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Home My WebLink AboutORD 1352ORDINANCE NO. 1352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT TO REPLACE SECTION 25.28.030 "MEDIUM/HIGH DENSITY HOUSING OVERLAY DISTRICT" IN ITS ENTIRETY WITH A "HOUSING OVERLAY DISTRICT" CASE NO: ZOA 19-0004 WHEREAS, at its meeting of January 10, 2019, the City Council established an ad - hoc "Affordable Housing Policy Subcommittee" and directed the subcommittee to explore affordable housing policy options; and WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing Overlay District" to incentivize the development of new housing units at affordable rents; and WHEREAS, the Housing Overlay District provides optional incentives for property owners and housing developers, who restrict at least 20% of all project units at affordable rents, by providing expedited application processing, potential development impact fee waivers, density bonuses, and reduced parking standards; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of February 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted, and adopted Resolution Nos. 2772 and 2773, recommending that the City Council adopt the ZOA, and apply the overlay district to properties identified in the City's Housing Element and to Housing Authority properties; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h day of January, 2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the overlay district is consistent with the City's General Plan; and WHEREAS, at said public hearing, upon hearing and considering ail testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts the Zoning Ordinance Amendment replacing Palm Desert Municipal Code Section ORDINANCE NO. 1352 25.28.030 "Medium/High Density Housing Overlay District" with a "Housing Overlay District" as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. 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 in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of March, 2020, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE GINA NESTANDE, MAYOR ff ?h: A, I IS FT W; a zi 11111M 4 Igo]- kq I. 0?) -- V*1 - 2 C)2-fl ..r M" %No ORDINANCE NO. 1352 EXHIBIT A 25.28.030 Housing Overlay District A. Intent. The intent of overlay district is to incentivize the development of affordable housing units in the City of Palm Desert. B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to provide optional standards and incentives for the development of a wide variety of housing developments, which provide a minimum of 20% of all units dedicated as income -restricted. The overlay zone is generally applied to properties identified in the City's Housing Element and Housing Authority owned properties as shown in Figure 25.28-1. Wherever the HOD has been added to a base zone, the applicant may choose whether to use the optional HOD standards and/or the standards of the base zone. C. Uses permitted by approved precise plan and conditional use permit. Uses permitted or conditionally permitted in the R-2 and PR zoning districts may be approved through an Architectural Review application process. Housing types applicable to the HOD include, but are not limited to, single-family detached/attached, duplex units, and multi -family development, either for rent or for sale. D. Development standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of integrating income -restricted units into market -rate housing developments. Flexibility to the base zone development standards may be utilized as part of the design review of an Architectural Review application. Design guidance contained in Section 25.20 "Downtown District Design Guidelines," and within the University Neighborhood Specific Plan shall be followed. E. Affordable Housing Requirement. To be eligible for the provisions of this chapter, rental housing development within the HOD shall provide a minimum of twenty percent (20%) of all units within the project at income -restricted rents, or at least one (1) unit for smaller residential projects. All fractional units shall be rounded up to the next whole number. F. Density and intensity. Project densities are established in the Zoning Ordinance and on the Zoning Map. Any mixed -use and residential project under this Chapter is eligible for a density bonus as allowed under State law. Formulas for density bonuses are contained in Palm Desert Municipal Code Chapter 25.34.040. 1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to presence or absence of common project amenities. Each unit shall contain, as a minimum, a kitchen including two (2) burners, an oven, a refrigerator/freezer, a sink, counter space, and storage. ORDINANCE NO. 1352 G. Parking requirement. -+ 1. Parking ratios based on bedroom count shall be calculated as follows: Table 25.28-1: Parking Required for Housing Overlay Bedroom Count Parking- Ratlo ; Studio / 1 Bedroom 1.50 per unit 2 - 3 Bedrooms 2.00 per unit H. Development Impact Fees: Any mixed -use or residential project eligible under the overlay district may be subject to a fee waiver of City fees for all income -restricted units including plan check and inspection fees. The remainder of the project may be eligible for a reduction in fees if funding sources are available with the City's Affordable Housing funds. aw MM %We