Planning Commission
MEETING DATE: 9/21/2016
Title
CASE NO. Specific Plan Amendment No. 97-55B, General Plan Amendment No. 16-003,Change of Zone No. 16-003
APPLICANT: City of Cathedral City
LOCATION: Rio Vista Village/Verano (SP 97-55), North of Vista Chino, West of Landau Blvd.
End
STAFF PLANNER:
David Leonard, Contract Planner
RECOMMENDATION:
Recommendation
ADOPT RESOLUTIONS recommending that the City Council adopt an Ordinance approving Specific Plan Amendment No. 97-55B, General Plan Amendment No. (GPA) 16-003, and Change of Zone No. (CZ) 16-003, and approve the associated Negative Declaration
Body
REQUEST:
APPROVAL of a Specific Plan Amendment to 1.) Amend the text of the MF-4 land use category; and 2.) Allow a density transfer between Planning Area 1.1 and Planning Area 2.2.
FINDINGS:
RECOMMEND THAT THE CITY COUNCIL APPROVE THE NEGATIVE DECLARATION based on the following:
1. The record as a whole, including the initial study and any comments received, demonstrates that no substantial evidence exists that the project will have a significant effect on the environment;
2. The Negative Declaration reflects the lead agency’s independent judgment and analysis;
No mitigation measures are required for this action; and
The Cathedral City Community Development Department is the custodian of the documents or other material that constitute the record of proceedings upon which this decision is based.
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF THE ATTACHED RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT NO. SPA 97-55B based on the following findings:
1. The Planning Commission considered all of the evidence submitted into the administrative record, which includes, but is not limited to: a) the Staff Report prepared for the Planning Commission by the Contract Planner; b) the Staff presentation; c) public comments, both oral and written, received and/or submitted at, or prior to, the public hearing/meeting supporting and/or opposing the staff recommendation; and d) testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at, or prior to, the public hearing/meeting; and
2. The proposed Specific Plan Amendment is consistent with the established goals, policies and objectives in the Rio Vista Village Specific Plan because the amendment retains all development regulations, standards, and guidelines; and
3. The proposed Specific Plan Amendment is necessary and proper at this time because the overall number of dwelling units will not change, and it is not likely to be detrimental to the adjacent property or residents because infrastructure services are in place.
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE ATTACHED RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 16-003, based on the following findings:
1. The proposed amendment is in conformance with the goals, policies, and objectives of the Cathedral City General Plan because the goals, policies, and objectives default to the Rio Vista Village Specific Plan;
2. The proposed amendment includes land use designations that are consistent with current Cathedral City General Plan and with the intent and purpose of the Rio Vista Village Specific Plan designations; and
3. The proposed amendment is consistent with existing development in the area and is not likely to be detrimental to the adjacent properties or residents based on the nature of adjoining land uses to the affected Planning Areas and the overall number of dwelling units will not change.
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE ATTACHED RESOLUTION ADOPTING CHANGE OF ZONE NO. 16-003, based on the following findings:
1. The proposed zoning ordinance amendment is consistent with the Goals and Policies of the Cathedral City General Plan, and the intent and purpose of the Rio Vista Village Specific Plan.
2. The provisions of the proposed amendment will have less than a significant impact on the environment because the overall number of dwelling units will not change, infrastructure services are already in place, and the proposed densities are compatible for adjoining school and recreation activities.
3. In arriving at its decision, the Planning Commission has considered all testimony, written and oral, submitted in relation to this proposal.
BACKGROUND:
“Verano” at Rio Vista Village is a residential development guided by the Rio Vista Village Specific Plan (Specific Plan) originally approved in 1997. The Specific Plan sets forth land use requirements, development standards, design guidelines, and implementation plans to guide development within the Specific Plan area. Portions of the Verano development have been constructed since adoption of the Specific Plan.
Tract 28639-1 was recorded over the entire Rio Vista Village project area to organize the project area based on the Rio Vista Village Specific Plan Land Use Plan. In some cases, Tract 28639-1 combined multiple Planning Areas into individual tract lots. The map also facilitated the relocation of the elementary school site contrary to the location shown on the specific plan land use map.
Proposed Specific Plan Text Amendment
The City Council adopted the 2013-2021 update to the City’s Housing Element in November 2013. It was then forwarded to the California Department of Housing and Community Development (HCD) for their review of its conformance with state law. HCD indicated in June 2014 that further action by the City was needed to fully address the requirements of state law.
These actions included revising the General Plan High Density Residential (RH) land use designation to include up to 24 dwelling units per acre (DUA) and to require a minimum of 20 DUA within the Specific Plan’s MF-4 land use category. On December 10, 2014, the City Council approved these actions and, by its adoption of Ordinance 745, designated Planning Area 1.1 within the Specific Plan as MF-4. HCD subsequently certified the City’s Housing Element.
The Rio Vista Village Specific Plan is unique in that it limits the maximum number of residences that may be developed within the overall Verano Community to 1,362 units even though the range of units designated within each residential category totals more than 1,745 units. The Specific Plan originally provided this flexibility to address changing market conditions. Designating Planning Area 1.1 as MF-4 under the revised requirements restricts the intended flexibility and places an undue burden on the property. Staff is recommending that the MF-4 land use category regulations be amended to delete the minimum dwelling unit requirement while retaining the maximum (“not to exceed”) number of dwelling units allowed per acre, consistent with the other residential land use categories in the Rio Vista Specific Plan.
ANALYSIS:
Proposed Density Transfer
The proposed text revision would also enable a density transfer under this proposed amendment. The density within Planning Area 1.1 would be reduced by 29 units and the density within Planning Area 2.2 would be increased by 29 units. The resulting density within Planning Area 1.1 would be reduced from 20 units per acre to 18.4 units per acre. The total number of units allowed within this Planning Area would be 333 units. The MF-4 Land Use Category would not change.
The density within Planning Area 2.2 would be increased from 6.5 units per acre to 8.21 units per acre for a total of 58 units. The Land Use Category for the site would change from R-6 (5.5 du/ac) to R-2 (15 du/ac). This request is justified by existing development on adjoining lands that includes an elementary school and a community recreational facility and the presence of adequate infrastructure to support the additional 29 units. This proposed density transfer would concentrate population within walking distance to these facilities of units while not exceeding the overall maximum number of units of 1362.
It should be noted that under Tract 28639, Planning Area 2.2 was combined with Planning Area 2.5 as Lot 293. Planning Area 2.2 includes a 13,264 SF retention basin and Planning Area 2.5 consists of a retention basin and entry landscaping. Both basins must remain under any future development plan.
Proposed General Plan Amendment
Traditionally, specific plans stand on their own with customized land uses, regulations, and guidelines. In this instance, City-wide General Plan designations are applied to the Rio Vista Village Specific Plan area. The current designation for Planning Areas 1.1 and 2.2 is Low density Residential (RL) having a density range of 2 to 4.5 units per acre. The proposed amendment would establish the High Density Residential designation on Planning Area 1.1 and Medium Density Residential on Planning Area 2.2.
Proposed Change of Zone
The zone change reflects the text amendment for PA 1.1 and the change in Zoning District from R-6 to R-2 in Planning Area 2.2
DISCUSSION:
Proposed Specific Plan Text Amendment
The proposed action to amend the Rio Vista Village Specific Plan text modifies only the MF-4 land use category. All references to a required minimum number of dwelling units within this category would be removed while retaining the maximum number of dwelling units allowed consistent with current regulations for the other residential land use categories within the Specific Plan. The Planning Commission’s consideration of this proposal is independent from a concurrent but separate activity by staff to review the General Plan and zoning ordinance for consistency with the City’s Housing Element as certified by HCD.
The existing and proposed Rio Vista Village Specific Plan designation for Planning Area 1.1 is MF-4 as adopted under Ordinance 745.
The proposed Rio Vista Village Specific Plan amendment proposes the following text changes as referenced by section number:
1. Section 4.33 is revised as follows:
Lower densities are permitted within any planning area than in addition to those listed in the Planning Area plan (Exhibit 4-D) except Planning Area 1.1.
2. Section 5.1.1A. is revised as follows:
Within all residential planning areas, except Planning Area 1.1:
3. Section 5.1.1C. is revised as follows:
Within use classification “MF-2” in Planning Area 1.2 1.0:
4. Section 5.1.1D. is revised as follows:
D. Within use classification MF-4 in Planning Area 1.1:
Attached dwellings, either condominiums or rental, and related recreational and support uses.
D. Assisted care facilities in Planning Area 2.2
5. Section 5.2.2L is revised as follows:
MULTI-FAMILY PROJECTS: In all circumstances where this specific plan is silent on an issue of development standards for multi-family projects, refer to the applicable section of the R-3 or R4 regulations of the Zoning Code.
5.2.1 ALLOWABLE DENSITIES BY LOT SIZE. (NO CHANGES PROPOSED)
TYPE USE SYMBOL MAX. DENSITY MIN AREA (SF)
DU.AC
SFD R-4 8 4000
SFD R-5 6.5 5000
SFD R-6 5.5 6000
SFD R-8 4.5 8000
TYPE USE SYMBOL MAX. DENSITY MIN AREA (SF)
DU.AC
CLUSTER SFD R-2 15 2000
RENTALS MF-2 20
MF-4 24
ATTACHED SFD ASF-4 15
Planning Area 1.1 is designated as MF-4. The maximum density for the MF-4 land use category is 24 DU/AC, consistent with the General Plan designation of RH and as shown in Exhibits 4-D and 4-E of the approved Specific Plan. The proposed amendment removes the required minimum number of dwelling units per acre. All other requirements remain in effect.
EXHIBIT 4-D (ORIGINAL PLAN)
Existing Plan
Planning Areas 2.2 and a portion of 2.3 were reconfigured to reflect Lot 292 of Tract 28639-1 and has been developed as Rio Vista Elementary School. Planning Areas 2.5 and the remaining portion of 2.3 have been reconfigured to reflect Lot 293 of Tract 28639-1 and the designation was changed from R-5 to R-6. This lot is primarily vacant, with development of a detention basin and entry landscaping within Planning Area 2.5
Proposed Density Transfer
Exhibit 4-E illustrates the proposed plan featuring the density transfer. It should be noted that Planning Area 2.2 was initially planned to be developed as the elementary school site. That designation was later moved to Planning Area 2.3, resulting in the elementary school location that exists today. It also demonstrated prior use of a density or land use transfer while maintaining the orderly development of the overall specific plan.
The Specific Plan states that a density transfer must be approved by the Planning Commission and the following findings must be made:
A. The transfer (PA 1.1) and receiving (PA 2.2) Planning Areas are properly designated residential Planning Areas within the Rio Vista Village Specific Plan.
Planning Area 1.1 is designated as MF-4 allowing Multiple Family residential development and Planning Area 2.2 is designated R-6 (R-2 proposed) that allows single family residential development. The proposed R-2 is needed to accommodate the density of 8.21 units per acre.
B. The transfer and receiving Planning Areas will comply with all development standards and requirements of this specific plan and other applicable regulations.
No development plans have been submitted for Planning Area 1.1, but future plans will be required to comply with the development standards of the specific plan. A development application has been submitted (Tentative Tract Map 37124) for Planning Area 2.2 and will be required to comply with the development standards of the specific plan.
C. The transfer and receiving Planning Areas will accommodate such density adjustments in terms of serving infrastructure and no adverse environmental impacts will result from such transfer.
All infrastructure service are constructed and in place with the capability of serving the transferring and receiving properties. The extension of these services within Planning Area 2.2 will be part of the review of Tentative Tract Map 37124.
D. Information, as determined necessary by the Planning Manager, to determine zoning, Specific Plan, and General Plan consistency shall be submitted identifying the impacts and ability to accommodate any increase or decrease in density on both transfer and receiving Planning Areas.
General Plan and Zoning Maps do not reflect the Rio Vista Village Specific Plan approvals in place. Therefore, a general plan Amendment and Change of Zone are included in this action to reconcile all designations for the properties in question.
E. Subdivision maps proposing a unit/density transfer shall be accompanied by revised Specific Plan maps and land use tables to account for the resulting density adjustments. Such adjustments are within the intent of the Specific Plan and, if consistent with the above provisions and findings, shall not require amendment to the plan.
The proposed specific plan amendment precedes action on a tentative map and includes revised maps and land use tables to reflect the proposed density transfer. The proposed density transfer does no conflict with the intent of the specific plan to promote the Ahwahnee Principles that promote non-vehicular modes of travel within the community.
EXHIBIT 4-E (PROPOSED PLAN)
The table in Exhibit 4-D shows the overall Rio Vista Village Specific Plan land uses, including acreages, permitted densities, and dwelling units. A maximum of 1362 units are permitted, exclusive of permitted second units. The 1,745 unit count represents the aggregate total of the maximum units allowed in every planning area. In practice, however, as individual planning areas are approved, the cumulative total will be monitored by the City’s Community Development Department. Density/unit transfers show the adjustment between Planning Area 1.1 and 2.2 to ensure that no more than the allowable 1,362 are approved.
COMMUNITY / COMMON AREAS
LAND USE DESIG. LAND USE DESCRIPTION
VC Village Commons 2.88
ROW Street Right of Way 36.65
DA Detention Basin Area 11.30
BSE A Blowsand Easement A 26.41
BSE B Blowsand Maint. Easement B 1.19
Subtotal: 78.43
PLANNING AREAS
Land Use Land use Acres Density Maximum
PA 1.0 Designation Description Allowable Units
1.1 MF-4 Multi-Family 18.10 24 333
1.2 MF-2 Multi-Family 14.61 20 292
1.3 R-6 Residential- Single Family 4.95 5.5 27
1.4 R-6 Residential- Single Family 5.73 5.5 32
1.5 R-6 Residential- Single Family 1.96 5.5 11
1.6 Theme Feature Park 0.44 0
1.7 Future Landau Dedication 3.92 0
1.8 C (R) Commercial (Reserved) 4.69 0
Subtotal: 54.40 695
PA 2.0
2.1 R-5 Residential- Single Family 13.23 6.5 86
2.2 R-2 Residential- Single Family 4.49 15.0 58
2.3 ES Elementary School 10.00 0
2.4 REC Water Park Recreation 4.07 0
2.5 C-I Commercial-Institutional 3.03 0
Subtotal: 34.82 144
PA 3.0
3.1 R-4.5 Residential- Single Family 16.86 8 135
3.2 R-4.5 Residential- Single Family 8.80 8 69
3.2 R-4.5 Residential- Single Family 8.84 8 72
Subtotal: 34.38 275
PA 4.0
4.1 R-7 Residential- Single Family 8.88 5.5 49
4.2 R-7 Residential- Single Family 8.65 5.5 48
4.3 R-7 Residential- Single Family 14.00 5.5 77
Subtotal: 31.53 173
PA 5.0
5.1 R-4.5 Residential- Single Family 17.15 8 137
5.2 R-4.5 Residential- Single Family 8.80 8 70
5.3 R-8.5 Residential- Single Family 1.56 4.5 7
5.4 R-8.5 Residential- Single Family 5.73 4.5 26
Subtotal 33.24 240
PA 6.0
6.1 R-8.5 Residential- Single Family 1.91 4.5 9
6.2 R-8.5 Residential- Single Family 5.73 4.5 26
6.3 R-6 Residential- Single Family 8.80 6.5 57
6.4 R-6 Residential- Single Family 3.21 6.5 21
6.5 R-6 Residential- Single Family 16.17 6.5 105
Subtotal 35.82 218
Total: 302.62 *1745
ENVIRONMENTAL ANALYSIS:
ENVIRONMENTAL AND TRIBAL REVIEW:
An initial study was prepared that identified no new mitigation measures. Therefore staff is recommending adoption of a Negative Declaration.
The General Plan and Specific Plan Amendments trigger a Tribal review under SB 18. The cases were transmitted to local and regional Tribes to initiate a 90-day consultation period in compliance with SB 18. The period commenced on March 8 and ended on June 8, 2016. Replies were received from the Soboba Band of Luiseno Indians who deferred to the Aqua Caliente Band of Cahuilla Indians. The Agua Caliente Tribes responded with no comments but asked to be updated on the project as it progresses.
Any case requiring an Initial Study with an environmental determination require Tribal notification under AB 52, involving those Tribes that have formally requested this notification. The cases were transmitted on August 1, 2016 to the four Tribes who had requested notification. Follow-up requests were sent by staff to the Tribes on August 26, 2016. One reply was received from the Agua Caliente Band of Cahuilla Indians, who requested the following:
1. A cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in this area.
2. Copies of any cultural resource documentation (report and site records) generated in connection with this project.
3. The presence of an approved Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.
These measures will be imposed on Tentative Tract 37124 where ground disturbance would result from the approval and implementation of that subdivision.
AIRPORT LAND USE COMMISSION
The entire Rio Vista Village Specific Plan Area lies within the airport influence zone of the Palm Springs International Airport. Any project within the influence zone is subject to a review by the Airport Land Use Commission, (ALUC). The project site it located in the most distant portion of the influence zone, Zone ‘E’. There are no use restrictions on residential development, but major sports stadiums, amphitheaters, and concert halls are discouraged. Additional review would be required for any structures or air space obstructions standing 100 feet or higher. Staff has submitted an application for an administrative ALUC review. The outcome of that review will be reported to the City Council.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code, state law, and CEQA.
ATTACHMENTS:
1. Planning Commission Resolution
2. Initial Study/Negative Declaration
3. Public Hearing Notice