HomeMy WebLinkAbout320918 CIT Y Of P 0 1 M OESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6i i
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
March 22, 2017
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Subject: Recommendation to the City Council to Approve a Zoning Ordinance
Amendment to Section 25.34.030 "Accessory Dwelling Units" and
"Definitions" to Comply with State Legislation
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of March 21, 2017:
The Planning Commission approved a recommendation to the City
Council to approve Case No. ZOA 17-018 by the adoption of Planning
Commission Resolution No. 2692. Motion carried by a 5-0 vote.
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.
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
i PAINAEO ON AE(V(lE0 PRPFR
PLANNING COMMISSION RESOLUTION NO. 2692
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 25.34.030
"ACCESSORY DWELLING UNITS" AND SECTION 25.99.020
"DEFINITIONS" OF THE ZONING ORDINANCE TO COMPLY WITH NEW
STATE LEGISLATION
CASE NO: ZOA 17-018
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21 S' day of March 2017, hold a duly noticed public hearing to consider the request by the City
of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the
facts and any testimony given adopts the following as its Findings in recommended
approval of the Zoning Ordinance Amendment to the City Council:
SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby
finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to provide by ordinance for the
creation of second units.
C. To address California's shortage of housing supply, the California Legislature
approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter
735, Stats. 2016), Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016) and
Assembly Bill 2406 (Thurmond, Chapter 755, Stats. 2016).
D. Assembly Bill 2299 and Senate Bill 1069 are double jointing bills, which among
other things, amend California Government Code Section 65852.2. These
statutes impose new limitations on local authority to regulate second units, which
are now referred to as "accessory dwelling units" ("ADU").
E. Assembly Bill 2299 became effective on January 1, 2017 and renders all non-
compliant local ordinances null and void on that date unless and until an agency
adopts an ordinance that complies with Government Code Section 65852.2.
F. The City desires to amend a local regulatory scheme for the construction of
accessory dwelling units that fully complies with Assembly Bill 2299.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the Municipal Code amendment to Section 25.34.030 as shown in Exhibit "A" which is
attached hereto and incorporated herewith.
PLANNING COMMISSION RESOLUTION NO. 2692
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this ordinance or any
part thereof. The Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The Planning
Commission of the City of Palm Desert finds the adoption of this ordinance to be statutorily
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant
to Section 21080.17 of the Public Resources Code because it is an ordinance regarding
second units in a single-family or multifamily residential zone to implement the provisions of
Government Code Section 65852.2.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 21s' day of March 2017 by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
moo
ABSTAIN: NONE
ANCY LUNA, CHAIRPERSON
ATTEST:
04-
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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