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Home My WebLink About21329 - RESOLUTIONS - 7/6/2005 RESOLUTION NO. 21329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT SO AS TO REDESIGNATE APPROXIMATELY 12 ACRES SOUTH OF CALLE DE RICARDO, NORTH OF CAMINO PAROCELA, EAST OF EL PLACER, AND WEST OF PASEO DOROTEA, FROM L-4 (LOW DENSITY RESIDENTIAL 4 UNITS PER ACRE) TO M15 (MEDIUM DENSITY RESIDENTIAL 12-15 UNITS PER ACRE) FOR THE PROPERTIES LOCATED AT 3760 CALLE DE CARLOS AND 4022 CALLE DE CARLOS AND THE SURROUNDING AREA AND REDESIGNATE A PORTION OF THE MESA TRACT BORDERED BY EL CAMINO TO THE NORTH, CAMINO CARMELITA TO THE SOUTH, SOUTH PALM CANYON TO THE EAST, AND MESA DRIVE TO THE WEST FROM L2 (LOW DENSITY RESIDENTIAL 2 UNITS PER ACRE) TO L4 (LOW DENSITY RESIDENTIAL 4 UNITS PER ACRE) FOR THE PROPERTY LOCATED AT 1901 SOUTH PALM CANYON DRIVE AND SURROUNDING AREA WHEREAS, Judy and Virgil Havener (the "applicant') has filed Case 5.1044 with the City for a General Plan Amendment to change the General Plan Map designation from LA to M15 for the properties located at 3760 Calle de Carlos, and 4022 Calle de Carlos and, WHEREAS, the City of Palm Springs (the "applicant') has expanded Case 5.1044 for a General Plan Amendment to the General Plan Map designation from L4 to M15 for approximately 12 acres, which includes the properties at 3760 Calle de Carlos, and 4022 Calle de Carlos; and WHEREAS, Bob and Rebecca La Venia (the "applicant') has filed Case 5.1043 with the City for a General Plan Amendment to change the General Plan Map designation from L2 to L4 for the property located at 1901 South Palm Canyon Drive; and WHEREAS, the City of Palm Springs (the "applicant') has expanded Case 5.1043 for a General Plan Amendment to the General Plan Map designation from L2 to L4 for the Mesa area (Exhibit A); and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1044 and 5.1043, requests to amend the General Plan - Land Use Element was given in accordance with applicable law; and WHEREAS, on June 8, 2005 a public hearing to consider Case No. 5.1044 and 5.1043 was held by the Planning Commission in accordance with applicable law; and Resolution No. 21329 Page 2 WHEREAS, on July 6, 2005 a public hearing to consider Case No. 5.1044 and 5.1043, ' requests to amend the General Plan - Land Use Element, was held by the City Council in accordance with applicable law; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act, an Environmental Assessment was prepared and staff found that the proposed project could not have a significant effect on the environment; and WHEREAS, the City Council has 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 written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA and with regards to Case No. 5.1044 and 5.1043, the City Council finds that the Initial Study and Negative Declaration adequately address the general setting of the project and its potentially significant impacts. Section 2: The Amendment to the General Plan Map will re-designate the L-4 (Low Density Residential) land use designation with the M15 (Medium Density Residential), for approximately 12 acres South of Calle De Ricardo, North , of Camino Parocela, East of El Placer, and West of Paseo Dorotea (Exhibit B). This will permit the allowed density to change from 3-4 units per acre to 12-15 units per acre, which is consistent with the existing Zone designation and existing developments in this area. Section 3: The Amendment to the General Plan Map designation will re-designate (1-2 (Low Density Residential) land use designation with the L4 (Low Density Residential) land use designation located in a portion of the Mesa Tract (Exhibit A), bordered by El Camino to the North, Camino Carmelita to the South, South Palm Canyon to the East, and Mesa Drive to the West which includes the property at 1901 South Palm Canyon Drive. This will permit the allowed density to change from 1-2 units per acre to 3-4 units per acre, which is consistent with the existing Zone designation and existing developments in this area. Section 4: The proposed General Plan Amendments to change the General Plan Map designations are necessary and proper at this time, and will not be detrimental to the adjacent property or residents. ADOPTED THIS 6th day of July, 2005. David H. Ready, City,64ar6 er Resolution No. 21329 Page 3 ,ATTEST: J)Arhes Thompson, City Clerk 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. 21329 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 July 6, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. p ABSENT: None. ® ABSTAIN: None. J 7mes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21329 Page 4 EXHIBIT A , L2 TO L4 N / � E IN E L i L LH u A8 E D i D O Z O Z 0 -LE-SR-AG IA tJER O A I i Resolution No. 21329 Page 5 EXHIBIT B P AND L4 TO M15 1 p (Lp Ivy � GAL�E�E n 1 J '- f1'1 7 I �i Ian + +� � I,l ICI �_� I C .CI -: , "'tl tI I CAM.11�_u _ >`�LM1G-UF- Resolution No. 21329 Page 6 EXHIBIT C ' CASE 5.1044 AND 5.1043 GENERAL PLAN AMENDMENTS CONDITIONS OF APPROVAL JULY 6, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative: 1. Any proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its , agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1044 and 5.1043 and Case 3.2669 and 3.2670 which are development project cases associated with Case 5.1044. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.