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HomeMy WebLinkAboutZOA 18-0003 OPEN SPACE RESIDENTIAL OVERLAY ZONE (PDCC) r --�-� City Of Palm Desert / Department of Vommunity Development CHANGE OF ZONE APPLICATION 73-510 Fred Waring Drive • Palm Desert California 92260 e (760) 346-0611 Fax (760)77 6-6417 Applicant: C` _/v p/ �Q �(�i �G Telephone: Mailing Address: 73 5--/o T-.-e d W�-�, �l�� Fax number: City: y;- State: Q 7 Zip: Email: Property Owner: Telephone: Mailing Address: Fax number: City: State: Zip: Email: Representative: Telephone: Mailing Address: Fax number: City: State: Zip: Email: Please send correspondence to (check one): Applicant Property Owner Representative Project Address(s): Assessor Parcel Number(s): Existing Zoning: General Plan Designation: Proposed Zoning: REQUEST (Describe the nature of approval requested): Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. Signature Print Name Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Signature Print Name Date OFFICE USE ONLY PROJECT NO: C/Z DATE: ACCEPTED BY: i City of Palm Desert Change of Zone Application I. PURPOSE: The zoning map may be amended by changing the boundaries of any district in accordance with the procedures described in Section 25.84 of the Palm Desert Municipal Code. Staff will investigate the request, prepare a report and recommendation, publishes legal notices, and notifies the applicant and adjacent property owners of the public hearings. Since a public hearing is required before the Planning Commission as well as the City Council, and since the zoning map can only be amended by ordinance, the average review period for a change of zone application is eight (8) to fourteen (14) weeks. If the Planning Commission denies a request, the applicant may appeal the case within 15 days before the City Council. If denied by the City Council, no similar change of zone application may be filed for one(1) year after the date of denial. II. SUBMITTAL REQUIREMENTS: 1. Complete application form filled out with required signatures. 2. Any and all required plans and exhibits as described in the application. II. PROCEDURE: 1. Applicant to submit complete application to the Department of Community Development for staff review. Staff will investigate the request, prepare a staff report with a recommendation, publish legal notices, and notify the applicant and adjacent property owners of the public hearings at Planning Commission and City Council. 2. The proposed change of zone will be presented to the Planning Commission, typically within 6-10 weeks from the time is submitted to staff. Some cases may take longer. 3. The proposed change of zone will then be presented to the City Council for final approval, typically within 4-6 weeks from the Planning Commission decision. III. SUPPORTING DATE: 1. Name of Applicant: 2. This request is made for property described as(exact legal description): 3. Total area of site: (if more than one zone requested, give subtotal for each) 4. Existing Zoning: 5. Proposed Zoning: 6. General Plan Designation: 7. Assessor's Parcel No.: 8. The property is located at: (street address) 9. Between and (street) (street) 2 J� City of Palm Desert Change of Zone Application 10. The present use of this property is: 11. The applicant offers the following reasons to justify the request for a Change of Zone: 3 City of Palm Desert Change of Zone Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFF►DAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, (we), being duly sworn depose and declare to the best of knowledge that the (my/our) foregoing is true and correct under the penalty of perjury: EXECUTED AT: (CITY) (STATE) DATE: (MONTH) (DAY) (YEAR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: (Print Name) (Signature) (Mailing Address) (City, State and Zip) (Area Code)Telephone Number 4 Ordinance Nos. 1340 and 1341 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: July 12, 2018 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration to adopt ordinances to establish Section 25.28.130 "Open Space/Residential Overlay District" of the Palm Desert Municipal Code and apply said overlay district to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637-190- 021, 637-190-024, and 637-190-027), and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Recommendation That the City Council adopt and pass to second reading: 1. City Council Ordinance No. 1340 , approving Zoning Ordinance Amendment 18-0003 to create Section 25.28.130 "Open Space/Residential Overlay District"of the Palm Desert Zoning Ordinance and adopt a Notice of Exemption. 2. City Council Ordinance No. 1341 , approving Zoning Ordinance Amendment 18-0003 applying the "Open Space/Residential Overlay District' to three parcels of land (APNs 637-190-021, 637-190-024, and 637- 190-027) as they relate to the Palm Desert Country Club project, Planning Commission Recommendation On June 19, 2018, at their regularly scheduled meeting, the Planning Commission unanimously approved Resolution Nos. 2722 and 2723, recommending approval of the proposed Zoning Ordinance Amendment (ZOA) and applying it to the former Executive Course parcels at Palm Desert Country Club. The Planning Commission questioned whether a minimum number of community outreach meetings should be specified. Staff responded that golf course conversion projects are sensitive and unique and specifying exact requirements may not reflect the needs of all communities. Therefore, staff recommended that golf course conversion projects not move forward in the public hearing process until staff is satisfied with the number of outreach meetings achieved. In addition, the project would not move forward to public hearings unless the impacted community generally supports the project, or is at an impasse with all alternatives having been sufficiently explored. G1Planninq\Eric Cep\Case Files2OA20A 18-0003 Open Space_ResidentiaRCC Staff Report(ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 2 of 4 Strategic Plan The Land Use, Housing & Open Space chapter of the Strategic Plan contains the following priority: • Priority No. 5: "Utilize progressive land use policies and standards to support ongoing and future needs." Under this Priority, an "Action Step" is listed for the repurposing of golf courses. The specific step includes all parties: residents, the developer, and the City, working together for the repurposing of existing golf course facilities. This ZOA executes the Strategic Plan by providing guidance for repurposing golf courses, establishing community outreach requirements, and providing standards for preservation of open space and the inclusion of new community amenities. Executive Summary Approval of staff's recommendation will establish Section 25.28.130 "Open Space/Residential Overlay District"and apply the overlay district to three (3) parcels within Palm Desert Country Club. The City Council, at their meeting of May 10, 2018, approved a Change of Zone for these three (3) parcels from Open Space (O.S.) to Mixed-Residential (R-2), as part of a larger golf course conversion project for Palm Desert Country Club. At that meeting, the City Council directed staff to establish a new zoning designation that provides requirements for golf course conversion projects, and that the zoning standards should include provisions for: community outreach, preservation of at least forty-five (45) percent open space, and the addition of project/community amenities. The proposed ordinance satisfies the City Council's direction. Background Analysis A. Property Description: Although the ZOA can be applied more broadly once established in the Municipal Code, the proposed Ordinance will apply the overlay district to three (3) parcels within Palm Desert Country Club. The three separate parcels consist of 30 acres formerly used as the Palm Desert Country Club Executive Course (Executive Course). Parcel A consists of 13.5 acres and is bounded by Oklahoma Drive (Oklahoma), Kentucky Avenue (Kentucky), California Drive (California), and Tennessee Avenue (Tennessee.) Parcel B consists of 6.15 acres and is bounded by California, Kentucky, and Tennessee. Parcel C consists of 9.7 acres and is bounded by Tennessee, Utah Circle (Utah), Indiana Avenue (Indiana), California, and New Mexico Drive (New Mexico). B. Zoning and General Plan Designation: Zone: R-2 Mixed Residential General Plan: Golf Course & Resort Neighborhood GAPlanning\Enc Ceja\Case Files\ZOMZOA 19-0003 Open Space_ResidentiahCC Staff Report(ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 3 of 4 C. Adjacent Zoning and Land Use: North: R-1 - Residential Single-Family/Single-Family Homes South: R-1 - Residential Single-Family/Single-Family Homes East: R-1/R-2 - Residential Single-Family/Single-Family Homes and Senior Apartments West: R-1 - Residential Single-Family/Single-Family Homes Background Analysis In May 2018, during the public hearings for the Palm Desert Country Club (PDCC) project, the City Council directed staff to prepare a ZOA for the creation of an "Open Space/Residential Overlay District." The direction from the City Council was for the new zoning to be immediately applied to the PDCC parcels. Additionally, the City Council gave specific direction to Planning staff to include provisions for community outreach, preservation of open space, the incorporation of additional community benefits, and amenities into new project designs. Proiect Description The proposed ordinance incorporates the provisions directed by the City Council including the following: • Golf Course conversion projects are required to host community outreach meetings to evaluate project alternatives and ensure the impacted community participates in the planning process. • That options to maintain the golf course are explored and financial information related to the maintenance of the golf course is shared with the impacted community. • That any development proposal preserves a minimum of 45% of the existing open space unless the applicant can show community support for a reduction below that minimum. • That new community amenities and benefits are incorporated into the project design. • That the density of any development proposal does not exceed the density of the surrounding community. Staff believes that the new overlay zone and the standards contained therein will be effective in ensuring that any future golf course conversion project will require extensive public involvement, new community benefits and amenities, preservation of open space, and density that is compatible with the existing community. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the creation of the Overlay Zone will not have an impact on the \ls -fil20\groups\Ylanning\Enc Ceja\Casc Filcs\ZOA\ZOA 18-0003 Open Space_Residcntial\CC Staff Rcport(ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 4 of 4 environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. Findinqs of Approval Findings can be made in support of the project and in accordance with the City's Municipal Code. Findings in support of this project are contained in City Council Ordinance Nos. 1340 and 1341 , attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development APPLICANT: CITY OF PALM DESERT ATTACHMENTS: 1. Draft City Council Ordinance No. 1340 2. Draft City Council Ordinance No. 1341 3. City Council Public Hearing Notice 4. Planning Commission Resolution Nos, 2722 and 2723 5. DRAFT Planning Commission Minutes: June 19, 2018 6. CEQA - Notice of Exemption G TIanning\Etic Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Rcsidential\CC Staff Report(ZOA).doc ORDINANCE NO. 1340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE SECTION 25.28.130 OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT CASE NO: ZOA 18-0003 WHEREAS, at the City Council meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space, for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the ordinance establishes procedures for all proposed golf course conversion projects and includes provisions for community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the procedures established by the ordinance are in line with the development standards of the Palm Desert Municipal Code, and the community outreach provisions are in line with the practices and policies of the City of Palm Desert; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted and adopted Resolution Nos. 2722 and 2723, recommending that the City Council adopt the ZOA, subject to minor grammatical changes and apply the overlay district to three parcels that previously were occupied by the former Palm Desert Country Club Executive Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on thel2m day of July 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the amendments to Zoning Ordinance Chapter 25.28 are consistent with the General Plan; 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 City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, Califomia, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1 3go SECTION 2. Adoption of the Zoning Ordinance Amendment establishes Section 25.28.130 of the Palm Desert Municipal Code as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty(30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of July. 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA \\srv-fil2k3\groups\Planning\Eric Ceja\Casa Files\ZOA\ZOA 18-0003 Open Space_Residential\ZOA 18-0003 CC Ord - Section 25.28.130.doc Ordinance No. 1340 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non-recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. These meetings require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course, ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: Ordinance No. 1340 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a--density t #arrthe density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. ORDINANCE NO. 1341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPLY A CHANGE OF ZONE FOR THREE PARCELS OF LAND (APNs: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2 TO R-2 WITH AN OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT CASE NO: ZOA 18-0003 WHEREAS, at its meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the property owner for the Palm Desert Country Club consented to the Change of Zone for an Open Space/Residential Overlay at the time of City Council approval on May 10, 2018; and WHEREAS, the Open Space/Residential Overlay District establishes procedures for all proposed golf course conversion projects and includes provisions for: community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted, and adopted Resolution Nos. 2722 and 2723, recommending that the City Council adopt the ZOA, subject to minor grammatical changes and apply the overlay district to three parcels that previously were occupied by the former Palm Desert Country Club Executive Course; and WHEREAS, the City Council.of the City of Palm Desert, California, did on the12'h day of July, 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that applying the Open Space/Residential Overlay District to said parcels is consistent with the General Plan; 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 City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1341 SECTION 2. Apply the Open Space/Residential Overlay district to three parcels located within Palm Desert Country Club as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 121h day of July, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GAPlanningTric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\ZOA 18.0003 CC Ord-3 Parcels doc �� " s ��• ;� WIN M '.�`�• +� '' '•'�••. it i ON W among •rrrrrrrr'fj '+��► •: M �! ;t� ��fS tv r :in PP ..Y Tw MIi9 � � A 1► 'w` Mulls 2111111111111111111111111111100!liNORM M! ��/ ,�; „ �,�r���'�i •### �+ ♦ {�/lltlllllllllllll ♦• ,� .►�, ► ♦ �1 �4 / ttltlllltlt!!/ ♦•�'f 'i �'' " :� WIN So All sellM fail ���lt!!l!I!llllll1111/!!!lltlillll /t11'�*�� `�'#. w M .!t tltllllllllllllllll! llllll!■ !llllllllllllt ' oil■ tii /t!1 1 1!!!t1l1l1� 11! !1!1!!1!!!E ■1lti11111111111111a���iv�� '—` �■�■ Proposed Zoning Change TO • ;YL CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 18-0003 NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT" AND TO APPLY THE OVERLAY DISTRICT TO THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone and apply it to the recently approved project for the redevelopment of the former Palm Desert Country Club Executive Course was agreed to by the property owner and was considered by the City Council when the Change of Zone application was reviewed. Therefore, the Director of Community Development is recommending that the City Council adopt a Notice of Exemption under the CEQA guidelines. Project Location: City-wide Zoning Ordinance Amendment applied to the former Palm Desert Country Club Executive Course. Code Amendment Description: Section 25.28.130 "Open Space/Residential Overlay' is proposed for the addition to the Palm Desert Municipal Code for the purposes of establishing an overlay zone to address the conversion of golf course uses into another type of use. The proposed overlay will establish criteria for its applicability, procedures for community outreach, and development standards for the preservation of open space, land use compatibility, and community benefits. Planning Commission Recommendation: The City of Palm Desert Planning Commission reviewed Case No. ZOA 18-0003 at their meeting of June 19, 2018, and voted unanimously to adopt Planning Commission Resolution Nos. 2722 and 2273 recommending approval of the Zoning Ordinance Amendment to the City Council, subject to minor grammatical changes to the ordinance. Recommendation: Staff is recommending that the City Council adopt Ordinance No. and Ordinance No. establishing Section 25.28.130 in the Palm Desert Municipal Code and to apply the newly created overlay district to properties former occupied by the Executive Course at the Palm Desert Country Club. Public Hearing: The public hearing will be held before the City Council on July 12, 2018, at 4:00 p.m. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date.The public comment period for this project is from July 1, 2018,to July 12, 2018. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at,or prior to,the City Council hearing.All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK July 1, 2018 CITY OF PALM DESERT, CALIFORNIA 2 PLANNING COMMISSION RESOLUTION NO. 2722 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY ZONE" TO ADDRESS GOLF COURSE CONVERSION PROJECTS CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to add Section 25.28.130 Open Space/Residential Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. PLANNING COMMISSION RESOLUTION NO. 2722 SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED,APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 191' day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2722 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non-recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. ese meetings require that the golf course ownership share information related o the golf course's fiscal performance and methods-explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course#ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. -L, , e ro)t 8t" , ;,,Vdt b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners' association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: f 3— PLANNING COMMISSION RESOLUTION NO. 2722 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. I 4 PLANNING COMMISSION RESOLUTION NO.2723 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONE OF THREE PARCELS OF LAND (APNS: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2,TO OPEN SPACE/RESIDENTIAL OVERLAY ZONE AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that propose a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment changing the zone of three parcels (APNs 637-190-021, 637-190-024, and 637-190-027) from R-2 Mixed Residential District to "Open Space/Residential Overlay Zone" as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective PLANNING COMMISSION RESOLUTION NO. 2723 of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED,APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 191 day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE Z , JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2723 J Xv O } w" Avg k� _. ? \ e i�li__ ._-jU -ij 1.L i (�? j_'_(77-7; �V9D'I IIII.IM iV[ TTTT ••,• �,.•,..RO.o.i Avg, .., ;. KOl1111VQ ". E ,f_il_I -11 FRPD WARNG OR Proposed Zoning Change INE\—\\1� R-2 To O.S/R.O. City of Palm Desert Case No. 18-4003 Ciry'COUNCIL CHANGE OF ZONE _ ORDINANCE NO. EXHIBIT A Date: JUNE 19, 2018 3 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, JUNE 19, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM.DESERT, CA 92260 AIM I. CALL TO ORDER AdML Chairman Joseph Pradetto called the meeti rder at 6., I1. ROLL CALL Present: Commissioner Lindsay Hoit Commissioner John Greenw Commissioner Nancy DeLuna Vice Chairman Ron Gregory Chairman Joseph Pj&Wo Staff Present:..., .M. Jill Tremblay, Assistant City Attorney Ryan Stendeil, Director of Community Development Eric Ceja,,Principal Plattner Christina Cenales, Assistant Engineer Monica O'Reilly, Administrative Secretary Justus Swajain, Community Development Intern Ill. PLEDGE OF ALLEGIANCE Chairmen Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendeii summarized pertinent June 14, 2018, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of June 5, 2018, Rec: Approve as presented. Upon a motion by Vice Chairman Gregory, second by Commissioner Del-una, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: Del-una, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None Vill. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATIO request for approval of Tentative Tract Maps 37240, 37241, and 37242 request purposes to establish 69 condominium units on approximately 30"acres Palm Desert Country�ated within Club(PDCC).Case Nos.TTM 37240.TT &TTM 37242(Chris McFadden, Palm Desert, California, Applicant), Principal Planner Eric C:'.aSpr9mnted t4 staff r rt (staff report is available at www.citvofi)almdesert.or a.. omm prow t!and offered to answer any questions. nted t staff omm staff r"'6' pro'n inq Commission n Gree od S if there were any changes to the maps, in p Cie i I as'to resenj the �utnc and the I terms of whd , as presen o the Ci ouncil and the Planning Commission. Mr. Ceja replied that tt es. A Inds' Holt asked what was the resolution in regard to the fencing ay"walls.N Mr. Ceja responded that the fencing and walls were discussed at the City Council meeting. It was settled that the areas where fencing and walls would be built five feet off of residents' property lines, there would be an easement for access and use. Therefore, property owners would be able to use the five feet as their property. He noted the easement will not be transferred to the property owner because it would trigger a reassessment of their property value. Commissioner Holt inquired about the three options for the wall types. Mr. Ceja answered that it is up to the property owner to decide from the three options; a solid wall, wrought iron fence, or combination of a solid wall and wrought iron fence. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. 2 G TiannmgWonica OResllylPlannjng Comaission=18\Minutes\6-19-18,docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 MR. CHRIS MC FADDEN, McFadden Architects, Applicant, St. Charles Place, Palm Desert, California, stated he did not have anything to add to the record. He offered to answer any questions from the Planning Commission and/or from the public hearing. MS. SHARON LASKIN, California Drive, Palm Desert, California, inquired if there is a timeline for breaking ground and completion of the project, and which parcel will they first start constructing. MS. ANNIE ANDERSON, Colorado Street, Palm Desert, California, asked how tall the project will be, would the view of the mountains be blocked, and where are the air conditioning units going to be located. Chairman Pradetto asked staff or the applicant \lotsan estions from Ms. Laskin and Ms. Anderson. �A MR. MC FADDEN responded that they ha,, raced theews are primarily to the south and are the most protected. He said they terraced the site from the properties to the north and benchmarked everything on the lots about half of the height differential, which is roughly 16 feet. As result, there is an eight-foot step-down on the pad height from the homes to the north to the pads on the site to the condominiums to the south. Regarding the air conditioning units, the units will be roof mounted and will not be visible from the street. He said the ridge of the building is higher than the element that holds the air conditioning systems, which were reviewed by the Architectural Review Commission, the Planning Commission, and the City Council. Lastly, they plan to break ground in the summer of'2019, beginning with Site B. They have budgeted to complete the whole project in 18 to 24 months. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood felt the project was consistent with the previous approvals by the Planning Commission and moved for approval. Vice Chairman Ron Gregory concurred with Commissioner Greenwood. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No, 2721, approving Case Nos. TTM 37240, TTM 37241, and TTM 37242, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and to create Section 25.28.130 "Open Space/Residential Overlay Zone" and apply said zoning to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637- 190-021, 637-190-024, and 637-190-027). Case No. ZOA 18-0003 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points from the staff report (staff report is available at www.cityof palm desert.org). He noted there is an error in Exhibit A, under Item D. Procedure; B. Community Options. The word "with" should be added to "The golf 3 G 1PlannmgWonica ORNIl Aftnning GommissionWl$\Mmutes�&19-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 course ownership shall work with Additionally, under Item E. Development Standards; Item A. The percentage is forty-five percent (45%). Therefore, the change should be "At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space . . ." He mentioned the proposed overlay zone would be applied on top of the zoning designation for the PDCC project. Lastly, he noted the parcels are zoned R-2 (Mixed-Residential), which does not allow short-term rentals. Vice Chairman Gregory referred to the percentage of open space and asked how the percentage is comparable to the PDCC project. Mr. Ceja replied that the PDCC project is at 49 perc rIa Commissioner Holt clarified that the proposed 0 rlay Z ould be established when there is a rezone from an Open Space zone to an R-2 ne to accommodate residential development. She asked if that is thesole purpose of the overlay. Mr. Ceja replied that is correct. The overlay zone would be applied to,the PDCC project. In the future, if there are other golf"course conversion applicati,ons, the City will apply the overlay zone standards to the project. Commissioner Holt asked if the proposed overlay zone would work with a mixed-use or commercial development. Mr. Ceja responded that staff attempted not to tailor the overlay zone in which the City could only have type"of project on the golf course conversion. He said an applicant must demonstrate suppott for a reduction of the open space percentage of the impacted core nunity. Chairman Pradetto asked what the threshold is to demonstrate the support from the community. Mr, Ceja answered he was unsure. However, through the community hearing process and community meetings; people would communicate if they are in favor or opposed to the reduction of the 45 percent open space standard, Commissioner HoltJnquired if there were any recommendations made in regard to recreational,amenities. She asked if it is correct that the amenities in the PDCC project are not opb'h to t,66p �' ublic. Mr. Ceja responded that the project will have community pools that will not be open to the general public. The project will have a trail system, exercise equipment, and gazebos that will be available to the public. He stated the City will look for input from the community that would be impacted by the development proposal. Mr. Stendell interjected that the Community Development Department's Management Analyst is the staff liaison for the Parks and Recreation Commission. If there were a recreational amenity that is controversial, City staff could refer the project to the Parks Commission. 4 G VNanninq%fomca ORailyPlanning Commisston12 lMnutest&19-18 dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution Nos. 2722 and 2723, recommending to the City Council approval of Case No. ZOA 18-0003, with the two modifications to Resolution No. 2722 (Items D and E of Exhibit A) as noted by staff. Motion was seconded by Commissioner Holt and carried by a 5- 0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). IX. MISCELLANEOUS A. REQUEST to receive and file information relate Capital Improvement Program (CIP) for projects to be undertaken for the 2018 9M9 fiscal year. Mr. Ceja provided a brief report regarding the CIPs for the 2018/2019 fiscal year. Commissioner DeLuna pointed out that the C't is lying on the gas tax as a source of funds. If the gas tax is repealed, she asked "h of an impact would it be to the City. Mr. Stendell responded that the 1=' nce. me nt Nnd Public Works Department staff will solve the problem if the gas is r e noted the City has not spent any money from th4enwoo nd. Commissioner ked the San Pablo Avenue improvements are located in the report. Commissioner Holt replied Ithat the San 'lo Avenue improvements are on sheet five. She asked staff what is the schedule far i e improvements. Mr. Ceja responded that the City hired an engineering consultant and they are currently working on the construction documents. The documents should be completed in September or October of this year, with construction to begin in early 2019. Commissioner Holt asked for an update on the Portola Avenue Interchange. Mr. Ceja replied that the dates keep changing but work on the interchange could begin in 2020. Commissioner Greenwood referred to the San Pablo Avenue improvements. He inquired if staff is open to presenting the completed documents to the Planning Commission. Mr. Ceja replied yes. Commissioner Greenwood asked for the name of the event that the City hosted on San Pablo Avenue. He inquired if there are plans to have another event. 5 G�.Ptanning+,Monica OR®iNy`,Rammng Commissiom2p18Winut"%6.19-18"docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 Mr. Ceja replied that the name of the event was "Vision San Pablo." He said staff discussed having some type of "kick-off" or "release" party so the community could re- engage with the project once the project is ready to breakground. Chairman Pradetto moved, by Minute Motion, to receive and file the report. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XI. COMMENTS Mr. Stendell introduced summAintern Justus tan. Mr. Swajain recently graduated from the University of California with a degree in Public Policy. The Planning Commission congratulated Mr. Ceja for an award he would be receiving from the Palm Des a Ghamber of Commerce. A XII. ADJOURNMEN With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 6:32 JOSEPH PRADETTO, CHAIRMAN ATTEST: RYAN STENDELL-,qWETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 6 G tPlannangWonica oH&MPlanning Commissionl2GWMinuleskr-19-18 docx NOTICE OF EXEMPTION TO: FROM:City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P.O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95 8 1 2-3044 _ ® Clerk of the Board of Supervisors 2724 Gateway Dr.Riverside, or CA 92507 County Clerk County of: Riverside _ 1. Project Title: I Zoning Ordinance Amendment to establish an"Open Space /Residential Overlay District"and apply said overlay district to three parcels that are part of the Palm Desert Country Club golf course conversion project. 2. Project Applicant: f City of Palm Desert 3, Project Location—Identify street address and Citywide Zoning Ordinance Amendment applied to: cross streets or attach a map showing project site APNs:637-190-021,637-190-024,637-190-027 (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 4. (a)Project Location—City: Palm Desert (b) Project Location—County: Riverside 5. Description of naturo,purpose,and beneficiaries ' The City of Palm Desert wishes to establish an overlay of Project: Idistrict to establish standards for golf course conversion projects.The standards of the ordinance require a I significant amount of public outreach and participation, preservation of 45%open space,the addition of community amenities in the project,and a density limitation that is compatible with the existing community. 6. Name of Public Agency approving project: i City of Palm Desert 7. Name of Person or Agency undertaking the City of Palm Desert project,including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub.Res.Code§21080(b)(1);State CEQA Guidelines§ 15268) (b) ❑ Not a project. — (c) ❑ Emergency Project. (Pub. Res.Code§ 21080(b)(4);State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. CEQA Guidelines Section 15061(b)(3)that CEQA only State type and section number: applies to projects that have the potential for causing a significant effect on the environment. (e) ❑ Declared Emergency. (Pub. Res.Code§ 21080(b)(3);State CEQA Guidelines§ 15269(a)) (f) ❑ Statutory Exemption. State Code section number: Notice of Exemption FORM"B" (g) ❑ Other. Explanation: 9. Reason why project was exempt: Project is consistent with the City's general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. 10. Lead Agency Contact Person: Eric Ceja,Principal Planner Telephone: — _ ._(760)346-0611 ---- - ----- 11. If filed by applicant: Attach Preliminary Exemption Assessment(Form"A")before tiling. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑ If yes,the date of the public hearing was:July 12,2018 Signature: Date: Title: ®Signed by Lead Agency ❑Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference:Sections 21108,21152,and 21152.1,Public Resources Code. Notice of Exemption FORM"B" MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 MR. CHRIS MC FADDEN, McFadden Architects, Applicant, St. Charles Place, Palm Desert, California, stated he did not have anything to add to the record. He offered to answer any questions from the Planning Commission and/or from the public hearing. MS. SHARON LASKIN, California Drive, Palm Desert, California, inquired if there is a timeline for breaking ground and completion of the project, and which parcel will they first start constructing. MS. ANNIE ANDERSON, Colorado Street, Palm Desert, California, asked how tall the project will be, would the view of the mountains be blocked, and where are the air conditioning units going to be located. Chairman Pradetto asked staff or the applicant to address the questions from Ms. Laskin and Ms. Anderson. MR. MC FADDEN responded that they have terraced the lots and views are primarily to the south and are the most protected. He said they terraced the site from the properties to the north and benchmarked everything on the lots about half of the height differential, which is roughly 16 feet. As a result, there is an eight-foot step-down on the pad height from the homes to the north to the pads on the site to the condominiums to the south. Regarding the air conditioning units, the units will be roof mounted and will not be visible from the street. He said the ridge of the building is higher than the element that holds the air conditioning systems, which were reviewed by the Architectural Review Commission, the Planning Commission, and the City Council. Lastly, they plan to break ground in the summer of 2019, beginning with Site B. They have budgeted to complete the whole project in 18 to 24 months. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood felt the project was consistent with the previous approvals by the Planning Commission and moved for approval. Vice Chairman Ron Gregory concurred with Commissioner Greenwood. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2721, approving Case Nos. TTM 37240, TTM 37241, and TTM 37242, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and to create Section 25.28.130 "Open Space/Residential Overlay Zone" and apply said zoning to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637- "�'-"� 190-021, 637-190-024, and 637-190-027). Case No. ZOA 18-0003 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points from the staff report (staff report is available at www.cityofpalmdesert.org). He noted there is an error in Exhibit A, under Item D. Procedure; B. Community Options. The word "with" should be added to "The golf 3 GAPlanning\Monica CReilly\Planning Commission\2018\Minutes\6-19-18.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 course ownership shall work with . . ." Additionally, under Item E. Development Standards; Item A. The percentage is forty-five percent (45%). Therefore, the change should be "At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space . . ." He mentioned the proposed overlay zone would be applied on top of the zoning designation for the PDCC project. Lastly, he noted the parcels are zoned R-2 (Mixed-Residential), which does not allow short-term rentals. Vice Chairman Gregory referred to the percentage of open space and asked how the percentage is comparable to the PDCC project. Mr. Ceja replied that the PDCC project is at 49 percent. Commissioner Holt clarified that the proposed overlay zone would be established when there is a rezone from an Open Space zone to an R-2 zone to accommodate residential development. She asked if that is the sole purpose of the overlay. Mr. Ceja replied that is correct. The overlay zone would be applied to the PDCC project. In the future, if there are other golf course conversion applications, the City will apply the overlay zone standards to the project. Commissioner Holt asked if the proposed overlay zone would work with a mixed-use or commercial development. Mr. Ceja responded that staff attempted not to tailor the overlay zone in which the City could only have one type of project on the golf course conversion. He said an applicant must demonstrate support for a reduction of the open space percentage of the impacted community. Chairman Pradetto asked what the threshold is to demonstrate the support from the community. Mr. Ceja answered he was unsure. However, through the community hearing process and community meetings, people would communicate if they are in favor or opposed to the reduction of the 45 percent open space standard. Commissioner Holt inquired if there were any recommendations made in regard to recreational amenities. She asked if it is correct that the amenities in the PDCC project are not open to the public. Mr. Ceja responded that the project will have community pools that will not be open to the general public. The project will have a trail system, exercise equipment, and gazebos that will be available to the public. He stated the City will look for input from the community that would be impacted by the development proposal. Mr. Stendell interjected that the Community Development Department's Management Analyst is the staff liaison for the Parks and Recreation Commission. If there were a recreational amenity that is controversial, City staff could refer the project to the Parks Commission. 4 GAPlanning\Monica OReilly\Planning Commission\2018\Minutes\6-19-18.docx 65/4-77/2018 93.2$.XX- S8S Formatted:Bottom: 1" A. Purpose and Intent. The purpose of this ordinancesection is to assess and mitigate the impact of a golf course conversion on real property by establishing appropriate procedures, by requiring outreach with residents, property owners and community members dur+ng-4he-desig+�-phase--of t4e--cenv@rsie4-T-prajeet-and by establishing specific development standards to ensure compatibility with the existing land uses. The ordinance seeks to protect the public health, safety and welfare through the following: 1. Maintain open space. Recognizing there may be certain loses of open space with any conversion, this ordinance is intended to maintain usable and passive open spaces in perpetuity for-use-b E4jfr4_-r}t-and future generations. These spaces provide benefits to nearby residents impacted by such conversions as well as the community at large. 2. Neighbor outreach-process. The intent IS to tivato cod[l]: I want to steer away from references to j g mingcons. What ensuethe elspecially nd neighbors when can't reach early consensusrequire extensive communication between the applicant and nearby staresidents, property owners and interested community members (collectively, `consensus? Thatdoesn'tforeclose an application. "community members") on the proposed conversion. In particular, their ordinance section is designed to address the conversion of golf courses surrounded, in whole or in part, by existing residential uses or lands zoned residential. 3. Rev+ewPublic scoping process. The ordinance requires a two-step application process with the intent of resolving conflicts, b 4c144g--�errsusaddressirrg neighborhood concerns and exploring project alternatives during the early stages of a proposed conversion. To that end, this ordinance requires an applicant wiftto complete an intention to convert/scoping application process. a �'�R followed with a4eQafarthe formal conversion application process that is typical for the applicable development propesalsentitlements to convert a golf course(see"conversion application"below). 4_Development standards. It is the intent of the specific development standards contained herein to encourage the applicant to propose a conversion project with land uses and amenities that are compatible and complementary to the existing neighborhoods. Further, the applicant is encouraged to incorporate reasonable input provided by nearby residents, property owners and community members into the development proposal. B. Applicability. 1. The following zoning actions and General Plan Amendments, hereafter collectively referred to as 'conversion applications," shall be subject to Zoning Sodethis section 932a.XX. A conversion application shall be required when a applicant seeks to change a constructed golf course to a non-golf course use. a. General Plan Amendments.This section applies to a golf course constructed in any general plan designation where the proposed non-golf course use is not desoribed as-permitted by the Land Use Element. Amendments to the PS Golf Course Conversion Ordinance--Rough Draft -9-17/2018 General Plan shall be subject to requirements and procedures described in the General Plan and California Government Code Sections 65300 et. sea. b. Zoning actions. This section applies to a golf course constructed in any zoning district where the proposed non-golf_Course use is not permitted, accessory, or conditional in the zoning district or tract for which an entitlement is sought. i. Specific Plan.A specific plan shall be prepared and adopted for the entire golf-course site to provide a comprehensive land use plan complying with the goals and policies of the general plan and the requirements of this ordinance.A specific plan is required to address the unique characteristics and qualities of a project site. The specific plan may refer to and incorporate uses and standards outlined in the zones established by the zoning code,such as the R-1-A, R-2 or R-3 zoning districts. ii. Development Agreement. In addition to a specific plan, a development agreement shall be prepared for a conversion that requires a transfer of development rights(density transfer)as required by the policies and goals of the general plan. The development agreement shall be prepared in Commented[2]:Jim,you have a comment related to the GP accordance with the requirements and procedures set forth in this section policy to 2.2.Do you wantthat incorporated here? and Zoning Code section 94.08.00. WJP-No need. Was just thinking out loud. I 2. Notwithstanding the applicability of Section 93.23.XX(B)(1) of the Zoning Code, the City is not precluded from fequir4i�-of enforcing local codes_re1guiring.regular maintenance of a golf course,including the issuance of warnings,citations,etc. C. Intent to C_onv_ert_Application Procedures-pfeoess. 1. Intent to convert application. The applicant shall submit an "Intent to Convert" application to the City prior to submitting a formal conversion application. The 4e4ll-: The Director of Planning Services shall establish- Formatted:iistO the procedure and application submittal requirements, including but not limited to: a. A title report that identifies the current owner of the property and all encumbrances, including covenants, leases, easements, rights to purchase and any other legally binding instrument,against the property; u. _A property owner statement shall be submitted that expressly identifies any and all recreational leases, private use restrictions, covenants and open space easements that may impact and/or are within the chain of title to any portion of the golf course property (hereinafter, collectively referred to as the "Existing Agreements").To the extent there are any Existing Agreements, the applicant shall attach such Existing Agreements to the Intent to Convert application and shall further identify whether or not the Existing Agreements impact any maintenance obligations and/or use of the golf course property. The applicant will further identify whether or not they are in default of any Existing Agreements (such as failure to maintain the golf course property) as 06 Page 2 of 12 0 + s � PS Golf Course Conversion Ordinance--Rough Draft /17/2018 well as the names, addresses,telephone number and contact persons of any and all parties(other than the applicant)to such Existing Agreements; The Developer's Alternatives Statement, as provided for i_n aragraph (C)(2) below; d. A staterne;t bin tThe P " methods to be used to engage community members at the Neighbor Outreach Meetings, as established provided for in paragraph (C)(,- below; e 15 days afa submitting t �Wlica, the applicant shall post signage on-site(3-ft. by 4-ft in size)that is visible from every adjacent street and similar to the signage required in Section 94.09.00(F) of the Zoning Code, ,)taln with project information, developer and city contact information and other criteria, as specified by the Director of Planning Services; f. A fee shall be paid in such amount as has been prescribed by resolution of the city council for the purpose of defraying the City's costs of processing the application' ; and g_ Environmental Constraints. The applicant shall i-rovide preliminary analyses and environmental studies that identify anu evaluate environmental constraints on development the project site. Sucka--st�shall-id�4y-ti4e profeet s potentially-significant impacts -o-a#-quad,-bi iding an analysis of fish and nts PA ,cI, •llhhthe appliGable Habitat Genselrvati,911 Plan, the US Fish and Wildlife SeFViGe and t California--CepartmerA of €+sit-and Wildlife} c , water quality and traffic that-Gain be addressed thireolgh aveidanGe er redesign. The DiF etOF elf Planning-Services providing-appropr+ate-analyses-and-studies: At a minimum, the submittal shall contain preliminary environmental analyses that address the following criteria: i`biological resources (affected wetlands or waterways, affected- Formatted:Indent:pert o91",Hanging: 0.19' endangered/threatened species,wildlife migration); ii, cultural resources(prehistoric and/or historic resources/structures); iii.floodwaters (creeks, washes and/or water channels that cross the site, 100-year floodpiains,etc.); iv.geotechnical(earthquake faults, landslides, liquefaction); v. hazardous materials on site or proposed to be used in construction on site vi.required permits and permitting agencies for the project (including compliance with the National Environmental Policy Act (NEPA), if required): vii. water quality(surface and groundwater usa eq /depletion, Regional Water Commented[3]:The table seems just too much tome. [have Quality Control Board Or other agency compliance); tried to simplify and make this appear more preliminary. Let's discuss. Formatted:Indent:First line: 0.25" Page 3 of 12 Ps Golf Course Conversion Ordinance--Rough Draft -5J47/2018 a Formatted:List 2,Indent:Left: 0.75",First line: 0.25" /W +e of +h I IC and Waters f +h C+..+ 1• � & r u the v v a �mc—o=rL�r• ;Formatted:List 2,Indent:Left: 0.75",First line: 0.25" Act or SeGtion 1601A603 of the GalifGFRia Game c ode? le +hpr-ee ne} le+n n+ With An, �+rinn+e adopted toproteGt endangered or threatened G. tnnu +he n ee+ ..ffe..+ aRV +, +e undeF the AAi rote. QW Tree+L, F +he pied d-" toan? 2, a- ---dentmfV potent}atyf #istGr4o--Few—afl - Formatted:List 2,Indent:Left: 0.75",First line: 0.25" GUR41:14 S#UGW4� -,6 l b'� LL Aissess +he Nne+en+i" el fe f' d' h' + �EFFiai-SFte� a. Mood n Greeks, washe6, or +h + f l 1 Formatted:List 2,Indent:Left: 0.75",First line: 0.25" Waters Gress the site- A.-der'.—S of the Me the .lain-IAru+hen bed en+me�•I:fL, through the site. is the PFOFeAt ItLe13Lo iRGFeave flood oL f prepen4e6 4: - Formatted:List 2,Indent:Left: 0.75",First line: 0.25" GeeteGhaisa! efo.—�e to estimate— €leseurses earthquakes. De ally earthquake faults Gress the Ofe Fen+ial se++leme . -_ Formatted:List 2,Indent:Left: 0.75",First line: 0.25" Hazwdous saes an the are loon+if the aRtiG{eated enL,irenmen+.+l ne.mi+ . --- Formatted:List 2,Indent:Left: 0.75",First line: 0.25" l�BFniitS mit+inaqeRGAe6. identify aRy iRVOWemeM al-�eti6y Ash 7.Water a Alin the Pre'ect substaRt'ally dep:ptG�£X+StFh� --{Formatted:List 2,Indent:Left: 0.75",First line: �alFt Page 4 of 12 PS Golf Course Conversion Ordinance -Rough Draft -6/47/2018 Will the weposed OF0690 Meet the to @r+„ nntrel reguffirerneRtS of the Regional Water Q-alittv r Formatted:Indent:Left: 0.75",First line: 0.25" 2. Developer's Alternatives Statement. i Formatted:Indent:Hanging: 0.25" The purpose of the Developer's Alternatives Statement (Alternatives Statement) is to serve as a tool to inform community members and the City about the applicant's development options and intentions. It is intended to encourage communication;and cooperation;a-nd e seRsusbsldiRg between the applicant, community members, and the City. The Alternatives Statement shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The Alternatives Statement shall address, at a minimum, the four alternatives noted below. Each alternative shall be accompanied with an economic analysis that details its viability. The alternatives are not intended to be mutually exclusive; the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project. a. No conversion: The applicant shall examine opportunities to retain all or part of the golf course.The following considerations are to be assessed: i. Whether any of the existing property owners' association(s) reasonably related to the golf course are willing and able to purchase all or part of the Commented[a]: what is"reasonably related"? On site of the golf course;and golfcourse?Nearby to the golf course? Radius?Anyassociation in town OK. ii. Whether any of the existing property owners' association(s) and/or any new association reasonably related to the golf course can coordinate joint tCommented[s]:same• control for all or part of the golf course. iii.The economic feasibility of continuing to operate the golf course. b. Partial conversion: The applicant shall prepare a conceptual development plan where a nine-hole and/or par three course is part of the project and provide a narrative that describes the operational aspects of the course and its compatibility with existing and proposed uses, and the economic feasibility of partial conversion. c. City or land conservancy donation or purchase:The applicant shall coordinate with the City and local land conservancy agencies to determine if there is interest on the applicant's part to donate_or. sell, and the city's and/or land conservancy's part to accept a donation or purchase ownership,or maintain a portion or all of the property for a public use, such as a public park, open space, civic use, or other public facilities. This section shall not require the City or land conservancy to purchase or accept a donation of any lands, nor shall this require the property owner to donate or sell any land. d. Conceptual Full conversion development plan: The applicant shall prepare one or more proposed conceptual development plans, consistent with the Page 5 of 12 PS Golf Course Conversion Ordinance--Rough Draft -5J17/2018 development standards established in Zoning Code section 93.23.XX F, depicting the proposed conversion. The applicant shall share the conceptual development plan with the neighboring residents at the GommupAy Outreach Meetings as described in paragraph (C)(3) below.--4-he---conceptual develeprneat—p4ar4— A#eras, Statement- The conceptual development plan shall depict the Commented[61:Deleted based on your comment.This--� retained and proposed land uses, including residential, non-residential, and language doesn't seem necessary to me. reserve areas; existing g and proposed roadway and pedestrian systems; yy,p_p,groed, � existing and proposed trees and landscaping, including the study and — -- ^-- preservation of specimen trees; and the proposed location for the desert greenway, including any passive recreational uses. The narrative shall identify the intensity of the proposed land uses; how the proposed conversion is compatible with the existing surrounding land uses and any methods to provide benefits or mitigate impacts to the community members. It shall also identify any proposed deviations from the General Plan or Zoning Code Visual exhibits to describe the conceptual development plan and amenities, including the desert greenway,shall also be provided. 3. Neighbor outreach meetings. - - Formatted:indent:Hanging: 0.25° The Neighbor Outreach Meetings (Outreach Meetings) are intended to engage the residents, property owners and interested community members, early in the conversion project and inform the applicant as to what these parties find important in the neighborhood, what they consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned City planner shall attend the Outreach Meetings and observe the process.The following is required of the applicant: a. The applicant shall conduct a minimum of two in-person Outreach Meetings in accordance with the procedures outlined by the Director of Planning Services. Notification of these meetings shall be provided to surrounding residents, property owners, community associations and Neighborhood Organizations. Additionally, the applicant shall host a website that provides information on Outreach Meetings and conceptual plans at any time there is an Intent to Convert application submitted to the City. The website address shall be incorporated in the mailings notifying the community members of the in- person Outreach Meetings. b. At the Outreach Meetings, the applicant shall In_,good faith, provide information to the residents, property owners and community members about the purpose of the meeting, including a presentation on the goals and objectives of the conversion project, the conceptual development plan, the desert greenway concept, and the measures taken to ensure compatibility with the existing surrounding neighborhood. A copy of the full Developer's Alternatives Statement shall also be made available at each Outreach Meeting. �Commented[7]: so,this has to b�Iiultrea reachmeeting? Realistic? Perhapsthedeing thestatement as a product of the public i Page 6 of 12 PS Golf Course Conversion Ordinance--Rough Draft &J-17/2018 c. Outreach Meetings report for conversion applications. After completing theboth Outreach Meetings the applicant shall prepare an Outreach Meetings report. The report shall include a list of attendees, a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods, and copies of the materials used during the Outreach Meetings. The applicant shall also include a point- counterpoint list, identifying input from the community members and how and why it was or was not incorporated in the conversion application. The report shall be organized such that the issues and ideas provided by the community members are clearly labeled by the applicant in the list and the conversion application. d7---44-add+#E3R4o the-abGve-GutreaGli requi rein ents,' aa#steal#;a#-r e regiii f the Qty,• +Formatted:List 2,Left held-additiertah+ eeffr�gs-a#ter-the-#ermal-cenversien--apglieatiea(s)-4--mimed. The a a -,Gt#er-pub4i hearing resedares fated its�esiferr94r}9 8© +ec#uding 13ut fot4ifT ite4 tom-site--Rest+agsignag 4. Planning Commission Scoping Meeting. Once the requirements of Sections (C)(1) through (C)(3) have been completed to '�e'�sfa�' ^--e#�taf#, the Planning Commission mayshall review the scope of the Intent to Convert application materials at a study session. The Commission oanmay provide general comments to the applicant, but shall not take any action on the Intent to Convert application, nor shall it preliminarily indicate approval, conditional approval or disapproval of the proposed project at this stage. D. Formal conversion application procedures. 1_Application..-An applicant shall not submit a conversion application (e.g. specific plan, development agreement, General Plan Amendment) until the Intent to Convert applieat+en-process outlined in subsection (C) is deemed completed-by City staff--and the Outreach Meetings are oampieted. An Intent to Convert application may not be deemed completed by Citystaff i#-unl til all outstanding issues relating to any Existing Agreements have been resolved between/among the parties to such Existing Agreements the C sat+sf_ac,t+)n. Thereafter, the applicant may proceed by submitting a }_rmal conversion application with the City as follows: a. General Plan Amendments. For projects subject to 93.23.XX BA.b., the applicant shall file a General Plan Amendment application and-the Outreach Meetings rt b. Other Zoning-actions. For projects subject to 93.23.XX B.1.a., the applicant shall file a specific plan application and an application(s) for applicable entitlements th_-Outreach-Meetings report.The specific plan shall include text and diagrams specifying (1) the distribution, location, and extent of uses of land, including open space. (2) standards by which development will proceed, location of public and private improvements. W desip_n guidelines, and (5) of, fic in G In addition, the applicant shall file an application for a development agreement if a density transfer is required. Deviations fromto Zoning Code section 93.23.XX shall be Page 7 of 12 PS Golf Course Conversion Ordinance--Rough Draft 5J17/2018 prohibited; further, proposed deviations fromto the General Plan and other sections of the Zoning Code shall be described in these applications-and &hare4--vv444loe-cemreun4ty-rx�Fs- _ . c. Fees. When the conversion application is filed a fee shall be paid in such amount as has been prescribed by resolution of the city council for the purpose of defraying the City's costs of processing the application4iG entaf-te. the-pre�s. d. Environmental documentation. The project will require environmental analysis a Commenwd[8]: Do we want broaden this so it ewersallcosts,� not just environmental? and documentation, in accordance with the California Environmental Quality Act (CEQA) and, to the extent applicable the National Environmental Policy Act (NEPA). The applicant shall be responsible for paying fees the City's costs associated with the preparation and review of this material including but not limited to costs asseciate4--A414for City-retained third party consultants, staff and the city attorney's officefa4-t rd-par"eparatkN,,4-a41 Studies requested 4npast-44epo4. This responsibility shall be documented by a reimbursement or similar agreement in form and substance approved by the city attorney's office. Third-party consultant and legal costs shall be based upon the approved retainer agreement between the City and the consultant/attorney. 2. Staff Investigation. After the application is deemed complete staff shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with this ordinance and shall report the findings to the Planning Commission and City Council Staff shall provide an analysis of the Guidelines as provided in paragraphsubsection (E) below and any other findings applicable to the app4Gat+eqs--development entitlements being sought by the applicant. 3. Planning Commission. a. Public hearing. The Planning Commission shall provide-fGrhold a public hearing te-be--he4in the manner provided for in Section 94.09.00. b. Review and recommendation. After holding a public hearing and deliberating the facts of the conversion application the Commission shall make a written recommendation to the City Council including conformity recommendations related to findings of related project development entitlements, if applicable. In the event the Commission is unable to make a favorable recommendation and denies the conversation application the applicant may appeal the decision to the City Council in accordance with the procedures of Section 2.05 of the Palm Springs Municipal Code.' — � _ Commented[9]: Is this necessary?Already addressed in your I Code? J 4. City Council Page 8 of 12 PS Golf Course Conversion Ordinance--Rough Draft -5&-17/2018 a. Public hearing. The City Council shall provide-4orhold a public hearing to be held-in the manner provided for in Section 94.09.00. b. Review and decision. After holding a public hearing, considering the Planning Commission's recommendations and deliberating the facts of the applications,the City Council May approve, conditionally approve or deny the conversion application. Commented[30]: Same. E. Compatibility rReview Cguidelines. - t Formatted:Indent:Left: 0 Hanging: 0.25° The staff report shall evaluate, and the Planning Commission and City Council shall consider the following: 1. Whether the applicant has met the requirements established in this section and development standards in the Zoning Code. In particular, that the proposed design and use(s) of the open space and desert greenway, as applicable, meet the purposestandards as described in paragraph Z44ng-Code-sect .2 jFj:(3) and the minimum fifty percent (50%) open space described in paragraph (F)(5) below. 2. Whether the Outreach Meetings report and point-counterpoint list described above reasonably reflect the discussions that took place at the Outreach Meetings. 3. Whether the applicant incorporated reasonable input provided by the community members to address impacts of the golf course conversion on community members'real property. 4. Whether the applicant provided an explanation as to why input from the community members was not incorporated into the conceptual development plan. 5. Whether the applicant appropriately_demonstrated-ap prep riate opportunities and constraints of an existing site and economic viability of the chosen proposal. 6. Whether the applicant complies with other required findings required for the requested applicationsdevelopment entitlements. 7. Whether there are any Existing Agreements that would prevent the application from moving forward. 8. Whether there are arty-significant existmg environmental impacts-e-enstraipts that cannot be adequatety--dealt -and or mitigated with the proposed proiectin the proposed development. 9. Whether the proposed development adequately provides for the maintenance of the open space and desert greenway,flood zones,and washes. 10. Whether the applicant has demonstrated good faith in the maintenance of the property since acquisition by not allowing the property to deteriorate or otherwise violate applicable State or local maintenance codes. Page 9 of 12 PS Golf Course Conversion Ordinance--Rough Draft SY-17/2018 11. Whether the proposed development is compatible with the existing adjacent residential development. 12. Whether the proposed development is adequately set back from the existing residential development,or is buffered by desert greenway. F. T#e_reper a 6 ^'-o,4he-PtaRefflgGe issior+Ao the-GityGeuneil estab4 rttGu1ar-4he_-P4anning Commission shall give attGRtiGR to the de6'gR of the dese'- -'reeRway and how-4 the desert greeRway.The Council all GORsider nO4-Cede-section 93:23. F-.--Development standards. The following are additional minimum design standards for General Plan Amendments and/or other zoning actions that p-r_opose to convert a golf course. 1. Previously approved open space. Golf course acreages utilized to meet the minimum open space requirements for a previously approved project shall be retained as open space and shall not be included in open space calculations for any subsequent conversion projects. 2. Design Guidelines. In addition to the requirements of Government Code Section 65451, a specific plan shall include design guidelines that specify the form and type of design intended for the development. 3. Desert greenway. The purpose of the greenway is to retain an open space view for community members, support passive recreational uses,and support existing wildlife habitat. For the purposes of this section the desert greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such as: open space, nature trails, parks, playgrounds, golf courses, disc golf courses, exercise equipment, appropriate urban agriculture, landscape buffers and multi-use paths. il-approve other--l-assive fecfeational uses that were vetted at the OutreaGh Meet4W. The desert greenway shall not cotnmenbed[113. I wouldn't tie the Council's hands like this. include required yards(setbacks)of any individual lots. what it they come up with an idea that wasn't vetted? Are they stuck until it goes back to an outreach meeting? a. The desert greenway shall be contiguous to the existing residential properties surrounding the golf course and generally located along the perimeter of the proposed development. The Council may approve an alternative design that was vetted at the Outreach Meetings, as provided for in Zoning Code section 93.23.XX C.3. b. The greenway shall have a minimum average width of 100 feet, and a width of no less that than 75 feet at any one location. The greenway shall span the length of the property to the greatest extent possible. Page 10 of 22 PS Golf Course Conversion Ordinance--Rough Draft �G��7/2018 c. Maintenance of the greenways, artificial ponds, flood channels and floodways. shall be identified through the specific plan review process. d. Existing trees and understory (shrubs and groundcover) shall be preserved and maintained to the greatest extent possible within the desert greenway. The site plan shall identify all existing trees, and identify those trees that will be kept in current locations,and those that will be transplanted to the desert greenway from other locations ri New trees shall also be identified on the site plan. Trees should be sited along biking and walking paths in the desert greenways. e. The proposed new plant materials within the desert greenway shall be selected from the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. The use of native plants is strongly encouraged. f. A portion of the greenway may provide stormwater management. g. The applicant shall record a restrictive covenant in the County's official records describing the use and maintenance of the greenway as described in the zoning action. The covenant shall contain a provision that provides the public with a non-exclusive easement over the paths,walkways and bike trails within the desert greenway.The greenway shall retain its General Plan and/or commented[iz]: Legallyvand?Does this go beyond Quimby zoning designation as open space. orpubllc impacts?Nexus? 4. Landscape Buffers. A landscape buffer shall be provided between the proposed development and land-sexisting _sites zoned residential or with residential uses adjacent to the overall site. The buffer shall be an average of 50 feet with a minimum of 35 feet in width, except where a single fairway is lined with existing homes on both sides. In that case, the setback requirement may be reduced by City Council-#--vette4-4-ur+r�-t#e OutreaGh Mee"s as des ibed in Section 93-,23:XX-F,-,a, ' Commented 113]: See comment#10 5. Open space requirements. Minimum Required. At least half (50%) of any conversion project shall remain as open space. The open space shall include desert greenways (as required in Section 93.23.XX F.3 above), landscape buffers, water channels, and waterways, and to the extent f J pones, and will be based on the project's gross acreage. For the purposes of this section,open space does not include_ a. Streets(pavement and curbs), b. ..Driveways, c_Private residential yards for existing single family homes, _ _ _________ Commented(14] Does this include townhomes with yards? Any the SPR's? d. Setbacks for all new uses(R-1, R-2, R-3, R-4,commercial and hotel zones), e. Public and private open space required for new R-1, R-2, R-3, R-4, commercial and hotel uses, including but not limited to pool areas, clubhouses, tennis courts, playgrounds, parks, etc. that are exclusive to those uses. spaGese ether-pert+ons^'thePFG;eGt +e that e h, d .el paw, a partof-the-everaft--project. Page 11 of 12 PS Golf Course Conversion Ordinance--Rough Draft -56J17/2018 The open space shall be a separate parcel(s)from other parcels used for private development. 6. Stormwater management requirements. The applicant shall demonstrate that the stormwater management for the surrounding uses will be maintained at an equivalent or improved level of service. This shall be demonstrated by a pre versus post development stormwater runoff analysis. 7. Floodplain review. In accordance with Riverside County Flood Control and FEMA, the project shall address all issues related to floodplain management. Any areas proposed for structures shall be outside the 100-year floodplain after development. The post development condition shall not increase floods risk for any existing structures. 8. All other development standards. The conversion of golf courses shall be consistent with the development standards in the Zoning Code, as amended. Building heights, open space and other development standards shall comply with one or more of the zones listed in the Zoning Code. However, an alternative land plan with site specific standards may be considered when vetted through the process outlined in this ordinance. provision—,hall apply. 9. Building Setbacks. a. Single Story Structures. All one-story non-golf course uses, except for the Desert greenway, shall provide a minimum average 50-foot setback from existing lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location, except where a single fairway is lined with existing homes on both sides. In that case, the setback requirement may be reduced by City Council if vetted during the Outreach Meetings as described in Section 93.23.XX F.3.a. b. Multi-story Structures. All structures exceeding one-story within the project area shall provide a minimum setback of 150 feet from existing lands zoned residential or with residential uses.This setback may be reduced to 100 feet if the area is buffered by a desert greenway. 10..Existing roadways identified by the General Plan as Major or Secondary-- — FormaSed:Indent:Left: 0.25°,Hanging: 0.25" Thoroughfares, if previously interrupted by the existing golf course, shall be reconnected during the conversion process. Page 12 of 12 P c23430 Bay,WI mediagroup Tel:760 778 45783/O30 Fax47 0-778-4731 PPfl Of 1HE USA TMAY NErwoRK Email:legals@thedesertsun.com PROOF OF PUBLICATION 1503 CITY OF PALM DESERT STATE OF CALIFORNIA SS. LEGAL NOTICE CASE NO.ZOA 18-0003 COUNTY OF RIVERSIDE NOTICE OF INTENT City of Palm Desert THE PALM DESERT PLANNING COMMISSION TO NOTICE OF EXEMPTION QUALITY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;AND A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY"OF THE PALM DESERT MUNICIPAL CODE JUN 2 5 2018 AND APPLY THE OVERLAY ZONE TO THE FORMER PALM DESERT COUNTRY CITY OF PALM DESERT CLUB EXECUTIVE COURSE 73510 FRED WARING DR The City of Palm Desert(City), in its capacity as the Lead Agency under the California Environmental Quality Act(CEQA), has determined that this Zoning Ordinance Amendment(ZOA)is exempt from CEQA review pursuant to Section PALM DESERT CA 92260 munity DS"lopment 15060(c)2 in that the proposed action will not result in a direct or reasonable Com foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone and apply it to the recently approved project for the redevelopment of the former Palm Desert Country Club Executive Course was agreed to by the property owner and was considered by the City Council when the Change of Zone application was reviewed.Therefore,the Director of Community Development is recommending I am over the f 18 years Old citizen Of the that the Planning Commission adopt a Notice of Exemption under the CEQA aR oe o a C11 guidelines. 3 I Tnited States ari,1 not:9 part-to,or-have inlerest in �, Project Location:City-wide and the former Palm Desert Cour.by Club Executive I Course. j this matter. I hereby certify that the attached Code Amendment Description: Section 25.28.130 "Open SpacelResidential i Overlay" is proposed for the addition to the Palm Desert Municipal Code for advertisement appeared in said newspaper(set in the purposes of establishing an overlay zone to address the conversion of golf course uses into another type of use.The proposed overlay will establish criteria type not smaller than non pariel)in each and entire for its applicability, procedures for community outreach, and development standards for the preservation of open space, land use compatibility, and issue of said newspaper and not in any supplement community benefits. thereof on the following dates Recommendation:Staff is recommending that the Planning Commission adopt a r t0 wit: resolution supporting the changes to Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing:The public hearing will be held before the Planning Commission 06/09/18 on June 19,2018,at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date.The public comment period for this project is from June 9,201B,to June 19,2018. I acknowledge that I am a principal clerk of the Public Review:The ZOA is available for public review daily at City Hall.Please printer of The Desert Sun,printed and published submit written comments to the Planning Department. If any group challenges the action in court,the issues raised may be limited to only those issues raised County of at the public hearing described in this notice or in written correspondence at,or weekly in the City of Palm Springs Prior to, the Planning Commission hearing, All comments and any questions Riverside, State of California. The Desert Sun was should be directed to: Eric Ce'a,Principal Planner adjudicated a Newspaper of general circulation on city of PalmDesert 73-510 Fred Waring Drive RYAN STENDELL,Secretsry March 24, 1988 b the Superior Court of the Palm Desert,CA 9226 Palm Desert Planning Commission 5' 1� (760)346-061 9 mission County of Riverside,State of California Case No. eceja@cityofpalmdesert.org Published:6/9/2018 191236. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 1 Ith of June 2018 in Palm Springs,California. "P. ��1, ry n DECLARANT 'n:; D C 0rC'> Ad#:0002970167 OD �7C M P O:2970167 #of Affidavits:1 —t ..LTG N am CITY 0 1 P 0 L M 0 1 1 N I 7 3-5 1 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 922 60-2 5 78 TEL: 760 346—o6 i i info L�cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION June 20, 2018 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Zoning Ordinance Amendment Related to an Open Space/Residential Overlay Zone The Planning Commission of the City of Palm Desert considered the request and took the following action at its regular meeting of June 19, 2018: The Planning Commission approved a recommendation to the City Council to approve Case No. ZOA 18-0003 by the adoption of Planning Commission Resolution Nos. 2722 and 2723. Motion carried by a 5-0 vote. 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. Ryan Stendell, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal t`X)PRINTED ON XfCY(lEO IXREP F PLANNING COMMISSION RESOLUTION NO. 2722 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY ZONE" TO ADDRESS GOLF COURSE CONVERSION PROJECTS CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: E SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to add Section 25.28.130 Open Space/Residential Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. I s PLANNING COMMI,,.,.ON RESOLUTION NO. 2722 SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED,APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19th day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSIOF SOLUTION NO. 2722 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non-recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the f community surrounding and impacted by the development proposal. These meetings i require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course, ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners' association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: i f E t 3 PLANNING COMMl_,,.,JON RESOLUTION NO. 2722 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community. b. Community Amenities/Benefits. New recreational amenities forthe benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. � j 4 PLANNING COMMISSION RESOLUTION NO.2723 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONE OF THREE PARCELS OF LAND (APNS: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2, TO OPEN SPACE/RESIDENTIAL OVERLAY ZONE AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that propose a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment changing the zone of three parcels (APNs 637-190-021, 637-190-024, and 637-190-027) from R-2 Mixed Residential District to "Open Space/Residential Overlay Zone" as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective PLANNING COMM.,,,AON RESOLUTION NO. 2723 of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19th day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE JOSEPH PRADETTO, CHAIRPERSON ATTEST: v lki5�- RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION mESOLUTION NO. 2723 LD -. 151 sx ` Imo'�,.., .�,�., ��/�: �' �"-�w'.,� _ �� f i'� j ✓-�.�`` / '� '���r?��` - GLWMN mwvmwAvv OKLAROMAW Ll I1-1r1y;��Ay'-f,V `, -7 rcr T- r Proposed Zoning Change N\\�\\\N R-2 To O.S/R.O. City of Palm Desert Case No. 18-0003 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. EXHIBIT A Date: JUNE19, 2018 I 3 CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: June 19, 2018 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and to create Section 25.28.130 "Open Space/Residential Overlay Zone"and apply said zoning to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637-190-021, 637-190-024, and 637-190- 027). Recommendation Waive further reading and: 1. Adopt Planning Commission Resolution No. 2722, recommending to the City Council approval of Zoning Ordinance Amendment 18-0003 to create Section 25.28.130 "Open Space/Residential Overlay Zone" of the Palm Desert Zoning Ordinance. 2. Adopt Planning Commission Resolution No. 2723, recommending to the City Council approval of a Zoning Ordinance Amendment 18-0003 changing the zone of three parcels of land (APNs 637-190-021, 637-190-024, and 637- 190-027) from R2 to "Open Space/Residential Overlay Zone"as they relate to the Palm Desert Country Club project. Background Analysis In May 2018, during the public hearings for the Palm Desert Country Club (PDCC) project, the City Council directed staff to prepare a Zoning Ordinance amendment for the creation of an "Open Space/Residential Overlay Zone." The direction from the City Council was for the new zoning to be immediately applied to the PDCC parcels. Additionally, the City Council gave specific direction to Planning staff to include provisions for community outreach, preservation of open space, the incorporation of additional community benefits, and amenities into new project designs. Staff has prepared a draft of the ordinance for the Planning Commission's review. June 19, 2018 — Staff Report ZOA 18-0003: Open Space/Residential Overlay Zone Page 2 of 2 Project Description The proposed ordinance incorporates the provisions directed by the City Council including the following: • Golf Course conversion projects are required to host community outreach meetings to evaluate project alternatives and ensure the impacted community participates in the planning process. • That options to maintain the golf course are explored and financial information related to the maintenance of the golf course is shared with the impacted community. • That any development proposal preserves a minimum of 40% of the existing open space unless the applicant can show support for a reduction below that minimum. • That new community amenities and benefits are incorporated into the project design. • That the density of any development proposal does not exceed the density of the surrounding community. Staff believes that the new overlay zone and the standards contained therein will be effective in ensuring that any future golf course conversion project will require heavy public involvement, new community benefits and amenities, preservation of open space, and density that is compatible with the existing community. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the creation of the Overlay Zone will not have an impact on the environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. Findings of Approval Findings can be made in support of the project and in accordance with the City's Municipal Code. Findings in support of this project are contained in Planning Commission Resolution Nos. 2722 and 2723, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A N/A N/A Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development ATTACHMENTS: 1. Planning Commission Resolution No. 2722 2. Planning Commission Resolution No. 2723 3. Public Hearing Notice \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\PC Staff Report(ZOA).doc PLANNING COMMISSION RESOLUTION NO. 2722 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY ZONE" TO ADDRESS GOLF COURSE CONVERSION PROJECTS CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to add Section 25.28.130 Open Space/Residential Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. PLANNING COMMISSION RESOLUTION NO. 2722 SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1911 day of June 2018 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSII RESOLUTION NO. 2722 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space / Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non-recreational use. B. Applicability.The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course coversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. These meetings require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course,ensuring that the surrounding property owners have the ability to participate in the design of any new p�ject, and to explore community options outlined below. ar. b. Community Options. The golf course ownership shall work/the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above,formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for.the conversion of existing golf course facilities shall adhere to the following development standards: a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty percent (40%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility.Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review.The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc...) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space /Residential Overlay. PLANNING COMMISSION RESOLUTION NO. 2723 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONE OF THREE PARCELS OF LAND (APNs 637-190-021, 637-190-024, AND 637-190-027) FROM R-2, TO OPEN SPACE/RESIDENTIAL OVERLAY ZONE AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19t" day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert, California, recommends that the City Council of the City of Palm Desert approve and adopt the Zoning Ordinance Amendment changing the zone of three parcels (APNs 637-190-021, 637-190-024, and 637-190-027) from R-2; Mixed Residential District to "Open Space/Residential Overlay Zone" as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective PLANNING COMMISSION RESOLUTION NO. 2723 of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1911 day of June 2018 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOSEPH PRADETTO, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 all ," . . ' , = :1: :111111111111111111�► . ;�`tom • U +� •• „*•��+� i i � ii i � mmm �I�N� �,��1: ��' �tit * � ! :R- s r. ,��, •�.; ����. ,,� , Aw Room mill �11111111111111111111111111111111111111►►►'��� �►���,' i ►1►j; � . = Q1���11111111�1�1■�III��II�I�I�IIII��t �� ,�,���,.�� �j�, � _ ■� �►//11111111111111111/r1 �� ��� ` ♦ ♦ ' � �� No ... •� .r. : = I ''���►�1�1�11111111111��1��11�111111 ;11► ,���� = � .i �111� ����1■1■��11�11���1 �IIII�1� 11���1111��11� - �1/ r■� � i_ ■ ►1111111111111111► 1111111111111111111 ►111111111111111111�■■��■■■ � ��� i Proposed ChangeZoning TO O.SIR.O. CITY 0 ph L M O ESER I 73-51 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6ii FAX: 760 341-7098 info@palm-deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 18-0003 NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY" OF THE PALM DESERT MUNICIPAL CODE AND APPLY THE OVERLAY ZONE TO THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone and apply it to the recently approved project for the redevelopment of the former Palm Desert Country Club Executive Course was agreed to by the property owner and was considered by the City Council when the Change of Zone application was reviewed. Therefore, the Director of Community Development is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: City-wide and the former Palm Desert Country Club Executive Course. Code Amendment Description: Section 25.28.130 "Open Space/Residential Overlay" is proposed for the addition to the Palm Desert Municipal Code for the purposes of establishing an overlay zone to address the conversion of golf course uses into another type of use. The proposed overlay will establish criteria for its applicability, procedures for community outreach, and development standards for the preservation of open space, land use compatibility, and community benefits. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on June 19, 2018, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from June 9, 2018, to June 19, 2018. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary JUNE 9, 2018 Palm Desert Planning Commission