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HomeMy WebLinkAboutORD 1377ORDINANCE NO. 1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CHANGE OF ZONE 21-0001 TO ESTABLISH A HIGHER RESIDENTIAL DENSITY FROM FIVE (5) DWELLING UNITS PER ACRE TO EIGHT (8) DWELLING UNITS PER ACRE TO CONSTRUCT 32 SINGLE-STORY CONDOMINIUM UNITS, CLUBHOUSE, AND POOL/SPA ON 3.91 ACRES AND CONSIDERING THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA ) AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND SHEPHERD LANE. CASE NO: CZ 21-0001 WHEREAS , the Planning Commission of the City of Palm Desert , California , did on the 1st day of February 2022 , hold a duly noticed public hearing to consider the request by the Desert Luxury Apartments, LLC for approval of the above-noted , and adopted Resolution No . 2807 , recommending approval to the City Council ; and WHEREAS, the City Council of the City of Palm Desert , did on the 24 th day of February 2022 , hold a duly noticed publ ic hearing to consider the request by Desert Luxury Apartments , LLC for approval of the above noted Change of Zone 21-0001 application ; and WHEREAS, pursuant to section 21067 of the Public Resources Code , Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs ., tit. 14 , § 15000 et seq .), and the City of Palm Desert 's ("City 's") Local CEQA Guidelines , the City is the lead agency for the proposed Project ; and WHEREAS, City staff reviewed the Project and prepared an Initial Study pursuant to State CEQA Guidelines section 15063 to determine if the Project could have a significant effect on the environment ; and WHEREAS, based on the Initial Study, which concluded that the Project would have potentially significant impacts , but that those impacts could be reduced to less than significant levels with the implementation of the proposed mitigation measures , the City determined that a subsequent Mitigated Negative Declaration ("MND ") should be prepared for the Project , and an MND was prepared pursuant to Public Resources Code sections 21064 .5 and 21080 , subdivision (c), and the State CEQA Guidelines section 15070 et seq ; 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: 1. The site consisting of 3 .91 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 residential developments have successfully constructed similar types of development in the immediate vicinity . No ORDINANCE NO . 1377 obstacles to development of surrounding subdivisions were experienced and , due to the proximity and similarity of the proposed development , it is 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 In it ial Study and Env i ronmental Assessment. 2 . The change of zone meets the intent of the Planned Residential (PR) zone by prov id i ng a mixture of residential densities in the surrounding area . The PR zone , which is the City 's most flexible zon i ng standard for residential development. Essentially , the PR zone allows the developer to propose development standards based on their desired products and compatibility of the surrounding uses , requiring a consultation with City Planning staff and approval of the Commissions . The request for the CZ to a higher density meets the intent of the PR zone by providing a mixture of residential densities in the surrounding area . The building density as designed would not adversely impact any adjacent properties , as shown from the neighboring residents in support of the project. 3 . The site layout and density are cons istent with surrounding development. The current zone allows for five (5) dwelling units per acre (du/acre), and the proposed 32 units provide a density of eight (8) du/acre . The applicant is requesting a change of zone to eight (8) du/acre , which will support the proposed development. Direct ly west of the property is approximately 100 acres that are zoned for 22 du/acre . To the north , south , and east are multiple housing developments zoned for five (5) du/acre . Those developments are multiple tract maps consisting of 16 single-family residential lots ranging from 8,000 to 11 ,000 square feet. Those developments are designed to attract first-time homebuyers and families . The proposed development provides a housing type that can also attract first-time homebuyer or a retired population who choose to live w ithin an HOA where amenities and property maintenance are included . 4 . The design and layout of the 32 units comply with all grading requirements and the project will be developed in accordance with the Un iform California Building Code . Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision . 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 2 ORDINANCE N0.1377 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 Change of Zone 21 -0001 from five (5) du/acre to eight (8) du/acre , as shown in Exhibit A , which is attached hereto and incorporated herewith. SECTION 3. Compliance with the CEQA. The City Council has reviewed and considered the information contained in the MND , Initial Study , and administrative record on file with the City and is available for review at 73510 Fred Waring Drive , Palm Desert , California . The City Council finds that the MND and Initial Study have been completed in compliance with the CEQA (Pub . Res . Code§ 21000 et seq : "CEQA") and the State CEQA Guidelines . SECTION 4. Findings on Environmental Impacts. In the City 's role as the lead agency under CEQA, the City Council find that the MND and Initial Study dated January 2022 contained a complete and accurate reporting of the environmental impacts associated with the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and City of Palm Desert local CEQA guidelines . All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND , Initial Study , and the Mitigation Monitoring and Reporting Program . No substantial evidence in the record supporting a fair argument that the Project may result in significant environmental impacts and that any comments received to date regarding the Project have been examined and determined not to modify the conclusions of the MND or the City Council. Furthermore , the MND has not been substantially revised after the public notice of its availability , and recirculation is not required . (State CEQA Guidelines , § 15073 .5.) The City Council further finds that the MND contains a complete , objective , and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment of the City Council. SECTION 5. Adoption of the Mitigated Negative Declaration. The City Council approves and adopts the subsequent MND prepared for the Project. SECTION 6. Adoption of the Mitigation Monitoring and Reporting Program. The City Council approves and adopts the Mitigation Monitoring and Reporting Program prepared for the Project , which are included in the MND . SECTION 7. 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 3 ORDINANCE NO. 1377 fact that one (1) or more subsections , subdivisions , paragraphs , sentences , clauses , or phrases be declared unconstitutional , invalid , or ineffective . SECTION 8. 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 March 2022 , by the following vote , to wit: AYES :JONATHAN, KELLY, NESTANDE, QUINTANILLA, AND HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: NIAMH M. ORTEGA, UTY CITY CLERK CITY OF PALM DESE , CALIFORNIA 4 ORDINANCE NO. 1377 Exhibit "A" GERALD FORD DR ~.-20 City of Palm Desert z r .J Q , \~~ I~ :-r~ , , ~/ I i P.R. Wl~D rLOi ER CT I Proposed Zon i ng Change PR-5 To PR-8 Case No. CZ 21-0001 c1TYcouNc1L CHANGE OF ZONE ORDINANCE NO. ___ _ EXHIBIT A Date: ___ 2_-_24_-2_2 __ _ 5