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Home My WebLink AboutORD 1286ORDINANCE NO. 1286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE RETREAT AT DESERT WILLOW FOR A HIGHER DENSITY FROM FIVE DWELLING UNITS PER ACRE TO EIGHT DWELLING UNITS PER ACRE TO ACCOMMODATE 112 CONDOMINIUM UNITS AND COMMON AREA AMENITIES ON 15.52 ACRES LOCATED AT 38-400 PORTOLA AVENUE. CASE NO: CZ 15-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 s` day of April, 2015, hold a duly noticed public hearing to consider the request by Portola PD, LLC for approval of the above noted and adopted Planning Commission Resolution 2648 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 271n day of August, 2015, hold a duly noticed public hearing, which was continued from June 11, 2015 and July 9, 2015 to consider the request by Portola PD, LLC for approval of the above noted Change of Zone application; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project will not have a negative impact on the environment and that a negative declaration can be adopted; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons to exist to justify the approval of said request: 1. The 15.52 acres is suitable for the change of zone and development proposed. Environmental and traffic studies were prepared for the project area. No environmental or traffic concerns were identified that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to development of surrounding subdivisions were experienced and, due to the proximity and similarity of the proposed development, it's reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development as conditioned and mitigated as described in the draft Initial Study and Environmental Assessment. 2. The change of zone meets the intent of the Planned Residential zone by providing a mixture of residential densities in the surrounding area. The building density would not adversely impact any adjacent properties. The proposed buildings only occupy 23 percent of the property, while 44 percent will be landscaping. ORDINANCE NO. 1286 3. As proposed, the site layout and density are consistent with surrounding development. The property allows for 5 du/acre, and the project has a density of 8 du/acre. Directly west of the property is an approved project for 159 single- family homes on 18.67 acres for a density of 9 du/acre. To the north, east, and south are portions of the golf course for Desert Willow. North of Frank Sinatra Drive is multiple housing developments zoned P.R.-5 du/acre. These developments are multiple tract maps consisting of 16 single-family residential lots ranging from 8,000 to 11,000 square feet. These developments are geared to attract the first time home buyers and families. The density of 8 du/acre is necessary to carry out the vision of an upscale resort project. 4. The design and layout of the 112 condominium units are in compliance with all grading requirements and the properties will be developed in accordance with the Uniform California Building Code. Grade changes in the community are accommodated by the street layout and open space provided throughout the subdivision. Pedestrian access is provided to adjoining land uses (Desert Willow Golf Resort), which decreases the need for vehicular traffic between adjoining properties. NOW, THEREFORE, BE 1T ORDAINED 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. oft 2. That the City Council does hereby approve Change of Zone 15-15 as proposed. 3. That Change of Zone 15-15, Exhibit "A" attached hereto, by Ordinance No. 1286 is hereby approved. 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. C:\Users\gsanchez\E1ppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\gXHL1HFC\CC - Change of Zone Ord-doc ORDINANCE NO. 1286 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 10th day of September. 2015, by the following vote, to wit: AYES: HARNIK, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE Susan Marie Weber, Mayor ATTEST: RA ELLE D. KLASSE ,CITY CLERK CITY OF PALM DESERT, CALIFORNIA V�-2H'D-C)L5 C:\Users\gsanchez\AppData\LocaRMicrosoft\Windows\Temporary Internet Files\Content.Outlook\9XHLIHFC\CC - Change of Zone Ord..doc ORDINANCE NO. 1286 Exhibit "A" o� LRi;5 CT WAI�M UNIVlRSRTPDINT!IAz ATNlRWOOD DR P!LE PLP.R.'-51 I P.R.-5 FRANK -S I NATRA DR FRAN K-S INATRA- DR — P.R.-5 P.R.-9 a° O.S. �. P"g " I Wl�slRr, uOR' cr i P.R.-5 - —�`�- --- - P.R.-5 P.R.-5 P.R.-5- P.R.40 P.R.-5 Y 01 r °^"TAN W Proposed o �. s Zoning R,4 Change i low +o pW a •ir ♦� q DN P.R.-5 \\\\ �s N PR 5 e4yDO DR YUSTANO TO -5 MDD! Die + � PR 8 J mmmmmmmma City of Palm Desert �ThIM(1 Case No. CZ15-15 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. 1286 c EXHIBIT A Date: September 10, 2015 C:\Users\gsanchezWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHLiHFC\CC - Change of Zone Ord..doc