HomeMy WebLinkAbout2019ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PLANNED DEVELOPMENT
DISTRICT 58 (PDD 58) TO INCLUDE A 3.53-ACRE PORTION
OF THE PARKER PALM SPRINGS PROPERTY CURRENTLY
ZONED R-3 INTO THE PLANNED DEVELOPMENT DISTRICT
58 IN LIEU OF A CHANGE OF ZONE (CASE 5.927 PDD 58
AMENDMENT).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Brandon McCurley, on behalf of Parker Palm Springs II, LLC ("Applicant"),
filed a Planned Development (PDD) application with the Department of Planning Services
of the City of Palm Springs, seeking approval to amend Planned Development District 58
(PDD 58) for a thirty-two (32)-unit hotel addition and accessory uses with a maximum
height not to exceed two (2)-stories, associated parking lots, and landscaping on the
undeveloped 3.7-acre portion of the property, in addition to the inclusion of a 3.53-acre
parcel currently zoned R-3 into Planned Development District 58 in lieu of a Change of
Zone pursuant to Palm Springs Zoning Code Section 94.03.00 (Planned Development
District).
B. The proposed activity associated with the above applications ("Project") is
considered a "project" pursuant to the terms of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA").
C. Pursuant to Section 15332 of Tile 14, Chapter 3 of the California Code of
Regulations (Class 32, "In -Fill Development Projects"), the proposed project is
categorically exempt from the California Environmental Quality Act (CEQA) due to the
following reasons: 1) The proposed hotel and accessory uses are consistent with the
intent of the Tourist Resort Commercial (TRC) General Plan land use designation; 2) The
zone designation of the project area is Planned Development District 58 (PDD 58) which
permits hotel and accessory uses and the project area is less than five (5) acres; 3) The
current zone designation of the parcel, proposed to be included in PDD 58, is R-3
(Multiple -Family Residential and Hotel Zone) in which Resort Hotels and accessory uses
are permitted by right; 4) The project site is surrounded by existing developments in an
urban setting, and the site has no value as habitat for endangered, rare, or threatened
species; 5) A majority of the project parcel is developed, and the project site can be
adequately served by all required utilities and public services; 6) The project will not alter
the use of the property, and it will not create any significant impact on air and water quality;
and 7) The Parker Hall Trip Generation Assessment concludes that the anticipated traffic
impact does not meet the threshold of significant impact, and the Parker Palm Springs
Noise Assessment study states that potential operation noise associated with the project
will conform to the noise level regulations stipulated in the City of Palm Springs Noise
Ordinance (Palm Springs Municipal Code Chapter 11.74).
D. On January 8, 2020, the Planning Commission reviewed Case 5.927 PDD
Ordinance No. 2019
Page 2
58 AMENDMENT and voted 4-0-0 for the item to be continued for further review after
determining that obtaining additional input from the residents of the Canyon Sands, Seven
Lakes, and Oasis Report communities and incorporating their feedback into the project
design would be appropriate.
E. On January 21, 2020, the applicant held a community outreach meeting,
which involved the representatives from the Canyon Sands, Seven Lakes, and Oasis
Resort communities and revised the original development plans according to the
comments and concerns presented by the community representatives.
F. On February 12, 2020, the Planning Commission reviewed Case 5.927
PDD 58 AMENDMENT and voted 6-0-1 (Absent) to recommend approval of the project
to the City Council subject to conditions of approval.
G. Notice of public hearing of the City Council of the City of Palm Springs to
consider the Project, Case 5.927 PDD 58 AMENDMENT, was given in accordance with
applicable law for the meeting of March 19, 2020.
H. On March 19, 2020, a public hearing on the application for the project was
held by the City Council in accordance with applicable law.
I. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the proposed amendment to Planned
Development District 58 (PDD 58), including, but not limited to, the staff report, and all
written and oral testimony presented.
J. The City Council finds that approval of the proposed amendment to Planned
Development District 58 (PDD 58) in lieu of a Change of Zone would:
1. Achieve consistency in the land use designation of the entire Parker
Palm Springs property (APNs: 681-150-002 & 681-150-009), which
is currently subject to the regulations of Planned Development
District 58 (PDD 58) and the R-3 (Multiple -Family Residential and
Hotel Zone) Zone.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Ordinance.
SECTION 2. Amend Planned Development District 58 (PDD 58) to include the
3.53-acre portion of the Parker Palm Springs property currently zoned R-3 into Planned
Development District 58 (PDD 58) in lieu of a Change of Zone as shown in Attachment
#4 of the Staff Report.
Ordinance No. 2019
Page 3
SECTION 3. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision thereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 4. Pursuant to Section 15332 of Tile 14, Chapter 3 of the California
Code of Regulations (Class 32, "In -Fill Development Projects"), the proposed project is
categorically exempt from the California Environmental Quality Act (CEQA) due to the
following reasons: 1) The proposed hotel and accessory uses are consistent with the
intent of the Tourist Resort Commercial (TRC) General Plan land use designation; 2) The
zone designation of the project area is Planned Development District 58 (PDD 58) which
permits hotel and accessory uses and the project area is less than five (5) acres; 3) The
current zone designation of the parcel, proposed to be included in PDD 58, is R-3
(Multiple -Family Residential and Hotel Zone) in which Resort Hotels and accessory uses
are permitted by right; 4) The project site is surrounded by existing developments in an
urban setting, and the site has no value as habitat for endangered, rare, or threatened
species; 5) A majority of the project parcel is developed, and the project site can be
adequately served by all required utilities and public services; 6) The project will not alter
the use of the property, and it will not create any significant impact on air and water quality;
and 7) The Parker Hall Trip Generation Assessment concludes that the anticipated traffic
impact does not meet the threshold of significant impact, and the Parker Palm Springs
Noise Assessment study states that potential operation noise associated with the project
will conform to the noise level regulations stipulated in the City of Palm Springs Noise
Ordinance (Palm Springs Municipal Code Chapter 11.74).
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 2ND DAY OF APRIL 2020.
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GEOFF KOR
MAYOR
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Ordinance No. 2019
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS)
CERTIFICATION
ss.
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2019 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on March 19, 2020 and adopted at a
regular meeting of the City Council held on April 2, 2020 by the following vote:
AYES:
Garner, Holstege, Middleton, Woods, and Mayor Kors
NOES:
None
ABSENT:
None
ABSTAIN:
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of zo z�
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