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Home My WebLink About1979 ORDINANCE NO. 1979 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS ZONING CODE TO ADOPT THE R-1-E ZONE DISTRICT AND ASSOCIATED DEVELOPMENT STANDARDS (CASE 5.1398 ZTA). City Attorney's Summary This Ordinance adopts a new single-family zone district called the R-1-E district, and is intended to implement the recommendations of the Ad Hoc PDD Committee. The Ordinance establishes a minimum lot size of 5,000 square feet for the R-1-E zone district, establishes minimum lot dimensions, minimum setbacks, maximum lot coverage, and other development standards. The Ordinance is consistent with the density limitations of the Low Density Residential and Medium Density Residential land use designations of the City of Palm Springs General Plan. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The Ad Hoc PDD Committee, as established by the City of Palm Springs through a settlement agreement, recommended that the zoning code be amended to include a small-lot single-family zoning district as an alternative to the use of the Planned Development District (PDD) process. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1398 ZTA was given in accordance with applicable law. C. On October 24, 2018, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which meeting the Planning Commission voted 6 to 0 to recommend approval of the proposed amendment. D. On February 6, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. E. The project is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)]. The whole of the Ordinance is exempt because the code amendment is not a "project" as defined by Section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)]. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. Ordinance No. 1979 Page 2 G. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Implement Recommendations #52 and #53 of the Ad Hoc PDD Committee, recommending the creation of a small-lot district with a minimum lot size of 5,000 square feet to be used in place of the Planned Development District (PDD) process; 2. Provide consistency with the LDR (Low Density Residential) and MDR (Medium Density Residential) land use designations of the City of Palm Springs General Plan, which encourages a range of single- family housing types at various densities; 3. Implements Goal HS1 of the Housing Element of the City of Palm Springs General Plan, which encourages a broad range of housing types to address current and future housing needs; and 4. Implements Policy HS1.2 of the Housing Element of the City of Palm Springs General Plan, which dictates the need to maintain a range of housing densities through General Plan land use designations and zoning. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. SECTION 2. Amend Section 92.01.03(A) of the Palm Springs Zoning Code to add the R-1-E zone district as follows: A. Minimum Lot Standards. R-1-AH R-1-A 13-1-13 R-1-C R-1-D R-1-E 1. Lot area (in square feet) 20,000 20,000 15,000 10,000 7,500 5,000 (fairway lots only) - - - 12,500 - - 2. Minimum width (in feet): Interior lots 130 130 120 100 75 50 Corner lots: a. Siding local/collector street 140 140 130 110 82 55 b. Reverse 140 140 130 110 92 55 c. Siding major thoroughfare 165 165 150 140 117 NP' d. Siding secondary thoroughfare F 155 155 140 130 107 65 Ordinance No. 1979 Page 3 R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E e. Cul-de-sac/curve lots(average 130 130 120 100 75 50 widths) 3. Minimum depth(in feet): Backing on: a. Interior lot/Local/Collector street 120 120 120 100 100 90 b. Major thoroughfare/State hwy. 160 160 160 140 140 100 c. Secondary thoroughfare 150 150 150 130 130 100 d. Fairway 120 120 120 100 100 90 Facing on: a. Major thoroughfare 145 145 145 125 125 NP1 b. Secondary thoroughfare 135 135 135 115 115 100 'Not permitted. SECTION 3. Amend Section 92.01.03(B) of the Palm Springs Zoning Code to add development standards for the R-1-E zone district as follows: B. Yards and Building Standards. R-1-AH R-1-A R-1-B R-1-C R-1-D R-1-E 1. Front yards: a. Local/Collector street 25 25 25 25 25 15 b. Major thoroughfare 50 50 50 50 50 NP' c. Secondary thoroughfare 25 25 25 25 25 20 d. Service road 25 25 25 25 25 15 e. Curve lot/Cul-de-sac 20 20 20 20 20 15 f. Special conditions(See Section 93.01.00) 2. Side yards: a. Interior 10 10 10 10 7.5 6 b. Corner (1) Local/Collector street 20 20 20 20 15 15 (2) Reverse on local street 25 25 25 25 25 15 (3) Major thoroughfare 50 50 50 50 50 NP' (4)Secondary thoroughfare 25 25 25 25 25 25 (5) Service road 25 25 25 25 25 15 (6) Special conditions (See Section 93.01.00) 3. Rear yards: a. Backing on interior lot/local/collector street 15 15 15 15 1 15 15 b. Backing on major thoroughfare 25 25 25 25 25 25 c. Backing on secondary thoroughfare 25 25 25 25 25 25 d. Backing on fairway 20 20 20 20 20 15 e. Special conditions (See Section 93.01.00) 4. Lot coverage(max.) 35% 35% 35% 35% 350% 45% Ordinance No. 1979 Page 4 R-1-AH R-1-A R-1-13 R-1-C R-1-D R-1-E 5. Minimum dwelling size 1,500 1,500 1,500 1,100 1,100 N/A (excluding garage/carport) 6. Building Envelope. Buildings shall not exceed one(1)story and twelve(12)feet in height at the minimum setback. From the minimum setback,the height may be allowed to increase along a plane which has a slope of 4:12, until a building height of eighteen (18)feet is attained. Gable ends, dormers and front entrance treatments, not exceeding fifteen (15)feet in height, may encroach past the building envelope limits. Garage structures which encroach into a rear yard setback area as permissible under subsection (C)(3)shall be limited to a maximum of ten(10)feet in height. These regulations may be modified by the planning commission for hillside lots pursuant to Section 94.06.01(A)(8). 7. Garages/Carports. Garages shall be located not less than twenty-five(25)feet from the property line abutting the street from which such garage has vehicular access and twenty- five(25)feet from the opposite side of the alley from which such garage has vehicular access. In the R-1-E zone, garages shall be located not less than twenty(20)feet from the front and corner side property lines. Garages may be detached from the main building in the R-1-A, R-1-AH, R-1-E and hillside areas only. 'Not permitted. SECTION 4. Amend Section 92.01.03(C)(3) of the Palm Springs Zoning Code to add subsection (b) as follows: b. Garage or Carport Structures (R-1-E Zone only). Garage or carport structures may be located within the rear yard setback area where the structure takes direct access from an alleyway at the rear of the lot, or takes access from a driveway extending along the side property line to the rear of the lot. The garage or carport structure shall be located a minimum of five (5) feet from the rear property line, and shall conform to the minimum side yard setback. The garage or carport structure may be located at the side property line when approved as part of a zero-lot line development under section (E)(12). SECTION 5. Amend Section 92.01.03 of the Palm Springs Zoning Code to add a new subsection (D) as follows and renumber all following subsections accordingly: Ordinance No. 1979 Page 5 D. Exceptions — Lot Coverage (R-1-E Zone only). 1. Covered Porches. Non-habitable covered porches, which are open on at least one side, may be excluded from lot coverage requirements in accordance with the definition listed in Section 91.00.10. Non-habitable covered porches shall be subject to all setback requirements. 2. Increased Lot Coverage. The maximum lot coverage in the R-1-E zone may be increased to fifty percent (50%) under either of the following conditions: a. An accessory dwelling unit is permitted and constructed in conformance to the requirements of Section 93.23.14; and/or b. A garage or carport structure is constructed at the rear of the lot in the rear yard setback area in conformance to the requirements of subsection (3)(b). SECTION 6. Amend Section 92.01.03 of the Palm Springs Zoning Code to renumber subsection (D) and to add a new paragraph as follows: E. General Provisions. 12. Zero-Lot Line Development. a. Districts where permitted. Zero-lot line development may be permitted in the R-1-E zoning district. b. Permitted Development Types. Zero-lot line developments may include the following configurations: i. The structure is situated on a parcel so that one or more portions of the structure is located on the side property line; ii. The structure is situated on a parcel so that one or more portions of the structure is located on the side property line and attached to the dwelling unit on the abutting parcel; or iii. Side yard setback for the structure is reduced, and an exclusive use easement is provided on the abutting parcel. C. Development Standards. i. Lot size. The minimum lot size shall comply with the requirements for the R-1-E zone. ii. Lot coverage. The lot coverage shall comply with the requirements for the R-1-E zone. iii. Setbacks. Front and rear yard setbacks shall comply with the requirements for the R-1-E zone. Side yard setbacks may be reduced along one property line, provided the opposite side yard setback is increased by the corresponding setback reduction; in no case shall the aggregate side yard setbacks be less than Ordinance No. 1979 Page 6 twelve (12) feet. Accessory buildings and structures shall conform to the setbacks established for the primary dwelling unit. This setback reduction shall not apply to side yard setbacks adjacent to parcels that are not part of the zero lot-line development. V. Height limitation. The maximum building height shall comply with the requirements for the R-1-E zone. vi. Mechanical equipment. Mechanical equipment may be permitted in side yard areas, subject to the requirements of Section 93.01.00. d. Application Procedures. Zero-lot line developments shall be processed and reviewed via a Tentative Map application. The map shall identify the zero-lot line configuration on each parcel, the setbacks for each parcel, and the area for any exclusive use easement. SECTION 7. Amend Section 93.06.00(C)(6) of the Palm Springs Zoning Code as follows: 6. Tandem Parking. Automobile parking so arranged as to require the moving of any vehicle in order to enter or leave any other stall shall be prohibited in any zone unless specifically approved by the Director. Tandem parking spaces may be permitted in the R-1-E zone, subject to all other applicable development standards. SECTION 8. Amend Section 9.60.030(2) of the Palm Springs Municipal Code as follows: (2) Alleys shall be avoided where possible, except as otherwise permissible under this Code. Alleys may be provided in commercial or industrial zones if other definite and assured provision cannot be made for service access, such as off- street loading, unloading and parking consistent with and adequate for the uses proposed. Alleys may be provided in the R-1-E residential zone, where the alley is designed to provide access to garage or carport structures at the rear of each residential lot abutting the alley. If approved, an alley shall: (A) Be not less than twenty feet wide; (B) Be improved to full width. SECTION 9. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Ordinance No. 1979 Page 7 SECTION 10. The proposed text amendment will implement General Plan densities and standards that were analyzed in the Environmental Impact Report (EIR) for the 2007 General Plan. The EIR was certified by City Council Resolution No. 22077 and remains the controlling environmental document for implementing changes to the Palm Springs Zoning Code. Because the proposed text amendments implement the 2007 General Plan, no further environmental documentation is required pursuant to Section 15162 of the California Environmental Quality Act. SECTION 11. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. ADOPTED THIS 20TH DAY OF FEBRUARY, 2019. "—�a4 � ROBERT MOON MAYOR ATTEST: Ar4TWONY J. M JIA, CITY CLERK Ordinance No. 1979 Page 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1979 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on Wednesday, February 6, 2019, and adopted at a regular meeting of the City Council held on the 20t" day of February, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Mayor Pro Tem Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of r 20 f`7 0 THONY J/ NWJJA?AMC- CITY CLERik