HomeMy WebLinkAboutRes No 27721
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PLANNING COMMISSION RESOLUTION NO. 2772
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION
25.28.030 "MEDIUM/HIGH-DENSITY HOUSING OVERLAY DISTRICT"
WITH A "HOUSING OVERLAY DISTRICT," AND TO PROVIDE INCENTIVES
FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL
UNITS IN NEW RESIDENTIAL PROJECTS
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41" 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
WHEREAS, the City Council, at their meeting of January 10, 2019, formed an
"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, Planning Commission of the City of Palm Desert, in reviewing all the facts
and any testimony given adopts the following as its Findings in recommended approval of the
Zoning Ordinance Amendment to the City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution, and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the Zoning Ordinance Amendment to replace Section 25.28.030 Medium/High-Density
Housing Overlay District with a "Housing Overlay District" as shown in Exhibit A which is
attached hereto and incorporated herewith.
PLANNING COMMISSION RESOLUTION NO. 2772
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective
of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The Planning
Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically
exempt from the requirements of the California Environmental Quality Act (CEQA) from
environmental review.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 4th day of February 2020, by the following
vote, to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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LISAY HOLT, CAIR
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PLANNING COMMISSION RESOLUTION NO. 2772
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EXHIBIT A
25.28.030 Housing Overlay District
A. Intent. The intent of the 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.
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PLANNING COMMISSION RESOLUTION NO. 2772
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
Studio / 1 Bedroom
2 — 3 Bedrooms
Parking Ratio
1.50 per unit
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.
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