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Home My WebLink About03 Ord 1368 - GHA Montage - 2nd RdgMEETING DATE O(o • /U � 020 �/ ❑ CONTINUED TO �ASSESTrJ 2ND REA[31NG O�v ' 02�' O�d�y ORDINANCE NO. 1368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO ESTABLISH A LOWER DENSITY FROM "TOWN CENTER NEIGHBORHOOD" TO "CONVENTIONAL SUBURBAN NEIGHBORHOOD FOR THE SUBDIVISION OF 23.4 VACANT ACRES INTO 63 SINGLE-FAMILY RESIDENTIAL DETACHED LOTS LOCATED AT THE INTERSECTION OF JULIE DRIVE AND SHEPHERD LANE WHEREAS, pursuant to the authority granted to the City of Palm Desert ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 10�h day of June 2021, hold a duly noticed public hearing to consider the request by GHA Montage P.D., LLC, for approval of the above-noted project request; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4"' day of May 2021, hold a duly noticed public hearing to consider the request by GHA Montage P.D., LLC, for a recommendation to the City Council for approval of the above-noted project request; and WHEREAS, according to the CEQA, the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the CEQA," Resolution No. 2019-41, the City of Palm Desert (City), in its capacity as the Lead Agency for this project under the CEQA, finds that the proposed project is in accordance with the CEQA. The project completed an Addendum to the Palm Desert General Plan Environmental Impact Report (SCH No. 2015081020), and this Addendum analyzes the proposed General Plan Amendment (GPA) and the project entitlement applications and demonstrates that all potential environmental impacts associated with the proposed project at buildout would be within the impacts already evaluated in the approved EIR; 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 ordinance: FINDINGS FOR APPROVAL Section 25.78.070 of the Municipal Code describes the Findings necessary to determine a GeneralPlan Amendment acceptable. "The Council may approve a General Plan amendment upon finding that the amendment is in the public interest and that the General Plan as amended will remain internally ORDINANCE NO. 1368 consistent. In the event that a General Plan amendment is requested by a private property owner, the applicant shall demonstrate to the Council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers thegoals of the General Plan." 1. The GPA is in the public interest, as it will maintain the community character of the mile-long existing single-family neighborhoods along Shepherd Lane, and on the west side of Portola Avenue. 2. The addition of 23.4 acres of Conventional Suburban Neighborhood, and a corresponding reduction of Town Center Neighborhood lands will not affect internal consistency of the General Plan, as the designation exists, was planned for and applied to lands northand south of the project site, and is an established land use pattern throughout the City. 3. The proposed project provides public benefit by expanding the City's housing stock and providing for the City's expanding population in the immediate future. 4. The proposed General Plan Amendment is consistent with the Goals and Guiding Principles of the General Plan, as demonstrated below: A. Guiding Principle 1. Human Scale Design: The proposed project includes local streets,pathways, and open spaces intended to allow residents to enjoy not only the projecYs amenities but to connect pedestrians to the existing neighborhoods to the north and south, thereby creating a pedestrian, family-oriented atmosphere that encourages social interactions. B. Guiding Principle 3. Streets tor All: The project includes human-scaled streets within it that connect to Portola Avenue, a major north/south roadway that connects residentsto jobs, shopping, schools, and other public areas throughout the City. C. Guiding Principle 4. Accessibility and Connectivity: The project provides internal pedestrian connections to the existing neighborhoods to the north and south, and also is in close, bikeable proximity to commercial and public uses, including planned commercial development at the northeast corner of Gerald Ford Drive and Portola Avenue, the University district to the east, and Desert Willow golf course. D. Land Use Element Goal 1: The proposed project supports the expansion of the Cityas a"beautiful city" by extending the high-quality residential development already occurring to the north and south. E. Land Use Element Goal 2: The project is designed with internal pedestrian access, including access to neighborhoods to the north and south, and provides common area recreational amenities, including multiple internal parks and recreation facilities available to all residents. F. Land Use Element Goal 3: The proposed project will provide for traditional large lots,consistent with those existing to the north and south, and also a transitional area of smaller, 7,200-square-foot lots, which will provide a buffer to the higher densities allowed in the Town Center Neighborhood to the west. ORDINANCE NO. 1368 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert , California as follows : SECTION 1. Adoption of Recitals. That the above recitations are true and correct and constitute the findings of the City Council on this matter. SECTION 2. The General Plan Amendment is identified in "Exhibit A". 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 City Council 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. SECTION 4. Publication. The City Clerk of the City of Palm Desert , Cal ifornia , 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 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 10th day of June 2021 , by the following vote , to wi t: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY , MAYOR ATTEST : CITYCOUNCILEM -M-_-G-LO-R-IA_S_A_N_C_H_E_Z_,_A_C_T_IN_G_C_IT_Y_C_L_E_R_K---..APPROVED-------Dnrtm ____ _ CITY OF PALM DESERT, CALIFORNIA RECEIVED-----OTHER ____ _ ~~~i£~2u ~B J®i , ,,omn,uq , ~ u,11 ~ 3 ABSENTr .... N .. o~h~e~~---------:~~~1:~ ev.&0~0z s/ s rs I Orl&iaal on File with City Clerk's Office ORDINANCE N0. 1368 Exhibit "A" ORDINANCE NO. 1368 GERALD FOqU OR --� � GERALD FORD DR � i � acxounixw ^ x.ounwe � _ . \ mxori r �` , . ��.��.. \ \ l \ \ l�El COlLE4EOP � � . IMPEXI<L[iW IMfEPI1LtTE � � FixG9iOx CT W P IN49iON Ci E � .� PETUNII YLiCE F _� cnmoaenn cxixooxan[ W � Q WOOOW�PODP 1 MOCOIEW Q �,„ � Proposed General o Plan Amendment - ' ` ��::,��E, < <�.E " � '� � _ „ w = _ � ,.M„a„ w « .., E ,� ,„.E �—_ Town Center "° "`�"" i° °T Neighborhood " `�— To "`•T"`""°°°°" �•"•�� •""` Conventional Suburban FRYNK SINqTRA OR Neighborhood City of Palm Desert ,p�,,, CITY COUNCIL ' ��` RESOLUTION NO. 2021-34 ��"`�� Case No. GPA 21-0001 � ��,�.- � Da te: 5