HomeMy WebLinkAbout2083ORDINANCE NO. 2083
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541
CZ, CHANGE OF ZONE, TO AMEND THE CURRENT SPLIT
ZONE DESIGNATIONS OF 'CENTRAL BUSINESS
DISTRICT' (CBD) AND 'LIMITED MULTIPLE -FAMILY
RESIDENTIAL' (R-2) TO 'RETAIL BUSINESS' (C-1)
ENTIRELY FOR A PROPOSED MIXED -USE PROJECT
WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM
UNITS AND A 5.411-SQUARE-FOOT COMMERCIAL
SPACE ON 2.4-ACRE UNDEVELOPED PARCELS
LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE
CBD/R-2, SECTION 10.
City Attorney's Summary
This ordinance amends the split -zone designations of certain
property located at 575 North Palm Canyon Drive from
'Central Business District' (CBD) and 'Limited Multiple Family
Residential' (R-2) entirely to 'Retail Business' (C-1) in order to
permit the development of twenty-four (24) residential
condominium units and a 5,411 square foot commercial space
on 2.4-acre undeveloped parcels. The ordinance also makes
certain findings required by the Palm Springs Municipal Code
for zoning changes to land.
WHEREAS, Old Las Palmas Partners, LLC, (the "Applicant") has filed Case 5.1541
CZ, Change of Zone (CZ), Case TTM 38190, Tentative Tract Map (TTM), Case 6.560
VAR, Variance, and Case 3.4191 MAJ/DEV, Major Development Permit, applications in
accordance with Sections 94.07.00 (Change of Zone), 9.60 (Subdivision of Land —
General Provision), 94.06.00 (Variance), and 94.04.01 (Development Permit) of the Plan
Springs Zoning and Municipal Codes for a proposed mixed -use project which includes 24
residential condominium units and a 5,411-square-foot commercial space on 2.4-acre
undeveloped parcels located at 575 North Palm Canyon Drive; and
WHEREAS the current zone designations of the project site are 'Central Business
District' (CBD) and 'Limited Multiple -Family Residential' (R-2); and
WHEREAS the applicant has requested a Change of Zone (CZ) from the current
'Central Business District' (CBD) and 'Limited Multiple -Family Residential' (R-2) to 'Retail
Business' (C-1) entirely; and
WHEREAS, on December 14, 2022, a public hearing on Case 5.1541 CZ, Case
TTM 38190, and Case 6.560 VAR was held by the Planning Commission in accordance
' with applicable law; the Planning Commission voted 5-1-1 (Moruzzi absent, Roberts
abstained) to continue the project to a date uncertain and form a subcommittee which
Ordinance No. 2083
Page 2
consisted of Commissioners Miller, Hirschbein, and Aylaian to assist the applicant. Case
3.4191 MAJ/DEV was not subject to a public hearing; and ,
WHEREAS, on February 8, 2023, a public hearing on Case 5.1541 CZ, Case TTM
38190, and Case 6.560 VAR was held by the Planning Commission in accordance with
applicable law; the Planning Commission voted 6-1 (Roberts absent) to approve Case
Nos. TTM 38190, 6.560 VAR, and 3.4191 MAJ/DEV subject to conditions of approval and
to recommend approval of Case 5.1541 CZ to the City Council; and
WHEREAS the proposed project is considered a "project" pursuant to the terms of
the California Environmental Quality Act ("CEQA"), and an Initial Study/Mitigated
Negative Declaration (IS/MND) has been prepared for this project and has been
distributed for public review and comment in accordance with CEQA; and
WHEREAS, on March 9, 2023, the City Council held a duly noticed public hearing
on the Project in accordance with applicable law. The City Council carefully reviewed
and considered all of the evidence presented in connection with the hearing on the
Project, including but not limited to the staff report, all environmental data including the
IS/MND prepared for the project and all written and oral testimony presented, and found
the IS/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 than
significant levels; and
WHEREAS, at the conclusion of the March 9, 2023, public hearing, the City ,
Council introduced and waived further reading of this Ordinance adopting the final MND
and to change the current zoning designation of the subject property from 'Central
Business District' (CBD) and 'Limited Multiple Family Residential' (R-2) entirely to 'Retail
Business' (C-1).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the recitals 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. 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". -
The proposed change of zone is in conformity with the general plan map and
report.
The General Plan land use designation of the site is CBD (Central Business
District). The project proposes to change the site's current split zone designations
of CBD (Central Business District) and R-2 (Limited Multiple -Family Residential)
Ordinance No. 2083
Page 3
to C-1 (Retail Business) entirely. Mixed -use developments are permitted by right
in the C-1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35),
and it is consistent with the intent of the CBD General Plan land use designation
area which encourages a mix of commercial and residential uses (Palm Springs
2007 General Plan, page 2-7). The proposed project meets the General Plan
density requirement of the CBD land use designation area as well.
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.
Mixed -use developments are permitted by right in the C-1 Zone per Palm Springs
Zoning Code (PSZC) Section 92.12.01(A)(35), and the C-1 Zone allows a variety
of retail uses by right as demonstrated in PSZC Section 92.12.01(A). The 2.4-acre
project site area far exceeds the minimum lot size requirement of the C-1 Zone.
The proposed residential and commercial uses are compatible with the site's
surrounding uses, which include single/multi-family residential and
commercial/professional.
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 site's zone designation is currently split (CBD & R-2 Zones). The approval of
the Change of Zone will allow future development and land uses at the site to be
governed under the regulations of one zone entirely, which allows more seamless
and consistent development throughout the site. A majority of the properties on
both sides of North Palm Canyon Drive between Alejo Road and East Vista Chino
are zoned C-1, and only five parcels on the west side of North Palm Canyon Drive
are zoned CBD in the section. The approval of the Change of Zone will result in
the extension of the C-1 Zone designation along North Palm Canyon Drive, and
the proposed uses are compatible with the site's surroundings.
SECTION 3. Pursuant to California Law, this Ordinance was introduced at first
reading on March 9, 2023, and adopted at second reading on April 10, 2023 for the
approval of Case 5.1541 CZ Change of Zone and the Mitigated Negative Declaration.
SECTION 4. The City Council hereby adopts this Ordinance to amend the current
zone designations of the project site, 575 North Palm Canyon Drive, from 'Central
Business District' (CBD) and Limited Multiple -Family Residential (R-2) to'Retail Business'
(C-1) entirely, subject to conditions of approval as outlined in attached Exhibit "A".
SECTION 5.A Mitigated Negative Declaration (MIND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
The City Council finds that, with the incorporation of mitigation measures, the
implementation of the project will have a less than significant impact on the environment.
The City Council independently reviewed and considered the information contained in the
Ordinance No. 2083
Page 4
MND prior to its review of this Project and the MND reflects the City Council's independent
judgment and analysis.
SECTION 4. 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 10TH DAY OF APRIL. 2023.
Grace Elena Grace
Mayor
ATTEST:
22L:n,-
Brenda Pree
City Clerk
Ordinance No. 2083
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA FREE, City Clerk of the City of Palm Springs, California, do hereby certify
that Ordinance No. 2083 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on March 9, 2023, and adopted at a regular meeting
of the City Council held on April 10, 2023 by the following vote:
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tem Bernstein,
Mayor Garner
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 JZ day of A°`� ;1 , 2023.
/4�
' Brenda Pree, MMC,CERA, City Clerk
City of Palm Springs, California
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