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Home My WebLink About332244 I I I Y OF P 0 1 M 01 1 P I 7 3-5 1 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6ii info(Tf cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION June 20, 2018 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Zoning Ordinance Amendment Related to an Open Space/Residential Overlay Zone The Planning Commission of the City of Palm Desert considered the request and took the following action at its regular meeting of June 19, 2018: The Planning Commission approved a recommendation to the City Council to approve Case No. ZOA 18-0003 by the adoption of Planning Commission Resolution Nos. 2722 and 2723. Motion carried by a 5-0 vote. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Ryan Stendell, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal t=PRINTED ON TIME LED PAPER PLANNING COMMISSION RESOLUTION NO. 2722 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.28.130 "OPEN SPACE/RESIDENTIAL OVERLAY ZONE" TO ADDRESS GOLF COURSE CONVERSION PROJECTS CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, 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 City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that proposes a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; 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: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. 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 Municipal Code amendment to add Section 25.28.130 Open Space/Residential Overlay District 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 any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. PLANNING COMMISSION RESOLUTION NO. 2722 SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 19th day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE JOSEPH PRADETTO, CHAIRPERSON ATTEST: —--/-37� RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2722 Exhibit A Section 25.28.130 Open Space/Residential Overlay District A. Purpose and applicability. The purpose the Open Space/Residential Overlay District (OSRO) is to establish specific criteria for the conversion of golf course facilities designated as open space to another type of land use. The OSRO designation shall supplement any Change of Zone application for conversion of an existing golf course to another non-recreational use. B. Applicability. The OSRO will automatically be applied to any property designated as open space in the City's Zoning Ordinance that applies for a Change of Zone application. The overlay will also apply to properties that have been approved by the City Council for a golf course conversion. C. Permitted and Conditional uses. Permitted and conditionally permitted uses shall be those uses listed under the zoning district for which the Change of Zone application has been made. D. Procedure. Prior to submitting an application with the City's Community Development Department, the applicant shall demonstrate the following: a. Community Outreach. The applicant shall host a series of community meetings for the benefit of the property owners abutting the golf course properties, and the community surrounding and impacted by the development proposal. These meetings require that the golf course ownership share information related to the golf course's fiscal performance and methods explored to preserve the open space for golf course purposes. The series of meeting shall include, but is not limited to, exploring options for preservation of the golf course, ensuring that the surrounding property owners have the ability to participate in the design of any new project, and to explore community options outlined below. b. Community Options. The golf course ownership shall work with the City and the impacted community to explore options for the preservation of the golf course facilities. Option may include, but are not limited to, fiscal participation by a homeowners' association, establishment of a special district to financially support the golf course, or rights of refusal to sell the course to an interested homeowner group. c. Application submittal. Once the applicant has demonstrated compliance with the items above, formal applications may be submitted to the Community Development Department to be reviewed through the City's permitting and entitlement process. E. Development standards. All Change of Zone applications for the conversion of existing golf course facilities shall adhere to the following development standards: 3 PLANNING COMMISSION RESOLUTION NO. 2722 a. Preservation of Open Space. Preservation of existing open space is paramount to any new development proposal and all proposals shall incorporate and preserve portions of the existing open space into the project design. At a minimum, all golf course conversion projects shall retain or provide forty-five percent (45%) open space, unless the applicant can demonstrate support for a reduction in the open space from the impacted golf-course community. b. Community Amenities/Benefits. New recreational amenities for the benefit of the larger community shall be incorporated into the project design. c. Density and Land Use Compatibility. Residential projects shall not exceed a density greater than the density limitations of the surrounding golf course community. F. Project review. The ownership of the golf course facility shall apply for a Change of Zone application with the City's Community Development Department. Said application shall accompany any supplemental applications (Precise Plan, Tentative Maps, Environmental Studies, etc.) and their required information. The applicant shall provide detailed information related to the compliance of their proposal with the Open Space/Residential Overlay. 4 PLANNING COMMISSION RESOLUTION NO. 2723 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO CHANGE THE ZONE OF THREE PARCELS OF LAND (APNS: 637-190-021, 637-190-024, AND 637-190-027) FROM R-2, TO OPEN SPACE/RESIDENTIAL OVERLAY ZONE AS THEY RELATE TO THE PALM DESERT COUNTRY CLUB CASE NO: ZOA 18-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of June 2018, 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 City Council, at their meeting of May 10, 2018, directed City staff to create new zoning standards for golf course conversion projects to ensure community participation, preservation of open space, and community benefits; and WHEREAS, the ordinance will apply to golf course project that propose a Change of Zone application for the conversion of the golf course facilities from open space to a non-golf related land use; 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: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. 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 Zoning Ordinance Amendment changing the zone of three parcels (APNs 637-190-021, 637-190-024, and 637-190-027) from R-2 Mixed Residential District to "Open Space/Residential Overlay Zone" 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 PLANNING COMMISSION RESOLUTION NO. 2723 of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) from environmental review. PASSED, APPROVED,AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 191h day of June 2018 by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE JOSEPH PRADETTO, CHAIRPERSON ATTEST: liiF� RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2723 5� 7 y t1t A �NYIirN ti ,may �r j aNra war OWTON 4 rror■x ` Z n f' y I! ljiRp��m , urRaN r r i_j .I1 R.YR Avi / X L_ ti_ �-- y� n W �PAI I AVE 1 i �I { i �I 1 CrTT-T.�r�T TT��\v ��►''� � 1LO—A AVE `r �_—--"'.... f10111.a aVE 1ll_ .FRED WARYIG DR Proposed Zoning Change R-2 To O.S/R.O. City of Palm Desert Case No. 18-0003 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. - EXHIBIT A Date: -- - - JUNE 19, 2018 ,nC�RMA� 3