City Council
MEETING DATE: 1/24/2018
TITLE:
Title
General Plan Amendment No. 17-002, Change of Zone No. 17-003
End
FROM:
Robert Rodriguez, Planning Manager
RECOMMENDATION:
Recommendation
Staff recommends the City Council approve an exemption to the California Environmental Quality Act (CEQA) pursuant to Section No. 15061 (b)(3); and introduce the first reading of an ordinance, by title only, approving General Plan Amendment No. 17-002 and Change of Zone No. 17-003.
Body
BACKGROUND:
The applicant (George Baker representing Palm Canyon Group, LLC) submitted applications for a General Plan Amendment and Change of Zone on July 10, 2017 requesting the following: Parcel No. 1 (APN: 687-040-057), General Plan Amendment from RM (Medium Density Residential) to BP (Business Park) and Change of Zone from R-2 (Multiple Family Residential) to CBP-2 (Commercial Business Park); Parcel No. 2 (APN: 687-040-058), Change of Zone from OS-R20-H (Open Space Residential with 20 acres minimum net lot size, with a Hillside Overlay) to OS (Open Space). The general plan designation will remain the same, HR (Hillside Reserve).
The two vacant parcels are located on the south side of East Palm Canyon Drive, west of Bankside Drive. Parcel No. 1 is approximately 15.4 acres and Parcel No. 2 is approximately 10.8 acres (see Attachment 2). Both parcels were part of a previous approval for a planned unit residential development on the site.
In 2005, the property owner submitted applications for a General Plan Amendment (GPA 05-002), Change of Zone (CZ 05-003), Planned Unit Development (PUD 05-001) and Tentative Tract Map (TTM 33668) for the development of a 107-unit single family residential community on Parcel No. 1. At the time of the request, Parcel No. 1 was zoned CTR (Commercial, Tourist and Recreation), a zoning designation intended to accommodate commercial uses which serve the tourist trade including retail and service commercial uses, restaurants, hotels and motels and recreational facilities such as a golf course.
On October 26, 2005, the proposed development was approved by the City Council, amending the general plan designation of Parcel No. 1 from General Commercial (GC) to Medium Density Residential (RM) and changing the zoning designation from CTR to R2 (Multiple Family Residential). Additionally, the owner was provided an option to seek entitlements for three additional units on Parcel No. 2, which was zoned as today, OS-R20-H.
A significant portion of the hillside in this area of the City (to the western City limit) was similarly zoned, allowing for limited residential hillside development. However, on May 25, 2016, the City Council adopted an ordinance (Ordinance 778) changing the zoning designation for the area from OS-R20-H to OS (Open Space), thereby prohibiting future residential development. Parcel No. 2 was initially included in the proposed amendment. However, the owner requested that Parcel No. 2 be excluded.
The Planning Commission considered the item at the regularly scheduled meeting on December 6, 2017 and voted 3-1 to adopt the Resolution recommending that the City Council approve the General Plan Amendment and Change of Zone. Public comments were received, prior to and at the meeting, and have been attached (see Attachments 6 and 7).
DISCUSSION:
The property owner attempted to move forward with the project. However, in 2007, the residential market collapsed and the project was halted. The owner has continued to try to develop the project recently but due to additional development costs, new permit requirements and a weak residential market, the project has become too difficult and financially infeasible to complete in a timely manner.
Therefore, the applicant has decided to shift their business plan for the property to a commercial business park use. This will allow the applicant to take advantage of the property’s characteristics such as direct access to East Palm Canyon Drive and develop a successful business park development in a much shorter time frame. (see Attachment 1: Applicant’s Letter).
General Plan Consistency
Under the 2002 General Plan, Parcel No. 1 was determined to be suitable for commercial uses and was designated as CG (General Commercial) allowing for a variety of commercial uses through multiple zoning districts. The general plan amendment proposes to designate Parcel No. 1 as BP (Business Park), a designation intended for light industrial uses “compatible with neighboring residential and commercial uses”, including those uses of the CG designation.
In the time since the adoption of the General Plan, East Palm Canyon Drive has been widened and traffic signals added near the site, providing an improved level of service (LOS) to accommodate commercial usage and higher traffic flows. The site’s only access is to East Palm Canyon Drive which is designated as a major commercial arterial, and will minimize direct impacts on adjacent residential neighborhoods, complying with Policy 2 of the Commercial Goals, Policies and Programs of the General Plan.
Parcel No. 2 is designated as HR (Hillside Reserve) on the General Plan land use map and this is not proposed to change. The proposed change of zone is from OS-R20-H (Open Space Residential with 20 acres minimum net lot size, with a Hillside Overlay) to OS (Open Space), both zoning districts within the HR designation.
Zoning
The purpose and intent of the proposed CBP-2 zoning district is to “provide a land use area which creates a transition between office, commercial and light industrial uses. This district is intended to provide a stronger bridge between the commercial and light industrial use and to allow the establishment of business park areas of mixed uses composed of office, commercial and industrial uses.” The development of this site as commercial business park would be compatible with the existing commercial zoning and uses along East Palm Canyon Drive.
The intent of the proposed OS zone is to place land under this zoning when there are natural limitations such as potential for flooding or faulting that make it inappropriate for habitation or intensive development, and when property is under public control and intended for public uses and associated buildings. However, no residential development would be permitted. This zoning will be consistent with the adjacent hillside zoning recently adopted by the City.
ENVIRONMENTAL ANALYSIS:
This request is not associated with a development permit or the construction of any structures. Any application for development such as a Conditional Use Permit or Design Review would require the completion of an Initial Study in accordance with the California Environmental Quality Act (CEQA) to determine whether the project may have a significant effect on the environment. Because this request will not cause a direct physical change or a reasonably foreseeable indirect physical change in the environment, it is not a “project” subject to CEQA.
Nonetheless, the City has been made aware that the California Supreme Court has granted review in a case (Union of Medical Marijuana Patients v. City of San Diego) where the appellants assert that all zoning ordinances are de facto “projects” subject to the CEQA even if they will not cause a direct physical change or reasonably foreseeable indirect physical change in the environment. Even if this request were a project subject to CEQA, it would Categorically Exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
In accordance with Senate Bill 18, the project proposal was sent to California Native American tribes on August 22, 2017 for review and comment. Letters were received from five tribes indicating no further consultation was needed.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code, State Law and CEQA.
FISCAL IMPACT:
There is no fiscal impact related to this action.
ATTACHMENTS:
Attachment 1: Applicant’s Letter
Attachment 2: GPA/CZ Exhibit
Attachment 3: PC Resolution
Attachment 4: Proposed Ordinance
Attachment 5: Public Hearing Notice
Attachment 6: Planning Commission Minutes
Attachment 7: Written Public Comments