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HomeMy WebLinkAbout1974 ORDINANCE NO. 1974 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING SECTION 93.23.19 OF THE PALM SPRINGS ZONING CODE RELATING TO TRANSITIONAL AND SUPPORTIVE HOUSING, CASE 5.1460 ZTA. CityAttorney's Summary This Ordinance adds Section 93.23.19 to the City's Zoning Code relating to transitional and supportive housing. The California Housing Element Law requires that `(tjransitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone." (Gov. Code § 65583(a)(5).) Consistent with the Housing Element Law, the City's Housing Element calls for the City to amend its Zoning Code to `(a]flow transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone."(PSHE Action 1.4.) This Ordinance amends the Zoning Code accordingly. Further, the Housing Element Law defines "supportive housing" (Gov. Code § 65582(h)) and `transitional housing" (Gov. Code § 655826)). This Ordinance amends the Zoning Code to adopt these definitions. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan requires that the zoning code be amended to include definitions and standards for transitional and supportive housing. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1460 ZTA was given in accordance with applicable law. C. On December 12, 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 7 to 0 to recommend approval of the proposed amendment. D. On January 9, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. Ordinance No. 1974 Page 2 E. The proposed Zone Text Amendment is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. 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. G. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Implement Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan; and 2. Provide compliance with California Government Code Section 65582 and 65583. 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. Add Section 93.23.19 to the Palm Springs Zoning Code as follows: 93.23.19 Transitional and Supportive Housing A. Use and Zoning. Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. B. Definitions. For the purposes of this section, certain words or phrases used in this sedion-are defined as follows: 1. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Ordinance No. 1974 Page 3 2. "Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. SECTION 3. 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. SECTION 4. The City Council determines that the project is categorically exempt from further review per State CEQA Guidelines (California Code of Regulations, Section 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 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).] A Notice of Exemption (NOE) will be posted should the Ordinance receive final approval. SECTION 5. 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. PASSED, APPROVED AND ADOPT THE PALM SPRINGS CITY COUNCIL THIS 23RD DAY OF JANUARY, 2 9. ROBERT MO MAYOR ATTEST: HONY C CITY CLERK Ordinance No. 1974 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 1974 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held the 9th day of January, 2019, and adopted at a regular meeting of the City Council held on the 23'd day of January, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, and Mayor Moon NOES: None ABSENT: Mayor Pro Tern Kors ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ' 1 e*- day of ' 2019. �NtHONJJ. C CITY CLE K