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Home My WebLink AboutORD 1435ORDINANCE NO. 1435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE GENERAL PLAN TO REMOVE MINIMUM DENSITY REQUIREMENTS AND CLARIFIES ALLOWED LAND USE TYPES AND MAKING A FINDING OF EXEMPTION UNDER CEQA CASE NOS. GPA25-0001 WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations; WHEREAS, the General Plan Amendment (“Project”) is initiated by the City of Palm Desert Development Services Department and modifies the City Center/Downtown Section of the General Plan to remove minimum density requirements and clarifies allowed land use types; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and WHEREAS, the proposed Project would not create any nonconforming uses or structures and makes the Municipal Code and General Plan consistent with existing structures and uses; and WHEREAS, under 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 Project; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July 2025, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request and adopted Planning Commission Resolution 2885 recommending the City Council approve said Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of August 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and Docusign Envelope ID: 53CA9ADB-5060-4ED2-850C-0F1D66A0CC6D Ordinance No. 1435 Page 2 WHEREAS, at the 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, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. General Plan Amendment. As required by Palm Desert Municipal Code “PDMC” Section 25.78.070, the City Council makes the following findings to approve a General Plan Amendment: There is a substantial public benefit to be derived from such amendment and the proposed amendment furthers the goals of the General Plan. The provided General Plan Amendment clarifies that single family residential units are allowed within the City Center/Downtown designation, which is consistent with the Palm Desert Municipal Code and with existing single family residential units constructed and used within the area. The removal of a minimum density allows additional opportunities for development of sites within the area to increase the amount of housing units. The General Plan Amendment does not introduce significant change but instead clarifies original intention and existing uses for the City Center/Downtown. SECTION 3. CEQA Determination. The City Council finds that the Project is this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 4. General Plan Amendment. The City Council approves the General Plan Amendment presented, as depicted in Exhibit “A.” SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 6. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of 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 effective thirty (30) days after its adoption. Docusign Envelope ID: 53CA9ADB-5060-4ED2-850C-0F1D66A0CC6D Ordinance No. 1435 Page 3 ADOPTED ON SEPTEMBER 11, 2025. _________________________ JAN C. HARNIK MAYOR ATTEST: ___________________________ ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1435 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on August 28, 2025, and adopt ed at a regular meeting of the City Council held on September 11 , 2025, by the following vote: AYES: NOES: NESTANDE, PRADETTO, AND QUINTANILLA NONE ABSENT: NONE ABSTAIN: NONE RECUSED: TRUBEE AND HARNIK IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________ . _______________________ ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: 53CA9ADB-5060-4ED2-850C-0F1D66A0CC6D 9/16/2025 CHAPTER 3: GENERAL PLAN To provide moderate to high-intensity mixed-use development anchored by civic, cultural, entertainment, hotel, retail and dining activity that features a variety of building sizes and housing choices. Development Intensities DU/AC: 12.0 Up to 40 Commercial FAR: Up to 2.5 Allowed Land Uses A variety of civic, cultural, entertainment, retail, restaurant, and commercial services activity along with multi-family dwellings organized along walkable streetscapes. Single family residential may be located in areas of downtown abutting existing neighborhoods near Alessandro Drive, Shadow Mountain Drive and Tumbleweed Lane. Ground floor uses include retail, restaurant, service, and office uses, while upper floors may accommodate residential and/or office uses. Residential uses are generally prohibited on building ground floors fronting El Paseo and Highway 111. Intended Physical Character Streetscapes are urban with formal street tree arrangements, on-street parking and are highly interconnected. Parks and Open Space Open space is primarily provided through the generous streetscapes and variety of plaza open spaces at key gathering areas. Within larger mixed-use or multi-family buildings, open space is provided in the form of courtyards which are shaded by the buildings. Built Form and Character Buildings are near or at the sidewalk to shape the commercial streetscapes, support outdoor dining and for easy view of storefronts. Smaller buildings face streets and public gathering spaces. Buildings are typically mixed-use up to 3 stories with taller buildings up to 5 stories focused at key intersections and/or public open space. A variety of housing choices, including lodging, up to 5 stories, are also allowed. Exhibit A Docusign Envelope ID: 53CA9ADB-5060-4ED2-850C-0F1D66A0CC6D