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Home My WebLink AboutORD 1343ORDINANCE NO. 1343 ftw AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE APPLICATION FOR THE WOLFF COMPANY FOR A HIGHER DENSITY FROM FIVE DWELLING UNITS PER ACRE TO TWENTY DWELLING UNITS PER ACRE TO ACCOMMODATE A SENIOR LIVING PROJECT OF 164 UNITS, INCLUDING A CLUBHOUSE BUILDING ON 8.4 ACRES LOCATED AT 74300 COUNTRY CLUB DRIVE CASE NO: CZ 18-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of September, 2018, hold a duly noticed public hearing to consider the request by the Wolff Company, LLC for approval of the above noted and adopted Planning Commission Resolution 2736 recommending approval to the City Council; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of November, 2018, hold a duly noticed public hearing to consider the request by the Wolff Company, LLC for approval of the above noted Change of Zone application; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, a further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Mitigated 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 8.4 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 is 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. ORDINANCE NO. 1343 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 as described within the staff report. 3. As proposed, the site layout and density are consistent with surrounding development. The current zone allows for five (5) du/acre, and the proposed 164 units provide a density of 19.5 du/acre. The applicant is requesting a change of zone to twenty (20) du/acre, which will support the proposed development. Over the years, the City Council has rezoned numerous PR parcels from five (5) du/acre to twenty (20) and twenty-two (22) du/acre in the surrounding area. 4. The design and layout of the 164 units comply with all grading requirements and the project 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. NOW, THEREFORE, BE IT 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. 2. That the City Council does hereby approve Change of Zone 18-0002 as proposed. 3. That Change of Zone 18-0002, Exhibit "A" attached hereto, by Ordinance No. is hereby approved. 4. That the City Clerk of the City of Palm Desert, Califomia, 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. GAPlanningWevin SwartAWordTaose Plans\PP 18-0003, CZ 18.0002, Wolff 164-Senior Project\CC - Change of Zone Ord.doc ORDINANCE NO. 114-3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of December 2018, by the following vote, to wit: r.. AYES: AARNTK, JONATHAN, KELLY, and WEBER NOES: NESTANDE ABSENT: NONE ABSTAIN: NONE SUSAN MARIE WEBER, MAYOR ATTEST: RA ELLE D. KLASSEN, &TY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Kevin Swartz\Word\Precise Plans\PP 18.0003. CZ 18.0002, Wolff 164-Senior Project\CC - Change of Zone Ord.doc ORDINANCE NO. 1343 [This page has intentionally been left blank.] ORDINANCE NO. 1343 I411&e1r P.R.-5 R NR/ETANG i RID GE DRT-----07 ... f-. YON DR _ :W 0.P. 19 0 {_ 94 C _..y..__..' W o W > a ._ o Ofy Ms C 7 a O.P� (by-- P.R.-5 P.R.-5 ' Exhibit "A" VERDE WAY _ �\ LLI �. LA PAZ 22020086 R 6 DR �aucEB \ I (� 1 TUSCANY Q O `` Y PACIFICA .R.-5, S.O. LN , C,► VL a � P.R.-5 P.R.-5 %xc�w 11 r.K.-1 P.R.- P.R.-5 P.f 1r P.R.-5 P.R.-5 --- COUNTRY CLUB DR DO A �� Proposed ' Zoning I__- \ Change 1 \ PR-5 To ��`�. PR-20 City of Palm Desert pF Mud p Case No. 18-0002 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. 1343 EXHIBIT A Date: December 13, 2018 GAPlanning\Kevin Swartz\Word\Precise Plans\PP 18-0003, CZ 18-0002, Wolff 164-Senior Project\CC - Change of Zone Ord.doc