HomeMy WebLinkAboutOrd 1358 - ZOA 20-0001 Accessory Dwelling UnitsrJ
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ORDINANCE NO. 1358
P ES TO 2ND READ
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING
ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE
SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND MODIFY
SECTION 25.10.030 "RESIDENTIAL ALLOWED LAND USES AND PERMIT
REQUIREMENTS," SECTION 25.18.040 "DOWNTOWN LAND USE AND
PERMIT REQUIREMENTS," AND SECTION 25.99.020 "LAND USE
DEFINITIONS" TO COMPLY WITH STATE LEGISLATION PERTAINING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS, CASE NO: ZOA 20-0001
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of February 2020, hold a duly noticed public hearing to consider the request by the City
of Palm Desert for approval of the above -noted and adopted Resolution No. 2771
recommending the City Council adopt the ZOA, subject to minor grammatical changes; and
WHEREAS, the City Council of the City of Palm Desert, did on the 151h day of October,
2020, hold a duly noticed public hearing to consider the request by the City of Palm Desert
for approval of a ZOA, and has determined that the overlay district is consistent with the City's
General Plan; and
WHEREAS, at said public hearing, upon hearing and considering all the facts and any
testimony given adopts the following as its Findings in recommended approval of the Zoning
Ordinance Amendment to the City Council:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the following
regulations are beneficial and appropriate to protect the health, safety, and welfare of the
residents and businesses of Palm Desert within the City limits.
A. The City of Palm Desert, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to act by ordinance to provide
for the creation and regulation of accessory dwelling units ("ADUs") and junior
accessory dwelling units ("JADUs"); and
C. In 2019, the California Legislature approved, and the Governor signed into law
several bills ("New ADU Laws") that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on the
local authority to regulate ADUs and JADUs; and
D. The new ADU laws take effect January 1, 2020, and if the City's ADU ordinance
does not comply with the new ADU laws, the City's ordinance becomes null
and void on that date as a matter of law; and
ORDINANCE NO. 1358
E. The City desires to amend its local regulatory scheme for the construction of
ADUs and JADUs to comply with the amended provisions of Government Code
Sections 65852.2 and 65852.22; and
F. Failure to comply with Government Code Sections 65852.2 and 65852.22 (as
amended) as of January 1, 2020, renders the City's ordinance regulating ADUs
and JADUs null and void, thereby limiting the City to the application of the few
default standards provided in Government Code Sections 65852.2 and
65852.22 for the approval of ADUs and JADUs; and
G. The approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape,
architectural review would threaten the character of existing neighborhoods,
and negatively impact property values, personal privacy, and fire safety.
H. In accordance with the California Environmental Quality Act (Pub. Resources
Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code
Regs., tit. 14, § 15000 et seq.), the City has determined that the revisions to
the Palm Desert Municipal Code (PDMC) are exempt from environmental
review.
SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts
the Zoning Ordinance Amendment to Municipal Code Sections 25.34.030, 25.10.030,
25.18.040 and 25.99.020 as shown in Exhibit A, which is attached hereto and incorporated
herewith.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the
fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional, invalid, or ineffective.
SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in The Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in full force and in
effect thirty (30) days after its adoption.
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ORDINANCE NO. 1358
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 29th day of October 2020, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
GRACE ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GINA NESTANDE, MAYOR
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