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HomeMy WebLinkAboutZOA 05-02 SECOND UNITS HOUSING 2005 ORDINANCE NO. 1100 I A COUNC SHE CIIT1u'OFOPALLM OF DESERT, / 1 CALL APPROVING A ZONING - -�t,..t„�`_-,r[- .ORDINANCE r:M�NDMENT TO CHAPTER 25.21 C l S:u 1 j v A D OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CITE' CLERK'S OFFICE CASE NO. ZOA 05-02 F A L I, DES ER T.. CA WHEREAS, the City Council of the City he 8th ofofPalm 2005,th hold duty noticed public headr�p8?1 a contembey- p OCT q s!der an amendment to the Palm Desert Municipal ZQU5 Ot I —4 AM 1I: 20 {Code, Section 25.21,040(D) relating to second unit housing requirements. WHEREAS, the Planning Commission by Its Res- oiutlon No. 2348 recommended approval of Case PROOF OF PUBLICATION No. ZOA 05-02; and . WHEREAS,said ap?licatlon has cam Iletl with re- (2015.5.C.C.P) quirements of the City of Palm esert Proce- ure for Implementation of the California Environ- mental Quality Act, Resolution No. 05-52' In that the Director of Community Development has de- termined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said publlc hearing upon heard9 and considering all testimony and arguments, If any, of all Interested persons desiringp to be heard, said City Council did find the followingg facts and reasons to exist to justify approval of the General Plan Amendment: STATE OP CALIFORNIA 1.That the Zoning Ordinance Amendment Is con- Count of Riverside alstent with the objectives of the Zoning Ordl- y dance. 2.That the Zoning Ordinance Amendment is con- sistent with the adopted General Plan and affect- ed specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. I am a citizen of the United States and a resident of NOW,THEREFORE, BE IT ORDAINED bY the City the County aforesaid;I am over the age of eighteen folllloows: or me city of Palm Desert, californle, as. years,and not a party to or interested in the 1.That the above recitations are true and correct above-entitled matter.I am the principal clerk of a and constitute the findings of the City Council in this case:,:' printer of the,DESERT SUN PUBLISHING Exterior Mocilpcatlons. COMPANY a newspaper of general circulation, WHEREAS;,the 0kanning Commission by Its Res- printed and published in the city of Palm Springs, No ZOA 05 02;•and County of Riverside,and which newspaper has been WHEREAS said�'S elicatlon has co led with re- adjudged a newspaper of general circulation by the %framents of+the 5•City'of Palm Desert Proce- ure for Imp lementatlon::cf the California Envlron- Superior Court of the County of Riverside,State of - mental Quality Act�tResolutlon No. 05.52' In that the,Director:of4Communay:Development has de- California under the date of March 24,1988.Case termined that the projegt Is a Class 5 Categorical ' Number 191236;that the notice,of which the Exemption annexed Is a printed copy(sal In type not smaller WHEREAS'et public hearing upon hearingg and coneltlerid If testimony and arguments, Ii than non pariel,has been published in each regular any; 1f;!al1 inter ested#ppersons desirin to be heard;rseld'Clty:Councll did find the following and entire issue of said newspaper and not in any facie=and reasons to exist to just[ty approval of � G P Amdm supplement thereof on the following dates,to wit: the eneral Ian an ant: - 1.That the Zoning Ordinance Amendment Is con- sistent with the objectives of the Zoning Ordi- September 28 ,2005 nance. ............................................................. 2.That the Zoning Ordinance Amendment is con- s�stegt_Wltb_t0a ad9Gtad.Generpl,py,oepd,affa^ --` ---- --- - - ----- --- - - -- ---- - - Valley Water District and.shall not adversely Im- ppact traffic flow. H.The second unit shall have Independent heating All in the year 2005 and air conditioning systems and shall include i separate utility submeters. The hot water system I certify(or declare)under penalty of perjury that the y shall be adequately-sized,to meet the needs of foregoing is true and correct. +the second une.. - g g .The design of the s&cnd I units and any related Improvements'such as,an additional garage or carport shall be-compatible with the existing sin- Dated at Palm S ri Cah nritia this-----28ah day 1 gle-family home so as to preserve the character p ' lot the surrounding single-family residential nelgh- borhood and she be subject to review and ap- of----------Se ember- -- -- ------ ----•--,2005 !J Par to yJu Y 1,the 2003.arcs recolnd emit shell nit subject to a conditional:use permit and review by ..the architectural review commission. After July 1 2003, the deterrnlnation..of use for a second unit P shall be a ministerial.act only.subject to complk ............ ............. .............. .. ................. once with the city's development standards. Ar- chitectural design shall remain subject to review Signature and approval by the architectural review commis- sion. K.The prm try unit shall be owner occupied.If the I proFarty owner Is unable to occupy the primary unit, it shall remain unoccupied during periods in t which the second unit.le rented. In no instance i,may both units be rented. The owner of the propp- shy shall be required to verity annually compli- ance with this requirement, providing such proof as may be reasonably required by the community development department.A covenant memodaliz- ring this requirement shall be recorded against the property prior to Issuance of a certificate of occu- iA sefor the second unit. c nd residential unit which conforms to these I requirements shall not be considered to exceed the allowable density for the lot upon which it Is located, and shall be deemed to ba a residential use consistent with the existing general plan and taring ordinance ciealgnatlon for the lot. (Ord. 1044 2 (part)2003: Ortl. 334 (part), 1983) Publishe4SePt 28, 2005 -;f i W :'ECEIVED CITY CLERK'S OFFICE PALM DESERT, CA 2005 AUG 30 PM 2: 28 PROOF OF PUBLICATION This is Space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; 1 am over the age of eighteen ------------------ years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING 'No:3200-- Cm OF PALM DESERT COMPANY a newspaper of general circulation, LEGAL NOTICE printed and published in the city of Palm Springs, CASE NO.zOA 05-02 County of Riverside,and which newspaper has been wl�nbe had E IS before thaEREBY t Palmthat sert CIM Council adjudged a newspaper of general circulation by the to consider a request by the CITY of PALM DESERT to amend zonin Ordinance Section Superior Court of the County of Riverside,State of 25.21.040(0) (second un�t dousing Require- ments).The protect Is exam p{from the provisions California under the date of March 24,1988.Case of the California Environmental Oual ActIceOA) Number 191236; that the notice,of which the er Section 15305 (Class 5, Minor teratons in ELend use Limitations). annexed is a printed copy(set In type not smaller SAID public hearing will be held on Thursday than non pariel,has been published in each regular September 8 2005, at 4:00 pp m. in the Council and entire issue of said newspaper and not in any Fred WaringkDrve,nPallm Desert CCalifornia. at supplement thereof on the following dates,to wit: which time and place all Interested persons are PP g invited to attend and be heard.Written comments concerning all items covered by this public hear- Ing notice shall be accepted up to the date of the August 28",2005 hearing. Information concerning the proposed pro1'ect and/or negative declaration is available for ----------------- -------- review In the Department of Community Develop- ment at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. —_---___--_�_____—__-- If you challengge the proposed actions In court, ------------ you may be Irmited to raisin only those Issues All in the year 2005 you or someone else raised at the public hearing described In this notice or in written ccomespo certify(or declare)under penalty of perjury that the dance delivered to the bity Council at, prior to, foregoing is true and correct. the public hearing. PHILIP DRELL, Secretary Palm Desert Planning Commission f Dated at Im1Springs,California this--29'",—day Published: August 28,2005 — ugu�---- -,2005 Signatu Urbina, Francisco From: Urbina, Francisco Sent: Thursday, August 18, 2005 9:38 AM To: Charlene Moeller (E-mail) Subject: ZOA 05-02 City Council legal notice Hi Charlene. Please advertise the attached legal notice for ZOA 05-02 on Sunday, August 28, 2005. Charge to account number CIT 012. Thanks. CC legal notice, ZOA 05-02.DOC... 1 CIIY Of PRIM 01 1 P I _ 73-5 i0 PRED WAAING DRIVE _ PALM DESERT, CALIFORNIA �j22G0-25]R TEL: 760 346-o61 i FAX: 760 341-7098 info@palm-d,eem.rg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D) (Second Unit Housing Requirements). The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations in Land Use Limitations). SAID public hearing will be held on Thursday, September 8, 2005, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 28, 2005 Palm Desert Planning Commission 2511.010 Chapter 2511 parking spaces shall be provided within a carport or go- rage;the other required parking spaces may be uncovered SECOND UNIT HOUSING F. Any new construction associated with the second unit shall comply with all setbacks,coverage,height and Sections: design standards contained within the base zone and shall 25.21.010 Purpose and intent not alter the general appearance ofthe primary dwelling as 25.21.020 Second unit defined. a single-fiimfly residence. 25.21.030 Conditional use permit required. G. The second unit shall have adequate sewer and 25.21.040 Requirements. water services as determined by the Coachella Valley Wa- ter District and shall not adversely impact traffic flow. 25.21.010 Purpose and intent. H. The second unit shall have independent heating The purpose of this chapter is to provide a mechanism and air conditioning systems and shall include separate to help expand housing opportunities by allowing second utility submeters.The hot water system shall be adequately residential units under certain circumstances in areas nor- sized to meet the needs of the second unit. mally restricted to a single family unit while preserving I. The design of second units and any related im- existing character of surrounding single-family neighbor- provements such as an additional garage or carport shall be hoods.(Ord. 1044§2(part),2003:Ord.334(part), 1983) compatible with the existing single-family home so as to preserve the character of the surrounding single-family 25.21.020 Second unit defined residential neighborhood and shall be subject to review The second unit shall be defined as a dwelling unit, and approval of by the architectural review commission. attached or detached,which provides complete independ- J. Prior to July 1,2003,a second unit shall be sub- ent living facilities for one or more persons on a parcel ject to a conditional use permit and review by the architec- zoned for residential uses.It shall include permanent pro- tural review commission.After July 1,2003,the determi- vis ions for living sleeping eating cooking and sanitation nation of use for a second unit shall be e ministerial ad on the same parcel as the single-family dwelling is situ- only subject to compliance with the city's development ated.(Ord. 1044 §2(part),2003:Ord.334(part), 1983) standards. Architectural design shall remain subject to review and approval by the architectural review commis- sion. K. The primary unit shall be owner occupied.If the property owner is unable to occupy.the primary unit, it shall remain unoccupied during periods in which the sec- ond unit is rented in no instance may both units be rented. The owner of the property shall be required to verify an- 25.21.040 Requirements. nually compliance with this requirement,providing such Applications for a second unit must meet the following proof as may be reasonably required by the community requirements: development department.A covenant memorializing this A. The parcel must contain an existing residential requirement shall be recorded against the property prior to wait issuance of a certificate of occupancy for the second unit B. The second unit may be attached and incorporated A second residential unit which conforms to these re- within the living area of the existing dwelling,but sepa- quirements shall not be considered to exceed the allowable rate,or may be detached, density for the lot upon which it is located, and shall be C. The floor area of a detached or attached second deemed to be a residential use consistent with the existing unit shall not exceed thirty-five(35%)percent of the floor general plan and zoning ordinance designation for the lot. area of the originally permitted and constructed primary (Ord. 1044§2(part),2003:Ord.334(part), 1983) unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes only. E. 'fire second unit must be provided with one off- street parking space per bedroom within a garage or car- port per Section 25.58.220.For second units with three or more bedrooms, only a minimum of two of the required 373 (Palm Deaat supp.No.3.s-m) CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 16, 2005 CASE NO: ZOA 05-02 REQUEST: Recommend to the City Council approval of a Zoning Ordinance Amendment to amend Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. APPLICANT: City of Palm Desert I. BACKGROUND: The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only..State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section.25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. 11. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21.040(D) of the zoning ordinance is proposed for amendment as follows. � � I STAFF REPORT CASE NO. ZOA 05-02 AUGUST 16, 2005 25.21.040 Requirements. D. The unit shall be for rental purposes eayF or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305(Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. IV. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 05-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice C. Chapter25.21, Second Unit Housing Prepared by: Francisco J. Urbi Associate Planner Reviewed and Approved Philip Drell Director o ommunity eiopment omer Croy Assistant City er for Development Services 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of August, 2005, hold a duly noticed public hearing to a consider a request by the CITY OF PALM DESERT for the above mentioned; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of May, 2003, passed, approved, and adopted Ordinance No.1044 relating to Second Unit Housing; and WHEREAS, the City Attorney of the City of Palm Desert, California, has recommended that Section 25.21.040(D) of the Zoning Ordinance relating to second unit housing requirements be amended; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the Zoning Ordinance Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. 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 of the Planning Commission in this case. RESOLUTION NO. 2. That it does herby recommend approval to the City Council of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Section 25.21.040(D). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 16th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DAVID E. TSCHOPP, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 R RESOLUTION NO. EXHIBIT 'A' That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes ep*. or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. 3 RESOLUTION NO. I. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) 4 CIIV 01 P H I M 0ESER1 73-5ro FRED WARING DRIVE PALM DESERT,CALIFORNIA 92E60-2578 TEL: 760 346-o61 I FAX: 760 34l-7098 _ mfotpJm-dnm.orR CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D)(Second Unit Housing Requirements). The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations in Land Use Limitations). SAID public hearing will be held on Tuesday. August 16, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission(or City Council)at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary August 5,2005 Palm Desert Planning Commission � 4 2521.010 - Chapter 2511 perking spaces shall be provided within a carport or ga. SECOND UNIT HOUSING rage,time other required parking�may be mrocovered F. Any sew construction associated with the second unit shall comply with all setbado,coverage,height sod Sections: design standard contained within the base zone and sbal 2511.010 Purpose end Intent. not after the geaeral appearance ofthe primary dwelling is 25.21.020 Second unit defined, a single-family residence, 25.21.030 Conditional use permit required. G. The second unit shall have adequate sewer and 2&21.040 Requirements. water services asdetarnmedby the Coachella Valley Wa- ter District and shill not adversely impact traffic flow. 2521.010 Purpose and mteaL H. The second unit shall have independent beating The purpose of this chapter is to provide a mechanism and air conditioning systems and shall include xpnate to help expand housing opportunities by allowing second utility submeters.'Ihe hot watersystem shall be adequwely residential units under certain circumstances in areas nor- sized to meet the needs,ofthe aeoctsd omit, orally restricted to a single family unit while preserving L The design of second units and any related im- existing character of surrounding single-family neighbor- Provemeota such as an sddi ioiW garage or carport shall be hoods.(Ord. 1044 g 2(part),2003:Ord,334(part),1983) compatible with the existing single-family home so as to 25 21.020 Second unit deflneel preserve the character Of the sarou nding single-family The second omit shall be defined as a dwelling omit, residential �l o Ood and shall be subject to review attached or detached, ado b architectural review commiuim had,which provides complete independ- J. Prior to July 1,2003,a second unit shall be sub. cut Going facilities for one or more persona on a parcel jecttoacanditiond use permit and review by the architec- zoned for residential uses.It shall include permanent pro- rival review commission.After July 1,2003,the detenai- visionns for living,sleeping,eating,cooking,and sanitation nation of use for a second unit shall be a ministerial not on the some parcel as the single-family dwelling is situ- Only subject to compliance with the citys development sted.(Ord. 1044 ¢2(part),2003:Ord 334(part), 1983) standards. Architectural design shall remain subject to review and approval by the aidurccnnal review commis. Sion. JG The Primary unit shall be owner occupied.If the property owner is trouble to occupy the primary unit, it shall remain unoccupied during periods in which the sec- ond unit is rented.In no instance may both units be rented. The owner of the property shall be required to verify an- nually compliance with this requirement,providing such Applications for a second unit must meet the following proof as may be reasonably required by the community requirements: development department.A covenant memorializing this - — A. The parcel must contain an existing residential requirement shall be recorded against the property prier to unit issuance ofa certificate of occupancy for the second milt. B. The second unit may be attached and incorporated A second residential unit which conforms to thew ra within the living area of the existing dwelling but septa- quiremerts shall riot be considered to exceed the allowable rate,or may be detached density for the lot upon which it is located, and shall be C. The floor area of a detached or attached second deemed to be a residential use consistent with the existing unit shall not exceed thirty-fin(35%)percent of the floor general plan and zoning ordinance designation for the lot area of the originally permitted and constructed primary (Ord, 1044 2(part).2003:Ord.334(part), 1983) wit but in no event to be less than four hundred (400) square feet. D. The wit shall be for rental purposes only. E. The second unit must be provided with one off- street parking space per bedroom within a garage or car- port per Section 25.58220.For second wits with three or more bedrooms, only a minimum of two of the required 373 (!tin Dsst Sip.Mo.3,6-07) , �.'� �'✓au�ii . ems Council Agenda Request Meeting of March 23, 2006 1. To be considered under: Consent Calendar ❑ Resolutions ❑ Ordinances ❑ New Business ❑ Old Business ❑ Informational Items ® Public Hearings ❑ Other ❑ 2. Item Title: (Please provide the wording that should appear as the item's title on the agenda). Review of Interpretation of Residential Second Unit Size Limitation Language 3. Financial: (Complete if applicable) (a) Account/Project# (b) Amount Requested (c) In the Current Budget? (d) Appropriation Required? Approved by the Director of Finance: _ 4. Submitted by: F'hit Drell 5, Approvals: Department Hea . _ACM for Development Services: Phil Drell 06rVer Croy City Manager: __Finance Director: Carlos L. Ortega Paul Gibson CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council FROM: Philip Drell, Director of Community Development DATE: March 23, 2006 SUBJECT: Interpretation of Residential Second Unit Size Limitation Language DISCUSSION: When the second unit law was conceived in the early 1980's, it was based on the concept that units would be carved out of large existing permitted dwellings. Our current ordinance states: The floor area of a detached or attached second unit shall not exceed thirty- five (35%) percent of the floor area of the floor area of the originally permitted and constructed primary unit, but in no event to be less then four hundred (400) square feet. I have interpreted this language to mean that if the originally constructed dwelling is 4,000 square feet, then the second unit could be 1,400 square feet (35% of 4,000) either as a newly constructed detached unit or as part of the original dwelling. If it was included within the existing dwelling, the primary unit would be reduced to 2,600 square feet. Alternatively, this language could be interpreted to mean that the 35% ratio is to be applied not to the original primary permitted and constructed dwelling, but to the reduced primary unit resulting from the creation of the second unit. Applying this interpretation to an original 4,000 square foot home, a detached second unit could still be up to 1,400 square feet assuming that the lot was large enough, but a unit created within the original unit could only be 1,025 square feet. Since I could not imagine why we would want to favor detached units or enlarged units over use of existing space, I settled on the first interpretation based on percentage of total original building area. In the 4,000 square foot example, the difference amounts to approximately 400 square feet reduction in the second unit and a corresponding increase in the primary unit. Since I couldn't discern a significant public purpose either way, I went with the interpretation that (W pdocW1nv2ndunil.a2) a Staff Report Residential Second Unit Size Page 2 March 23, 2006 could be uniformly applied regardless of whether the unit was created as a detached structure, added attached, or incorporated into an original dwelling. Reviewed and Approved by: Phil Drell Director of Community Development :Revrieand Con Review and Concur: Homer Croy Carlos L. Ortega ACM for Dev ment Services City Manager Rm i Q ORDINANCE NO. 1100 I AN ORDINANCE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th of September, 2005, hold a duly noticed public hearing to a consider an amendment to the Palm Desert Municipal Code, Section 25.21.040(D) relating to second unit housing requirements. WHEREAS, the Planning Commission by its Resolution No. 2348 recommended approval of Case No. ZOA 05-02; and WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52" in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all 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 justify approval of the General Plan Amendment: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. Exterior Modifications. WHEREAS, the Planning Commission by its Resolution No:2348 recommended approval of Case No. ZOA 05-02; and ORDINANCE NO. 1100 WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52" in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all 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 justify approval of the General Plan Amendment: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of September, 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFOR :✓AA.. CRITES, MAYOR ATTEST: <i CHEL E . <LASSE , CITY CLER CITY OF PALM DESERT, CALIFORNIA 2 ORDINANCE NO. 1100 EXHIBIT 'A' I That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. it B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes eRly: or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. I. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential 3 ORDINANCE NO. 1100 neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Q REQUEST: Consideration of a Zoning Ordinance Amendment to amend Section 25.21.040(D) relating to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. SUBMITTED BY: rFrancisco J. Urbina, Associate Planner APPLICANT: City of Palm Desert MEETING DATE CASE NO: ZOA 05-02 ❑ CONTINUED TO L✓i ✓� DATE: September 8, 2005 PASSED TO 2ND READING CONTENTS: Staff Recommendation Background Analysis Environmental Review Draft Ordinance No. iioo Draft Planning Commission Minutes Planning Commission Staff Report Recommendation: Waive further reading and pas Ordinance No. Iwo to second reading approving Zoning Ordinance Amendment No. 05-02. I. BACKGROUND: On August 16, 2005 the Planning Commission voted 4-0-1 (Commissioner Sabby Jonathan was absent), recommending approval to the City Council of the proposed Zoning Ordinance Amendment. The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only. State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section 25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add I Ordinance No. 1100 Staff Report • City of Palm Desert, ZOA 05-02 Page 2 September 8, 2005 language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. II. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21.040(D) of the zoning ordinance is proposed for amendment as follows. 25.21.040 Requirements. D. The unit shall be for rental purposes only or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305 (Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. Submitted By: Department Head: i Francisco J., U ina Phi ip Drell �— Associate Planner Director of Community Development Approval: Homer Croy, As ant City Manager for Development Services Carlos L. Orte , City Manager r - ORDINANCE NO. lion AN ORDINANCE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th of September, 2005, hold a duly noticed public hearing to a consider an amendment to the Palm Desert Municipal Code, Section 25.21.040(D) relating to second unit housing requirements. WHEREAS, the Planning Commission by its Resolution No. 2348 recommended approval of Case No. ZOA 05-02; and WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52" in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all 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 justify approval of the General Plan Amendment: 1 . That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. Exterior Modifications. WHEREAS, the Planning Commission by its Resolution No. 2348 recommended approval of Case No. ZOA 05-02; and ORDINANCE NO.11oo • WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52" in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all 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 justify approval of the General Plan Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of September, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 ORDINANCE NO. 1100 EXHIBIT `A' That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes only: or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. 1. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential 3 ORDINANCE NO. 1100 • neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) 4 MINUTES U'l i A FT- REVISION PALM DESERT PLANNING COMMISSION AUGUST 16. 2005 D. Case No. ZOA 05-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to the City Council to approve a zoning ordinance amendment amending Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. Mr. Drell explained that this was purely a clarification and there was no substantive change. He said the amendment should help alleviate confusion. Chairperson Tschopp opened the public hearing and asked for any testimony in FAVOR or OPPOSITION. There was none and the public hearing was closed. Chairperson Tschopp asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Jonathan absent). It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2348, recommending to City Council approval of Case No. ZOA 05-02. Motion carried 4-0 (Commissioner Jonathan absent). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC.PLACES Commissioner Campbell reported on the last Art in Public Places meeting. 7 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 16, 2005 CASE NO: ZOA 05-02 REQUEST: Recommend to the City Council approval of a Zoning Ordinance Amendment to amend Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. APPLICANT: City of Palm Desert I. BACKGROUND: The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only. State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section 25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. II. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21.040(D) of the zoning ordinance is proposed for amendment as follows. II - _ - STAFF REPORT CASE NO. ZOA 05-02 AUGUST 16, 2005 25.21.040 Requirements. D. The unit shall be for rental purposes ealy.or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305(Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. IV. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 05-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice C. Chapter 25.21, Second Unit Housing Prepared by: Francisco J. Urbina Associate Planner Reviewed and Approved by: Philip Drell Director of Community Development Homer Croy Assistant City Manager for Development Services 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of August, 2005, hold a duly noticed public hearing to a consider a request by the CITY OF PALM DESERT for the above mentioned; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of May, 2003, passed, approved, and adopted Ordinance No.1044 relating to Second Unit Housing; and WHEREAS, the City Attorney of the City of Palm Desert, California, has recommended that Section 25.21.040(D) of the Zoning Ordinance relating to second unit housing requirements be amended; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the Zoning Ordinance Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. 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 of the Planning Commission in this case. RESOLUTION NO. 2. That it does herby recommend approval to the City Council of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Section 25.21.040(D). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 16th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DAVID E. TSCHOPP, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 RESOLUTION NO. EXHIBIT `A' That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes er&1y: or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to mee t the needs of the second unit. 3 RESOLUTION NO. I. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) 4 C11V UE PRIM DESERT 73-5IO FRED WAVING DYNE PALM DESERT,CALIFORNIA gaz60-2778 TEL: 760 346-o61 I FAX: 760 ;41-7098 mfor prim-dnor.arR CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D)(Second Unit Housing Requirements).The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations In Land Use Limitations). SAID public hearing will be held on Tuesday, August 16, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission(or City Council)at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary August 5, 2005 Palm Desert Planning Commission -- J 25.2i.010 Chapter 2521 Pig spaces shall be provided within a carport or ga- the odor req�d parkinguncovered B spaces may be SECOND UNIT HOUSING rage;p Anywarconmwboussescatedwitbobesecood unit shall eotWly with all selbado,coverage,beight and Sections: design standards contained within the base zone and shall 2521.010 Purpose end latest notaher6egaoaWgVewmmoflheprimarydwc mgas 2511.020 Second unit dellned. a single-fimily residence 25.21.030 Conditional use permit required. G. The second unit shall have adequate sewer and 25.21.040 Requirements. water wvimasddaminedbytheCeache14ValkyWa. ter District and shall not adversely hoped traffic flow. 25.21.010 Purpose and intent H. The second um&shall have independent beating 1be purpose of this chapter is to provide a mechanism and air conditioning systems and shaft include separate to help expand housing opportunities by allowing second utility submakm 7be hot won system aball be adegoa ly residential units under certain circumstances in areas nor- sized to meet the needs oftbe second unk mally restricted to a single family unit while preserving L The design of sensed walls and any related im- existing character of surrom ling single-family neighbor provements such as an additional garage or carpet shall be hoods.(Ord 1044¢2(part),2003:Ord.334(party 1983) compatible with the existing single-family,home so as to Preserve &a character of the surrounding single-family 25.21.020 Second unit defined. residential neighborhood and shall be subject to review The second unit shall be defined as a dwelling unit, and approval of by the archheconal review comottissim attached or detached,which provides complete mdepend- J. Prior to July,1,2003,a tecemd unit shall be sub- am living ihcilhks for one or more persons on a parcel jeatoacaaditlaoalumpamitaadreviewbythewddao- zoned for residential uses.it shall include permanent pro- dual review commksiou,After July 1,2003,the determi- visions for living,sleeping,eating,cooking,and sanitation nation of use for a second wait shall be a ministerial act on the same Para] as the single-family dwelling is situ- only subject to compliance with the city's development steel(Ord. 1044 12(pent).2003:Ord 334(partl 1993) standards. Architectural design shell remain subject to review and approval by the arvi itaco cal review commis- Sion. K. The primary unit shall be owner occupied if the Fop" owner is unable to oeeupy.0rc primary unit, it shall remain unoccupied during periods in which the sec- and unit is rested.In no instance may both unit be rented. The owner of the prop shall be required to verify so- 21.040 Requirement erty nually compliance with this,requirement providing such Applications for a second wait must meet the following proof as may be ressesebly required by the community requiremetrce development department A covenant memorializing this A. The parcel must contain an existing residential requirement shall be recorded againat the property prior to �r issuance of a certificate of occupancy for the second unit. Il. The second unit maybe attached and incorporated A second residential unit which conforms to these to- within the living area of the existing dwelling,but sells- quuements shaft not be considered to exceed the aDowaW rate,or may be detached density for the lot upon which it is located,and shall be C. The floor area of a detached or attached second deemed to be a residential use consistent with the existing unit shall not exceed thirty-five(35%)percent ofthe flour general plan and zoning ordinance designation for the IoL area of the originally permitted and constructed primary (Or& 1044 12(part).2003:Ord.334(pert),1983) unit but in no event to be loss than four hundred (400) square feet D. Tlie unit shall be for rental purposes only. E. The second unit must be provided with one off- street perking space Per bedroom within a garage or err port per Section 25.59220.For second units with throe or more bedrooms, only a minimum of two of the required 373 arm Deal S.W.Na 3,a-03) 111Y 01 P 0 1 M 91 1 N I 73—ylo FRED WARING DRIVE _ PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6n FAX: 760 341-7098 info@palm-desert.o% PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 18, 2005 City of Palm Desert Re: ZOA 05-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of August 16, 2005: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. ZOA 05-02 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2348. MOTION CARRIED 4-0 (COMMISSIONER JONATHAN WAS ABSENT). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Philip Drell, Se retary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal �^�nmvvxnnmvrmr PLANNING COMMISSION RESOLUTION NO. 2348 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of August, 2005, hold a duly noticed public hearing to a consider a request by the CITY OF PALM DESERT for the above mentioned; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 81h day of May, 2003, passed, approved, and adopted Ordinance No.1044 relating to Second Unit Housing; and WHEREAS, the City Attorney of the City of Palm Desert, California, has recommended that Section 25.21.040(D) of the Zoning Ordinance relating to second unit housing requirements be amended; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the Zoning Ordinance Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. 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 of the Planning Commission in this case. ` PLANNING COMMISSION RESOLUTION NO. 2348 2. That it does herby recommend approval to the City Council of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Section 25.21.040(D). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of August, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ' s AVID E. TSCHOPP, Chairp rs n ATTEST: PHILIP DRELL Secretary Palm Desert Planning Commission 2 J PLANNING COMMISSION RESOLUTION NO. 2348 EXHIBIT 'A' That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes enly. or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. 3 1 ` PLANNING COMMISSION RESOLUTION NO. 2348 H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. I. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) H 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 16, 2005 D. Case No. ZOA 05-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to the City Council to approve a zoning ordinance amendment amending Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. Mr. Drell explained that this was purely a clarification and there was no substantive change. He said the amendment should help alleviate confusion. Chairperson Tschopp opened the public hearing and asked for any testimony in FAVOR or OPPOSITION. There was none and the public hearing was closed. Chairperson Tschopp asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Jonathan absent). It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2348, recommending to City Council approval of Case No. ZOA 05-02. Motion carried 4-0 (Commissioner Jonathan absent). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported on the last Art in Public Places meeting. 7 I L ` CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 16, 2005 CASE NO: ZOA 05-02 REQUEST: Recommend to the City Council approval of a Zoning Ordinance Amendment to amend Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. APPLICANT: City of Palm Desert I.- BACKGROUND: The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only..State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section 25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. II. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21 .040(D) of the zoning ordinance is proposed for amendment as follows. STAFF REPORT CASE NO. ZOA 05-02 AUGUST 16, 2005 25.21.040 Requirements. D. The unit shall be for rental purposes ep*. or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305(Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. IV. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 05-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice C. Chapter 25.21, Second Unit Housing Prepared by:C 1 a 1�u. Francisco J. Urbireff Associate Planner Reviewed and Approved Philip Drell Director o , ommunity elopment omer Croy Assistant City er for Development Services 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of August, 2005, hold a duly noticed public hearing to a consider a request by the CITY OF PALM DESERT for the above mentioned; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of May, 2003, passed, approved, and adopted Ordinance No.1044 relating to Second Unit Housing; and WHEREAS, the City Attorney of the City of Palm Desert, California, has recommended that Section 25.21.040(D) of the Zoning Ordinance relating to second unit housing requirements be amended; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 05-52," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the Zoning Ordinance Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific plans. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. 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 of the Planning Commission in this case. RESOLUTION NO. 2. That it does herby recommend approval to the City Council of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Section 25.21.040(D). PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 16th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DAVID E. TSCHOPP, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 I RESOLUTION NO. EXHIBIT `A' That Municipal Code Section 25.21 be amended as follows: 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. (Ord. 1044 § 2 (part), 2003: Ord. 334 (part), 1983) 25,21.020 Second unit defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (Ord. 1044 § (part), 2003: Ord. 334 (part), 1983) 25.21.040 Requirements. Applications for a second unit must meet the following requirements: A. The Parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living are of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes only. or personal use of the property owner. The second unit may not be sold separately from the primary unit. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single- family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters. The hot water system shall be adequately sized to meet the needs of the second unit. 3 RESOLUTION NO. I. The design of the second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval of by the architectural review commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the architectural review commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architectural design shall remain subject to review and approval by the architectural review commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the community development department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. (Ord. 1044 § 2 (part) 2003: Ord. 334 (part), 1983) 4 a EIIY 9f PRIM PESE � 1 73-5 10 FRED WARING DRIVE PALM DESER'I', CALIFORNIA 9226o-3578 TEL: 76o 346-o61 z - FAX:760 341-7098 CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D)(Second Unit Housing Requirements).The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations in Land Use Limitations). SAID public hearing will be held on Tuesday, August 16, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Planning Commission(or City Council)at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 5, 2005 Palm Desert Planning Commission • 2s11.ol0 Chapter 2511 parking spaces shall.be provided within a carpet or ga. rage;the other required parking spaces may be uncovered SECOND UNiT HOUSING F. Any new construction associated with the second unit shall comply with all setbacim,coverage,height and Sections: design standards contained within the base zone and shaft 25.21.010 Purpose and intent not alter the general appearance ofthe primary dwelling as 2511.020 Second unit defined, a single-family residence. 25.21.030 Conditional use permit required. G. Tbe second unit shall have adequate sewer and 2511.040 Requirements. water services as determined by the Coachella ValleyWa- ter District and shall not adversely impact traffic now. 25.21.010 Purpose and intent H. The second unit shall have independent heating The purpose of this chapter is to provide a mechanism and air conditioning systems and shall include separate to help expand housing opportunities by allowing second utility submeters.The hot water system shall be adequately residential units under certain circumstances in areas nor- sized to meet the needs ofthe second unit mally restricted to a single family unit while preserving I. The design of seed units and any related im- existing character of surrounding single-family neighbor- provements sock as an additional garage or carport shall be hoods.(Ord. 1044§2(part),2003:Ord.334(part), 1983) comparable with the existing single-family home so as to preserve the character of the surrounding single-family 2511.020 Second unit defined. residential neighborhood and shall be subject to review The second unit shall be defined as a dwelling unit, and approval of by the architectural review commission. attached or detached,which provides complete independ- J. Prior to July 1,2003,a second unit shall be sub- ent living facilities for one or more persons on a parcel ject to a conditional use permit and review by the architec- zoned for residential uses.It shall include permanent pro- tural review commission.After July 1,2003,the determi- visions for living,sleeping,eating,cooking,and sanitation nation of use for a second unit sball be a ministerial act on the same parcel as the single-family dwelling is situ- only subject to compliance with the city's development ated.(Ord. 1044 §2(part),2003:Ord.334(part). 1983) standards. Architectural design shall remain subject to review and approval by the architectural review commis- sion. K. The primary unit shall be owner occupied.If the property owner is unable to occupy.the primary unit, it shall remain unoccupied during periods in which the sec- ond unit is rented.In no instance may both units be rented. The owner of the property shall be required to verify an- 25.21.040 Requirements. nually compliance with this requirement,providing such Applications for a second unit must meet the following proof as may be reasonably required by the community requirements: development department A covenant memorializing this A. The parcel must contain an existing residential requirement shall be recorded against the property prior to sir issuance of a certificate of occupancy for the second unit B. The second unit may be attached and incorporated A second residential unit which conforms to these re- within the living area of the existing dwelling,but sepa- quirements shall not be considered to exceed the allowable rate,or may be detached density for the lot upon which it is located, and shall be C. The floor area of a detached or attached second deemed to be a residential use consistent with the existing unit shall not exceed thirty-five(35%)percent of the floor general plan and zoning ordinance designation for the lot area of the originally permitted and constructed primary (Ord 1044§2(part),2003:Ord.334(part), 1983) unit but in no event to be less than four hundred (400) square feet D. The unit shall be for rental purposes only. E. The second unit must be provided with one off- street parking space per bedroom within a garage or car- port per Section 25.58.220.For second units with three or more bedrooms, only a minimum of two of the required 1 373 (P,dw Damn suM.14o.3.8-03) rFCEIVED CITY CLERK'S OFFICE PALu DESERT, CA 7P'Q3 AUG 15 AM 11: 52 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen ------------ years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING No. 2e78 !�l COMPANY a newspaper of general circulation, clTv OF PALM ICEDES I g LEGAL NOTICE printed and published in the city of Palm Springs, CASE NO. ZOA 05-02 County of Riverside,and which newspaper has been NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Plannin adjudged a newspaper of general circulation by the commission to consider a request by the ClTpv' OF PALM DESERT to amend Zoning Ordinance Superior Court of the County of Riverside,State of Section 25..21.040(D) (Second Unit Housing Re Section under the date of March 24, 1988.Case gsions of tMTCaln mialEnvlronmenlel Oue ItryvpAct Number 191236;that the notice,of which the (OEOA) per Section 15305 (Class S+Mlnor,Alter- annezed is a printed copy(set in type not smaller aeons in Land use Llmiteaens) r' ' than non pariel,has been published in each regular SAID ppublic hearing will be held on'Tuesdayy'Au- gust 16.2005,at 6 00 p.m.In the Counal G�rem- and entire issue of said newspaper and not in any Gino at the Palm Desert Clvlc Center, 73 510 Fred Waring Drive, Palm Desert. Callfome, at which supplement thereof on the following dates,to wit: time and place an alterestea persons ere s c n- to attend and be heartl. Written_comments cn ceming ell Items cover etl by t is public hearing r6 notice shall be accepted up to'the date of the August 5 ,2005 FF --- project hearing. information III Ion is avail eafor �— — —� review in the Department of Community Devetop- ment at the above adtlreas between the hours of 8:00 a.m. and 5:00 P.m. Montlay through Friday. if you challenge the proposed actions In court, All in the year 2005 you may be limited to ralelnq Dory those Issues y you or someone else raised al the public heeling 1 certify(or declare)under penalty of perjury that the described in this notice;or in wnnen coRespon- dance delivered or trip to, t I blie hearring(or foregoing is true and correct. City Council at, p PHIUP DRELL, Secretary California this----5'h,---day Palm Desert Planning Commission Dated at Palm Springs, y PUBLISH:August 5, 2008 ofMignatur ---,2005 i2521.010 4 Chapter 2511 pig shall be provided within a carport or ga- rage;the other required parking spaces may be uncovered SECOND UNIT HOUSING F. Any new construction associated with the second unit shall comply with all setbacks,coverage,height and Sections: design standards contained within the base zone and shall 25.21.010 Purpose and intent not alter the general appearance of the primary dwelling as ' 25.21.020 Second unit defined. a single-family residence. 25.21.030 Conditional use permit required. G. The second unit shall have adequate sews end 25.21.040 Requirements. water services as determined by the Coachella ValleyWa ter District and shall not adversely impact traffic flow. I 25.21.010 Purpose and intent. H. The second unit shall have independent beating The purpose of this chapter is to provide a mechanism and air conditioning systems and shall include separate to help expand housing opportunities by allowing second utility submeters.The hot water system shall be adequately ' residential units under certain circumstances in areas nor- sized to meet the needs of the second unit. mally restricted to a single family unit while preserving I. The design of second units and any related im- existing character of surrounding single-family neighbor- provements such as an additional garage or carport shell be ' hoods.(Ord. 1044§2(part),2003:Ord.334(part), 1983) compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood 25.21.020 Second unit defined. and shall be subject to review The second unit shall be defined as a dwelling unit, and approval of by the architecture]review commission. attached or detached,which provides complete independ- J. .Prior to July 1,2003,a second unit shall be sub- ent living facilities for one or more persons on a parcel jest to a conditional use permit and review by the architec- zoned for residential uses.It shall include permanent pro- turn]review commission.After July 1,2003,the determi- visions for living,sleeping,eating,cooking,and sanitation nation of use for a second unit shall be a ministerial act on the same parcel as the single-family dwelling is situ- only subject to compliance with the city's development ated.(Ord. 1044 §2(part),2003:Ord.334(part), 1983) standards. Architectural design shall remain subject to review and approval by the architectural review cormnis- Sion. K. The primary unit shall be owner occupied.if the property owner is unable to occupy the primary unit, it - shall remain unoccupied during periods in which the sec- ond unit is rented.In no instance may both units be rented. The owner of the property shall be required to verify an- 25.21.040 Requirements nually compliance with this requirement,providing such Applications for a second unit must meet the following proof as may be reasonably required by the community requirements: development department.A covenant memorializing this _ A. The parcel must contain an existing residential requirement shall be recorded against the property prior to - ----unit:'-- - issuance of a certificate of occupancy for the second unit B. The second unit may be attached and incorporated A second residential unit which conforms to these re" within the living area of the existing dwelling,but sepa- quirements shall not be considered to exceed the allowable — rate,or may be detached. density for the lot upon which it is located, and shall be C. The floor area of a detached or attached second deemed to be a residential use consistent with the existing '- unit shall not exceed thirty-five(35%)percent of the floor general plan and zoning ordinance designation for the lot- are a of the originally permitted and constructed primary (Ord. 1044 §2(part),2003:Ord.334(part), 1983) unit but in no event to be less than four hundred (400) -- square feet D. The unit shall be for rental proposes only. E. The second unit must be provided with one off- street parking space per bedroom within a garage or car- port per Section 25.58.220.For second units with three or more bedrooms, only a minimum of two of the required 373 (pgIm D.111 Na 3,W) -ZOA 05-09 MEMORANDUM To: Honorable Mayor, Members of the City Council, City of Palm Desert FROM: David J. Erwin, City Attorney ) / DATE: February 2, 2005 / RE: Second Unit Housing At a recent City Council meeting, the question was raised as to why the City's second unit housing ordinance, section 25.21.040(D), provides that second units "shall be for rental purposes only". The subsection appears to preclude the use of the second unit for personal use of the property owner. Subsection 25.21.040(K) provides that the primary unit shall be owner-occupied. We have review state law and have found no requirement that the second unit be for rental purposes only. Nor are we aware of any reason that a property owner should be precluded from using a second unit for personal uses. Consequently, it is our recommendation that subsection 25.21.040(D) be amended to read: "the second unit shall be for rental purposes, or personal use of the property owner, only. The second unit may not be sold separately from the primary unit." I have prepared the amended section and are starting it through the zoning ordinance amendment process with the hearing before the Planning Commission. If you have questions,please let me know. cc: Phil Drell Carlos Ortega Homer Croy Sheila Gilligan RMB US\COLLE EN.OHARA\246862.1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING A PORTION OF SECTION 25.21.040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO SECOND UNIT HOUSING NOW, THEREFORE, the City Council of the City of Palm Desert, California, does hereby ordain as follows: Section 1: Section 25.21.040(D)be and the same is amended to read as follows: "(D). The second unit shall be for rental purposes or personal use of the property owner only. The second unit may not be sold separately from the primary unit." Section 2: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed,published and circulated within the City of Palm Desert, and the same shall be in force and 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 this_day of 2005,by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California RMPUMINE1247182.1 ORDINANCE NO. 1044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,APPROVING AN AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE, AS IT RELATES TO SECOND DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES CASE NO. ZOA 02-02 WHEREAS, Chapter 25.21 (Second Unit Senior Housing) of the Municipal Code was adopted in 1983. Since that time, there have been significant changes in the needs of the City of Palm Desert, and in State law regarding second units; and WHEREAS, the Planning Commission has considered and recommended to the City Council significant amendments in Chapter 25.21; and WHEREAS, there are currently pending before the City Council applications for second unit CUPs pursuant to Chapter 25.21, and the applications may be in conflict with proposed amendments to Chapter 25.21 intended to bring the Chapter into compliance with current State law and to better preserve the character of residential neighborhoods within the City; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24t'day of April,2003, hold a public hearing to consider an ordinance amending Chapter 25.21 of the Palm Desert Municipal Code, Chapter 25.21, as it relates to second dwelling units in single family residential zones; and WHEREAS,said amendment is consistent with the requirements of the"City of Palm Desert Procedure for Implementation of the California Environmental Quality Act,Resolution No. 02-60,"in that the Director of Community Development has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)per Section 15305(Class 5, Minor Alterations in Land Use Limitations) of CEQA Guidelines; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify its recommendation as described below: 1. That the Zoning Ordinance amendment is consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans; and 3. That the adoption of an ordinance amending Chapter 25.21 is necessary to protect the public health and safety, and includes a requirement that the primary unit be owner occupied. The requirement of owner occupancy is important to protect i neighborhood stability and the character of existing family neighborhoods and to discourage speculation_a_nd absentee ownership. 1k. ORDINANCE NO. 1044 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That ZOA 02-02 as delineated in the attached Exhibit"A" is hereby ordained. PASSED,APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this a day of May, 2003, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE . BENS MAYOR ATTEST: c RACHELLE D.-XIASSEK, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 ORDINANCE NO. 1044 EXHIBIT "A" Chapter 25.21 SECOND UNIT HOUSING Sections: 25.21.010 Purpose and intent. 25.21.020 Second unit defined. 25.21.030 Conditional use permit required. 25.21.040 Requirements. 25.21.010 Purpose and intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by'allowing second residential units under certain circumstances in areas normally restricted to a single family unit while preserving existing character of surrounding single-family neighborhoods. 25.21.020 Second unit defined. The second unit shall be defined as a dwelling unit,attached or detached,which provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping,eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. 25,21.040 Requirements. Applications for a second unit must meet the following requirements: A. The parcel must contain an existing residential unit. B. The second unit may be attached and incorporated within the living area of the existing dwelling, but separate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%)percent of the floor area of the originally permitted and constructed primary unit but in no event to be less than four hundred (400) square feet. D. The unit shall be for rental purposes only. E. The second unit must be provided with one off-street parking space per bedroom within a garage or carport per Section 25.58.220. For second units with three or more i bedrooms, only a minimum of two of the required parking spaces shall be provided within a carport or garage; the other required parking spaces may be uncovered. 3 ORDINANCE NO. 1044 F. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single-family residence. G. The second unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. H. The second unit shall have independent heating and air conditioning systems and shall include separate utility submeters.The hot water system shall be adequately sized to meet the needs of the second unit. I. The design of second units and any related improvements such as an additional garage or carport shall be compatible with the existing single-family home so as to preserve the character of the surrounding single-family residential neighborhood and shall be subject to review and approval of by the Architectural Review Commission. J. Prior to July 1, 2003, a second unit shall be subject to a conditional use permit and review by the Architectural Review Commission. After July 1, 2003, the determination of use for a second unit shall be a ministerial act only subject to compliance with the City's development standards. Architectural design shall remain subject to review and approval by the Architectural Review Commission. K. The primary unit shall be owner occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the second unit is rented. In no instance may both units be rented. The owner of the property shall be required to verify annually compliance with this requirement, providing such proof as may be reasonably required by the Community Development Department. A covenant memorializing this requirement shall be recorded against the property prior to issuance of a certificate of occupancy for the second unit. A second residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing general plan and zoning ordinance designation for the lot. 4 Urbina, Francisco From: Urbina, Francisco Sent: Monday, July 18, 2005 10:56 AM To: Charlene Moeller (E-mail) Subject: Revised advertising date for ZOA 05-02 legal notice Good morning Charlene. I previously e-mailed you a legal notice for ZOA 05-02. Now I want to change the date for advertising the legal notice in The Desert Sun. Instead of advertising this case on July 22, 2005, please advertise it on August 5, 2005. 1 have attached a revised legal notice with a new publish date and a new Planning Commision hearing date. Charge to account number CIT 012. Thanks. PC legal notice.DOC 1 CITY Of PlilM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6i I FAX: 760 341-7098 info@pnlm-desertorg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D) (Second Unit Housing Requirements). The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15305 (Class 5, Minor Alterations in Land Use Limitations). SAID public hearing will be held on Tuesday, August 16, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or City Council) at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 5, 2005 Palm Desert Planning Commission