HomeMy WebLinkAboutRes No 27221
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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
19th 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
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
JOSEPH PRADETTO, CHAIRPERSON
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PLANNING COMMISSION RESOLUTION NO. 2722
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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:
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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.
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