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HomeMy WebLinkAboutORD 1044ORDINANCE 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 neighborhood stability and the character of existing family neighborhoods and to discourage speculation and absentee ownership. 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 8th day of May, 2003, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 7 FeHELLE D. SSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA BENS ,MAYOR K 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. 25t.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 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 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 fifty (450) 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 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. 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 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. 4