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HomeMy WebLinkAbout7/25/2007 - STAFF REPORTS - 2.P. O�?ALMSAR a �2 % V N City Council Staff Report nAreo` ' C4(IFO RN,p DATE: July 25, 2007 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1712, APPROVING A ZONE CHANGE FROM R-1-A (SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1-C (SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1716. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1716, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-1-A (SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R- 1-C (SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD." STAFF ANALYSIS: At its July 18, 2007, 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. iit7yClerk s Thompson David H. Ready, Esq. fr City Manager Attachment: Ordinance No. 1716 Item 2 . P . PROPOSED ORDINANCE NO. 1716 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-1- A (SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1-C (SINGLE-FAMILY RESIDENTIAL, 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD. WHEREAS, The applicant -- Palm Ridge, LLC — filed an application for a Zone Map Amendment to re-designate approximately 20 acres of land from R-1-A to R-1-C (Single-Family Residential), located in the vicinity of the south side of Ramon Road and approximately 275 feet west of Belardo Road, Section 22, APNs! 513-270-013, 513- 270-014, 513-270-015 & 613-280-006; and WHEREAS, on June 13, 2007 following a public hearing in the prescribed manner, the Planning Commission recommended approval of Case No. 5.1145 Change of Zone, to re-designate approximately 20 acres of land by amending the zoning map from R 1-A to R-1-C; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1145 was given in accordance with applicable law; and WHEREAS, on June 27, 2007, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration (MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented, including, but not limited to, the staff report, and all written and oral testimony, in connection with the hearing on the project; 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, the City Council hereby adopts the following findings of fact regarding the requested Change of Zone from R-1-A to R-1-C, 9 The proposed Change of Zone is in conformity with the general plan map and report. Any amendment of the General Plan necessitated by the 0 6 0 0 0 ? City Council Ordinance No Change of Zone 5 1145 Page 2 of 3 proposed Change of Zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearing held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The General Plan designates the subject property as L-2 (Low Density Residential, two units per acre maximum density). The proposed R-1-C zoning designation is a low density designation with a minimum lot size standard of ten thousand (10,000) square feet. Therefore, the proposed project is consistent with the L-2 General Plan . 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. The project will create 34 single-family lots that will allow for the development of 34 single-family homes on approximately 20 acres. The site is a generally flat rectangular lot that is suited to development of single family dwell. All the proposed lots will meet the minimum lot size of 10,000 square feet as outlined in the R-1-C zone. The proposed subdivision will have access from Ramon Road and internal private streets. Therefore, the proposed subdivision is suitable and consistent with the criteria cited above. 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 proposed change of zone will allow for the creation of the 34-lot subdivision as shown in the Tentative Tract Map. The proposed tract is adjacent to other single-family residential developments with similar lot sizes and densities and is therefore consistent with the development pattern in the neighborhood. A Mitigated Negative Declaration has been prepared and that document has concluded that all potential impacts can be mitigated to a level of less than significant, resulting in no detrimental effects on surrounding properties or residents. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Zoning Map of the City of Palm Springs shall be amended to designate the lands described in Change of Zone No. 5.1145 as Single Family Residential Zone R-1-C (10,000 Square Foot Minimum Lot Size), subject to the following condition: 1. Prior to the effective date of this ordinance, the applicant shall submit for recordation a covenant in a form acceptable to the City Attorney that the subject property shall not be developed with more than thirty-four (34) single family dwellings. City Council Ordinance No. Change of Zone 5.1145 Page 3 of 3 ADOPTED this 25th day of July, 2007. MAYOR ATTEST: 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, 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 ��r�flci� ORDINANCE NO. 1717 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ZONE CHANGE FROM R-1- A (SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1-C (SINGLE-FAMILY RESIDENTIAL., 10,000 SQUARE FOOT MINIMUM LOT SIZE) FOR A 34-LOT SUBDIVISION ON 20 GROSS ACRES LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD. WHEREAS, The applicant — Palm Ridge, LLC -- filed an application for a Zone Map Amendment to re-designate approximately 20 acres of land from R-1-A to R-1-C (Single-Family Residential), located in the vicinity of the south side of Ramon Road and approximately 275 feet west of Belardo Road, Section 22, APNs: 513-270-013, 513- 270-014,. 513-270-015 & 513-280-006; and WHEREAS, on June 13, 2007 following a public hearing in the prescribed manner, the Planning Commission recommended approval of Case No. 5.1145 Change of Zone, to re-designate approximately 20 acres of land by amending the zoning map from R-1-A to R-1-C; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1145 was given in accordance with applicable law; and WHEREAS, on June 27, 2007, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration (MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented, including, but not limited to, the staff report, and all written and oral testimony, in connection with the hearing on the project; 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, the City Council hereby adopts the following findings of fact regarding the requested Change of Zone from R-1-A to R-1-C: �a� o1 6T Ordinance No. 1717 Page 2 1 The proposed Change of Zone is in conformity with the general plan map and report. Any amendment of the General Plan necessitated by the proposed Change of Zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearing held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The General Plan designates the subject property as L-2 (Low Density Residential, two units per acre maximum density). The proposed R-1-C zoning designation is a low density designation with a minimum lot size standard of ten thousand (10,000) square feet. Therefore, the proposed project is consistent with the L-2 General Plan . 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. The project will create 34 single-family lots that will allow for the development of 34 single-family homes on approximately 20 acres. The site is a generally flat rectangular lot that is suited to development of single family dwell. All the proposed lots will meet the minimum lot size of 10,000 square feet as outlined in the R-1-C zone. The proposed subdivision will have access from Ramon Road and internal private streets. Therefore, the proposed subdivision is suitable and consistent with the criteria cited above- 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 proposed change of zone will allow for the creation of the 34-lot subdivision as shown in the Tentative Tract Map. The proposed tract is adjacent to other single-family residential developments with similar lot sizes and densities and is therefore consistent with the development pattern in the neighborhood. A Mitigated Negative Declaration has been prepared and that document has concluded that all potential impacts can be mitigated to a level of less than significant, resulting in no detrimental effects on surrounding properties or residents. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Zoning Map of the City of Palm Springs shall be amended to designate the lands described in Change of Zone No. 5.1145 as Single Family Residential Zone R-1-C (10,000 Square Foot Minimum Lot Size), subject to the following condition: 1. Prior to the effective date of this ordinance, the applicant shall submit for recordation a covenant in a form acceptable to the City Attorney that the Ordinance No 1717 Page 3 subject property shall not be developed with more than thirty-four (34) single family dwellings. ADOPTED THIS 257H DAY OF JULY, 2007. 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. 1717 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on July 18, 2007 and adopted at a regular meeting of the City Council held on July 25, 2007 by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: Councilmember Mills. J6ames Thompson, City Clerk = City of Palm Springs, California No. 2482 -- -- - ORDINANCE NO.1717 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ZONE - _ CHANGE FROM R.I.A. SINGLE-FAMILY gE31- ' DENTAL 20000 SOU RE FOOT MINIMUM LOT SIZE) Td R-1-0 (SINGLE-FAMILY ArSl- ' r t ',i DENTIAL 10000 SCI ARE FOOT MINIMUM LOT SOM I A 34-LOT SUBDIVISION ON 20 PROOF OF PUBLIPA GROSS ACRES LOCATED ALONG THE SOUTH �TIO,�V .•• ,,, p1 SIPE OF RAMON ROAD AND ABOUT 275 FEET f. "J d r"'I i •J. �11J WEST OF BELARDO ROAD. (2015•5•C•C•P) WHEREAS,The applicant - Palm Ridge, LLC- j I" _fr j filed an application for a Zone Map Amendment to re-desiggnate approximately 20 acres of land CITY C�-(:n 1, from R-1-A to R-1-C(Singlo-Family Rosldcntlap, located In the vicinity of the south side of Ramon Road and approximately 275 Test west of Del9rdc Road, Section 22, APNs: 513-270-013, 513-270-014, 513-270-015 S 513-280-005, and WHEREAS, on June 13, 2007 following a public hearing In the prescribed manner the Planning Commission recommended approval of Casa No. STATE OF CALIFORN)A 5.1145 Change of Zone to re-designate approxl- malelY 20 acres of [And by amending the Zoning County of Riverside map from R-1-A to R-1-C;and WHEREAS, notice of a public hearing of the City Coundl of the City of Paim Springs to consider said Case Number 5.1145 was given In accor- dance with applicable law, and WHEREAS,on June 27, 2007, a public hearing on the a Ilcai1 fn_r th5 prelaM was helrl-hy the u c m h'dvnce'with applicable law; an I am a citizen of the United States and a resident of WHEREAS,the proposod project Is considered a the County aforesaid;I am over the age of eighteen "project" pursuant to the farms of the California hnvlronmemal Qua[[%Act (CEOA", and a Draft _ years,and not a party to or interested in the Mitigatdd or]anve project aratlon (M D) has been -- - above-bill od matter.I am theprincipal clerk of fl pprepared for this protect and has been distributed 10r public review and comment in accordance printer of the,DESERT SUN PUBLISHING with CEQA;and-- . COMPANY a newspaper of general circulation, WHEREAS, the City Council has carefully re- printed and published in the city of Pal p viewed and considered all of the evider pm- ri1 Springs, sented, including, but not limited to,the staff re- County of Riverside,and which newspaper has been pon and all written and oral tostirri in con- nsdion with the hearing on the project;and adjudged a newspaper of general circulation by the WHEREAS,a change of zone IL adopted by ordl- Superior Court of the County of Riverside,State of n,hce and Includes two readings and a thirty-day California under the date of March 24,1988.Case period before it is afoctwe; and Number 191236•that the noticei of which the WHEREAS,the 01ryry(( Council hereb adopts the following of Zorlg from lrega)rrci tCe requested annexed is a printed copy(set in type not smaller g A than non pariel,has been published in each regular I The with th ppe raposad Change of Zone Is in confomlty p and Entire issue of said newspaper and not in any amendment of the General oneral plan maPl and report. Any Ian nucowictloa by supplement thereof on the following dates to wit; the proposed Change of Zone should be made PP g , according to the procedure Ser corm in the Srare Planning Law either prior to the zone change, or nr notice may be given and hearing held on such Augusta ,2007 general plan amendment concumun(ly wdq notice and hearings on the proposed change of zone T��-------�Y`— -� The General Plan desippnatas the subject property as L-2 (Low Density Hesldent[al, two units pper --�- acre maximum denuity). The proposed R-1-C "------------"•` Zoning designation Is a low density designation All in the year 2007 with a minimum lot size standard of ten thousand f10,000)square feet Thervlore,the proposed pro- eet Is consistent with the L-2 General Plan . I certify(or declare)under penalty of perjury that the 2 Tha sub cot proper Is suitable for the uses foregoing is true and correct. perm load In the proposed zone m (arms of so- g g cc:5,tiza of parcel,relationship to similar or rii ed uses, and other coofidemsons deemed ri Dated at Palm Springs,California this---7`I', -•day van by,he Commission and Caused. 'Thl .flow for t e7del id pr=lt of--famlly-lots ll mly will allow f approximately oxJ ately 20m acres. Thb site Pf-------- August — - ----- 2007 Homes on t reciamate[y 20 noon• Thad t Is a e velop lly to simile amr lot that All suited to de- velopment of simile a minim dwell.All the proposed lots will meat the minimum lot Jim of The square teal at outlined In the zone.e.The acres proposed subdivision will have access Tromher Ra- mon rRoadg and Internal privets d consis- tent the pupate subdivision cite Is eve.suitable and consis- -----+^-- ---- tent with the criteria tiled abpve. Sign 3 The proposed Change lone isnecessary and i proper at(he n is time, and rs not likely! bs dr[ri- monttl to (Yra adjacent property or residents. The proposed change of zone will allow for the creation of the 34-10 subdivision as shown In the Tentative Tract Map.The propo5oo diet Is adls- cant to other single-family residential develop- ments with similar lot sizes and densities and Is therefore consistent with the devc1cpment pattern In the neighborhood.A Mitigated Ni Decla- ration has been prepared and that lfocument has concluded that all potential impact^ can be mlll- gated to a level of less than significant, rusu[ting inno detrimental effects on surrounding prapery ties or residents THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOL- LOWS: SECTION 1.The Zonlnq Map of the City of Palm Sprin,S shall no amended to designate the [ands descrned in Change of Zone No. 5.1145 as Sln- gIC Family gesldentlel Zone R-1-C(10 000 Square Foot Mlnymum Lot Size), subject to ilia following condltion- 1.Prior to the effective date of this ordinance,the npplloi shall eubmn for recordation a covenant 1 Prior to the effective date of this ordinance,thv applicant shall submit for recordation a covenant In a form acceptable to the City Attorney that the �ublect property. Shall not be developped with more than thlrry-four(34)single family tlwellings. ADOPTED THIS 25TH DAY OF JULY,2007. CERTIFICATION STATE OF CALIFORNIA) COUNTY OF PALM PINSPP NU)s• l;JAMES THOMPSON, Cld Clerk f the of I aim Springg • California, q y certify Ordinance No. 1717 is a full, true. and correct copy and was introduced at a regular mcctingg of the Palm Springs City Council on July 18, 2007 and adoppted at a regular meeting of the City Council hvld on July 25, 2007 by the fallowing vote. AYES: Councilmember Feet, Councilmumbor, McCulloch,Ceunmi nemher Mills, Mayor Pro Tom Pauggnet and Mayor Orion. NOES:.Nghe ABSENT: None. ABSTAIN, Councllmember Mills. Jamos Thompson, City Cleric City of Palm Springs, California Published:8/4/2007