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HomeMy WebLinkAboutRes No 2803 PLANNING COMMISSION RESOLUTION NO. 2803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE SECTION 25.60.60 (PUBLIC HEARING AND PUBLIC NOTICE), ADD SECTION 25.60.160 "COMMUNITY ENGAGEMENT," AND ADD SECTION 5.11 "DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY" FOR SAID PROJECTS REGULATING THE PUBLIC ENGAGEMENT PROCESS, AND APPLY SAID REGULATIONS CASE NO: ZOA 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of December 2021, 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 Zoning Ordinance Amendment (ZOA) expands public notification for projects five (5) acres or more to 1,000 feet radius by modifying Palm Desert Municipal Code (PDMC) Section 25.60.60 (Public Hearing and Public Notice) and implements a Community Engagement Plan requirement for developers by adding Section 25.60.160 (Community Engagement) for projects five (5) acres or more, and adding Section 5.11 (Disclosures Upon Transfer of Residential Property) requirement for any single-family residential developers of five (5) acres or more to include disclosures of long-term planning efforts and potential future development identified in the City's General Plan, Zoning, and 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: 1. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California. 2. The City desires to amend its local regulatory scheme to implement an ordinance with specific requirement to increase public notification to 1,000 feet radius for projects five (5) acres or more and Community Engagement requirements for those projects. 3. The ZOA is consistent with the General Plan, which promotes goals and policies to ensure new projects are compatible with the surrounding developments as well as encourages public participation in this process. Pursuant to Land Use and Community Character Policy 1.1 (Scale of development), it promotes the City's corridors to use design techniques to a moderate height and use and ensure compatible fit with surrounding development. This ZOA allows public participation early in the inception of the project. Therefore, the civic engagement will support the City's goal in meeting the intent of the General Plan. PLANNING COMMISSION RESOLUTION NO. 2803 4. The Planning Commission of the City of Palm Desert finds that the adoption of this ordinance has been analyzed for compliance with the California Environmental Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) it has been determined that the amendments do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The amendments prohibit types of allows for public engagement, which is consistent with the General Plan goals of ensuring the quality of life for the community. Because the amendments are not a project under CEQA, they are not subject to further environmental review. 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 PDMC amendment to Section 25.60.60 (Public Hearing and Public Notice), add Section 25.60.160 "Community Engagement," and add Section 5.11 (Disclosures Upon Transfer of Residential Property), 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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 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 21-0002. 2 PLANNING COMMISSION RESOLUTION NO. 2803 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 2111 day of December 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE JC&N RE OOD, ATTEST: MARTIN ALVAREZ, SECRETARY PALM DESERT PLANNING COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2803 EXHIBIT A ZONING ORDINANCE AMENDMENTS 1. Amend Section 25.60.060 (Public Hearing and Public Notice) Title 25 (Zoning) as follows: A. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of of least ono-eighth (1 fit) page in one newspaper of general circulation within the City. a. Public notification for projects five (5) acres or more projects shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160. 2. Add Section 25.60.160(Community Engagement) to Title 25(Zoning)as follows: 25.60.160 Community Engagement Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan's intended purpose of requiring developers to present and engage in a public outreach meeting early in the entitlement process of new projects of five (5) acres or more and address concerns of the public prior to an approval. Scope of regulations. This chapter shall be applied to establish policies related to Community Engagement. Requirements related to Community Engagement for new projects are as follow: a) Developers shall prepare and submit a Community Engagement Plan to the Planning/Land Development Division at the time of entitlement application. b) Meet the public notification requirements of Section 25.60.060. 4 PLANNING COMMISSION RESOLUTION NO. 2803 c) The Community Engagement Plan must contain the following: 1. Developer shall provide method(s) of communication with the public, including proposed location(s) where public outreach will take place. 2. Submit any written publications distributed to the public including any informational items of the project. 3. A minimum of one (1) meeting with the public is required, follow-up meetings may be required as requested by the Director of Development Services. 4. Developer shall provide written responses addressing each public concern to be submitted to staff and documented for the public record. 5. The Director of Development Services may require the developer to provide additional plans or studies including, but not limited to, line of sights, photometric plans, massing studies, three-dimensional plans, and any other studies that may be deemed relevant for the project's engagement with the public. d) The developer shall coordinate with staff for the notification of community meetings with property owners within 1,000 feet of the proposed project. e) Staff is to be present at the meeting(s) to observe and summarize concerns and developer's responses in the final staff report(s). f) The entitlements will include a condition of approval on any new single-family residential developments of five (5) acres or more, the developer will disclose, as part of any closing documents, the City's General Plan Land Use, Circulation, and Housing Elements adjacent to their project. Refer to PDMC Section 5.11.010"Disclosures Upon Transfer of Residential Property"for requirements. 3. Add Section 5.11 "Disclosures Upon Transfer of Residential Property" to Title 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) subsequently as follows: 5.11.010 Statement Required. A. Pursuant to Civil Code section 1102.6a, in addition to those disclosures required by Civil Code section 1102.6, the seller of any new single-family residential developments of five (5) acres or more located within the City shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement: "Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, Extension 483." 5 PLANNING COMMISSION RESOLUTION NO. 2803 B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code section 1102.6 or as soon as practicable thereafter. C. For purposes of this section, 1. "City" means the City of Palm Desert, California. 2. "Single-family residential property" means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobile home or manufactured home when offered for sale or sold through a real estate broker pursuant to Business and Professions Code section 10131.6. 3. "Seller" means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. "Seller" includes both a vendor and lessor of real property. 4. "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a purchaser, vendee, or lessee of real property. 5.11.020 Form of Statement. The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code section 1102.6a: LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. OF THE PALM DESERT CITY CODE AS OF , 20 . IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. 6 PLANNING COMMISSION RESOLUTION NO. 2803 1 SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER. 1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, Extension 483. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date I I BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer Date Buyer Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. 7