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Home My WebLink About2006-09-06 STAFF REPORTS 2C pALMs u in cq</FORN�P» City Council Staff Report DATE: September 6, 2006 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1695 ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1695. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1695, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE." STAFF ANALYSIS: At its July 19, 2006, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. � es Thompson David H. Ready � r ity Clerk City Manager Attachment: Ordinance No. 1695 Item 2 . Ci . ORDINANCE NO. AN ORDINANCE OF THE CITY PALM SPRINGS, CALIFORNIA ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING CASE NUMBER 5.1124 ZONING TEXT AMENDMENT TO ALLOW VEHICULAR PARKING FOR AUTO DEALERSHIPS ALONG EAST PALM CANYON DRIVE. WHEREAS, the City of Palm Springs has initiated a Zoning Ordinance Text Amendment pursuant to Section 94.07.01 of the Palm Springs Zoning Code to allow vehicle parking for automobile sales agencies located along East Palm Canyon Drive; and WHEREAS, a Mitigated Negative Declaration has been prepared for the proposed amendment pursuant to the California Environmental Quality Act (CEQA) Guidelines as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, on July 12, 2006, following notification in the prescribed manner, the Planning Commission conducted a public hearing to consider Case No. 5.1124, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, environmental documentation, and all written and oral testimony presented; and adopted a recommendation to City Council in support of the proposed amendment; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1124, Zoning Text Amendment was given in accordance with applicable law; and WHEREAS, on July 19, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN, AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) 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 proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this project and the MND reflects the City Councils independent judgment and analysis. July 19,2006 Case 5.1124 ZTA, etc. Page 2 of 3 Section 2: The City Council adopts the Mitigated Negative Declaration for Zoning Text Amendment (Case No. 5.1124), and directs staff to file the associated Notice of Determination. Section 3: The City Council hereby determines that the proposed Zoning Text Amendment to allow parking for new car dealerships within the special setbacks along East Palm Canyon Drive, between Sunrise Way and Golf Club Drive, is consistent with i the intent of the Zoning Code in that it provides for the needs of auto retailers along a major thoroughfare without creating adverse affects on adjacent property or residents, and will therefore promote and protect the public health, safety and welfare of the residents, and provide for the economic advantages that result from comprehensive and orderly planning. Section 4: The City Council approves Case Number 5.1124, Zoning Text Amendment to amend the Palm Springs Zoning Code Section 93.01.02.8.2 to read, as follows: "Swimming pools and garden walls may be allowed within the required setback; parking facilities shall not be permitted. For automobile dealerships, the setback for parking facilities shall be sixty (60) feet from the centerline of East Palm Canyon Drive, or ten (10) feet from the front property line, whichever is greater. Accessory pool or mechanical equipment may also be permitted within the required setback, if screened from public view." ADOPTED this xxth day of month, year. MAYOR ATTEST: City Clerk July 19.2006 Case 5.1124 ZTA,etc. Page 3 of 3 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 \ No.2920 ORDINANCE NO- 11595 AN ORDINANCE OE THE CITY OF PA 1M •l�'j��^ +! ^i S SPRINGS CALIFORNIA ADOPTING THE MITI- GATED REGATIVE DECLARATION, AND AP- n Try 7ryy�)'p �r(l f- j'T7i- 'i��('r;II ,_ TEXT(AMENG NDMENSE NUMBER TO ALLoW VEHICULAR PROOF OF I UQ.yU�rACI,7�F11O1� {� Ih PARKING FOR AUTO DEALERSHIPS ALONG (2O1S.S.C-iGJ� V [ ll 7' 20 EASTPALMCAM ofpal,R. WRERFJ.S,the Clty at Palm Spnngs has initiated a 2anln9 Ordinance Text Amendment pursuant to _ Sectlon 94 07 01 of the Palm_.SSprings Zoning .1 h, I C.'.1.'I Code to allow velllcle parking for automobile CITY (. L i ` sales agencies located along East Palm Canyon Drive; and b HEREep4red�forg me tl roposedeamendment per- {CECA] Gudchneeornia as an adequate and tal comPletcl assessment of the potential envlronfromi Im- STATC OF CALIFORNIA pacts of the project; and County of Riverside WHEREAS, on July 12, 2006, following natlfica- ran in the presoribed manner,the Planning Camm- CasemNo conducted24. t which hcnrITgthe Plannin rr - Commisslon carefully revwwed and considered all of the evidence presentatl in connection with the project, including, but not Ilmitt+d to, the staff re- port,,.nvlronmental documentation,and all written v%d oral testimOny presented;and adopted a rec- omrnendaLon to City Council in support of the 1 not a citizen of the United States and a resident of propeaed amendment, and WHEH£AS,notice of public hearing al'the City the County aforesaid; 1 am over the age of eighteen Council of One City of Palm Springs to consider years,and not a party to or interested in the Case Number 5.1124, Zoning Toliteahle Amendment was given in accordance with apt n above-entitled matter.I am the principal cleric of a WHEREAS.an July 19.2005,a public hearing on tinter of the,pC5ftRT SUN PUBLISHING the a pliaaClon for project was Held byy the Cinj COMPANY a newspaper Of general circulation, Council In accordance wdp applicable Ipw; and n•inted and ublished in the sit of"Palm S wrings, WHEREAS, the City Council has carefully, re- I p y l viewed and considered JII of the evidence pre- County of Riverside,and which newspaper has becit „,tad in connection with the meeting on fie Pro- bst, including but not limited to the staff report, adjudged a newspaper of general circulation by the and all written and oral testlmOMY Superior Court of the County of-Riverside,State of THE CITY COUNCIL OF THE CITY OF PALM California under the date of March 24, 1988,Cnse SPRINGS GOES HEREBY ORDAIN, AS FOL- LOWS. Number 191236; that the notice,of which the Sgction 1: A Mitigated Negative Declaration annexed is a printed copy(set in type not smaller ttMND) has been campI tad In compliance with CL•OA,the State CEOA Culdellnes and the Clty.'s than non pariCl,has been published In each regular CEQA Cuidaliti The City Council finds that with and entire issue of Said an news a er and not in the Incorporation of proposed mit'ganon mea- t p y cures' polentlallY slgnrticant anvlronmental m- supplement thereof on the following dates, to wit: pacts Yeeulting tram phis protect will be counr6dcil has n a level of mslgnlficance. he city CoItB has independently reviewed and considered[tie irAor- n, matlon contained In the MIND prior to Its rGvlew of September 9 ,2006 this pro cat and the MNO reflects the City Coun- cil's m2ependent judgment and analysi'. Sciatica 2 The City Council adopfts file Mitiqated Negative Dnclaratic,nfar Zoning Ict dirocts staff a Amendment add ant -.--..__..�___________ .--_._... (Cause No.5 1124) All in the year 2006 satiated Notice o}Determination. ,sectlon 3t The Cs Council hereby determines chat the proposotl Zoning Text Amendment to al- low parkingp for new car dealer lhlps within time I certify(or declare)under penalty of perjury that the special SetbacKs along Eest Palm Canyon,Oriva, fore oin Is true and correct. between Sunrise Way and Goil Club Olive, Is g g pa11 1 t with the intent of the Zoning Cade in the Ic provldas for the Heads of auto retailers n, alonn a motor thoroughfare w I t oroating ad- Dated at Palm Springs,California this----12 -�day verse aflects on ediacant property or ro*1 is, and will I or orppromata and prate et the pWllc __— I ai lorpthe econOmI are d vantages thatills resut of---------September- — . 2006 rehensive and orderly planning. {'tom aomp Seance 4:The City Council approves Case Num- bur 5.112u. Zoning Text Amndment to amend the Palm `orings ZoningCode Section 93.01.02.B.2 to read, as follows: .-.-.--_-- .•— _ IO wnnmmQ pools and g,lyden walls may be a- Sigu-_4re — lowed within the rogulretl setback( perking facile ties-hall not th Permitted. For automobile all sr- be CERTIFICATION' ship the ,,tback for parking lnf,of shall be My (601 tact Tram the centerline of East Palm FSrATE OF CALIFORNIA) Canyon!]rive,or ten(10)feet from the front prop- \„ NTY OF RIVERSIDE arty line, Wnlchever la greater. Accessory pool or OF PALM SPRIIDE rnechanlcel equipment may also be purmlttptl within the required setback, If$crosned from pub- MES TI•IOMPSON,_GiP/ Clerk of the City at Iic mew." alm Springs, Calnorma, do hereby certify that (r Ordinance o. 1605 Is N full, true and correct AOOPTEO this fith day of September, 2006. copy,and was inuoduoad at a regular mace?g Q6 MAYOR (t and adopted Springs a regity ular nmcatlnqulof illlls xC117 —�~ V Council held on September 6, 200ti, by the to ATTE5T: lowing vote: City ClerK AYES:Couocllmombcrs McCulloch, Mills- Poug_ „��.-F��,.,-� not. Mayo,Pro Tem Past,;And Mayor Oden NOES' None. ABSENT: None. y A65TAIN! None. Jame"Thompson, Cdy CIcrK _ CM d PAm Spring, Gwilemia r Puhllahed: S,�J.2005