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HomeMy WebLinkAboutZOA 08-392 HILLSIDE RESIDENTIAL 2008 t, CIIY 01 P 0 L M OCSERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 2.6 0-2 57 8 TEL: 760 346-o6n FAX: 760 340-0574 info@palm-desertorg ra.y C/\r1"� a\e `j. y TO: CJPIA (c/o CARL WARREN & CO.), CITY MANAGER, CITY ATTORNEY,q'o ACM FOR DEVELOPMENT SERVICESi DIRECTOR OF COMMUNITY 'F . DEVELOPMENT, RISK MANAGER 's'1V�:�ZS FROM: CITY CLERK a .0 DATE: OCTOBER 23, 2008 tI A��t SUBJECT: CLAIM NO. 633A-B - CLAIM AGAINST THE CITY BY BARRACUDA, LLC,I �/ AND MR. & MRS. DAVID NELSON IN AN UNSPECIFIED AMOUNT �t 19 D¢` C, o���ed The attached Claim No. 633A-B is being transmitted to you for the following: S ❑ Information only. p( r ok or -k<� \ y r \� -, Review and recommendation to the Claims Review Committee for any action required by the City of Palm Desert. LP We would appreciate your report, if requested, by November 24,2008,fortimely response IV[\ to the Claimant. 0 l Oss2t�7 RACHELLE D. KLASSEN, CMC CITY CLERK Attachment (as noted) L^�nonoonmwarun CITY OF. PALM DESERT ASSIGNED CLAIM NO. SLOVAK BARON &Emmu2 ATTORNEYS A 'T LAW ON DAvol-BAaawnx 1600 E.TAHOUrTZ CANYON WAY, PALM SPRINGS. CA 92262 ORANGE COUNTY OFFICE MA=rkD DA Em PHONE(760)322.227S FAX(760)322.2107 650 TOWN CENTER DRIVE,SUITE 1400 JASONCOSTA MESA.CALIFORNIA 92626 FM M BOCNNc^vILFI D.DABANEW PHONE(714)435.9591 FAX Gl4)S50.9011 E'IF/1 OIARLES L OALA m MAURUN ROUWAN SNAUNM.MURM MI D.CNIdPUC GUD HMA.NICN1U OP COUNgI. mmm MEYEA9.9.C. H.NFAL Wnu N v October 21,2008 r -- . V rn VIA FACSEWLE (760) 3414098 and U.S.11LL411 `" �. M _ Chair and Members of the City Planning Commission - r ' Mr. Van Tanner Mr..Russell.Campbell cn Ms. Sonia Campbell Ms. Connor Limont Ms. Mary Schmidt 73-510 Waring Drive Palm Desert CA 92260 Rc: Oblection to Zoning Ordinance Amendment Removine Optional Preliminary Approval Procedure Dear City Planning Commission Members: Norman E. Matteoni of the law offices of Matteoni' O'Laughlin & Hechtman and I represent Barracuda, LLC and its members Bruce Kuykendall and David Baron, and Mr.& Mrs. David Nelson property owners in the City of Palm Desert who have previously utilized the Optional Preliminary Approval Procedure now existing in Palm Desert's Hillside Zoning Ordinance. Our Clients oppose the proposed Zoning Ordinance Amendment that will delete Section 25.15.10 entitled "Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The purpose of the existing procedure is to provide citizens an efficient and reasonable procedure to determine, prior to the expenditure of substantial sums including architectural plans, whether a proposed site location would be acceptable to the City. In connection with David Nelson's application, City staff acknowledged that this procedure benefited all concerned and particularly land owners who wished to obtain preliminary direction and approval by the City before further engaging in substantial expense. Specifically,Mr. Stendell acknowledged that this procedure "...give[s] the applicant some certainty where the applicant could build his house, City Planning Commission October 21, 2008 Page 2 because the Hillside Planned Residential zone was very strict and they wanted to make sure they were encouraging people to propose developments consistent with the zone. " [See Planning Commission Minutes of June 3, 2008]. Our clients and their counsel believe there is no justification to adopt the present amendment and every reason to keep it in place. This is to confirm that any such amendment would not apply retroactively and, specifically would have no application to our clients. As the Planning Commission and the City are well aware, restrictions have now been placed on the development on, our clients' hillside property that effectively renders it valueless and constitutes, in our opinion, an unlawful taking of our clients' property through inverse condemnation. While our clients intend to proceed to exercise their rights and remedies in that regard, they hereby object to any interpretation or suggestion that this amendment, if passed, would be applied to them retroactively. Sincerely, SLOVAK B ON& EMPEY LLP Thomas S. Slovak TSS/cml Cc: Barracuda LLC Mr. &Mrs. David Nelson CITY of PfllM DESERI 73-510 FREO WARING DRIVE PALM DESERT', CALIFORNIA 92260-2578 TEL- 760 346—o6u FAX: 760 341-7098 info@palm-desen.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. Na" permits shall be issued until final approval is, obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval will.no longer be available for property owners in the Hillside Planned Residential Zone. ' PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 :Y project and/or negative declaration is available for review in the Department of i 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 at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission y. . III11111III 141,111,111,11 I I I I I III I I I I I II I[III II III I I I I I I IT I I BLST.rryryyry�j L LE-60-09%60-1109Ufi 660LSS09uZe amummod 01 319tlNR NMONN lON - o3.LdW3"Id Z6£-SOVOZ 'ON aSeO Z130N3S O.L NZIMMU _ - LaO/EZ/OT 00 T 3a Tb6 3IXIN f 9ZI76 VD OOSIDNdNd NVS 617bZ X09 0 d ` S3N0f AN Q70MWV vl cs a��z t.oa-lolly a P vr4,�an oZ.� II gq09Z�6 V0 '1J9s94 wled 9nuObuueM P9Jd MCL lu9wd0j9n9a Rliunwwoo to luewyed9a `'`*Z��+�� 1a3S34 Wlb'd j0 Alit .`�� C11Y of PRA OHIRI 73-510 FRED WARING DRIVE < s PALM DESERT, CALIFORNIA 92260-2578 TEIA 760 346-o6n FAx: 760 341-7098 info@palm-d"ert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. Alo r permits shall be issued until final approval is, obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval w�l no longer be available for property owners in the Hillside Planned Residential Zones PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 conceming 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 at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission i ti or !I n ,u 1 11.111 w e • lbw a .I 1, ,u .....,<.,, ^•y}j- '�+.e.�••�t'{ -^�� I l f. f 1 i I t t f"! tt [NI`=.1,...,,..,. Ifli_ II_ II ! I I I III A v Sn Z6£-80 `dOZ 'oN OSED I,I Nn31I(I3dX3 }'l V IOAN38 II M3QN3S 01 W138 asa�awooNiz aesasaysg/>i,�;�a7araoari�:se�axaav€ � 0 0 L-7) 'dlllddtltthfnitff,yl�ihll'I'tlil'lliilli�t,lifli a ` ,� �' m Z 0 . oZL 00 $ zZs VO 'yasad w{ed c anua 6uueM Paid 0L5£L ' + yuawdo{anap Apunwwoo jo luawlieda4 4 {. i (. f ( ( ( } l'''•k'' rdvx':m •• ILRisS: �J 1M3S30 WTdd :10 u13 "�{ on C11Y OF PRIOR DESERT 73-510 FRED WARING DRIVE ,• _ PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6n FAX: 760 341-7098 info@palm-dcurr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval • frbm the planning commission which will assign the appropriate development stagdard r option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is. obtained. (Ord. 1046A § 3 (Exhibit B (pad)), 2004) . �. This section will be removed from the ordinance and the optional preliminary approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to, the public hearing. laian PUBLISH: Desert Sun Lauri A y Secretary October 10, 2008 Palm Desert Planning Commission m,lllll!rinl!1►11!1►1111!4!! _�_ ��. . . _ ..�.� II 09226 vsn II Z6£-80VOZ 'oNaseO Nn31Ia3dX3el tl IOAN38 N30NAS Ol N2!(113N RlHgdNO3NI $99HHa@ // Hl2gdD ODNI 998naar if �dllhh!!Illhhul!l��d�ddl�ll!I1111�!Ilu!.nll� o ^, 0 DgZZc 100042ra08d031[Vn , oZL'00 $ ° '` 09ZZ6 VO 'yasao wled anus 6uueM P OML - e'F s ,f f ff juawdolanap RliunwwoO 10 juaroyedad fit [ f. f l f r' c'l,=1 n�;k r' ti« ". 1113S30 WlVd d0 A113 ! ! s t ! r ! ! �'�G r���•i'a`'�c �-`t,::!.!, .fir ��! orx � C ( IV 01 PfllDl DESERT ,.- 73-510 FREI)WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL- 760 346-o6u FAX: 760 341-7098 info@palm-deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CI TY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. NZ) permits shall be issued until final approval is, obtained. (Ord. 1046A § 3 (Exhibit B (part)) This section will be removed from the ordinance and the optional preliminary approval will 7 no longer be available for property owners in the Hillside Planned Residential Zone. . - PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission 1 f . � a � � s I(II1411(TI III itIIIM(I(it LG-60-b0960-b09c,+e� 6&QLSS09T.T.6 :OO ONX JLON 01 alatIMJ-dwa.L 11 NMONN lON - 031dW311tl d3ON3s 01 Ndrt13d Z6£-80 VOZ 'oN asLD QO/OL/OT 00 T 30 V1,6 3LX.IN - -4 I0SZ6 VD 3QIS213ARI CD OZOI 31S IS NIVW L£L£ QMAO .c- "Gf 3�r3')d.2 y;Qtt3 t131:4a �� xr•,; � . f. `} 09ZZ6 V3 1JEOS9p wled fly y, anup 6uueM PaJA 069EL Y juawdoIanaa Fjiunwwoo Io auawpedaa � j� 1MMM WIVd d0 A110 ��� CIIY Of PH [ M DESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92.260-2578 TEL: 76o 346—o6ii FAX: 760 341-7098 info@palm-dcscrt.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE , ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval ,from the planning commission which will assign the appropriate development standard f option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is, obtained. (Ord. 1046A § 3 (Exhibit B (part)), 20 This section will be removed from the ordinance and the optional preliminary.approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to, the public hearing. PUBLISH:_, . Desert Sun Lauri Aylaian, Secretary ^October 10, 2008 Palm Desert Planning Commission • bA III ICI ICI(III II(tIitPVIII[I141111(1VlTIVIMEitII e4szoo9 L6-60-S L060-4095 66GzszO9Sc.6 :OH aatlPlaO� al 310tl Nn ti• O3ssaecaw su 310tltl3AT130 LON a3aN3s oj. Nanl3tl Z6£'90 VOZ 'oN aseO GO/TTfni nn T an ' T`CTW 09ZZ6 VD lXgSgG MW bL AVANHDIH 01799V C7 IIYfld Nd'3S i` aQzzo �oo� r:oada�cvra , 09ZZ6 VO 'vasad wled anliQ 6uueM Paid OL5£L v � lu9wd0l9n94 Allunwwoo Io luawlieda4 i , �' 1219S30 WlVd d0 A110 �.� CITY Of PH M RI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6u FAX: 760 341-7098 info@palm-desen.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations.- No permits shall be issued until final approval is. obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval wig no longer be available for property owners in the Hillside Planned Residential Zane: PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission i I .ti IIIuu�I�IuI�IiIuII�rtIiIiI�I�Inn�IIuII�IiI�il�InnI�II OtS�IDQ.9.��S-_: .-.:.-.� 6MON3S Ol NUML3N , s V094-L94TS WO OINVINO 3Afd NVW"1'I3H S OOST ON3S Ol Nltl dX3 3WI1 OadMUO.J Z6£-80VOZ 'oNase3 ....QQLEQ/QT .00 I,L04 . 'F. BAN .BZ6 X__. . ........_.. . ..... .. . . . ........ .. .._.._..__.. .. -.a.. .._ .. ......._ _ ..._.. ..._... L59Z6 VD H:)V3H IXOdM9N WI ODV'I3dIHDNV b8 QNVIOA f A-MRA99 � 09ZZ63003cozrnoaA031row OV7,09 S V� ZO 09ZZ6VOIJ9saQmled 9nu4 6uueM Paij 01:5£L g}+ �uawdoIanaa Apunwwoo;o juawUedad g �a SOP 1213S30 WIVd d0 A110 .%i : � CIl V (1F Pfll (ll 0ESERI 73-510 FKED WARM; DRIvi.. PALnt DF. ERI', CALIFORNIA 9226o-2578 TEL: 760 346—o611 FAX: 760 341-7098 in(o(wpalmJacrt.urg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.1M OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Qrdinaoce Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside PAnned Residential Zones within the City of Palm Desert. 1 R.UBLV, HEAR%NG: { , •°`SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California l _ Vill14"I,inIiI"III III I"I I I i,I411111"'II"'If I fill ITII I I Wcd � 5666�09z�6 ��SS3b+ Qepo MMXAM J WOJ 33SSMZyCQ ib ltlNI9Q O' .40: 7 baJ.SWWISOd 01 N&1Q1 .,�7CP1 ©t�R 31XJ NO NMCUNO ONI02l17 � ON ����OS FSi290a0aON'oa3M CrGl 3Ot SIldeV Z O 09ZZ6 V3 LN9S9e-IVd bL XVAAH£�I Ob9Sb IIb,dV NVRS JSLZti 3arjoe..L W oul OTIP"I oZv'Co 09336 VO 'uasaa wled r anud 6uueM P9JJ 0 LS£L °y ° luawdolanaafiiunwwoojoluawUedap 1H3s3Q WIVd d0 A113 �.� .: ��-. C11Y CE NflE �i DESEf� { 73-510 Fkci>WARING DRIVE, PALm DF.SERI', CALIFORNIA 9226o-2578 TEL. 760 346—o6n FAX; 760 341-7098 info(4 palm-&exi c a% CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to' submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. • The4.'ity of Palm Desert Community Development Department is proposing a Zoning ! Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOON: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: 1 SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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.rn. 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California i ur�RTIIII i t i W,"0 ly;............1111...................... u � nn 1 '.�*'�•J._:2�w s;•`Y'°�.•�'$•'-'•i=. II vsn II 09226 tl 0 Z6£-80 b'OZ 'oN aseD ?jn31IG3dX3 ,1 tl IOAN3d 834N3S O1 N21f1138 as.a�axo�xx aeeaxae // asa�axooxi esaxaar ry - �dlllili��lil!i!iii!!��+d�ildllllllll�lli�uil.ul,h., . .� _ _ '�� v.0 � vv���v aval Wu V �l lV Y u�LL � K� / J y G'� csZZa anoau:Zrva-1a91.,mea N : OZL 00 S 0MW tlO,�asaa wie5) _ Gra w. �., a yr aniad Buuea�� OLSEL ! l tlflt J luawdolanaa Al!unwwoo jo luawueda4 1!l3S3a W'lVd d0 A113 S 1 1 i 1 1 1 .YA T�.,�q.� '� < n�`1 �.� ,1• I; Y..�l�•^ id _ ai.1 F' 73--510 FRED WARIN<i DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6u RAR: 760 3.41-7098 in(ol•Ppalmdrmrt.,irg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard. option, determine density, and identify building sites, access roads and locations. T of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: Searing will be held on Thursday, November 20, 2008, at 4:00 p.m. in the Council ber 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 City Council at, or prior to, the public hearing. k 4 PUBVSH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California I • III""'1'I"1'I'I"II"'I'I'I'i'1""'Il"II'I'i"I'I""I'Il eLsamosza6 9S-®T-S6960-Lb BZt- 66fdL^.�09^'".L6 �O[I QMt0MNOJ Ol 31©HNn OMSSMMOOC' SW M'laWtiMAX 13O ION 'j ON OSED Nma N3S Ol Nadniam solSTITT OO T 30 QOS 3IXIN 19909'II O`OdOIHO £OZ 31S QH.LSTVII N 9ZI VONdrIUV'dNVNI :19Z&6 3tlOOd1 Y`:Ui➢j O3l7V9tl - e� anua 6UIleM Paid 0LS£L b a4 Iuawdolanaa Apnwwoo Io IuawUedap 183S30 WlVd d0 Al13 a 73-510 FRED WARM; DRIVE PALM DESERT, CALII.ORNIA 92260-2578 TEL: 760 346-o6n FAX: 760 341-7098 inroL palm-dcsert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: I Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to II submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Ordina,ce Amendment that will delete Section 25.15.130, Preliminary Optional { Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. NE50C HEARING: SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California i fib-LO-ZOfiLO-bQbc•;c 6&8LT2.OSuS6 �06 ❑L O 01 3-I WMI \ rn NMONM -L lON - 031dW311ti a130NMS Ol Ntl(1132i 06/OOF�fi 00 30 @e,8 3%XIN ,✓,.J ME-$O VOZ ON aSeO _-a I09Z6 VD 3QISN9ARI OZOT R.LS IS NIVW L£L£ QMAD E: .. So - ]NLL6 3000d:Z�AMj O37t�':i �"" DZ17'00 S 09336 VO '119SaQ weed anuQ 6uueM pall O L9SL �ya+y Iuawdolanaa Apunwwoo 10 juawUedap 1113SM WIVd d0 A110 �.� : �w =� CI1Y DE � flE �I DESEC� ( x� 73-510 FKED WARINc DRIVE: PALM DESER'1, CALIFORNIA 92260-2578 TEL! 760 346-o6n FAX: 760 341-7098 i nfulapal m-dcu rt.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional 1. Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. . , PALIC HEARING: SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California � r III TI fit TIIIu(I(if I(fill II (fit "II(it III IUHIIIII 06-40-E6ST.S-1b,ovc* 66049co9SL"6 06 oaummod Ol 370VNn s S3aaaty 1N3Z3xZfdnsNI g a30N3s of Nanl3a Z6£-80 VOZ 'oN aseO 60/ESlST a0 T 3a E8fi 3IXIN � - G ZOV99 NW SI1Odd3NN1W IV➢N J-0100IN 008 = �' M90NI-41HAARH I NNV'Id � Q �o ;�szzs �aGzi^:oa�a3livt7 ka ozs? VI) A-. C • Wo a09p 6u eM pa 0`9CLL .f : �4 „off juawdojanap Aliunwwo0 10 luawuedap iU3S3a WIVd d0 A1104 . � � -��� CIIY DE NflII�! � ESEI� ( 73-510 FRED WANING DRIVE PALM DESEKI, CALIFORNIA 9226o-2578 TEL: 760 346—o6n FAX: 76o 341-7098 inro0paIm-&serr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure, from the Hillside Planned Residential Zone. r /� PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. 'PUBLIC HEARING: SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California lfl,ttttltiIII tltIttil,ttVVITItttttIIIIllytlttltI(It 11111 eLsa�ios�Ls BE-LO-LBTLT-trObS.1c BB8G5LOflLL6 ��A � p OL11'fmbozi OI a-lavNn NMONN ION - 03IdN3Il!! 63ONMS OI N2inl36 Z6£-80 VOZ 'oN aseO GOIGTfLT Go T 3O Tittle m3:yTt1 9Zib6 VD OOSIONVNI NVS o 617bZ X09 O d <. S3N0f M Q'T0N-dV �7 � • v dML`:1 "Z 09M VO 48Sa w e Sri • _ anu 6U[IB d I d o 4 jo Paid OlS£L ����.�� •• luawdo!an84 Al!unwwoo jo luawUedap iU3S30 VVWd d0 A113 �.� t Y 670a el Ya6n !Dead f Council Agenda Request Meeting of November 20, 2008 1. To be considered under: Consent Calendar ❑ Resolutions ❑ Ordinances ❑ New Business ❑ Old Business ❑ Informational Items ❑ Public Hearings ® Other ❑ 2. Item Title: (Please provide the wording that should appear as the item's title on the agenda). APPROVAL OF: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.15 REMOVING SECTION 25.15.130 AS IT RELATES TO OPTIONAL PRELIMINARY APPROVAL PROCEDURE IN THE HILLSIDE PLANNED RESIDENTIAL ZONE. 3. Financial: (N/A) (a) Account/Project# (b) Amount Requested (c) In the Current Budget? (d) Appropriation Required? 4. Submitted by: Tony Ba ato Principal Planner 5. Approvals: Department Head: ACM for Development Services: un Aylaian Omer Croy City Manager: Finance Director: Carlos L. Ortega Paul Gibson CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 08-392 DATE: November 20, 2008 CONTENTS: Staff Report Draft Ordinance Legal Notice Planning Commission Staff Report Planning Commission Draft Minutes Recommendation: That the City Council waive further reading, approve Zoning Ordinance Amendment 08-392, and Pass Ordinance No. to second reading, which will remove Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. Executive Summary: Approval of staff's recommendation will approve a Zoning Ordinance Amendment removing an optional preliminary approval procedure from the Hillside Planned Residential Zone. This optional process was intended to streamline processing of development plans for the hillside, but has not proven to be effective in reducing the time, costs, or work efforts required of applicants. I. PLANNING COMMISSION ACTION: On October 21, 2006, the proposed Zoning Ordinance Amendment was presented and recommended for approval by the Planning Commission. The commission approved it on a 3-2 vote, with Commissioners Limont, R. Campbell and Schmidt voting in favor and Commissioners S. Campbell and Tanner voting nay. During the Staff Report Case No. ZOA 08-392 November 20, 2008 Page 2 of 3 voting in favor and Commissioners S. Campbell and Tanner voting nay. During the public hearing process, two people spoke against the zoning ordinance amendment stating that it would make development in the hillside more difficult and costly to property owners. There were two other residents who asked questions about the proposed zoning ordinance amendment to get a better understanding of the request. II. BACKGROUND: Hillside Planned Residential District The purpose of the Hillside Planned Residential District is to: A. Encourage only minimum grading in hillside areas relating to the natural contours of the land avoiding extensive cut and fill slopes that result in a padding or staircase effect within the development; B. Encourage architecture and landscaping design which blends with the natural terrain; and C. Retain and protect undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in the development proposal in hillside areas. The City's Hillside Planned Residential District currently has a procedure that allows an applicant to request an optional preliminary approval of development standards relating to density, building site locations, and access roads and locations from the Planning Commission. Section 25.15.130 states: "Optional preliminary approval procedure. The applicant may choose to submit information and request preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained." Recently, the Planning Department has processed two requests for preliminary approval of building site locations. Both cases went to the Planning Commission and the City Council for review and approval. On one of the properties, a technically challenging location was identified and approved; the second request was denied in its entirety. In both cases, the use of this optional procedure has not been effective in streamlining the process for the applicant. On September 25, 2008, the City Council directed staff to initiate a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary approval Procedure, in its entirety from the Hillside Planned Residential Zone. G.Tlanning\Tony&gatoMord FlleslFarmats'Smff Repons20A\08-392\City CmndgZOA M-392 PC Staff Report 2.dm Staff Report Case No. ZOA 08-392 November 20, 2008 Page 3 of 3 III. DISCUSSION: Section 25.15.130 currently allows a property owner to request preliminary approval of the development standard options identified above. Staff has recently reviewed and processed two such requests. The requests were difficult to process since staff did not have enough information to make a recommendation that would meet the stated purpose of the Hillside Planned Residential Zone. Without information regarding the proposed home size, architecture, color and landscaping, this section can be confusing and makes it difficult to identify and evaluate all potential impacts. In addition, once a property owner receives optional preliminary approval, he/she is still required to subsequently go through the Architectural Review Commission, the Planning Commission and the City Council for approval of the development plan and home at a later time. The optional preliminary approval does not convey any development rights. Therefore, the subsequent detailed analysis and public hearing process can require that the applicant develop a different site (or according to different standards) than was identified in the preliminary approval process. Staff believes that this section of the Hillside Residential Zone leads to confusion and is recommending that Section 25.15.130 Optional Preliminary Approval Procedure be removed in its entirety. Submitted by: Department Head: Tony Ba6ato uri Aylaian —� Principal Planner Director of Community Development Appr v Homer Croy ACM for Dev ent Services Carlos L. Ortega City Manager G:Wlanning\Tony BagaloMord Files\Por.aM\Staff RepOMMA M-392\City CowdPZOA B&392 PC Staff RepW 2.dM - LY Uf PflLfll UESERI y-510 FREI)WARINL PR[W I'AIAI Dl IEK.,CAIAH IRYIA 9,,64-IS78 n1:76o 146—o6u rox:760 341-7098 nfuMrylmda,unR CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE, REMOVING SECTION 25.15.130. OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.16.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites,access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure,from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE D.KLASSEN,City Clerk November 10,2008 City of Palm Desert,California C I I Y 01 P 01 1 73-510 FRED WARING DRIVE >5 PALM DESERT, CALIFORNIA 92260-2578 TEL- 760 346—o6ci FAX: 760 341-7098 info@palm-deurc.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 22, 2008 City of Palm Desert Re: ZOA 08-392 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of October 21 , 2008: THE PLANNING COMMISSION, BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2489, RECOMMENDED TO THE CITY COUNCIL APPROVAL OF CASE NO. ZOA 08-392. MOTION CARRIED 3- 2 (CHAIRPERSON TANNER AND COMMISSIONER S. CAMPBELL VOTED NO). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. This item is tentatively scheduled for City Council public hearing on November 20, 2008. Lauri Aylaian, Secretary Palm Desert Planning Commission Am cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2489 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE. CASE NO. ZOA 08-392 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of October, 2008, hold a duly noticed public hearing to consider the request by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project is Class 5 Categorical Exemption under CEQA and no further environmental review is necessary, 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 recommending to the City Council approval of said request: 1. That the optional preliminary approval procedure from the Hillside Planned Residential Zone does not streamline the entitlement process for the property owner and/or applicant; and 2. That proposed Zoning Ordinance Amendment will not negatively impact 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: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 08-392. PLANNING COMMISS.. .A4 -odSOLUTION NO. 2489 � PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21't day of October 2008, by the following vote, to wit: AYES: R. CAMPBELL, LIMONT, SCHMIDT NOES: S. CAMPBELL, TANNER ABSENT: NONE ABSTAIN: NONE VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 Janice C. Wood P.O. Box 794 Palm Desert, CA 92260 (760) 341 1184 or(760) 831-3377 cell October2l, Zoos REC F TID City of Palm Desert Planning Commission OL i 2 j 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ;OMIBti`w'i Tr ePA _. - ' 9' :ITF OF PALM DESERT Re: Parcel#628-130-014 72375 Upper Way West Attention: Jean Benson,Mayor Carlos Ortega, City Manager Planning commission members I oppose the adoption of the amendment to Chapter 25.15 Hillside Planned Residential District of the City's Zoning Ordinance,Removing Section 25.15.130 Optional Preliminary approval procedure from the zoning ordinance. Along with opposing the above change to the Hillside Zoning Ordinance, I'd like to take this opportunity to share my experience with the planning commission and other departments located in the offices of the City of Palm Desert regarding the adoption of the hillside ordinance during the meeting of March 20, 2007. Please bear in mind,this is not done to intimidate or embarrass those not responsible for my very negative experience but instead merely have it known and on record. It's a good thing when the people and the City both understand what has transpired regarding the hillside ordinance. At some point around the second week of March 2007, my neighbor,Buford Crites phoned me at my home and told me of a"friend"of his who was interested in purchasing hillside property. Mr. Crites said he heard I was going to be listing my property for sale and prior to listing wondered if I would be interested in showing my property and perhaps if it worked out,we could both save a little money. I explained to Mr. Crites that I had just signed the listing a couple of days prior. But if his friend was interested, I would be happy to show the property. A woman by the name of Conner Limont came to view my home and property that very afternoon. I was not then aware that she was Commissioner Conner Limont from the City of Palm Desert Planning Commission. Not then nor on March 15'h to my realtors, when she signed the Escrow Instruction and Purchase Agreement for my property in the amount of$957,500, did she mention it.. This of course, with the realtors involved and the signatures on paper, it made a sale very unlikely to anyone else. On March 20`h Commissioner Limont voted for the hillside ordinance to be set in place. I was at that meeting and when I saw and recognized her I was so surprised, I left the meeting upon my recognition of her. 1 . 1 Although other real estate forms had been signed and dated prior to the March 20'h vote,Escrow opened between Conner Limont and me using Sundance Escrow, on March 251h, 2007. It is obvious the "intent"of Ms. Limont was to have a"hillside property purchase" in progress. April 25, 2007 newspapers across the west coast broke the story of the Hagadone House in Palm Desert and the inaccurate reports presented to the City of Palm Desert. On this same day it was brought to my attention through an email from my realtors that the boundaries of my property had become"red flagged". The north boundary of my home was located on the City of Palm Desert's property(APN 628-130-011)a lot line adjustment would be required. It is also good to take note that the City purchased the parcel of land to the north a considerable time after I purchased my property in 1996. This information must have been very evident that a portion of my home was on City land both to the Mayor and to Planning when the transfer of title in the name of the City took place. After I became adjusted to the fact that it was Commissioner Limont purchasing my property, I could not help but wonder how Planning Commissioner Limont and our past mayor, Buford Crites could not have known of the boundary situation prior to the escrow. However I extended the escrow with Commissioner Limont with the hope of completing the sale after the lot line adjustment was obtained. On July 26, 2007 Planning Commissioner Limont, canceled her escrow because I could not present clear title to my property due to part of the north boundry being in conflict with the City's property. Now,just doing the math; If Commissioner Conner Limont was engaged in the purchase of my property and signed and dated documents prior and within five days she voted for the hillside ordinance which due to restrictions would change my property's value it does appear to be a conflict of interest to me. My property has continued to be shown,but when it's explored what can actually be done to the property because of the hillside restrictions, interest is lost. Each meeting I have attended I hear the panel of Council members and Planning alike pledge allegiance to our flag. The last line of the Pledge rings in my ears. "Liberty and Justice for all? Where is the Liberty to improve,extend and profit from our homes? Where is the justice for the property owners that own hillside land within the City of Palm Desert? We hear you speak of"your"hillsides. Do you pay the taxes? Do you maintain the insurance expenses? It is your"privilege"to look at the privately owned land above you and for that you believe it is"Yours"? Well, it shouldn't be"Yours"until you pay for it. That is what most of us are asking of the City. If you want our land to be`your hillside" it's no more than "Just"for you to pay for it because that's what we had to do in the first place to make it"ours"before you thought it was"yours". I respectively thank you for your time and consideration regarding these issues. /Si r y, Janice C. Wood. 2 ucc lu utl ua: gyp Richard Fromme 360 679 3355 p. l C Fax Note 7672d ' ._ ._ Flom ri C ao"A7 taaft Inafm uaa amp p7�$ _ Ffai ,= ,_ TdepMef Fix TehpMef �. J fr1'Sl�r-, IT: � NN y T un >� n Oot, 19 08 03: 43p Richard Fromme 360 679 3355 p. 2 Marilyn A. Fromme Richard H. Fromme 48-625 Paisano Rd. Palm Desert, Ca. 92260 October 19,2008 City of Palm Desert Planning Commission 73-510 Fred Waring Dr. Palm Desert, Ca. 92260-2578 Subject Case No. ZOA 08-92 Dear Commission Members: I oppose the adoption of the above amendment of the hillside, the removing of section 25.15.130 for the following reasons: The Hillside ordinance now in effect took away the hillside property owners right to develop their property. There was some hope remaining that maybe a staff member would give preliminary approval to develop a property and give some hope to a prospective buyer or to a property owner. This change in the ordinance, as I understand it, "is the final nail in the coffin" of the hillside property owners hope of selling or developing their property, constituting a taking of their property. Most of these properties represent the savings of their owners and their ability to be financially independent in their retirement years. Why doesn't the City of Palm Desert buy these properties at market value and proceed with this "taking" in the honorable and proper way? The City of Palm Desert seems to treat the country clubs preferentially. Properties in these developments are allowed to build on the hillsides and sidestep the Hillside Development uGt 19 OB 03: 43p Richard_ Fromme 3Fn 673 3355 p. 3 Ordinance in size of the structure and the visibility of the improvement from the valley floor. The original intent of the Federal Homestead Act was to encourage development of these properties. This ordinance takes all of this intent away. We have two 5 acre parcels in the Cahuilla Hills section of Palm Desert. We have been desert residents since 1965. We find it hard to understand the why the City of Palm Desert sees fit to punish those that had nothing to do with the huge house in The Canyons At Big Horn. The ones that issued the permit to build the house are the ones that should be punished. Please consider the impact of your decision on your neighbors. Sincerely. Marilyn A. Fromme, Richard H. Fromme SLOVAK BARON & EMPEY, LLP Attorneys at Law 1900 East Tahquitz Canyon Way Palm Springs, California 92262 Telephone(760)322-2275 Facsimile(760)322-2107 FAX TRANSMITTAL COVER SHEET TO: Attention:. LAURI AYLAISAN—SECRETARY FACSIMILE NO.: (760) 341-7098 FROM: Celine M. Lewing,Legal Assistant to Thomas S. Slovak,Esq, DATE: October 21, 2008 RE: OBJECTION RE LEGAL NOTICE ZOA 08-392 GES SENT (INCLUDIlV.G COVER SHEET): 3 Dear Lauri: Please present this to the City Planning Commission for your meeting tonight. Celine M. Lewing, Legal Asst. to Thomas S. Slovak (760) 322-2275—Extension 44 Please notify sender Immediately at(760)323-12751f all page are not received. _MMESSAGE IS INTENDED FOR THE USE QF THE INDIVIDUAL R ENTITY TO WHICH T=ATTHE N7 ONTA RM THAT I H.EC ON IF YOU ARE THE IIPIENT, O E EMPLOYEE OR AGE' RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INIENT, Vol ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF TICATION STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROTIFY TH UNDERSIGNED IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGHE ABOV ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. SLOVAK BARON .&EWEYW A T T O R N E Y S A T L A W 'nN SS.SIAVAX 1600E.TAHMITZ CANYON WAY, PALM SPRINGS, CA 92262 ORANGE COUNTY OFFICE DAVIDLLA PHONE(760)322.227S FAX(760)322.2107 650 TOWN CENTER DRIV&SUITE 1400 MAX E EMM COSTA MESA.CALIFORNIA 92626 JASDN Q DAEAWNER PHONE(714)435.9591 FAX(714)650.9011 PMRM.6OQNEvI CNAM LGALADNER Bn S.CLEAIEIEE MAUMEN F.(. M SXAUN M.MUP IMQCiXIDI1WIL DIIEN MA.PJCNr6n C$COUNSEL - MY METERS,P.C. H.NEALWEIEEIII October 21,2.008 VIA FACSIMILE (7601341-7098 and U.S.MAIL Chair and Members of the City Planning Commission Mr. Van Tanner Mr..Russell Campbell Ms. Sonia Campbell Ms. Connor Limont Ms. Mary Schmidt 73-510 Waring Drive Palm Desert CA 92260 Re: Oblection to Zonlne Ordinance Amendment Removine Optional Preliminarp Approval Procedure Dear City Planning Commission Members: Norman E. Matteoni of the law offices of Matteoni' O'Laughlin & Hechtman and I represent Barracuda, LLC and its members Bruce Kuykendall and David Baron, and Mr.& Mrs. David Nelson property owners in the City of Palm Desert who have previously utilized the Optional Preliminary Approval Procedure now existing in Palm Desert's Hillside Zoning Ordinance. Our Clients oppose the proposed Zoning Ordinance Amendment that will delete Section 25.15.10 entitled "Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The purpose of the existing procedure is to provide citizens an efficient and reasonable procedure to determine, prior to the expenditure of substantial sums including architectural plans, whether a proposed site location would be acceptable to the City. In connection with David Nelson's application, City staff acknowledged that this procedure benefited all concerned and particularly land owners who wished to obtain preliminary direction and approval by the City before further engaging in substantial expense. Specifically, Mr. Stendell acknowledged that this procedure "...give[s] the applicant some certainty where the applicant could build his house, City Planning Commission October 21, 2008 Page 2 because the Hillside Planned Residential zone was very strict and they wanted to make sure they were encouraging people to propose developments consistent with the zone. " (See Planning Commission Minutes of June 3, 2008]. Our clients and their counsel believe there is no justification to adopt the present amendment and every reason to keep it in place. This is to confirm that any such amendment would not apply retroactively and, specifically would have no application to our clients. As the Planning Commission and the City are well aware, restrictions have now been placed on the development on. our clients' hillside property that effectively renders it valueless and constitutes, in our opinion, an unlawful taking of our clients' property through inverse condemnation. While our clients intend to proceed to exercise their rights and remedies in that regard, they hereby object to any interpretation or suggestion that this amendment, if passed,would be applied to them retroactively. Sincerely, SLOVAK B ON&EMPEY LLP Thomas S. Slovak TSS/cml Cc: Barracuda LLC Mr. &Mrs. David Nelson C SLOVAK BARON &ENVEYuy A T T 0 R N E Y S A T L A W n K,MAs s.sLoAe 1800 E.TAHOUITZ CANYON WAY, PALM SPRINGS, CA 92262 ORANGE COUNTY OFFICE DAVIDL BANJN PHONE(760)322-2275 FAX(760)322-2107 650 TOWN CENTER DRIVE,SURE 1400 MAW:E.EM19Y COSTA MESA,CALIFORNIA 92626 1Au3N D.DARAKE NER PHONE(714)435-9591 FAX(714)850-9011 PFRR M.Ek X:HN WK:II CI IARLES L CALNGI ILK ORr..M S.CLFMMER MAMEN F.GUINAN $HAUN M.MURPIiY INI D.GINDI MM Ghl,"FK A.RIC MR OFOWNSEL MYW>N MEYI K!C,P.C. H.NI:u W I,LL+III October 21, 2008 VIA FACSIMILE (760) 341-7098 and U.S. MAIL Chair and Members of the City Planning Commission Mr. Van Tanner Mr..Russell Campbell Ms. Sonia Campbell Ms. Connor Limont Ms. Mary Schmidt 73-510 Waring Drive Palm Desert CA 92260 Re: Obiection to Zonine Ordinance Amendment Removing Optional Preliminary Approval Procedure Dear City Planning Commission Members: Norman E. Matteoni of the law offices of Matteoni' O'Laughlin & Hechtman and I represent Barracuda, LLC and its members Bruce Kuykendall and David Baron, and Mr.& Mrs. David Nelson property owners in the City of Palm Desert who have previously utilized the Optional Preliminary Approval Procedure now existing in Palm Desert's Hillside Zoning Ordinance. Our Clients oppose the proposed Zoning Ordinance Amendment that will delete Section 25.15.10 entitled "Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The purpose of the existing procedure is to provide citizens an efficient and reasonable procedure to determine, prior to the expenditure of substantial sums including architectural plans, whether a proposed site location would be acceptable to the City. In connection with David Nelson's application, City staff acknowledged that this procedure benefited all concerned and particularly land owners who wished to obtain preliminary direction and approval by the City before further engaging in substantial expense. Specifically, Mr. Stendell acknowledged that this procedure "...give[s] the applicant some certainty where the applicant could build his house, City Planning Commission October 21, 2008 Page 2 because the Hillside Planned Residential zone was very strict and they wanted to make sure they were encouraging people to propose developments consistent with the zone. " [See Planning Commission Minutes of June 3, 2008]. Our clients and their counsel believe there is no justification to adopt the present amendment and every reason to keep it in place. This is to confirm that any such amendment• would not apply retroactively and, specifically would have no application to our clients. As the Planning Commission and the City are well aware, restrictions have now been placed on the development on our clients' hillside property that effectively renders it valueless and constitutes, in our opinion, an unlawful taking of our clients' property through inverse condemnation. While our clients intend to proceed to exercise their rights and remedies in that regard, they hereby object to any interpretation or suggestion that this amendment, if passed, would be applied to them retroactively. Sincerely, SLOVAK B ON & EEMPEY LLP Thomas S. Slovak TSS/cml Cc: Barracuda LLC Mr. &Mrs. David Nelson CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Recommendation to City Council for approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 08-392 DATE: October 21, 2008 I. EXECUTIVE SUMMARY: Approval of staffs recommendation will recommend to the City Council approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. II. BACKGROUND: Hillside Planned Residential District The purpose of the Hillside Planned Residential District is to: A. Encourage only minimum grading in hillside areas relating to the natural contours of the land avoiding extensive cut and fill slopes that result in a padding or staircase effect within the development; B. Encourage architecture and landscaping design which blends with the natural terrain; and C. Retain and protect undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in the development proposal in hillside areas. Staff Report Case No. ZOA 08-392 October 21, 2008 Page 2 of 3 The City's Hillside Planned Residential District currently has a procedure that allows an applicant to request an optional preliminary approval of development standards relating to density, building site locations, and access roads and locations from the Planning Commission. Section 25.15.130 states: "Optional preliminary approval procedure. The applicant may choose to submit information and request preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained." Recently, the Planning Department has processed two requests for preliminary approval of building site locations. Both cases went to the Planning Commission and the City Council for review and approval. On one of the properties, a technically challenging location was identified and approved; the second request was denied in its entirety. In both cases, the use of this optional procedure has not been effective in streamlining the process for the applicant. On September 25, 2008, the City Council directed staff to initiate a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. Ill. DISCUSSION: Section 25.15.130 currently allows a property owner to request preliminary approval of the development standard options identified above. Staff has recently reviewed and processed two such requests. The requests were difficult to process since staff did not have enough information to make a recommendation that would meet the purpose of the Hillside Planned Residential Zone stated above. Without information regarding the proposed home size, architecture, color and landscaping, this section can be confusing and makes it difficult to identify all potential impacts. In addition, if a property owner receives optional preliminary approval, he/she is still required to go through the Architectural Review Commission, in addition to public hearings before the Planning Commission and the City Council for approval of the development plan and home at a later time. Staff believes that this section of the Hillside Residential Zone leads to confusion and is recommending that Section 25.15.130 Optional Preliminary Approval Procedure be removed in its entirety. G9P1anning%Tmy MgatoMoro FilesWoanats\Staff RepodsQOA\08-392 OA 08-392 PC SMH RepaoAM Staff Report Case No. ZOA 08-392 October 21, 2008 Page 3 of 3 IV. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of ZOA 08-392, which deletes Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. V. ATTACHMENTS: A. Draft Resolution B. Legal Notice Submitted by: Department Head: C—D Tony Bagato ZLauri Aylaian Principal Planner Director of Community Development Approval: Homer Croyrl ACM for DeVolopment Services G9P1anning\Tony BagatoMord Files%Farm tm&afl Repams2OX08-392120A g8.392 PC SO Repw.dm PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE. CASE NO. ZOA 08-392 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 218' day of October 2008, hold a duly noticed public hearing to consider the request by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project is Class 5 Categorical Exemption under CEQA and no further environmental review is necessary, 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 to the City Council of said request: 1. That the optional preliminary approval procedure from the Hillside Planned Residential Zone does not streamline the entitlement process for the property owner and/or applicant; and 2. That proposed Zoning Ordinance Amendment will not negatively impact the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 08-392. C PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21$` day of October 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission GiPlanning\Tony 8agaro\Word FilesTonnats\StaH ReP0ns\Z0A\08-3921Z0A 08.3W PC ResolmiWA% 2 I CITY F- PEM DESERT 73-510 FRED WARING DRIVE PALM DESERT,CALIFORNIA 92260-2578 TRu 769 746—o6ii FAA:760 341-7098 in(o@pdm-0eurl.orR CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE, REMOVING_SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone.The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21. 2008, 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 at,or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 2008 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. Reports and documents relating to each of the following.�tems listed on the agenda are on file in the Department of Community Development and are available for public inspection during normal business hours,,,Monday-Friday, 8:00 a.m. - 5:00 p.m., 73510 Fred Waring Drive;Palm Desert, CA 92�(760) 346- 0611. Vill. PUBLIC HEARINGS es"any hearing m tter in court may be limited to Anyone who challeng raising only those issues he;%�she or someone else raised at the public hearing described herein\or`in written correspondence delivered to the Planning Co ission at�, pe prior t6 th_epublic hearing. A. a No. _ 08-392 -CITY OF PALM DESERT, Applicant " equest for recommendation to the City Council for ap Y va! o e is `Ordinance Amendment removing Secti 25.15.13� ptional Preliminary Approval �rocedu in its entirety from the Hillside Planned Residen is one. Ms. Aylaian'explained that this item addressed a request put forth by the City Council fo a change to the current Zoning Ordinance as it deals with hillside planned residential development. Currently there are three places throughout the city with Hillside Planned Residential District zoning. One is at the°eouth end of the city on the eastern side of the Canyons at Bighorn. The second area encompasses Stone Eagle and Cahuilla Hills within the city limits, as opposed to some of the Cahuilla Hills area located in the county territory. The third area is behind Painters Path. The purpose of the Hillside Planned Residential District is threefold. First of all, it is to encourage minimal grading and disruption to the natural hillside areas. Secondly, it is to encourage architecture and landscaping which blends with the natural terrain. And thirdly, it is to protect the undisturbed view sheds and features seen in the hills. As part of the 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 2008 ordinance as it now reads, there is something called an Optional Preliminary Approval Process" which reads: The applicant may choose to submit information and request preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, cess roads and locations. No permits shall be issued u #r nail approval is obtained. This final approval that would be requir, a preliminary approval includes review and approval by the rc itectu al view Commission, the Planning Commission and the Ci Council. is process was intended to streamline the fron e • of what will be r tively lengthy process for any project props in the illside Planne Residential District. Unfortunately, we hav r ently ha couple of appi, tions and requests for identification of si#e th oug the Optional Preliminary Approval that have n, come to a siucQ ssful resolution. This particular clause in the ordinan a ever bee76ppliecl for or tested until recently. Recently we had two e p rward, ei er of which really came to a successful resolution. A ch, the Co ncr bserved that the process NOW itself was not,particularly�ctiv a_ efore, doesn't benefit anybody to have thappl cant go thro g is. A i an application is submitted to the�Planning Departmen a d is processed through the various staff review""s3and approval, onto t Planning Commission and to the City Co undkthere's a certain inves nt of time on behalf of the applicant and ,. staff, and the Commission and Co ncil as well. Not only time, but in many ases therev re�a great deal:ofresources that are applied for a particular applic tion And if it is ultimately not going to result in a successful outco a or a`ri'�outtcome which is meant to be a streamlining of the process, thn perhaps it is not a wise investment of time and resources on behalf of the,applicant or behalf of the City to process it. at they've found is that for development in the hills, any project proposed i -going to have nuances peculiar to its particular site that don't apply to any other site and it's going to have a great deal of complexity involved in it. As it goes through the full processing, rather than just the optional preliminary process, going through the full process there is a need for the applicant to provide topographical maps, locations of cut and fill, quantities of the cut and fill, and circulation for vehicles to the site. They need to provide architectural drawings in plan view and in elevation, and in sections they need to provide landscaping drawings, hydrology reports, percolation data and all kinds of detailed engineering information that would allow the Planning Commission and the City Council to make a meaningful evaluation of the proposal. When they tried to streamline it by 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2008 getting kind of a shortcut to the answer or shortcut to the eventual outcome, they found it wasn't effective because it is difficult to make a meaningful evaluation and meaningful decision on abbreviated information. Therefore, the Council requested that this particular clause be eliminated, or be removed from the ordinance as it now stands, and that is what was before the Planning Commission for consideration. The notification of this proposed change in the r ance was sent to all property owners in the Hillside Planned Re i e ial District so that they were aware of this. In response to that otifi tion, three letters were received, and one telephone call. The I a a 'nquiry for information and resulted in neither support nor oppo ition bein ressed. The three letters that were submitted were i0t ibuted to t e ommission. Ms. Aylaian said she would briefly atl ess a couple of j es that were brought up in the letters. N Starting with the letter from Marilyn neer;e'was nd Fromme, the Frommes indicated some frustr 'on. They safd, "T some hope remaining that maybe a staff a would giv p liminary approval to develop a property and give so, op a prop five buyer or to a property owner." She thought that efle 1e. of corn to understanding of what is proposed in, the change or w�uI a in t e current ordinance. The current ordinancedid not r ide77n an for a staff member to give any approval, whether preli I ry or otherwise. It is always required that the,app oval, evenja prelimin approval, goes through the Planning Commisgsion and,,(then appealab up to the City Council. There was no removal of,decision makin'g;at a's�, ff level basis because currently there is rr taff level decision making. Ms. Aylaian said the Frommes also expre ed concern that this could constitute a taking of their property. Staff did not believe this was the case because it does allow developers or property ownersodevelop their properties. It requires that they go through a orhprehensive analysis and investigation of exactly what they propose and it does allow for a very high level decision making or involvement on behalf of the Planning Commission and the City Council as, hey look at the exact details of what is proposed and they can truly make a meaningful review of the proposal and can suggest revisions, modifications, or conditions on a development, but it did not prohibit a developer or property owner from developing their property. The second letter was from Slovak, Baron and Empey, an attorney firm that represents several property owners in the area. The one thing Ms. Aylaian wanted to address was that they indicated that the purpose of the letter was really to confirm that if the zoning ordinance is amended, that amendment would not apply retroactively. She confirmed that was the case. The two cases that have been processed previously, on one the City 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2008 Council did in fact preliminarily identify a site. That preliminary identification still stands and the applicants, in order to develop on their property, will need to go through the complete submittal review and approval process, so they will need to submit the full information she indicated earlier. It was a complete comprehensive package and that would then go through the Architectural Review, the Planning Commission and the City Council for consideration. The third letter was from Janice Wood and Ms. Wood had a number of concerns: she addressed opposition to this,proposed change, but she also addressed a number of concerns. Most.of tWem s emed to be relative to the adoption of the current hillside ordinance, whichas passed in March of 2007, and her letter was distributed for the Commission's review. Many of the concerns would be review d by staff -- this letterMwas just received this afternoon, but they did no appear to be directly on poinn with what is being considered by the Commission today, Which is whether:or not this optional streamline process shout b eliKiinated. That concluded the or staff report a Ms. Aylaian asked for any questions. Commissions. Schmidt asked when,'someone is granted this preliminary approval there as any,lim.ita"t o to the time it is valid. Was it for two years ® f even. . Aylaian said there wasn't a specific limitation called out.�yocally with o'her appro als a permit has to be pulled within one year o�"°, e appro a ecomes invalid. She wasn't sure if that applied here. Mr. Ha n ted t er Pwas nothing within the ordinance itself at woul h it i . Typically, wh they go through the process that might be on of t e nditions. They didn't have anything else like this in the zoning o dina ce, which was a preliminary optional pre review. It was intended oNea e so - guidance to kind of direct the process going forward and it turneut no ,f be a very efficient way of handling it. Because they had never ly approved one, he didn't know how it would work out if t e did. Co m 'ssioner Schmidt asked if it would pass from owner to owner. If for instance�t is was granted to one owner, then that owner sold the property, would it continue on. Mr. Hargreaves said yes, typically entitlements do; the type of entitlements that Planning Commission grants are property specific. Commissioner S. Campbell asked if this would be a pretty costly procedure for the applicants. They do all of this, come in, and could still be told they don't have a pad where they could build their home. What happens then? Ms. Aylaian said depending on the applicant, the cost 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21 2008 varies. They have seen two applicants that have made it through the process and one she thought actually put in a great deal of time and money into architectural renderings, and model building it, and has thoroughly analyzed the site. The second one took a more abbreviated form of essentially writing a letter saying please identify a site. They had done a little bit of investigation, but probably not the same investment of money. She indicated there was actually a third re uest that was received recently and again, that individual has retaine a out architect and put some time in architectural renderings n couple of studies. She thought it was fair to say that yes, even th stre line process represents an investment of both time and resource , t e i an power if they do it themselves, or in hiring a consultant o o through process that could ultimately not be productive for the_ . at being s i , ' was also fair to say that going through the frthrugh ss would be more ostly than the abbreviated process, but goin. the abbreviated pro s first of all was no assurance of approvaal p oo fact, nor did it rp mvent the need to eventually go through the e n es`` ssociated with going through the full process. Mr. Hargreaves clarifi is - response. This would be a preliminary approval so it did not gra an pa lar rig h n the sense that a normal site plan would. They c Id , a, preliminary approval for a particularesite "g% tthhrough th r ess, an en decide it didn't work and have there'back up and doi g mething else. So even an approval, while it helped direct the proces`s,, it wasn't a guarantee that they would ultimately�be able' to build o 1`th ysite. Also, if someone goes through a proces`s,like thatywiffTj eir pro a ultimately the City has to identify a site that they can build on or the City has to buy the property. They don't just:ha a the°.option of just telling them no. It was a question of how they get there how-they explore all the options to find what the best i arrangemen is for,developing that property. This particular avenue proved to be a dead end. hairperson Tanner asked him to repeat what he said about the City bgin responsible for buying the property. Mr. Hargreaves explained that under the Fifth Amendment of the Federal Constitution, and the State Constitution actually, the City has to allow people to make an economically viable use of their property. The City cannot restrict a property in such a way that physically renders it valueless. So they couldn't just tell them they couldn't build anything up there. They do have wide latitude in terms of restricting development to meet objectives, but ultimately they have to provide some avenue to get a reasonable return on that property or they have to buy it. Chairperson Tanner asked if it had to go through the process of being presented to Planning Commission, passed, and then went to Council and was rejected, or if it comes to 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 200ti Planning Commission, gets rejected, they have a right to appeal and then it goes to Council and if they object to it, then the City has to buy the property..Mr. Hargreaves said that if the City Council ever got to the point where they said there was just no way they would ever allow them to develop anything on this property, if the City Council said that, it would pretty much be on the hook to buy that property. Mr. Hargreaves also indicated there is a provision in the City's co de th t kind of addresses this that basically says if you could show that the z0 1 ordinance applied to their property doesn't allow them to make pr uct ve use of their property in any manner, then they could overri a aspect of the zoning ordinance. Basically it was a waiver. If t mp against something in the zoning ordinance that basically says ou can t, elop your property, then you can get that overridden if t �y can show h don't have any economically viable use. That' i d of a safety a v in the whole process. Like on a hillside, if a say they can't build ridgeline or anything else, if they could come n and s w hat there's j s o feasible way to develop without building on a ridgeline, then there is a waiver provision in the ordinance. Commissioner Limont S 'd th cause o e ridgelines and the difficulty in building in the Cah ill Hills, t rocess ' n't helping because they really do need to know ho mu c a rt s toL a moved. In other words, they could t justtake ague , a ause the eren't looking at a flat pad, they weren't looking at a nei h rhood, and they weren't looking at certain grad s!that go with), specific et. Ms. Aylaian said yes, to make a good declsio),they need greater information than is required for an optional preliminary approval " S Chairp son Tanner opened the public hearing and asked if anyone wished t speak'in�FAVOR of or OPPOSITION to the issue before the Planning C mmissi MR. V; ID NELSON, Beavertail Street in Palm Desert, stated that he owned land in the area that would be affected by this change. He was present to speak out against removal of this ordinance. Due tyo the already vague nature of the Hillside Ordinance, if they remove this section of the ordinance, it would create an unnecessary and undue burden on the land owners, causing them to try and guess where the City would like the home to be built. It could cost enormous amounts of money to submit all the plans that would be required without this ordinance, all without knowing whether or not it is even the location that the City would want the home to be built on. That simply did not make any sense since with this ordinance a site location could be determined prior to the land owner having to incur that enormous expense. So again, he asked 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21. 200am that they leave this ordinance in tact as it is a logical step in determining where a land owner may build their home. He thanked them. MR. DEL GAGNON, Palm Desert, stated that he lives in Section 30 in Cahuilla Park, not Cahuilla Hills. He said he only had a vague understanding and asked what was being changed. Ms. Aylaian explained that they would be,4 feting a process in the ordinance. The process would have given piminary approval of a site to an applicant when they provided minimallnformation. They were removing that. After that preliminary approval was g vi en, theygculd still have to go through the full submittal and approvna process. Maybe that site would ultimately be approved, mayb�oBut what they would be doing was removing that optional prelimm ry approval and saying-g hat anybody needs to go through the full app ation pro8ees in order to dev lop in the hills. Mr. Gagnon ass d&there was a, r ason they needed to change it. They still had to ga thro�]gh the process. Ms. Aylaia a lied th t they found that with the applications they ti . received ff g ' g throughfh�e scrutiny possible from the information given r an op,t,II�al preliminary site approval, did not effectively stre i e the prose s and g the applicant closer to a project approval then would 00.6 if they had t gone through that. It did not seem to be an eke" ive ooC Mr. g n said that as difficult as it is now to develop anything, if so Nandat s to develop, he thought they should leave it alone if its nd leave it like it is and let them go through the proses happens happens because he lives up there and they arrr all protected by the City and it was very hard to develop and build anything without going through strict regulations and rules, and that's okay in his estimation. He thanked them. MS. JANICE WOOD, 72-375 Upper Way West in the Cahuilla Hills area located within the city limits of Palm Desert. She opposed the adoption of the amendment. She said the hillside ordinance frankly for her had been a pain in the neck as it had been to many of the property owners. She was going to throw her notes to the winds tonight because much of it wasn't applicable from what she understood, so she would skip over a lot of it, but she was sure they had read it anyway regarding Connor Limont's escrow with her property and the situation that resulted because of it. 8 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2008 She felt that City organizations should strive not only on having their way, but they should also strive for fairness: fairness to the property owner and fairness to the citizens. She didn't feel this fairness had been projected to them; she didn't feel it had been projected to the McCormick property, to the Kuykendall property, the David Nelson property; it has not beethafir' And they paid big money for their property and thenind that there are restrictions that have been imposedthey purchased their property, that they cannot do wha the set out to do with their properties, there is something wl o IlesIf they were to put themselves in her place, they Al d be st ding where she is standing now. That was sorfing she wan te to get off of her chest. She knew that th Femme letter was m tioned. It was mentioned that the Ci ould be under obliga io to buy this property in the event th�a buildi c uld take pla he asked by saying that if they men hatOf a ridgeline ordinance is in effect and it w against the ri getine ordinance, if it was against the ordinance' to talus, dirtha mean they could go ahead and say to them so• eline ord' ce is in and you can't build period and we do have t your roperty because there is a ridgeline ordinanc he stied ' wigcorrect. Mr. Hargreaves explained ha what he intended to say was that if the ridgelrr"rdinance;for whate a reason rendered her property completely unbuildable, andthe wasn't s e they had seen that situation, but assuming her property w s,all rj eline and there was nothing else she ould do, then there is a`process in the code whereby the prohibition of alldin on the.ndgelines could be waived to make her property buildable. Ms., o d�s ed even after this ordinance is in effect that staff was trying to get passed tonight, it could be built. Mr,. Hargreaves said yes. This really just eliminated a potential sidetrack in the process but it didn't change the developability of any particular piece of property ' Ms. Woods said they've had a lot of meetings here and each time there is a little bit of a change and the changes get tighter and tighter. So forgive them as property owners if they get a little paranoid when there is a change coming about. She thanked them. MS. MARY HECKMAN GRIFFIN said she has an elevated lot in Bighorn on Summit Cove and she had been out of town, so she needed a clarification of the ordinance because she didn't 9 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2000 understand it as it was explained to her. She asked if there was a preliminary approval process before building. Ms. Aylaian explained that currently in the ordinance there is an optional preliminary approval process that seeks to streamline the permitting process. What they've found is when people have tried to use it, it hasn't streamlined the process, it hasn't gotten through ny easier, so they were suggesting the removal of that process from t dinance. Even in the existing ordinance had they gone through reamline process, they would then have to back through the full roc s when they were done with the streamline process. So what th ere ggesting is removing the streamlining process so that they ' s go/throug the full process for approval of a project. Ms. Griffin asked if that as any diffeLent procedure then if they owned a lot on the flats ike at PortodTaN Haystack. Ms. Aylaian indicated at ide Y�ome and hillside developments are treated quite a bit di eren hillsrom deve o nt on the flat areas. Ms. Griffin asked i wha from a rocedural point, what was subm' d when, h look a it, e Ms. A i explain d that i :go s through different levels of approval. For a ho 1on a hillsidiiy, you h v to submit more information and it goes throng he ArchiClural Revie the Planning Commission and the City Cot ncil. a ing on onin of a home in the flats, it might be as ..mpleas bei pprovetl at counter by staff when you walk up. If you were Ding ething different, it might have to go to Architectural Review. Ms. Griffin stated that her lot happens to be on a lot that faces away from the city of Palm Desert, so it wasn't in anyone's view and was kind of hidden behind. She purchased the lot three years ago and was concerned about changes. She supported the ideas and t oughts that when you buy something, and she bought the property as an investment and never was going to build on it, so when she sells it, she wants to make sure she can at least capture what she put into it. To purchase property and then have the rules change, that's why she wanted clarification. She asked if there were stricter guidelines than three years ago. Ms. Aylaian explained that there are different guidelines and invited Ms. Griffin to talk with staff about her particular property because some of the properties in Bighorn are different because some already have existing 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2M pads constructed that get grandfathered in. The decision tonight by the Planning Commission wasn't final. This would be a change to the municipal code which would have to go to the City Council for review and action. They would have two different readings on it, so she would have time to come in, talk to staff, and find out the specifics for her particular parcel. If she still had concerns, she could express them to the City Council. Ms. Griffin asked what kind of complaints or dissatisfaction was received that made them change the.o irdird nance. Ms. Aylaian explained that it was at thefrequest of Gity Council that the ordinance be revised, and it was th'e observation by s aff, as well as the City Council, that the streamlining, rocess was not effeetiv_ely streamlining anything. Ms. Griffin asked if things1 ere getting approved that shouldn't have been Ms. Aylaian said no, as bn Icy two formal cases have been brought forward and neither of them h-a reached fruition, M . G "If! ank d'the : She said they drove from San Diego to in of ea what�slieIcouldn't understand in the letter and ologized 'for being lat ., There a o ne else rshi to speak. Chairperson Tanner closed the public heann d asked or* mission comments. Commissioner Li nt agreed with staff. She thought they headed into this, staff; lanni g GC mmission and City Council, with the best intentions, but the dif icu ty is tha it feels like it is a step that is not benefiting anyone. They have landowners who are spending their time without getting a solid •r, suit. The 3mmission was spending time in trying to decipher what could or could not be built without any inclination of what the design was going to look like, what the grading was going to entail, that type of thing, and then they send it on to Council and it hasn't made it through Council. It just felt like a step put in with the best intent, but it wasn't working well. As with most processes in the City, someone comes in with a plan that folks can see and say okay, this is going to be how it sits on the hillside. She agreed with staff on this. Commissioner R. Campbell also agreed with staff on this. He thought it became a waste of time for both the applicant and the City and a waste of 11 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 21, 2008 money. If they get the preliminary approval and have to start all over again, he thought it was a waste and supported the change. Commissioner S. Campbell disagreed. Mr. Nelson came in front of them. If he chose a pad and went through all the costs and came in front of them and they still didn't approve it, she thought they should be able to come to an understanding or approval. There were only fo r Commissioners when it came before them, so it always seemed to a 2-2 vote, but she thought it should stay as it is, have the co e i front of them and she was sure there would be a site somewher bn eir piece of property that they would have the approval to build th they could go ahead and go through the process of architects nd so fort She wasn't in favor of changing it. Commissioner Schmidt thoug, it as a toug issue becaus she thought it was intended to show a prope. owner "h had an idea, a them an opportunity to run that idea by the., do o getting into soil testing and all the rest of it that is quired, and et s very serious about planning a development, particular. the hillsid But she didn't think it really worked. She had not b rj i ved in all the cases, but there is an ability to take an option o a site h ' ve co roversial and very difficult to build on and run it by t Ci . an , inf a preliminary okay and then sell etpropeerty. Tha s by s sked the question with that caveat attached Wit She had ever known of other cities that have this proce sin the valley here. s. Aylaian wasn't aware of any cities. Commissioner Schmidt indicate that if they had been caught up in a change, Mr-. Hargreaves explae that there is a grandfathering process and also an extraordinary circumstances process to waive certain things to leomeorie build or they would purchase the property. She knew that Council didn't wait this to go on, and she was quite certain staff didn't, and she di 't see the need for it, so she was in favor of eliminating it. Commissioner Schmidt read the hillside ordinance and asked for the location of 4 e no building on the ridgeline section in the ordinance. Ms. Aylaian said 'it is in 25.15. The first definition was for a hillside ridge and then i 5;.15.030 3-F prohibited building across a ridge. Commissioner Schmidtthanked her. Chairperson Tanner was also opposed to the proposal. He did it with hesitation, but at the same time he was looking at the residents of Palm Desert and the potential cost to residents if they put this into the actual planning stages. He heard that the two times staff has come before them and asked them for the optional preliminary approval it had been difficult for staff to pick out the pad site, and he understood that, but he also thought that staff was qualified to do it and this was what they were asked 12 MINUTES It PALM DESERT PLANNING COMMISSION OCTOBER 21. 2008 to do and what they should do. And to give them a site to take to Council and have Council approve it, and then they could actually start their work in progress with the architectural design and go through the normal process. He understood that the hillside ordinance was created because they are in a very unique area here and they do need to desperately protect the views, but at the same time he thought they needed to protect the interest of those who bought in the hills. To go through the money exercise they would have to, and then to brinOtave fanning Commission and have it fall outside of their pleasure, uld be spending a tremendous amount of money and then the to go back and do it again. So he knew it created more wo fortis ff, but he thought they were qualified to do it with the help of+th ' owners o. a land. They might have to spend a little money to do , but they would 't. ave to go through the entire process. So again, heas�not in favor and�wld vote against the passing of the request. He asked for a motion. Action: It was moved by Commissioner�S,. Campo U. seconded by Chairperson Tanner, to leave the ordinance ag Written. The otion failed on a 2 3 vote (Commissioners R. Campbell, 00nt.and'S;h'nidt voted no). It was �n ed b mmissionef Limont,,seconded by Commissioner R. Cam , atf pp ng he findings as presented by staff. Motion carried 3 2 (Chairp son Tanne and Commissioner S. Campbell voted no). It" S move Comm ssion Limont, seconded by Commissioner R. ampbell, *'adl ting Planning Commission Resolution No. 2489, recomme?i ing`tt he City Council approval of Case No. ZOA 08-392, which 'del tes 'S ion 25.15.130, Optional Preliminary Approval ProcedureNih its entirety from the Hillside Planned Residential Zone. Motion carrie 3-2 (Chairperson Tanner and Commissioner S. Campbell voted no)//. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner S. Campbell noted that the next meeting was October 22, 2008. 13 CIIY OF PflLOI DESERT 73-510 FRED WARINc DRIVE PALM DFSER'I', CALIFORNIA 92260-2578 TEL; 760 346—o6n FAX: 760 341-7098 info@paim-dcscrr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: Palm Desert Municipal Code Section 25.15.130 currently allows a property owner to submit information to request a preliminary approval from the Planning Commission to assign an appropriate development standard option, determine density, and identify building sites, access roads and locations. The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure, from the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Thursday, November 20, 2008, at 4:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk November 10, 2008 City of Palm Desert, California CIIY Of Ph10 DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6n FAX: 760 341-7098 info@palm-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 22, 2008 City of Palm Desert Re: ZOA 08-392 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of October 21 , 2008: THE PLANNING COMMISSION, BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2489, RECOMMENDED TO THE CITY COUNCIL APPROVAL OF CASE NO. ZOA 08-392. MOTION CARRIED 3- 2 (CHAIRPERSON TANNER AND COMMISSIONER S. CAMPBELL VOTED NO). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. This item is tentatively scheduled for City Council public hearing on November 20, 2008. Lauri Aylaian, Secretary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal C�,�tomttt,�,�n b t PLANNING COMMISSION RESOLUTION NO. 2489 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE. CASE NO. ZOA 08-392 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of October, 2008, hold a duly noticed public hearing to consider the request by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project is Class 5 Categorical Exemption under CEQA and no further environmental review is necessary, 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 recommending to the City Council approval of said request: 1 . That the optional preliminary approval procedure from the Hillside Planned Residential Zone does not streamline the entitlement process for the property owner and/or applicant; and 2. That proposed Zoning Ordinance Amendment will not negatively impact 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: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 08-392. PLANNING COMMISSION ..SOLUTION NO. 2489 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2151 day of October 2008, by the following vote, to wit: AYES: R. CAMPBELL, LIMONT, SCHMIDT NOES: S. CAMPBELL, TANNER ABSENT: NONE ABSTAIN: NONE VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretanf Palm Desert Planning Commission 2 Cam%^nrr City of Palm �sert - ,� Speaker's rd aol� Meeting Date: v Z ! 0 8 If you are attending a City Council, Redevelopment Agency, or Planning Commission meeting and would like to address the Board, please complete the following Information and give it to the City Clerk and//orr Secretary in advance of the meeting. Thank you. Name: 1/4 V I C) h) €150AJ L Address: 7 � `S9J (✓ �S� ` 7 1 would like to speak under: 1. Oral Communications Section about: 2. Regular Agenda Item No. 3. Public Hearing Item No. A In Favor Of In Opposition to�_ Completion of this card is voluntary. You may attend and participate in the meeting regardless of whether or not you complete this document. Its purpose is to aid staff in compiling complete and accurate records. Thank you for your courtesy and cooperation. Janice C. Wood P.O. Box 794 Palm Desert, CA 92260 (760)341 1184 or(760) 831-3377 cell October2l, 2008 E C F T' ED City of Palm Desert Planning Commission UL'i 2 f 73-5 10 Fred Waring Drive TM Palm Desert, CA 92260-2578 ;01 iiJliiiCI Y EIA;" DESERT CITY OF PALM DESERT Re: Parcel#628-130-014 72375 Upper Way West Attention: Jean Benson,Mayor Carlos Ortega, City Manager Planning commission members I oppose the adoption of the amendment to Chapter 25.15 Hillside Planned Residential District of the City's Zoning Ordinance,Removing Section 25.15.130 Optional Preliminary approval procedure from the zoning ordinance. Along with opposing the above change to the Hillside Zoning Ordinance,I'd like to take this opportunity to share my experience with the planning commission and other departments located in the offices of the City of Palm Desert regarding the adoption of the hillside ordinance during the meeting of March 20,2007. Please bear in mind, this is not done to intimidate or embarrass those not responsible for my very negative experience but instead merely have it known and on record. It's a good thing when the people and the City both understand what has transpired regarding the hillside ordinance. At some point around the second week of March 2007, my neighbor,Buford Crites phoned me at my home and told me of a"friend" of his who was interested in purchasing hillside property. Mr. Crites said he heard I was going to be listing my property for sale and prior to listing wondered if I would be interested in showing my property and perhaps if it worked out,we could both save a little money. I explained to Mr. Crites that I had just signed the listing a couple of days prior. But if his friend was interested, I would be happy to show the property. A woman by the name of Conner Limont came to view my home and property that very afternoon. I was not then aware that she was Commissioner Conner Limont from the City of Palm Desert Planning Commission. Not then nor on March 15'h to my realtors, when she signed the Escrow Instruction and Purchase Agreement for my property in the amount of$957,500, did she mention it.. This of course, with the realtors involved and the signatures on paper, it made a sale very unlikely to anyone else. On March 20t'Commissioner Limont voted for the hillside ordinance to be set in place. I was at that meeting and when I saw and recognized her I was so surprised, I left the meeting upon my recognition of her. 1 b Although other real estate forms had been signed and dated prior to the March 20'h vote,Escrow opened between Conner Limont and me using Sundance Escrow, on March 25`h,2007. It is obvious the "intent" of Ms. Limont was to have a"hillside property purchase"in progress. April 25, 2007 newspapers across the west coast broke the story of the Hagadone House in Palm Desert and the inaccurate reports presented to the City of Palm Desert. On this same day it was brought to my attention through an email from my realtors that the boundaries of my property had become"red flagged". The north boundary of my home was located on the City of Palm Desert's property(APN 628-130-011)a lot line adjustment would be required. It is also good to take note that the City purchased the parcel of land to the north a considerable time after I purchased my property in 1996. This information must have been very evident that a portion of my home was on City land both to the Mayor and to Planning when the transfer of title in the name of the City took place. After I became adjusted to the fact that it was Commissioner Limont purchasing my property, I could not help but wonder how Planning Commissioner Limont and our past mayor, Buford Crites could not have known of the boundary situation prior to the escrow. However I extended the escrow with Commissioner Limont with the hope of completing the sale after the lot line adjustment was obtained. On July 26, 2007 Planning Commissioner Limont, canceled her escrow because I could not present clear title to my property due to part of the north boundry being in conflict with the City's property. Now,just doing the math; If Commissioner Conner Limont was engaged in the purchase of my property and signed and dated documents prior and within five days she voted for the hillside ordinance which due to restrictions would change my property's value it does appear to be a conflict of interest to me. My property has continued to be shown,but when it's explored what can actually be done to the property because of the hillside restrictions, interest is lost. Each meeting I have attended I hear the panel of Council members and Planning alike pledge allegiance to our flag. The last line of the Pledge rings in my ears. "Liberty and Justice for all? Where is the Liberty to improve, extend and profit from our homes? Where is the justice for the property owners that own hillside land within the City of Palm Desert? We hear you speak of"your"hillsides. Do you pay the taxes? Do you maintain the insurance expenses? It is your"privilege"to look at the privately owned land above you and for that you believe it is "Yours"? Well, it shouldn't be"Yours" until you pay for it. That is what most of us are asking of the City. If you want our land to be"your hillside" it's no more than "Just" for you to pay for it because that's what we had to do in the first place to make it"ours"before you thought it was "yours". I respectively thank you for your time and consideration regarding these issues. Si r y, "00 Janice C. Wood. 2 Oct 19 08 03: 43p Richard Fromme 360 679 3355 p. 1 hoostit° . Fax Note 7672 ""A _ Toaaysoa�e:_ Tooe; . ... To . Rom - f ' Location Localim .DepL D7e'5 Tee - FaxS U TelephwaA Fax$ - .. Colflm� _ afoul �pgpcy �qehm Elfalforpkkv ' l! ""..ti of Cf_�G 'a. .. % .. _ _ L...j.2:- .. . . _ �:'1'. l•��' ' .. .�. t . y• j f C=) r - y V C1 rn O mmm cn A... a MNrn 00 T Lq D(7 m Oct 19 08 03: 43p Richard Fromme 360 679 3355 p• 2 i I Marilyn A. Fromme Richard H. Fromme 48-625 Paisano Rd. Palm Desert, Ca. 92260 October 19,2008 City of Palm Desert Planning Commission 73-510 Fred Waring Dr. Palm Desert, Ca. 92260-2578 Subject Case No. ZOA 08-92 Dear Commission Members: I oppose the adoption of the above amendment of the hillside, the removing of section 25.15.130 for the following reasons: The Hillside ordinance now in effect took away the hillside property owners right to develop their property. There was some hope remaining that maybe a staff member would give preliminary approval to develop a property and give some hope to a prospective buyer or to a property owner. This change in the ordinance, as I understand it, "is the final nail in the coffm" of the hillside property owners hope of selling or developing their property, constituting a taking of their property. Most of these properties represent the savings of their owners and their ability to be financially independent in their retirement years. Why doesn't the City of Palm Desert buy these properties at market value and proceed with this "taking" in the honorable and proper way? The City of Palm Desert seems to treat the country clubs preferentially. Properties in these developments are allowed to build on the hillsides and sidestep the Hillside Development Oct 19 06 03: 43p Richard Fromme 360 679 3355 p. 3 a ' J Ordinance in size of the structure and the visibility of the improvement from the valley floor. The original intent of the Federal Homestead Act was to encourage development of these properties. This ordinance takes all of this intent away. We have two 5 acre parcels in the Cahuilla Hills section of Palm Desert. We have been desert residents since 1965. We find it hard to understand the why the City of Palm Desert sees fit to punish those that had nothing to do with the huge house in The Canyons At Big Horn. The ones that issued the permit to build the house are the ones that should be punished. Please consider the impact of your decision on your neighbors. Sincerely. Marilyn A. Fromme, Richard H. Fromme 10/21/06 16:21. FAX 760 322 2107 SLOVAK BARON & EMPEY 0 001/003 t SLOVAK BARON & EMPEY, LLP Attorneys at Law 1800 East Taliquitz Canyon Way Palm Springs, California 92262 Telephone(760)322-2275 Facsimile(760)322-2107 FAX TRANSMITTAL COVER SHEET TO: Attention: LAURI AYLAISAN—SECRETARY FACSIMILE NO.: (760) 341-7098 FROM: Celine M. Lewing, Legal Assistant to Thomas S. Slovak,Esq, DATE: October 21, 2008 RE: OBJECTION RE LEGAL NOTICE ZOA 08-392 GES SENT (INCLUDING COVER SHEET): 3 Dear Lauri: Please present this to the City Planning Commission for your meeting tonight. Celine M. Lewing, Legal Asst. to Thomas S. Slovak (760) 322-2275 —Extension 44 Please notify sender immediately at(760)322-2275 If all pages are not received. 'i HIS MESSAGE IS INTENDED FOR THE US E INDIVIDUAL OR ENTITY WHICH IT IS F, F.D FNDI,ERSIGNED TA INFORMATIONTHATPRIVILEGEDD ONFID 1 IF YOU ARE THE INTENDED RECIPIENT,O EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YO HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION CTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY TIH IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVI ESS VIA THE U.S.POSTAL SERVICE. THANK YOU. 10/21/08 16:21 FAX 760 322 2107 ._ SLOVAK BARON & EMPEY fa 002/003 SLOVAK BARON & EWEYuP A T T O R N E Y S A T L A W nI S&SLOVAK 1800 E.TAHQUITZ CANYON WAY, PALM SPRINGS, CA 9ZZ62 ORANGE COUNTY OFFICE DAVIDL BAR PHONE(760)322-2275 FAX(760)322-2107 650 TOWN CENTER DRIVE,SUITE 1400 WKEEM y COSTA KmA.CAur,0RNTA 92626 IAEDN D.DAmwNrc PHONE(714)435.9591 FAX(714)850.9011 PEIEF M.BDCNNEW ICN QIABLCiLGADA0NE0. BRFNiS Gl£MM6R MAUREEN F.GUINAN SW.UNM.MUB y INI D.GNIDIIW IC OF COUNSEL MYRONMErEP-%P.C. H NEAL W ELLS III October 21, 2008 VIA FACSIMILE 760 341-7098 and U.S.MAIL Chair and Members of the City Planning Commission Mr. Van Tanner Mr..Russell Campbell Ms. Sonia Campbell Ms. Connor Limont Ms. Mary Schmidt 73-510 Waring Drive Palm Desert CA 92260 Re: Objection to Zoning Ordinance Amendment Removing Optional Preliminary Approval Procedure Dear City Planning Commission Members: Norman E. Matteoni of the law offices of Matteoni' O'Laughlin & Hechtman and I represent Barracuda, LLC and its members Bruce Kuykendall and David Baron, and Mr.& Mrs. David Nelson property owners in the City of Palm Desert who have previously utilized the Optional Preliminary Approval Procedure now existing in Pahn Desert's Hillside Zoning Ordinance. Our Clients oppose the proposed Zoning Ordinance Amendment that will delete Section 25.15.10 entitled "Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The purpose of the existing procedure is to provide citizens an efficient and reasonable procedure to determine, prior to the expenditure of substantial sums including architectural plans, whether a proposed site location would be acceptable to the City. In connection with David Nelson's application, City staff acknowledged that this procedure benefited all concerned and particularly land owners who wished to obtain preliminary direction and approval by the City before further engaging in substantial expense. Specifically,Mr. Stendell acknowledged that this procedure "...give[s] the applicant some certainty where the applicant could build his house, 10/21/08 16:21 FAX 760 322 2107 SLOVAK BARON & EMPEY IA 003/003 City Planning Commission October 21, 2008 Page 2 because the Hillside Planned Residential zone was very strict and they wanted to make sure they were encouraging people to propose developments consistent with the zone. " [See Planning Commission Minutes of June 3, 2008]. Our clients and their counsel believe there is no justification to adopt the present amendment and every reason to keep it in place. This is to confirm that any such amendment would not apply retroactively and, specifically would have no application to our clients. As the Planning Commission and the City are well aware, restrictions have now been placed on the development on, our clients' hillside property that effectively renders it valueless and constitutes, in our opinion, an unlawful taking of our clients' property through inverse condemnation. While our clients intend to proceed to exercise their rights and remedies in that regard, they hereby object to any interpretation or suggestion that this amendment, if passed,would be applied to them retroactively. Sincerely, SLOVAK WON& EMPEY LLP Thomas S. Slovak TSS/cml Cc: Barracuda LLC Mr. &Mrs. David Nelson Si ovAK BaxoN &ENTEYup A T T 0 R N E Y S A T L A W TIOMAS S.SLOVAK 1800E.TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 ORANGE COUNTY OFFICE DAVID L.3\90N PHONE(760)322-2275 FAX(760)322-2107 650 TOWN CENTER DRIVE,SUITE 1400 MARE.EMPEY COSTA MESA,CALIFORNIA 92626 )ASON D.DAINREINFA PHONE(714)435,9591 FAX(714)850-9011 PL IER M.HOCHNEW ICH CIIARLf_C L.GALIACHER BREN1 S.CLEMMRR MAURF,FN F.GUINAN SHAUN M.MURPHY INI D.GHIUIRMIC GUEN H iR A.RIQmiIt OFCOUNSEL MYRON MIIYI(IIS,P.C. H.NEAL W EL19I1 October 21, 2008 VIA FACSIMILE (760) 341-7098 and U.S. MAIL Chair and Members of the City Planning Commission Mr. Van Tanner Mr..Russell Campbell Ms. Sonia Campbell Ms. Connor Limont Ms. Mary Schmidt 73-510 Waring Drive Palm Desert CA 92260 Re: Obiection to Zoniue Ordinance An:endruent Reinovinp Optional PreliminaM Approval Procedure Dear City Planning Commission Members: Norman E. Matteoni of the law offices of Matteoni' O'Laughlin & Hechtman and I represent Barracuda, LL C and its members Bruce Kuykendall and David Baron, and Mr.& Mrs. David Nelson property owners in the City of Palm Desert who have previously utilized the Optional Preliminary Approval Procedure now existing in Palm Desert's Hillside Zoning Ordinance. Our Clients oppose the proposed Zoning Ordinance Amendment that will delete Section 25.15.10 entitled "Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The purpose of the existing procedure is to provide citizens an efficient and reasonable procedure to determine, prior to the expenditure of substantial sums including architectural plans, whether a proposed-site location would be acceptable to the City. In connection with David Nelson's application, City staff acknowledged that this procedure benefited all concerned and particularly landowners who wished to obtain preliminary direction and approval by the City before further engaging in substantial expense. Specifically, Mr. Stendell acknowledged that this procedure "...give[s] the applicant some certainty where the applicant could build his house, City Planning Commission October 21, 2008 Page 2 because the Hillside Planned Residential zone was very strict and they wanted to make sure they were encouraging people to propose developments consistent with the zone. " [See Planning Commission Minutes of June 3, 2008]. Our clients and their counsel believe there is no justification to adopt the present amendment and every reason to keep it in place. This is to confirm that any such amendment would not apply retroactively and, specifically would have no application to our clients. As the Planning Commission and the City are well aware, restrictions have now been placed on the development on our clients' hillside property that effectively renders it valueless and constitutes, in our opinion, an unlawful taking of our clients' property through inverse condemnation. While our clients intend to proceed to exercise their rights and remedies in that regard, they hereby object to any interpretation or suggestion that this amendment, if passed,would be applied to them retroactively. Sincerely, SLOVAK B ON && EEMPEY LLP Thomas S. Slovak TSS/cml Cc: Barracuda LLC Mr. & Mrs. David Nelson CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Recommendation to City Council for approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 08-392 DATE: October 21, 2008 I. EXECUTIVE SUMMARY: Approval of staff's recommendation will recommend to the City Council approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. II. BACKGROUND: Hillside Planned Residential District The purpose of the Hillside Planned Residential District is to: A. Encourage only minimum grading in hillside areas relating to the natural contours of the land avoiding extensive cut and fill slopes that result in a padding or staircase effect within the development; B. Encourage architecture and landscaping design which blends with the natural terrain; and C. Retain and protect undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in the development proposal in hillside areas. Staff Report Case No. ZOA 08-392 October 21, 2008 Page 2 of 3 The City's Hillside Planned Residential District currently has a procedure that allows an applicant to request an optional preliminary approval of development standards relating to density, building site locations, and access roads and locations from the Planning Commission. Section 25.15.130 states: "Optional preliminary approval procedure. The applicant may choose to submit information and request preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained." Recently, the Planning Department has processed two requests for preliminary approval of building site locations. Both cases went to the Planning Commission and the City Council for review and approval. On one of the properties, a technically challenging location was identified and approved; the second request was denied in its entirety. In both cases, the use of this optional procedure has not been effective in streamlining the process for the applicant. On September 25, 2008, the City Council directed staff to initiate a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. III. DISCUSSION: Section 25.15.130 currently allows a property owner to request preliminary approval of the development standard options identified above. Staff has recently reviewed and processed two such requests. The requests were difficult to process since staff did not have enough information to make a recommendation that would meet the purpose of the Hillside Planned Residential Zone stated above. Without information regarding the proposed home size, architecture, color and landscaping, this section can be confusing and makes it difficult to identify all potential impacts. In addition, if a property owner receives optional preliminary approval, he/she is still required to go through the Architectural Review Commission, in addition to public hearings before the Planning Commission and the City Council for approval of the development plan and home at a later time. Staff believes that this section of the Hillside Residential Zone leads to confusion and is recommending that Section 25.15.130 Optional Preliminary Approval Procedure be removed in its entirety. GAPlanning\Tony Ragato\Wwd Files\Fwmats\.Staff Reports\ZOA\0939220A 08-392 PC Staff Repon.d Staff Report Case No. ZOA 08-392 October 21, 2008 Page 3 of 3 IV. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of ZOA 08-392, which deletes Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. V. ATTACHMENTS: A. Draft Resolution B. Legal Notice Submitted by: Department Head: Tony Bagato Lauri Aylaian Principal Planner Director of Community Development Approval: Homer Croy ACM for De opment Services G:Wlanning\Tony BagatoWord Flles\Fonnats\Stafl Repons2OA\0839220A 08392 PC Staff Repod.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE. CASE NO. ZOA 08-392 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of October 2008, hold a duly noticed public hearing to consider the request by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project is Class 5 Categorical Exemption under CEQA and no further environmental review is necessary, 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 to the City Council of said request: 1. That the optional preliminary approval procedure from the Hillside Planned Residential Zone does not streamline the entitlement process for the property owner and/or applicant; and 2. That proposed Zoning Ordinance Amendment will not negatively impact the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 08-392. PLANNING COMMISSION NESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 218t day of October 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission G.Wlanning\Tony BagetoWord Files\Foanalss\StaB Repoftt OAb8-39720A 08-392 PC ResolWon dw 2 CITY Of PH [ H1 DESERT 73-5io FRED WAKING DRIVE PALM DESERT,CALIFORNIA 9226o-2578 TEU 760 346-o6n FAX:76o 341-7098 inio@pilm-d�xn.orp, CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE, PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone.The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is.obtained. (Ord. 1046A § 3 (Exhibit 8 (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10,2008 Palm Desert Planning Commission FZECEIVED CITY CLERK 'S OFFICE PALM DESERT, CA PROOF OF PUBLICATION This is space f County Clerk's Filing Stamp (2015.5.C.C.P) NOR OCT 15 AN 11: 45 STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen -- ----- years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a 1 printer of the,DESERT SUN PUBLISHING 1 No.3e46 COMPANY a newspaper of general circulation, CITY OF PALM DESERT printed and published in the city of Palm Springs, CASE NO.ZOA oaas2 County of Riverside,and which newspaper has been NOTICE OF INTENT TO ADOPT A.Z TO 6 adjudged a newspaper of general circulation by the ING —ORDINANCE —-AMENDMEF>f CNAPTETt—25.15�IILLSIDE— PLANNEDpp Superior Court of the County of Riverside,State of RESIDENTTA[ DISTRICT OFTRE CRPSI California under the date of March 24, 1988.Case zONING--6RDINANCE. REMOVING-SEC TMNI 2Sf5,13o DPRONAL—PRELIMW PR Number 191236;that the notice,of which the RY APOVAL—PROCEDURE—FROM TFr' � Z6NING-ORRMANCE_ annexed is a printed copy(set in type not smaller PROJECT DESCRIPTION 'The City of Palm than non pariel,has been published in each regular Desert Community Dmelapmem Department & Proposing a Zorn,g Ordmance Amendment tnat and entire Issue of said newspaper and not in any will delete Section 25.15.130.Preliminary Optional', supplement thereof on the following dates to wit: Re deal Procedure from the Hillside tteMs armed PP g > Resldelltal Zone.Tea code ifie 25.15.130 Optional prer"I ary approve' price-' October 10th,2008 dure. The applicant may.choose to s�mrinformation Plan- and requeaf a preliminary ePPrp ding commission which WHI esaipnte ninaP�nsiry, ....._...._____—____—---—-----------_----___—__ development standard option,rides ka n ffy building sits,access reeds and fecaaans. All in the year 2008 oNo btained.(�aip A issued EKh'W (jpnal aar�l),22004) This section will be removed from the ordinance I certify(or declare)under penalty of perjury that the and the optional preliminary approval will no lon' foregoing is true and correct. 9er be available for property owners in the Hillside g g - Planned Residential Zone. PROJECT LOCATION : All Hillside Planned II Dated at Palm Springs,California this—13d',—day Residential zones within the City of Palm Desert. PUBLIC HEARING: of------- October - -------------,2008 SAID public hearing will be held on Tuesday Oc- tober 21,2008,at 6:00 p.m.In the Council�6am- ber at the Palm Desert CNk Center,73 510 Fred Wedng Dme, Palm Desert. at a, at wined time and pace ell imorested persona are invited to adend end be heard.Whiten comments concern / ---_---` -- _------ a all Gems covered by this public hearing notice shay he accepted. to the date of the led anclor nature formetlon cptcemng the prrooppoosed protect . negati+e dedaratbn is avaNaDt for rev nt t I Department of CommunlN Deveopment et Ina above address between l e hours of 6:00 a.m. anrrd555:00 p.m. ay through Friday.It you chat-. be Itmitedtto raisla nycI a a:su you or saYon one else raised et the Public hearing deur3ed in to the tiPlsnnon ing Commisccsiona at, or poor ato. the public hearing. I Lauri Aylaian Sweden? Palm Dosed Planning Grommisslal Published:10110Na Cl1Y OE Fd1M OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92.260-2578 TEL: 76o 346—o6n FAX: 760 341-7098 in(o@palm-deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15. 130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is, obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, 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 at, or prior to, the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10, 2008 Palm Desert Planning Commission i 628020008 628020009 628020010 ROBERT DEL GAGNON CVWD ELAINE BROERMAN 73612 HIGHWAY 111 P 0 BOX 1058 3354 GRAYBURN RD PALM DESERT CA 92260 COACHELLA CA 92236 PASADENA CA 91107 628020011 628020015 628020017 CVWD SARITA AVERY TOM ADLER P O BOX 1058 45815 TIERRA DEL ORO 666 UPAS ST NO 15011502 COACHELLA CA 92236 PALM DESERT CA. 92260 SAN DIEGO CA 92103 628020018 628020019 628020034 GREGORY S FISHER STACEY A BARDFIELD RICHARD FROMME 45835 TIERRA DEL ORO P 0 BOX 8586 1611 W BEACH RD PALM DESERT CA. 92260 MAMMOTH LAKES CA 93546 OAK HARBOR WA 98277 628020035 628030006 628030007 RICHARD H FROMME MICHAEL KIRKPATRICK BEVERLY LANE KIRKPATRICK 1611 W BEACH RD 1923 KEELER ST 5244 WHITAKER AVE OAK HARBOR WA 98277 BURBANK CA 91504 ENCINO CA 91436 628030008 628030009 628030010 BEVERLY LANE WARREN E SLAUGHTER ROGER T KIRKPATRICK 5244 WHITAKER BLVD P O BOX 10956 5244 WHITAKER AVE ENCINO CA 91316 NEWPORT BEACH 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