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HomeMy WebLinkAboutB. Case No. GPA / CZ 10-18 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL OF A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE. SUBMITTED BY: Tony Bagato, Principal Planner APPLICANT: City of Palm Desert CASE NOS: GPA/ CZ 10-18 DATE: February 16, 2010 CONTENTS: Planning Commission Resolution No. Exhibit A, GPA (C-OP to R-L) Exhibit B, CZ (O.P. to R.E. 40,000) Legal Notice Vicinity Map Recommendation That the Planning Commission recommend to City Council approval of GPA / CZ 10-18 designating and zoning two office professional properties to residential. Executive Summary Approval of staff's recommendation will recommend to City Council approval of a General Plan Amendment and Change of Zone to re-designate and rezone two single- family homes from office professional to residential. These properties were originally residential, but were designated and zoned office professional as part of the implementation of Project Area 4 Specific Plan in 1997. Staff does not believe that these parcels will be needed for office professional uses and recommends that they be designated and rezoned residential again. Staff Report GPA/ CZ 10-18 February 16, 2010 Page 2 of 3 Background A. Property Description: The two parcels are located west of Washington Street, one on Hidden River Road and the other on Delaware Place. Both properties were developed with single- family homes before the City of Palm Desert incorporated that area in 1994. In 1997, the two properties were rezoned from R-3 2,000 to Office Professional as part of the implementation of the Project Area 4 Specific Plan. The purpose of the rezone was to provide a buffer land use between the residential properties and Washington Street. At that time, staff believed that two lots west of Washington Street were necessary for office development by providing for the building on the first lot and parking behind the building on the second lot. However, on March 6, 2002, a Precise Plan of design for a 14,000 square foot office building was approved on one parcel on Washington Street. The office complex was designed as a two-story building with adequate parking and did not encroach in the residential lot to the west. The property owner for the home at 77-925 Hidden River Road discussed the possibility of rezoning his property back to residential so that he can refinance his home. Currently, the property is legal non-conforming under the office professional land use designation and the owner cannot get the property refinanced unless the property is zoned residential. On August 19, 2003, the City Council approved the same request for a nearby homeowner located at 77-935 Delaware Place. B. General Plan Designation and Zoning: Office Professional (C-OP) and Office Professional (O.P.) C. Adjacent Zoning and Land Use: North: Office Professional / St. John's Lutheran Church South: R-E 40,000/ Single-family home East: Office Professional /Tot Stop daycare facility West: R-E 40,000/ Vacant and single-family home Project Description Staff is requesting that Planning Commission recommend approval of a General Plan Amendment from Office Professional (C-OP) to Low Density Residential (R-L) 0-4 units per acre and a Change of Zone from Office Professional (O.P.) to Residential Estates (R.E.) 40,000 for two parcels located at 77-925 Hidden River Road and 77-930 Delaware Place. Each property is developed with a single-family home. G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\Staff Report_Planning Commission.doc Staff Report GPA / CZ 10-18 February 16, 2010 Page 3 of 3 Analysis /Conclusion The Project Area 4 Specific Plan identified public improvements and service priorities, land use and zoning policies for the area. Along Washington Street, the Specific Plan identified a policy that should encourage office professional uses that are compatible with a high traffic street and low-density housing neighborhood. Staff now believes that one parcel depth is adequate for office development and believes that these two homes should be designated and rezoned back to residential. The General Plan Amendment and Change of Zone will allow the homeowner at 77-925 Hidden River Road to refinance his home. Environmental Review The application is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. Submitted by: Department Head: Tony Bagato Lauri Aylaian Principal Planner Director of Community Development G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\Staff Report_Planning Commission.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL A GENERAL PLAN AMENDMENT FROM OFFICE PROFESSIONAL (C-OP) TO LOW DENSITY RESIDENTIAL (R-L) 0-4 UNITS PER ACRE AND A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO RESIDENTIAL ESTATES (R.E.) 40,000 SQUARE FOOT MINIMUM LOT SIZE FOR TWO PARCELS LOCATED AT 77-925 HIDDEN RIVER ROAD AND 77-930 DELAWARE PLACE. CASE NOS. GPA/CZ 10-18: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February 2010, hold a duly noticed public hearing to consider the request to amend the Palm Desert General Plan, Exhibit "A", and change a zone to the Palm Desert Zoning Map, Exhibit "B", attached hereto; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, the Director of Community Development has determined that the project is a Class 5 Categorical Exemption and no further review is necessary, 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 Planning Commission did find the following facts and reasons to exist to justify approval of the said request: 1. The property was originally designated and zoned for residential uses before the implementation of the Project Area 4 Specific Plan. The properties were designated for office use in anticipation of future development along Washington Street. The development of office use has not occurred and staff no longer believes that these properties are needed for office development. The proposed land use and zoning designation resulting from the General Plan Amendment and Change of Zone will be compatible with the adjacent R.E.40,000 neighborhood west of Washington Street. 2. The proposed General Plan Amendment and Change of Zone will not negatively affect the implementation of Project Area 4 Specific Plan, the Palm Desert General Plan, and the Zoning Ordinance. 3. The proposed General Plan Amendment and Change of Zone will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 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 of the Planning Commission in this case. 1. That the Planning Commission does hereby recommend to the City Council approval of General Plan Amendment (Exhibit A) / Change of Zone 10-18 (Exhibit B). PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of February 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\PC Resolution.doc PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" GENERAL PLAN AMENDMENT EXHIBIT -,J. 1 1 ! i' / AV OF THE ATES _ _._... I T i__. . .-(2) , P.l./.-l2l i hR-I saga P. .-C1........ ,.�/ ,'' ___..(--J'..i✓ - .......... DUDLEYDR MISSOURI DR _..% •/ r ........... 1 1 � � ! � . y IA • 1 E. Q y .. 'c .../ , ( EDINBOROUGH ST ..... . (I) \ 4 i ...i........ i )__.._J _ ........ \J...........__ __.HIDDE - ;� II NI 2 11 R-E 400,00-- .:6\•,'1 p . CC DELAWARE PL I • ti 1 toL R-E •40000 3 1 f A.P. Proposed GPA/ ._-___-._ _ ' Zoning Change L. MOUNTAIN VIEW \�,�y � I \\yi, R-E 40600 O.P. O.P. ca z TO • I x R.L. D4t]llifl i i Q p4Y`"a' Case No. GPA 10-18 PLANNING COMMISSION Si 11;j"' GPA/CHANGE OF ZONE RESOLUTION NO. o,w\ I ti ) �'&" A' •4 XFII It IT £ Date: G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\PC Resolution.doc PLANNING COMMISSION RESOLUTION NO. EXHIBIT "B" CHANGE OF ZONE AMENDMENT EXHIBIT ..J J . i` _.., 4 VENUE OF THE SPATES pL ,N,P CALIFOR P . � P.Cr- s r%R- ► 9000 W P.C.-(2) ' ......_..__.. ._ I ............ DUDLE.Y-DR ._ MISSOURI DR � r . .. ............ ..\ H A 1 1 tii j 01-.i U} h i o �L 2 _ y 1 Q j •P. : .V ..._..__.......4 EDINBOROUGH ST i \ 3 J z R-E 40000__.. .;, tx �� P • DELAWARE PL 7_ 1... i I 1 : z O I 0 12E 0000R Z .P. ; Proposed GPA/ • } Zoning Change MOUNTAIN VIEW , . , Ic—o. H .. . 1 "1," 1 • • „ z 1 R-E, 1 40000 0.l©. ` 2 OFFICE PROFESSIONAL 2 To 1 • l D4f1flfl/1 1 i OC R.E.40000 G p4Y Dp„_ Case No. CZ 10-18 PLANNING COMMISSION `j ,_e "A GPAICHANGE OF ZONE RESOLUTION NO. i Mill 24 ) �cii i- EX-II I IT I Date: G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\GPA\GPA_CZ 10-18\PC Resolution.doc CITY OF Pnllr OESERJ • :I 73-510 FRED WARM, t)RI\,1-. ' • PALM DESERT,CALILORNIA 92260-2578 ♦, ai TEL:760 346-061 1 4 1AX:760 341-7098 aa» CITY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA/CZ 10-18 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the City of Palm Desert for a General Plan Amendment from Office Professional (C-OP) to Low Density Residential (R-L) 0-4 units per acre and a Change of Zone from Office Professional (O.P.) to Residential Estates (R.E.) 40,000 for two parcels located at 77-925 Hidden River Road and 77-930 Delaware Place. AV6iOe OF IMF STATES eA✓eO10,A P.C.-(2) P.C.-(2) R-19000 P.C.-(2) O.P. p � n O.P. Le11 sr _ N H60E R-E 40000 W413. .� R-E 40000 O.P. ',. Proposed GPAI Zoning Change e0w1.1w VOW \ R-E 40000 O.P. ° O.P. °z To R.L. D 4 AAAf1 "" - Case No. GPA 10-18 PLANNING COMMISSION tm OPAICHANGE OF ZONE RESOLUTION NO.• EXHIBIT A Date: SAID public hearing will be held on Tuesday, February 16, 2010 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary February 7,2010 Palm Desert Planning Commission