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Home My WebLink About10/5/2016 - STAFF REPORTS - 1.B.e&LM City Council Staff Report DATE: October 5, 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1900 APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1900. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1900, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH." STAFF ANALYSIS: On September 21, 2016, Ordinance No. 1900 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and introduce for first reading Ordinance No. 1900, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) ITEM NO. V ADOPTION OF ORDINANCE NO, 1900 October 5, 2016 Page 2 of 2 TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH." Motion by Councilmember Roberts, seconded by Councilmember Foat and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: Mayor Pro Tern Mills. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. C mes Thompson David H. Ready, Esq., P City Clerk City Manager /kdh Attachments: Ordinance No. 1900 02 ORDINANCE NO. 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT (PD-379) IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 12.38-ACRE SITE LOCATED WEST OF SOUTH PALM CANYON DRIVE, SOUTH OF THE TAHQUITZ CREEK WATERCOURSE AND EAST OF BELARDO ROAD (777 SOUTH PALM CANYON DRIVE). City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 56 detached residential units and 25 attached multi -family units on 12.38+/- acres of land generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC. ("Applicant") filed an application pursuant to Palm Springs Zoning Code Section 94.07.00 (Zone Map Change / Change of Zone) and Section 94.03.00 (Planned Development District) seeking approval of a Planned Development District in lieu of a Change of Zone (Case 5.1378 PD-379) to construct 56 detached residential dwellings and 25 attached residential dwellings with private streets and open space on 12.38-acres of land located at 777 South Palm Canyon Drive. B. The Applicant submitted related applications, including a Tentative Tract Map application (Case TTM 36914) to subdivide the project land into 57 residential lots and common area parcels for private streets and open space pursuant to Title 9 of the Palm Springs Municipal Code and a Major Architectural application (Case 3.3876 MAJ) to review proposed architecture pursuant to Section 94.04.00 of the Zoning Code. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law; and on May 25, 2016, the Planning Commission 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 presented, and voted 6-0 to recommend approval of the subject project. D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law; and on July 6, 2016, the City Council held a public hearing in accordance with applicable law and directed the Applicant to make revisions for review 03 Ordinance No. 1900 Page 2 with a City Council ad hoc subcommittee and then return the project back to Council for decision. E. The Council ad hoc subcommittee reviewed changes to the project and provided direction to the Applicant. F. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given again in accordance with applicable law; and on September 21, 2016, the City Council held a public hearing in accordance with applicable law. G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff report, the Mitigated Negative Declaration, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 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 project is located in the Mixed -Use / Multi -Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.5 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. CD20.1 — Create a pedestrian -friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian - scaled lighting, and small gathering spaces. Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. 04 Ordinance No. 1900 Page 3 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 current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 81 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. The scale and size of the project is consistent with other residential projects in the City. Eighty-one units across the 12.4-acre site equates to 6.5-dwelling units per acre, or 6,658-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. 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 project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast corner of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on -site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1: CEQA. The City Council independently reviewed and considered the information contained in the Mitigated Negative Declaration (MND) and subsequent environmental analysis. The 05 Ordinance No. 1900 Page 4 MND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the Initial Study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the City Council adopts a Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2: Preliminary PD in lieu of a Zone Change. The City Council approves PD 379 in lieu of a Change of Zone (Case 5.1378) as conditioned by City Council Resolution No. 24100 for Case 5.1378 PD-379 ZC / 3.3876 MAJ / TTM 36914. SECTION 3. Zoning Map change. The City Council approves the zone map change from "C-1" and "R-3" to PD 379 for a roughly 12.38-acre site generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel, currently addressed at 777 South Palm Canyon Drive, in conjunction with Case Nos. 5.1378 PD-379 ZC / TTM 36914 / 3.3876 MAJ. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. Expiration. If the entitlement granted under City Council Resolution No. 24100 expires, this Ordinance shall automatically expire without notice, and the site shall revert to its previous zoning designations of "C-1" and "R-3". 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 21ST DAY OF SEPTEMBER, 2016. ATTEST: JAMES THOMPSON, CITY CLERK ROBERT MOON, MAYOR Ordinance No. 1900 Page 5 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. 1900 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 21, 2016 and adopted at a regular meeting of the City Council held on October 5, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 07 Judy Deertrack 1333 South Belardo Road, Apt 510 Palm Springs, CA 92264 Home Phone: 760 325 4290 Email: iudv()iudvdeertrack.com Wednesday, October 5, 2016 To the City Council Palm Springs, California RECEIVED �t'rY OF PALM SPRINk"- 2016 OCT -6 PM 6: 46 J• iCITY CLLERK. 1 B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1900 APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH. BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH: RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 1900, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH." To the Honorable City Council: This is a second reading of the ordinance for Woodbridge, but not knowing exactly the scope of the City Council's continuing jurisdiction to give this a second look, I would like to add further comments. I do so out of the continuing work and study I have done under the Planned Development District Contract with People for Proper Planning, and the data that we will be introducing to the PDD Study Group created by Settlement Agreement with PFPP. I have earlier placed objections on the record that conclude (from my own perspective) the following; namely, that the project, as approved, violates the land use classification intended for this parcel, which was Mixed-Use/Multi-Use, with a preferred and recommended balance of uses that is 80-85% retail/office and 15-20% residential, and a density of 15-30 du/ac with the use of a PDD. The current design of singular use SFR with Townhouses conflict with the policies, objectives, and programs of the General Plan, which utilizes the Mixed Use/Multi-Use Area as a commercial node that intersperses the C-1 and C-2 strip designations along Palm Canyon Drive, and was meant to introduce the idea of a node for pedestrian amenities, common space, and connectivity. Please read the attached descriptions. I have felt that the City's interpretation of the General Plan that these Mixed Use Nodes (given the VERY explicit language in the General Plan as to what is intended) does not hold ground. Replacing the intended mixture of commercial and residential with two types of high -end single-family residential subverts the intent of the General Plan. A further aggravating outcome is the displacement of intended high density residential, which frustrates the policy of affordability for the service population of Palm Springs; their need to remain close to the working core of the City; and their need to remain close to neighborhood serving retail and residential; referring to SteinMart and its residential surroundings. I have expressed that I feel the General Plan prohibits the use of SFR as a singular use in the area; and the idea of mixing this with a few MFR Townhomes does nothing to break the deviation from what the General Plan intended by its terms. My first two attached exhibits are a general plan map and a zoning map of the Woodbridge Project and its surroundings. It shows a very important characteristic of land use and zoning. There are two forms of transition going on that are characteristic of corridors like Palm Canyon; namely vertical and horizontal density transitions from Downtown outward. NORTH/SOUTH (VERTICAL) TRANSITION: You will see from the map that the density is highest in the downtown area (red!), which is Central Business District. Then along the Corridor you get a transition zone into Mixed -Use, which is still intense, but involves the important MIXTURE OF USES as its primary characteristic, and it is also a housing opportunity, or the most valuable land for Affordable Housing. This is a NODE that runs along a C-1 and C-2 vertical corridor. EAST/WEST (HORIZONTAL TRANSITION): You will note that along any major corridor you have a commercial strip usually anywhere from 300 - 500 feet back from Palm Canyon consisting of C-1 & C-2 except for interspersed NODES (MIXED USE DISTRICTS) that blend commercial with affordable housing and high density residential at intervals. This is the function of the Woodbridge Property. The City has designed buffer concepts, including transitions to lighter Neighborhood Commercial Zones and the Mixed -Use properties to integrate into the neighborhoods back behind. DENSITY. Some of the greatest sacrifice is density, as these SFR units are packed in. This sacrifices the generous open space that allows for alleviation of the rock crushing, and the general plan intent that the hillside areas and their unique features be integrated into the developments. With more open space, the rock crushing would be mitigated. Thank you for your kind attention. Please note attached exhibits, Judy Deertrack I �rF1 IF I , °...... ev Commercial Corridor Palm Cyn Corridor reserved to the Mixed -Use District 24 East and West of I r� Palm Canyon Drive ' (Commercial or MU) + 1 �. I I WOODBRIDGE I PD 376 MIXED -USE (MU/MU) - HDR (15-30 DU/AC WITH PDD) PALM CYN/SUNNY DUNES MIXED -USE DISTRICT PREF MIX OF USES: 15-20% Residential 1 80-85% Retail Office (LUE 2-33) ZONING: C-1 RETAIL/C-2 BUSINESS TRANSITION ZONE (NORTH TO SOUTH CORRIDOR): CBD > MU > NCC 1 Low Density Residential (up to 6.0 du/ac) ® Medium Density Residential (up to 15.0 du/ac) ® High Density Residential (up to 30.0 du/ac) Small Hotel Tourist Resort Commercial Neighborhood/Community Commercial Central Business District Regional Commercial Mixed Use/Multi-Use - Office EXHIBIT PREPARED BY J.DEERTRACK Exhibit from J.Deertrack D Department of Planning Services Vicinity Map Ric i R3 PD a tY R1A m , 020 M6 S, UTEA E Legend i site Q 50Dft Site Rr Zoning ` Parcels I a NCJ lfflCIR22 LIR2] R21", R E L-- Lj CA_MNOPAROGELA - 77 PID i i i l l l C2j�•R2 2 CM CU SUNNY DUNES' I J_.. R2 R2 t(AL Aa_ R3 I R3 R2 I Ric t MORONGO R❑ —1C1 R2 iR1C.....-.�..,...._�. 1 PD 1 ! I 1 .� CITY OF PALM SPRINGS WOODBRIDGE I PD 379 Zoning Transition North to South Zoning = C1 and C2 Interspersed with an MU/MU Node I One of Seven Identified MU Nodes in General Plan MU/MU Node Conducive to Affordable Housing and Public Gathering Place The East/West Buffer that surrounds Palm Canyon transitions to R-2 and R-1-C LAND USE ELEMENT also included in this land use designation. These uses are generally located in areas that will benefit from a higher level of exposure to residents located outside of the City, such as properties located on Ramon Road adjacent to the City limits and selected properties adjacent to the I-10. MIXED USE Central Business District (1.0 FAR; 21-30 dwelling units per acre). Bounded approximately by Ramon Road, Calle Encilia, Alejo Road and Belardo Road, the Central Business District designation allows for a mix of commercial, residential, and office uses at a higher concentration, density, and intensity than in other areas of the City. The CBD serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues are encouraged here. Uses such as grocery stores, hardware stores, and convenience or pharmacy stores that provide services to the Downtown's residential population are also encouraged. The Central Business District is subdivided into zones or areas that provide for diversity in development standards and land use intensities. These subareas are defined in Appendix A, Downtown Urban Design Plan. Examples include the gateways into Downtown, Downtown Central Core, and the Downtown Outer Core. The Downtown Central Core (roughly bounded by Amado Road, Tahquitz Canyon Way, Museum Drive, and Indian Canyon Drive) and the Gateway areas (at roughly the north and south ends of the CBD) may be developed with a maximum FAR of 3.5. If projects in these areas provide substantial public spaces or plazas, an FAR of up to 4.0 may be developed upon approval of a Planned Development District or Specific Plan. The Downtown Central Core may also accommodate up to 70 dwelling units per acre for residential or hotel uses if a Planned Development District or Specific Plan is prepared and approved. Mixed-use/Multi-use (Maximum of 15 dwelling units per acre for residential uses and a maximum 0.50 FAR for nonresidential uses). Specific uses intended in these areas include community -serving retail com- mercial, professional offices, service businesses, restaurants, daycare centers, public and quasi -public uses. Residential development at a maximum density of 15 units per acre is permitted; planned development districts may allow residential densities up to 30 du/acre and also ensure that all proposed uses are properly integrated and allow the implementation of development standards that are customized to each site. Central Business District Additional information related to the location and desired mix of uses in each mixed-use/mulfi-use area can be found on page 2-30 of this element. The MFR limitation of 15 du/ac anticipates mixed -use development and increases in the General Plan to 15-30 du/ac with a PDD Palm Springs 2007 General Plan Page 2.7 THIS IS ONE OF THE SEVEN IDENTIFIED MIXED -USE PLANNING AREAS WOODBRIDGE LIES WITHIN ITS BOUNDARIES A Reference: Intended "Mix of Uses" LHNU USE Obligation: To further the GP goals and not obstruct their attainment" Palm Canyon Drive and Sunny Dunes Road The Sunny Dunes and Palm Canyon Drive mixed/multi-use area currently contains scattered commercial uses and large vacant parcels. Different from the mixed/multi-use areas identified above, the Palm Canyon Drive and Sunny Dunes Road area is envisioned as a mixed -use area creating an office, retail, and residential node just south of Downtown. This mix of uses will complement the hotel uses along East Palm Canyon Drive by providing a concentrated commercial and office base in close proximity to visitor Preferred mix ofuses: 30-50 percent commercial, 30-50 percent office; 15-20 percent residential ) Smoke The Smoke Tree mixed -use area is located along East Palm Canyon Drive, between Sunrise Way and the city limits. Smoke Tree is ideally located to serve the needs of surrounding residential neighborhoods, and is characterized by its intimate scale, pedestrian orientation, and vibrant human activity. The purpose of this area is to create a unique mixed -use center characterized by pedestrian -oriented retail shops, restaurants, hotel facilities, and multifamily residential uses. Preferred mix of urea: 30-60 percent residential uses, 20-40 percent resort commercial, 20-40 percent neighborhood commercial Palm Springs Mall Located along one of the City's most visible corridors, the Palm Springs Mall presents an opportunity to inject new vitality along Tahquitz Canyon Way, which serves as the City's most important east -west corridor linking Downtown and the Airport. As a mixed/multi-use area comprised of residential, office, and commercial uses, it is envisioned that this node will provide an opportunity for more efficient use of an underutilized commercial site that can complement the civic and office uses currently existing along the corridor. Preferred mix ofum: 25-35 percent residential, 25-35 percent office, 40-50 percent commercial ELEMENT Palm Springs 2gg7 General Plan Page 2.33 COMMUNITY DESIGN ELEMENT CD18.3 Screen views of surface parking areas using shade trees, low - perimeter hedges, and other plantings. Incorporate landscaped planters, shade trees, and defined pedestrian pathways into the parking lot design. CD18.4 Incorporate pedestrian -scale design amenities such as awnings, large storefront windows, arcades, small sitting areas, special paving and color treatments, and accent landscaping into building and site design. CD18.5 Encourage pedestrian access to and from adjacent uses by providing pedestrian and bike paths and breaks in perimeter walls or landscaped buffer areas. CD 18.6 Develop a consistent sign program that encourages distinctive and high -quality design within the overall theme of the retail center. Such a program should include style, scale, type, and placement of signage. CD 18.7 Ensure that the scale and massing of neighborhood retail centers are sensitive to the context of surrounding residential development. CD 18.8 Encourage the provision of at least one accessible, attractive, and comfortable public gathering place within the center. Mixed -Use: Mixed -use projects CD 18.9 Encourage the creation of vehicular and pedestrian access between contain two or more uses located vertically within a building. The adjacent commercial properties with similar or compatible uses. most common design for mixed - use projects consists of ground Actions floor commercialloffice uses with second floor and above residentiall CD 18.1 Create a point -based project evaluation checklist to encourage office uses. This positioning allows design submissions consistent with the above -stated policies. ground floor commercialloffice uses to benefit from easy pedestrian access and upper -story MIXED -USE to DEVELOPMENT residentialloffice uses to retain more privacy because of their Mixed -use and multi -rue developments allow for greater flexibility and a location above the ground floor. more varied environment than traditional single -use land use designations. Multi -Use: Multi -use projects Mixed/multi-use areas should consist of commercial. office. and residential contain two or more uses located within horizontal proximity to each uses in either vertical or horizontal oroximiry to each other. This type of other. This type of land use development is appropriate for areas of higher intensity uses and can be used designation allows for multiple to c LIVILY. uses within one project site. Multi- use projects allow for a flexible Palm SDrmas has the 0000rtunity to create interesting and vibrant nodes sitioning of uses, such as through the nlacement of mixed/multi-use in the downtown area and along co ercial uses along a street corridors. especially North Palm Canvon Drive. These mixed/multi-use areas front h residential or office uses should fit into and add to the visual quality of the surrounding area. locat behind and off the street. Palm Springs Page 9.39 CITY OF PALM SPRINGS GENERAL PLAN GOAL 019: THE CITY'S DEFINITION OF TWO TYPES OF RESIDENTIAL ASA MIXED -USE PROJECT DOES NOT COMPORT WITH TRADITIONAL NOTIONS OF MIXED -USE, NOR DOES IT CONFORM TO THE GENERAL PLAN DEPICTIONS OF MIXED USE AND ITS RECOMMENDATIONS OF BALANCE OF USES BY PERCENTAGE. Create mixed -use and multi -use areas that are visually attractive, pedestrian friendly, easily accessible, and contain a blend of commercial, office, and residential uses. Policies CD19.1 Encourage design flexibility in mixed/multi-use development by allowing the vertical and/or horizontal mix of uses in specified areas. CD19.2 Ensure that new mixed -/multi -use developments are compatible with adjacent neighborhoods through project design, scale, and appropriate buffers and transitions between uses. In general, taller projects should step down their heights as they approach adjacent development. La Plaza, abme, is an excellent example oftibrant CD 19.3 and successful mixed use. It contains retail on the ground floor and offices above. Locate mixed/multi-use development in areas of high visibility and accessibility, and along streets that balance vehicular and pedestrian traffic. CD19.4 Locate commercial or office uses on the ground floor with residential or office uses on the upper floors in vertical mixed -use projects. CD19.5 Encourage architectural design that differentiates ground -floor commercial/office uses from residential uses above. CD 19.6 Locate ground -floor commercial uses near the sidewalk to provide high visibility from the street. CD19.7 Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. CD19.8 Minimize the visual impact of surface parking by providing parking structures or rear or side -street parking with effective landscape buffering. CD 19.9 Segregate residential parking from commercial and office parking. CD 19.10 Ensure privacy for residents by providing each residential use with its own private space (such as balconies, patios or terraces) and larger communal spaces such as lobbies, central gardens, or courtyards. Page 9-40 Palm Springs 2007 General Plan COMMUNITY DESIGN THE PDD FLEXIBILITY IN SETBACKS AND ELEMENT PARKING AND OPEN SPACE WAS TO CREATE THE MIXED -USE PEDESTRIAN ENVIRONMENT, Actions NOT ISOLATED SFR SMALL LOT DEVELOPMENT CD 19.1 Amend the zoning code to create mixed/multi-use development standards. The standards should remove potential barriers to this type of development, such as parking, open space, and setback requirements, as well as ensure the feasibility of the implementation of the above policies. Midblock corridor residential is a viable option for mixed -/multi -use areas with marginal uses along a corridor. The creation of midblock corridor residential within mixed -/multi -use areas allows for the concentration of commercial uses at key intersections and the placement of higher -density residential development along roadways such as arterials or collectors. Due to their location along roadways that generally accommodate higher volumes of traffic, midblock corridor residential developments should be set back from the street and oriented to create an interesting and attractive streetscape while allowing for safety and livability and shield units from roadway noise to the greatest extent possible. Midblock residential developments should create a vibrant and pedestrian -friendly environment that is compatible with and will successfully transition into the surrounding neighborhoods. The Land Use Element identifies portions of the North Palm Canyon Drive/ Indian Canyon Drive corridor as mixed -/multi -use areas. These areas are ideal for the introduction of midblock residential development. Midblock corridor residential development in this area will provide a viable alternative to the existing array of underutilized sites and prevent the introduction of strip com- mercial along the corridor. It will allow commercial uses to be concentrated at prominent intersections, increase the housing stock, and create a varied and visually interesting corridor leading into the downtown area. GOAL CD20 Encourage attractive and well -designed midblock corridor residential development alone the North Palm Canvon Drive/Indian Carl Drive corridor, and other corridors where appropriate. Policies CD20.1 Create a pedestrian -friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian -scaled lighting, and small gathering spaces. Palm Springs 2007 General Plan Page 9-41 Table 3.12 General Plan and Zoning Primary Residential Land Use Designations General Plan Land Use I Zoning Designation Districts Allowed Residential Uses' Estate Residential f0 to 2 dulacl (2.1 to 4.0 dulac) Low Density (4.1 to 6.0 dulac) Medium Density (6.1 to 15 dulac) High Density (15.1 to 30 du/ac) G-R-5 R-1 R-G-A R-2 R-3; Rd Central Business District CBD Tourist Resod Commercial R-C Mixed-Use/Multi-Use I MU Large estate single-family homes, many of which are near the foothill areas of the community. Accommodates single-family homes situated on large lots one-half acre or larger. Accommodates "typical" single-family detached residences on 7,500-square-foot or larger lots. Accommodates single-family attached and detached uses, multiple -family units, and mobile homes. Accommodates higher density residential homes built at a densi of 15.1 to 30 dwelling units per acre. Allows commercial, residential, and office uses at a high intensity and density (21 to 30 units per acre). Allows commercial, residential and office uses at a medium intensity and density of up to 21 units per acre. Allows commercial, residential, and office uses at a low concentration and density at up to 15 units per acre. Notes: Palm Springs allows residential development in the Open SpacelConsenvation, Mountain, and Desert land use designations at a lower density than the above residential land use categories. A Small Hotel land use classification also allows up to 10 units per acre. The Land Use Element provides more detail on these categories. "All housing types can be allowed in any designation, with approval of a Planned Development Permit. Land Ownership One of the distinguishing characteristics in Palm Springs is the unique pattern of land ownership. Palm Springs is divided into Indian and non -Indian property holdings, based upon a grid pattern of square -mile sections of alternating ownerships. This grid pattern of alternating ownership dates back to the original land agreement between the Agua Caliente Band of Cahuilla Indians (the Tribe) and the federal government. Indian lands fall into three categories: Tribal Trust Lands. In the 1970s, the City and the Tribe came to an agreement that recognized the Tribe's authority to regulate Indian Trust lands. Under this agreement, the City acts as the Tribe's agent to impose City land use regulations and consults with the Tribe regarding any action that may affect Indian Trust Lands. In addition, the agreement established an appeal process designating the Tribal Council as the final authority over land use matters on Indian lands. HOUSING Compatible underlying zoning The use of the PDD changes the MU/MU Density to 15-30 du/ac Palm Springs 2014-2021 Housing Element: General Plan Page 3.29 HOUSING Senate Bill 1818 amended state law by lowering the affordable housing requirement and increasing the bonus and incentives. Density bonuses are discussed in the Development Review Committee and during the pre -application phase. Planned Development (PD). The Zoning Code allows PD districts to foster and encourage innovative design, variety, and flexibility in land use and housing types that would not otherwise be allowed in zoning districts. Density under the PD district is allowed by zoning and the General Plan, but may be increased if the district assists the City in meeting its housing goals as set forth in the Housing Element. The form and type of development on the site must be compatible with the existing or planned development of the neighborhood. The PD requires approval by the Planning Commission and City Council. Variance. A variance may be granted for a parcel with physical characteristics so unusual that complying with the requirements of the Zoning Code creates an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and, in general, not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. A variance requires approval from Planning Commission. Procedure Does this mean the Minor incentive is tied Modregulatory to "facilitation of housing projects" Bon Density Density Bonus Provision and must be justified by an Planned increase in housing density? Development Variance Table 3-15 Regulatory Incentives _ Sample of Reductions in Standards Yards/Open Density space Lot Area Parking Approval No Up to Up to 10% Planning Director Up to 25 Depends an requested concession By -Right Limited by General Plan No limit I No limit I No limit Planning Limited by Commission & General Plan Depends on topography City Council Source: City of Palm $Ddna3 Zonina,ode, 2011 The City of Palm Springs has utilized each of these mechanisms to facilitate the development of recent affordable housing projects in the Palm Springs 20M - 2021 Housing Element: General Plan HOUSING ELEMENT AT PAGE 3-38 CITY OF PALM SPRINGS GENERAL PLAN 3.7.3 Limited commercial uses may be permitted for resident and guest use. 3.7.2 Limit new development to three-story structures; a maximum height of 30 feet may be achieved for hotels if a variety of building heights is achieved for design purposes. A maximum height of 60 feet may be achieved through the approval of a planned development which ensures that the effects of such height are compatible in scale and character with the existing natural and urban setting. Stricter development standards may be required by ordinance or by condition of the planned development. 3.8.1 Require that the design of new residential and hotel development include the following: UNDER CALIFORNIA CONSISTENCY DOCTRINE, APPLICABLE TO CHARTER CITIES AND EXPRESSLY ADDRESSED IN PFPP v. CITY OF PALM SPRINGS, THE ORDINANCES MUST BE EXERCISED IN A MANNER THAT FURTHERS THE GENERAL PLAN GOALS AND OBJECTIVES FOR THE PLANNING AREA AND DOES NOT FRUSTRATE THEIR ATTAINMENT THE OPEN SPACE OBJECTIVES, RESIDENTIAL HOUSING TYPES, DENSITY, AND MIXTURE OF USES SHOULD BE EXERCISED IN A MANNER CONSISTENT WITH GENERAL PLAN DIRECTIVES a. a minimum of 45 % of the lot area shall be maintained as on - site open space/recreational area. b, incorporation of a minimum area of the required common open space at grade or the level of the first habitable floor; c. design of common omen space so that it is easily accessible and of sufficient size to be usable by all residents; d. incorporation of architectural design details and elements which provide visual character and interest, avoiding flat planar walls and "box -like" appearances; and e. protection of privacy and view for adjacent single-family structures with increased setbacks to the second -story max. 3.8.2 Allow the consolidation of abutting residential and commercial parcels into unified mixed -use development Droiects containing an aggregate site area of at least two (2) acres, provided that: a. the total yield of development does not exceed that permitted by the underlying land use classifications; b. at least 50% of the maximum allowable residential density is developed; c. no residential uses are located along the ground floor of the commercial frontage; d. only residential uses are developed along the residential street frontage; Page E-4 APPENDIX E e. a planned development is prepared and approved that demonstrates that the project: 1. is compatible with and complements adjacent uses; 2. maintains or increases the existing number of residential units and those for low- and moderate - income households or seniors; and 3. adequately mitigates traffic, noise, light and glare and other environmental impacts; and f. the project increases the supply of neighborhood -serving commercial uses. 3.8.3 Limit new development to two -and three-story structures; a maximum THE HEIGHT REQUIREMENTS height of 60 feet may be achieved through the approval of a planned ARE COMMENSURATE TO THE development which ensures that the effects of such eight is compatible HEIGHT ASSOCIATED WITH CLUSTERED in scale and character with the existingnatural and urban setting.MIXED-USEDEVELOPMENT, UNLIKE Stricter development standards may be required by ordinance or by SINGLE-FAMILY DEVELOPMENT SINGLE LOW STRUCTURES condition of the planned development. A maximum of 100 feet may be achieved on Indian Land. 3.9.1 The site shall contain a minimum of 40 acres and have adequate infrastructure available. 3.9.2 The density allowed for a Large -Scale Resort shall be a threshold of ten (10) to a maximum of thirty (30) dwelling units per acre. 3.9.3 Site access shall be limited to secondary and major thoroughfares. 3.9.4 Building height should be limited to 30 feet. Building height in excess of those in the immediate area, with a maximum of 60 feet, may be allowed where it can be demonstrated that no significant impacts result from the increased height. 3.9.5 The site shall contain appropriate social/cultural amenities, such as golf courses, tennis facilities, conference rooms, water -related recreation facilities, and equestrian facilities. 3.9.6 A minimum of 75% of the lot area shall be maintained as on -site open space/recreational area. 3.9.7 A Planned Development District application shall be required for approval of a Large -Scale Resort. Palm Springs 2007 General Plan page E-5 GEN PLAN APPENDIX A HIGH INTENSITY MIXED -USE (RES./COMM.) GATEWAY DOWNTOWN URBAN DESIGN HIGH INTENSITY MIXED -USE PLAN MIXED -USE F (OFFICE/RES.) (RES.ICOMM.) TRANSITION ZONE DOWNTOWN CENTRAL CORE f Oil land 6evelol — use & /' RESORT/CONVENTION 'Anent / r llV 1� �J L 1. Kiss _ _ CENTER DISTRICT V Isl.r MIXED -USE DOWNTOWN Currently, the majority of downtown OUTER CORE Palm Springs is used primarily during the - MIXED -USE daytime. However, there is potential to ) extend the hours of use and to create a more TENNIS TRF NSITION TRANSITION ZONE exciting and lively atmosphere in downtown Cue -- Palm Springs through the introduction of DISTRICT HIGH INTENSITY MIXED -USE mixed -use residential developments and the P "(RES./COMM.)GATEWAY expansion of nighttime commercial/retail N uses. People create a sense of vitality through - `I - activity and use of the streets and sidewalks. w, ® HIGH INTENSITY Mlneo use (Res./Caw.) Downtown residents would enliven the area by using downtown areas when others Abom A map of zones in doawioaw Palm Springs (For baiGbng beighis for the swrioas zones have left and by creating a new nighttime see the 'Baihh'ng Height, orientation, Massing, 6 Design "seetion starting on page thisry-six) market for activities, stores, and restaurants. These zones should be f ribersabdinded into theme based districts to create areas arth separate Therefore, downtown Palm Springs would and anigae identities nithin the doawtoan. benefit from downtown residents and those new residents would benefit from the exciting and lively atmosphere of the area. To achieve the desired mix of vitality and TRANSITION ZONES ARE BUILT THROUGH activity, downtown Palm Springs should be GENERAL PLAN LAND USE CLASSIFICATION comprised of a number of different zones ALONG ALL MAJOR TRANSPORTATION CORRIDORS, distinguished by land use and height. These IN THIS INSTANCE, PALM CANYON DRIVE, zones include: the core (comprised of a high intensity mixed -use center with taller THE NORTH/SOUTH TRANSITION INVOLVES buildings surrounded by a vibrant mixed -use DECREASING DENSITY IN STAGES FROM CBD area); two shorter, less intense mixed -use TO MIXED -USE (WOODBRIDGE) transition zones to the north and south of TO TRC AND NEIGHBORHOOD COMMERCIAL the core; taller, more intense north and south gateway areas; the Resort/Convention THE EASTIWEST TRANSITION Center District; and the Tennis Club District OCCURS ALONG PALM CANYON DRIVE THRU AN (see map to the right). Further defined theme APPROX. 300 FT (?) BUFFER OF COMMERCIAL based districts (areas identified by specialized WITH RESIDENTIALL BACKDROP, AND A FEW uses, such as cultural and art uses, restaurant PLANNED MIXED -USE NODES THAT ACHIEVE uses, nightlife uses, etc.) within these larger A MIXTURE OF COMMERCIAL AND RESIDENTIAL districts are encouraged and should be AS ANOTHER FORM OF TRANSITION strengthened where they already exist when possible. tliky-f our t : 1' ' t flu' • Downtown Core: The downtown core (approximate area bounded by Amado Road and Arenas Road and Museum Drive and Indian Canyon Drive) should be a vibrant, compact, and walkable center of activity in the downtown area. The core should be comprised of a central core area consisting of taller (max. 60 ft; see `Building Height, Orientation, Massing, & Design" section starting on the next page for more detail on allowed building heights in the downtown), high intensity mixed -use (residential/ commerical) buildings surrounded by an equally vibrant, but shorter (max. 30 to 45 ft.) mixed -use (commercial/office/ residential) outer core area. • Transition Zones: The transition zones should serve as less intense connector areas between the high intensity downtown core and north and south gateways to help create a varied downtown experience. These areas are ideal for theme based districts (areas with similar or complementary uses such as restaurants, art galleries, etc.) and should consist primarily of shorter, one to two story (max. 30 ft.) commerical/office mixed -use buildings. Slightly taller mixed -use buildings with ground floor retail/office and residential lofts above (max. 45 ft.) are permitted on the east side of Palm Canyon Drivc. • Gateways: The north and south entrances to the downtown (along Alejo Road and Ramon Road between Belardo Road and Indian Canyon Drive) should be well defined areas that make one's entrance into the downtown a memorable experience. They should be taller (max. 60 ft.), high intensity mixed -use (residential/ commercial) areas with distinctive landscaping and signage marking the entrance to downtown. • The Resort/Convention Center District: This district is completely contained within the Section 14 area and its land uses are defined by the Section 14 Specific Plan. The district's location adjacent to the downtown core makes it an integral part of the downtown. It should be well connected with the rest of the downtown to ensure the success of the entire downtown area. • The Tennis Club District: The Tennis Club district is an important historic area in downtown Palm Springs. It contains many architecturally, socially, and culturally important hotels, small resorts, and residences. This district should continue to retain the current land uses, sense of place, and character that currently exists. • Within all of the downtown zones (especially in the core and transition areas) theme based villages or districts are encouraged. These districts should be lively, walkable areas with similar or complementary uses that create a sense of district identity. These areas should be connected with each other and the central downtown core to create a dynamic and pedestrian friendly downtown. Existing theme based districts should be strengthened and new ones created when possible. Lana use & bevel op- ment / districts MIXED -USE DISTRICTS ACT AS A BLEND BETWEEN HIGH DENSITY COMMERCIAL (CBD) AND NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL AREAS. THIS IS THE FUNCTION OF THE PALM CANYON / SUNNY DUNES MIXED -USE DISTRICT tpAtlr-Pze Palm Springs Municipal Code Up Previous Next Main Search Fprint No Frames ZONING CODE Chanter 91.00 INTRODUCTION AND DEFINITIONS 91.00.04 Establishment of zones. A. Division of City into ZonesPurpose. In order to classify, regulate, restrict and separate the use of land, buildings and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas abutting and between buildings and structures and to regulate the density of population, the city is divided into the following zones: Residential Zones. a. G-R-5 ESTATE RESIDENTIAL (0-2) Guest ranch zone b. R-1-AH VERY LOW DENSITY (2-4) Single-family residential zone twenty thousand (20,000) square feet, c. R-1-A VERY LOW DENSITY (2-4) Single-family residential zone twenty thousand (20,000) square feet; d. R-1-13 VERY LOW DENSITY (2-4) Single-family residential zone fifteen thousand (15,000) square feet; e. R-1-C VERY LOW DENSITY (2-41 Single-family residential zone ten thousand (10,000) square feet; f. R-1-D VERY LOW DENSITY (2-4) Single-family residential zone seven thousand five hundred (7,500) square feet; g. R-G-A(6) LOW DENSITY (4-6) Cluster residential zone, SFR ON 7,500 SF LOTS OR LARGER h. R-G-A(8) LOW DENSITY (?) Garden apartment multiple -family residential zone; SFR ON 7.500 LOTS OR LARGER i. R-2 MEDIUM DENSITY (6-15) Limited multiple -family residential zone; 1. R-3 HIGH DENSITY (15-30) Multiple -family residential and hotel zone; k. R-4 HIGH DENSITY (15-30) Large scale hotel and multiple -family residential zone; I. R-4-VP Vehicle parking and large-scale hotel and multiple -family residential and limited HIGH DENSITY (15-30) commercial retail zone-, R-MHP Residential mobilehome park zone. 2. Commercial Zones. a. P Professional zone; b. C-B-D Central business district zone; c. C-D-N Designed neighborhood shopping center zone; d. C-S-C Community shopping center zone; e. CA Retail business zone, f. C-IAA Large scale retail commercial zone; g. C-2 General commercial zone; h. C-M Commercial manufacturing zone; i. H-C Highway commercial zone; j. R-4-VP Vehicle parking and large scale hotel and multiple -family residential and limited commercial retail zone. 3. Manufacturing/Industrial Zones. 4. Open Space Zones. a. M-1-P Planned research and development park zone; b. M-1 Service/manufacturing zone; c. M-2 Manufacturing zone; d. E-I Energy industrial zone. a. W Watercourse zone; b. 0 Open land zone; c. 0 - 5 Open land zone; d. 0 - 20 Open land zone; e. U - R Urban reserve zone. 5. Miscellaneous Zones/Overlays. a. A Airport zone; b. CC Civic center district zone; c. D Downtown parking combining zone; d. G Gaming overlay zone; e. H Historic preservation combining zone; f. IL Indian Land; g. N Noise impact combing zone; h. PD Planned development district; i. R Resort combining zone. B. Adoption of Districts —Maps. Such zones and boundaries of such zones and each of them are established and adopted and are shown, delineated and designated on the "Official Zoning Map" of the city of Palm Springs, Riverside County, California, which map, together with all notations, references, data, district boundaries and other information thereon, is attached hereto and made a part hereof and is adopted. (Ord. 1551, 1998; Ord. 1294, 1988) DOWN AND OUT AND UP THE SPATIAL ORIENTATION OF LOT RATIO OPEN SPACE LANDSCAPING VIEWSHED COMMON GROUNDS t C12 PARKING APPROPRIATE AMENITIES SOFT DESIGN LOT SIZE RATIO "THE LOT SQUEEZE" LOT SIZE DOWN BUILDING COVERAGE OUT HEIGHT UP THE "SQUEEZE" REDUCES RESIDENTIAL DENSITY BECAUSE IT IS USED FOR SMALL LOT SFR IN PLACE OF MFR THE ABSENCE OF TRADITIONAL ZONING PROTECTIONS LOT RATIOS / TRADE-OFFS BETWEEN HEIGHT & OPEN SPACE LOT COVERAGE OUT t Height Up A Y w 00 LOT SIZE DOWN The Desert Sun 750 N Gene Autry Trail Palm Springs, CA 92262 760-7784578 / Fax 760-7784731 State Of California ss: County of Riverside Certificate of Publication RECEIW S) tw, vIT Y OF P am ,%At OCT 11 W 91 M 1 A ell Y CLERY, Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001653437 I 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 pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit' Newspaper: The Desert Sun 10/13/2016 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a Newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, State of California Case No. 191236. I declare under penalty of perjury that the foregoing is true and correct. Executed on STATE 6F CALIFORNIA `d ri, �a �{v'a: '�`..P ittroll" at a"iegular eebn9 . •.., _ ( , 21, 2015,aod adoted at a regular meetm o} September of on October S, 2016, bVth, fol oWingPa? Rgberts, and M'aybr,' MF bn, �;I„ [ounolmembe r %aj;`Councilmember AYES. Counalmgmber Y�Vrs NBr ProTem Mllly ABSENT' p � ABSTAIN None ES TNOMPSON CIT;fgrAaK ♦ �g/��/2016 At publistled JAM City o++fi� Palm SPri.9,•Cd r,.j r,. r.ui ur to a5•tb CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: October 5, 2016 Subject: Ordinance No. 1900 AFFIDAVIT OF PUBLICATION I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on October 13, 2016. I declare under penalty of perjury that the foregoing is true and correct. Kathleen b. Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathleen D. Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on October 11, 2016. I declare under penalty of perjury that the foregoing is true and correct. Kathleen D. Hart, MMC Chief Deputy City Clerk ORDINANCE NO. 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH. City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 56 detached residential units and 25 attached multi- family units on 12.38+/- acres of land generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel. 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. 1900 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 21, 2016, and adopted at a regular meeting of the City Council held on October 5, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Roberts, and Mayor Moon. NOES: Councilmember Kors. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. /. <MES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1900 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT 379 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 12.38-ACRE SITE ADDRESSED AT 777 SOUTH PALM CANYON DRIVE AND BOUNDED BY PALM CANYON DRIVE TO THE EAST, TAHQUITZ CREEK (WASH) TO THE NORTH, BELARDO ROAD TO THE WEST AND PRIVATE PROPERTY TO THE SOUTH. City Attorney's Summary This Ordinance approves a planned development district in lieu of a zone change to accommodate the development of 56 detached residential units and 25 attached multi -family units on 12.38+/- acres of land generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC. ("Applicant') filed an application pursuant to Palm Springs Zoning Code Section 94.07.00 (Zone Map Change / Change of Zone) and Section 94.03.00 (Planned Development District) seeking approval of a Planned Development District in lieu of a Change of Zone (Case 5.1378 PD-379) to construct 56 detached residential dwellings and 25 attached residential dwellings with private streets and open space on 12.38-acres of land located at 777 South Palm Canyon Drive. B. The Applicant submitted related applications, including a Tentative Tract Map application (Case TTM 36914) to subdivide the project land into 57 residential lots and common area parcels for private streets and open space pursuant to Title 9 of the Palm Springs Municipal Code and a Major Architectural application (Case 3.3876 MAJ) to review proposed architecture pursuant to Section 94.04.00 of the Zoning Code. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law; and on May 25, 2016, the Planning Commission 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 presented, and voted 6-0 to recommend approval of the subject project. D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law; and on July 6, 2016, the City Council held a public hearing in Ordinance No. 1900 Page 2 accordance with applicable law and directed the Applicant to make revisions for review with a City Council ad hoc subcommittee and then return the project back to Council for decision. E. The Council ad hoc subcommittee reviewed changes to the project and provided direction to the Applicant. F. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given again in accordance with applicable law; and on September 21, 2016, the City Council held a public hearing in accordance with applicable law. G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff report, the Mitigated Negative Declaration, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.07.00 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding: 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 project is located in the Mixed -Use / Multi -Use (MU/MU) land use designation of the 2007 General Plan, allowing a mix of office, retail and residential uses. For residential projects, a density of up to 15 dwelling units per acre is permitted (or up to 30 d.u. per acre with PD approval). The project proposes 6.5 residential dwelling units per acre, which is consistent with MU/MU land use designation. In addition, the project complies with the following General Plan Policies: CD19.7 — Design new development with the pedestrian in mind by including wide sidewalks, shade street trees, sitting areas, and clearly defined pedestrian routes. CD20.1 — Create a pedestrian -friendly environment along midblock corridor residential development through the use of landscaping, shade trees, special paving, pedestrian - scaled lighting, and small gathering spaces. Policy CD.22.7 Ensure that residential communities are well connected with each other and with nearby commercial uses through the inclusion of pedestrian and bicycle friendly design feature such as trails, paths, and pedestrian oriented streets in the neighborhood's design. Ordinance No. 1900 Page 3 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 current zoning of the project site is C-1 and R-3. In accordance with Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested a PD in lieu of zone change to establish PD-379 with specific permitted uses and development standards. The proposed uses for PD-379 include 81 attached and detached residential dwellings. Detached residences will be constructed on lots ranging from 5,000-square feet to 7,700-square feet in size, which is adequate for the dwelling, garage, driveway and private yard space. The attached units are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages, landscape, and common open space. All units will have adequate vehicular and pedestrian access. Primary vehicular access is provided from Belardo Road. At widths of 37-feet, internal streets are wide enough to accommodate travel lanes and street parking. Pedestrian access is provided throughout the site with pedestrian paseos. Linkages to the Tahquitz Creek trail are also proposed on the north side of the site. The scale and size of the project is consistent with other residential projects in the City. Eighty-one units across the 12.4-acre site equates to 6.5-dwelling units per acre, or 6,658-square feet of gross lot area per residence. Properties in the vicinity include higher density projects, such as the mobile home park to the southwest, and lower density projects, like single-family homes in the Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron project involves a mix of residential, live/work and commercial space at a density of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and proposed uses in PD-379. 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 project is adjacent to two streets and a watercourse. To the south of the site are remnants of a demolished automobile dealership. At the northeast corner of the project site is a derelict commercial property. The proposed land use will improve the Palm Canyon corridor and will remove an unsightly condition on -site. Therefore, the proposal is not likely to be detrimental to the adjacent properties and residents, and will enhance redevelopment of all properties and improve activity of corridor. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1: CEQA. The City Council independently reviewed and considered the information contained in the Mitigated Negative Declaration (MND) and subsequent environmental analysis. The Ordinance No. 1900 Page 4 MND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the Initial Study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the City Council adopts a Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2: Preliminary PD in lieu of a Zone Change. The City Council approves PD 379 in lieu of a Change of Zone (Case 5.1378) as conditioned by City Council Resolution No. 24100 for Case 5.1378 PD-379 ZC / 3.3876 MAJ / TTM 36914. SECTION 3. Zoning Map change. The City Council approves the zone map change from "C-1" and "R-3" to PD 379 for a roughly 12.38-acre site generally located southwest of Palm Canyon Drive and the Tahquitz Creek watercourse channel, currently addressed at 777 South Palm Canyon Drive, in conjunction with Case Nos. 5.1378 PD-379 ZC / TTM 36914 / 3.3876 MAJ. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. Expiration. If the entitlement granted under City Council Resolution No. 24100 expires, this Ordinance shall automatically expire without notice, and the site shall revert to its previous zoning designations of "C-1" and "R-3". 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 5T" DAY OF OCTOBER, 2016. ATTEST: JAMES THOMPSON, CITY CLERK ROBERT MOON, MAYOR Ordinance No. 1900 Page 5 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. 1900 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 21, 2016, and adopted at a regular meeting of the City Council held on October 5, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Roberts, and Mayor Moon. NOES: Councilmember Kors. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California