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HomeMy WebLinkAboutOrd 1100 ZOA 05-02 - Second Unit Housing RequirementsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of a Zoning Ordinance Amendment to amend Section 25.21.040(D) relating to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. SUBMITTED BY: Francisco J. Urbina, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 05-02 DATE: September 8, 2005 CONTENTS: Staff Recommendation Background Analysis Environmental Review Draft Ordinance No. i ioo Draft Planning Commission Minutes Planning Commission Staff Report Recommendation: Waive further reading and pas Ordinance No. ti loo to second reading approving Zoning Ordinance Amendment No. 05-02. I. BACKGROUND: On August 16, 2005 the Planning Commission voted 4-0-1 (Commissioner Sabby Jonathan was absent), recommending approval to the City Council of the proposed Zoning Ordinance Amendment. The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only. State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section 25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add Ordinance No. 1100 Staff Report City of Palm Desert, ZOA 05-02 Page 2 September 8, 2005 language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. if. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21.040(D) of the zoning ordinance is proposed for amendment as follows. 25.21.040 Requirements. D. The unit shall be for rental purposes eRIy-- or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305 (Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. Submitted By: Department Head: Francisco J., U ma Phi ip Drell �— Associate Planner Director of Community Development Approval: ", WZ, Homer Croy, As ant City Manager for Development Services - A 04� �- Carlos L. Orte go , City Manager ORDINANCE 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: 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. 2. 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: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR 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 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) 4 r . r'1 SUB1E, TC MINUTES y REVISION! PALM DESERT PLANNING COMMISSION AUGUST 16. 2005 D. Case No. ZOA 05-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to the City Council to approve a zoning ordinance amendment amending Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. Mr. Drell explained that this was purely a clarification and there was no substantive change. He said the amendment should help alleviate confusion. Chairperson Tschopp opened the public hearing and asked for any testimony in FAVOR or OPPOSITION. There was none and the public hearing was closed. Chairperson Tschopp asked for Commission comments. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Jonathan absent). It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2348, recommending to City Council approval of Case No. ZOA 05-02. Motion carried 4-0 (Commissioner Jonathan absent). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported on the last Art in Public Places meeting. 7 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 16, 2005 CASE NO: ZOA 05-02 REQUEST: Recommend to the City Council approval of a Zoning Ordinance Amendment to amend Section 25.21.040(D) to the Second Unit Housing Requirements clarifying that a second unit may be used for personal use of the property owner and that the second unit may not be sold separately from the primary unit. APPLICANT: City of Palm Desert I. BACKGROUND: The City Council initiated this amendment to the Zoning Ordinance because of concern that current language in the second unit housing requirements appears to preclude the use of the second unit by the property owner for personal use because Section 25.21.040(D) states that second units "shall be rental purposes only." The city attorney reviewed state law and found no requirement that the second unit be used for rental purposes only. State law does not preclude a property owner from using a second unit for personal use. The intent of the current language in Section 25.21.040(D) was allow the second unit to be rented, but not to allow it to be sold separately from the primary unit. Therefore, the city attorney has advised that Zoning Ordinance Section 25.21.040(D) be amended to add language stating that a second unit may be used by a property owner for personal use and that a second unit may not be sold separately from the primary unit. II. ANALYSIS: The Zoning Ordinance Amendment will clarify that a second unit can used for rental purposes or for personal use by the property owner but may not be sold separately from the primary unit. Section 25.21.040(D) of the zoning ordinance is proposed for amendment as follows. STAFF REPORT CASE NO. ZOA 05-02 AUGUST 16, 2005 25.21.040 Requirements. D. The unit shall be for rental purposes only, or personal use of the property owner. The second unit may not be sold separately from the primary unit. III. ENVIRONMENTAL REVIEW: The application is a Class 5 categorical exemption per Section 15305 (Minor Alterations in Land Use Limitations) of CEQA Guidelines and no further documentation is necessary. IV. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 05-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice C. Chapter 25.21, Second Unit Housing Prepared by: Francisco J. Urbina Associate Planner Reviewed and Approved by: Philip Drell Director of Community Development Homer Croy Assistant City Manager for Development Services 2 RESOLUTION NO. 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, California, 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 8t' 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, California, 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 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 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: That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. RESOLUTION NO. 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 City Council, held on this 16th day of August 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 DAVID E. TSCHOPP, Chairperson RESOLUTION NO. 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 enty. 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. 3 RESOLUTION NO. J. 2 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. 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) 4 CITY 01 P 0 [ M 0 [ S [ R I 7;-510 FREo WmtmG DRIVE PALM DEsurt CALIFORMA 92260-2578 TBL: 760 346-o61 I FAX: 760 ..141-7098 �afe►palat-desert att CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 0"2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT to amend Zoning Ordinance Section 25.21.040(D) (Second Unit Housing Requirements). The project is exempt from the provisions of the Caliifomis Environmental Duality Act (CEQA) per Section 15305 (Class 5, Minor Alterations In Land Use Limitations). SAID public hearing will be held on Tuesday, August 16, 2005, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or City Council) at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 5, 2005 Palm Desert Planning Commission f � 25.21.011 1 1 1 t 1 r��u V- I I I Chapter 2&21 SECOND UNIT HOUSING Sectioss: 25.21.019 Purpose and istesL 2&21.020 Second ask defined. 25.21.030 Conditional use permit required. 2&21.040 Requirements. 2511.010 Purpose mad 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 nor- mally restricted to a single Smiily unit while preserving existing character of surrounding single-family neighbor- hoods,. (Ord.1044 j 2 (pant), 2003: Ord. 334 (pang 1983) 2521.020 Second oak defined. The second unit shall be defined as a dwelling unit, attached or detached, which provides complete independ- ent living facilities far one or more persons on a parcel zoned for residential uses. It shall include pamanent pro- visions for living, sleeping, sting. cooking, and saakabon on the same parcel as the single-family dwelling is situ- ated. (Ord.1044 12 (part), 2003: Ord 334 (part), 19E3) 25.21.040 Requirements. ` Applications for a second unit must meet the following requirements: A. The parcel must contain an existing residential B. The second unit may be attached and 3 within the living area of the existing dwelling, but seps- rate, or may be detached. C. The floor area of a detached or attached second unit shall not exceed thirty-five (35%) patent of the floor am 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 only. E. The second unit must be provided with one off- street parking space per bedroom within a garage or car- port per Section 25.58.220. For second units with three or more G J' , , . ; � a, only a minimum of two of the required puking spaces, shall be provided within a copco or fi* rage; the other required patting spaces may be uncovered F. Any sew , , , , . , associated with the second unit shall comply with all saftw ib. . � , , i je, heug>tt and design standards contained witm the base zone and shall not after the general appearance of the primary dweelliog m a single-family residence. G. The second unit shall have adequate sewer and water services as detamnwd by the Coachella Valley Wa- ter District: and shall not advasdy impact trafSc flow. IL The second unit shall have independent heating and air eosdMonmg systems and shall include separate utility submeters. The hot wafersystem shall be adequately sized to meet the needs ofthe second unit. L The design of second units and any related be- provemoo satin as an additional garage or carport shall be canpat�ble with the existing single-family bone an as to preserve the character of the surrounding singlo-fimily residential w0barbood and shall be subject to review and approval of by the wddwctwW review comrnissiao. J. Prior to July 1, 2003, a second unit shall be sub- ject to a conditional use permit and review by the architeo- rural review commission, After July 1, 2003, the detarmi- natios of use for a second unit shall be a ministerial act only subject to compliance with the city's development standards. Architeetuual design shall remain subject to review and approval by the architectural review commis- sion. IL. 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 sec- ond unit is rented. In no imtaao 1 may both u nks be rented. The owner of the property shall be required to ver* an- nually compliance with this requuirement, providing such proof n may be reasonably required by the community development department. A covenant, memorializing this requirement shall be recorded against the property prior m issuance of a certificate of 1 w w , ,� i , , F for the second unit. A second residential unit which conforms to these re- quirements shall not be considered to exceed the allowable density far the lit upon which it is located, and shall be domed to be a residential use consiskmt with the existing general plan and zoning ord unce designation for the lot. (Ord 104412 (part), 2003: Ord 334 (Part),1983) 373 Mab! Dart So- N& 3,843)