HomeMy WebLinkAbout3/1/2017 - STAFF REPORTS - 1.C. ppLM S.
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C, ...`°N,P , City Council Staff Report
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DATE: March 1, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1915,
ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A
CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2
(MANUFACTURING) AT 19345-19465 NORTH INDIAN CANYON DRIVE
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1915.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety and adopt Ordinance
No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A CHANGE OF
ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2 (MANUFACTURING) FOR AN
EXISTING LIGHT INDUSTRIAL DEVELOPMENT LOCATED AT 19345-19465 NORTH
INDIAN CANYON DRIVE, SECTION 15 (CASE 5.1401-ZC)."
STAFF ANALYSIS:
On February 15, 2017, Ordinance No. 1915 was introduced for first reading, as noted
below:
ACTION: 1) Waive reading of the full text in its entirety and introduce on first reading by
title only, Ordinance No. 1915, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A NEGATIVE DECLARATION (ND) AND APPROVING A
CHANGE OF ZONE FROM HC (HIGHWAY COMMERCIAL) TO M-2
(MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL DEVELOPMENT
LOCATED AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION 15 (CASE
5.1401-ZC).°
Motion by Councilmember Mills, seconded by Councilmember Kors, and
unanimously carried (5-0-0) on a roll call vote.
ITEM NO. 1 C
ADOPTION OF ORDINANCE NO. 1915
March 1, 2017
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance!. The ordinance shall be effective 30-days from adoption.
144wc- )
Kathleen D. Hart, MMC David H. Ready, Esq
Interim City Clerk City Manager
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Attachment:
Ordinance No. 1915
02
ORDINANCE NO. 1915
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION (ND) AND APPROVING A CHANGE OF ZONE
FROM HC (HIGHWAY COMMERCIAL) TO M-2
(MANUFACTURING) FOR AN EXISTING LIGHT INDUSTRIAL
DEVELOPMENT (APN 666-330-051 & 666-330-053) LOCATED
AT 19345-19465 NORTH INDIAN CANYON DRIVE, SECTION
15.
A. WLA Investments Inc, (the "Applicant') has filed an application with the City
pursuant to Section 94.07.00 of the Palm Springs Zoning Code for a Change of Zone
from Highway Commercial (HC) to Manufacturing (M-2) for a fully developed 7.9-acre
property known as the North Village Center located at 19345-19645 North Indian
Canyon Drive.
B. The subject property was constructed in 1995; at that time, the location was
under the jurisdiction of the County of Riverside.
C. A notice of the public hearing of the City Council of the City of Palm Springs,
California to consider the proposed change of zone application was given in accordance
with applicable law.
D. On January 25, 2017, a public hearing on the application was held by the
Planning Commission in accordance with applicable law.
E. On January 25, 2017, the Planning Commission adopted Resolution No. 6609, a
recommendation to the City Council to approve Case No. 5.1401-CZ.
F. On February 15, 2017, a public hearing on the application for the project was
held by the City Council of the City of Palm Springs.
G. The proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"); an Initial Study and a Negative
Declaration (ND) has been prepared for this project and has been distributed for public
review and comment in accordance with CEQA guidelines. The Initial Study / ND
conclude that the proposed Change of Zone will not have a significant effect on the
environment.
H. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including, but not limited to, the
staff report, and all written and oral testimony presents.
03
Ordinance No.1915
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1:
Pursuant to CEQA, the City Council hereby adopts a Negative Declaration (ND) and
finds that the ND adequately discusses and addresses the known environmental issues
associated with the proposed Change of Zone, including without limitation, topics such
as land use policies, safety, aesthetics, noise effects and traffic impacts relative to
Manufacturing zoning designation.
SECTION 2:
Pursuant to Zoning Code Section 94.07.00(A)—"the council in reviewing a proposed
change of zone shall consider whether the following conditions exist in reference to the
proposed zoning of the subject property
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 hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The proposed change of zone is in conformity with the General Plan map and will
further support and serve the General Plan Land Uses of the adjacent and surrounding
properties. The M-2 zone allows a broader range of permitted uses than the HC zone;
the applicant desires more intensive use opportunities that are permitted in the M-2
zone and conforms to the General Plan designation of RBC. The proposed change of
zone will not require an amendment of the general plan because the M-2 zoning district
is consistent with the purpose of the RBC designation.
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 existing properties on the site are suited for uses permitted in the proposed M-2
zone; moreover, supporting infrastructures such as roadways and sidewalks already
exist in the area as well. The size of the parcel and structures involved are determined
to be adequate for manufacturing related uses. The area in which the parcel is located
is a zone in which industrial uses are permitted; existing uses that are consistent with
the uses permitted in the M-2 zone are already in the location. Therefore, the existing
buildings at the site and the parcel are suitable for the uses permitted in the M-2 zone.
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.
04
Ordinance No.1915
Page 3
The proposed change of zone to M-2 is proper at this time; the change will specifically
allow the property to be leased out to potential businesses that are appropriate within
the M-2 zone. The proposed zone change will not have adverse effects on existing and
future surrounding land uses given that properties to the north and west of the site are
zoned M-2.
SECTION 3:
Pursuant to California Law, an ordinance was prepared for two readings before Council
for the approval of Case 5.1401-CZ Change of Zone and a thirty-day waiting period
before it is effective allowing the approval of Case 5.1401 CZ.
SECTION 4:
The City Council adopts an ordinance to approve the zone map change which changes
the zoning designation from HC (Highway Commercial) to M-2 (Manufacturing) for an
existing site containing a business park located at 19345-19465 North Indian Canyon
Drive.
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.
PASSED, APPROVED, AND ADOPTED THIS 1ST DAY of MARCH, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
05
Ordinance No.1915
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby
certify that Ordinance No. 1915 is a full, true and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the 15th day of February, 2017, and
adopted a regular meeting of the Palm Springs City Council on the
1 sc day of March, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MIMIC
INTERIM CITY CLERK
06
The Desert Sun -
750 N Gene Autry Trail Certificate of Publication
Palm Springs,CA92262 RECEIVED
760-7784578/Fax 760-7784731 CITY OF PALM SPRING`-:
State Of California ss: 2111 MAR 15 AM 10: 03
County of Riverside
OFFICE OF TtiE CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001988143
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel) in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper: The Desert Sun
3/11/2017 - I
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A�U oN INDT`A�"Nd' MAW
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acknowledge that I am a principal clerk of the HIG Ay rpMMEaoALS To.yl z AM N
INDUMAL,DEVELOPMENT LOCATED
printer of The Desert Sun, printed and Darv�,sErnoNrysfU.sEst F/ tt d m _g
published in ofPalmSprings, TnsbAt ya� Z�" � cvh
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County of Riverside, State of California.The
Desert Sun was adjudicated a Newspaper of g iiFG <; aicuoa,
general circulation on March 24, 1988 by the STATE OFCAUFO IA'> #)a `
COUNYY.Op RNE DEE
Superior Court of the County of Riverside, cln OF PALM'YPnI rs' Yh3ere ' , i' Stiai
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foregoing is a an correct. Executed on
this 11 day of M RCH, 2017 in Palm srr y,
Spri s,Californ [try1"
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