BACKGROUND:
On August 24, 2022, the City Council conducted a public hearing where the Ordinance was introduced and provided first reading. At the introduction of the item, Councilmember Gregory recused himself from the discussion of the change of zone and rejoined for the discussion on the zoning ordinance amendment. Therefore, for the second reading, the item is being presented as two items to allow separate motions for each Ordinance. The relevant attachments have been attached to each item.
However, the staff report has not been revised and any reference to attachments refers to the single staff report and attachments as presented for the first reading at the August 24, 2022 meeting.
Housing Element Update
On May 25, 2022, the City Council adopted the Housing Element Update (General Plan Amendment No. 20-001) for the 2021-2029 planning period. Housing Elements are a means of increasing the overall supply and affordability of the housing stock by conserving and improving the condition of existing housing, removing regulatory barriers to housing production, and addressing special needs housing. Typically, within 2 years of adoption of the Housing Element, a comprehensive update of the City’s Zoning Code (Title 9 Planning and Zoning) and Zoning Map are to be completed to ensure zoning consistency with the General Plan and Housing Element and to remove governmental constraints to the provision of all housing types. However, SB 197 was signed into law on June 30, 2022, requiring that the rezoning be completed by October 15, 2022.
General Plan Update
On July 28, 2021, the City Council adopted the 2040 General Plan Update (General Plan Amendment No. 18-002) including updates to the City’s Land Use Map. The General Plan is intended to ensure that the City’s existing and planned pattern of land uses, transportation infrastructure, and other areas of community planning are compatible with long-term physical and regulatory environments and the changing and evolving economy. This is the first comprehensive update to the General Plan and Land Use Map since 2002 and requires the City’s Zoning Map be updated for consistency with the Land Use Map.
Municipal Code Comprehensive Update
One of the Council’s goals for 2022 is to complete a comprehensive update of the Cathedral City Municipal Code (CCMC) commencing with Title 9 (Planning and Zoning).
Planning Commission
The Planning Commission held a public hearing on July 20, 2022, and unanimously approved the adoption of a Resolution recommending that the City Council approve Zone Ordinance Amendment No. 22-002 and Change of Zone No. 21-001 with the following additions:
1. Short-term vacation rental (STVR) be added as a prohibited use in the R1 and R2 zoning districts.
2. STVR be added as a permitted use in the RR zoning district.
3. Include the existing Chapter 5.96 definition of STVR in Title 9, Chapter 9.08 (Definitions).
The revisions have been made and are included in the attached draft Title 9 document (Attachment 3).
Cannabis Regulations Update
On August 10, 2022, during a follow-up study session discussion on cannabis regulations, the City Council directed staff to proceed with revisions to Title 9 to permit dispensaries with outdoor consumption lounges, with the requirement that they be located a minimum distance of 250 feet from the RR (Resort Residential) zoning district.
The revisions have been made to the draft Title 9 document.
DISCUSSION:
Housing Element Update
Through its policies and programs, the Housing Element identified changes to be implemented in the Zoning Code and Zoning Map including:
1. Allow transitional and supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code Section 65651.
2. Update the Zoning Map to include the P/IH overlay zone.
3. Update emergency shelter parking standards per Government Code Section 65583 (a)(4).
4. Add ministerial considerations for second dwelling/accessory dwelling units and permit by-right in residential zones pursuant to Government Code Section 65852.2.
5. Update the definition of “family” to remove the limit of five unrelated persons.
6. “Group homes” shall be defined and allowed in all residential zones by-right in the same manner as other residential uses.
7. “Employee housing” shall be defined and permitted by right if 6 or fewer dwelling units, 7 or more dwelling units will be permitted per similar dwelling types of the same size in the same zone.
8. “Manufactured homes” should only be subject to the same development standards that a conventional single-family residential dwelling on the same lot would be subject to, with the exception of architectural requirements, for roof overhang; roofing material; and siding material (Gov. Code, § 65852.3, subd. (a)). However, any architectural requirements for roofing and siding material shall not exceed those which would be required of conventional single-family dwellings constructed on the same lot (Gov. Code, § 65852.3, subd. (a)).) The proposed revisions to the Zoning Code, included as Attachment 3 with red lettered strikeout and underline to identify the revisions, remove these constraints. In addition, a change of zone is required for two sites, identified as sites #6 and #9 in the Inventory of Available Vacant Land (Table 37) of the Housing Element, and shown on Attachment 4, to accommodate high density residential (R3 Multiple Family Residential) and meet the City’s RHNA (Regional Housing Needs Allocation) allocation.
General Plan Update
In addition to corrections and refinements to the Land Use Map, land use changes were also approved for specific areas (Attachment 5), that require the Zoning Map be revised for consistency:
1. North Landau Blvd (north of the Verano community)
2. North DaVall Dr (south and north of I-10)
3. South of East Palm Canyon Dr, Perez Rd and Canyon Plaza
4. North City Specific Plan Extended, west of Bob Hope
5. Downtown area, north of East Palm Canyon Dr
6. Bankside Dr at East Palm Canyon Dr
7. Southeast corner of Vista Chino and Landau Blvd
8. West side of Date Palm Drive, between Ramon Rd and Dinah Shore Dr The Proposed Zoning Map (Attachment 3) reflects these changes. Additionally, the Zoning Code was reviewed for consistency with the General Plan and proposed revisions include the elimination of zoning districts (CBP-1 Commercial Business Park – Limited and BB Bed and Breakfast Inns) no longer used and clarification of development standards and density requirements.
Municipal Code Comprehensive Update
This is the first phase of updates planned for Title 9 (Planning and Zoning) and primarily focused on corrections, refinements, and revisions for legibility. However, the proposed revisions do address non-conforming multi-family uses, added the cannabis parking standards previously adopted by the Planning Commission, added regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units, and added uses previously approved through similar use determinations. The next phase will focus on consistency with recently adopted State laws and regulations.
ENVIRONMENTAL REVIEW:
A Final Environmental Impact Report (FEIR) was certified for the 2040 General Plan Update, a Negative Declaration was adopted for the Housing Element Update, and the proposed additional minor amendments to the CCMC are exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines 15061(b)(3) on the grounds that it can be seen with certainty that these amendments do not have the potential to cause significant environmental impacts. Moreover, any future environmental impacts will be evaluated during the review of all project applications.
PUBLIC NOTIFICATION:
A public hearing notice was published in accordance with the City Municipal code and CEQA.