HomeMy WebLinkAbout2069ORDINANCE NO. 2069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1527 CZ,
CHANGE OF ZONE, TO AMEND THE CURRENT ZONING
DESIGNATION OF 'SINGLE FAMILY RESIDENTIAL (R-1-D)'
(7,500-SQUARE FOOT LOT) TO 'SINGLE-FAMILY RESIDENTIAL
(R-1-E)' (5,000-SQUARE FOOT LOT) FOR THE SUBDIVISION OF
A 6.44-ACRE LOT INTO THIRTY-ONE (31) SINGLE-FAMILY
RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT THE
EAST TERMINUS OF VERONA ROAD.
City Attorney's Summary
This ordinance amends the zoning designation of certain property
located at the east terminus of Verona Road from `Single Family
Residential (R-1-D)' (7,500 square foot lot minimum) to `Single
Family Residential' (R-1-E)' (5,000 square foot lot minimum) in
order to permit the subdivision of thirty-one (31) single-family
residential parcels for development to R-1-E zoning standards. The
ordinance also makes certain findings required by the Palm Springs
Municipal Code for zoning changes to land.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. Casa Verona LLC/Mark Temple, ("Applicant") has submitted applications
with the City pursuant to Chapter 94.07.00 of Palm Springs Zoning Code for a
Change of Zone request to change the current zoning designation of the subject
parcel from single-family residential R-1-D (7,500-square foot lot) to R-1-E
(5,000-square foot lot) and pursuant to Chapter 9.62 of the City's Municipal Code
for a Tentative Tract Map (TTM 38042), to subdivide the vacant 6.44-acre parcel
into thirty-one (31) single-family residential lots for the purpose of constructing
new homes (APN 677-020-032) ("Project").
B. The Project is considered a "project" by the California Environmental
Quality Act (CEQA).
C. On March 29, 2022, the City issued a Notice of Intent (NO[) to adopt a
Mitigated Negative Declaration (MND). The NOI was circulated to responsible
agencies and interested groups and individuals for review and comment. An
Initial Study (IS) was prepared by the Altum Group and circulated for a 20-day
public review period from April 1 to April 20, 2022.
D. The City received no written comments on the circulated MND and a
Notice of Determination (NOD) was prepared and filed.
Ordinance No. 2069
Case No. 5.1527-CZ October 17, 2022
Page 2 of 6
E. On July 14, 2022, the Project was reviewed by the Riverside County
Airport Land Use Commission (ALUC) and was found consistent with the Airport
Compatibility Plan subject to conditions which have been incorporated in the final
Conditions of Approval for the Project.
F. On September 14, 2022, the Planning Commission held a duly noticed
public hearing where it reviewed the Project and voted 6-0-1 (absent, Aylaian) to
recommend approval of the request to change the current zoning designation of
single-family residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot
lot); recommend adoption of a Mitigated Negative Declaration; and recommend
approval of a Tentative Tract Map to subdivide a 6.44-acre parcel into thirty-one
(31) lots.
G. On October 17, 2022, the City Council held a duly noticed public hearing
on the Project in accordance with applicable law. The City Council carefully
reviewed and considered the information contained in the MND, all of the
evidence presented in connection with the meetings on the Project including, but
not limited to, staff reports on all aspects of the Project, and all written and oral
testimony presented, and found the MND to be in compliance with CEQA and
found that any potentially significant environmental impacts outlined in the report
will be adequately mitigated to less that significant levels.
H. At the conclusion of the October 17, 2022 public hearing, introduced and
waived further reading of this Ordinance adopting the final MND and to change
the current zoning designation of single-family residential R-1-D (7,500-square
foot lot) to R-1-E (5,000-square foot lot), and approved by separate resolution a
Tentative Tract Map to subdivide the 6.44-acre Project parcel into thirty-one (31)
residential lots, subject to adoption of this Ordinance.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1:
The City Council hereby finds that the Project/this Ordinance is considered a
"project" pursuant to the California Environmental Quality Act (CEQA). An Initial
Study has been prepared for the Project that evaluates the potential
environmental impacts of the Project resulting in a Mitigated Negative
Declaration (MND). The City Council has reviewed and considered the
information in the Initial Study and hereby certifies the final Mitigated Negative
Declaration in accordance with CEQA.
SECTION 2:
Pursuant to Zoning Code Section 94.07.00(A) — "the council in reviewing a
proposed change of zone shall consider whether the following conditions exist in
reference to the proposed zoning of the subject property":
Ordinance No. 2069
Case No. 5.1527-CZ October 17, 2022
Page 3 of 6
1. The proposed change of zone is in conformity with the general plan map
and report.
The requested change of zone is from R-1-D (7,500-square foot lot) to R-1-E
(5,000-square foot lot); the General Plan designation of the property is LDR (Low
Density Residential), which permits a density range of 4.1 to 6.0 dwelling units
per acre. The proposed change of zone would be in conformity with the general
plan land use designation given that the goal of the General Plan is to provide for
neighborhood -related residential uses in the area. The proposed change of zone
is being made in accordance with the procedures set forth in State Planning law
and the change of zone hearings are being held in accordance with applicable
laws.
The proposed change of zone will not require an amendment to the General Plan
because the R-1-E zoning district is consistent with the LDR designation, which is
for low density residential uses. The proposed change of zone will result in the
creation of thirty-one (31) lots, which is consistent with the general plan for the
low density of the subject site allowing twenty-six (26) to thirty-eight (38) units at
this site. The Tentative Tract Map shows the street and parcel layouts with
required water retention basins resulting in the proposed thirty-one (31) lots with
limit area to increase the number.
The City of Palm Springs General Plan provides a series of goals and objectives
in the Housing Element. The approval of the requested Change of Zone will
further advance the following:
Goal HS1 — Facilitate a broad range of housing types, prices, and
opportunities to address current and future housing needs in the
community.
• HS1 — Provide adequate residential sites to accommodate new
housing through land use, zoning, and specific plan
designations.
• HS1.4 — Review and revise development standards as available
land continues to diminish and housing demand increases, the
City will need to consider higher density housing opportunities,
particularly on underutilized land.
The proposed Change of Zone will allow for smaller lots and greater density
housing as stated in the General Plan goals and objectives.
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and
council.
The application proposes thirty-one (31) lots each of which are conforming to the
minimum size and dimensional requirements for the R-1-E zone. The area in
Ordinance No. 2069
Case No. 5.1527-CZ October 17, 2022
Page 4 of 6
which the subject 6.44-acre parcel is in the Gene Autry and Whitewater
neighborhoods consisting primarily of single-family residences and the proposed
development is consistent with the current development patterns. The
development is served by the existing East Verona Road which will be extended
to meet the development and will be well integrated into the fabric of the area.
Therefore, the property is adequate in size and consistent with surrounding
development as demonstrated by the new subdivision and suitable for the uses
permitted in the proposed zone.
3. The proposed change of zone is necessary and proper at this time and is
not likely to be detrimental to the adjacent property or residents.
The proposed Change of Zone of the approximately 6.44-acre parcel to R-1-E is
proper at this time given that the parcel has remained undeveloped. The
proposed change will allow the property to be developed appropriately and
thereby help the City to meet its stated housing goals and needs by increasing
density. The proposed zone change will not have adverse effects on existing and
future surrounding land uses given that future properties and existing homes to
the west, north and south of the site are also residential uses. The potential use
of zero -lot line development will be separated from adjacent land uses due to the
physical location of the lot at the terminus of East Verona Road and the existing
Whitewater Channel. The change of zone request allows consistency in
development patterns and proposed uses that are similar to those in adjacent
parcels. The parcels to the south are currently undeveloped and by making the
Change of Zone at this time, future development patterns may emerge that are
complementary and consistent with one another. For these reasons, the change
of zone is necessary and proper at this time and poses no detrimental impact on
adjacent properties.
SECTION 3:
Pursuant to California Law, this ordinance was introduced at first reading on
October 17, 2022 and adopted at second reading on October 27, 2022 for the
approval of Case 5.1527-CZ Change of Zone and the Mitigated Negative
Declaration.
SECTION 4:
The City Council adopts an ordinance to amend the City's zoning map to change
the zoning designation from R-1-D (Single -Family Residential — 7,500 square
feet) to R-1-E (Single -Family Residential - 5,000 square feet) for an undeveloped
6.44-acre site located at the east terminus of Verona Road, subject to the
conditions of approval as outlined in attached Exhibit "A."
Ordinance No. 2069
Case No. 5.1527-CZ
Page 5 of 6
SECTION 5:
October 17. 2022
Effective Date: This Ordinance shall be in full force and effect thirty (30) days
after passage.
SECTION 6:
Publication: The City Clerk is hereby ordered to and directed to certify to the
passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in
accordance with law.
ADOPTED this 27th day of October 2022.
Lisa Middleton
Mayor
ATTEST:
D
Brenda Nee, MMC, CERA
City Clerk
Ordinance No. 2069
Case No. 5.1527-CZ
Page 6 of 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
October 17, 2022
I, BRENDA FREE, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 2069 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on October 17, 2022, by
the following vote:
AYES: Councilmember Holstege, Mayor Pro Tern Garner, Councilmember
Kors, Woods and Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: Councilmember Holstege
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Palm Springs, California, this 17th ay of October 2022
A,—�
B n Pee, City Clerk
City of Palm Springs, California