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Home My WebLink AboutORD 1100ORDINANCE NO. 1100 AN ORDINANCE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.21 OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR SECOND UNIT HOUSING. CASE NO. ZOA 05-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th of September, 2005, hold a duly noticed public hearing to a consider an amendment to the Palm Desert Municipal Code, Section 25.21.040(D) relating to second unit housing requirements. WHEREAS, the Planning Commission by its Resolution No. 2348 recommended approval of Case No. ZOA 05-02; and WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California 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 City Council did find the following facts and reasons to exist to justify approval of the General Plan 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 that the current regulations. 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 City Council in this case. Exterior Modifications. WHEREAS, the Planning Commission by its Resolution No. 2348 recommended approval of Case No. ZOA 05-02; and ORDINANCE NO. 1100 WHEREAS, said application has complied with requirements of the " City of Palm Desert Procedure for Implementation of the California 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 City Council did find the following facts and reasons to exist to justify approval of the General Plan 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 that the current regulations. 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 City Council in this case. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of September, 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE BUFOR A. CRITES, MAYOR ATTEST: C H E L E LA S S Ef j., C�TYLER IP CITY OF PALM DESERT, CALIFORNIA 2 ORDINANCE NO. 1100 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 en4�L 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. 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 3 ORDINANCE NO. 1100 J K. neighborhood and shall be subject to review and approval of by the architectural review commission. 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. 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) in