HomeMy WebLinkAboutRes No 2348PLANNING 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, Califomia, 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, Califomia, 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 Califomia 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
ATTEST:
IljLfLQJ
PHILIP DRELL'Secretary
Palm Desert Planning Commission
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DAVID E. TSCHOPP, Chairprs\n
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2348
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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)
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