HomeMy WebLinkAboutOrdinance 1240A Change of Zone 12-76 APN 694-310-005CITY OF PALM DE EUED
PASST
ES TO 2ND READ4i D
DEPARTMENT OF COMMUNITY DEVELOP
STAFF REPORT
REQUEST: APPROVAL OF CHANGE OF ZONE FROM PLANNED
RESIDENTIAL - 5 DWELLING UNITS PER ACRE (PR 5) TO
PLANNED RESIDENTIAL - 20 DWELLING UNITS PER ACRE (PR
20) FOR THE AREA DESCRIBED IN EXHIBIT A (ATTACHED) IN
COMPLIANCE WITH STATE LAW AND THE APPROVED HOUSING
ELEMENT, APN 694-310-005
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
CASE NO(s): C/Z 12-76
DATE: June 14, 2012
CONTENTS: Ordinance No. 1240A , Exhibit A
Housing Element Table 111-3, Inventory of Vacant Land
Housing Element Exhibit 1, Sites to be Rezoned
Planning Commission Notice of Action, March 6, 2012
Planning Commission Meeting Minutes, March 6, 2012
Letters Received
Recommendation
Waive further reading and
reading approving Change
(attached); and
pass Ordinance No. 1240A to second
of Zone 12-76 as described in Exhibit A
2. By minute motion, direct staff to work with the surrounding residents in the
next Housing Element update cycle beginning in the fall of 2012, to
restudy for down zoning all or a portion of the area identified in Exhibit A,
to extent feasible while maintaining compliance with all applicable Housing
and other laws.
Commission Recommendation
On March 6, 2012, the Planning Commission reviewed the proposed request and
recommended approval (5-0 vote).
Staff Report
Case No. C/Z 12-76
Page 2 of 4
June 14, 2012
Executive Summary
On May 24, 2012, the request was continued to allow staff to meet with the surrounding
residents to discuss the concerns with the proposed change of zone. On May 30, 2012,
staff held a meeting with Mayor Spiegel, Councilmember Harnik, Assistant City Attorney
Robert Hargreaves, and many residents of the surrounding area to discuss the Housing
Element and the State Law requirements for the change of zone. Staff explained that the
next Housing Element update is required to be approved by October 2013, and that staff will
begin working on the update with a consultant after the July 1 2012 start of the next fiscal
year. Staff stated that the residents in this area will be contacted to be part of a community
interest group to study this area with the intent of potentially modifying the area location or
reducing the zoning back to Planned Residential 5 units per acre.
Following the meeting with the residents, staff contacted the State Department of Housing
and Community Development (HCD) to discuss the possibility of modifying the actual
parcels identified in the current Housing Element to comply with State Law and address the
concerns of the surrounding residents. Based on the discussion with HCD staff, the request
has been modified by reducing the total area from 38 acres to 28 acres by eliminating the
two, five -acre parcels to the south of Shepherd Lane. The new area is illustrated in Exhibit A
in the ordinance attached to the staff report. Compliance with the intent of the Housing
Element can still be demonstrated, since more dwelling units will be provided than are
called for in that document.
Background
On May 12, 2011, the City Council adopted Resolution No. 2011-24 approving the current
Housing Element for the 2006-2014 planning period. The Housing Element is the only
General Plan Element that is required to be reviewed and approved by the State. After the
City Council approved the current Housing Element, it was submitted to the Department of
Housing and Community Development (HCD) for review and approval.
On July 7, 2011, HCD approved the City's current Housing Element. As part of the new
requirements by the State, each city must identify the parcels available for housing, and
demonstrate that there is sufficient land to accommodate the Regional Housing Needs
Assessment (RHNA) units in the Very Low, Low, and Moderate Income categories. This
analysis requires cities to rezone lands to a minimum of 20 units per acre to accommodate
the units. In addition, these rezones must be complete within one year of HCD's approval
date (by July 7, 2012) to keep the Housing Element in compliance with State Law.
On April 12, 2012, staff presented a change of zone from Planned Residential — 5 units per
acre (PR 5) to Planned Residential — 22 units per acre (PR 22) for 38.63 acres of vacant
land located on the south side of Gerald Ford Drive adjacent to the Riverside County Sheriff
Station to the west and single-family development to the east. The area is identified as area
B in the approved Housing Element, and the request was initiated by staff to be in
compliance with the Housing Element. The City Council continued this case to allow staff
time to research possible options with the density in this location.
G:\Planning\Tony Bagato\Staff Reports\RDA Land\City Council\SR CC Gerald Ford Property June.doc
Staff Report
Case No. C/Z 12-76
Page 3 of 4
June 14, 2012
On May 24, 2012, staff presented a modified request from PR 22 to PR 20, the minimum
density that is allowed under State Law for compliance with the Housing Element. At this
meeting, residents in this area expressed concerns about the change of zone and the late
noticing. Many questions were raised during the public hearing. The public hearing was
closed, and the case was continued to June 14 with staff direction to set up a meeting with
the surrounding residents, City Council members and the City Attorney.
On May 30, 2012, staff held a meeting with Mayor Spiegel, Councilmember Harnik,
Assistant City Attorney Robert Hargreaves, and many residents in the surrounding area.
During the meeting, staff explained the history of the Housing Element and that the most
recent changes in State Law require the City to identify areas of vacant land in the Housing
Element to be rezoned for higher density. Staff explained that this area was identified in the
approved Housing Element, and that the property must be rezoned within one year of July
7, 2011, to be in compliance with State Law, or the City would have to reopen the current
Housing Element and seek approval by HCD again.
If the area is not rezoned by July 7, 2012, the City will be out of compliance with the
Housing Element. If the Housing Element is out of compliance, then the State will require
the City to keep this area in the next Housing Element update in 2013, as well other
hardships described at the public hearing on May 24, 2012. Carrying the 520 affordable
units will more than double the required number of units for all housing types, and more
than triple the requirement for affordable units in the next Housing Element cycle.
After the presentation and discussion, staff informed the residents that this area can be
restudied and potentially modified for down zoning as part of the next Housing Element
update, which is required to be approved by October, 2013. Staff also invited the residents
to be part of the update process, which will begin sometime after the summer, by being a
formal community interest group to restudy this area for potential down zoning based on the
needs of the next Housing Element. The RHNA units for the next Housing Element are one
tenth the number of the current Housing Element, and staff believes that the subject area
may be modified or removed from the high density requirement.
Following the meeting with the surrounding residents, staff contacted Mr. Mario Angel at
HCD about the possibility of modifying the area identified in Housing Element. Based on the
information provided by Mr. Angel, staff modified the area by removing the two, five -acre
parcels directly south of the residential community on Shepherd Lane. This will reduce the
total area by 10 acres while maintaining compliance with the Housing Element and State
Law. The density will meet the State's requirement of 20 units per acre, yet will yield more
than the 520 dwelling units identified in the Housing Element.
Environmental Review
The proposed change of zone is being proposed in accordance with the approved Housing
Element and State Law. Therefore, the request is statutorily exempt for the purposes of
CEQA and no further review is necessary at this time.
GAPlanning\Tony Bagato\Staff Reports\RDA Land\City Council\SR CC Gerald Ford Property June.doc
Staff Report
Case No. C/Z 12-76
Page 4 of 4
June 14, 2012
The subject properties are vacant, and there are no specific projects proposed at this time.
Any future development of this area will be reviewed by staff for full compliance with the
California Environmental Quality Act.
Fiscal Analysis
The proposed request will not result in any fiscal impacts to the City.
Submitted By:
Tony Bag to, Pnn Planner
Department Head:
Lauri Aylaian, Director of Community Development
Approval:
Jo M. Wohlmuth, City Manager
GAPlanning\Tony Bagato\Staff Reports\RDA Land\City Council\SR CC Gerald Ford Property June.doc
ORDINANCE NO.1240A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE PALM DESERT ZONING MAP,
CHAPTER 25.04.870 AS DESCRIBED IN EXHIBITS "A", ATTACHED.
CASE NO.CZ 12-76
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of May, hold a duly noticed public hearing to consider the request by the CITY OF
PALM DESERT for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 6th day of March, 2012, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2584 recommended approval of said request; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 2012-20 in that the Director of Community Development has determined
that the said request are being done to bring properties into compliance with the
intended use of the property. No development is proposed for these properties at this
time and any future projects will comply with the California Environmental Quality Act
requirements and will be reviewed by the Planning Commission and City Council.
Therefore, no further CEQA review is necessary at this time.
WHEREAS, at said public hearings, said City Council heard and considered all
testimony and arguments of all interested persons.
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN, AS FOLLOWS:
SECTION 1: That the Zoning Map, Chapter 25.04.870 of the Palm Desert
Municipal Code, is hereby amended to read as shown in Exhibits
"A", attached.
SECTION 2: 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.
ORDINANCE NO. 1240A
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of , by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G:\Planning\Tony Bagato\Staff Reports\RDA Land\City Council= ORD Gerald Ford Properties.doc
2
TN/City of Palm Desert
General Plan/Housing Element
Table III-33
Inventory of Available Vacant Lands
Assessor's Parcel No.
General
Plan/Zone
Size (Acres)
Potential
Units
694-130-017 (D)
R-M, R-HO/PC*
10.21
176
694-130-021 (G)
R-M, R-HO/PC*
24.16
200
694-130-018 (D)
R-M, R-HO/PC*
3.48
72
694-190-008 (H)
MU/PC*
15 of 29.36
160
694-200-014 (J)
R-M, R-HO,
MU/PC*
11.46
194
694-130-012 (E)
R-M, R-HO/PR-5
33.71
235
694-130-003 F)
R-M, R-HO/PC*
18.92
302
685-010-005(A)
C-R/PC*
30
432
694-310-001 & 005 (B)
C-R/PR-5
35
520
694-120-012 (C)
I-BP/PC*
10
200
627-273-018
R-M/R-3
0.3
7
627-273-005
R-M/R-3
0.3
7
625-171-001
R-M/R-3
0.3
7
627-121-044
R-H/R-3
0.25
6
627-121-045
R-H/R-3
0.25
6
627-301-022
R-H/R-3
0.31
7
627-153-007
R-H/R-3
0.22
5
627-101-033, -038, -039, -002, -017
R-M/OP*
1.64
22
627-041-010 through 013, -29, 031 - 033
R-M/OP* and R-2
1.20
19
627-051-002
R-M/R-2
0.16
2
627-031-030
RM/R-2
0.17
2
627-052-006
R-M/R-2
0.17
2
627-052-031
R-M/R-2
0.16
2
627-052-033
R-M/R-2
0.16
2
627-084-001
R-M/R-2
0.22
2
627-084-003
R-M/R-2
0.19
2
627-182-004
R-M/R-1
0.20
1
627-182-005
R-H/R-1
0.20
1
627-182-006
R-H/R-1
0.17
1
627-351-042
R-M/R-2
0.20
2
627-351-019
R-M/R-1
0.17
1
625-224-001
R-M/R-1
0.19
1
625-126-009
R-H/R-3
0.14
2
625-061-018
R-M/R-1
0.15
1
625-021-008
R-M/R-1
0.19
1
625-031-011
R-M/R-1
2.20
1
625-032-011
R-M/R-1
0.21
1
624-241-008
R-M/R-1
0.12
1
Total Units
2,605
*Requires re -zoning. Property designated Office Professional or Medium Density Residential / High
Density Overlay in General Plan
As shown in the inventory, approximately 2,605 units could be constructed on lands which are
currently available for multiple family residential development. In addition to the vacant lands
included above, the Redevelopment Agency currently has commitments for an additional 103
Housing Element
III-35
73-5 IO FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92 260-2 j 7 S
TEL: 760 346-o6ii
i nfo(&c itt'ofpa1 mdesert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: March 6, 2012
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Recommend to the City Council for approval of a General Plan Amendment and
Change of Zone for a parcel on the Hillside to Open Space for conservation, and
a Change of Zone for three properties for conformance with the existing General
Plan Land Use designation.
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of March 6, 2012:
THE PLANNING COMMISSION GRANTED APPROVAL OF GPA AND
C/Z 12-76. MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
mo
cc: Tony Bagato, Principal Planner
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 6, 2012
V. ORAL COMMUNICATIONS
None
VI. APPROVAL OF MINUTES
A. Minutes of the Planning Commission Meeting of February 21, 2012.
Upon a motion by Limont, second by De Luna, and 5-0 vote of the
Planning Commission, the Minutes of February 21, 2012, were approved
as presented.
VII. CONSENT CALENDAR
None
Vill. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL of recommendation to the City Council for
General Plan Amendment and Change of Zone for a parcel on the Hillside
to Open Space for conservation, and a Change of Zone for four
properties for conformance with the existing General Plan Land Use
designation. Case Nos. GPA AND C/Z 12-76 (City of Palm Desert,
Applicant).
Mr. Bagato stated this was a General Plan Amendment for one property and
a Change of Zone to all four. He said staff has identified properties whose
General Plan designations were changed, but the Zoning Map revisions
never followed the changes; therefore, this was more of a housekeeping or
cleanup process. He pointed out the Legal Notices attached to the staff
report identifies all four areas as Exhibit A, which was an error. The Exhibit
titles have been changed and are identified as Exhibits A through D, which
are also attached to the staff report. He displayed all Exhibits and highlighted
the recommended changes, which are as follows: 1) Exhibit A is for property
at Gerald Ford Drive, Cook Street, and Frank Sinatra Drive. It is referred to
as the University area. It is currently designated Public Facility/University in
the General Plan, but was never changed to Public Institution on the zoning
map. It is zoned PR-5 and staff is requesting to change it to Public (P); 2)
Exhibit B is a 19-acre site on the east side of Portola Avenue that was part of
the Desert Willow Master Plan and designated Resort/Hotel Commercial; it
was initially shown as a sports complex for the Big League Dreams, before
that project got built in Cathedral City. However, it's currently zoned Single-
Family/Mobile Home, and under the Resort Commercial designation, you
can still have residential development, but more for a Planned Community
that fits with the rest of the Desert Willow Master Plan. Therefore, staff is
requesting a Change of Zone from R-1-M to PR-5, which is consistent with
'r�
MINUTES
PALM DESERT PLANNING COMMISSION MARCH 6, 2012
IEf
X.
the Desert Willow Master Plan; 3) Exhibit C is related to the Housing
Element discussion that the City Council recently acted on. In 2009, the
Housing Element was updated and, as part of the requirement by State law,
the City was to change the property's zoning. However, staff realized a
couple of weeks ago that this area identified as Parcel B in the Housing
Element was not changed. It is currently zoned PR-5, and it's one of the
sites on which the City is supposed to have developed about 600 dwelling
units. Therefore, staff is recommending a change from PR-5 to PR-22 to be
consistent with the Housing Element; 4) Exhibit D is a Hillside Planned
Residential property in the Cahuilla Hills. Currently it is designated Hillside
Residential in the General Plan and Zoning Ordinance; however, the
property was purchased with the intent of only being used for Open Space
Conservation. Staff is recommending a Change of Zone to Open Space to
meet the intended use of the purchase. In conclusion, he recommended the
Planning Commission provide approval of the proposed General Plan
Amendment and Changes of Zone. He offered to answer any questions.
Chair Campbell declared the public hearing open and invited public testimony
FAVORING or OPPOSING this matter. With no public testimony offered, phe"
declared the public hearing closed.
Commissioner Limont stated the case was well explained, it all made
tremendous good sense, and she was in favor.
Action:
Commissioner Limont moved, by Minute Motion, to approve GPA and C/Z
12-76. Motion was seconded by De Luna and carried by a 5-0 vote.
Commissioner Limont moved
Commission Resolution No. 2584,
De Luna and carried by a 5-0 vote.
MISCELLANEOUS
None
to waive further reading and Adopt Planning
GPA and C/Z 12-26. Motion was seconded by
COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
None
B. PARKS & RECREATION
None
3
Date
City Address
Attention City Councilors' and Planning & Development,
As an owner of an executive home on Windflower we are adamantly
opposed to the new development adjacent the College View Estate property.
We have experienced a very strong neighborhood atmosphere on and around
our street and feel that our executive neighborhood is one of the nicer more
desirable mature areas of Palm Springs. Now with the proposed re -planning,
we feel that our neighborhood atmosphere will diminish significantly.
Considering that the residents of this proposed development may have lower
income, limited means of transportation and unsteady employment, a
neighborhood with nothing to do promotes devaluation and mischief. The
result of a high density project like that one proposed will bring a dark cloud
over the neighborhood. With the claustrophobic, negative feel you are
proposing, we fear a significant decrease of our very positive current
neighborhood atmosphere. Given the outcome of the devaluation of
properties from 2008 to now, another blow to the neighborhood with the
proposed developments, is a formula for another ghetto.
Again, we adamantly oppose the rezoning and further development of the
property adjacent to the College View Estate property.
We are a neighborhood, don't change it to your proposed ghetto.
Sincerely.
https://0uzepg.bay.livefilestore.comly1mExjgDjjxzyz fY9Wnldj20wgPgZgRFo_vNZzOdp... 5/30/2012
City of Palm Desert Legal Notice Case No. C/Z 12-76
There was a Public Hearing on May 24th and due to the residence concerned
they are having a meeting this Wednesday May 30th at 3:00 to 5:00. This
Case is a request for approval of a Change of Zone from Planned
Residential-5 to Planned Residential-20. APN 694-300-001, 694-300-0055
694-310-005. Location: Gerald Ford Drive, vacant land totaling 35 acres
between the Riverside County Sheriff Station and Portola Avenue to the
east.
WE, THE FOLLOWING HOMEOWNERS, DO NOT WANT THE ZONE
CHANGE. THE CHANGE WILL HAVE A DRAMATIC EFFECT ON
OUR PROPERTY VALUES IN THE DOWNWARD DIRECTION.
Ho eowner Name Address Phone
y - A RD_ - 3
Yv U v-a 0-1((Af '
ia4t)ees, 710-1,-,, ScAolqv to,-i, �,r) 7(--p-3qQ-/
lvem&wrW&7
Lu u4L M91 0' 3y(9-10%7
34o
_
va
r �h u 740 v ON W ft • 5 30
&,f M/s. Ke*ac+w �,RE -7N1,DJ &HoLwLbj. rxj- FU 74,0 -774.-7/l 3
7(0 - 3 51 a S(
/qo s cy�'�✓E' i�o k�s- T �r64 "V Z -3 5— GJt AJr /_ a- c-J e.c �ot ll
1-liA114"►Jd ItAcbPt MlVly %4u 146 3 _VC-lft'w, l/el>}@ (.1-."- l (P0' ("( ) ' / l 1-5
�Ar.
AnW4f,en
---------
City of Palm Desert Legal Notice Case No. C/Z 12-76
There was a Public Hearing on May 24th and due to the residence concerned
they are having a meeting this Wednesday May 30th at 3:00 to 5:00. This
Case is a request for approval of a Change of Zone from Planned
Residential-5 to Planned Residential-20. APN 694-300-001, 694-300-0055
694-310-005. Location: Gerald Ford Drive, vacant land totaling 35 acres
between the Riverside County Sheriff Station and Portola Avenue to the
east.
WE, THE FOLLOWING HOMEOWNERS, DO NOT WANT THE ZONE
CHANGE. THE CHANGE WILL HAVE A DRAMATIC EFFECT ON
OUR PROPERTY VALUES IN THE DOWNWARD DIRECTION.
Homeowner Name _ Address Phone
GERALD FORD DR
z
P.R.-5 P.R.-5
W
u-[T
p SCHOLAR LN W SCHOLAFt LN E
Tn-FFFI--/l
694310005
WINDFLOWER CT
f -
W C
JULIE LN Ct
Q'
Q
---uj
JERI LN �I
P.R.-5 °--j, I I j 0
COSMOPOLITAN LN
Proposed
Zoning
PORTOLA POINTE LN Change
IMFPrR.-S_w PR 5
TO
PR 20
CITY COUNCIL
ORDINANCE NO. 1240A
Date:
TN/City of Palm Desert
General Plan/Housing Element
Exhibit 1
Sites to be Rezoned
Housing Element
II1-50