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HomeMy WebLinkAboutORD 1354ORDINANCE NO. 1354 (03/26/2020) CONTINUED TO A DATE UNCERTAIN REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REVISING PALM DESERT MUNICIPAL CODE SECTION 25.34.030 — "ACCESSORY DWELLING UNITS," AND MODIFYING SECTION 25.10.030 — RESIDENTIAL ALLOWED LAND USES AND PERMIT REQUIREMENTS, " SECTION 25.18.040 — "DOWNTOWN LAND USE AND PERMIT REQUIREMENTS," AND SECTION 25.99.020 — "LAND USE DEFINITIONS" TO COMPLY WITH STATE LAW PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND FOR ADOPTION OF A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Ordinance No. 1354 — 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 Revise Palm Desert Municipal Code Section 25.34.030 "Accessory Dwelling Units" and Modify Section 25.10.030 "Residential Allowed Land Uses and Permit Requirements," Section 25.18.040 "Downtown Land Use and Permit Requirements," and Section 25.99.020 "Land Use Definitions" to Comply With State Legislation Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units. Case No. ZOA 20-0001. FEBRUARY 27, 2020 — Waived further reading and pass to second reading Ordinance No. 1354, approving Zoning Ordinance Amendment 20-0001 to modify Palm Desert Municipal Code Sections pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). MARCH 26, 2020 — By Minute Motion, continued the matter to a date uncertain. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2020 Councilmember Weber appreciated the City Manager's clarification on this, because to do a proper study session she would expect to see an analysis of finances, which won't be known for another 30 to 60 days. Again, she supports the City Manager's recommendation until the proper time for making more definitive decisions. Ideally, Council would like to see everything continue, but in reality if the City couldn't write a check, its idealism. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REVISING PALM DESERT MUNICIPAL CODE SECTION 25.34.030 - "ACCESSORY DWELLING UNITS," AND MODIFYING SECTION 25.10.030 - "RESIDENTIAL ALLOWED LAND USES AND PERMIT REQUIREMENTS," SECTION 25.18.040 - "DOWNTOWN LAND USE AND PERMIT REQUIREMENTS," AND SECTION 25.99.020 - "LAND USE DEFINITIONS" TO COMPLY WITH STATE LAW PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIORACCESSORY DWELLING UNITS, AND FORADOPTION OF A NOTICE OF EXEMPTION UNDERTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Ms. Aylaian stated it was unnecessary to address this item at this time, and requested a continuance to a date uncertain. She said this item was placed on the agenda, because it was legally noticed to this date. She noted the City has not received any public comment on this item. Councilman Jonathan commented he thought this was a mandate for compliance. Mr. Hargreaves explained that the legislation passed basically states that if a city does not adopt its own ordinance, it's subject to State rules. He said one of the mandates is to process applications for Accessory Dwelling Units in a particular time. However, the Governor has now waived the deadline. In summary, until Palm Desert adopts its own ordinance, it is subject to the 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 2020 State's general rules, which are not at all that different from our own. Therefore, he didn't feel there was a particular urgency. Mayor Nestande declared the public hearing open and invited public testimony FAVORING or in OPPOSITION to this matter. Councilmember Weber moved to, by Minute Motion, continue this item to a date uncertain. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). B. REQUEST TO CONDUCT FOURTH PUBLIC HEARING ON CREATION OF VOTING DISTRICTS, RECEIVE COMMUNITY INPUT ON THE DRAFT COUNCIL DISTRICT BOUNDARY MAPS; SELECT ONE OF THE PROPOSED, POPULATION -COMPLIANT MAPS OF DISTRICT BOUNDARIES; CONFIRM THE CURRENT PROPOSED ELECTION SEQUENCING IN ORDER TO IMPLEMENT DISTRICT VOTING IN TIME FOR THE GENERAL ELECTION ON NOVEMBER 3, 2020; INTRODUCE FOR FIRST READING AN ORDINANCE RELATING TO ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS AND RANKED CHOICE VOTING. Ms. Aylaian stated this item was the fourth public hearing to consider moving from At -large voting to District voting. The first two public hearings were held to facilitate discussions relative to areas and communities of interest within Palm Desert. They occurred without the aid of maps and took the form of generalized discussion. The third and fourth meetings included maps to be considered and discussed. Nineteen maps were submitted for consideration, some of which are slight variations on one another. Thirteen of the maps have been provided by members of the public, and six were provided by the City's demographer, National Demographics Corporation. DR. JUSTIN LEVITT, Representative from National Demographics Corporation (DNC) who participated via teleconference, provided a PowerPoint presentation. He briefly reviewed the factors considered when drawing districts with respect to what Supreme and Federal Courts require to be taken into consideration, including: equal population distribution; race; geographic continuity; communities of interest; easily identifiable boundaries; and compactness. He emphasized that the district plan selected will only be used for the November 2020 election. The results of the 2020 Census will necessitate a review of the population in the central district and potential redrawing of district lines for the 2022 elections. He went on to say that in accordance with the terms of the settlement, the City would draw one central district and one outer district, and that ranked choice voting would be used to elect future Councilmembers. The draft map proposals were presented, adding that six additional maps were received from the community. Two of 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2020 Councilman Jonathan said affordable housing checks off so many boxes, and he's proud Palm Desert has been at the forefront of that effort. He said affordable housing improves people's lives and obviously prevents homelessness and it helps the environment. He believes the prior policy or lack thereof, was a hindrance to creating more affordable housing, so he commends staff and subcommittee for coming up with the proposed solution. He's hopeful and optimistic that it will result in much more affordable housing than seen in the last few years. Councilman Jonathan moved to waive further reading and pass to second reading: 1) Ordinance No. 1352, approving Zoning Ordinance Amendment 19-0004, replacing Palm Desert Municipal Code Section 25.28.030 with a new "Housing Overlay District" and adopting a Notice of Exemption for same; 2) Ordinance No. 1353, applying the "Housing Overlay District" to parcels identified in Exhibit "A" of said ordinance. Motion was seconded by Kelly. Mayor Pro Tern Kelly commented the subcommittee found it powerful to see and learn about the numbers and to the extent that Palm Desert is the employment capital of the Coachella Valley. She's appreciative to hear there is a collective commitment to try to house more folks within Palm Desert who are traveling significant distances, which isn't good for their budget or the environment. She hopes that those in a position to collaborate with Palm Desert will take the signal from this action that it is committed to facilitate more affordable housing. Councilmember Harnik concurred. She added that Ryan Stendell, Eric Ceja, and Jessica Gonzales did a lot of work and they facilitated a great process. As already stated, the numbers show where Palm Desert stands and what it's committed to with regard to affordable housing. The subcommittee has presented very viable solutions to motivate development for affordable housing, and she's happy to see this product moving forward. Mayor Nestande added that one day, Palm Desert will have a Cal State University, so the City will need affordable housing for students as well. Mayor Nestande called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). D. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, REVISING PALM DESERT MUNICIPAL CODE SECTION 25.32.030 - MM* "ACCESSORY DWELLING UNITS," SECTION 25.10.030, SECTION 25.18.040, AND SECTION 25.99.020 TO COMPLY WITH RECENTLY ENACTED STATE LEGISLATION PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND FOR ADOPTION OFANOTICE OF EXEMPTION UNDER THE 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2020 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), Case No. ZOA 20-0001 (City of Palm Desert, Applicant). Assistant Planner Nick Melloni stated this was a City initiated comprehensive amendment to the City's Accessory Dwelling Units (ADU) Ordinance, it's in response to six new bills that became effective January 1, 2020, as passed by the legislature. With the adoption of the new legislation, the City's current ADU Ordinance is rendered null and void. The City's review is limited to the State Assembly Bills standards. Adoption of the proposed Ordinance Amendment would bring cities into compliance with what the State requires and also enable the City to review architecture and insure design is compatible with existing neighborhoods. It will also enable the City to restrict ADU in certain areas based on impacts to public safety. An ADU is a secondary dwelling unit, typically built on a lot. With an existing single-family home, an ADU can be attached, detached, or constructed from existing floor space, which are called Junior Accessory Dwelling (JADU) Units. The State adopted these bills to promote ADU as a means of housing and making it easier for residents to construct them. The bill also imposes restrictions on the types of development standards cities can implement to streamline the process for residents. The main changes are: 1) all residential lots have the potential to install Accessory Dwelling Units and/or a Junior Accessory Dwelling Unit; 2) the minimum required size for an ADU has decreased, including the maximum area. The new Ordinance addresses everything that the State requires. Staff is also proposing to restrict ADUs in the Hillside Planned Residential, because many of those properties are serviced by private roads that don't conform to Riverside County Fire Access Standards; there is concern with increasing density in that area. He said the Planning Commission recommended approval of the proposed Ordinance as presented under Planning Commission Resolution No. 2771. He noted the Ordinance qualifies under Statutory Exemption per CEQA. Staff recommended approval of Ordinance 1354 and passing it to second reading. Councilman Jonathan pointed out that on page two of the staff report, the fourth bullet point indicates the Ordinance would prohibit cities from enforcing owner -occupancy requirements until January 1, 2025. He wondered how this interacted with the City's Short -Term Rental (STR) Ordinance and if there was a conflict. Mr. Melloni said it didn't, because under the current City's ordinance, in order to have an ADU, the owner of the property would have to live there, which is different from the Short -Term Rental Ordinance. Therefore, under the proposed Ordinance, an owner would be prohibited from renting out any accessory dwelling unit, both the ADU and JADU. If an owner wanted to have a short-term rental, they would have to rent out the main home. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2020 Mr. Stendell replied staff has not discussed that issue yet. He explained that standard drawings are at the applicant's expense and/or some will have to procure it. Based on the number of ADUs coming in, he wouldn't recommend it at this point, adding the City doesn't have thousands of 60x100 sized lots. Councilmember Harnik strongly suggesting a legalese on the permit application that states ADUs are exempt from using it as a short-term rental and requiring the applicant to sign off on it when the permit is issued. Mr. Melloni offered that priorto an ADU being issued, the property owner has to sign a declaration of restrictive covenants that states an ADU shall not be rented out on a short-term rental basis. With no further testimony being offered, Mayor Nestande declared the public hearing closed. Councilman Jonathan commented that the City is mandated to do this, and while he embraces the goal of affordable housing, he resents the State taking away local control on this issue. He would have preferred being tasked with coming up with our own criteria with some general guidelines, because this law prohibits the City from establishing the lot size and mandates that in an R1 Zone an ADU and a JADU are allowed, which causes him concern. Councilmember Harnik agreed, stating local decision making, local control, and local governance is important, and this is classic Sacramento overreach, adding cities should be given the opportunity to maintain the integrity of its neighborhoods. Mayor Pro Tern Kelly moved to waive further reading and pass to second reading Ordinance No. 1354, approving Zoning Ordinance Amendment 20-0001 to modify Palm Desert Municipal Code Sections pertaining to accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Motion was seconded by Harnik and carried by a 5-0 vote (AYES: Harnik, Jonathan, Kelly, Weber, and Nestande; NOES: None). E. CONDUCT A PUBLIC HEARING TO RECEIVE COMMUNITY INPUT REGARDING THE CREATION OF BOUNDARIES AND DRAFTING OF MAPS DEFINING CITY COUNCIL DISTRICTS COMPLIANT WITH THE CALIFORNIA VOTING RIGHTS ACT. Ms. Aylaian stated this was the second public hearing on the subject of changing the City of Palm Desert from At -large Elections to By District Elections. This is the outcome of a lawsuit that was filed and where a settlement was reached by two plaintiffs from Palm Desert that would move the City to District Elections, a system of voting that has not been used in 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 27, 2020 Councilman Jonathan felt there was a conflict with the current STR Ordinance, because currently the owner of the principal home can occupy it, and if they add an ADU, they would be able to rent it out in the R-1 Zone. Mr. Hargreaves agreed that currently that was true, but any ADU constructed under the new regime cannot be rented out as a STR, because there is a provision in the State legislation. As stated by staff, an owner can rent the principal unit and occupy the ADU. Mr. Melloni explained you don't have to be an on -site owner to have an ADU, but you do need to be an on -site owner to use it as a short-term rental. Councilman Jonathan senses there may be a potential conflict, and clarification may be needed in the Ordinance that allows STR of ADUs if the principal home is occupied or the STR Ordinance needs to refer to this new development that would exempt it from the STR Ordinance. Responding to question about being able to rent out a casita that is built in the future, Mr. Melloni said an ADU has complete living amenities (bedroom, bathroom, kitchen, and a separate entrance). He said typically a casita doesn't include a kitchen. Mayor Nestande said that in her neighborhood, many of the homes have these "stand-alone casitas" and people do, on occasion, live in the primary home and rent out the casita. She wondered if that would be banned moving forward. Mr. Melloni said it would have to fall under one of the categories the State prohibits, because the intent of having an ADU, specifically, is to provide a means of affordable housing. Further responding, he said it wouldn't have any affect in renting it out in the long-term. Mr. Hargreaves pointed out that any existing casitas are grandfathered, and new ones built under the new regime are meant to increase the housing stock. He said State law prohibits any new casitas or ADUs from being used as STR. Mayor Pro Tern Kelly understood casitas can continue to do what they are doing, as long as its complying with the City's Ordinance. She hopes staff will provide clear information to those who are coming in to get permits for new ADUs. Also, one topic that frequently comes up about solving the housing crisis is a recommendation to cities to develop stock plans for ADUs that can speed the permit approval process if people choose to use one of those stock plans. She's wondering if staff is looking at doing something of that nature. Ift