HomeMy WebLinkAboutRes No 863PLANNING COMMISSION RESOLUTION NO. 863
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT, CREATING SECTION 25.24.055 AND CHAPTER
25.37 RELATING TO THE ESTABLISHMENT OF A HIGH
DENSITY DESIGNATION FOR PROJECTS WHICH
INCLUDE LOW INCOME HOUSING; AND APPROVAL OF
A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT AS IT PERTAINS THERETO.
CASE NO. ZOA 05-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of June, 1983, hold a duly noticed public hearing to consider a zoning
ordinance amendment creating Section 25.24.055 and Chapter 25.37 relating to the
establishment of a high density designation for projects which include low income housing;
and approval of a Negative Declaration of Environmental Impact as it pertains thereto;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project will not have a significant impact on the environment and a Negative
Declaration has been prepared; and,
WHEREAS, at said public hearing upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to recommend approval of a zoning ordinance text
amendment:
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted general
plan.
3. That the zoning ordinance amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a zoning ordinance text amendment, as provided
in the attached exhibit, labeled Exhibit "A" and Exhibit "B".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7th day of June, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, WOOD
NOES: KRYDER, RICHARDS
ABSENT: NONE
ABSTAIN: NONE
RALPH B. WOOD, Chairman
ATTEST:
RAMON I IAZ, S cretary
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PLANNING COMMISSION RESOLUTION NO. 863
EXHIBIT "A"
ZOA 05-83
Amend Section 25.24 by adding:
25.24.055 Maximum density for "affordable projects". For projects containing at
least 20% units affordable to low income households as defined by the Riverside County
Housing Authority, a maximum density of 25 dwelling units per acre may be allowed by
precise plan. To be eligible for this program, the developer must enter into a
development agreement per Section 25.37 which will tie the zoning designation and the
precise plan approval to affordable housing performance standards.
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PLANNING COMMISSION RESOLUTION NO. 863
SECTIONS:
25.37.010
25.37.020
25.37.030
25.37.040
25.37.050
25.37.060
25.37.070
25.37.080
25.37.090
25.37.100
25.37.110
EXHIBIT "B"
Chapter 25.37
Development Agreements
Purpose
Eligibility
Contents
Public Hearing and Notice
Consistency
Rules, Regulations and Official Policies
Periodic Review
Amendment or Cancellation
Recording of Agreement
Modification or Suspension to Comply with State or Federal Laws
Reversion of Zoning in the Event of Noncompliance with Terms and
Conditions
25.37.010 Purpose. The purpose of this chapter is to provide the city with greater
control and flexibility in the evaluation of projects by tailoring development standards to
the unique features of a particular site and linking them with specific development
proposals and performance criteria.
25.37.020 Eligibility. Persons or organizations entering into development
agreement with the city must have a legal or equity interest property. Project proposals
in the following zones are eligible for participation in the development agreement process
if they meet the specified findings.
A. Affordable high density planned residential. Projects receiving the AHDPR
designation require a development agreement to specify the condition under
which the high density is to be granted.
25.37.030 Contents. A development agreement shall specify or contain the
following:
A.
B.
C.
D.
E.
F.
Duration of agreement.
Permitted uses.
Maximum height and size of building.
A general site plan showing arrangement of uses, circulation and required
dedication.
A timetable for the completion of various project phases or other features
of the agreement.
Other conditions, terms, restrictions and requirements for subsequent
discretionary actions.
25.37.040 Public hearing and notice. A public hearing on an application for a
development agreement shall be held by the planning commission and city council. Notice
of intention to consider adoption of a development agreement shall be given as provided in
Chapter 25.86.
25.37.050 Form and consistency. A development agreement shall be approved by
ordinance and shall be consistent with general and specific plans.
25.37.060 Rules, regulations and official policies. Unless otherwise provided by
the development agreement, rules, regulations and official policies governing uses of the
land, density, design, improvement and construction standards and specifications,
applicable to development of the property subject to the agreement, shall be those rules
regulations and official policies in force at the time of the execution of the agreement. A
development agreement shall not prevent the city from subsequent actions applicable to
the property from applying new rules which do not conflict with those contained within
the agreement, nor shall a development agreement prevent the city from denying or
conditionally approving any subsequent development application on the basis of such
existing or new rules, regulations and policies.
PLANNING COMMISSION RESOLUTION NO. 863
25.37.070 Periodic review. The planning commission shall review a development
agreement every 6 months, at which time the applicant or his successor shall be required
to demonstrate good faith compliance with the terms of the agreement. If as a result of
this review, the commission finds and determines, on the basis of substantial evidence,
that the applicant has not complied in good faith with terms or conditions of the
agreement, it shall recommend to the city council that the agreement be modified or
terminated. If the city council concurs with the planning commission recommendation,
the agreement shall be modified or terminated. Proceedings before the city council shall
be a noticed public hearing per Chapter 25.86.
25.37.080 Amendment or cancellation. In addition to provisions of Section
25.37.060, a development agreement may be amended or canceled in whole or in part by
mutual consent of the parties to the agreement or their successors. Procedure shall be as
described in Sections 25.37.040 and 27.37.050.
25.37.090 Recording of agreement. No later than 10 days after the city enters
into a development agreement, the city clerk shall record with the county recorder a copy
of the agreement, which shall describe the land subject thereto. From and after the time
of such recordation, the agreement shall impart such notice thereof to all persons as is
afforded by the recording laws of this state. The burdens of the agreement shall be
binding upon, and the benefits of the agreement shall inure to, all successors in interest to
the parties to the agreement.
25.37.100 Modification or suspension to comply with state or federal laws or
regulations. In the event that state or federal laws or regulations, enacted after a
development agreement has been entered into, prevent or preclude compliance with one
or more provisions of the development agreement, such provisions of the agreement shall
be modified or suspended as may be necessary to comply with such state or federal laws
or regulations.
25.37.110 Reversion of zoning in the event of noncompliance with terms and
conditions. In the event the terms and conditions are not complied with by the developer,
the zoning shall revert to the zoning which existed prior to the development.
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