption of both the Addendum and the Inflation Adjustment.

To adopt the Addendum, the City is required to post the Addendum and supporting documents on its website and to also make the information publicly available at least thirty (30) days prior to the date of the public hearing. Additionally, notice is required to be published in the newspaper and mailed to any interested party that has requested written notice be mailed to them in relation to the City adopting a Nexus Study.

To adopt the Inflation Adjustment, the City is required to post the 2025 TUMF Fee Schedule and supporting documents on its website and to also make the information publicly available at least fourteen (14) days prior to the date of the public hearing. Additionally, notice is required to be published in the newspaper and mailed to any interested party that has requested written notice be mailed to them in relation to the City adopting new or changes to existing fees.

The City has completed these tasks in compliance with the Act. At this time the City Council shall hold the noticed consolidated public hearing, receive public testimony, and following the public hearing may approve a resolution adopting the Addendum and Inflation Adjustment as recommended.

CVAG proposed the 2025 TUMF fee schedule to be effective January 1, 2025. However, the Act requires that fees shall not be effective sooner than 60 days following their adoption. Therefore, the 2025 TUMF fee schedule will become effective January 13, 2025.

As part of this proceeding, the City Council will authorize future annual Inflation Adjustments, authorized by the CVAG Executive Committee, to be imposed and added to the then current TUMF fee schedule, without future action of the City Council or need for future public hearings, until such time as a new impact fee nexus study and TUMF are adopted, or the authorization is revoked by the City Council.

Legal Review:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:
388
City of Palm Desert
CVAG 2025 TUMF Fees

Page 3 of 3 ends

The proposed Addendum and Inflation Adjustment ensures that the City imposes and collects a developer impact fee that appropriately mitigates the cost of completing improvements to the regional roadway system in the Coachella Valley attributable to new development projects.

TUMF is charged and collected by the City but transmitted and paid to CVAG for its administration of the regional system improvements within the Coachella Valley.

ATTACHMENTS:

1. Resolution Adopting the Addendum and Inflation Adjustment, including attachments:
a. Addendum to 2018 Study, including attachments:
i. 2018 Study;
ii. CVAG 2024 Staff Report; and
iii. CVAG 2025 TUMF Fee Schedule
b. CVAG 2025 TUMF Fee Schedule to be effective January 13, 2024 389
390
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, ADOPTING AN ADDENDUM TO THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS’ TRANSPORTATION UNIFORM
MITIGATION FEE (TUMF) 2018 FEE SCHEDULE UPDATE NEXUS REPORT

AND ADOPTING THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS EXECUTIVE COMMITTEE’S TUMF INFLATION
ADJUSTMENT AND REVISED FEE SCHEDULE FOR CALENDAR YEAR 2025 APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM DESERT.

WHEREAS, the City of Palm Desert (“City”) is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside, the Aqua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (the Cities of Desert Hot Desert, Palm Desert, Cathedral City, Rancho Mirage, Palm Springs, Indian Wells, La Quinta, Indio, and Coachella) situated in the Coachella Valley (collectively, the “Member Agencies”); and
WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG’s jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee (“TUMF”) imposed on new development within the jurisdiction; and
WHEREAS, CVAG commissioned Michael Baker International, Inc., an independent fee consultant firm, to prepare a TUMF study entitled “Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report,” dated March 2018 (the “Study”) to establish updated TUMF funds and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the Study and TUMF were adopted in compliance with the Mitigation Fee Act (Government Code, section 66000 et seq.) (the “Act”), which governs the adoption and implementation of development impact fees; and WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the Study prepared pursuant to the Act and based upon the Study, the City adopted and collects the TUMF; and
WHEREAS, subsequent to adopting the Study, the CVAG Executive Committee adopted a TUMF Handbook (the “Handbook”) on June 25, 2018, which is used by the Member Agencies in imposing the TUMF, and the Handbook is updated periodically to accurately reflect the increased rates established for the TUMF as periodically increased; and
WHEREAS, the CVAG Executive Committee annually reviews the TUMF and the need to apply inflationary increases (the “Inflation Adjustment”) based upon the annual change in the consumer price index for the Coachella Valley area known as the All Urban Consumers (“CPI-U”), All Items for Riverside-San Bernardino-Ontario, CA (the “Index”) 391
published by the Bureau of Labor Statistic and has proposed such action for the City Council of the City of Palm Desert (the “City Council”) to consider from time to time; and WHEREAS, the CVAG Executive Committee has proposed such Inflation Adjustment to the existing TUMF rates and has requested each Member Agency adopt increased TUMF rates effective January 1, 2025, which rates are included in the TUMF fee schedule (the “2025 TUMF Fee Schedule”), attached hereto as Exhibit “B” and incorporated herein by this reference; and
WHEREAS, prior to adopting the Inflation Adjustment the City Council must adopt an addendum to the Study (the “Addendum”), attached hereto as Exhibit “A” and incorporated herein by this reference, supporting such increase and taking other actions to ensure compliance with the Act, including holding a notice public hearing for adoption of such Addendum; and
WHEREAS, the proposed Addendum, the 2025 TUMF Fee Schedule, and other supporting data were posted on the City’s website and have been posted in the Office of the City Clerk of the City (the “City Clerk”) and have been available for public inspection and made available thirty (30) days prior to the date of this consolidated public hearing; and
WHEREAS, notice of a consolidated public hearing to consider the adoption of the Addendum and the 2025 TUMF Fee Schedule was published in the newspaper and mailed to all interested parties that have submitted written requests for such written notice, as applicable, in compliance with the Act; and
WHEREAS, the City Council wishes to authorize the City the ability to pass-through all future Inflation Adjustments as part of the CVAG TUMF program by holding a noticed consolidated public hearing seeking such authority; and WHEREAS, the City Council wishes to accurately collect TUMF along with the other Member Agencies within the Coachella Valley area as requested by the CVAG General Assembly; and
WHEREAS, the proposed Inflation Adjustment and 2025 TUMF Fee Schedule modifies a development impact fee that is subject to the Act, and the City in considering such an increase to the TUMF, must adhere to the notice and public hearing provisions of the Act; and
WHEREAS, on November 14, 2024, the City Council held a noticed consolidated public hearing at which it heard and considered any and all verbal and/or written testimony from the public, reviewed and considered the information for the Addendum, the Inflation Adjustment, and 2025 TUMF Fee Schedule and supporting data, and information provided at the public hearing by staff, and has now determined to adopt the Addendum and the 2025 TUMF Fee Schedule.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows:

SECTION 1. The forgoing recitals are true and correct and are incorporated herein 392
by this reference as the factual basis for this Resolution.

SECTION 2. The City Council has been presented with and has reviewed the information related to the Addendum and the Study, including all supporting data and after being so informed hereby adopts the Addendum and supporting data.

SECTION 3. The City Council makes the following findings related to the Inflation Adjustment and 2025 TUMF Fee Schedule:
a) The purpose of the TUMF is to pay for the costs of regional transportationrelated capital facilities and infrastructure that are required to serve new development;
b) The TUMF will be used to finance regional transportation improvements, including roadway, intersection, interchange, traffic signal improvements, and other Regional System projects. The specific public facilities are further described in the Study, on file in the Office of the City Clerk and such Study is incorporated herein by this reference. TUMF revenue will not be used for any other purpose than what is defined here; c) New developments in the CVAG region will increase demands from and travel upon, the Regional System. TUMF revenue will be used to fund the additional transportation system capacity necessary to accommodate new development;
d) Each new development project will add to the incremental need for transportation capacity and improvements. The transportation facilities identified in the Study are necessary to support the future transportation needs of the Regional System; and
e) The TUMF is tied to the fair share cost allocations to new development based upon, among other things, traffic studies used to create the Study.

The TUMF is generated based upon the rough proportionality to the number of trips generated by new development and assigns the TUMF based upon this basis by land use classification.

SECTION 4. The City Council further finds that the Inflation Adjustment is a necessary component of the ongoing TUMF fees to ensure the revenue collected keeps pace with the costs of constructing the projects defined in the Study. Keeping pace with inflation ensures projects can be timely completed as needed to accommodate new development. Timely completion of projects ensures those who have paid the TUMF receive the benefit of their contributions towards the program while at the same time mitigates the expected impacts to the existing community. Without the Inflationary Adjustments many projects would become delayed, underfunded, and potentially not able to be completed at all due to insufficient funds available to complete such projects.

SECTION 5. The City Council hereby adopts the Inflation Adjustment and the 2025 TUMF Fee Schedule and such fees shall be effective as of January 13, 2025 and shall apply to all development projects taking place within the City’s boundaries unless otherwise exempt.

SECTION 6. As part of this Mitigation Fee Act proceeding, the City Council further authorizes future annual Inflation Adjustments, authorized by the CVAG Executive 393
Committee, to be imposed and added to the then current TUMF fee schedule, without future action of the City Council or need for future public hearings, until such time as a new impact fee nexus study and TUMF are adopted, or this authorization is revoked by the City Council.

SECTION 7. The Director of Finance is hereby authorized and directed to incorporate the 2025 TUMF Fee Schedule, effective January 13, 2025, into the City’s development fees collected on new development projects and to take all action necessary to effectuate the purpose of this Resolution.

SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. This Resolution shall become effective sixty (60) days following its adoption.

ADOPTED ON this 14th day of November, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
394

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM DESERT )
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024- is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on the 14th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this 14th day of November, 2024.

ANTHONY J. MEJIA

CITY CLERK
395
EXHIBIT “A”

ADDENDUM TO THE
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE

UPDATE NEXUS REPORT
ADOPTED BY CVAG IN MARCH 2018
396
EXHIBIT “B”
2025 TUMF FEE SCHEDULE
TO BE EFFECTIVE JANUARY 13, 2025
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
May 1, 2024

REVISED FEE SCHEDULE FOR THE TRANSPORTATION UNIFORM MITIGATION FEE EFFECTIVE JAUARY 1, 2025
The Transportation Uniform Mitigation Fee (TUMF) is a development impact fee designed to offset the effects of population growth on transportation infrastructure within the Coachella Valley. It is charged on any construction that will result in an increase in vehicular trips.

The TUMF is collected by the permitting jurisdiction in accordance with an adopted local ordinance, which further allows for an annual adjustment for inflation based on the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area. This inflation factor has been applied to the current fee schedule and results in the revised rates that will be assessed on new development starting January 1, 2025.

TUMF Category
Assessment
Unit
Rate as of
January 1, 2025
Single family detached Dwelling unit $2,840
Multi-family attached Dwelling unit $1,635
Nursing/congregate care Dwelling unit $605
Retail 1,000 sq. ft. $7,385
Office 1,000 sq. ft. $2,935
Industrial 1,000 sq. ft. $1,490
Fuel - gas Dispensing unit $10,585
Fuel - electric Dispensing unit $110
Hotel Room $4,315
Golf course Acre $1,130
For any question regarding the application of TUMF, please contact the Coachella Valley Association of Governments at (760) 346-1127 or by emailing [email protected]. 451
452

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: November 14, 2024
PREPARED BY: Carlos Flores, AICP, Principal Planner
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTION 25.34.030

ACCESSORY DWELLING UNITS OF THE PALM DESERT MUNICIPAL

AND MAKING A FINDING OF EXEMPTION UNDER CEQA
RECOMMENDATION:

Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.34.030 RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING A FINDING OF EXEMPTION UNDER CEQA”
BACKGROUND/ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law several bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law two new bills, AB 2533 and SB 1211, that further amended state ADU law as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
453
City of Palm Desert
Accessory Dwelling Units Ordinance Amendment

Page 2 of 3 ends

SB 1211 amends this to also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)
Multifamily ADUs
Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4)(iii).)
Streamlining/Clean Up
City staff is also recommending revisions to the Zoning Ordinance section to streamline the process for staff and applicants to construct ADUs and clean up code references. Streamlining changes include the removal of a deed restriction requirement for ADUs (State law only requires this for JADUs) and removal of a separate ADU permit. Clean up items include correcting references to the PDMC and Government Code and clearer definitions.

Summary
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance aligns with the amendments made to AB 2533 and SB 1211. Therefore, staff is recommending the Planning Commission adopt Resolution No. 2885 (Attachment 1), recommending the City Council adopt the proposed amended ordinance. Adoption of the ordinance may require changes to other sections of the PDMC at a future date to ensure consistency.

Public Input:

Public noticing was provided for the November 14, 2024, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, November 1, 2024, in The Desert Sun newspaper.
454
City of Palm Desert
Accessory Dwelling Units Ordinance Amendment

Page 3 of 3 ends

Environmental Review:

Under California Public Resources Code (PRC) section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Appointed Body Recommendation:

On October 29, 2024, the City of Palm Desert’s Planning Commission adopted Planning Commission Resolution No. 2885 to recommend City Council approval of ZOA2024-0003 as presented.

LEGAL REVIEW:

This report has been reviewed by the City Attorney’s Office.

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

1. Draft City Council Ordinance
a. Draft Exhibit A – Zoning Ordinance Amendment

2. Public Hearing Notice
455
456
- 1 -
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT AMENDING SECTION 25.34.030 OF THE

CITY OF PALM DESERT MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA
CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on October 29, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission adopted Planning Commission Resolution No. 2885 to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on November 14, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. 457
- 2 -
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

SECTION 4. Code Amendment. Section 25.34.030 of the Palm Desert Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 73-510 Fred Waring Drive, Palm Desert, CA.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. 458
- 3 -
ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________.

ANTHONY J. MEJIA

CITY CLERK
459
460
93939.00051\32452781.44
1 EXHIBIT A - ZONING ORDINANCE AMENDMENT
Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.34.030 is hereby amended as follows:

Section 25.34.030 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
461
93939.00051\32452781.44
2 3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection (C)(4) above.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10.“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 462
93939.00051\32452781.44
3 11.“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.

12.“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-Permit. An ADU or JADU must comply with each of the general requirements in subsection (E) below and is allowed with a building-permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection (D)(1)(a) and 1 JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the singlefamily dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code sections 66333 through 66339.
b. Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above, if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least 4 feet. ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU 463
93939.00051\32452781.44
4 complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot: No more than 2 detached ADUs on a lot with a proposed multifamily dwelling, or up to 8 detached ADUs on a lot with an existing multifamily dwelling, subject to the following:
i. The side- and rear-yard setbacks are at least 4 feet. If the existing multifamily dwelling has a rear or side yard setback of less than 4 feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection (E)(2) below.
iii. If the lot has existing multifamily dwelling units, the quantity of detached ADUs does not exceed the number of primary
dwelling units on the lot.

2. Process and Timing.
a. A building-permit for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing; provided, however, this section does not preclude or modify any requirement for discretionary review or a hearing under another provision of the Municipal Code consistent with the requirements of state law. b. The City may charge a fee to reimburse it for costs incurred in processing building permits, including the costs of adopting or amending the City’s ADU ordinance. The building permit processing fee is determined by the Director of Development Services and approved by the City Council by resolution.
c. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the 464
93939.00051\32452781.44
5 permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(2)(c) above.
e. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (D):

1. Zoning.
a. An ADU subject to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone. b. In accordance with Government Code section 66333(a), a JADU may only be created within the following zoning designations: R-1, R-E, R2, R-3, and PR. A JADU is prohibited in all other zoning designations, including R-1M and HPR.

2. Height.
a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to 2 additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
465
93939.00051\32452781.44
6 c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than 1 story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed 2 stories.
e. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. ADUs created under this section on or after January 1, 2020, are not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this 466
93939.00051\32452781.44
7 subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Development Services.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code section 66341, the JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated.

Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director of Development Services or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Certificate of Occupancy. A certificate of occupancy may not be issued for an ADU or JADU until a certificate of occupancy has been issued for the primary dwelling.

10.Building & Safety.
a. Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements.
467
93939.00051\32452781.44
8 b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply to all ADUs and JADUs permitted under subsection (D) above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection (F) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with 2 or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection (F), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection (F) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (F)(1)(c) above.

3. Setbacks.
a. ADUs must conform to 4-foot side and rear setbacks. ADUs must conform to 25-foot front yard setbacks, unless a lesser setback is allowed by the underlying zoning designation, specific plan, planned development standard and/or overlay district that applies to the primary dwelling, subject to subsection (F)(1)(c) above. b. No setback is required for an ADU if the ADU is constructed in the same location and to the same dimensions as an existing structure. 468
93939.00051\32452781.44
9 c. An ADU that is subject to this subsection (F) must be at least 5 feet from any other existing and/or proposed dwelling and/or accessory structure.

4. Lot Coverage. No ADU subject to this subsection (F) may cause the total lot coverage of the lot to exceed 75 percent, subject to subsection (F)(1)(c).

5. Minimum Open Space. No ADU subject to this subsection (F) may cause the total percentage of open space of the lot to fall below 25 percent, subject to subsection (F)(1)(c) above.

6. Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above.
b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) above. ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(1)(a) above. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (F)(7)(b)(i) through (v) above.
c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
469
93939.00051\32452781.44
10 8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All roof and ground-mounted equipment must be fully screened from the adjacent public right-of-way and adjacent properties. Masonry walls, landscaping, or architectural features may be used to provide screening and prevent a direct line of sight.
d. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
e. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
f. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet. g. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. h. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

10.Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E.2.d) of this section.

G. Fees. The following requirements apply to all ADUs that are approved under subsection (D).

1. Impact Fees.
470
93939.00051\32452781.44
11 a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code
section 66000(b)) and a fee under the Quimby Act (Government Code section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection (G)(2)(a), converted ADUs on a single-family lot that are created under subsection (D)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in subsection (G)(2)(a), all ADUs that are not covered by subsection (G)(2)(b) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the City. All utilities that are not provided by the City are subject to the connection and fee requirements of the utility provider. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. 471
93939.00051\32452781.44
12 2. Unpermitted ADUs and JADUs constructed before 2020. a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with the state ADU or JADU law or this ADU ordinance (section 25.34.030).
b. Exceptions:
i. Notwithstanding subsection (H)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection (H)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

I. Nonconforming ADUs and discretionary approval.
(1) Any proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections (A) through (H) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.
(2) A proposed ADU or JADU that does not qualify for ministerial approval under the objective standards set forth in subsections (A) through (H) of this section and that is on real property that is listed in the California Register of Historic Resources or is a Landmark, as defined by Chapter

29.20 of the Palm Desert Municipal Code is also subject to the following requirements:
a. All additions and modifications that affect the exterior of the primary dwelling require a Certificate of Appropriateness in accordance with Title 29 of the Palm Desert Municipal Code.
b. All additions and exterior modifications must preserve the architectural character, and retain any distinctive stylistic features of the existing research and be subject to design standards identified under Section

29.60.080 of the Palm Desert Municipal Code.
472
93939.00051
\32452781.44
13 473
474

C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE
CASE NO. ZOA24-0003

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER FIRST READING

AND INTRODUCTION OF A ZONING ORDINANCE AMENDMENT TO AMEND SECTION

25.34.030 (ACCESSORY DWELING UNITS) OF THE PALM DESERT MUNICIPAL CODE AND

FINDING THE PROJECT IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW IN

ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to State CEQA Guidelines Section §15061(b)(3).

PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Section

25.34.030 Accessory Dwelling Units to be consistent with updated State law and update streamlined processes for Accessory Dwelling Units.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert adopted Resolution No. 2885 recommending approval of the ZOA.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold the Public Hearing on Thursday, November 14, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-andcity-council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed Zoning Ordinance Amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter COMMENT ON THIS APPLICATION: Response to this notice may be made as follows:

Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354
PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK NOVEMBER 1, 2024 CITY OF PALM DESERT, CALIFORNIA
475

Palm Desert City CouncilNovember 14, 2024

Palm Desert City Council
November 14, 2024