HomeMy WebLinkAboutZOA 19-0004 AFFORDABLE HOUSING OVERLAY STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: February 27, 2020
PREPARED BY: Eric Ceja, Principal Planner
REQUEST: Consideration of a Zoning Ordinance Amendment to amend the Palm
Desert Municipal Code and replace Section 25.28.030 "Medium/High-
Density Housing Overlay District' in its entirety with a new "Housing
Overlay District,"and apply said overlay district to parcels identified in
the City's Housing Element and parcels owned by the Housing
Authority; and adoption of a Notice of Exemption in accordance with the
California Environmental Quality Act, Case No. ZOA 19-0004.
Recommendation
That the City Council waive further reading and pass to second reading:
a. City Council Ordinance No.1352 , approving Zoning Ordinance
Amendment 19-0004, replacing Palm Desert Municipal Code Section
25.28.030 with a new "Housing Overlay District" and adopt a Notice of
Exemption.
b. City Council Ordinance No. 1153 , applying the "Housing Overlay District"
to parcels identified in Exhibit A of this Ordinance.
Planninq Commission Recommendation
At its meeting of February 4, 2020, the Planning Commission considered the Zoning
Ordinance Amendment to replace the "Medium/High Density Housing Overlay District"with
the "Housing Overlay District" The Planning Commission voted 4-0 (Commissioner De
Luna absent) in adopting Resolution Nos. 2772 and 2773 recommending approval of the
Zoning Ordinance Amendment to the City Council.
Strategic Plan Obiective
The creation of the Housing Overlay District achieves the following Priorities outlined in the
Envision Palm Desert Strategic Plan:
Land Use, Housing & Open Space:
Priority 2: Facilitate development of high-quality housing for people of all incomes.
February 27, 2020— Staff Report
ZOA 19-0004: Housing Overlay District
Page 2 of 5
Transportation:
Priority 3: De-emphasize single/low-occupancy vehicles and optimize multiple modes
of travel (bus, carpool, golf cart, bicycle and pedestrian).
Background Analysis
On January 10, 2019, the City Council directed staff to form an ad-hoc `Affordable Housing
Subcommittee"for the following:
• Review the City's affordable housing and planning policies.
• Review existing planning policies from around the State.
• Perform a comparative analysis of available affordable housing with other Coachella
Valley cities.
• Explore affordable housing policy options for the City of Palm Desert.
Throughout 2019, Community Development staff from the Planning and Housing Divisions
worked with Councilmembers Harnik and Kelly to perform the tasks mentioned above. In
October 2019, staff held an open house at City Hall and presented the findings and policy
recommendations to the public. Based on that meeting, the subcommittee has initiated a
Zoning Ordinance Amendment (ZOA) to establish a new and voluntary Housing Overlay
District.
Project Description
Housing Overlay District:
The proposed ordinance replaces the existing "Medium/High-Density Overlay District"
(MHDO) with a new "Housing Overlay District" (HOD). The HOD intends to incentivize the
development of affordable housing units in the City by providing optional development
standards for housing developers that choose to dedicate at least 20% of all housing units
constructed at affordable rents. By utilizing the HOD, housing developers are provided the
following:
• Flexible development standards.
• Expedited application processing.
• Waiver of a Planning Commission public hearing.
• Density Bonuses in accordance with State Density Bonus provisions.
• Reduced parking standards.
• Potential waiver of City development impact fees.
The HOD does not require property owners or residential housing developers to utilize the
incentives provided in the overlay district. Rather, the HOD intends to encourage voluntary
participation by developers to create new affordable housing units.
G\Planning\Eric Ceja\Case F0es\Z0A\Z0A 19-OOG4 Housing Overlay\CC\CC Stall Report(2.27.20).doc
February 27, 2020— Staff Report
ZOA 19-0004: Housing Overlay District
Page 3 of 5
Applicability.
As recommended by the subcommittee, the HOD will be applied to parcels owned by the
Housing Authority and properties, developed or undeveloped, and identified in the City's
Housing Element. In discussing where to apply the HOD, the subcommittee looked at
Housing Authority properties and the City's Housing Element. Housing Authority properties
traditionally are developed with units at affordable rents, and generally receive density
bonuses and parking reductions. There are two Housing Authority parcels recommended to
receive the HOD. One property is located at the Desert ARC campus on Country Club Drive
that is entitled to have 36 housing units for persons with special needs. The second property
is an undeveloped 1.26-acre parcel located at the southeast corner of San Pascual Avenue
and Santa Rosa Way. The Housing Authority anticipates soliciting developer interest in this
parcel later this year.
In 2013, the City Council adopted the Housing Element and established a minimum number
of housing units for 10 parcels north of Frank Sinatra Drive. Two of those parcels: the
Vineyard Apartments and Sage at Ponderosa are developed or under construction. The
other eight parcels remain vacant or are currently in review with the Planning Department
for new housing development. Applying the HOD to all 10 parcels will provide property
owners an option to build affordable units on the parcels or build market-rate units. In the
past, Planning staff has negotiated an affordable housing requirement for these parcels.
The negotiations have resulted in significant delays, and many interested developers have
chosen not to develop. The HOD will minimize the need to negotiate unduly and incentivize
developers to provide affordable units within their projects. The map below identifies the
parcels (included in Ordinance No. 1353 ).
G9P1anning\Eric Ce)a\Case Files\ZOA\ZOA 19.0004 Mousing Oveday\CC\CC Statf Report(2.27.20).doc
February 27, 2020 — Staff Report
ZOA 19-0004: Housing Overlay District
Page 4 of 5
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Medium/High-Density Housing Overlay District:
The MHDO was established in 2013 as part of the comprehensive Zoning Ordinance
Update. The purpose of the MHDO was to allow higher density residential development
north of Frank Sinatra Drive in the undeveloped areas of the City previously referred to as
the "University Park Area." In 2017, the City adopted a comprehensive General Plan update
and the University Park Neighborhood Specific Plan. These documents provided policies
that increased zoning densities and established neighborhood design criteria for the
University Park Area. In 2018, the City updated the zoning standards and densities to be
consistent with the General Plan. As such, the MHDO is no longer necessary. Rather than
remove the overlay from the Zoning Ordinance, staff recommends replacing the overlay
with the new HOD.
Environmental Review
The Director of Community Development has determined that the proposal to amend the
Zoning Ordinance for the creation of the Housing Overlay District 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.
GlPlanningVEne Cefa�:Case Plles120A20A 19 0004 Hoosmg Oveday=%CC Staff Report f227.20)doc
February 27, 2020 — Staff Report
ZOA 19-0004: Housing Overlay District
Page 5of5
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 Zoning Ordinance Amendment are contained in City Council
Ordinance Nos. 1 352 and 1 i5-i , attached to this staff report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY
REVIEW MANAGER
*YtAv�llu N/A
Robert . r6aves Ryan Stendell, Director of Janet Moore An ires ine
City Attorney Community Development Director of Finance A is nt City Manager
City Manager, Lauri A laian:
ATTACHMENTS: 1. Draft City Council Ordinance No. 1352
2. Draft City Council Ordinance No. ]3-)3
2. Planning Commission Resolution No. 2772 & 2773
3. Planning Commission DRAFT Minutes February -4;, 2020
4. Housing Commission Minutes of January S, 2020
5. City Council Public Hearing Notice
6. CEQA Notice of Exemption
G\Planning\Eric Ceja\Case Files 2OA\20A 19-0004 Housing Overlay\CC\CC Stall Report(2.27.20).doc
ORDINANCE NO. 1352
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 TO REPLACE SECTION 25.28.030
"MEDIUM/HIGH DENSITY HOUSING OVERLAY DISTRICT" IN ITS
ENTIRETY WITH A "HOUSING OVERLAY DISTRICT"
CASE NO: ZOA 19-0004
WHEREAS, at its meeting of January 10, 2019, the City Council established an ad-
hoc "Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders,
and recommended moving forward with a Zoning Ordinance Amendment to establish a
"Housing Overlay District" to incentivize the development of new housing units at affordable
rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20% of all project units at affordable
rents, by providing expedited application processing, potential development impact fee
waivers, density bonuses, and reduced parking standards; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41h day of February 2020, 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. 2772 and 2773,
recommending that the City Council adopt the ZOA, and apply the overlay district to properties
identified in the City's Housing Element and to Housing Authority properties; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27 1h day
of January, 2020, 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 overlay district is consistent
with the City's 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.
SECTION 2. Amendment. The City Council of the City of Palm Desert hereby
adopts the Zoning Ordinance Amendment replacing Palm Desert Municipal Code Section
ORDINANCE NO.
25.28.030 "Medium/High Density Housing Overlay District' with a "Housing Overlay
District" 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 27'h day of February, 2020, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GINA NESTANDE, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GAPlannmg\Enc Ceja\Case Fues\ZOW70A 19.0004 Housing Overlay\CC\ZOA 19.0004 CC Ord•HOD.00c
ORDINANCE NO.
EXHIBIT A
25.28.030 Housing Overlay District
A. Intent. The intent of overlay district is to incentivize the development of affordable
housing units in the City of Palm Desert.
B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to
provide optional standards and incentives for the development of a wide variety of
housing developments, which provide a minimum of 20% of all units dedicated as
income-restricted. The overlay zone is generally applied to properties identified in the
City's Housing Element and Housing Authority owned properties as shown in Figure
25.28-1. Wherever the HOD has been added to a base zone, the applicant may
choose whether to use the optional HOD standards and/or the standards of the base
zone.
C. Uses permitted by approved precise plan and conditional use permit. Uses
permitted or conditionally permitted in the R-2 and PR zoning districts may be
approved through an Architectural Review application process. Housing types
applicable to the HOD include, but are not limited to, single-family detached/attached,
duplex units, and multi-family development, either for rent or for sale.
D. Development standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
integrating income-restricted units into market-rate housing developments. Flexibility to
the base zone development standards may be utilized as part of the design review of
an Architectural Review application. Design guidance contained in Section 25.20
"Downtown District Design Guidelines," and within the University Neighborhood
Specific Plan shall be followed.
E. Affordable Housing Requirement. To be eligible for the provisions of this chapter,
rental housing development within the HOD shall provide a minimum of twenty percent
(20%) of all units within the project at income-restricted rents, or at least one (1) unit for
smaller residential projects. All fractional units shall be rounded up to the next whole
number.
F. Density and intensity. Project densities are established in the Zoning Ordinance and
on the Zoning Map. Any mixed-use and residential project under this Chapter is eligible
for a density bonus as allowed under State law. Formulas for density bonuses are
contained in Palm Desert Municipal Code Chapter 25.34.040.
1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary
according to presence or absence of common project amenities. Each unit
shall contain, as a minimum, a kitchen including two (2) burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
G\Ptanning\Enc CaImCasa Res\ZOAVOA 19.0004 Housing Oveday\CC\ZOA 19.000d CC Ord•HOD.doc
ORDINANCE NO.
G. Parking requirement.
1. Parking ratios based on bedroom count shall be calculated as follows:
Table 25.28-1: Parking Required for Housing Overlay
Bedroom Count Parking Ratio
Studio/ 1 Bedroom 1.50 per unit
2 — 3 Bedrooms 2.00 per unit
H. Development Impact Fees: Any mixed-use or residential project eligible under the
overlay district may be subject to a fee waiver of City fees for all income-restricted units
including plan check and inspection fees. The remainder of the project may be eligible
for a reduction in fees if funding sources are available with the City's Affordable
Housing funds.
G\Planning\Edc Ceja\Case Files\ZOA\ZOA 19.0004 Housing Overlay\CC\ZOA 19-0004 CC Ord-HOD.doc
ORDINANCE NO. 1353
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, TO APPLY THE HOUSING OVERLAY DISTRICT
TO HOUSING AUTHORITY PARCELS AND PARCELS IDENTIFIED IN THE
CITY'S HOUSING ELEMENT (APNS: 623-370-014, 627-120-013, 685-010-
005, 694-120-028, 694-130-016, 694-130-017, 694-190-087, 694-200-014,
694-200-024, 694-510-001, & 694-510-013)
CASE NO: ZOA/CZ 19-0004
WHEREAS, at its meeting of January 10, 2019, the City Council established an ad-
hoc "Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders,
and recommended moving forward with a Zoning Ordinance Amendment to establish a
"Housing Overlay District" to incentivize the development of new housing units at affordable
rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20% of all project units at affordable
rents, by providing expedited application processing, potential development impact fee
waivers, density bonuses, and reduced parking standards; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4'h day of February 2020, 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. 2772 and 2773,
recommending that the City Council adopt the ZOA, and apply the overlay district to properties
identified in the City's Housing Element and to Housing Authority properties; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271' day
of January, 2020, 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 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.
SECTION 2. Applicability. The City Council adopts this ordinance and applies the
Housing Overlay District to Housing Authority parcels and parcels identified in the City's
Housing Element and as identified in Exhibit "A" attached to this Ordinance.
ORDINANCE NO.
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 2711 day of February, 2020 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GINA NESTANDE, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G\Planning\Eric Ceja\Case Flles\ZOA\ZOA 19.0004 Mousing OverlaoCC\ZOA 19-0004 CC Ord-Paroels.doc
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City of Palm Desert
�YAtd/p CITY COUCIL
ORDINANCE NO.
Case No. ZOA 19-0004
Date: 2/27/2020
PLANNING COMMISSION RESOLUTION NO. 2772
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION
25.28.030 "MEDIUM1HIGH-DENSITY HOUSING OVERLAY DISTRICT"
WITH A"HOUSING OVERLAY DISTRICT,"AND TO PROVIDE INCENTIVES
FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL
UNITS IN NEW RESIDENTIAL PROJECTS
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
41h day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District"to incentivize the development of new housing units at affordable rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20%of all project units at affordable rents,
by providing expedited application processing, potential development impact fee waivers,
density bonuses, and reduced parking standards; and
WHEREAS, 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 to replace Section 25.28.030 Medium/High-Density
Housing Overlay District with a "Housing Overlay District"as shown in Exhibit A which is
attached hereto and incorporated herewith.
PLANNING COMMISSION RESOLUTION NO. 2772
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 4"' day of February 2020, by the following
vote,to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE 1
LI SAY HOLT, C AIR
ATTEST:
"Uk
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION RESOLUTION NO. 2772
EXHIBIT A
25.28.030 Housing Overlay District
A. Intent. The intent of the overlay district is to incentivize the development of affordable
housing units in the City of Palm Desert.
B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to
provide o tional standards and incentives for the development of a wide variety of
housing developments, which provide a minimum of 20% of all units dedicated as
income-restricted. The overlay zone is generally applied to properties identified in the
City's Housing Element and Housing Authority owned properties as shown in Figure
25.28-1. Wherever the HOD has been added to a base zone, the applicant may choose
whether to use the optional HOD standards and/or the standards of the base zone.
C. Uses permitted by approved precise plan and conditional use permit. Uses
permitted or conditionally permitted in the R-2 and PR zoning districts may be approved
through an Architectural Review application process. Housing types applicable to the
HOD include, but are not limited to, single-family detached/attached, duplex units, and
multi-family development, either for rent or for sale.
D. Development standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
integrating income-restricted units into market-rate housing developments. Flexibility to
the base zone development standards may be utilized as part of the design review of an
Architectural Review application. Design guidance contained in Section 25.20
"Downtown District Design Guidelines," and within the University Neighborhood Specific
Plan shall be followed.
E. Affordable Housing Requirement. To be eligible for the provisions of this chapter,
rental housing development within the HOD shall provide a minimum of twenty percent
(20%) of all units within the project at income-restricted rents, or at least one (1) unit for
smaller residential projects. All fractional units shall be rounded up to the next whole
number.
F. Density and intensity. Project densities are established in the Zoning Ordinance and
on the Zoning Map. Any mixed-use and residential project under this Chapter is eligible
for a density bonus as allowed under State law. Formulas for density bonuses are
contained in Palm Desert Municipal Code Chapter 25.34.040.
1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of common project amenities. Each unit shall contain,
as a minimum, a kitchen including two (2) burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
3
PLANNING COMMISSION RESOLUTION NO. 2772
G. Parking requirement.
1. Parking ratios based on bedroom count shall be calculated as follows: '
Table 25.28-1: Parking Required for Housing Overlay
Bedroom Count Parking Ratio
Studio/ 1 Bedroom 1.50 per unit
2— 3 Bedrooms 2.00 per unit
H. Development Impact Fees: Any mixed-use or residential project eligible under the
overlay district may be subject to a fee waiver of City fees for all income-restricted units
including plan check and inspection fees. The remainder of the project may be eligible
for a reduction in fees if funding sources are available with the City's Affordable Housing
funds.
4
PLANNING COMMISSION RESOLUTION NO. 2773
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 APPLY THE
HOUSING OVERLAY DISTRICT TO HOUSING AUTHORITY PARCELS AND
PARCELS IDENTIFIED IN THE CITY'S HOUSING ELEMENT (APNS: 623-
370-014, 627-120-013, 685-010-005, 694-120-028, 694-130-016, 694-130-
017, 694-190-087, 694-200-014, 694-200-024, 694-510-001, & 694-510-013)
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41h day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District"to incentivize the development of new housing units at affordable rents; and
WHEREAS, the subcommittee reviewed which properties to apply the Housing
Overlay District recommended starting with Housing Authority parcels and those parcels
identified in the City's Housing Element; 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 an 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 creating the Housing Overlay District and applying the
overlay to parcels 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
PLANNING COMMISSION RESOLUTION NO. 2773
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED,APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, Calif omia, at its regular meeting held on the 41h day of February 2020, by the following
vote, to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE 1
i'
LI DAY HOLT, CH
ATTEST:
IFZA�
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION RESOLUTION NO. 2773
EXHIBIT A
- Open Space
Conventional Suburban Neighborhood
Rural Neighborhood p
Golf Course&Resort Neighborhood F,
Small Town Neighborhood
Town Center Neighborhood
C
- Employment
s
Industrial
Public Facdaylinstitutional
Resort&Entertainment
- Regional Retail
Suburban Retail Center >
Neighborhood Center *
Downtown
� z
c
t
i
PALM DESERT
b'
GENERAL PLAN/
HOUSING ELEMENT
r r �
City of Palm Desert PLANNING COMMISSION
RESOLUTION NO. 2773
Case No. ZOA 19-0004
Date: 24 2C2v
3
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020
assist with Section 8. Additionally, staff addressed the concerti with ADUs and JADUs in
the HPR (Hillside Planned Residential) zone.
Commissioner Pradetto asked if staff had any other concerns related to the ordinance.
Mr. Melloni replied no.
Commissioner Pradetto believed that in terms of loopholes, the governor is saying the
City's loopholes are his solution. He said from the State's perspective, they are not
loopholes it is their intent. Looking at the ordinance as a whole, he liked the architectural
requirements and dealing with health and safety. He believed there would be some
adjusting throughout the State; however, Palm Desert may not need to rush to build
ADUs/JADUs like in other areas. He commented that Palm Desert could learn from other
cities' mistakes over time.
Chair Holt declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
With further testimony offered, Chair Holt declared the public hearing closed.
Vice-Chair Greenwood stated that Commissioner Pradetto's comments were accurate.
Vice-Chair Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2771, recommending approval of Case No, ZOA 20-0004 to the
City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote
(AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna).
B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to
the City Council to amend the Palm Desert Municipal Code and replace Section
25.28.030 "Medium/High-Density Housing Overlay District" in its entirety with a new
"Housing Overlay District," and apply said overlay district to parcels identified in the
City's Housing Element and parcels owned by the Housing Authority. Case No. ZOA
19-0004 (City of Palm Desert, Applicant).
Principal Planner Eric Ceja outlined the salient points of the staff report and recommended
approval to the City Council. He offered to answer any questions.
Commissioner Gregory commented that in the past couple of years, staff presented
housing projects to the Planning Commission. He asked if a project like The Sands would
be more likely to move forward with the Housing Overlay District (HOD).
Mr. Ceja responded that The Sands is not a good example. He said that The Sands
property has an affordable housing component for the past 30 years. He pointed out that
a better example is Parcel G. It is a project that the Planning Commission has
recommended approval to the City Council; however, City staff were not able to take it to
the Council because staff is still negotiating the affordable housing component for that
site. If the City Council approves the ZOA, he stated the City would apply the HOD to
Parcel G.
6
PRELIMINARY MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020
Mr. Stendell added that this request came from a Councilmember. The
Councilmember felt that the City was being consistent in being inconsistent with
negotiating affordable units. Therefore, the intent was to create something that would
be fair, have an incentive base, and help speed up the development of affordable
units.
Vice-Chair Greenwood inquired if there is any support frorn utility companies to assist
with fees to develop a low-income housing project.
Mr. Ceja replied no. However, utility companies have other programs in place, For
example, Southern California Edison can cap utility rates or help with utility
improvements on properties. He stated that school districts do not waive fees for
affordable housing projects. He mentioned that the highest fee developers have to pay
in the Coachella Valley is the Transportation Uniform Mitigation Fee, which the
Coachella Valley Association of Governments (CVAG) established and manages.
CVAG created an exception for affordable housing projects.
Mr. Stendell mentioned that the Housing Division was incorporated into the
Community Development Department in July 2019, and introduced Senior
Management Analyst Jessica Gonzales.
For new construction, Ms. Gonzales noted that utility companies are establishing new
programs that would facilitate some options for affordable housing projects.
Chair Holt declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
With no testimony offered, Chair Holt declared the public hearing closed.
Commissioner Gregory moved to waive further reading and adopt Planning
Commission Resolution Nos. 2772 and 2773, recommending approval of Case No. ZOA 19-
0004 to the City Council, The motion was seconded by Commissioner Pradetto and carried
by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT:
DeLuna),
XL MISCELLANEOUS
None
XII. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
Vice-Chair Greenwood reported that there was an election of officers, and the
Commission discussed a community service award program.
7
'
ADJOURNED MINUTES
PALM DESERT HOUSING COMMISSION JA0UARY@ 2020
V. NEW BUSINESS
A.
REQUEST FOR CONSIDERATION of recommendation to the Housing Authority Board
and City uuurm/ to approve the Housing Overlay District for the establishment Of an
affordable housing incentive policy \Ub8presented at 8fUture nl88b0g.
Senior Management Analyst, Jessica Gonzales provided a brief summary of the request
before the Commission and introduced Principal Planner, Eric C ja for the preG80t8bOD
of the Housing Overlay District.
M[. Cg(8 provided 3 short introduction Of hirn3e|[ He then provided R summary of the
background tothe Housing C)Vaday District, stating last year City Council appointed 8
SUbCOrD[Dittg8 including Mrs. Gonzales, himself and council members, Jan Hannikand
Kathleen K8UV. to 9Xp|Oo3 8ffOnj8b}8 housing policies for the City of P8|nn Desert. After
reviewing 8 range ,of different policies, the GVbCO[nrnitte8 is recommending B zoning
ordinance amendment which establishes a Housing Overlay District.
M[ C jG explained the Housing Benl8Ot Plan SUbrDi1t8d to the State contains
requirements that the City is mandated to perform, specifically the RggiOO8| Housing
Needs Assessment (RHNA) which requires the City to plan for a number of housing units
tobebuilt during 8O eight year cycle, with the upcoming cycle\o begin 2U21. The City has
had many proposals come forward for residential developments which has led to staff
being tasked with looking at ways to achieve additional RffoKjah(O housing for each of
these developments. P[8vi0US negotiations with developers have been individualized
resulting in a variety of different incentives being provided and applied toeach project.
City (�0unCil requested staff research the possibility of devising ast8nd4nd pOUC ' for
incentives offered to interested developers, instead of individualized negotiations of
incentives for each project.
Mr. C j@fUrthS[stfted Mrs. Gonzales and he reviewed the <]itv`S goals and policies in the
General P13D, Strategic Plan, and the Housing E|erD9Ot to S88 what policies are
established at the city level that are similar which specifically address affordable housing.
They also looked at a metric of how best to view housing as a whole for the City. Their
research found a jobs housing balance of one and m half jobs for every household was
promoted by both the American Planning Association and the Building Industry
Association. They also reviewed RHNA. The State has determined 1.3 million homes will
need to be built in Southern California over the next eight year cycle which begins in 2021,
An estimated 2.700 of those homes are to be built in the City of Palm Desert. The
proposed affordable housing Units will vary from very low income to above moderate
income. Director of Community O8vG|0pnngnt' Ryan St8nde||. Cornnn8O1ed in the last five
years the City has built less than 100 units per year, so this metric is very ambitious.
Reviewing the RHNA Cycles, in 1998 the City met its overall goal for total number of units
required. HOvv8vBr. in 2007' recession hit and the State eliminated Redevelopment
/\geOCiSS which significantly Cut into the City'S ability to develop housing. The City was
ultimately unable to meet RHNA'Sgoa| number. With the end Of the current F{HNACVC|e,
2O14 through 2O21, the City was able tO meet the required production numbers based On
private market development and Housing Authority projects that have been completed,
2
ADJOURNED MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
specifically, the Carlos Ortega Villas. Mrs. Gonzales noted these numbers also include
projects that have been approved, but are not yet constructed.
Mr. Ceja stated Mrs. Gonzales and he used the metric of one and a half jobs for everyone
household promoted by the American Planning Association and the Building Industry
Association to see how the City of Palm Desert compares to this standard.
A review of Palm Desert's portfolio reveals approximately 1,700 units built which are
currently in operation with 245 committed units in the very low income category. Upon
inquiry as to whether these are rental properties or owner occupied, Mrs. Gonzales
explained there are four different housing categories. The first being the fifteen Housing
Authority communities, the second category are 350 developer provided units which are
through a housing agreement utilizing a density bonus, the third category are owner
occupied, which are single family homes offered at the Falcon Crest and Desert Rose
communities as well as inf ill homes built through self-help and Habitat for Humanity of the
Coachella Valley. The fourth category, Entitles, is a combination of all categories. Of the
approximately 1,700 units, 725 are dedicated to very low income households, 719 to low
income, and 308 for moderate income households. Seniors occupy just over 700 of the
units and nearly 500 units are occupied by households with children under the age of 21.
Additionally, almost half of the total units are maintained by a female head of household.
Mr. Ceja reported Mrs. Gonzales and he conducted thorough research and review of the
other cities valley-wide to see how Palm Desert compares. Results for Palm Desert
indicated there are approximately 2 people per household with 1.14 jobs available per
household. While not quite at the 1.5 ratio that is advocated for, Palm Desert is doing
better than most cities in the Coachella Valley.
Councilmember Kelly, commented the large number of retirees in the Coachella Valley
influences the overall numbers. There is an expectation of fewer jobs per household as a
consequence of the retiree population occupying so many homes. Discussions amongst
the subcommittee members have observed that Palm Desert is the employment center of
the Coachella Valley therefore, efforts should be made to ensure there is sufficient
housing to support the employees in Palm Desert.
Mr. Ceja reported approximately 4.5% of Palm Deserts housing stock is dedicated to
affordable housing. Mrs. Gonzales and he did extensive research to determine what other
affordable housing policy options are available around the state. There have been a
number of changes at the State level in the last two years including 18 new housing laws
passed in 2018 and 19 new housing laws passed in 2019.
These new laws include items which would streamline the process for development.
Permits will still be required for projects such as building an accessory dwelling unit or a
new addition to a home, however, the City would be limited with its ability to deny the
development of these types of structures. Additionally, there are new California
Environmental Quality Act(CEQA)clearances and guidelines related to housing that have
been implemented to assist with expediting the development of housing with the State.
Their research also revealed many cities were creating an affordable housing overlay
district, which is the policy before the commission. Other cities fee schedules were also
3
ADJOURNED MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
reviewed. Staff had considered the possibility of a no net fee, which would allow fees to
essentially stay the same, however, a portion would be allocated to affordable housing.
At the policy committee level it was not recommended to move forward with this
alternative, though, this is still an option which may be considered in the future.
There has also been discussion regarding the need to identify Housing Authority
properties and taking a more assertive approach to market these properties for
development. With the release of the new RHNA numbers staff will need to be strategic
with how these properties are released and developed. In larger cities, an inclusionary
housing ordinance has been implemented which requires developers to set aside a
portion of that development for affordable housing.This policy has received mixed reviews
and is not currently in practice within the Coachella Valley, therefore, it is not an option
being entertained at this time.
Mr. Ceja referenced the current Housing Overlay District policy before the commission,
stating its intent is to incentivize affordable housing units. This policy would be voluntary
and would be applied to properties that have been identified in the City's housing element
as well as Housing Authority properties. This is an optional standard, should a developer
choose to allocate 20% of the units within their housing project as income restricted units,
they are eligible for the incentives offered in the policy.
Commission Buller inquired as to the origin of the incentives being proposed in the policy,
did staff receive feedback or input from the development community or are they from other
city policies.
In reply, Mr. Ceja stated initially, City staff met exhaustively with the Building Industry
Association, Desert Valley Builders Association, Coachella Valley Housing Coalition and
other affordable housing developers to get a better understanding of what impedes their
ability to develop affordable housing. What staff learned was that requiring certain items
can make it difficult for developers to finance their projects, however, they approved of an
option to have incentive standards available to them. Additionally, staff reviewed other
cities who had overlay district policies, finding the majority offered development standard
flexibility, some type of expedited process through the City, and a density bonus. Staff is
hoping there are enough incentives within this policy to entice developers to provide
affordable housing units as part of their project.
Chair Mireles observed the identified properties for the overlay district are all north of Fred
Waring and asked if there was a reason for this.
Mr. Ceja replied the identified properties are already part of the established housing
element and others are already owned by the Housing Authority,making these ideal areas
to slowly start the implementation of this policy. He noted this policy could be applied to
additional areas in the future.
Councilmember Kelly added the City is trying to avoid over populating areas and
drastically altering the character of established neighborhoods without community input
and public hearing. These properties have already been identified as very suitable for this
kind of development.
4
ADJOURNED MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
Vice Chair Ballard asserted the issue seems to be the percentage of loss to property
values.
In reply, Councilmember Kelly stated the issue is lifestyle as well as property value, adding
many people have moved to the area because they want to escape urban density.
Vice Chair Ballard commented there are a number of different things that will rely on the
success of this program. He noted they will need to adapt new standards of appraisal for
example, adding he can see many positive and negative aspects to this program. He
stated one of the issues his client has come up against is the community's unwillingness
to have affordable housing in their area. Vice Chair Ballard expressed it will be a challenge
to present this program in a positive light, and felt it should be taken to the real estate
community to see how this will affect them. He stated he feels the overlay is a great idea
and agrees with the recommended policy.
Director of Community Development Ryan Stendell agreed that the implementation of this
policy will not be easy, however, it is a good start toward the future of affordable housing.
Vice Chair Ballard inquired about the possibility of approaching the Marriott, adding they
have the land and the means to build.
Councilmember Kelly asserted affordable housing requires extensive expertise because
the funding sources are varied and complex, it is a specialty. There are entities with this
specialty in the Coachella Valley, and many more resources outside of our area which we
may be able to entice to the City. It would be difficult to convince entities that do not
already possess an expert on staff to take this opportunity. It would a greater prospect for
success to identify and entice entities that are already involved in the affordable housing
industry within the surrounding vicinity.
Mrs. Gonzales explained this policy is intended for communities being developed that
would not have 100 percent affordability provided as part of that community. This policy
is meant to encourage private developers, who did not plan otherwise, to include 20% of
their units as affordable housing, so they can take advantage of the incentives which come
along with this inclusion.
Chair Mireles expressed concerned regarding the designated areas being concentration
in one area adding he would like to see it spread more throughout the City.
Councilmember Kelly commented that our current affordable housing communities are
located throughout the City. The area designated in the overlay district are where the City
has the most vacant land available for development. This proposed area currently has
housing communities like Genesis, already developed and the allocated areas for
affordable housing are approximately 25% of the overlay district, so a noticeable
concentration of these developments are avoided.
Mrs. Gonzales reiterated that the developments would not be one hundred percent
affordable, it would be 20% of the units in any given development which would prevent a
concentration of affordable households. Additionally, since these areas are vacant land
they provide the best opportunity for developers to take advantage of the density bonus
5
ADJOURNED MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
and other offered incentives, which in turn allows the City to yield a greater number of
affordable units.
Commissioner Buller observed some of the incentives and strategies mentioned in the
housing overlay district were items that were negotiated with the developer for the Sands
project.
In reply, Mr. Ceja stated this was correct, adding the State already allows a density bonus
and notes the number of concessions a City should offer. The overlay district policy uses
some of those density provisions and further defines the incentives which would be
available as a standard to any developer who chooses it as an option.
Upon inquiry by Commission Buller, Mr. Stendell stated the map provided is part of the
General Plan adding the designated overlay district areas are zoned as planned
residential.
Chair Mireles commended the City for being aggressive about addressing the issue of
affordable housing.
Upon a motion by Vice-Chair Ballard, second by Commissioner Guinaw, and a 6-0
vote of the Housing Commission the Request for Consideration to recommend approval
of the Housing Overlay District was approved as presented (AYES: Ault, Buller, Ballard
Guinaw, Mireles, and Morrison; NOES: None; ABSENT: None).
VI. CONTINUED BUSINESS
None
Vil. OLD BUSINESS
None
VIII. REPORTS AND COMMENTS
A. Commission Members Remarks and Requests
Mrs. Gonzales introduced staff member, Chris Gerry, commenting she invited him to
the meeting so that he can provide more detailed information on the City's efforts to
help the homeless in our community.
Management Analyst, Chris Gerry, gave a brief introduction of himself. Mr. Gerry
informed the City has a local homeless outreach program which includes two
Riverside County workers dedicated to the City of Palm Desert. These county staff
workers are contracted through Riverside University Health Systems, which is part of
their mental health department. They work in our community essentially full time and
drive throughout the community in a County vehicle looking for individuals who are
homeless. Mr. Gerry stated those in homeless advocacy have found that continual
relationship building with homeless individuals builds trust which allows the workers
to help them with their current situation and the eventual goal of participation in the
Housing First model program. Initial contact by the workers with the homeless in the
6
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 95812-3044
® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside,
or CA 92507
County Clerk
County of.- Riverside
I. Project Titles j Zoning Ordinance Amendment to establish a"Housing
Overlay District"and apply said overlay district to Housing
Authority properties and properties identified in the City's
Housing Element.
2. Project Applicant: 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:623-370-014,627-120-013,685-010-005,694-120-
(preferably a USGS 15'or 7 1/2'topographical 028,694-130-016,694-130-017,694-190-087,694-2(x)-
map identified by quadrangle name): 014,694-200-024,694-510-001,&694-510-013
4. (a)Project Location—City: Palm Desert (h) Project Location—County:Riverside
5. Description of nature,purpose,and beneficiaries 4 The City of Palm Desert wishes to establish an overlay
of Project: district to intent the construction of affordable housing
fi units throughout the City.
6. Name of Public Agency approving project. � 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 I
receiving a lease,permit,license,certificate,or
other entitlement of use from the Public Agency j
as part of the activity: i
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. i
(e) ❑ Declared Emergency. (Pub.Res.Code§21080(b)(3);State CEQA Guidelines§
15269(a)) !
W ❑ Statutory Exemption.
i
State Code section number: I
(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
Notice of Exemption FORM -13-
— — 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: 1 Eric Ceja,Principal Planner —
Telephone: — — — —. — — — (760)346-0611 •—• -- •— — — — — -- —
11. If tiled by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing.
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 ycs,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"
73-510 FRID W.ARING DRIVE
N t.,o DLSERT,CALIFORNIA 92260-2578
TEL:76o 346—o6n
FAX:760 341-7098
into(palm-deaerc.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 19-0004
NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE A
RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT AND TO
APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES AND
PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT; AND ADOPT A NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 will not result in a direct
impact to the built environment,and that specific projects within the overlay zone will be evaluated
in accordance with CEQA when a development application is filled. Therefore, the Director of
Community Development is recommending that the Planning Commission adopt a Notice of
Exemption under the CEQA guidelines.
Project Location:The Housing Overlay District(HOD)is intended to be applied to the following
parcels as identified by Assessor Parcel Numbers: 622-370-014, 627-122-013, 685-010-005,
694-120-028, 694-130-017, 694-130-021, 694-190-087, 694-200-014, 694-200-024, 694-310-
006, 694-510-001, and 694-510-013.
Code Amendment Description:
The HOD is intended to incentivize the development of affordable housing units in the City by
providing optional development incentives. By opting to utilize the HOD, property owners agree
to provide 20%of all housing units at affordable rents. In doing so,the property owner is eligible
for flexible development standards, density bonuses in accordance with State law, reduced
parking ratios, expedited application processing, and potential waiver of certain development
impact fees.
Recommendation: Staff is recommending that the Planning Commission adopt a resolution
supporting the changes to the 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 February 4,
2020,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 January 25, 2020,
to February 4, 2020.
Public Review:The ZOA is available for public review Monday through Friday from 8:00 a.m.to
5:00 p.m.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, Extension 384
eceja@cityofpalmdesert.org
PUBLISH: DESERT SUN RYAN STENDELL,Secretary
JANUARY 25,2020 Palm Desert Planning Commission
I Y 9L I I M 0 1 55
73-5 i o FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6ii
FAx: 760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 19-0004
NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE A
RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT AND TO
APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES AND
PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT: AND ADOPT A NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 1506,1(b)3 in that the ZOA to establish the overlay zone will not result in a direct
impact to the built.environment, and that specific projects within the overlay zone will be evaluated
in accordance with CEQA when a development application is filled. Therefore, the Director of
Community Development is recommending that the Planning Commission adopt a Notice of
Exemption under the CEQA guidelines.
Project Location: The Housing Overlay District (HOD) is intended to be applied to the following
parcels as identified by Assessor Parcel Numbers: 622-370-014, 627-122-013, 685-010-005,
694-120-028, 694-130-017, 694-130-021, 694-190-087, 694-200-014, 694-200-024, 694-310-
006, 694-510-001, and 694-510-013.
Code Amendment Description:
The HOD is intended to incentivize the development of affordable housing units in the City by
providing optional development incentives. By opting to utilize the HOD, property owners agree
to provide 20% of all housing units at affordable rents. In doing so, the property owner is eligible
for flexible development standards, density bonuses in accordance with State law, reduced
parking ratios, expedited application processing, and potential waiver of certain development
impact fees.
Recommendation: Staff is recommending that the Planning Commission adopt a resolution
supporting the changes to the 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 February 4,
2020, 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 January 25, 2020,
to February 4, 2020.
Public Review: The ZOA is available for public review Monday,through Friday from 8:00 a.m. to
5:00 p.m. 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
NEOPOST FIRST-CLASS MAIL
01/23/2020
73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 +r ZIP 92260
04'IM11276210
Ponderosa Homes II
6130 Stoneridge Mall Road
NIXIE 957 FE i
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PLANNING-EC 9400922472032250 ;�y� UT_F BC: 92260252410 *2704-00729-23-41
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7 ?O PART OF THE USATODAY NETWORK Email:legals@thedesertsun.com
PROOF OF
PUBLICATION
STATE OF CALIFORNIA SS.
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 19-0004
CITY OF PALM DESERT NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO CONSIDER APPRO-
VAL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVER-
73510 FRED WARING DR LAY DISTRICT AND TO APPLY SAID OVERLAY DISTRICT TO HOUSING AUTHORI-
TY PROPERTIES AND PROPERTIES IDENTIFIED IN THE CFTY'S HOUSING ELEMENT;
AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMEN-
PALM DESERT CA 92260 TAL QUALITY ACT
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 reasonab
foreseeable indirect ph sisal change in the environment,and Section 15061(b)
in that the ZOA to establish the overlay zone will not result in a direct impact to
I am over the age of 18 years old a citizen of the the built environment,and that specific projects within the overlay zone will be
evaluated in accordance with CEQA when a development application is filed.
Therefore, the Director of Community Development is recommending that the
United States and not a party to,or have interest in City Council adopt a Notice of Exemption under the CEQA guidelines.
this matter. I hereby certify that the attached Project Location:The Housing Overlay District(HOD)is intended to be applied
to the following parcels as identified by Assessor Parcel Numbers:622-370-014,
627-122-013,685-010-005,694-120-028,694-130-017,694-130-021,694-190-087,
advertisement appeared in said newspaper(set in 694-200-014,694-200-024,694-310-006,694-510 001,and 694-510-013.
type not smaller than non pariel)in each and entire Code Amendment Description:
The HOD ,.r ,u....+,u., r.,....,....
issue of said newspaper and not in any supplement units in tt CITY OF PALM DESERT
lize the H LEGAL NOTICE
thereof on the following dates,to wit: fordable CASE NO,ZOA 19 0004
ment star
ratios,ex NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO CONSIDER APPRO-
opment i VAL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVER-
LAY DISTRICT AND TO APPLY SAID OVERLAY DISTRICT TO HOUSING AUTHORI-
02/15/20 Recommi TY PROPERTIES AND PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT,
ces supPt AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMEN-
district tc TAL QUALITY ACT
Planning The City of Palm Desert (City), in its capacity as the Lead Agency under the
I acknowledge that 1 am a principal clerk of the of PalmSider the California Environmental Quality Act(CEQA), has determined that this Zoning
side(Co Ordinance Amendment(ZOA)is exempt from CEQA review pursuant to Section
printer of The Desert Sun,printed and published 4-0(Com 15060(c)2 in that the proposed action will riot result in a direct or reasonably
P P P foreseeable indirect physical change in the environment,and Section 15061(b)3
properti in that the ZOA to establish the overlay zone will not result in a direct impact to
weekly in the City of Palm Springs,County Of Public H, the built environment,and that specific projects within the overlay zone will be
ruary 27, evaluated in accordance with CEQA when a development application is filed.
Riverside, State of California.The Desert Sun was Therefore,the Director of Community Development is recommending that the
Commer City Council adopt a Notice of Exemption under the CEQA guidelines.
adjudicated a Newspaper of general circulation on should b
project i! Project Location:The Housing Overlay District(HOD)is intended to be applied
to the following parcels as identified by Assessor Parcel Numbers:622-370-014,
March 24, 1988 by the Superior Court of the Public R- 627-122-013,685-010-005,694-120-028, 694-130-017,694-130-021,694-190-087,
from 8:0 694-200-014,694-200-024,694-310-006,694-510-001,and 694-510-013.
County of Riverside,State of California Case No. Planning
raised in Code Amendment Description:
191236. in this n'
ing.All c The HOD is intended to incentivize the development of affordable housing
Eric Ce a, units in the City by providing optional development incentives.By opting to uticity -
I lize the HOD,property owners agree to provide 20%of all housing units at af-
73- of F, fordable rents.In doing so,the property owner is eligible for flexible develop-
73-510 Fi Trent standards,density bonuses in accordance with State law,reduced parking
1 certify under penalty of perjury,under the laws of Palm Des ratios,expedited application processing. and'otential waiver of certain devel-
the State of California,that the foregoing is true and
eceejja@cif opment impact feesp p g. p
RACHELL Recommendation: Staff is recommending that the City Council adopt ordinan-
correct.. Executed on this 17th of February 2020 PALM DE ces supporting the chances to the Zoning Ordinance and applying the overlay
district to certain properties identified in the City's Housing Element.
in Green Bay,Wl,Count of Brown.
y. y Planning Commission Recommendation: The Planning Commission of the City
of Palm Desert held a duly noticed public hearing on February 4,2020,to con-
sider the ZOA for the establishment of a HOD.The Planning Commission voted
4-0(Commissioner De Luna ABSENT)to adopt Resolutions Nos.2772 and 2773,
recommending that the City Council adopt the ZOA and apply it to certain
properties within the City of Palm Desert.
Public Hearing:The public hearing will be held before the City Council on Feb-
ruary ruary 27,2020,at 4:00 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 February 15,2020,to February 27,2020.
DECLARANT Public Review:The ZOA is available for public review Monday through Friday
from 8:00 a.m.to 5:00 p.m.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 hear-
Ad#:0004057529 ing.All comments and any questions should be directed to:
P O: Eric Ceja,Principal Planner
City of Palm Desert
This is not an invoice 73-510FredWarin
73-510 Fred Waring Drive
#of Affidavits: 1 Palm Desert,CA 92260
(760)346-0611,Extension 384
eceja®cityofpa I mdesert.org
RACHELLE D.KLASSEN,CITY CLERK
PALM DESERT CITY COUNCIL Published:2/15/2020
Palm Desert-Owner
Project Name Address No.of Units Income Category Unit Types Owner
Portola Palms Mobile Home Park 43155 Portola Avenue 7 VL/Low Mobile Homes Private
Building Horizon In-fill various locations 2 VL/Low SFH Private
FTHP In-fill various locations 2 VL/Low SFH Private
Rehab Program In-fill various locations 2 VL/Low SFH Private
NSP In-fill various locations 2 VL/Low SFH Private
Self-Help In-fill various locations 11 VL/Low SFH Private
Habitat for Humanity In-fill various locations 11 Very Low SFH Private
Falcon Crest off 42nd Avenue 93 VL/Low/Mod SFH Private
Desert Rose off Fred Waring Drive 161 VL/Low/Mod SFH Private
Total 291
Sub Types Total by Unit Type %of Total
SFH 284 97.6% 1754
Mobile Homes 7 2.4% 403
Very Low 11 3.8%
VL/Low 26 8.9%
VL/Low/Mod 254 87.3%
Palm Desert-Not Built-Entitled
Project Name Address No.of Units Income Category Unit Types Owner
PPMHP 43155 Portola Avenue 2 VL/Low Mobile Home Private
Sagecrest Apt. 73775 Santa Rosa Way 14 VL/Low Rental-Multi Family Private
Ponderosa Cortesia Way 14 Moderate Rental-Multi Family Private
Palm Desert 103 76000 Frank Sinatra Drive 21 Moderate Rental-Multi Family Private
Arc Village 73255 Country Club Drive 36 VL/Low Rental-Multi Family PDHA-Privately Operated
Millenium Technology Drive 66 VL/Low Rental-Multi Family Private
The Sands 74-401 Hovley Lane East 78 Very Low Rental-Multi Family Private
Self-Help 42nd Avenue 14 VL/Low SFH Private
Total 245
Sub Types Total by Unit Type %of Total
Rental-Multi.Family 229 93.5%
Rental-Senior 0 0.0%
Mobile Home 2 0.8%
SFH 14 5.7%
Very Low 78 31.8%
VL/Low 132 53.9%
Moderate 35 14.3% 1 TOTAL 1754
MONTHLY OCCUPANCY
AND AVERAGE RENT
SUMMARY SHEET
Multi-Family Complexes
o, of Units Average Mo. Rent
x reme y Low
0-30% 173 253
Very ow
- - _
31-50% 247 461
51-80% 215 727
Moderate
81%-120% 68 1,025
Total 703 616
Senior Complexes
No. of Units Average Mo. Rent
Extremely ow 117 235
0-30%
Very Low 165 425
31-50%
Low- - _ - --- - -- ----- -- -
51-80% 83 698
Moderate 11 956
81%-120%
Total j 376 579
HOUSEHOLD SIZE
AMI % 1 2 3 4
Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent
20% 9,760 203 11,150 232 12,550 261 13,940 290
25% 12,200 254 13,938 290 15,688 327 17,425 363
30% 15,100 315 17,250 359 21,330 444 25,750 536
35% 17,080 356 19,513 407 21,963 458 w�;0.5 8 Is..,wj
40% 19,520 407 22,300 465 25,100 523 27,880 581
45% 21,960 458 25,088 523 28,238 588 31,365 653
50% 25,150 524 28,750 599 32,350 674 35,900 748
55% 26,840 559 30,663 639 34,513 719 38,335 799
60% 29,280 610 33,450 697 37,650 784 41,820 871
65% 31,720 661 36,238 755 40,788 850 45,305 944
70% 34,160 854 39,025 976 43,925 1,098 48,790 1,220
75% 36,600 915 41,813 1,045 47,063 1,177 52,275 1,307
80% 40,250 1,006 46,000 1,150 51,750 1,294 57,450 1,436
85% 41,480 1,037 47,388 1,185 53,338 1,333 59,245 1,481
90% 43,920 1,098 50,175 1,254 56,475 1,412 62,730 1,568
95% 46,360 1,159 52,963 1,324 59,613 1,490 66,215 1,655
100% 48,800 1,220 55,750 1,394 62,750 1,569 69,7001 1,743
105% 51,240 1,281 58,538 1,463 65,888 1,647 73,185 1,830
110% 53,680 1,342 61,325 1,533 69,025 1,726 76,670 1,917
115% 56,120 1,403 64,113 1,603 72,163 1,804 80,155 2,004
120% 58,550 1,464 66,900 1,673 75,300 1,883 83,650 2,091
Riverside County Income Eligibility as of 711119. Monthly rent is exclusive of Utility Allowance.
01/02/2020 Page 5 of 11 Summary Rpt#1
OFFICIAL INCOME LIMITS FOR 2019
NOTE 1: This chart is based on HCD and State CDBG/HOME published Income Limits operative as of:
NOTE 2: Actual income limits may be adjusted depending on funding source and housing program.
NOTE 3: Income Limits published by HUD may apply to specific programs and will superceed this chart.
Income eligibility limits based on the following number of persons in the family household
CategoryIncome
Extremely Low 15,100 17,250 19,400 21,550 23,300 25,000 26,750 28,450
(CDBG ONLr
Extremely low 15,100 17,250 21,330 25,750 30,170 34,590 39,010 43,430
Very low 25,150 28,750 32,350 35,900 38,800 41,650 44,550 4,700
Lower 40,250 46,000 51,750 57,450 62,050 66,650 71,250 75,850
Moderate 58,550 66,900 75,300 83,650 90,350 91,050 103,750 110,400
This information is to be used as a guide only and should not be dependent on final determination.
Income categories may not be mathematically related to each other and may differ depending on the funding source and housing program limits.
E I I Y 0 1 P 0 1 0 R I
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6i i
infoC�cityapalmdese rt.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 5, 2020
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Subject: Consideration of an Amendment to the Palm Desert Municipal Code
Pertaining to a Housing Overlay District
The Planning Commission of the City of Palm Desert considered the request and took the
following action at its regular meeting of February 4, 2020:
The Planning Commission approved recommending Case No. ZOA 19-
0004 to the City Council for approval by the adoption of Planning
Commission Resolution No. 2772. Motion carried by a 4-0 vote, with
Commissioner DeLuna ABSENT.
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
Z,PRINTED ON RECYCLED PAPER
PLANNING COMMISSION RESOLUTION NO. 2772
i
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION
25.28.030 "MEDIUM/HIGH-DENSITY HOUSING OVERLAY DISTRICT"
WITH A"HOUSING OVERLAY DISTRICT," AND TO PROVIDE INCENTIVES
FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL
UNITS IN NEW RESIDENTIAL PROJECTS
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District" to incentivize the development of new housing units at affordable rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20% of all project units at affordable rents,
by providing expedited application processing, potential development impact fee waivers,
density bonuses, and reduced parking standards; and
WHEREAS, 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 to replace Section 25.28.030 Medium/High-Density
Housing Overlay District with a "Housing Overlay District" as shown in Exhibit A which is
attached hereto and incorporated herewith.
PLANNING COMMioalON RESOLUTION NO. 2772
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 41h day of February 2020, by the following
vote, to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE
LI SAY HOLT, C AIR
ATTEST:
So�
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2 JL
2-3
ment Imp :
Develop act Feesbe sub'ectto a�ee waver o3-17
overlay district may 1
check and inspectio
tees. The remainde
including plan are available with the CI
for a reduction in fees if funding sources
funds.
4
o\Y
a?6 �a
d
le OP
\, �okQ qv° .�Ja p7
o' NC
ay, a
00
�1�a��t� N\`� � ��? a�`OO OO 0
of
�o�e° �
Zp\�' .,�ility to
ae�a�e� L 0 .view of an
erection 25.20
�o� ,) 2L �aorhood Specific
e
foi ovisions of this chapter,
d minimum of twenty
sME, . rents, or at least one percent
) unit for
numb" -�� be rounded up to the next whole
Density ,
on the Zon, -re established in the Zoning Ordinance and
for a density residential project under this Chapter is eligible
contained in Pa Jer State law. Formulas for density bonuses are
pal Code Chapter 25.34.040.
I. Unit sizes allowable unit sizes in square feet (sf) shall vary to presence absence of common project amenities. Each units shall
as a minimum, a kitchen including two 2 contain,
refrigerator/freezer, a sink, counter space, and storageburners, an oven, a
a' 3
PLANNING COMMISSION RESOLUTION NO. 2772
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION
25.28.030 "MEDIUM/HIGH-DENSITY HOUSING OVERLAY DISTRICT"
WITH A "HOUSING OVERLAY DISTRICT," AND TO PROVIDE INCENTIVES
FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL
UNITS IN NEW RESIDENTIAL PROJECTS
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District" to incentivize the development of new housing units at affordable rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20% of all project units at affordable rents,
by providing expedited application processing, potential development impact fee waivers,
density bonuses, and reduced parking standards; and
WHEREAS, 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 to replace Section 25.28.030 Medium/High-Density
Housing Overlay District with a "Housing Overlay District' as shown in Exhibit A which is
attached hereto and incorporated herewith.
i
PLANNING COMMioolON RESOLUTION NO. 2772
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 validityor effectiveness of the remaining g 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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 4th day of February 2020, by the following
vote, to wit: t
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA
ABSTAIN: NONE
1
LI SAY HOLT, C AIR
ATTEST:
A
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION SOLUTION NO. 2772
EXHIBIT A
25.28.030 Housing Overlay District
A. Intent. The intent of the overlay district is to incentivize the development of affordable
housing units in the City of Palm Desert.
B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to
provide optional standards and incentives for the development of a wide variety of
housing developments, which provide a minimum of 20% of all units dedicated as
income-restricted. The overlay zone is generally applied to properties identified in the
City's Housing Element and Housing Authority owned properties as shown in Figure
25.28-1. Wherever the HOD has been added to a base zone, the applicant may choose
whether to use the optional HOD standards and/or the standards of the base zone.
C. Uses permitted by approved precise plan and conditional use permit. Uses
permitted or conditionally permitted in the R-2 and PR zoning districts may be approved
through an Architectural Review application process. Housing types applicable to the
HOD include, but are not limited to, single-family detached/attached, duplex units, and
multi-family development, either for rent or for sale.
D. Development standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
integrating income-restricted units into market-rate housing developments. Flexibility to
the base zone development standards may be utilized as part of the design review of an
Architectural Review application. Design guidance contained in Section 25.20
"Downtown District Design Guidelines," and within the University Neighborhood Specific
Plan shall be followed.
E. Affordable Housing Requirement. To be eligible for the provisions of this chapter,
rental housing development within the HOD shall provide a minimum of twenty percent
(20%) of all units within the project at income-restricted rents, or at least one (1) unit for
smaller residential projects. All fractional units shall be rounded up to the next whole
number.
F. Density and intensity. Project densities are established in the Zoning Ordinance and
on the Zoning Map. Any mixed-use and residential project under this Chapter is eligible
for a density bonus as allowed under State law. Formulas for density bonuses are
contained in Palm Desert Municipal Code Chapter 25.34.040.
1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according
to presence or absence of common project amenities. Each unit shall contain,
as a minimum, a kitchen including two (2) burners, an oven, a
refrigerator/freezer, a sink, counter space, and storage.
3
PLANNING COMM.—LION RESOLUTION NO. 2772
G. Parking requirement.
1. Parking ratios based on bedroom count shall be calculated as follows:
Table 25.28-1: Parking Required for Housing Overlay
Bedroom Count Parking Ratio
Studio / 1 Bedroom 1.50 per unit
2 — 3 Bedrooms 2.00 per unit
H. Development Impact Fees: Any mixed-use or residential project eligible under the
overlay district may be subject to a fee waiver of City fees for all income-restricted units
including plan check and inspection fees. The remainder of the project may be eligible
for a reduction in fees if funding sources are available with the City's Affordable Housing
funds.
4
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020
assist with Section 8. Additionally, staff addressed the concern with ADUs and JADUs in
the HPR (Hillside Planned Residential) zone.
Commissioner Pradetto asked if staff had any other concerns related to the ordinance.
Mr. Melloni replied no.
Commissioner Pradetto believed that in terms of loopholes, the governor is saying the
City's loopholes are his solution. He said from the State's perspective, they are not
loopholes it is their intent. Looking at the ordinance as a whole, he liked the architectural
requirements and dealing with health and safety. He believed there would be some
adjusting throughout the State; however, Palm Desert may not need to rush to build
ADUs/JADUs like in other areas. He commented that Palm Desert could learn from other
cities' mistakes over time.
Chair Holt declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
With further testimony offered, Chair Holt declared the public hearing closed.
Vice-Chair Greenwood stated that Commissioner Pradetto's comments were accurate.
Vice-Chair Greenwood moved to waive further reading and adopt Planning
Commission Resolution No. 2771, recommending approval of Case No. ZOA 20-0004 to the
City Council. The motion was seconded by Commissioner Pradetto and carried by a 4-0 vote
(AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT: DeLuna).
B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to
the City Council to amend the Palm Desert Municipal Code and replace Section
25.28.030 "Medium/High-Density Housing Overlay District" in its entirety with a new
"Housing Overlay District," and apply said overlay district to parcels identified in the
City's Housing Element and parcels owned by the Housing Authority. Case No. ZOA
19-0004 (City of Palm Desert, Applicant).
Principal Planner Eric Ceja outlined the salient points of the staff report and recommended
approval to the City Council. He offered to answer any questions.
Commissioner Gregory commented that in the past couple of years, staff presented
housing projects to the Planning Commission. He asked if a project like The Sands would
be more likely to move forward with the Housing Overlay District (HOD).
Mr. Ceja responded that The Sands is not a good example. He said that The Sands
property has an affordable housing component for the past 30 years. He pointed out that
a better example is Parcel G. It is a project that the Planning Commission has
recommended approval to the City Council; however, City staff were not able to take it to
the Council because staff is still negotiating the affordable housing component for that
site. If the City Council approves the ZOA, he stated the City would apply the HOD to
Parcel G.
6
MINUTES
PALM DESERT PLANNING COMMISSION FEBRUARY 4, 2020
Mr. Stendell added that this request came from a Councilmember. The
Councilmember felt that the City was being consistent in being inconsistent with
negotiating affordable units. Therefore, the intent was to create something that would
be fair, have an incentive base, and help speed up the development of affordable
units.
Vice-Chair Greenwood inquired if there is any support from utility companies to assist
with fees to develop a low-income housing project.
Mr. Ceja replied no. However, utility companies have other programs in place. For
example, Southern California Edison can cap utility rates or help with utility
improvements on properties. He stated that school districts do not waive fees for
affordable housing projects. He mentioned that the highest fee developers have to pay
in the Coachella Valley is the Transportation Uniform Mitigation Fee, which the
Coachella Valley Association of Governments (CVAG) established and manages.
CVAG created an exception for affordable housing projects.
Mr. Stendell mentioned that the Housing Division was incorporated into the
Community Development Department in July 2019, and introduced Senior
Management Analyst Jessica Gonzales.
For new construction, Ms. Gonzales noted that utility companies are establishing new
programs that would facilitate some options for affordable housing projects.
Chair Holt declared the public hearing open and invited public testimony FAVORING or
OPPOSING this matter.
With no testimony offered, Chair Holt declared the public hearing closed.
Commissioner Gregory moved to waive further reading and adopt Planning
Commission Resolution Nos. 2772 and 2773, recommending approval of Case No. ZOA 19-
0004 to the City Council. The motion was seconded by Commissioner Pradetto and carried
by a 4-0 vote (AYES: Greenwood, Gregory, Holt, and Pradetto; NOES: None; ABSENT:
DeLuna).
XI. MISCELLANEOUS
None
XII. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
Vice-Chair Greenwood reported that there was an election of officers, and the
Commission discussed a community service award program.
7
'Alilliliffililik, U I Y Of PH L M D ESER T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6i i
info@cityofpalmdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
February 5, 2020
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Subject: Consideration of a Zoning Ordinance Amendment to Apply a Housing
Overlay District to Housing Authority Parcels and Parcels Identified in the
Housing Element
The Planning Commission of the City of Palm Desert considered the request and took the
following action at its regular meeting of February 4, 2020:
The Planning Commission approved recommending Case No. ZOA 19-
0004 to the City Council for approval by the adoption of Planning
Commission Resolution No. 2773. Motion carried by a 4-0 vote, with
Commissioner DeLuna ABSENT.
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.
11�9b-
Ryan Stendell, Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
is veiNrco off ercvuEo anvEx
r
PLANNING COMMISSION RESOLUTION NO. 2773
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 APPLY THE
HOUSING OVERLAY DISTRICT TO HOUSING AUTHORITY PARCELS AND
PARCELS IDENTIFIED IN THE CITY'S HOUSING ELEMENT (APNS: 623-
370-014, 627-120-013, 685-010-005, 694-120-028, 694-130-016, 694-130-
017, 694-190-087, 694-200-014, 694-200-024, 694-510-001, & 694-510-013)
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District" to incentivize the development of new housing units at affordable rents; and
WHEREAS, the subcommittee reviewed which properties to apply the Housing
Overlay District recommended starting with Housing Authority parcels and those parcels
identified in the City's Housing Element; 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 an 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 creating the Housing Overlay District and applying the
overlay to parcels 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
1
PLANNING COMMISSION RESOLUTION NO. 2773
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, a
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 411 day of February 2020, by the following
vote, to wit:
AYES: GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE Lj
ABSENT: DE LUNA
ABSTAIN: NONE
LI D AY HOLT, CHAT
ATTEST:
T4�
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION rESOLUTION NO. 2773
EXHIBIT A
- Open Space
Conventional Suburban Neighborhood '
Rural Neighborhood --
CD�I E� F
Golf Course&Resort Neighborhood G
Small Town Neighborhood
Town Center Neighborhood '
- Employment { B
- Industrial
- Public Facility/Institutional
Resort&Entertainment
! o
- Regional Retail
Suburban Retail Center
- Neighborhood Center
- Downtown
I UT
c :
�yN PALM DESERT
GENERAL PLAN/
HOUSING ELEMENT
x� I
City of Palm Desert PLANNING COMMISSION
RESOLUTION NO. 2773
Case No. ZOA 19-0004
Date: 2 4 2020
3
D PC 23430
�� �� ►cf mediagroup Green Bay,WI 54305-3430
Y [£} 5E ( Tel:760 778 4578/Fax 760.778 4731
PART OFTHE USATODAY NETWORK Email:legals@thedesertsun.com
4PAo F OF City Of Palm Desert
PUBLICATION
STATE OF CALIFORNIA SS. FEB 0 7 2020
COUNTY OF RIVERSIDE Community Development
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 19-0004
CITY OF PALM DESERT NOTICEOFINTENTOF THE PALM DESERTPLANNINGCOMMISSIONTOAPPROVE
73510 FRED WAKING DR A RESOLUTIONRECOMMENDINGAPPROVALTO THE CITY COUNCILOFA ZON-
ING ORDINANCE AMENDMENT TO ESTABLISHA HOUSING OVERLAY DISTRICI
AND TO APPLYTHE OVERLAY DISTRICTTO HOUSING AUTHORITY PROPERTIE
AND PROPERTIESDENTIFIEDIN THE CITY'SHOUSING ELEMENTAND ADOPT A
PALM DESERT CA 92260 NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
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
T5060(c)2 in that the proposed action will not result in a direct or reasonably
foreseeabe indirect ph ioal change in the environment, and Section 15061(b)3
I am over the age of 18 years old,a citizen of the n that the ZOA to establish the overlay zone will not result in a direct impact to
the built environment, and that specific projects within the overlay zone will be
evaluated in accordance with CEQA when a development application is filled.
United States and not a party to,or have interest in Therefore, the Director of Community Development is recommending that the
Planning Commission adopt a Notice of Exemption under the CEOA guidelines.
this matter. I hereby certify that the attached Project Location:The Housing Overlay District (HOD)is intended to be applied
to the advertisement appeared in said newspaper(set in 627-1: CnY DESERT
LEGAL OF OFPALM PALM ICE
694-2( CASE NO.ZOA 19.OD04
type not smaller than non pariel)in each and entire code
NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE
issue of said newspaper and not in any supplement The F A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZON-
units i ING ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT
thereof on the following dates,to wit: I¢e th AND TO APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES
fordab AND PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT;AND ADOPT A
ment NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ratios, ACT
opme
01/25/20 Remo The City of Palm Desert(City), in its capacity as the Lead Agency under the
resoiu California Environmental Quality Act(CEQA), has determined that this Zoning
Ordinance Amendment(ZOA)is exempt from CEQA review pursuant to Section
to movf! 1S060(02 in that the proposed action will not result in a direct or reasonably
r E foreseeable indirect physical change in the environment,and Section 15061(b)3
Pub,,
I acknowledge that I am a principal clerk of the on in that the ZOA to est blWt the overlay zone will not result in a direct impact to
the built environment,and that specific projects within the overlay zone will be
printer of The Desert Sun,printed and published Comm evaluated in accordance with CEQA when'a development application is filled.
should Therefore,the Director of Community Development is recommending that the
weekly in the City of Palm Springs,County Of project Planning Commission adopt a Notice of Exemption under the CEQA guidelines.
Public Project Location:The Housing Overlay District(HOD)is intended to be applied
Riverside, State of California.The Desert Sun was from 8 to the following parcels as identified by Assessor Parcel Numbers:622-370-014,
Plannin 627-122-013,685-010-005,694-120-028,694-130-017,694-130-021, 694-190.087,
adjudicated a Newspaper of general circulation on raised r 694-200-014,694-20ao24,694-310-W6,694-510-001,and 694-510-013.
in this t
March 24, 1988 by the Superior Court of the sion hei Cade Amendment Description:
Eric C The HOD is intended to incentivize the development of affordable housing
County of Riverside,State of California Case No. 73 51 units in the City by providing optional development incentives.By opting
Palm to uti-
[ lize the HOD,property owners agree to provide 20%of all housing units at af-
191236. 760 fordable rents.In doing so,the property owner is eligible for flexible develop-
( )a mein standards,density bonuses in accordance with State law,reduced parking
eceaC ratios,expedited application processing,and potential waiver of certain clever-
RYAN opment impact fees.
I certify under penalty of perjury, the laws of p Palm C Recommendation:Staff is recommending that the Planning Commission adopt a
resolution supporting the changes to the Zoning Ordinance,and allow the item
the State of California,that the foregoing is true and to move forward to a public hearing with the City Council.
Public Hearing.The public hearing will be held before the Planning Commission
correct.. Executed on this 28th of January 2020 in on February 4,2020,at 6:00 pm.
Green Bay. WI.County of Brown. 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 January 25,2020,to February 4,2020.
Public Review:The ZOA is available for public review Monday through Friday
from 8:00 a.m.to 5:00 p.m.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 Commis-
sion hearing.All comments and any questions should he directed to:
Eric Ceja,Principal Planner
City of Palm Desert
73-510 Fred Waring Drive
DECLARANT Palm Desert.CA 92260
(760)346-0611,Extension 384
eceia@cityofpalrndesert.org
RYAN STENDELL,Secretary
Ad#:0004018783 Palm Desert Planning Commission Pub:1125/2020
P O:ZOA 19-0004
This is not an invoice
#of Affidavits: 1
CITY OF PALM DESERT
PLANNING COMMISSION STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: February 4, 2020
PREPARED BY: Eric Ceja, Principal Planner
REQUEST: Consideration of approval to adopt resolutions recommending
approval to the City Council to amend the Palm Desert Municipal Code
and replace Section 25.28.030 "Medium/High-Density Housing
Overlay District' in its entirety with a new "Housing Overlay District,"
and apply said overlay district to parcels identified in the City's
Housing Element and parcels owned by the Housing Authority.
Recommendation
Waive further reading and:
1. Adopt Planning Commission Resolution No. 2772, recommending to the
City Council approval of Zoning Ordinance Amendment 19-0004 to replace
Section 25.28.030 "Medium/High-Density Housing Overlay District" in its
entirety with a new "Housing Overlay District" of the Palm Desert Zoning
Ordinance.
2. Adopt Planning Commission Resolution No. 2773, recommending to the
City Council approval of Zoning Ordinance Amendment 19-0004 to apply
the "Housing Overlay District"to parcels of land identified in Exhibit A of the
resolution.
Background Analysis
On January 10, 2019, the City Council directed staff to form an ad-hoc 'Affordable Housing
Subcommittee"for the following:
• Review the City's affordable housing and planning policies.
• Review existing planning policies from around the State.
• Perform a comparative analysis of available affordable housing with other Coachella
Valley cities.
• Explore affordable housing policy options for the City of Palm Desert.
Throughout 2019, Community Development staff from the Planning and Housing Divisions
worked with Councilmembers Harnik and Kelly to perform the tasks mentioned above. In
October 2019, staff held an open house at City Hall and presented the findings and policy
recommendations to the public. Based on that meeting, the subcommittee has initiated a
February 4, 2020 — Staff Report
ZOA 19-0004: Housing Overlay District
Page 2 of 4
Zoning Ordinance Amendment (ZOA) to establish a new and voluntary Housing Overlay
District.
Project Description
Housing Overlay District:
The proposed ordinance replaces the existing "Medium/High-Density Overlay District"
(MHDO) with a new "Housing Overlay District" (HOD). The HOD intends to incentivize the
development of affordable housing units in the City by providing optional development
standards for housing developers that choose to dedicate at least 20% of all housing units
constructed at affordable rents. By utilizing the HOD, housing developers are provided the
following:
• Flexible development standards.
• Expedited application processing.
• Waiver of a Planning Commission public hearing.
• Density Bonuses in accordance with State Density Bonus provisions.
• Reduced parking standards.
• Potential waiver of City development impact fees.
The HOD does not require property owners or residential housing developers to utilize the
incentives provided in the overlay district. Rather, the HOD intends to encourage voluntary
participation by developers to create new affordable housing units.
Applicability.-
As recommended by the subcommittee, the HOD will be applied to parcels owned by the
Housing Authority and properties, developed or undeveloped, and identified in the City's
Housing Element. In discussing where to apply the HOD, the subcommittee looked at
Housing Authority properties and the City's Housing Element. Housing Authority properties
traditionally are developed with units at affordable rents, and generally receive density
bonuses and parking reductions. There are two Housing Authority parcels recommended to
receive the HOD. One property is located at the Desert ARC campus on Country Club Drive
that is entitled to have 36 housing units for persons with special needs. The second property
is an undeveloped 1.26-acre parcel located at the southeast corner of San Pascual Avenue
and Santa Rosa Way. The Housing Authority anticipates soliciting developer interest in this
parcel later this year.
In 2013, the City Council adopted the Housing Element and established a minimum number
of housing units for 10 parcels north of Frank Sinatra Drive. Two of those parcels: the
Vineyard Apartments and Sage at Ponderosa are developed or under construction. The
other eight parcels remain vacant or currently under review with the Planning Department
for new housing development. Applying the HOD to all 10 parcels will provide property
owners an option to build affordable units on the parcels or build market-rate units. In the
past, Planning staff has negotiated an affordable housing requirement for these parcels.
The negotiations have resulted in significant delays, and many interested developers have
GAPlanning\Eric Ceja\Case FIIes\ZOA\ZOA 19.0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc
February 4, 2020 — Staff Report
ZOA 19-0004: Housing Overlay District
Page 3 of 4
chosen not to develop. The HOD will minimize the need to negotiate unduly and incentivize
developers to provide affordable units within their projects. The map below identifies the
parcels (included in Resolution No. 2773.
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Medium/High-Density Housing Overlay District.
The MHDO was established in 2013 as part of the comprehensive Zoning Ordinance
Update. The purpose of the MHDO was to allow higher density residential development
north of Frank Sinatra Drive in the undeveloped areas of the City previously referred to,
"University Park Area." In 2017, the City adopted a comprehensive General Plan update
and the University Park Neighborhood Specific Plan. These documents provided policies
that increased zoning densities and established neighborhood design criteria for the
University Park Area. In 2018, the City updated the zoning standards and densities to be
consistent with the General Plan. As such, the MHDO is no longer necessary. Rather than
remove the overlay from the Zoning Ordinance, staff recommends replacing the overlay
with the new HOD.
Environmental Review
The Director of Community Development has determined that the proposal to amend the
Zoning Ordinance for the creation of the Housing Overlay District will not have an impact on
GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 19-0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc
February 4, 2020 — Staff Report
ZOA 19-0004: Housing Overlay District
Page 4 of 4
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. 2772 and 2773, attached to this staff report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY
REVIEW MANAGER
N/A N/A N/A
Robert W. Hargreaves Ryan Stendell, Director of Janet Moore Andy Firestine
City Attorney Community Development Director of Finance Assistant City Manager
City Manager, Lauri A laian: N/A
ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2772
2. Draft Planning Commission Resolution No. 2773
3. Public Hearing Notice
4. Housing Commission Minutes of January 8, 2020
G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0004 Housing Overlay\PC Staff Report(ZOA 19-0004).doc
PLANNING COMMISSION RESOLUTION NO. 2772
A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT TO AMEND AND REPLACE SECTION
25.28.030 "MEDIUM/HIGH-DENSITY HOUSING OVERLAY DISTRICT"
WITH A "HOUSING OVERLAY DISTRICT," AND TO PROVIDE INCENTIVES
FOR THE VOLUNTARY CONSTRUCTION OF AFFORDABLE RENTAL
UNITS IN NEW RESIDENTIAL PROJECTS
CASE NO: ZOA 19-0004
,ailllil�I��I,!
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
41h day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
'�p!IIV�i�i�l!U !ull�lil�u
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District" to incentivize the development of new housing units at affordable rents; and
WHEREAS, the Housing Overlay District provides optional incentives for property
owners and housing developers, who restrict at least 20% of all project units at affordable rents,
by providing expedited application processing, potential development impact fee waivers,
density bonuses, and reduced parking standards; and
WHEREAS, 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 to replace Section 25.28.030 Medium/High-Density
Housing Overlay District with a "Housing Overlay District" as shown in Exhibit A which is
attached hereto and incorporated herewith.
PLANNING COMMISSION rsESOLUTION NO. 2772
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true an orrect and constitute the findings for approval
g 1p;,;;
of the Planning Commission in this cas i, i III
2. That the Planning Commission does hereby'reoommend approval to the City Council
of ZOA 19-0004.
PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 41h day of February 2020 by the following
vote, to wit: j�ll���lll�lli��iu��uiulllllll�l�) ��' � pi�llh (��
I III, I�I
AYES:
I
NOES:
ABSENT:
ABSTAIN:
yea+i i,
1' LINDSAY HOLT, CHAIR
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSIO1 ESOLUTION NO. 2772
EXHIBIT A
25.28.030 Housing Overlay District
A. Intent. The intent of overlay district is to incentivize the development of affordable
housing units in the City of Palm Desert.
B. Purpose and applicability. The purpose of the Housing Overlay District (HOD) is to
provide optional standards and incentives for the development of a wide variety of
housing developments, which provide a minimum of 20% of all units dedicated as
income-restricted. The overlay zone is generally applied to properties identified in the
City's Housing Element and Housing Authority owned properties as shown in Figure
25.28-1. Wherever the HOD has been added to a base zone, the applicant may choose
whether to use the optional HOD standards and/or the standards of the base zone.
C. Uses permitted by approved precise plan and conditional use permit. Uses
permitted or conditionally permitted in the R-2 and PR zoning districts may be approved
through an Architectural Review application process. Housing types applicable to the
HOD include, but are not limited to, single-family detached/attached, duplex units, and
multi-family development, either for rent or for sale.
D. Development standards. Development standards shall be flexible to ensure efficient
site planning and neighborhood compatibility and to reflect the unique requirements of
integrating income-restricted units into market-rate housing developments. Flexibility to
the base zone development standards may be utilized as part of the design review of an
Architectural Review application. Design guidance contained in Section 25.20
"Downtown District Design Guidelines," and within the University Neighborhood Specific
Plan shall be followed.
E. Affordable Housing Requirement. To be eligible for the provisions of this chapter,
rental housing development within the HOD shall provide a minimum of twenty percent
(20%) of all units within the project at income-restricted rents, or at least one (1) unit for
smaller residential projects. All fractional units shall be rounded up to the next whole
number.
F. Density and intensity. Project densities are established in the Zoning Ordinance and
on the Zoning Map. Any mixed-use and residential project under this Chapter is eligible
for a density bonus as allowed under State law. Formulas for density bonuses are
contained in Palm Desert Municipal Code Chapter 25.34.040.
1. Unit sizes. Minimum allowable unit sizes in square feet (sf) shall vary according to
presence or absence of common project amenities. Each unit shall contain, as a
minimum, a kitchen including two (2) burners, an oven, a refrigerator/freezer, a sink,
counter space, and storage.
3
PLANNING COMMISSIOim RESOLUTION NO. 2772
G. Parking requirement.
1. Parking ratios based on bedroom count shall be calculated as follows:
Table 25.28-1: Parking Required for Housing Overlay
Bedroom Count Parking Ratio
Studio / 1 Bedroom 1.50 per unit
2 — 3 Bedrooms 2.00 per unit
H. Development Impact Fees: Any mixed-use or residential project eligible under the
overlay district may be subject to a fee waiver of City fees for all 'income-restricted units
including plan check and inspection fees. The remainder of the project may be eligible
for a reduction in fees if funding sources are vailable with the City's Affordable Housing
funds.
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4
PLANNING COMMISSION RESOLUTION NO. 2773
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 APPLY THE
HOUSING OVERLAY DISTRICT TO HOUSING AUTHORITY PARCELS AND
PARCELS IDENTIFIED IN THE CITY'S HOUSING ELEMENT (APNS: 623-
370-014, 627-120-013, 685-010-005, 694-120-028, 694-130-016, 694-130-
017, 694-190-087, 694-200-014, 694-200-024, 694-510-001, & 694-510-013)
CASE NO: ZOA 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
4th day of February 2020, 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 January 10, 2019, formed an
"Affordable Housing Policy Subcommittee" and directed the subcommittee to explore
affordable housing policy options; and
WHEREAS, the subcommittee reviewed policy options and met with stakeholders, and
recommended moving forward with a Zoning Ordinance Amendment to establish a "Housing
Overlay District" to incentivize the development of new housing units at affordable rents; and
WHEREAS, the subcommittee reviewed which properties to apply the Housing
Overlay District recommended starting with Housing Authority parcels and those parcels
identified in the City's Housing Element; 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 an 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 creating the Housing Overlay District and applying the
overlay to parcels 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
PLANNING COMMISSIO1 ESOLUTION NO. 2773
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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses,
or phrases be declared unconstitutional, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to.the City Council
of ZOA 19-0004.
PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 41h day of February 2020 by the following
vote, to wit: gllll„I: uiu�illlllill����j lllll�) (l
AYES:
I
NOES: ,Ij iijl°II ��ii Ii�lli l�1�, �, ;iljll �,I I�I,Ii,I;lllli�l
ABSENT:
ABSTAIN:
hNlil�Iri Fi �� I)
LINDSAY HOLT, CHAIR
�h4rl��,ha IIiIIII�I�,
ATTEST:
iPi j��yi
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION r ESOLUTION NO. 2773
EXHIBIT A
A
- Open Space
Conventional Suburban Neighborhood'
Rural Neighborhood
G
Golf Course&Resort Neighborhood E �F
Small Town Neighborhood
Town Center Neighborhood -`�=
- Employment H
- Industrial _
- Public Facility/Institutional
Resort&Entertainment
- Regional Retail / )
- Suburban Retail Center
Neighborhood Center
- Downtown47
`
PALM DESERT
GENERAL PLAN/
HOUSING ELEMENT
T'
,
"FT'i7tN�
City of Palm Desert
G AT LM,D PLANNING COMMISSION
RESOLUTION NO.
Case No. ZOA 19-0004
Date: 2/4/2020
�cA'FbRM:" y
3
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 19-0004
NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE A
RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT AND TO
APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES AND
PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT; AND ADOPT A NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 will not result in a direct
impact to the built environment, and that specific projects within the overlay zone will be evaluated
in accordance with CEQA when a development application is filled. Therefore, the Director of
Community Development is recommending that the Planning Commission adopt a Notice of
Exemption under the CEQA guidelines.
Project Location: The Housing Overlay District (HOD) is intended to be applied to the following
parcels as identified by Assessor Parcel Numbers: 622-370-014, 627-122-013, 685-010-005,
694-120-028, 694-130-017, 694-130-021, 694-190-087, 694-200-014, 694-200-024, 694-310-
006, 694-510-001, and 694-510-013.
Code Amendment Description:
The HOD is intended to incentivize the development of affordable housing units in the City by
providing optional development incentives. By opting to utilize the HOD, property owners agree
to provide 20% of all housing units at affordable rents. In doing so, the property owner is eligible
for flexible development standards, density bonuses in accordance with State law, reduced
parking ratios, expedited application processing, and potential waiver of certain development
impact fees.
Recommendation: Staff is recommending that the Planning Commission adopt a resolution
supporting the changes to the 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 February 4,
2020, 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 January 25, 2020,
to February 4, 2020.
Public Review: The ZOA is available for public review Monday through Friday from 8:00 a.m. to
5:00 p.m. 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, Extension 384
eceja@cityofpalmdesert.org
PUBLISH: DESERT SUN RYAN STENDELL, Secretary
PRELIMINARY MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
V. NEW BUSINESS
A. REQUEST FOR CONSIDERATION of recommendation to the Housing Authority Board
and City Council to approve the Housing Overlay District for the establishment of an
affordable housing incentive policy to be presented at a future meeting.
Senior Management Analyst, Jessica Gonzales provided a brief summary of the request
before the Commission and introduced Principal Planner, Eric Ceja for the presentation
of the Housing Overlay District.
Mr. Ceja provided a short introduction of himself. He then provided a summary of the
background to the Housing Overlay District, stating last year City Council appointed a
subcommittee including Mrs. Gonzales, himself and council members, Jan Harnik and
Kathleen Kelly, to explore affordable housing policies for the City of Palm Desert. After
reviewing a range of different policies, the suhmittee is recommending a zoning
ordinance amendment which establishes a Hod$'10g Overlay District.
Mr. Ceja explained the Housing Element Plan submitted to the State contains
requirements that the City is mandated to perform, specifically the Regional Housing
Needs Assessment (RHNA) which requires the City to plan for a number of housing units
to be built during an eight year cycle, with the upcoming cycle to begin 2021. The City has
had many proposals come forward for residential developments which has led to staff
being tasked with looking at ways to achieve additional affordable housing for each of
these developments. Previous negotiations with developers have been individualized
resulting in a variety of different incentives being provided and applied to each project.
City Council requested st search the, possibility of devising a standard policy for
incentives offered to interested devei6Oi s, instead of individualized negotiations of
incentives for each project.
Mr. Ceja further stated Mrs. Gonzales and he reviewed the City's goals and policies in the
General Plan, Strategic Plan, and the Housing Element to see what policies are
established at the city level that are similar which specifically address affordable housing.
They also looked at a metric of how best to view housing as a whole for the City. Their
research found a jobs housing balance of one and a half jobs for every household was
promoted by both the American Planning Association and the Building Industry
Association. They also reviewed RHNA. The State has determined 1.3 million homes will
need to be built in Southern California over the next eight year cycle which begins in 2021.
An estimated 2,700 of those homes are to be built in the City of Palm Desert. The
proposed affordable housing units will vary from very low income to above moderate
income. Director of Community Development, Ryan Stendell, commented in the last five
years the City has built less than 100 units per year, so this metric is very ambitious.
Reviewing the RHNA Cycles, in 1998 the City met its overall goal for total number of units
required. However, in 2007, recession hit and the State eliminated Redevelopment
Agencies which significantly cut into the City's ability to develop housing. The City was
ultimately unable to meet RHNA's goal number. With the end of the current RHNA cycle,
2014 through 2021, the City was able to meet the required production numbers based on
private market development and Housing Authority projects that have been completed,
2
PRELIMINARY MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
specifically, the Carlos Ortega Villas. Mrs. Gonzales noted these numbers also include
projects that have been approved, but are not yet constructed.
Mr. Ceja stated Mrs. Gonzales and he used the metric of one and a half jobs for everyone
household promoted by the American Planning Association and the Building Industry
Association to see how the City of Palm Desert compares to this standard.
A review of Palm Desert's portfolio reveals approximately 1,700 units built which are
currently in operation with 245 committed units in the very low income category. Upon
inquiry as to whether these are rental properties or owner occupied, Mrs. Gonzales
explained there are four different housing categories. The first being the fifteen Housing
Authority communities, the second category are 350 developer provided units which are
through a housing agreement utilizing a density bonus, the third category are owner
occupied, which are single family homes offered at the Falcon Crest and Desert Rose
communities as well as infill homes built through selp and Habitat for Humanity of the
Coachella Valley. The fourth category, Entities, is 6 combination of all categories. Of the
approximately 1,700 units, 725 are dedicated to very low income households, 719 to low
income, and 308 for moderate income households. Seniors occupy just over 700 of the
units and nearly 500 units are occupied by households with children under the age of 21.
Additionally, almost half of the total units are maintained by a female head of household.
Mr. Ceja reported Mrs. Gonzales and he conducted thorough research and review of the
other cities valley-wide to see how Palm Desert compares. Results for Palm Desert
indicated there are approximately 2 people per household with 1.14 jobs available per
household. While not quite at the 1.5 ratio that is advocated for, Palm Desert is doing
better than most cities in the Coachella Valley.
Councilmember Kelly, commented the large number of retirees in the Coachella Valley
influences the overall numbers. There is an expectation of fewer jobs per household as a
consequence of the retiree population occupying so many homes. Discussions amongst
the subcommittee members have observed that Palm Desert is the employment center of
the Coachella Valley therefore, efforts should be made to ensure there is sufficient
housing to support the employees in Palm Desert.
Mr. Ceja reported approximately 4.5% of Palm Deserts housing stock is dedicated to
affordable housing. Mrs. Gonzales and he did extensive research to determine what other
affordable housing policy options are available around the state. There have been a
number of changes at the State level in the last two years including 18 new housing laws
passed in 2018 and 19 new housing laws passed in 2019.
These new laws include items which would streamline the process for development.
Permits will still be required for projects such as building an accessory dwelling unit or a
new addition to a home, however, the City would be limited with its ability to deny the
development of these types of structures. Additionally, there are new California
Environmental Quality Act(CEQA) clearances and guidelines related to housing that have
been implemented to assist with expediting the development of housing with the State.
Their research also revealed many cities were creating an affordable housing overlay
district, which is the policy before the commission. Other cities fee schedules were also
3
PRELIMINARY MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
reviewed. Staff had considered the possibility of a no net fee, which would allow fees to
essentially stay the same, however, a portion would be allocated to affordable housing.
At the policy committee level it was not recommended to move forward with this
alternative, though, this is still an option which may be considered in the future.
There has also been discussion regarding the need to identify Housing Authority
properties and taking a more assertive approach to market these properties for
development. With the release of the new RHNA numbers staff will need to be strategic
with how these properties are released and developed. In larger cities, an inclusionary
housing ordinance has been implemented which requires developers to set aside a
portion of that development for affordable housing. This policy has received mixed reviews
and is not currently in practice within the Coachella Valley, therefore, it is not an option
being entertained at this time.
Mr. Ceja referenced the current Housing Overlay District policy~ m re the commission,
stating its intent is to incentivize affordable housing units. This poli uld be voluntary
and would be applied to properties that have been identified in the City ,using element
as well as Housing Authority properties. This is an optional standard, sho`' developer
choose to allocate 20% of the units within their housing project as income restricted units,
they are eligible for the incentives offered in the policy.
Commission Buller inquired as to the origin of the incentives being proposed in the policy,
did staff receive feedback or input from the development community or are they from other
city policies.
In reply, Mr. Ceja stated initially, City staff met exhaustively with the Building Industry
Association, Desert Valley Builders Association, Coachella Valley Housing Coalition and
other affordable housing developers to get a better understanding of what impedes their
ability to develop affordable housing. What staff learned was that requiring certain items
can make it difficult for developers to finance their projects, however, they approved of an
option to have incentive standards available to them. Additionally, staff reviewed other
cities who had overlay district policies, finding the majority offered development standard
flexibility, some type of expedited process through the City, and a density bonus. Staff is
hoping there are enough incentives within this policy to entice developers to provide
affordable housing units as part of their project.
Chair Mireles observed the identified properties for the overlay district are all north of Fred
Waring and asked if there was a reason for this.
Mr. Ceja replied the identified properties are already part of the established housing
element and others are already owned by the Housing Authority, making these ideal areas
to slowly start the implementation of this policy. He noted this policy could be applied to
additional areas in the future.
Councilmember Kelly added the City is trying to avoid over populating areas and
drastically altering the character of established neighborhoods without community input
and public hearing. These properties have already been identified as very suitable for this
kind of development.
4
PRELIMINARY MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
Vice Chair Ballard asserted the issue seems to be the percentage of loss to property
values.
In reply, Councilmember Kelly stated the issue is lifestyle as well as property value, adding
many people have moved to the area because they want to escape urban density.
Vice Chair Ballard commented there are a number of different things that will rely on the
success of this program. He noted they will need to adapt new standards of appraisal for
example, adding he can see many positive and negative aspects to this program. He
stated one of the issues his client has come up against is the community's unwillingness
to have affordable housing in their area.Vice Chair Ballard expressed it will be a challenge
to present this program in a positive light, and felt it should be taken to the real estate
community to see how this will affect them. He stated he fee he overlay is a great idea
and agrees with the recommended policy.
Director of Community Development Ryan SterQ reed that the ay
of this
policy will not be easy, however, it is a good toward the future o is
housing.
Vice Chair Ballard inquired about the pos of appro ing the Marn dding they
have the land and the means to build.
Councilmember Kelly asserted affordable housing requires extensive expertise because
the funding sources are varied and complex, it is a specialty. There are entities with this
specialty in the Coachella Valley, and many more reso *!' Ou
tside of our area which we
may be able to entice to the City. It would be difficult vince entities that do not
already possess an expert on staff to take this opportunity. It would a greater prospect for
success to identify and entice entities that are already involved in the affordable housing
industry within the surrounding vicinity.
Mrs. Gonzales explained this policy is intended for communities being developed that
would not have 100 percent affordability provided as part of that community. This policy
is meant to encourage private developers, who did not plan otherwise, to include 20% of
their units as affordable housing, so they can take advantage of the incentives which come
along with this inclusion.
Chair Mireles expressed concerned regarding the designated areas being concentration
in one area adding he would like to see it spread more throughout the City.
Councilmember Kelly commented that our current affordable housing communities are
located throughout the City. The area designated in the overlay district are where the City
has the most vacant land available for development. This proposed area currently has
housing communities like Genesis, already developed and the allocated areas for
affordable housing are approximately 25% of the overlay district, so a noticeable
concentration of these developments are avoided.
Mrs. Gonzales reiterated that the developments would not be one hundred percent
affordable, it would be 20% of the units in any given development which would prevent a
concentration of affordable households. Additionally, since these areas are vacant land
they provide the best opportunity for developers to take advantage of the density bonus
5
PRELIMINARY MINUTES
PALM DESERT HOUSING COMMISSION JANUARY 8, 2020
and other offered incentives, which in turn allows the City to yield a greater number of
affordable units.
Commissioner Buller observed some of the incentives and strategies mentioned in the
housing overlay district were items that were negotiated with the developer for the Sands
project.
In reply, Mr. Ceja stated this was correct, adding the State already allows a density bonus
and notes the number of concessions a City should offer. The overlay district policy uses
some of those density provisions and further defines the incentives which would be
available as a standard to any developer who chooses it as an option.
Upon inquiry by Commission Buller, Mr. Stendell stated the map provided is part of the
General Plan adding the designated overlay district areas are zone as planned residential.
Chair Mireles commended the City for being aggressive about a\Gu
e issue of
affordable housing.
Upon a motion by Vice-Chair Ballard, second by Commissioand a 6-0
vote of the Housing Commission the Consent Calendar was apresented
(AYES: Ault, Buller, Ballard, Guinaw, Mireles, and Morrison; NOES: None; ABSENT:
None).
VI. CONTINUED BUSINESS
None
VII. OLD BUSINESS
None
VII1. REPO CO
mission embers arks and Requests
Airs. Gonzales intced s member, Chris Gerry, commenting she invited him to
the meeting so that he can provide more detailed information on the City's efforts to
help the homelessness in our community.
Management Analyst, Chris Gerry, gave a brief introduction of himself. Mr. Gerry
informed the City has a local homeless outreach program which includes two
Riverside County workers dedicated to the City of Palm Desert. These county staff
workers are contracted through Riverside University Health Systems, which is part of
their mental health department. They work in our community essentially full time and
drive throughout the community in a County vehicle looking for individuals who are
homeless. Mr. Gerry stated those in homeless advocacy have found that continual
relationship building with homeless individuals builds trust which allows the workers
to help them with their current situation and the eventual goal of participation in the
Housing First model program. Initial contact by the workers with the homeless in the
community will normally include a conversation and an offer of water, coffee, help and
6
Palm Desert-Housing Authority Rental
Project Name Address No.of Units Income Category Unit Types Owner
Taos Palms 44830 Las Palmas Avenue 16 VL/Low/Mod. Rental-Multi Family PDHA
Santa Rosa Apt. 73625 Santa Rosa Way 20 VL/Low Rental-Multi Family PDHA
Neighbors Apt. 73535 Santa Rosa Way 24 VL/Low/Mod. Rental-Multi Family PDHA
Palm Village Apt. 73650 Santa Rosa Way 36 VL/Low Rental-Multi Family PDHA
Laguna Palms Apt. 73875 Santa Rosa Way 48 VL/Low/Mod. Rental-Multi Family PDHA
Desert Pointe Apt. 43805 Monterey Avenue 64 VL/Low/Mod. Rental-Multi Family PDHA
California Villas 77107 California Drive 141 VL/Low/Mod. Rental-Multi Family PDHA
One Quail Place 72600 Fred Waring Drive 384 VL/Low/Mod. Rental-Multi Family PDHA
Sagecrest Senior Apt. 73811 Santa Rosa Way 14 VL/Low/Mod. Rental-Senior PDHA
The Pueblos 73695 Santa Rosa Way 15 VL/Low/Mod. Rental-Senior PDHA
La Rocca Villas 42135 Golden Eagle Lane 27 VL/Low Rental-Senior PDHA
Candlewood Apt. 74000 Shadow Mountain Drive 30 VL/Low/Mod. Rental-Senior PDHA
Catalina Gardens 73600 Catalina Way 72 VL/Low/Mod. Rental-Senior PDHA
Carlos Ortega Villas 77915 Avenue of the States 72 VL/Low Rental-Senior PDHA
Las Serenas Apt. 73315 Country Club Drive 150 VL/Low/Mod. Rental-Senior PDHA
Total 1113
Sub Types Total by Unit Type %of Total
Rental-Senior 380 34.1%
Rental-Multi Family 733 65.9%
VL/Low 155 13.9%
Very Low/Low/Mod. 958 86.1%
Low/Moderate 306 27.5%
Palm Desert-Rental Developer Provided
Project Name Address No.of Units Income Category Unit Types Owner
Atria Palm Desert 44300 San Pascual Avenue 5 Very Low Assisted Living Private
Legend Gardens 73685 Catalina Way 10 VL/Low Assisted Living Private
Care],Lee and Sandra Apt. 73735 Santa Rosa Way 1 Low Rental-Multi Family Private
River Run One 44555 San Rafael Avenue 2 VL/Low Rental-Multi Family Private
Canterra Apt. 74401 Hovley Lane East 31 Low Rental-Multi Family Private
Vineyards Apt. 37600 College Drive 52 Moderate Rental-Multi Family Private
The Enclave 35751 Gateway Drive 64 Moderate Rental-Multi Family Private
Hovley Gardens 7450142nd Avenue 162 Very Low Rental-Multi Family Private
Catalina Apt. 73582 Catalina Way 4 L/Mod Rental-Senior Private
Catalina Isle Apt. 73625 Catalina Way 4 Low Rental-Senior Private
Villas on the Green 77120 California Avenue 15 L/Mod Rental-Senior Private
Total 350 *Assisted Living is counted as beds,or 2 beds per unit
Sub Types Total by Unit Type %of Total 15 1463
Rental-Assisted Living 15 4.3% 403
Rental-Senior 23 6.6% 1045
Rental-Multi Family 312 89.1%
Very Low 167 47.7%
VL/Low 12 3.4%
Low 36 10.3%
Low/Moderate 19 5.4%
Moderate 116 33.1%
CITY OF PALM DESERT
HOUSING COMMISSION REPORT
SUBJECT: Housing Overlay District
SUBMITTED BY: Eric Ceja, Principal Planner
Jessica Gonzales, Senior Management Analyst
DATE: January 8, 2020
On January 10, 2019, the City Council appointed Councilmembers Harnik and Kelly to an ad
hoc "Affordable Housing Policy Subcommittee." The subcommittee was formed to work with
City staff and to:
- Review existing City housing policies
- Review existing policies from around the State
- Explore affordable housing policy options for the City
- Perform a comparative analysis of affordable housing with other Coachella Valley
cities
Staff initially spent months gathering and compiling information needed for an educated and
thoughtful discussion on housing policy and presented the findings at a subcommittee
meeting in May 2019. Committee members initially favored incentive based policy options.
Based on committee member feedback, and research of other cities, staff presented a draft
"Housing Overlay District" in an open forum on October 24, 2019. Feedback was limited, but
those in attendance supported the City's efforts to move forward with an Overlay District to
incent new affordable housing development.
The attached "Housing Overlay" district provides a framework to incentivize the development
of affordable housing units in the City. The Overlay provides optional standards and
incentives for housing projects that provide a minimum of 20% of units as income-restricted.
In exchange for providing 20% affordable units, the overlay provides the following for projects
that conform to the development standards of the base zone:
• No public hearing; only a review with the City's Architectural Review Commission
• Allows for a density bonus consistent with State Law
• Provides a reduced parking requirement
• Potential waiver of City Development Impact Fees
At this time, the Overlay Zone will only be applied to properties identified in the City's Housing
Element and Housing Authority controlled parcels. A map indicating these properties, as well
as a draft of the Housing Overlay District, are provided with this memo.
25.28.020 Housing Overlay District(DMA
A.Intent.The intent of overlay district is to incentivize the development of affordable housing units
in the City of Palm Desert.
B. Purpose and applicability.The purpose of the Housing Overlay District (HOD) is to provide
optional standards and incentives for the development of a wide variety of housing developments
which provide a minimum of 20% of all units dedicated as income-restricted. The overlay zone is
generally applied to properties identified in the City's Housing Element and Housing Authority owned
properties as shown in Figure 25.28-1. Wherever the HOD has been added to a base zone, the
applicant may choose whether to use the optional HOD standards and/or the standards of the base
zone.
C. Uses permitted by approved precise plan and conditional use permit.Uses permitted or
conditionally permitted in the R-2 and PR zoning districts may be approved through an Architectural
Review application process. Housing types applicable to the HOD include, but areinot limited to,
single-family detached/attached, duplex units,and multi-family development, either for rent or sale.
D.Development standards.Development standards shall be flexible to ensure efficient site planning
and neighborhood compatibility and to reflect the unique requirements of integrating income-
restricted units into market-rate housing developments. Flexibility to the base zone development
standards may be utilized as part of the design review of an Architectural Review application.Design
guidance contained in Section 25.20 "Downtown District Design Guidelines" and within the
University Neighborhood Specific Plan shall be followed.
E.Affordable Housing Requirement.To be eligible for the provisions of this chapter,rental housing
development within the HOD shall provide a minimum of twenty percent (20%) of all units within
the project at income-restricted rents, or at least one (1) unit for smaller residential projects. All
fractional units shall be rounded up to the next whole number.
F.Density and intensity. Project densities are established in the Zoning Ordinance and on the Zoning
Map. Any mixed-use and residential project under this Chapter is eligible for a density bonus as
allowed under State law.Formulas for density bonuses are contained in Palm Desert Municipal Code
Chapter 25.34.040.
1. Unit sizes.Minimum allowable unit sizes in square feet(sf)shall vary according to
presence or absence of a common project amenities.Each unit shall contain,as a
minimum,a kitchen including 2 burners, an oven,a refrigerator/freezer, a sink,counter
space,and storage.
G. Parking requirement.
1. Parking ratios based on bedroom count shall be calculated as follows:
Table 25.28-1: Parking Required for Housing Overlay
Bedroom Count Parking Ratio
Studio/1 Bedroom 1.50 per unit
2—3 Bedrooms 2.00 per unit
H. Development Impact Fees:Any mixed-use or residential project eligible under the overlay
district may be subject to a fee waivers of City fees for all income-restricted units including plan
check and inspection fees.The remainder of the project may be eligible for a reduction in fees if
funding sources are available with the City's Affordable Housing funds.
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Owner Address
Lomitas 2331 W. Lincoln Avenue Anaheim, CA 92801
UHC 00357 Palm Desert 2000 E.4th Street, Suite 205 Santa Ana, CA 92705
MC Properties 270 N. El Camino Real Encinitas, CA 92024
Palm Desert University Gateway 38 S. Clancy Lance Rancho Mirage, CA 92270
University Park In 3875 Hopyard Road, Suite 180 Pleasanton, CA 94588
Vineyard Apartments 9777 Wilshire Boulevard Suite 918 Beverly Hills, CA 90212
Ponderosa Homes II Inc. 6130 Stoneridge Mall Road Pleasanton, CA 94588
Freeway Lanes 9777 Wilshire Boulevard Suite 900 Beverly Hills, CA 90212
T. CIT Y 0 [ P H L M O ESERI
73-5io FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 76o 346—o6>>
FAx: 76o 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 19-0004
NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO APPROVE A
RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO ESTABLISH A HOUSING OVERLAY DISTRICT AND TO
APPLY THE OVERLAY DISTRICT TO HOUSING AUTHORITY PROPERTIES AND
PROPERTIES IDENTIFIED IN THE CITY'S HOUSING ELEMENT; AND ADOPT A NOTICE OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
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 will not result in a direct
impact to the built environment, and that specific projects within the overlay zone will be evaluated
in accordance with CEQA when a development application is filled. Therefore, the Director of
Community Development is recommending that the Planning Commission adopt a Notice of
Exemption under the CEQA guidelines.
Project Location: The Housing Overlay District (HOD) is intended to be applied to the following
parcels as identified by Assessor Parcel Numbers: 622-370-014, 627-122-013, 685-010-005,
694-120-028, 694-130-017, 694-130-021, 694-190-087, 694-200-014, 694-200-024, 694-310-
006, 694-510-001, and 694-510-013.
Code Amendment Description:
The HOD is intended to incentivize the development of affordable housing units in the City by
providing optional development incentives. By opting to utilize the HOD, property owners agree
to provide 20% of all housing units at affordable rents. In doing so, the property owner is eligible
for flexible development standards, density bonuses in accordance with State law, reduced
parking ratios, expedited application processing, and potential waiver of certain development
impact fees.
Recommendation: Staff is recommending that the Planning Commission adopt a resolution
supporting the changes to the 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 February 4,
2020, 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 January 25, 2020,
to February 4, 2020.
Public Review: The ZOA is available for public review Monday through Friday from 8:00 a.m. to
5:00 p.m. 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
I
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
INTEROFFICE MEMORANDUM
To: Andy Firestine, Assistant City Manager
From: Ryan Stendell, Director of Community Development,
Date: January 9, 2020
Subject: Update: Affordable Housing Policy Subcommittee
At the City Council meeting of September 26, 2019, Community Development staff
provided a memo with an update of the work performed by the Affordable Housing Policy
Subcommittee. The memo stated that a "draft Affordable Housing Overlay District" would
be prepared with the intent to "incent affordability rather than require" it. The memo also
stated that a public forum to review staff's findings for affordable housing in the Coachella
Valley would be held in October.
On October 24, 2019, Community Development staff hosted a public forum to review the
draft Overlay District and findings related to affordable housing in the Coachella Valley.
Feedback was limited but those in attendance supported the City's efforts to move
forward with an Overlay District to incent new affordable housing development. As such,
staff is prepared to move the Overlay District forward to public hearings. Below is a
tentative schedule for public hearings:
• City's Housing Commission on January 8, 2020
• City's Planning Commission on January 21 , 2020
• City Council on February 13, 2020
At the meeting on February 13, 2020, staff anticipates providing a robust presentation
related to affordable housing in the City as well as presenting the Housing Overlay for
City Council consideration.
cc: Eric Ceja, Principal Planner
Jessica Gonzales, Senior Management Analyst