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HomeMy WebLinkAbout9/4/2013 - STAFF REPORTS - 1.B. Judy Deertrack 1333 South Belardo Road,Apt 510 Palm Springs, CA 92264 Home Phone: 760 325 4290 Email: judyftudydeertrack.00m Wednesday, September 4 2013 To the City Council Palm Springs, California Re: Agenda Item 1 B Case 5.1301 GPA Eliminating Closed Ranges/Retaining Density Caps City Council Hearing September 4, 2013 To the Honorable City Council: Thank you for the opportunity to comment, and as always, thank you for your work on behalf of the City of Palm Springs. I have made earlier commentary on the pending Dakota Project, Agenda Item 2F for Adoption of Ordinance No. 1827 (PDO), on today's agenda. I assume that the general plan amendment being processed today is related to that action, since it was initiated simultaneously to public commentary letters on the very issue of minimum thresholds and the housing impacts initiated therefrom. I would like to reinforce my recommendation to the City Council that it is not in the best interest of either the City in general or the goal of diversified housing to senior citizens, low income workers, labor and the service population to eliminate the baseline requirements for high density housing. Eliminating the requirement in the general plan designation of high-density housing (HDR) allows the city to approve projects in multi-family and other sensitive areas without accountability to the minimum requirement that there be at least fifteen units per acre, which allows for lower rents or housing costs. Most of the rental units for service workers, labor, elders and low-income senior citizens are created within this designation, and by eliminating density requirements, the groups are adversely affected. Further, the City has used the minimum threshold of fifteen units per acre within the high-density classification used to meet its fair share housing requirements with the State of California. In its calculations with Housing and Community Development (HCD), the City was credited with affordable housing numbers because it used these classifications to ensure that an average housing density of 22 units per acre would result in building out high density residential using the spread of 15 — 30 units per acre. To change the calculation at this point would be to undermine or change the representation that enough housing has been set aside for lower income people to satisfy State requirements and the needs of a growing population. Agenda Item 1C on today's agenda references the relocation of seven separate parcels to multi-family residential and high density residential classifications. It appears that this transfer may be a response to the choice to eliminate minimum thresholds. It is critical, for purposes of public information, that the staff report and findings reference the reasons and impacts of these transfers, and how it relates to meeting the State requirements of low-cost and diversified housing for all members of the community. Thank you for allowing me to comment. Wdh gard, fy Juci< fee ck l/� Lgw Offices ofBabak Naficy F! 2: 4; ; . September 3, 2013 F Via US Mail and Email City of Palm Springs, c/o City Clerk City Council of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 cityclerk@palmsprings-ca.gov Steve.Pougnet(a nalmsprings-ca.gov Chris.Millsapalmsprines-ca.gov Ginny.FoatCa,,nalmsprines-ca.gov Rick.Hutcheson(&,Valmsprings-ca.gov Paul.Lewin@palmspringsca.gov 1504 Marsh Street San Luis Obispo RE: September 4, 2013 Agenda Item I.B, proposal to eliminate minimum California 93401 density requirements in land use designations. ph:805-593-0926 fax:805-593-0946 Honorable City Councilmembers, babaknaficy®sbcg lobal.net I write to you on behalf of People for Proper Planning ("PFPP") in connection with the above-referenced agenda item. As I understand it, the City intends to eliminate the minimum density requirements for all residential land use designations, including High- density Residential ("HDR") designation, which is intended to accommodate multi- family housing. PFPP is opposed to this General Plan Amendment("GPA") because it is contrary to state law and could have the unintended consequence of discouraging low income housing. The proposed GPA makes a mockery of California planning law by making it possible for the City to approve any residential project on any land designated for high density residential. For example, under the proposed GPA, the City could approve a single mansion on land designated as high density, regardless of the density cap. This policy would therefore prevent the City from ensuring the housing stock would include high- density, multifamily and low-income residential developments. State law requires the City to maintain an adequate stock of appropriately designated land to foster the development of adequate housing, including low-and medium-income housing. Cal Gov. Code § 65863. The legislature intends that all cities and counties "should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need." Cal Gov. Code § 65584. To this end, the regional housing allocation plan is intended to increase housing supply and promote affordability. Ibid. pd ii ovw l Ma* -i 11 .�3. 9lylZ3 City of Palm Springs Palm Springs City Council September 3, 2013 Page 2 of 4 Further, Government Code Section 65863 provides that: No city, county, or city and county shall, by administrative, quasi-judicial, legislative, or other action, reduce, or require or permit the reduction of,the residential density for any parcel to, or allow development of any parcel at, a lower residential density, as defined in paragraphs (1) and (2) of subdivision (g), unless the city, county, or city and county makes written findings supported by substantial evidence of both of the following: (1) The reduction is consistent with the adopted general plan, including the housing element. (2) The remaining sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. The proposed GPA effectively amounts to a reduction of the residential density within the meaning of the statute for all affected parcels. As the City has already approved residential development at densities lower than those designated by the General Plan land use element, the City has already violated Gov. Code sec. 65863. This does not mean, however, that the City can adopt the GPA (i.e. "eliminate closed ranges,"as the staff has described the proposed action) without making the findings required by Gov. Code Section 65863. The Staff Report makes no attempt to explain whyproposed GPA is needed or whether it is consistent with the General Plan or State law. The Staff Report for this item is unique in its brevity and lack of analysis. It makes no attempt to explain why the proposed elimination of the "closed range", or minimum density requirements is necessary, desirable from a policy perspective, or whether it would be consistent with the goals and policies of the General Plan. In this regard,the Staff Report merely opines that it would be "equally appropriate"to have an open lower range of densities across all residential land use designations and zones. There is no discussion, for example, of the City's responsibility to accommodate its share of the regional housing needs, or what effect, if any, the elimination of the minimum zoning densities may have on the City's stock of multifamily or other typically higher density, more affordable housing. The proposed action could very well thwart the development of multifamily residential developments in the City. This is exactly what happened when the City approved the Crescendo project. That project was originally proposed as a high-density condominium project, but was subsequently approved as a residential sub-division pursuant to the proposed policy of eliminating the minimum density requirement. The City has made no attempt to consider whether this trend could continue under the proposed GPA. City of Palm Springs Palm Springs City Council September 3,2013 Page 3 of 4 The City has also made no attempt to analyze what effect, if any,the proposed GPA would have on land values and the corresponding effect on the development of low-income housing in the City. The proposed GPA could also have the unintended consequence of driving up the cost of raw land if it turns out that land that can be developed without minimum density requirements is more valuable to developers. Obviously, higher land values can negatively affect the future development of low-income housing in the City. The Project is not exempt under CEOA. The City apparently intends to approve the proposed GPA without any environmental review under CEQA. This is a mistake, because the proposed action does not qualify as a "minor alteration to land use limitations" as the term is defined in CEQA Guideline §15305. Moreover, the GPA is capable of adversely affecting the environment within the meaning of CEQA. CEQA Guideline §15305 explains that: Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; (b) Issuance of minor encroachment permits; (c) Reversion to acreage in accordance with the Subdivision Map Act. The proposed action does not qualify as a Class 5 exemption because it will result in a change in density by eliminating all minimum densities. Accordingly,the City may not approve the proposed GPA without conducting adequate environmental review under CEQA. The proposed GPA is not exempt from CEQA also because it is capable of causing adverse environmental impacts. For example, as explained above, the proposed action may retard the future development of low-income housing by driving up the cost of developing low-income housing. If the City's stock of work-force housing does not grow at the same rate as the City's hospitality and other industries, the City's labor force would increasingly be forced to find housing in the surrounding communities. This would have a negative impact on the environment by increasing the number of vehicle miles travelled (VMTs), which would in turn degrade air quality by causing higher tailpipe emissions (e.g., PM, NOx, ROG, CO). City of Palm Springs Palm Springs City Council September 3, 2013 Page 4 of 4 Conclusion The City Council has a solemn duty to abide by state law, and serve all residents of Palm Springs, regardless of their income or political clout. Eliminating the minimum density requirements may serve the business interest of a few, but it would be against State law and will not benefit the City's laborers,the elderly or others with low or fixed income. On its face,the proposed GPA is inconsistent with the General Plan which recognizes that "[a]s the City continues to grow, it will be important to ensure a variety of future residential development is available to the senior population, first-time homebuyers, and the City's labor force." For all of the foregoing reasons, I urge you not to approve the proposed GPA. Sincerely, Babak Naficy, Counsel for People for Proper Planning CC. Lisa Bates, Deputy Director Dept. of Housing and Comm. Dev. Division of Housing Policy Development {o 9ALMSb iy O V N t • yc 4 Oq�F4p RN�p' CITY COUNCIL STAFF REPORT DATE: September 4, 2013 Public Hearing SUBJECT: APPLICATION BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT IN LAND USE CATEGORIES ELIMINATING CLOSED RANGES AND RETAINING DENSITY CAPS (CASE 5.1301 GPA). FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY The General Plan Land Use Element delineates the types of land uses allowed in the various categories. There are five residential categories. The density of development allowed in each category is discussed with the primary emphasis being on the upper limit. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077 REVISING RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED RANGES." STAFF ANALYSIS: Currently the language in the General Plan sets both the upper and lower limits for residential land use categories. An equally appropriate option is to allow an open lower range, still maintaining an upper density maximum. The specific changes showing language to be removed and added are shown in Exhibit "A" attached. The Planning Commission unanimously recommended approval of the subject amendment. ITEM NO. ,� City Council Staff Report September 4, 2013-- Page 2 Case 5.1301 GPA— Land Use Categories FISCAL IMPACT: None. ENVIRONMENT ASSESSMENT: Staff has determined this action to allow lower densities within existing land use categories to be a Class 5 Categorical Exemption Minor Alterations in Land Use Limitations under the California Environmental Quality Act as the proposed change reflects past and current practice and retains existing density maximum standards. M. Margo Wheeler, A P Director of Planning Services David H. Ready, City r Attachment: 1. Draft Resolution 02 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077 REVISING RESIDENTIAL LAND USE CATEGORIES BY ELIMINATING CLOSED RANGES. WHEREAS, the current General Plan of the City provides for closed ranges of development density allowed in each residential land use category in the City. These ranges include both a minimum as well as maximum density allowed in each land use category. WHEREAS, the past and current practice of the City, including without limitation, the City Council, the City Council, and the Director of Planning, is to consider only the maximum density allowed within each land category and consider and approve lower density project. WHEREAS, the City Council has approved several projects that have been less than the minimum provided in the General Plan for each residential land use category. WHEREAS, it is the desire of the City Council that the General Plan of the City be amended that the minimum density requirements for each residential land use designation be removed. WHEREAS, Palm Springs is a charter city organized under the laws of the State of California and zoning regulations of the City are not required to be consistent with the General Plan, however, it is the desire of the Planning Commission that the General Plan ensure consistent and fair administration of the City's land use policies and programs. WHEREAS, that the said action is a Class 5 Categorical Exemption Minor Alterations in Land Use Limitations under the California Environmental Quality Act (CEQA). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE that, based upon the foregoing, to amend the General Plan of the City of Palm Springs revising residential land use categories by eliminating closed ranges as shown in Exhibit "A". ADOPTED THIS 4TH DAY OF SEPTEMBER 2013. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 03 City Council Resolution No. Case 5.1301 GPA— Land Use Element Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 4, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 04 City Council Resolution September 4,2013 Case 5.1301 GPA—Land Use Categories EXHIBIT "A" LAND USE ELEMENT Zoning RESIDENTIAL LAND USES GR5 Estate Residential (0 - 2.0 dwelling units per acre). The Estate Residential designatien pFevides f9F the development of IaFge let, single fam"'y FesidenGes that aFe Gusten; in design. This designation is predominantly located in areas adjacent to the City's hillsides, reflecting the natural and environmental constraints that must be addressed there. minim- rn Int n of A 000 n e feet n est r nnh u nit ' R-1 AH Very Low Density Residential (2:4 up to - 4.0 dwelling units per acre). The R-1A Very Low Density residential is the most prevalent land use designation is the most R-1 B prevalent land use designation within the City, representing typical single-family detached residential development I nt n this land use designation general! feet. and other uses allowed by code. R r1 Low Density Residential (4.4 Up to - 6.0 dwelling units per acre). Similar to the R-1D Very Low Density Residential designation, the Low Density Residential designation also represents "typical" single-family detached residential development T#is feet- and other uses allowed by code. RGA(6) Medium Density Residential (6:4 Up to - 15.0 dwelling units per acre). This RGA(8) residential land use category accommodates a range of residential housing types, R-2 including single-family attached, single-family detached, common interest RMPH subdivisions, patio homes, duplexes, townhomes, multiple-family, and mobile home projects and other uses as allowed by code. High Density Residential (44.4 up to 30 dwelling units per acre). Typical R-3 development in this category would include duplexes, townhomes, and apartments. R-4 R4VIP net Wted en Indian I aF;d) as Inns as they ar4e GOR60steRt with the einniCn^nt design, rkin OF trekie nth to the SUFFOUn.din si dent'..I aeighber+ieed and other uses as allowed by code. 05 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION go Date: September 4, 2013 Subject: Case 5.1301 — GPA—Amend Land Use Categories AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on September 24, 2013. 1d''e``clare under penalty of perjury that the foregoing is true and correct. 1 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk and on August 22, 2013. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie , CMC Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on August 22, 2013, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (6 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk 06 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 760-7784578/Fax 760-7784731 2013 A,UG 27 Arl 9, 23 State Of California ss: County of Riverside NOTICE OF PUBLIC HEARING CITY COUNCIL Advertiser: CITY OF PALM SPRINGS CASE 5.1301 GPA CITY OF PALM SPRINGS/LEGALS APPLICATION BY THE CITY OF PALM SPRINGS PO BOX 2743 FOR A GENERAL PLAN AMENDMENT PALM SPRINGS CA 922632 IN LAND USE CATEGORIES NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,California,will hold a public hearing 2000376965 at its meeting of September 4, 2013. The City Council •meeting begins at 6:00 p.m. in the Council Chamber at City Hall,3200 East Tahquitz Canyon Way,Palm,Springs. The purpose of the hearing is to consider an application by the City of Palm Springs to amend the City's General Plan I am over the age of 18 years old, a citizen of the United Land Use Element to modify certain land use categories. States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared ENVIRONMENTAL DETERMINATION: The City of in said newspaper (set in type not smaller than non panel) Palm Springs, in its capacity as the Lead Agency, in each and entire issue of said newspaper and not in any - under the California Environmental Quality Act (CEQA) supplement thereof on the following dales,to wit: has determined that the proposed General Plan text amendment is Categorically Exempt under Section Newspaper: .The Desert Sun 15305 of the State CEQA Guidelines. The proposed amendments would provide for a minor alteration of the land use limitations in the City's land use regulations,but 8/24/2013 would not increase land use densities or intensities. REVIEW OF INFORMATION:The staff report and other supporting documents regarding this item are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk(760)323-8204 if you I acknowledge that I am a principal clerk of the printer of would like toschedule an appointment to review these The Desert Sun, printed and published weekly in the City documents. of Palm Springs, County of Riverside, State of California. COMMENTS: Response to this notice may be made The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the verbally at the Public Hearing and/or in writing before County of Riverside, State of California Case No. the hearing.Written comments may be made to the City 191236. Council by letter(for mail or hand delivery)to: James Thompson,City Clerk I declare under penally of perjury that the foregoing is true 3200 E.Tahquitz Canyon Way and correct. Executed on-tk� 24th day of August, 2013 in Palm Springs,CA 92262 Palm Springs,Catifomia./!/J Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at,or prior to, the public hearing. (Government Code Section 65009[b] [2]). pi�clara Signatur An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this y1,1V,` case may be directed to M. Margo Wheeler, Director of 1 K Planning Services,at(760)323-8245. Si necesita ayuda con esta carts, por favor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefonc(760)323-8245. James Thompson,City Clerk 6ZZT S6E 008 L slage1twoo'Wg'MMM :sn jaeluoZ) :ai!sgaMmo ji.siA nm REPS MR PETE MORUZZI G ' H SDTOR C COM AND REP-0d-0 PALM SPRINGS MODERN COMMITTEE x P.O. BOX 4738 PALM SPRINGS,CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1301 PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS VERIFICATION NOTICE�-0-0 ATTN SECRETARY/5.1301 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AOUAIGALIgNTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA 1NDIANS-b-9-0-0-0-0 INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE, ATTN:JOSEPH ONTIVEROS LLP ATTN: RICHARD C.WADE, PARALEGAL INTERESTED PARTIES-0-0-0 - CULTURAL RESOURCES MANAGER P.O. BOX 487 7424 4 STREET NW SAN JACINTO, CA 92581 LOS RANCHOS DE ALBUQUEROUE, NM 87107 SPONSORS -0-0-0-0-0 1`v NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1301 GPA APPLICATION BY THE CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT IN LAND USE CATEGORIES NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 4, 2013. The City Council meeting begins at 6:000 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by the City of Palm Springs to amend the City's General Plan Land Use Element to modify certain land use categories. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the Lead Agency, under the California Environmental Quality Act (CEQA) has determined that the proposed General Plan text amendment is Categorically Exempt under Section 15305 of the State CEQA Guidelines. The proposed amendments would provide for a minor alteration of the land use limitations in the City's land use regulations, but would not increase land use densities or intensities. REVIEW OF INFORMATION: The staff report and other supporting documents regarding this item are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENTS: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter(for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to M. Margo Wheeler, Director of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompso�Citylerk 07