HomeMy WebLinkAboutRes No 2191PLANNING COMMISSION RESOLUTION NO. 2191
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.21,
SECOND UNIT SENIOR HOUSING.
CASE NO. ZOA 02-02
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of July, 2002, hold a duly noticed public hearing which was continued to September 3,
October 1, November 21, 2002 and January 21, February 18 and March 18, 2003 to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.21; 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. 00-24,"
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, said Planning Commission 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 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, Califomia, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit A to amend Municipal Code Chapter 25.21.
PLANNING COMMISSION RESOLUTION NO. 2191
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 18th day of March, 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
AAYLL
PHILIP DRELL,fecretary
Palm Desert Planning Commission
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2191
EXHIBIT A
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 incorporated within the living area of the existing dwelling
or may be detached.
C. The floor area of a detached or attached second unit shall not exceed the lesser of
the floor area of the primary unit or 1,200 square feet, nor shall the floor area be less than
600 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
provided 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 and shall not
adversely impact traffic flow.
H. The second unit shall have independent heating and air conditioning systems and
at a minimum shall include separate utility submeters. The design of 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
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PLANNING COMMISSION RESOLUTION NO. 2191
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.
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