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HomeMy WebLinkAboutOrd 1340 - ZOA 18-0003 - CPDORDINANCE NO. 1340: s '�s m :F. f 0 g- a3 • fig AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Pint- -DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL CODE SECTION 25.28.130 OPEN SPACE/RESIDENTIAL OVERLAY DISTRICT CASE NO: ZOA 18-0003 WHEREAS, at the City Council meeting of May 10, 2018, the City Council directed staff to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline public outreach requirements, and preservation of forty-five (45) percent of open space, for golf course conversion projects, and have the ordinance applied to the former Palm Desert Country Club Executive Course; and WHEREAS, the ordinance establishes procedures for all proposed golf course conversion projects and includes provisions for community outreach, development standards for the addition of community benefits, the preservation of open space, density limitations, and the application review process; and WHEREAS, the procedures established by the ordinance are in line with the development standards of the Palm Desert Municipal Code, and the community outreach provisions are in line with the practices and policies of the City of Palm Desert; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 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 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, 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. 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, Califomia, 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_ResidentiaPZOA 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. The series of meetings shall include, but is not limited to, exploring options for preservation of the golf course. 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: 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. ORDINANCE NO. 1340 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.