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Home My WebLink AboutRC General Plan Amndmnt/Cahuilla Hills �� CITY OF PALM DESERT OFFICE OF THE CITY MANAGER INTEROFFICE MEMORANDUM To: Honorable Mayor and Members of the City Council From: Carlos Ortega, City Manager Date: October 23, 2008 Subject: Riverside County General Plan Amendment/Cahuilla Hills If you have an opportunity, please review this before tonighYs meeting. I will be asking the Council to provide staff with a recommendation. Thank you. rYTy C�C7NCIL ACTION: �P It7E1J�— —��. DENIED � � , � '� OfiH R CARLOS ORT G �1 �7 • �� ;�/�C�!� . !�.ETIIVG �3�.TE . r City Manager A�S: � ' NOE,�: - CLO:kr ABSENT:, Z(�St,ryl �.�,,, ABBTAIN: �7E�IFIED BY; � �ri inal � ry � _ � Attachment * Wi h City Coun il co currencetyCou$��e1�bc��i�rty was appointed to attend the Riverside County Board of Supervisors Meeting to represent the City of Palm � � Desert in the Cahuilla Hills Re-zoning Matter (Ferguson ABSENT). ��•�-� MEMORANDUM � � _ DEPARTMENT OF COMMUNITY DEVELOPMENT . . TO: Carlos L. Ortega, City Manager FROM: Lauri Aylaian, Director of Community Development DATE: �October 23, 2008 SUBJECT: Riverside County General Plan Amendment/Cahuilla Hills On Tuesday, 28 October 2008, the Riverside County Board of Supervisors will hold a public hearing on General Plan Amendment 885 / Change of Zone 7612, which impacts the Cahuilla Hills area. Last month, the City Council directed staff to prepare a letter for the Mayor's signature opposing the proposed change of zone and endorsing instead the continuation of an Interim Urgency Ordinance 449.226, which expired several months ago. That letter was signed by the Mayor and sent to the Board of Supervisors on September 28, 2008. The agenda for the hearing has not yet been published, but it appears that the staff recommendation for this issue is to approve the General Plan Amendment and the change of zone as was previously proposed, despite the City of Palm Desert's objection to such approval. The City Council may feel strongly enough about this issue that they would like to send a representative to Riverside to speak in opposition during the public hearing. You may want to discuss this during your City Manager comments at the City Council meeting today. For your information, I am attaching to this memorandum the County's staff report on the issue. I will advise you of the time of the public hearing as soon as I can get the County to confirm it for me. The County is also having an internal meeting on the issue in Supervisor Roy Wilson's office today at 4:00 PM. Because this time conflicts with the City Council meeting, I will not be able to relay any of the information from that meeting to you before the City Council meeting. Please let me know if I can provide you with any additional information. Attachment as noted /LA � SUBMITTAL TO THE BOARD OF SUPERVISORS � ,, �� COUNTY OF RIVERSIDE, STATE OF CALIFORNIA �� ,°� ;' t �._ � . .. � FROM: TLMA - Planning Department SUBMITTAL DATE: October 7, 2008 SUBJECT: GENERAL PLAN AMENDMENT NO. 885/CHANGE OF ZONE NO. 7612 — ' EA40322—Applicant: County of Riverside— Fourth Supervisorial District—Cathedral City-Palm Desert Zoning District—Western Coachella Valley Area Plan: Rural: Rural Mountainous (RM), Rural Residential (RR); Rural Community: Very Low Density Residential (RC-VLDR); Open Space: Water(OS-W) —Location: Westerly of State Highway 74 and immediately adjacent to the City of Palm Desert to the north, south and east—t636 Gross Acres —Zoning: One-Family Dwetling - One Acre Minimum Lot Size (R-1-1), Watercourse, Watershed & Conservation Areas (W-1) — REQUEST: 1)Amend the Riverside County General Plan to establish the Cahuilla Hills Policy Area on the t636 acres; and, 2) Change the existing zoning on areas zoned One-Family � Dwelling - 1 acre minimum lot size (R-1-1) to One-Family Dwelling - 10 acre minimum lot size (R-1-10) on approximately 132.5 acres and One-Family Dwelling - 5 acres minimum lot size ��; (R-1-5) on approximately 20 acres. , :� � RECOMMENDED MOTION: The Planning Department recommended approval; and, r; THE PLANNING COMMISSION, BY A 4-0 VOTE (COMMISSIONER SNELL WAS �� ABSENT), RECOMMENDS: ADOPTION of a NEGATIVE DECLARATION for ENVIRONMENTAL ASSESSMENT NO. 41595, based on the findings incorporated in the initial study and the conclusion that the project will not have a significant effect on the environment; and, TENTATIVE APPROVAL of GENERAL PLAN AMENDMENT NO. 885, establishing the Cahuilla Hills Policy Area in accordance with Exhibit 9 pending the adoption of the general plan amendment resolution by the Board of Supervisors; based on the findings and conclusions incorporated in the staff report; and, Ron Goldman Planning Department RG:kb (Continued On Attached Page) � a U U O O a a ❑ ❑ � � a� a� � � c c 0 0 U U ❑ ❑ . E � o � U V � � X W Q o a Prev. Agn. Ref. District: Fourth Agenda Number: Form 11p (Rev 06/2003) C:\UsersllaylaianlAppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.0utlook\U1SYPPRU1Form1la_Cahuilla Hills PolicyArea.doc The Honorable Board of Supervisors - RE: GENERAL PLAN AMENDMENT NO. 885/CHANGE OF ZONE NO. 7612 — October 7, 2008 Page 2 of 2 DENIAL of CHANGE OF ZONE NO. 7612, from One-Family Dwelling — 1 Acre Minimum (R-1-1) to One-Family Dwelling — 10 Acre Minimum (R-1-10) and One-Family Dwelling — � 5 Acre Minimum (R-1-5) in accordance with Exhibit#3; but APPROVAL of CHANGE OF ZONE NO. 7612, from R-1-1 to R-1-1, R-1-5 and R-1-10 in accordance with Revised Exhibit#3, pending final adoption of the Zoning Ordinance by the Board of Supervisors, based on the findings and conclusions incorporated in the staff report. BACKGROUND: The purpose of this County-initiated actior� is to ensure that adequate infrastructure systems are in place to support the densities of future land divisions which could occur in the area. Primarily, there is currently a single point of access to this area which impacts the ability to provide emergency services and could subject residents living in the Cahuilla Hills community to the potential impacts of flooding, fire and other potential hazards. Additionally, increased densities could result in pollution problems relating to on-site sewage disposal due to shallow soils, depth-to-bedrock, and steep slopes. Change of Zone (CZ) No. 7612 will increase the minimum lot size of parcels designated Rural Mountainous to 10 acres and, for parcels designated Rural Community —Very Low Density Residential having steep slopes, to 5 acres. The project does not propose any development or change in permitted land uses and will apply to all future subdivisions within the affected area. Existing legal parcels, many of which are less than 5 acres, are not affected by this proposal. INFORMATIONAL ITEMS: County staff held a community outreach meeting on June 23, 2008, to discuss this proposal with residents of Cahuilla Hills. As of this writing, Planning staff has received numerous petitions against the original proposal to require a 5 acre minimum lot size over most of the approximately easterly three quarters of Cahuilla Hills, as well as written correspondence from residents of the community in support or opposition to that proposal. The revised proposed zoning is a compromise that resulted from the community outreach meeting and recommendations made by the Planning Commission on July 9, 2008. All the petitions and written correspondence are provided to the Board of Supervisors as an attachment to this staff report. GPA NO.00885 GENERAL PLAN AMENDMENT OF T13E WESTERN COACHELLA VALLEY AREA PLAN TO ESTABLISH THE CAHUILLA HILLS POLICY AREA 1. Amend the Western Coachella Valley Area Plan by adding the Cahuilla Hills Policy Area • to the end of the Policy Areas section on page 27,to read as follows: Cahuilla Hills Policy Area Westerly of State Highway 74 and immediately adjacent to the City of Palm Desert to the north, south, and east, within the unincorporated area of Riverside County, is the rural residential desert community of Cahuilla Hills. Nestled at the foot of the Santa Rosa and San Jacinto Mountains and the National Monument of the same name, this community is approximately one square mile in size and is characterized by a unique, semi-wild desert setting of complex and rugged terrain, large open washes, deep ravines, and prominent ridgelines offering panoramic views. Tt is also generally highly visible from nearby areas within the City of Palm Desert. Existing lots in Cahuilla Hills typically range from one to five acres. Additional development in the area could overburden its existing, very limited circulation infrastructure, and result in pollution problems relating to on-site sewage disposal. There is currently only one point of full access/egress to this area and, while enhancing the area's privacy and serenity, this limited access potentially impacts the Cou.nty's ability to provide emergency services to the community. Accordingly, additional development could subject residents living in Cahuilla Hills to increased potential impacts from flooding, fire, hazardous materials incidents, earthquakes, and other potential hazards, because of the area's limited circulation system. ¶ Due to localized problems of shallow soils and depth-to-bedrock and other site limita.tions, potential new lots may be infeasible for on-site sewage disposal systems. Therefore, all new on-site sewage disposal systems on existing lots shall be subject to the approval of the County Environmental Health Department and all new on-site sewage disposal systems on new land divisions shall be subject to the approval of both the County Environmental Health Department and the Colorado Regional Water Quality Control Board. ¶ Finally, the scenic quality of the community's peaks, ridgelines, and hillsides, and problenns of erosion and runofF could be exacerbated from ill-planned and excessive grading activities. Therefore, grading for residential building pads, driveways, access roads, etc. sha11 be the minixnuxn necessary for development, shall avoid unmitigated on- site and off-site erosion and runoff impacts, and shall be designed to protect the scenic qualities of the community. To protect the residents living in the community of Cahuilla Hills, while retaining its desired rural character and scenic resources, the Cahuilla Hills Policy Area requires that all new land divisions and lot line adjusirnents not result in any parcels less than 5 acres gross unless the development proposals can provide two points of access, one of which may be permitted to be restricted to emergency vehicles only, as approved by the Riverside County Transportation and Fire Departments; however, public egress must be available without the use of special knowledge or special actions of persons in an Page 1 of 2 emergency situation. Lot line adjustments between existing lots shall be consistent with the General Plan and demonstrate that the proposed new lot configurations will be equivalent or superior to existing lot configurations in regard to access, on-site sewage disposal, and overall minimization of any grading necessary to develop the lots. . 2. Add the following policies under Cahuilla Hills Policy Area section of the Western Coachella Valley Area Plan on page 27, to read as follows: WCVAP 4.1 All new land divisions shall not result in any parcels less than 5 acres gross unless two points of access are provided, one of which may be permitted to . be restricted to emergency vehicles only, as approved by the Riverside County Transportation and Fire Departments; however, public egress must be available without the use of special knowledge or special actions of persons in an emergency situation. WCVAP 4.2 All new land divisions sha11 meet the sewage disposal requirements of both the Riverside County Department of Environmental Health and the Colorado Regional Water Quality Control Board. 3. Amend the text under the Policy Areas section of the Western Coachella Valley Area Plan on page 23, to read as follows: Four policy areas have been designated within the Western Coachella Va11ey Area Plan. In some ways, these policies are even more critical to the sustained character of the Western Coachella Valley than some of the basic land use policies because they reflect deeply held beliefs about the kind of place this is and should remain. Their boundaries are shown on Figure 4, Policy Areas. These bou.ndaries are only approximate and may be interpreted more precisely as decisions are called for in these areas. This flexibility, then, calls for considerable sensitivity in detennining where conditions related to the policies actually exist,once a focused analysis is undertaken on a proposed development project. 4. Amend Figure 4 of the Western Coachella Valley Area Plan, to reflect the boundaries of the Cahuilla Hills Policy Area as depicted on Exhibit 9. Page 2 of 2 1 Board of Supervisors County of Riverside 2 , 3 RESOLUTION 4 RECOMMENDING ADOPTION OF 5 GENERAL PLAN AMENDMENT NO. 885 6 7 WHEREAS,pursuant to the provisions of Government Code Section(s) 65350/66450 et• seq-, 8 public hearings were held before the Riverside County Planning Commission in La Quinta, 9 California, on March 19 and July 9, 2008, to consider the above-referenced General Plan 10 Amendment; and, 11 WHEREAS, all provisions of the California Environmental Quality Act (CEQA) and the 12 Procedures for Implementing CEQA in Riverside County have been satisfied, including 13 Environmental Assessment No. 41595,which consider the potential impacts of the proposed project 14 on the environment,which have been evaluated in accordance with said Act and Procedures; and, 15 WHEREAS, the matter was fully discussed with testimony and documentation presented by 16 the public and affected government agencies; now,therefore, 1� BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the Planning 1 g Commission of the County of Riverside, State of California, in regular session assembled on July 9, 19 2008, that it has reviewed and considered the environmental document prepared or relied on and 2 0 recommends the following based on the staff report and the findings and conclusions stated therein: 21 ADOPTION of a NEGATIVE DECLARATION for ENVIRONMENTAL ASSESSMENT 2 2 NO. 41595, based on the fmdings incorporated in the initial study and the conclusion that the 23 project will not have a significant effect on the environment; and TENTATIVE APPROVAL of 24 GENERAL PLAN AMENDMENT NO. 885, amending the Western Coachella Valley Area Plan by 2 5 adding the Cahuilla Hills Policy Area with policies regarding minimum lot size, secondary access, 2 6 adequate sewage disposal and minimal grading, based upon the findings and conclusions 2� incorporated in the staff report. 28 1 Supervisorwi�son CZ07612 GPA00885 Planner: Kath�een Browne District 4 Date: 7/9/08 Date Drawn: 2114/08 PROPOSED ZONING Exhibit 3 PALM DESERT 0 R_1-1 OASIS:TR OASIS:TR�o r R-1-5 5.05 AC ROCKY TR � (R-1-1) Ili w 20.25 AC QUAII-.TR=Q Q R-1-10 m a � � I(R-1-1) w w � ' R-1-1 �' 132.18 AC o ENCELIA WY T _ I_ _ � 398:25 AC II MARY:JANE CT ~ l (U a MESA�TR � W-1 0 o � 73 AC '� � � m m � � v R-1-10 CHOLLA'RD o—CHOLL'A WY (R=1-1) �_1_1 o R-1-1 7.14 AC � Y JAGUAR WY METATE PL PAL'M DESERT DISCALIMER:OnOnatier7,2003,theCounyofRivxsideadoptedanewGeneralPlan providing�rew Ia�M use designatlons for unincorporateA RlversiGe Cou�ry percels.The naw General Plen may conlaln ElflereM rypes ot lantl use tlian is qoNded far unGer eKis tlng 2oning. FarfuMer Irdormetlon,pleasa wntaci ihe Rlwrside County Pla�ing DepaNnem offices in RiversiEe at(909)955-3200,In Murrleta at(909)fi00-61]0,w in Indio at(760)869-82]]or �websilealh '/M'WN.tlme.ta.11vereldB.ca.usllntleKhlml. Zone RIVERSIDE COUNTY PLANNING DEPARTMENT Assessors District:Cathedral City-Palm Desert N Bk• PJ• 628 33-38 Township/Range: T5SR5E "' E Thomas Section : 36 s Bros. Pg. 848 B5 0 625 1,250 2,500 3,750 Feet