HomeMy WebLinkAboutOrdinance 1286 - Change of Zone 15-15 - Portola PD LLCORDINANCE NO. 1286
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION
FOR THE RETREAT AT DESERT WILLOW FOR A HIGHER DENSITY FROM
FIVE DWELLING UNITS PER ACRE TO EIGHT DWELLING UNITS PER
ACRE TO ACCOMMODATE 112 CONDOMINIUM UNITS AND COMMON
AREA AMENITIES ON 15.52 ACRES LOCATED AT 38-400 PORTOLA
AVENUE
CASE NO: CZ 15-15
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21" day of April, 2015, hold a duly noticed public hearing to consider the request by
Portola PD, LLC for approval of the above noted and adopted Planning Commission
Resolution 2648 recommending approval to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271n
day of August, 2015, hold a duly noticed public hearing, which was continued from June 11,
2015 and July 9, 2015 to consider the request by Portola PD, LLC for approval of the 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. 2014-41, the Director of Community Development has determined that the
project will not have a negative impact on the environment and that a 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 15.52 acres is suitable for the change of zone and development proposed.
Environmental and traffic studies were prepared for the project area. No
environmental or traffic concerns were identified that would indicate that
development in this area would be unsuitable. In addition, existing commercial
and residential developments have successfully constructed similar types of
development in the immediate vicinity. No obstacles to development of
surrounding subdivisions were experienced and, due to the proximity and
similarity of the proposed development, it's reasonable to conclude that the site is
physically suitable for it. The property is suitable for the proposed development
as conditioned and mitigated as described in the draft Initial Study and
Environmental Assessment.
2. The change of zone meets the intent of the Planned Residential zone by
providing a mixture of residential densities in the surrounding area. The building
density would not adversely impact any adjacent properties. The proposed
buildings only occupy 23 percent of the property, while 44 percent will be
landscaping.
ORDINANCE NO. 1286
3. As proposed, the site layout and density are consistent with surrounding
development. The property allows for 5 du/acre, and the project has a density of
8 du/acre. Directly west of the property is an approved project for 159 single-
family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and
south are portions of the golf course for Desert Willow. North of Frank Sinatra
Drive is multiple housing developments zoned P.R.-5 du/acre. These
developments are multiple tract maps consisting of 16 single-family residential
lots ranging from 8,000 to 11,000 square feet. These developments are geared
to attract the first time home buyers and families. The density of 8 du/acre is
necessary to carry out the vision of an upscale resort project.
4. The design and layout of the 112 condominium units are in compliance with all
grading requirements and the properties will be developed in accordance with the
Uniform California Building Code. Grade changes in the community are
accommodated by the street layout and open space provided throughout the
subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow
Golf Resort), which decreases the need for vehicular traffic between adjoining
properties.
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 15-15 as proposed.
3. That Change of Zone 15-15, Exhibit "A" attached hereto, by Ordinance No. 1286 is
hereby approved.
4. That 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 effect thirty (30) days after its adoption.
G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord..doc
ORDINANCE NO. 1286
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 August, 2015, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord..doc
ORDINANCE NO. 1286
Exhibit "A"
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City of Palm Desert
Case No. CZ15-15 CITY COUNCIL
ORDINANCE NO.
CHANGE OF ZONE
EXHIBIT A Date: June 11, 2015
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G:\Planning\Kevin Swartz\Word\Precise Plans\Retreat at Desert Willow PP 15-15 TT 36874\CC - Change of Zone Ord..doc