HomeMy WebLinkAboutORD 1340ORDINANCE NO. 1340
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING
ORDINANCE AMENDMENT ESTABLISHING PALM DESERT MUNICIPAL
CODE SECTION 25.28.130 OPEN SPACE/RESIDENTIAL OVERLAY
DISTRICT
CASE NO: ZOA 18-0003
WHEREAS, at the City Council meeting of May 10, 2018, the City Council directed staff
to prepare a Zoning Ordinance Amendment (ZOA) to establish development standards, outline
public outreach requirements, and preservation of forty-five (45) percent of open space, for
golf course conversion projects, and have the ordinance applied to the former Palm Desert
Country Club Executive Course; and
WHEREAS, the ordinance establishes procedures for all proposed golf course
conversion projects and includes provisions for community outreach, development standards
for the addition of community benefits, the preservation of open space, density limitations, and
the application review process; and
WHEREAS, the procedures established by the ordinance are in line with the
development standards of the Palm Desert Municipal Code, and the community outreach
provisions are in line with the practices and policies of the City of Palm Desert; and
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 adopted Resolution Nos. 2722 and 2723,
recommending that the City Council adopt the ZOA, subject to minor grammatical changes
and apply the overlay district to three parcels that previously were occupied by the former
Palm Desert Country Club Executive Course; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the12th day
of July 2018, hold a duly noticed public hearing to consider the request by the City of Palm
Desert for approval of a ZOA, and has determined that the amendments to Zoning Ordinance
Chapter 25.28 are consistent with the General Plan; 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 exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety, and welfare
of the residents and businesses of Palm Desert within the City limits.
ORDINANCE NO. 1340
SECTION 2. Adoption of the Zoning Ordinance Amendment establishes OWN
Section 25.28.130 of the Palm Desert Municipal Code as identified in Exhibit "A"
attached to this Ordinance.
SECTION 3. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. Publication. 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 in effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 23rd day of August, 2018, by the
following vote, to wit:
AYES: HARNIK, NESTANDE, WEBER, and JONATHAN
NOES: NONE
ABSENT: KELLY
ABSTAIN: NONE
()C� ,E)5--mot &
4. 0
GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1340 - ZOA 18-0003.doc
ORDINANCE NO. 1340
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. The series of
meetings shall include, but is not limited to, exploring options for preservation of the
golf course.
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:
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.
GACityClrk\Gloria Sanchez\ORDINANCES\Ord No 1340 - ZOA 18-0003 doc
ORDINANCE NO. 1340
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.
G:\CityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1340 - ZOA 18-0003.doc