City Council
MEETING DATE: 4/13/2016
TITLE:
Title
Change of Zone No. 16-001 Open Space Residential to Open Space
End
FROM:
Pat Milos, Community Development Director
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve the associated exemption to the California Environmental Quality Act (CEQA) pursuant to section 15601(b)(3) of the CEQA Guidelines; and waive further reading, read by title only and introduce for first reading an Ordinance adopting Change of Zone No. 16-001; or alternately waive further reading, read by title only and introduce for first reading an Ordinance adopting Change of Zone No. 16-001, excluding the property identified as APN 687-040-058.
Body
BACKGROUND:
The City of Cathedral City proposes a Change of Zone to amend the Official Zoning Map of the City from OS-R20-H (Open Space Residential with 20 acres minimum net lot size, with a Hillside Overlay) to the OS (Open Space) Zoning Designation for all of the properties zoned OS-R20-H generally located on the south side of East Palm Canyon Drive between the City boundary on the west and Bankside Drive on the east. A total of 14 properties (APNs: 681-300-010, -011, -012, 681-320-026, 687-460-011, -015, 687-040-058, -060, 687-510-002, -024, -029, -030, -049 and -053) of approximately 116 acres will be included in the proposed Change of Zone (attachment 1). The purpose of the Change of Zone is to clean up inconsistencies between the current zoning and existing conditions of the subject properties.
As detailed in the Planning Commission Staff Report (attachment 2) , the entire area included under the Change of Zone is made up of environmentally sensitive lands as a result of terrain conditions, flooding potential, wildland fire hazard risk, and location within protected species habitat areas. The environmental conditions that exist on the area are not conducive to urban development or construction of houses. The Change of Zone would prohibit future residential development.
Two of the subject properties are split between the OS-R20-H and the PCC (Planned Community Commercial) districts. Both properties have existing development located within the OS-R20-H zoned portions of the property. This is likely the result of a mapping error on the City’s Zoning Map. City staff will correct the error in a later action to clean up other inconsistencies throughout the City on the City’s Zoning Map.
The western-most property (APN 681-300-011) included in the Change of Zone is occupied by one single-family residence. Since the OS zone does not permit residential uses, the existing residence will be nonconforming.
DISCUSSION:
On March 16, 2016, the Planning Commission voted 6-0 to recommend approval of Change of Zone No. 16-001 with two conditions; 1) the existing single-family residence remain legal, conforming and 2) the vacant property identified as APN 687-040-058 be excluded from the Change of Zone, as requested by the property owner.
Staff supports the Commission's condition to have the existing single-family residence, located south of the Glory to God church facility, remain legal, conforming, allowing it to be reconstructed in the event that it was destroyed or abandoned. If Council approves the Change of Zone, staff will proceed with the necessary Zoning Ordinance Amendment.
In regards to condition 2, the property owner requested at the Planning Commission meeting that the property, which is currently vacant and unimproved, be excluded from the proposed Change of Zone, and retain the current zoning designation, thus, allowing for future residential development as noted in a 2006 agreement with the former City Redevelopment Agency.
Staff has researched Planning entitlement records and has found no approved entitlements for the property, which were required to be obtained within 12 months of the execution of the aforementioned agreement.
Staff has prepared two versions of the City Council ordinance approving Change of Zone No. 16-001; the first version includes all 14 properties as originally proposed (attachment 4) and the second version excludes the property identified as APN 687-040-058 as conditioned by the Planning Commission (attachment 5).
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Project Area Map
2. Planning Commission Staff Report
3. Planning Commission Resolution (amended)
4. City Council Ordinance - A
5. City Council Ordinance - B
6. Ordinance Exhibit A
7. Shadow Valley Heights OPA