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Home My WebLink About2017 ORDINANCE NO. 2017 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ZONING CHANGE OF THREE PARCELS WITHIN THE CITY FROM "CU" (CIVIC USE) TO COMMERCIAL/RESIDENTIAL ZONING AND DIRECTING THAT THE CITY'S ZONING MAP BE AMENDED ACCORDINGLY. City AHomey's Summary This Ordinance amends the City's Zoning Map to rezone three parcels within the City, with their locations and descriptions set forth below, from the current"CU"(Civic Use) designation to either "CBD" (Central Business District), "C-9" (Retail Business), "C-2" (General Commercial) or "R-2" (Limited Multiple-Family Residential), depending upon the parcel. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect,and promote the public health, safety, and welfare of its citizens; and C. Pursuant to Section .94.07.00(b)(1) of the Palm Springs Zoning Code (PSZC), the City's Planning Commission is authorized, by motion, to initiate proceedings to change the zoning of property within the City, and so made that motion on February 13, 2019 (initiating Case 5.1467 CZ); and D. The City has identified three parcels of land that are currently zoned "CU" (Civic Use) as follows: -- -- — I)A0-1-6=acreproperty located at 190 West Sunny Dunes Road (Assessor Parcel Number, APN: 513-290-013); (2) A 0.76-acre property located southwest of the intersection of North Palm Canyon Drive and West Stevens Road (APN 505-182-004); and Ordinance No. 2017 Page 2 (3) A 0.05-acre property located at 342 N. Palm Canyon Drive (APN 513- 081- 017). E. The proposal under consideration via Application 5.1467 CZ is to change the zoning of these three parcels as follows (the "Zoning Change"): (1) 190 West Sunny Dunes Road - From "CU" to "C-2" (General Commercial) (2) 0.76-acre property (APN 505-182-004) — From "CU" to "C-1" (Retail Business - easterly portion") and "R-2" (Limited Multiple-Family Residential - westerly portion) (3) 342 N. Palm Canyon Drive — From "CU" to "CBD" (Central Business District) E. On November 13, 2019, the Planning Commission conducted a noticed public hearing to consider the proposed Zoning Change and, by a 5-0 vote, approved Resolution #6784 recommending approval of the proposed Zoning change to the City Council; and F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Change was given in accordance with applicable law; and G. On January 30, 2020 the City Council conducted a noticed public hearing on the Zoning Change as described above; and H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Change, including, but not limited to, the staff report, and all written and oral testimony presented; and I. The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et. seq. Pursuant to Section 15183(a) of the CEQA Guidelines, a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review, "except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." On October 24, 2007, the City certified an Environmental Impact Report (EIR) in relation to the approval of the Comprehensive Update of the 2007 Palm Springs General Plan. Because there is no development currently proposed for each site and there are no project-specific significant effects that are peculiar to the project or each respective site to analyze at this time, the General Plan EIR analysis provides an adequate program level of analysis of potential impacts for this project. Furthermore, pursuant to subsection (i) of 15183, changes of zone to bring property into conformance with the General Plan is to be treated as a project subject to Section 15183 of the CEQA Guidelines. Ordinance No. 2017 Page 3 J. The City Council in reviewing the proposed Zoning Change, considered whether the three conditions exist in reference to the proposed zoning of the subject properties, pursuant to Section 94.07.00(A) of the PSZC. Based upon the entirety of the record, the City Council finds as follows: 1. The proposed change of zone is in conformity with the general plan map and report. The proposed zone changes from "CU" (Civic Uses) Zone to commercial or multi- family residential will allow uses consistent with the General Plan Land Uses as applicable to each location. The Mixed Use/Multi-Use and Central Business District designations describe permissible uses consistent with the proposed zones. 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 subject properties are either undeveloped or presently developed and established with a commercial building. The proposed zones would specifically permit commercial and residential uses that would be consistent with property and uses adjacent to each site and in the surrounding area. Each parcel is accessible from City right-of-way. Therefore, the properties are suited for the uses permitted in the proposed zones. 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 zone changes to commercial or multi-family residential will continue the pattern of zoning adjacent to each site, providing continuity with existing and future land uses for each. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance. SECTION 2. Pursuant to Section 94.07.00(B) of the Zoning Code, the City Council hereby approves Case 5.1467 CZ and changes the zoning of the subject properties as -follows: (1) 190 West Sunny Dunes Road - From "CU" to "C-2" (General Commercial) Ordinance No. 2017 Page 4 (2) 0.76-acre property (APN 505-182-004) — From "CU" to "C-1" (Retail Business - easterly portion") and "R-2" (Limited Multiple-Family Residential - westerly portion) (3) 342 N. Palm Canyon Drive — From "CU" to "CBD" (Central Business District) said changes being more particularly described in the zoning maps attached hereto as Exhibit A. SECTION 3. This Zoning Change does not alter or amend any existing specific plans or overlay designations applicable to the subject properties. SECTION 4. The Director of Planning Services, or designee, is hereby directed to amend the Official Zoning Map of the City of Palm Springs to reflect the Zoning Change set forth in Section 2. SECTION 5. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. For the reasons set forth herein, while the proposed Zoning Change is a "project" as defined by the California Environmental Quality Act (CEQA), the City's certified .Environmental Impact Report (EIR) for the Comprehensive Update of the 2007 Palm Springs General Plan provides an adequate program level of analysis of potential impacts for this Zoning Change. Therefore, it can be concluded that no further CEQA analysis is required for the proposed Zoning Change. SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30)-days after passage. Ordinance No. 2017 Page 5 ADOPTED THIS 13T" DAY OF FEBRUARY, 2020. GEOFF K S, MAYOR ATTEST: .w THONY . MEMA CITY CLE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2017 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on 30th day of January, 2020, and adopted at a regular meeting of the City Council held on 13th day of February, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None RECUSED: Mayor Pro Tern Holstege IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of re Zoer� w � NTHONY J MEJI ,WC CITY CLER