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HomeMy WebLinkAboutORD 1375' ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.60.60 (PUBLIC HEARING AND PUBLIC NOTICE), ADDING SECTION 25.60.160 "COMMUNITY ENGAGEMENT," AND CHAPTER 5, SECTION 5.11 "DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY" 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 2155 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 adopted Resolution No. 2803, recommending that the City Council adopt the Zoning Ordinance Amendment (ZOA) for said projects regulating the public engagement process; and WHEREAS, the 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), and adding Section 5.11 (Disclosures Upon Transfer of Residential Property) requirement for any single-family residential property to include disclosures of long-range planning efforts and potential future development identified in the City's General Plan, Zoning, and Housing Element; and WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of January 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA. The staff report was presented, and the public hearing was opened for public comments. After discourse of the item, City Council continued the item to January 27, 2022; and WHEREAS, the City Council of the City of Palm Desert, did on the 27th day of January 2022, a continued public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the public engagement process is consistent with the City's 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 exist to approve said request: 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. ' A. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and ORDINANCE NO. 1375 B. The Planning and Zoning Law authorizes cities to establish by ordinance the , regulations for land use and development. SECTION 2. Amendment. 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), adding Section 25.60.160 "Community Engagement," and adding 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 City Council 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. 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 10th day of February 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE JAN C. HARNIK, MAYOR ATTEST: NIAMH M. ORTEGA, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1375 EXHIBIT A Zoning Ordinance Amendments 1. Amend Section 25.60.060 (Public Hearing and Public Notice) Title 25 (Zoning) as follows (red indicates changes/additions): B. 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 at 'east one eighth "'Q` page in one newspaper of ' general circulation within the City. a. Public notification for projects 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 and address concerns of the public prior to an action of the approving body. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50). Requirements related to Community Engagement for new projects are as follow: ' a) Developers to 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. 3 ORDINANCE NO. 1375 c) The Community Engagement Plan must contain the following: ' 1. Developer's method (s) of communication with the public. Proposed location (s) of public outreach shall be provided; 2. Submit written publications distributed to the public that includes 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 to staff on how each public concern will be addressed; d) The developer to 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) as observers and summarize concerns and developer's responses in the final staff report (s). f) The entitlements will include a condition of approval on residential and/or owner - occupied projects, the developer will disclose, as part of any closing documents, the City's General Plan and Housing Elements adjacent to the project. 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 single-family residential property 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 https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at (760) 346-0611, ext. 483." 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. "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. Ell ORDINANCE NO. 1375 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. I 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 I SELLER. :7 ORDINANCE NO. 1375 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, ext. 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 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." A