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Home My WebLink AboutTitle 25 (Zoning) Update to Reflect the '04 Update CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Authorize update of Title 25 (Zoning) of the Palm Desert Municipal Code to reflect the 2004 update of the City of Palm Desert General Plan. SUBMITTED BY: Lauri Aylaian Director of Community Development DATE: February 14, 2008 Recommendation: That the City Council, by minute motion: 1) Reaffirm the Land Use Element of the General Plan as approved in the 2004 update, and 2) Appropriate $150,000 to the 2007/8 Department of Community Development Professional Services budget for the update of the Zoning Ordinance, and 3) Authorize staff to select a specialized consulting firm to assist with the revision of the Zoning Ordinance to comport with the General Plan. Once consultant selection processes are complete, staffwill return to the City Council for approval of the specialized consultant and a proposed contract for their services. Executive Summary: Approval of the staff recommendation will initiate the development of tools by which staff can work with developers and the public to execute the vision for growth contained in the 2004 City of Palm Desert General Plan. Rejection of the staff recommendation will perpetuate uncertainty concerning the nature and intensity of allowable development in the City. Background: The City of Palm Desert General Plan was updated in March 2004 after three years of collaboration among and between the 21-member General Plan Advisory Committee, the Planning Commission, and the City Council. The Plan was crafted to reflect the sometimes conflicting interests of residents, developers, business owners, environmentalists, visitors, Zoning Ordinance Update February 14, 2008 Page 2 of 3 and City leaders and visionaries. As adopted, its concepts reflect the best interests of the community as a whole, including compromises and concessions made by each interest in consideration of the others. Section 65860 of the Government Code of the State of California requires that the Zoning Ordinance be amended to be consistent with the updated General Plan within a reasonable amount of time. In addition to this legal mandate, there are several other compelling reasons to update the Zoning Ordinance: to make it internallv consistent and more user-friendly; to provide a predictable framework for development within which residents and developers can expect that projects will be developed; to reflect chanqes in State law; and to protect the City from potential legal challenges that may arise when a project complying with the General Plan is denied. These reasons are clarified as follows: Internal Consistency: The last major update to the Zoning Ordinance was completed in 1998, and it has been modified piecemeal numerous times since then. The result is a document that is outdated, and is no longer structurally cohesive or user-friendly for residents and developers wishing to undertake a project within the City. Among other shortcomings, internal inconsistencies leave open to interpretation which approvals can be granted by staff, and which need to go to the Architectural Review or Planning Commissions or the City Council. Predictability of Development: The update of the General Plan has resulted in considerable uncertainty and confusion on specific types of projects submitted for review. There is a disconnect between the General Plan, which designates some zones as Mixed Use Commercial and others as having a Med/High Density Overlay, and the Zoning Ordinance, which does not have development standards for either of these designations. An update of the Zoning Ordinance would provide the tools that staff needs to shape proposed projects so that they comply with the general vision for development. The update would give both developers and residents a degree of certainty and predictability regarding the development process: developers would know what the City wants to see developed, and residents would understand what projects may be developed in their neighborhoods. Advance knowledge of setback, height, and density restrictions would benefit all those involved in the development process. By updating the Zoning Ordinance, the City Council can give shape to all future projects that will be brought forward in these as-yet undefined zones. The opportunity for modifying each project will still be provided through the customary review and approval process, but now the modifications will be akin to fine tuning the project, rather than re-designing it. giPiann�ngiLaur�Ayia�anizoning ora staff report 021a06 Zoning Ordinance Update February 14, 2008 Page 3 of 3 Changes in State Law: In recent years, the State of California has passed legislation in several areas that supersede our local ordinances. This leads to confusion for residents and developers who turn to our Zoning Ordinance to get definitive guidance on development within the City. If they adhere to the published ordinance, they are likely to spend time and money pursuing outdated regulations. Areas in which the Zoning Ordinance no longer comports to State law include day care facilities, density bonuses, and provisions for emergency housing. Conclusion: Staff proposes to retain a specialized consultant to prepare a comprehensive update of the Zoning Ordinance to incorporate the necessary changes and to produce a cohesive, systematic document that will be readily usable by interested parties. The Zoning Ordinance can then serve as the foundation for implementation of the vision described in the General Plan, embodying a consensus reached by three years of collaborative community planning. Staff estimates that the professional services associated with this update of the zoning ordinance will take nine to twelve months to complete, and will cost$100,000 to $150,000. Therefore, staff requests that$150,000 be appropriated to the fiscal year 2007/8 budget for the professional services needed to update the Zoning Ordinance. Submitted by: . �1�� Lauri Aylaian Paul Gibson Director of Community Development Director of Finance Approval: Homer Croy , Carlos L rtega ACM for Developme t�ervices City Manager g�Piann�ngiLaur�Ayiaianizoning ortl sta«repon 021408 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 2008 XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION OF UPDATE OF TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE TO REFLECT THE 2004 UPDATE OF THE CITY OF PALM DESERT GENERAL PLAN. .:ITY CGUNCIL ��t'IOIv: APPROVED ✓ "` DENIED RECEIVED OTHER PrEETING DATE �.-/ -U�' � '?YES: F-{'� �LL��Yl,. �D�� / ; . '�dOES:��1 �1z �{ ------ �:B S EI�1T: �� -- ------------ :'�ESTAINo /�1,�1'1�— _ --�.-----_--- VERIFIED BY• �` K �.� y ------- `)riginal on File witY� ity Clerk' s Offi_c�- *Approved recommendation numbers 2) and 3), directing staff to incorporate City Council comments received at this meeting as the guidance for recommendation number 1). 3=2 (Finerty, Kelly NO)