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HomeMy WebLinkAbout1717 - ORDINANCES - 7/25/2007 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: 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 25T" DAY OF JULY, 2007. RON O EN, MAYOR ATTEST: OJES 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, 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. mes Thompson, City Clerk City of Palm Springs, California 1