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HomeMy WebLinkAboutOrd 1337 - CZ 16-280 - 77200 California Dr (88365)ORDINANCE NO. 1337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION TO REZONE APPROXIMATLEY 30 ACRES FORMERLY OPERATED AS THE PALM DESERT COUNTRY CLUB EXECUTIVE COURSE LOCATED AT 77- 200 CALIFORNIA DRIVE CASE NO: CZ 16-280 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of December, 2017, hold a duly noticed public hearing to consider the request by Chris McFadden Architects, for approval of the above -noted and adopted Planning Commission Resolution 2715, recommending approval for the Change of Zone and development proposal for the former Palm Desert Country Club Executive Course, to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 22nd day of March 2018, hold a duly noticed public hearing to consider the request by Chris McFadden Architects, for approval of the applications for a 69-unit condominium project and above -noted Change of Zone application; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a mitigated negative declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The Change of Zone and the associated development proposal, are consistent with the goals and policies of the Palm Desert General Plan including that: the in - fill project is an adaptive reuse of a closed golf course that demonstrates good design and connectivity by providing passive open space and trails and provides a compatible density and scale to the surrounding developments, that the new development balances open space preservation while providing high -levels of community amenities, and the project provides additional housing variety that ensures housing types are dispersed around the City. 2. The Change of Zone and the associated development provides land use compatibility within the boundaries of the planning area and to adjacent properties as the proposed units and development standards are similar to, or exceed, the development standards of the surrounding single-family and apartment land uses within Palm Desert Country Club. ORDINANCE NO. 1337 3. The Change of Zone and the associated development is suitable and appropriate for the reuse of the former golf course in that the property has been designated for mixed -residential and that development will comply with applicable City standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Change of Zone 16-280, as shown in Exhibit A, as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the : day of _ , 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Eric Ceja\Case Files\Palm Desert Country Club\CC\CC - Change of Zone Ord (3.22.18).docx 2 ORDINANCE NO. 1337 City of Palm Desert Case No. CZ 16-280 CHANGE OF ZONE Proposed Zoning Change O.S. To R-2 CITY COUNCIL ORDINANCE NO. 1337 EXHIBIT A Dale: G:\Planning\Eric Ceja\Case Files\Palm Desert Country Club\CC\CC - Change of Zone Ord (3.22.18).docx 3 RECEIVED CIT Y CLERK'S OFFICE PALM DESERT r' 2018 MAY 18 AM 10: 03 5-18-2018 To: Mayor, Sabby Jonathan Pro-Tem, Susan Marie Weber Council Member, Jan Harnik Council Member, Gina Nastande Council Member, Kathleen Kelly From: Barbara Powers Subject: Council Meeting Procedure During meetings where an applicant has applied for a project, the public is allowed to speak for 3 minutes after the project is presented by the Staff . When the public hearing is closed the applicant for the project gets to speak, say for 30 minutes. No one from the public is allowed to refute statements that are made by that applicant. It unfair. Sometimes the Council could benefit from what the public has to say.. For instance, in the case of the Palm Desert Country Club, request for zone change and 69 Condo project the applicant pleaded for this project to be approved. He stated that the process had gone though the Architectural Committee Process in May. That was not true , the voting took place in July when most people were out of town. 1 complained because k was in Missouri for the summer and was told there would be no more meetings until the fall when the snow birds returned. 1 was told it was merely an administrative committee and they really had no say except about plans. I tried all summer to obtain the minutes for that meeting. I contacted the city and was told they were on line. Not true, I contacted Sabby Jonathan and was told it was a technical glitch The applicant stated that there was a community committee that worked on developing the plans for the 69 condos. 1 sent you a letter stating what happened to this committee. Most joined OPEN SPACE or sold their homes and moved away. Then the applicant had one of his partners read letters that supported the project, Only one limed in our community and did not even live on the goff course. As to the 218 Lighting district: Applicant said there was opposition and it did not happen. One reason, the City asked the applicant to provide his financials and make a web site. He stated he would come back in the fall after reseeding. He never brought this back to The city. The residents never had a chance to vote whether they would support the $25. estimated fee. After no action was taken, I talked to the State of California, Attorney General's tax Department to ask about the 218 fighting District and gave them the facts. I was told, "In the State of California there had never been a 218 Lighting District that would benefit a private business." WE, AS A COMMUNITY WERE NEVER ABLE TO VOTE ON THIS IDEA. In the search for the truth, people should be allowed to speak so that you have all the facts. I urge you to change this policy for future hearings. It is not fair to everyone. Sincerely, Barbara Powers 76918 Kentucky Ave, .Palm Desert, CA 92211 May 21, 2018 Rachelle Klassen, City Clerk Please distribute the attached letter and make part of the public record for City Council Meeting May 24, 2018. Thank You, Jack Forney 76831 Kentucky Ave Palm Desert, Ca. 92211 May 21, 2018 City of Palm Desert: Sabby Jonathan, Mayor Susan Marie Weber, Mayor Pro -Tem Jan Harnik, Council Member Kathleen Kelly, Council Member Gina Nestande, Council Member Lauri Aylaian, City Manager Robert Hargreaves, City Attorney Ryan Stendell, Director of Community Development Rachelle, Klassen, City Clerk CITY CLERICSEOFFICE PALM DESERT r,•, 2018 MAY 21 AM I I : 15 Subject: New Amended Operation and Maintenance Agreement by and between City of Palm Desert and PD Holdings, LLC Our concern and solution is as follows: Under the current Operation and Maintenance Agreement the eighteen (18) hole golf course and the nine (9) hole executive course are collectively identified as the "Golf Course" and all portions of the agreement apply to both courses. The new proposed amended Operation and Maintenance Agreement will apply only to the eighteen (18) hole golf course because of the Proposed PDCC Development of the nine (9) hole executive course. No one can positively state that the Proposed PDCC Development on the Executive Course will ever actually happen, this leaves the nine (9) hole executive course in a dire and vulnerable situation. We are therefore asking that the PDCC Executive Golf Course, nine (9) holes be a part of the new proposed Amended Operation and Maintenance Agreement, and all terms of that agreement would be collectively applicable to the nine (9) hole Executive Course, shall run with the land and bind Owner's successor's and assigns until such time that the Proposed PDCC Development of the Executive Course is completed on Sections A, B and C of the development or any development and at such time that portion of the Operation and Maintenance Agreement would expire. We further ask that the New Amended Operation and Maintenance Agreement by and between City of Palm Desert and PD Holdings, LLC be recorded with the Riverside County Assessor Office. Thank your for your time and consideration regarding this matter. Jack and Marilyn Forney 76831 Kentucky Ave. Palm Desert, California Reference: City Council Meeting May 24, 2018 ORDINANCE NO. 1337 - Case No. CZ 16-280 McFadden/McFadden Architects May 18, 2018 Palm Desert City Council Sabby Jonathan, Mayor 73510 Fred Waring Drive Palm Desert, Ca 92260 RECEIVED CITY CLERK'S OFFICE PALM DESERT C' 2018 MAY 22 AM 8: 16 Re: PDCC New agreement BEFORE they are allowed to build 69 homes I was at the last City Council meeting and I appreciate everyone's questions and thinking about the details and I did feel everyone truly does want to do the right thing for the people but just didn't have a lot of options. Since it does appear that the PDCC owners are going to be allowed to build their 69 homes and the previous agreement amended I would like to add some suggestions to be added into their agreement before allowing them to move forward. THERE MUST BE SOME CONSEQUENCES if the owners keep breaching their contracts and there is no reason for me to believe that in time we will not be in this same position for the 3rd time. As it was clearly brought up, the Golfing Industry has been in a decline and that is not expected to change, so why would anyone believe that down the line after current owners have received their millions of dollars in profit from the 69 units and then are just stuck with the Championship course that of course will not be making money (at some point) to keep them from shutting it down with the same excuse. "we can't be forced to stay in business at a loss" It is not an acceptable alternative for them to ask the owners to pay for maintenance on THEIR property while they continue to own it after their breach of contract so here is what I propose to be in their agreement to protect our future before they are allowed to move forward and make a big profit on their current breach of contract. PDCC to put $1,000.000.00 (one million US dollars) into an account to be held in case of breach of contract. (with city attorney as conservator?) Money to be collected now while we know they have the money and have the incentive to do so. If they breach the contract and do not keep the Championship course open and maintain it properly then they do not get to keep their asset and ask others to pay to maintain it, they must sell it and should not be allowed to make big profits on it AGAIN and here is how I propose for that to work. Use the million dollars to build a walkway down the middle of the golf course and then subdivide the rest allowing property owners on the golf course first right to buy the portion directly abut their property and to purchase that parcel for $1,000.00 (one thousand US dollars) If they do not want to purchase it then their neighbors or other PDCC homeowners may purchase it for $1,000.00. For portions that are not abut a home, those properties/sections would be available first for other PDCC homeowners and if they weren't interested, then to general public with the purchase price remaining $1,000.00 per parcel, but also keeping it zoned open space. Having the walkway down the middle would allow access for people that have purchased sections that are not connected to their home, (possibly used as a garden like there is on San Pablo, or just a meditation area since the price makes it very affordable) What I heard said by Mayor/Council at the meeting is that they didn't feel they had other alternatives in the current situation, so here is what I suggest be decided NOW while the owners are willing to work with us because they want their project approved, not later when they have nothing to lose. THE OWNERS/INVESTORS (past, current or future) SHOULD NOT BE ABLE TO KEEP PROFITTING FROM THEIR BREACH OF CONTRACTS! I hope the Mayor/Council will seriously consider putting this or something like this in their agreement for future If?/When? They want to shut down or not maintain the Champion Course in the future since we know that there will come a time that financially it will not be making a profit. VERY IMPORTANT: Just thought of something else. Please make sure that while doing the REZONING for the new development that the championship course does not end up as a separate parcel by itself and therefore eligible down the line to be rezoned R2 open space and have 50% of Championship Course being able to be built on because it is not still part of the big parcel that already had 50% of it built on. Sincerely, Wendy Best 43770 Virginia Palm Desert, CA 92211 760-564-7754 Home 760-413-9611 Cell wbesthome(a,gmail.com Mailing Address: P.O. BOX 62 LA QUINTA, CA 92247 KECEIYEU CiT ALM DESER OFF ICE 2818 MAY 22 PM 3: 1 1 5-22-2018 TO: Mayor, Sabby Jonathan Pro-Tem, Susan Marie Weber Council Member, Jan Harnik Council Member, Kathleen Kelly Council Member, Gina Nastande -FROM: Barbara Powers, Secretary OPEN SPACE ACTION COMMITTEE SUBJECT: COUNCIL MEETING MAY 24, 2018. REGARDING ITEM B ON PAGE 10 ORDINANCE NO. 1337. CASE NO. CZ 16=280. IF THE CITY COUNCIL 1S SERIOUS ABOUT APPROVING THE R2 ZONE, THEY SHOULD CONSIDER POSTPONING THE VOTE ON THIS ITEM. THINK ABOUT IT, IF YOUR APPROVE THE R2 ZONE AND DO NOT BRING THIS ISSUE BACK UNTIL JULY TO CHANGE IT TO OPEN SPACE RESIDENETIAL, IT WILL BE LEAVING AN OPPORTUNITY FOR THE APPLICANT TO SELL THE PROPERTY AS R2. THUS, NOT PROTECTING YOUR 188 HOMEOWNERS. IT COULD BE POSSIBLE THEY COULD SELL OR PARTNER WITH A NEW BUILDER, SIMILAR TO WHAT HAPPENED WITH THE OWNER OF PALM DESERT COUNTRY CLUB'S MR. CHO, LARRY KOSMONT AND H.R.HORTON. THE PROFIT TO TO THOSE OWNERS CAME AFTER HORTON BUILT AND SOLD EACH HOUSE. PLEASE TABLE THIS ISSUE UNTIL ALL YOUR DUCKS ARE iN A ROW. THANK YOU, BARBARA POWERS, SECRETARY, OPEN SPACE ACTION COMIITTEE. Klassen, Rachelle From: Stanley, Jane Sent: Thursday, May 24, 2018 8:39 AM To: Klassen, Rachelle Subject: FW: Palm Desert Country Club Blind copied to the City Council Original Message From: Ted Thomas [mailto:teded5oclocksomewhere@yahoo.com] Sent: Wednesday, May 23, 2018 7:01 PM To: CityhallMail <Cityhall@cityofpalmdesert.org> Subject: Palm Desert Country Club Im a little worried about all the changes in this area, the re -zoning of the Executive course and the banning of short term rentals. This could possibly cause the Championship course going under and the owners going bankrupt or trying to change the zoning on the big course to build more. The golf course and small neighborhood feel is about the only thing that keeps this area desirable to locals and tourists. Without that this area would be a few square miles of Palm Desert Hot Springs. Sent from space 1