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Home My WebLink AboutOrd 1240 CZ 12-76 20 Dwelling Units APNs 694-300-001, 694-300-005, and 694-310-005IVIEEPNG CATS R'CONTINUED TO CITY OF PALM DESgR-[] PASSES TO 2ND READING DEPARTMENT OF COMMUNITY D ontinue the matter to the meeting of June 14, 2012, with staff directed STAFF REPORT in the interim to meet with surrounding residents regarding their concerns for this zone change. REQUEST: APPROVAL OF CHANGE OF ZONE FROM PLANNED 441 RESIDENTIAL - 5 DWELLING UNITS PER ACRE (PR 5) TO(Finerty No) PLANNED RESIDENTIAL - 20 DWELLING UNITS PER ACRE (PR 20) IN COMPLIANCE WITH STATE LAW AND THE APPROVED HOUSING ELEMENT. APNS 694-300-001, 694-300-005, AND 694-310-005. SUBMITTED BY: Tony Bagato, Principal Planner APPLICANT: City of Palm Desert CASE NO(s): C/Z 12-76 DATE: May 24, 2012 CONTENTS: Ordinance No. 1240 , Exhibit A Legal Notice Recommendation Waive further reading and pass Ordinance No. 1240 to second reading approving Change of Zone 12-76 as described in Exhibit A, attached. Commission Recommendation On March 6, 2012, the Planning Commission reviewed the proposed request and recommended approval (5-0 vote). Background On April 12, 2012, the City Council continued a change of zone from Planned Residential — 5 dwelling units per acre (PR 5) to Planned Residential — 22 dwelling 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. When the item was continued, staff stated that options would be researched for changing the zone for this area. Staff has determined that since the area was identified in the Housing Element Staff Report Case No. C/Z 12-76 Page 2 of 2 April 12, 2012 approved by the State, the property must be rezoned to accommodate an increase in density in order to be compliant with State law. Staff was recommending twenty-two (22) units per acre, however, State Law only requires a minimum of twenty (20) per acre. Based on State Law, staff is recommending the change of zone be twenty (20) units per acre instead of twenty-two (22), and that the City Council approve C/Z 12-76 in accordance with the City's approved Housing Element and California State Law. 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. 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 Bagato,, ri cipal Planner Department Head: Lauri Aylaian, Director of Community Development Approval: M. Wohlmuth, City Manager GAPlanning\Tony Bagatc\Staff Reports\RDA Land\City Council\SR City Council Gerald Ford Properties.doc ORDINANCE NO.1240 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 day of , 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. 1240 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 GAPlanning\Tony Bagatc\Staff Reports\RDA Land\City Council\CC ORD Gerald Ford Properties.doc 2 ORDINANCE NO. 1240 EXHIBIT "A" CHANGE OF ZONE GERALD FORD DR PA-5 L PA- Lu ! e O ' P J / j ,� / f'f ' SCHOLAR LN W SCHOLAR LN E - - �l.l�fF �...� \ ....... 4300005 WINDFLOWER CT !`f,.("/!f 694300001 �C _JULIE LN CI JERI LN A P.R.-5 - ------- COSMOPOLITAN LN Proposed Zoning — PORTOLAPOINTELN Change IMlfcr:.-R, 5_w PR 5 To PR 20 City of Palm desert eALM Case No. CZ 12-76 CHANGE OF ZONE EXHIBIT A CITY COUNCIL ORDINANCE NO. Date: G:\Planning\Tony Bagato\Staff ReporWRDA Land\City Council\CC ORD Gerald Ford Properties.doc 3 73-5io FRIA) NVARING DRlvi PALm Lk,eri, CAI.uInl.1iA 9226o-2578 TEL:76o 346—o6ii 1AX:760 341-7098 '. 6d�6•: palm-dclon.oig CITY OF PALM DESERT LEGAL NOTICE CASE NO. C/Z 12-76 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council on Thursday, May 24, 2012 to consider a request by the City of Palm Desert for approval of a Change of Zone from Planned Residential-5 (PR 5) to Planned Residential-20 (PR 20). APNs 694-300-001, 694-300-005, 694-310-005. Location: Gerald Ford Drive, vacant land totaling 35 acres between the Riverside County Sheriff Station and Portola Avenue to the east. GERALD FORD DR / ' s _ ARA; @ P.R.-5 /. /� j� 694300N1 �i / I I.—IH- Q CI -J J � P. R: 5 C 1 L» �TT« Proposed Zoning Change w PR 5 I T. PR 20 City of Palm D.... t Case No. r 72-76 CIry COUNCIL ORDINANCE NO. CHANGE OF o"6 r EXHIBIT A PUBLIC HEARING: Said public hearing will be held before the City of Palm Desert City Council on Thursday, May 24, 2012 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK MAY 13T", 2012 CITY OF PALM DESERT, CALIFORNIA i Wasson, Rachelle From: Bagato, Tony Sent: Friday, May 18, 2012 2:44 PM To: Klassen, Rachelle Subject: Fwd: City Of Palm Desert Case No. CIZ 12-76 Rezoning from Res 5 to Res-20 College View Estates Rachelle, For the public hearing item next week. Tony Bagato Sent from iPhone Begin forwarded message: From: "Wightman, Melissa" <mwightmankcityofpalmdesert.org> Date: May 18, 2012 2:42:49 PM PDT To: "'sales&permacorp com"' <sales@permacorp.com> Cc: "Michelson, Wilma"<wmichelsongcityofpalmdesert.org>, WebsiteInfo <Website3 aicityofpalmdesert.org>, "Bagato, Tony" <tbagatogcityofpalmdesert.org> Subject: RE: City Of Palm Desert Case No. C/Z 12-76 Rezoning from Res 5 to Res-20 College View Estates Tony, Please see attached e-mail and include in City Council report. I believe this is your case. Missy Wightman, LEED AP City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Phone: (760) 346-0611 Fax: (760) 776-6=417 From: Sales [mailto:sales(ftermacorg com] Sent: Thursday, May 17, 2012 5:34 PM To: Wightman, Melissa; Celaya, Horacio; xuastew(daol.com Cc: CityhallMail Subject: City Of Palm Desert Case No. C/Z 12-76 Rezoning from Res 5 to Res-20 College View Estates CC: Robert A. Spienel, M_avor William Kroranen. Mayor Prima Tem Jean Nl_Benson.g2uncil Member Cindv Finerty. Council Member ,late Han3i, C owlcil Merrtrer �_ f Attention: City Council and Planning and Development As President of Snowbird Vacation Properties and owner of Property at 74111 Windflower Crt and one other property in Palm Desert, we strongly object and oppose any planned rezoning to Residential-20 of the proposed adjacent College View Estate Lands. We purchased this property and have met all or the Palm Desert guidelines, licenses and permits which permit our use of this property as an Executive Home and occasional short term Executive rental for our high net worth clients and corporate customers. To now be presented with a zoning change which would significantly impact density, desirability and impact property value erosion is very concerning from an equity and functional use perspective of owners, shareholders and clients. There are many alternate vacant lands which are much more suitable for high density zoning in the Palm Desert jurisdiction, and to consider the higher end private area communities such as College View Estates within the proposed planning process does not match long term community planning objectives in our perspective. The entire region is just now recovering from a massive reduction in equity and property value impacts from the 2008/2009 credit crisis and a proposal which would further impact those that have retained their properties in good standing or those of us who have purchased in good faith for long term property ownership is very concerning. As President and Representative of the shareholders of Snowbird Vacation Properties we unanimously oppose this proposal. All of our shareholders would have wanted to personally attend this meeting; however, as seasonal owners we missed the opportunity by 1 week having just left our home May 15, 2012. I would request that our comments be forwarded to all council members and to the planning and development office for communication at the meeting May 24, 2012 as SOUNDLY OPPOSING any such zoning changes in this Executive Planned Community and Area. On Behalf of Shareholders and Property Owners Sincerely, Manfred Schmidt - Principal salesQpermacorp.com www.permacorp.com PermaCor PermaRail Permacoat NoSource Prospace Bus:780.414.1838 Toll:808.514.9140 Coll:700,721.2561 Rut:780,423.1974 14646 -112 Avenue Edmonton, AB TSM 2T9 Lasting Cholce Solutions '" Klassen, Rachelle From: J. Miller Doy99708@yahoo.com] Sent: Monday, May 21, 2012 5:13 PM To: Klassen, Rachelle Subject: [SPAM] -RE: C/Z12-76 Attachment Attachments: Letter to Councilmembers.pdf City Clerk: Please include the attached letter to the council members for the meeting scheduled for Thursday regarding case # C/Z 12-76. Can you please also send me email addresses for the individual council members? Thank you, Joy Miller 74141 Windflower Ct. Palm Desert, CA 92211 907-378-9996 N n 3 r� IV arno -+Op 0 >0 rn d May 15, 2012 Councilmember City of Palm Desert 73510 Fred Waring Dr. Palm Desert, CA 92260 RE: Case # C/Z12-76 APN: 694-300-001, 694-300-005, 694-310-005 Dear Councilmember, Actions by the City of Palm Desert have been selfish and self-centered in relation to the property they obtained in a trade with a developer off of Shepard Lane. All of the surrounding property is zoned low density residential, but during planning for the Comprehensive General Plan in 2004 the city chose to include the parcels they owned in an extension of the Resort Hotel/Commercial land use in the hopes that they would be able to sell this land to Marriott. If a developer had owned this property and made a request to include this category in the Comprehensive General Plan, or had requested a rezone to high density residential it would never have been allowed. These actions are unreasonable for the neighborhood and smack of illegal Spot Zoning (see attached) and Spot Planning by the City of Palm Desert. More sensitive and thoughtful planning to preserve neighborhoods is required when dealing with admittedly daunting financial issues facing the city. From what I understand the city is planning this high density zoning in order to come into compliance with the State of California's requirement of 4500 low to moderate income housing units in order to retain road funding. One solution would be to look at the Comprehensive General Plan and rezone neighborhood properties that qualify for higher density zoning. Another solution would be to find properties to trade that would qualify for high density zoning. The residential neighborhood off of Shepard Lane would be extremely adversely affected by an unreasonable high -density rezone and not in keeping with the surrounding property uses. When we purchased our home on Windflower Court last September we researched the ownership and zoning for the vacant land behind us through our title agent. We were well aware that the zoning allowed low density residential P.R.-5 throughout the entire block from Gerald Ford to Portola to Frank Sinatra to Monterey and felt we could live with the fact that single family homes, in keeping with the neighborhood, would likely be built at some point in the future. We cannot live with the idea of high density dwelling units in this low density residential neighborhood. It is in your power to uphold and preserve neighborhoods. We would appreciate your thoughtful consideration and rejection of this unreasonable rezone. Sincerely, David and Joy Miller 74141 Windflower Ct. Palm Desert, CA 92211 (907) 479-3232