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HomeMy WebLinkAboutPC Resolution _6087- Case 5.1151- Zoning Text AmendmentRESOLUTION NO.6087 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AMENDING SECTION 94.06.01 (A)(5) OF THE PALM SPRINGS ZONING CODE TO ALLOW FRONT AND SIDE YARD SETBACKS ON MAJOR AND SECONDARY THOROUGHFARES TO BE REDUCED UP TO THE SAME AMOUNT AS FRONT AND SIDE YARD SETBACKS ON LOCAL/COLLECTOR STREETS THROUGH THE ADMINISTRATIVE MINOR MODIFICATION (AMM) PROCESS. WHEREAS, Section 94.06.01(A)(5) of the Palm Springs Zoning Ordinance establishes procedures for evaluating Minor Modifications; and WHEREAS, staff researched that neighborhoods on some Major and Secondary thoroughfares have front and side yard setbacks that are existing and non -conforming; and WHEREAS, currently the front and side yards on Major and Secondary thoroughfares can be reduced up to 20 percent through the Administrative Minor Modification process; the application of this standard makes it difficult to grant reduced front and side yard for single-family dwellings on existing and non -conforming lots located on Major and Secondary thoroughfares; and WHEREAS, Section 94.07.01 of the Zoning Ordinance sets forth procedures for modifying text within the Zoning Ordinance; and WHEREAS, on March 7, 2007 the City Council voted to direct staff to initiate a Zoning Ordinance Text Amendment to revise the regulations for granting administrative minor modifications to yard setbacks; and WHEREAS, on April 11, 2007 the Planning Commission conducted a duly noticed public hearing on said project at which hearing the Commission carefully reviewed and considered all of the evidence presented in connection with the public hearing on the project, including but not limited to the staff report and all written and oral testimony presented; and WHEREAS, this project has been declared categorically exempt from environmental review per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA); on April 11, 2007; and WHEREAS, The Planning Commission hereby finds that adoption of the proposed Zoning Text Amendment would: a. Allow a more consistent and effective application of the Zoning Ordinance, and 3 Planning Commission Resolution April 11, 2007 Case 5.1151 -- Zoning Text Amendment Page 2 of 2 b. Provide a more appropriate front and side yard reductions through the Administrative Minor Modification Process, and C. Enable sound criteria and justification to be found in support of minor modifications in the limited conditions for which they may be applied. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS; Section 1: That the Planning Commission hereby recommend to the City Council adoption of the draft ordinance to amend the Palm Springs Zoning Code regarding Administrative Minor Modification, as contained in Exhibit A, attached hereto and made a part of this resolution. ADOPTED this 11t' day of April 2007. AYES: 6 1 Ring lei n/Cohen/MarantzlHochanadel/Caffery/Scott NOES: None ABSENT: 1 1 Hutcheson ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA wing, Direr oPf nA rvices ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94.06.01 (A)(5) OF THE PALM SPRINGS ZONING CODE TO ALLOW FRONT AND SIDE YARD SETBACKS ON MAJOR AND SECONDARY THOROUGHFARES TO BE REDUCED UP TO THE SAME AMOUNT AS FRONT AND SIDE YARD SETBACKS ON LOCALICOLLECTOR STREETS THROUGH THE ADMINISTRATIVE MINOR MODIFICATION (AMM) PROCESS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Subsection A.5 of Section 94.06.01 of the Palm Springs Zoning Code is amended to read: a. Reduction of yards (including the placement of antennas in required yards) and distance between buildings, or increase in lot coverage, by not more than twenty (20) percent of the requirement of the zone. Single-family dwellings on Major and Secondary thoroughfares may be allowed reductions of front and side yards up to the amounts allowed for single- family dwellings located on local/collector streets in the same zone; SECTION 2. 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 AND ADOPTED THIS _. — DAY OF , 2007. AYES: NOES: ABSTAIN: ABSENT: ADOPTED this _. th day of April, 2007. RON ODEN, MAYOR ATTEST: City Clerk Ordinance No. 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, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California