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Home My WebLink About10/18/2006 - STAFF REPORTS - 2.E. 7 PA M S,oR iy 41 V v City Council Staff Report cQtrxo XP DATE: October 18, 2005 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1702, AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING THE ZONING MAP BY APPROVING CASE N0. 5.1035-CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D (SINGLE-MULTI-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND WEST OF WHITEWATER RIVER FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1702. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1702, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING CASE NO. 5.1035-CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D (SINGLE-MULTI-FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6." STAFF ANALYSIS: At its October 4, 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. Imes Thompson David H. Ready ity Clerk City Manager Attachment: Ordinance No. 1702 Item 2 . E . PROPOSED ORDINANCE NO. 1702 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING CASE NO. 5.1035-CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE) TO R-1-D (SINGLE-MULTI- FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND WEST OF WHITEWATER RIVER, ZONE 0-5, SECTION 6. WHEREAS, The applicant Casa Verona, LLC, has filed an application for a Zone Map Amendment to re-designate approximately 6.1 acres of land from 0-5 (Open Lands Zone) to R-1-D (Single-Family Residential), located in the vicinity of the north side of Verona Road and west of Whitewater River, Section 6, APN: 677-020-028; and WHEREAS, on September 13, 2006 a public hearing notice to consider Case No. 5.1035, COZ, a request to amend the Zoning Map was published in accordance with applicable law; and WHEREAS, on September 13, 2006 a public hearing to consider Case No. 5.1035, COZ, a request to re-designate approximately 6.1 acres of land by amending the zoning map, was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1035 was given in accordance with applicable law; and WHEREAS, on October 4, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, a change of zone is adopted by ordinance and includes two readings and a thirty-day period before it is effective; and WHEREAS, an ordinance was prepared for two readings before Council for the approval of Tentative Tract Map 33282, and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Ordinance adopting the Change of Zone to allow for approval of TTM 33282, was held by the City Council in accordance with applicable law; and Proposed Ordinance No-1702 October 18,2006 Page 2 of 3 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council finds that the current environmental assessment for Case 5.1035 and TTM33282 adequately addresses the general environmental setting of the proposed project. The City Council further finds that no significant environmental impacts will result from this project and therefore recommends adoption of a Negative Declaration for the project. SECTION 2: Pursuant to Section 94.07.00 the criteria for granting a Change of Zone, the City Council finds: a. That the proposed Change of Zone is in conformity with the General Plan Map and Report. The existing general plan designation of the subject property is L-6, which allows for low density residential development. The proposed zone change to R-1-D will allow for a consistency of permitted use with the General Plan; the change of zone will be in conformity with the General Plan Map. b. That 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. The property is mostly surrounded by existing residential development to the west and some portions of the south. Furthermore a new subdivision (TTM 30350) was recently approved for fifty seven single- family residential lots, therefore the property will have related and similar uses within close proximity. Access will be provided from Verona Road and two public streets are being proposed for internal circulation within the new subdivision. The size of the parcel is approximately 6.1 acres; this is large enough to accommodate the proposed subdivision. c. That the proposed Change of Zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent properties or residents- As stated earlier, the General Plan designation of the property is L-6; the proposed Change of Zone to R-1 D is necessary and proper to allow a conformance with the General Plan. Most of the existing and proposed land uses within the immediate area is residential, additional single-family residential development will not be detrimental to the adjacent properties or residents. Proposed Ordinance No.1702 Dctober 18,2006 Page 3 of 3 SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings before Council for the approval of the change of zone and a thirty-day waiting period before it is effective allowing the approval of Tentative Tract Map 33282. SECTION 4. The City Council adopt an ordinance to allow the zone map change from 0-5 to R-1-D in conjunction with Case Number 6.1035, COZ, and subsequent approval of Tentative Tract Map 33282. SECTION 5. 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 18th day of October, 2006. MAYOR ATTEST: City Clerk CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, 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 - ORDINANCE NO:17Q2 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,AMENDING THE ZON- ING MAP BY APPROVING CASE NO, 5.1035- CHANGE OF ZONE FROM 0-5 (OPEN LANDS ZONE TO I(SINGLE-MULTI-FAMILY RES- IDEN IAL) FOR THE PROPERTY LOCATED ALONG THE NORTH SIDE OF NORTH VERONA ROAD AND WEST OF WHITEWATER RIVER, PROOF OF PUBLICATION rl,i TONE 0.5, SECT ION 6. WHEREAS,The or for a Casa Verona Cndi has (2UI5y C/-, filer an appllcslion for a /pap Map Amendment .5.C.4.P) to re-deslgnnty a praximatoly 5.1 acids of land `rein G-5 (Open Lands Zone) to R-1-D (Single Family Residential) located in the vichi{y of the north side of Verona Road and we;.t of Whltewa- tet Rlvcr, Secilon 6,APN: 577.020-026• and WHEREAS, on Sepicri 13. 2006 a public hearing notice to consider Caso No.5.1035,CO2, 'I reqquest Ia amend thG Zoning Map was put- Ilshetl in accordance with applicable law; and WHEREAS, on September 13, 2000 a public heering to consider Caso No. 5,1035, COZ, a re- STATF OF CALIFORNIA quest t re-designate approximately 6.1 'Icres of land byo amending the zoning map, was held by County of Riverside the Planning Convnl4u on In accordance wall ap- plicable law and WHEREAS, notice of public Ileanng of the City Council of IN City of Rolm Springs to consider said Ca;O Number 51035 was given In oecor- dance with applicable law, and WHEREAS, on October 4, 2006 a public hearing on the application for the project was hold by the 1 am a citizen of the United States And t1 resident of City Council in accordance with .applicable law; the Comity aforesaid; I am over the age of eighteen and, years,and not a party to or interested in the WHEREAS, pursuant To Section 66412 3 of thu Subdlvlbion Map Act, the City Council ha; con- abOve-enlilicd matter. I am the principal clerk Of a "idorod the effect of the proposed project on the housing needs OT he region, and has balanced printer of the,DESERT SUN PUBLISHING Tbeso needs against the public service needs of residents and available r=rtl and environmental COMPANY a newspaper of general circulation, resource•; and printed and publibhed in the city of Palm Springs, WHEREAS,a change of .Ono is adopted by Ordl- County of Riverside,and which newspaper haS been pence Andbef inclre ludle oR ore di nd and a thirty-day adjudged a newspaper of general circulation by the WHEREAS, an ordinance was prepared for two Superior Court of the County of Riverside,State of readings before coimdl for the.�Pprovsl of Tonte- California under the date of March 24,1998.Case Two Tract Map 33282 and Number 191236;that the notice,of which the WHEREAS, notice of public hearing of the City Council of the Cit of Palm Springs to con;Ider annexed is a printed copy(set in type not Smaller Sind Ordinance adyopting me Change of Zone to allow for approval of l'1' 33282,was hold by Tile than non pariel,has been published in each regular 0i Council In accordance with applicable law: and entire issue of said newspaper and not in any supplement(hereof On the following dates,to wit: THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOL- LOWS: October 21",2006 SECTION 1. Pursuant to CEQA, the CQTy Council finds th9l the current onvlronrlt assessment ..._-............................. for read 6.1085 and TTM332a2 adequaTely ad- drosses the goncml environmental setting of the proposed project. The City Council further find:• ---------------------------------- that no oiandlcanT environmental impacts wlll ru- -^---�'-^--------- sult from this project and thurcfore recommends All in the year 2006 adoption of a Negative Declaration for the project. SECTION 2e Pura uanT To Secllan 94.07.00 the on- I certifyor declare Under renal[ Of perjury thin the tone for granting a Cn,ango of Zone, the City ( ) I Y I J Y toneCouncil finds: foregoing is true and correct. a. Thar the proposed Change of Zone is In con^ formlty, with the Oencm/Plan Map and Report, Dated at Palm Springs,California this—23 J,--day The existhil general plan dallowSnon of the sub- ject ppropperty is elo which allows for low deniTity zone change 10 development. Thu proposed zone ----------------------- - 2006 change la use with will allow for a consistency e of------^-OClober- r OF zoned use witty the General Plan; the change OF zone will be in conformity with the General Plan Map. b, Thar the subjuct property IS suitable for The us- es perm,(ted in the proposed zone, in :arms of _ - -- —_—,—_ access,size of pence,relationsn,p to similar or ro- LI latod uses. q^r-C=,�Ignnt "Pile property Is mostly surrounded by exle'hng y-` rortio ntlo the En kh, FU h the west ,and some f --.cal s portion, of the saulh, recently p y new sWtlwl- ;a: son sJn 30350�.fami was re ntial approved far fifty seven y will residential lots, r uses w the CV ' SECTION 3. Pursuant to Calfornla jaw, an dill- property will have related and similar uses wltnln nance was prepared for two readings before dosu proximity,Access will bs provided from Ve- . L' Council for the approval of the change of'r.Pnc rona Road and two public streets are buing pro- O and a Ihlrty-day wading punOd petare a Is effec- posed for internal circulation within the new sub- A_ rive allowing the approval of Tentative Tract Map ❑Weida The slrr, of the parcel is approximately 6.1 acres, this is large enou h to accommodate o 3326E' - the proposed subdivision. g n 1� SECTION 4.Thu Giry Council adopt an ordinance tv allow[Ile zone map change Iran O-b To R-1-D c. That the propoeod Change oP Zone is neces- In conJ Tile zone orn e gl Case Number 5.1035. 007, -ary and proper at This time, and is not ldTely to and subsequent approval of TenI8TIve Tract Map be dermncnta/ to the adjacent piing os or res,- 33282. entu SECTION 5. Effective Date; Tllls Ordinance shall As staled earlier, the General Plan designation of be In full forso and effect thirty (30) days after , the property is I:Q the proposed Change of Zone io Ii-1-O r necessary'Ind proper to allow a Can- paue'age- tormance wnh the General Plan. Most of the iK- SECTION 6. Publication.The City Clerk is hereby I:'ung and proposed land uses within The Imr i- ordered To and directed To cent to the passage eta area ie residential,additional single-fomilyy res- of this Ordinance and to cause tI a same or sum- idennal dovEopmem will not be d itrimenial to line mary thereof or a display advertisement,duly pre- I adjacent pmpertles or resilo ld• pared according to low To be published In 44cor- �-,--mow—. dance with law. ADOPTED this 18m day of October. 2Q05 MAYOR ATTEST: Clty Clerk CERTIFICATION: STATE OF CALIFORNIA) TOPIR )aCIY F pLMSPIINGS I. DAMES THOMPSON, CItY Clerk of the City of Palm Sphrign, California do hereby cerify that Ordinance No. 1702 Is a full, true and correct -copy,and was Introduced ar a regular meeting of -the Palm 9prinps Clty Council on October 4, 2006. and loop p3ed sT a regular m�eung of the City Council hold on October 18,2006,by the fol- lowing vote: AYES Coundlmcmpers McCulloch, MIAs, Pou oat and Mayor Coen NOES' None --- '" ABSENT' None' ABSTAIN. Mayor Pro Tern Foot James Thompson, Clty Clark City,of Pnlm Springs, California