HomeMy WebLinkAboutOrd 731 ORDINANCE NO. 731
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA,
APPROVING AMENDMENTS TO SEVERAL CHAPTERS OF THE
ZONING CODE AND THE ZONING MAP TO IMPLEMENT THE
HOUSING ELEMENT OF THE GENERAL PLAN TO ALLOW
TRANSITIONAL AND SUPPORTIVE HOUSING AS RESIDENTIAL
USES SUBJECT ONLY TO THE SAME STANDARDS AND
PROCEDURES AS APPLY TO OTHER RESIDENTIAL USES OF THE
SAME TYPE IN THE SAME ZONE, IN COMPLIANCE WITH STATE
LAW.
WHEREAS, the State of California adopted Senate Bill 2 (SB 2), which became
effective as portions of Government Code Section 65583 on January 1, 2008; and
WHEREAS, SB 2 makes certain requirements of cities and counties with respect
to the permitting of emergency homeless shelters, supportive housing and transitional
housing; and
WHEREAS, cities and counties that had not already codified the certain
requirements of SB 2 as of January 1, 2008, must include in their respective Housing
Elements a program to implement the requirements of SB 2; and
WHEREAS, SB 2 requires supportive and transitional housing, as defined, as
residential uses subject only to the same standards and procedures as apply to other
residential uses of the same type in the same zone, in order to comply with State law;
and
WHEREAS, the City's current Municipal Code places more restrictions on
supportive and transitional housing, than other residential uses of the same type in the
same zone; and
WHEREAS, the City Council deems it desirable to amend the Municipal Code to
be in compliance with State law; and
WHEREAS, the City, acting as Lead Agency, has determined that the proposed
Ordinance will not have a significant impact on the environment and is exempt from the
California Environmental Quality Act (CEQA) pursuant to Title 14, Chapter 3, Section
15061(b)(3) of the California Code of Regulations; and
WHEREAS, following a duly noticed public hearing on November 20, 2013, the
Cathedral City Planning Commission recommends that the City Council approve the
Zone Ordinance Amendment and Exemption to CEQA; and
WHEREAS, following a duly noticed public hearing on December 11, 2013, and
after hearing all testimony, the City Council approved the Exemption to CEQA and this
Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
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SECTION 1. RECITALS
The above recitals are true and correct and are incorporated into this Ordinance
by this reference.
SECTION 2. AMENDMENT OF SECTION 9.12.020 THE CATHEDRAL CITY
MUNICIPAL CODE
Section 9.12.020, of Chapter 9.12 titled Residential Estate, of the Cathedral City
Municipal Code is hereby amended to read as follows:
9.12.020 Permitted uses.
Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Small family day care homes.
Transitional housing
Supportive housing
SECTION 3. AMENDMENT OF SECTION 9.14.020 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Section 9.14.020, of Chapter 9.14 titled Single-Family Residential District, of the
Cathedral City Municipal Code is hereby amended to read as follows:
9.14.020 Permitted uses.
Home occupations;
Large family day care homes;
One one-family dwelling per legal lot;
Parking lots; as provided in Section 9.14.090;
Small family day care homes.
Transitional housing
Supportive housing
SECTION 4. AMENDMENT OF SECTION 9.16.020 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Section 9.16.020, of Chapter 9.16 titled R2 Multiple-Family Residential District, of
the Cathedral City Municipal Code is hereby amended to read as follows:
9.16.020 Permitted uses.
Home occupations;
Large family day care homes in one-family dwellings only;
Multiple dwellings;
One-family dwellings;
Small family day-care homes in one and two-family dwellings only;
Two-family dwellings(duplexes).
Transitional housing
Supportive housing
SECTION 5. AMENDMENT OF VARIOUS SECTIONS OF CHAPTER 9.18 RM
(MULTIPLE-FAMILY RESIDENTIAL)
A. Section 9.18.020, of Chapter 9.18 titled RM Multiple-Family Residential
District, of the Cathedral City Municipal Code is hereby amended to read as
follows:
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9.18.020 Permitted uses.
Home occupations in one and two-family dwellings only;
Multiple dwellings;
One-family dwellings;
Small family day-care homes in one-and two-family dwellings only;
Two-family dwellings (duplexes).
Transitional housing
Supportive housing
B. Section 9.18.030 is hereby amended to read as follows:
9.18.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses and transient occupancy facilities such as emergency
housing;
Churches, convents, monasteries and other religious institutions on a
minimum of two acres;
Day-care center;
Dwelling, second unit; provided only one single dwelling unit exists on the
recorded lot, and further provided that the dwelling meets the definition of a
second unit dwelling as defined in Section 9.08.020, and there is at least one ten-
foot by twenty-foot parking space designated specifically for the second unit
dwelling. The second dwelling may be placed in the required rear yard, provided
the unit is not within five feet of any property line nor covers more than fifty
percent of the required rear yard area;
Large family day-care home in one and two-family dwellings only;
Mobile home park;
Parking lots serving developments approved in an abutting commercial
zone, sharing a common property line (or alley) with said proposed lot provided
access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission
lines serving only the immediate area are permitted without a conditional use
permit;
Schools, either public or private, but not including business or trade
schools;
C. Section 9.18.170 shall be deleted in its entirety.
SECTION 6. AMENDMENT OF VARIOUS SECTIONS OF CHAPTER 9.20 R3
MULTIPLE-FAMILY RESIDENTIAL
A. Section 9.20.020, of Chapter 9.20 titled R3 Multiple-Family Residential
District, of the Cathedral City Municipal Code is hereby amended to read as
follows:
9.20.020 Permitted uses.
Hotels and motels;
Multiple dwellings.
Transitional housing
Supportive housing
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A. Section 9.20.030 shall be amended to read as follows:
9.20.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses and transient occupancy facilities such as emergency
housing;
Churches, convents, monasteries and other religious institutions on a
minimum of two acres;
Day-care center;
Dwelling, second unit; provided only one single dwelling unit exists on the
recorded lot, and further provided that the dwelling meets the definition of a
second unit dwelling as defined in Section 9.08.020, and there is at least one ten-
foot by twenty-foot parking space designated specifically for the second unit
dwelling. The second dwelling may be placed in the required rear yard, provided
the unit is not within five feet of any property line nor covers more than fifty
percent of the required rear yard area;
Hospitals;
Parking lots serving developments approved in an abutting commercial
zone, sharing a common property line (or alley) with said proposed lot provided
access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission
lines serving only the immediate area are permitted without a conditional use
permit;
Schools, either public or private, but not including business or trade
schools;
B. Section 9.18.170 shall be deleted in its entirety.
SECTION 7. AMENDMENT OF VARIOUS SECTIONS OF CHAPTER 9.22 RH
MULTIPLE-FAMILY RESIDENTIAL
A. Section 9.22.020, of Chapter 9.22 titled RH Multiple-Family Residential
District, of the Cathedral City Municipal Code is hereby amended to read as
follows:
9.22.020 Permitted uses.
Hotels and motels; and
Multiple dwellings.
Transitional housing
Supportive housing
B. Section 9.22.030 shall be amended to read as follows:
9.22.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
Boarding houses and transient occupancy facilities such as emergency
housing;
Churches, convents, monasteries and other religious institutions on a
minimum of two acres;
Day-care center;
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Dwelling, second unit; provided only one single dwelling unit exists on the
recorded lot, and further provided that the dwelling meets the definition of a
second unit dwelling as defined in Section 9.08.020, and there is at least one ten-
foot by twenty-foot parking space designated specifically for the second unit
dwelling. The second dwelling may be placed in the required rear yard, provided
the unit is not within five feet of any property line nor covers more than fifty
percent of the required rear yard area;
Hospitals;
Parking lots serving developments approved in an abutting commercial
zone, sharing a common property line (or alley) with said proposed lot provided
access is not permitted onto the residential street;
Planned unit developments;
Private recreational facilities where the recreational facility is the main
use, and ancillary commercial uses;
Public parks and recreation facilities;
Public utility structures and public service facilities; however transmission
lines serving only the immediate area are permitted without a conditional use
permit;
Schools, either public or private, but not including business or trade
schools;
C. Section 9.22.170 shall be deleted in its entirety.
SECTION 8. AMENDMENT OF SECTION 9.24.030 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Section 9.24.030, of Chapter 9.24 titled RR Resort Residential District, of the
Cathedral City Municipal Code is hereby amended to read as follows:
9.24.030 Discretionary uses.
A. Uses Requiring a Planned Unit Development(PUD) Permit. All uses requiring a
division of land require a planned unit development permit, including, but not limited to:
1. Condo hotel;
2. Timeshare;
3. Multiple dwelling units.
B. Uses requiring a Conditional Use Permit(CUP). All uses not requiring a division
of land require a conditional use permit, including but not limited to:
1. Hotel;
2. Motel;
3. Bed and breakfast inn;
4. Recreational vehicle park;
5. Restaurant, except drive-thru(s);
6. Ancillary commercial;
7. Convenience food store;
8. Home occupation;
9. Public or private park;
10. Recreational uses such as a tennis club, health spa, conference or meeting room
or facility, golf course, or driving range;
11. Public utility structures and public service facilities;
12. One-family dwelling;
13. Two-family dwelling;
14. Multiple dwelling.
15. Transitional housing
16. Supportive housing
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SECTION 9. AMENDMENT OF SECTION 9.25.020 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Section 9.25.020, of Chapter 9.25 titled DRN Downtown Residential
Neighborhood District, of the Cathedral City Municipal Code is hereby amended to read
as follows:
9.25.020 Permitted uses.
The following uses shall be permitted in the DRN district:
Home occupations;
One-family dwellings lawfully in existence as of July 1, 2002, subject to Section
9.25.055;
Multiple-family dwellings on a minimum lot size of twenty-one thousand square
feet;
Transitional housing
Supportive housing
Occupational activities within a live/work unit subject to the approval of a
live/work permit. Such activities shall not have excessive emissions, exhausts,
noise, vibrations, dust, heat, odors, or glare;
Other similar uses as are approved by the planning commission
SECTION 10. AMENDMENT OF SECTION 9.31.030 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Section 9.31.030, of Chapter 9.31 titled MXC Mixed Use Commercial, of the
Cathedral City Municipal Code is hereby amended to read as follows:
9.31.030 Conditional uses.
The following uses may be permitted subject to the issuance of a conditional use
permit pursuant to Chapter 9.72:
Antique, exotic or specialty vehicle sales/
service;
Bar and nightclub, including establishments providing entertainment or permitting
dancing and those serving alcoholic beverages not ancillary to food service;
Community center;
Drive-through facility, subject to provisions in Section 9.31.055;
Movie theater;
Performing arts facility (more than one hundred seats);
Auditorium;
Commercial recreation facility;
Dry cleaner, laundry agency and self-service;
Multiple-family residential, maximum density as described in the downtown
residential neighborhood (DRN) zone. When residential is located above commercial
uses, access shall not be provided through the commercial use;
Membership club and lodge;
Parking lot, surface or garage;
Open air kiosk;
Professional offices, including government, medical, dental or chiropractic
(ground floor only);
Psychic service;
School (second floor or above);
Place of worship or similar institution;
Single room occupancy facilities, on the second floor or above;
Transitional housing
Supportive housing
Other such similar uses as are conditionally approved by the planning
commission.
Page 6 of 8
SECTION 11. AMENDMENT OF VARIOUS SECTIONS OF CHAPTER 9.56
P/IH INSTITUTIONAL HOUSING OVERLAY DISTRICT
A. Section 9.56.030, of Chapter 9.56 titled P/IH Intuitional Housing Overlay
District, of the Cathedral City Municipal Code is hereby amended to read as
follows:
9.56.030 Permitted uses.
Any permitted use in the I-1 district;
Emergency homeless shelters;
B. Section 9.56.080 is hereby deleted in its entirety.
C. Section 9.56.090 is hereby deleted in its entirety.
SECTION 12. AMEND THE ZONING MAP
The Zoning Map is hereby amended to implement the above.
SECTION 13. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading by the
City Council.
SECTION 14. POSTING
Within 15 days after its passage, the city clerk shall cause each ordinance to be
published at least once, with the names of those city council members voting for and
against the ordinance, in a newspaper of general circulation published and circulated in
the city, or if there is none, he or she shall cause it to be posted in at least three public
places in the city or published in a newspaper of general circulation printed and
published in the county and circulated in the city. A summary must be prepared and
sent to the Desert Sun.
SECTION 15. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be published according to law.
THIS SECTION LEFT INTENTIONALLY BLANK
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The foregoing Ordinance was approved and adopted at a meeting of the City Council
held on January 15, 2013, by the following vote:
Ayes: 4 Dc- R v(1 , U(A -p-fz , 1-1C✓1vvi , I01e5
Noes: O
Abstain: 0
Absent: I pc-41 J
as leen J. DeRo=a, Mayor
ATTEST:
i ' 1 , D p-t J
ary Howell, Cit a lerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Atthit alt0
Charles R. Green, City Attorney Leisa Lukes, usiness Development
Manager
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