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HomeMy WebLinkAboutZOA 18-0003 - Ord 1340 and 1341 - Palm Desert Country ClulbOrdinance Nos. 1340 and 1341 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: July 12, 2018 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration to adopt ordinances to establish Section 25.28.130 "Open Space/Residential Overlay District" of the Palm Desert Municipal Code and apply said overlay district to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637-190- 021, 637-190-024, and 637-190-027), and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Recommendation That the City Council adopt and pass to second reading: 1. City Council Ordinance No. 1340 , approving Zoning Ordinance Amendment 18-0003 to create Section 25.28.130 "Open Space/Residential Overlay District" of the Palm Desert Zoning Ordinance and adopt a Notice of Exemption. 2. City Council Ordinance No. 1341 , approving Zoning Ordinance Amendment 18-0003 applying the "Open Space/Residential Overlay District' to three parcels of land (APNs 637-190-021, 637-190-024, and 637- 190-027) as they relate to the Palm Desert Country Club project. Planning Commission Recommendation On June 19, 2018, at their regularly scheduled meeting, the Planning Commission unanimously approved Resolution Nos. 2722 and 2723, recommending approval of the proposed Zoning Ordinance Amendment (ZOA) and applying it to the former Executive Course parcels at Palm Desert Country Club. The Planning Commission questioned whether a minimum number of community outreach meetings should be specified. Staff responded that golf course conversion projects are sensitive and unique and specifying exact requirements may not reflect the needs of all communities. Therefore, staff recommended that golf course conversion projects not move forward in the public hearing process until staff is satisfied with the number of outreach meetings achieved. In addition, the project would not move forward to public hearings unless the impacted community generally supports the project, or is at an impasse with all alternatives having been sufficiently explored. G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\CC Staff Report (ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 2 of 4 Strategic Plan The Land Use, Housing & Open Space chapter of the Strategic Plan contains the following priority: • Priority No. 5: "Utilize progressive land use policies and standards to support ongoing and future needs." Under this Priority, an "Action Step" is listed for the repurposing of golf courses. The specific step includes all parties: residents, the developer, and the City, working together for the repurposing of existing golf course facilities. This ZOA executes the Strategic Plan by providing guidance for repurposing golf courses, establishing community outreach requirements, and providing standards for preservation of open space and the inclusion of new community amenities. Executive Summary Approval of staff's recommendation will establish Section 25.28.130 "Open Space/Residential Overlay District" and apply the overlay district to three (3) parcels within Palm Desert Country Club. The City Council, at their meeting of May 10, 2018, approved a Change of Zone for these three (3) parcels from Open Space (O.S.) to Mixed -Residential (R-2), as part of a larger golf course conversion project for Palm Desert Country Club. At that meeting, the City Council directed staff to establish a new zoning designation that provides requirements for golf course conversion projects, and that the zoning standards should include provisions for: community outreach, preservation of at least forty-five (45) percent open space, and the addition of project/community amenities. The proposed ordinance satisfies the City Council's direction. Background Analysis A. Property Description: Although the ZOA can be applied more broadly once established in the Municipal Code, the proposed Ordinance will apply the overlay district to three (3) parcels within Palm Desert Country Club. The three separate parcels consist of 30 acres formerly used as the Palm Desert Country Club Executive Course (Executive Course). Parcel A consists of 13.5 acres and is bounded by Oklahoma Drive (Oklahoma), Kentucky Avenue (Kentucky), California Drive (California), and Tennessee Avenue (Tennessee.) Parcel B consists of 6.15 acres and is bounded by California, Kentucky, and Tennessee. Parcel C consists of 9.7 acres and is bounded by Tennessee, Utah Circle (Utah), Indiana Avenue (Indiana), California, and New Mexico Drive (New Mexico). B. Zoning and General Plan Designation: Zone: R-2 Mixed Residential General Plan: Golf Course & Resort Neighborhood G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 1S-0003 Open Space_Residential\CC Staff Report (ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 3 of 4 C. Adjacent Zoning and Land Use: North: R-1 - Residential Single-Family/Single-Family Homes South: R-1 - Residential Single-Family/Single-Family Homes East: R-1/R-2 - Residential Single-Family/Single-Family Homes and Senior Apartments West: R-1 - Residential Single-Family/Single-Family Homes Background Analysis In May 2018, during the public hearings for the Palm Desert Country Club (PDCC) project, the City Council directed staff to prepare a ZOA for the creation of an "Open Space/Residential Overlay District." The direction from the City Council was for the new zoning to be immediately applied to the PDCC parcels. Additionally, the City Council gave specific direction to Planning staff to include provisions for community outreach, preservation of open space, the incorporation of additional community benefits, and amenities into new project designs. Project Description The proposed ordinance incorporates the provisions directed by the City Council including the following: • Golf Course conversion projects are required to host community outreach meetings to evaluate project alternatives and ensure the impacted community participates in the planning process. • That options to maintain the golf course are explored and financial information related to the maintenance of the golf course is shared with the impacted community. • That any development proposal preserves a minimum of 45% of the existing open space unless the applicant can show community support for a reduction below that minimum. • That new community amenities and benefits are incorporated into the project design. • That the density of any development proposal does not exceed the density of the surrounding community. Staff believes that the new overlay zone and the standards contained therein will be effective in ensuring that any future golf course conversion project will require extensive public involvement, new community benefits and amenities, preservation of open space, and density that is compatible with the existing community. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the creation of the Overlay Zone will not have an impact on the \\srv-fi12k3\groups\Planning\Eric Ceja\Case Filcs\ZOA\ZOA 18-0003 Open Space_Residential\CC Staff Report (ZOA).doc July 12, 2018 - Staff Report Case No. ZOA 18-0003 Page 4 of 4 environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. 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 City Council Ordinance Nos. 1340 and 1341 , attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER Robert W. Hargreaves Ryan Stendell City Attorney Director of Community Development APPLICANT: CITY OF PALM DESERT ATTACHMENTS: N /A Janet Moore Director of Finance Lauri Aylaian City Manager 1. Draft City Council Ordinance No. 1340 2. Draft City Council Ordinance No. 1341 3. City Council Public Hearing Notice 4. Planning Commission Resolution Nos. 2722 and 2723 5. DRAFT Planning Commission Minutes: June 19, 2018 6. CEQA - Notice of Exemption G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\CC Staff Report (ZOA).doc ORDINANCE NO. 1340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE SECTION 25.28.130 OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT CASE NO: ZOA 18-0003 WHEREAS, at the City Council meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space, for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the ordinance establishes procedures for all proposed golf course conversion projects and includes provisions for community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the procedures established by the ordinance are in line with the development standards of the Palm Desert Municipal Code, and the community outreach provisions are in line with the practices and policies of the City of Palm Desert; and WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 1 9th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted and adopted Resolution Nos. 2722 and 2723, recommending that the City Council adopt the ZOA, subject to minor grammatical changes and apply the overlay district to three parcels that previously were occupied by the former Palm Desert Country Club Executive Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on thel2th day of July 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the amendments to Zoning Ordinance Chapter 25.28 are consistent with the General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, Califomia, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1340 SECTION 2. Adoption of the Zoning Ordinance Amendment establishes Section 25.28.130 of the Palm Desert Municipal Code as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of Julv, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA \\srv-fi12k3\groups\Planning\Eric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\ZOA 18-0003 CC Ord - Section 25.28.130.doc Ordinance No. 1340 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non -recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. These meetings require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course, ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: Ordinance No. 1340 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf -course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. ORDINANCE NO. 1341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPLY A CHANGE OF ZONE FOR THREE PARCELS OF LAND (APNs: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2 TO R-2 WITH AN OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB PROJECT CASE NO: ZOA 18-0003 WHEREAS, at its meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the property owner for the Palm Desert Country Club consented to the Change of Zone for an Open Space/Residential Overlay at the time of City Council approval on May 10, 2018; and WHEREAS, the Open Space/Residential Overlay District establishes procedures for all proposed golf course conversion projects and includes provisions for: community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19'n day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted, and adopted Resolution Nos. 2722 and 2723, recommending that the City Council adopt the ZOA, subject to minor grammatical changes and apply the overlay district to three parcels that previously were occupied by the former Palm Desert Country Club Executive Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on the12th day of July, 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that applying the Open Space/Residential Overlay District to said parcels is consistent with the General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1341 SECTION 2. Apply the Open Space/Residential Overlay district to three parcels located within Palm Desert Country Club as identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of July, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 18-0003 Open Space_Residential\ZOA 18-0003 CC Ord - 3 Parcels.doc MINNI*OYA AYE 1 L I111111I111111 ��rrttl. \al r ifire ir aft aft ti 1 pito r 1116 T7. — ;_ — 5- - —S- 1 111,1011111111 --- �� • • 1[►iAR RO KYEAR Itll IIIIIIIIiILJllIIIIIIIIiIITII NEW YO RK AYE 1111111111111 Ifllllll11 - — l CALIFORNIA AVE 11111111111 11111 111111 11111 HII11I1II�111111 1 11 11,1111.1.1111111.'I� H-- FLORIOAA k FLORIDA AVE J"f 1 l l 1 1 1 1 1 1 1 1 1 1 1 1_ 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1__L_L I I 1 1 1 l I I I I l 1 1Tif 1 1 1 1 1 1 1 1 1 1 1 1 •-FRED WARING'OR City of Palm Desert Case Na. 18-0003 CHANGE OF ZONE EXHIBIT A 4 INOIANA 1 1 1 1 1 1 H /)--r-rn Proposed Zoning Change R-2 To O.51 R.O. CITY COUNCIL ORDINANCE NO. 1341 Date: JULY 12, 2018 ., eg— IY .ICM CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 18-0003 NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: AND A ZONING ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT" AND TO APPLY THE OVERLAY DISTRICT TO THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone and apply it to the recently approved project for the redevelopment of the former Palm Desert Country Club Executive Course was agreed to by the property owner and was considered by the City Council when the Change of Zone application was reviewed. Therefore, the Director of Community Development is recommending that the City Council adopt a Notice of Exemption under the CEQA guidelines. Project Location: City-wide Zoning Ordinance Amendment applied to the former Palm Desert Country Club Executive Course. Code Amendment Description: Section 25.28.130 "Open Space/Residential Overlay" is proposed for the addition to the Palm Desert Municipal Code for the purposes of establishing an overlay zone to address the conversion of golf course uses into another type of use. The proposed overlay will establish criteria for its applicability, procedures for community outreach, and development standards for the preservation of open space, land use compatibility, and community benefits. Planning Commission Recommendation: The City of Palm Desert Planning Commission reviewed Case No. ZOA 18-0003 at their meeting of June 19, 2018, and voted unanimously to adopt Planning Commission Resolution Nos. 2722 and 2273 recommending approval of the Zoning Ordinance Amendment to the City Council, subject to minor grammatical changes to the ordinance. Recommendation: Staff is recommending that the City Council adopt Ordinance No. and Ordinance No. establishing Section 25.28.130 in the Palm Desert Municipal Code and to apply the newly created overlay district to properties former occupied by the Executive Course at the Palm Desert Country Club. Public Hearing: The public hearing will be held before the City Council on July 12, 2018, at 4:00 p.m. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from July 1, 2018, to July 12, 2018. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN July 1,2018 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 [ [ t PLANNING COMMISSION RESOLUTION NO. 2722 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY ZONE" TO ADDRESS GOLF COURSE CONVERSION PROJECTS CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non -golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to add Section 25.28.130 Open Space/Residential Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. PLANNING COMMISSION RESOLUTION NO. 2722 SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califomia, at its regular meeting held on the 19th day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION JOSEPH PRADETTO, CHAIRPERSON 2 PLANNING COMMISSION RESOLUTION NO. 2722 1 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non -recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. These meetings require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course, ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners' association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: 3 PLANNING COMMISSION RESOLUTION NO. 2722 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf -course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. 4 i t PLANNING COMMISSION RESOLUTION NO. 2723 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONE OF THREE PARCELS OF LAND (APNS: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2, TO OPEN SPACE / RESIDENTIAL OVERLAY ZONE AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19th day of June 2018, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that propose a Change of Zone application for the conversion of the golf course facilities from open space to a non -golf related land use; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment changing the zone of three parcels (APNs 637-190-021, 637-190-024, and 637-190-027) from R-2 Mixed Residential District to "Open Space/Residential Overlay Zone" as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective PLANNING COMMISSION RESOLUTION NO. 2723 of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califomia, at its regular meeting held on the 19th day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE '7 ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION JOSEPH PRADETTO, CHAIRPERSON 2 PLANNING COMMISSION RESOLUTION NO. 2723 /ft14- I • riP.1721rit .S.C11111111. ; , v 7171 ''•-•41-'fifirilli-47 CZNT17411 1 117 i I-- Li I 1 1 1 CI .. 7-T-77 L 1 . ,... I .1 . :_.1---•& 1: ;-57-1-17714.-1 "]ri-'11 1 1 I Ltan, Ilk :X ‹. - - ' r_*. , .....> -; 7 1 : 1 [ r I [ 1 . ' i • F L N a :_.-•• . . I aM iNW I L -. - - i - \ -Fi , 47°!cil'A Avi ii [ F17 giP,-, . 1-c: .. ,..\,..,:v. ?:, ., i • --\,,.., 1,1 .m.mt_l -,.. : I i J. ! 1-1.11.1-2-LI : ' I i 1 . 1..1411_J ir [ ill I• LI 1 I 11T11:17-171-1 7— - if lir 7' ':1..[E1117.11UTTIT-2 al -Mil= ' . Hli 1 1 I /71-77 11-- -- — — -- • MUM WIND= x.UflHJ Li. !iliiill • W. Ili 7-111 air'. ‘ City of Palm Desert :iis -Yr- i— :_".r-,a,,--•/_\--_LT}1,!--..-1-1_PII:1---=.7 -',1?-- -i 1 ..._.. .ZRPaiTf_T'' f_a:<; 4,4,:\• ..i-- ;q- -, Case No. 18-0003 CHANGE OF ZONE EXHIBIT A Proposed Zoning Change R-2 To 0.5 R.O. CITY COUNCIL ORDINANCE NO. Date: JUNE 19, 2018 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, JUNE 19, 2018 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chairman Joseph Pradetto called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Lindsay Holt Commissioner John Greenwood Commissioner Nancy DeLuna Vice Chairman Ron Gregory Chairman Joseph Pradetto Staff Present: Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Christina Canaies, Assistant Engineer Monica O'Reilly, Administrative Secretary Justus Swajain, Community Development Intern III. PLEDGE OF ALLEGIANCE Chairman Pradetto led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell summarized pertinent June 14, 2018, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of June 5, 2018. Rec: Approve as presented. Upon a motion by Vice Chairman Gregory, second by Commissioner DeLuna, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a request for approval of Tentative Tract Maps 37240, 37241, and 37242 for condominium purposes to establish 69 condominium units on approximately 30 acres located within Palm Desert Country Club (PDCC). Case Nos. TTM 37240, TTM 37241, & TTM 37242 (Chris McFadden, Palm Desert, California, Applicant). Principal Planner Eric Ceja presented the staff report (staff report is available at www.citvofpalmdesert.orc ). Staff recommended approval and offered to answer any questions. Commissioner John Greenwood inquired if there were any changes to the maps, in terms of what was presented to the City Council and the Planning Commission. Mr. Ceja replied that there were no changes. Commissioner Lindsay Holt asked what was the resolution in regard to the fencing and walls. Mr. Ceja responded that the fencing and walls were discussed at the City Council meeting. It was settled that the areas where fencing and walls would be built five feet off of residents' property lines, there would be an easement for access and use. Therefore, property owners would be able to use the five feet as their property. He noted the easement will not be transferred to the property owner because it would trigger a reassessment of their property value. Commissioner Holt inquired about the three options for the wall types. Mr. Ceja answered that it is up to the property owner to decide from the three options; a solid wall, wrought iron fence, or combination of a solid wall and wrought iron fence. Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. 2 a\PlanningWoniCa OReiIly\Planning Comm ission120181Minutesl6-19-19.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 MR. CHRIS MC FADDEN, McFadden Architects, Applicant, St. Charles Place, Palm Desert, California, stated he did not have anything to add to the record. He offered to answer any questions from the Planning Commission and/or from the public hearing. MS. SHARON LASKIN, California Drive, Palm Desert, California, inquired if there is a timeline for breaking ground and completion of the project, and which parcel will they first start constructing. MS. ANNIE ANDERSON, Colorado Street, Palm Desert, California, asked how tall the project will be, would the view of the mountains be blocked, and where are the air conditioning units going to be located. Chairman Pradetto asked staff or the applicant to address the questions from Ms. Laskin and Ms. Anderson. MR. MC FADDEN responded that they have terraced the lots and views are primarily to the south and are the most protected. He said they terraced the site from the properties to the north and benchmarked everything on the lots about half of the height differential, which is roughly 16 feet. As a result, there is an eight -foot step-down on the pad height from the homes to the north to the pads on the site to the condominiums to the south. Regarding the air conditioning units, the units will be roof mounted and will not be visible from the street. He said the ridge of the building is higher than the element that holds the air conditioning systems, which were reviewed by the Architectural Review Commission, the Planning Commission, and the City Council. Lastly, they plan to break ground in the summer of 2019, beginning with Site B. They have budgeted to complete the whole project in 18 to 24 months. With no further testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood felt the project was consistent with the previous approvals by the Planning Commission and moved for approval. Vice Chairman Ron Gregory concurred with Commissioner Greenwood. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2721, approving Case Nos. TTM 37240, TTM 37241, and TTM 37242, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and to create Section 25.28.130 "Open Space/Residential Overlay Zone" and apply said zoning to three parcels of land as they relate to the Palm Desert Country Club project (APNs 637- 190-021, 637-190-024, and 637-190-027). Case No. ZOA 18-0003 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points from the staff report (staff report is available at www.citvofpalmdesert.oro). He noted there is an error in Exhibit A, under Item D. Procedure; B. Community Options. The word "with" should be added to "The golf 3 G:IPlanningWonica CHeal OPIanning Commission\201B1Minufes\-1918.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 course ownership shall work with . . ." Additionally, under Item E. Development Standards; Item A. The percentage is forty-five percent (45°I0). Therefore, the change should be "At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space ..." He mentioned the proposed overlay zone would be applied on top of the zoning designation for the PDCC project. Lastly, he noted the parcels are zoned R-2 (Mixed -Residential), which does not allow short-term rentals. Vice Chairman Gregory referred to the percentage of open space and asked how the percentage is comparable to the PDCC project. Mr. Ceja replied that the PDCC project is at 49 percent. Commissioner Holt clarified that the proposed overlay zone would be established when there is a rezone from an Open Space zone to an R-2 zone to accommodate residential development. She asked if that is the sole purpose of the overlay. Mr. Ceja replied that is correct. The overlay zone would be applied to the PDCC project. In the future, if there are other golf course conversion applications, the City will apply the overlay zone standards to the project. Commissioner Holt asked if the proposed overlay zone would work with a mixed -use or commercial development. Mr. Ceja responded that staff attempted not to tailor the overlay zone in which the City could only have one type of project on the golf course conversion. He said an applicant must demonstrate support for a reduction of the open space percentage of the impacted community. Chairman Pradetto asked what the threshold is to demonstrate the support from the community. Mr. Ceja answered he was unsure. However, through the community hearing process and community meetings, people would communicate if they are in favor or opposed to the reduction of the 45 percent open space standard. Commissioner Holt inquired if there were any recommendations made in regard to recreational amenities. She asked if it is correct that the amenities in the PDCC project are not open to the public. Mr. Ceja responded that the project will have community pools that will not be open to the general public. The project will have a trail system, exercise equipment, and gazebos that will be available to the public. He stated the City will look for input from the community that would be impacted by the development proposal. Mr. Stendell interjected that the Community Development Department's Management Analyst is the staff liaison for the Parks and Recreation Commission. If there were a recreational amenity that is controversial, City staff could refer the project to the Parks Commission. 4 G-1Planning1Manica OReilly1PIarming Commission12018\Minutes\6-19-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 Chairman Pradetto declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chairman Pradetto declared the public hearing closed. Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution Nos. 2722 and 2723, recommending to the City Council approval of Case No. ZOA 18-0003, with the two modifications to Resolution No. 2722 (Items D and E of Exhibit A) as noted by staff. Motion was seconded by Commissioner Holt and carried by a 5- 0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). IX. MISCELLANEOUS A. REQUEST to receive and file information related to the City's Capital Improvement Program (CIP) for projects to be undertaken for the 2018/2019 fiscal year. Mr. Ceja provided a brief report regarding the CIPs for the 2018/2019 fiscal year. Commissioner DeLuna pointed out that the City is relying on the gas tax as a source of funds. If the gas tax is repealed, she asked how much of an impact would it be to the City. Mr. Stendell responded that the Finance Department and Public Works Department staff will solve the problem if the gas tax is repealed. He noted the City has not spent any money from the gas tax fund. Commissioner Greenwood asked where the San Pablo Avenue improvements are located in the report. Commissioner Holt replied that the San Pablo Avenue improvements are on sheet five. She asked staff what is the schedule for the improvements. Mr. Ceja responded that the City hired an engineering consultant and they are currently working on the construction documents. The documents should be completed in September or October of this year, with construction to begin in early 2019. Commissioner Holt asked for an update on the Portola Avenue Interchange. Mr. Ceja replied that the dates keep changing but work on the interchange could begin in 2020. Commissioner Greenwood referred to the San Pablo Avenue improvements. He inquired if staff is open to presenting the completed documents to the Planning Commission. Mr. Ceja replied yes. Commissioner Greenwood asked for the name of the event that the City hosted on San Pablo Avenue. He inquired if there are plans to have another event. 5 G:1PlanninglMonica OReiliylPlanning Commission V20181MinuIes16-19-18.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JUNE 19, 2018 Mr. Ceja replied that the name of the event was "Vision San Pablo." He said staff discussed having some type of "kick-off" or "release" party so the community could re- engage with the project once the project is ready to breakground. Chairman Pradetto moved, by Minute Motion, to receive and file the report. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XI. COMMENTS Mr. Stendell introduced summer intern Justus Swajian. Mr. Swajain recently graduated from the University of California with a degree in Public Policy. The Planning Commission congratulated Mr. Ceja for an award he would be receiving from the Palm Desert Area Chamber of Commerce. XII. ADJOURNMENT With the Planning Commission concurrence, Chairman Pradetto adjourned the meeting at 6:32 p.m. 1" - „41401,. JOSEPH PRADETTO, CHAIRMAN ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECORDING SECRETARY 6 G:1Planning\Monica o Rei IIyAP lanni n g Cam mi ssion120181M inuteslfr 1 & 18. docx NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 Clerk of the Board of Supervisors or County Clerk County of: Riverside 1. Project Title: 2. Project Applicant: 3. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 4. (a) Project Location — City: Palm Desert 5. Description of nature, purpose, and beneficiaries of Project: 6. Name of Public Agency approving project: 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (b) (c) ❑ Not a project. El Emergency Project. (d) ® Categorical Exemption. State type and section number: (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 2724 Gateway Dr. Riverside, CA 92507 Zoning Ordinance Amendment to establish an "Open Space / Residential Overlay District" and apply said overlay district to three parcels that are part of the Palm Desert Country Club golf course conversion project. City of Palm Desert Citywide Zoning Ordinance Amendment applied to: APNs: 637-190-021, 637-190-024, 637-190-027 (b) Project Location — County: Riverside The City of Palm Desert wishes to establish an overlay district to establish standards for golf course conversion projects. The standards of the ordinance require a significant amount of public outreach and participation, preservation of 45% open space, the addition of community amenities in the project, and a density limitation that is compatible with the existing community. City of Palm Desert City of Palm Desert (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) CEQA Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) State Code section number: Notice of Exemption FORM "B" (g) ❑ Other. Explanation: 9. Reason why project was exempt: 10. Lead Agency Contact Person: Telephone: Project is consistent with the City's general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. Eric Ceja, Principal Planner (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before tiling. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No ❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes ® No ❑ If yes, the date of the public hearing was: July 12, 2018 Signature: Date: Title: ® Signed by Lead Agency ['Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM `B"