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HomeMy WebLinkAboutCC RES 09-23RESOLUTION NO. 09-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM PLANNED COMMUNITY DEVELOPMENT (PCD) TO PLANNED RESIDENTIAL 14 DWELLING UNITS PER ACRE (PR-14), A TENTATIVE PARCEL MAP (TPM), TO SUBDIVIDE AN 11.8 ACRE PARCEL INTO TWO (2) LOTS AND A PRECISE PLAN (PP) OF DESIGN TO ALLOW THE CONSTRUCTION OF 144 AFFORDABLE HOUSING UNITS WITH AMENITIES. IN ADDITION, THE PROJECT REQUESTED A FIVE-FOOT HEIGHT EXCEPTION AND A MITIGATED NEGATIVE DECLARATION. THE PROPOSED PROJECT IS LOCATED ON THE SOUTH SIDE OF 35TH AVENUE BETWEEN GATEWAY DRIVE AND CORTESIA WAY (C STREET), ALSO KNOWN AS APN 694-130- 005. CASE NO.s CZ/PP 08-191 and TPM 36000 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of April, 2009, hold a duly noticed public hearing to consider the request by Urban Housing Communities, LLC, for approval of the above noted; 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 City Council did find the following facts and reasons to exists to justify denial of said request: 1. The Change of Zone and Tentative Parcel Map as proposed do not wholly meet the findings for density allowance in accordance with the criteria of the Land Use Element and City Council's discretionary analysis of the General Plan. 2. The City Council concludes that in order to approve the proposed density the project would be required to be 100% affordable. 3. The proposed Precise Plan as designed inadequately responds to the need for greater diversity in housing stock and to the City Council's view that a sufficient number of rental housing and similar product types abound in the north area of the City. 4. The request for additional height is not found to be consistent with the City Council's vision for this district. RESOLUTION NO. 09-23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Case No.s CZ/PP 08-191 and Tentative Parcel Map 36000 are hereby denied. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 23rd day of April , 2009 by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSE City Clerk Palm Desert City Council 2 Robert A. Speigel, Ma or