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<«oIt X City Council Staff Report
DATE: January 21, 2015 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1869 TO
APPROVING A PRELIMINARY AND FINAL PLANNED DEVELOPMENT
DISTRICT (PDD) 370 IN LIEU OF A CHANGE OF ZONE FOR A PROPOSED
COMMUNITY COMPRISED OF 46 TWO-STORY DETACHED RESIDENTIAL
UNITS, PRIVATE STREETS, AND OPEN SPACE ON A ROUGHLY 5.23 ACRE
SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON
DRIVE AND ALVARADO ROAD (CASE 5.1340 CUP PDD 370/3.3742 MAJ/TTM
36725)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1869,
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1869, "
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD) 370 IN LIEU OF A
CHANGE OF ZONE FOR A PROPOSED COMMUNITY COMPRISED OF 46 TWO-STORY
DETACHED RESIDENTIAL UNITS, PRIVATE STREETS, AND OPEN SPACE ON A
ROUGHLY 5.23 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM
CANYON DRIVE AND ALVARADO ROAD (APN'S 504-074-001, 002 AND 008) (CASE 5.1340
CUP PDD 370/3.3742 MAJ/TTM 36725)."
STAFF ANALYSIS:
On January 7, 2015, Ordinance No. 1869 was introduced for first reading, as noted
below:
ACTION: Waive the reading of the ordinance text in its entirety, read by title
only, and introduce on first reading Ordinance No. 1868, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY
AND FINAL PLANNED DEVELOPMENT DISTRICT (PDD) 370 IN LIEU OF A CHANGE
OF ZONE FOR A PROPOSED COMMUNITY COMPRISED OF 46 TWO-STORY
DETACHED RESIDENTIAL UNITS, PRIVATE STREETS, AND OPEN SPACE ON A
Item No. 2 . E .
ADOPTION OF ORDINANCE NO. 1869
January 21, 2015
Page 2 of 2
ROUGHLY 5.23 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD (APN'S 504-074-001, 002 AND 008)
(CASE 5.1340 CUP PDD 370/3.3742 MAJ/TTM 36725)." Motion Councilmember
Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll
call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Mills, Mayor Pro Tem Lewin, and Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, Esq.,
City Clerk City Manager
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Attachments:
Ordinance No. 1869
02
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT IN LIEU OF A
CHANGE OF ZONE FOR DEVELOPMENT OF 46
DETACHED RESIDENTIAL UNITS, PRIVATE ROADS
AND OPEN SPACE ON A 5.23 +/- ACRE PARCEL
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD [CASE
5.1340 PDD 370]
City Attorney's Summary
This Ordinance approves a final planned development
district in lieu of a zone change to accommodate the
development of 46 detached residential units on a 5.23+/-
acre parcel generally located at the southeast corner of
North Palm Canyon drive and Alvarado Road.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. West Coast Housing Partners, LLC on behalf of the Owner, The Eric
Brandenburg Separate Property Trust submitted applications pursuant to Palm
Springs Zoning Code Section 94.03 & 93.07 (Planned Development, Zone
Change) Section 94.04 (Architectural Review), Section 94.02 & 92.25.00
(Conditional Use Permit / Resort Combining Zone) and Municipal Code Section
9.62 (Maps) seeking approval of a Planned Development District in lieu of a
Change of Zone, a Tentative Tract Map, and a Major Architectural Application
and a Conditional Use Permit via the PDD for development of a gated community
comprised of 46 two-story residential detached units, private streets, common
open space and landscaping on a roughly 5.23 acre site located at the southeast
corner of North Palm Canyon Drive and Alvarado Road (Case 5.1340 PDD 370
CUP / 3.3742 MAJ, TTM 36725) (APN's 504-074-001, 002 & 008).
B. On August 11, 2014, the subject project was reviewed by the City's
Architectural Advisory Committee (AAC), which voted 5-0-1-1 (Song abstained,
Secoy-Jenson absent) to recommend approval of the project by the Planning
Commission subject to the condition that the applicant submit the final landscape
plan to a subcommittee of the AAC (members Purnell/Fredricks/Cassady) for
review and recommendation of approval to the Planning Director prior to
issuance of building permits.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM
36725 was given in accordance with applicable law and on October 8, 2014 a
03
Ordinance No.
Page 2
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing, 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 7-0 to table the
matter with direction to the applicant to modify the project.
D. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM
36725 was given in accordance with applicable law and on November 19, 2014 a
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing 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 5-2-0 (Calerdine
and Klatchko opposed) to table the matter and refer it back to the applicant with
direction to revise several aspects of the project.
E. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP, 3.3742 MAJ, TTM
36725 was given in accordance with applicable law and on December 10, 2014 a
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing 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 7-0 to approve the
project with conditions and recommend its approval by City Council subject to
those conditions.
F. A notice of public hearing of the City Council of the City of Palm Springs,
California to consider Case 5.1340 PDD 370, TTM 36725 was given in
accordance with applicable law and on January 7, 2015, the City Council held a
public hearing in accordance with applicable law.
G. A Planned Development District in lieu of a Change of Zone is required to
be adopted by ordinance as provided in the City's Municipal Code and the
proposed project is proposed to be adopted by Ordinance.
H. 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 MND, 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:
04
Ordinance No.
Page 3
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 land use designation
of the General Plan. This designation allows residential uses to a maximum
density of 30 du/ac with approval of a Planned Development District (PDD). The
underlying zone is RGA-6 / C-1 and R-3. The density for the RGA-6 zone is
6du/ac and for R-3 is 30 du/ac. The project proposes roughly 9du/ac and thus
conforms in terms of density with the General Plan. The proposed density is
50% greater than the underlying RGA-6 zone, less than those portions of the
project that are zoned R-3. The Planning Commission approved the project as a
PDD in lieu of a change of zone and therefore the density proposed becomes the
approved density for the project.
The General Plan notes that the Mixed-use / Multi-use designation "should
promote civic activity, define neighborhood character, and provide places for
people to meet and socialize, enhancing the area's overall quality of life. These
areas are intended to provide services and distinct gathering places and activity
centers for surrounding neighborhoods and businesses."
The General Plan also notes for this specific Mixed Use area (called "Artist
Colony") "the northern end of the City lacks distinct gathering places, with
residents and businesses relying mainly upon Downtown to serve this need. The
Artist Colony provides opportunity to introduce housing along Palm Canyon Drive
and to provide much-needed neighborhood-serving commercial uses and
gathering spaces."
The proposed project is limited in its success at promoting civic activity, and in
providing places for people to meet and socialize. Aside from the small
accessory structures that face Palm Canyon that might be used as home-based
businesses, the project does little to provide "much needed neighborhood serving
commercial uses". The project is proposed as a gated community that separates
itself from the existing surrounding neighborhood. The project turns back yards
toward the public streets, provides no internal sidewalks and creates a
monotonous "wall of garage doors" facing the internal private streets instead of
porches, yards, or other architectural features that would promote more "eyes on
the streets" and that might encourage community interaction. The small "oasis"
for bicyclists at the corner of Palm Canyon Drive and Alvarado provides little in
the way of amenities to encourage civic activity, or community gathering and is
separated with walls and gates from the rest of the proposed development.
Aside from the perimeter walls and narrow strips of landscaping, places that
would contribute to creating an appealing "character" for this neighborhood are
05
Ordinance No,
Page 4
lacking in this proposal, however the City Council has conditioned the project to
address these issues and enable the project to be deemed consistent with this
finding.
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 proposed project is located in the C-1/RGA-6/R-3 Zones with the Resort
Combining Zone Overlay. The PDD is proposed to change the split zoning to a
single residential zone with its own unique development standards. The project
is considerably denser than the existing large lot, single family development in
the vicinity of the project; however the detached residential uses proposed are
suitable and similar to the single family detached residential uses in the vicinity.
Although the project has frontage along Palm Canyon Drive, it is suitable and
appropriate that vehicular access to the project is proposed from the adjacent
collector street rather than Palm Canyon Drive. Thus the City Council has
determined that the project conforms to this finding.
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.
Proposing residential uses for the subject site is appropriate given that the
general development pattern in the vicinity is also residential. The General Plan
promotes the concept of "Mid-block residential" along major thoroughfares, which
encourages clustering of commercial / retail uses at the major intersections within
walking distance to residential areas, rather than as a long commercial strip that
relies more heavily on vehicular movement. The City Council deemed the project
in conformance with this finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1: CEQA.
The project has been reviewed under the provisions of the California
Environmental Quality Act (CEQA). An initial study was conducted and the City
concluded that the project as proposed had the potential to cause significant
negative impacts on the environment. The analysis included all required CEQA
issues, including but not limited to air quality, traffic, land use compatibility and
hydrology. Mitigation Measures have been identified and included in the project
to reduce the project's significant impacts to a less than significant level and a
Mitigated Negative Declaration (MND) was determined to be an appropriate and
adequate environmental document for the review and consideration of the
project. The CEQA analysis including a Notice of Intent (NOI) to adopt a
Mitigated Negative Declaration was made available for public comment for a 20-
day period from September 3, 2014 to September 23, 2014. Public comment
os
Ordinance No.
Page 5
letters were received which are attached to this staff report; however, no new
information was provided that would require recirculation or further analysis of
the project's impacts under CEQA.
The City Council independently reviewed and considered the information
contained in the draft MND and NOI prior to its review of the proposed project,
and the draft 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 the project as proposed, including all required
permits, has the potential to cause significant impacts on the environment but the
proposed Mitigation Measures would reduce those impacts to a less than
significant level. Therefore the City Council hereby adopts the Mitigated
Negative Declaration as a complete and adequate evaluation of the project
pursuant to CEQA.
SECTION 2. The City Council approves PDD 370 in lieu of a Change of Zone
(Case 5.1340) as conditioned by City Council Resolution No. for Case
5.1340 PDD 370 / CUP /TTM 36725 / 3.3745 MAJ.
SECTION 3. The City Council approves the zone map change from C-1 / RGA-6
/ R-3 to PDD 370 for a roughly 5.23-acre area at the southeast corner of North
Palm Canyon Drive and Alvarado Road, in conjunction with Case 5.1340 PDD
370 / CUP /TTM 36725 / 3.3742 MAJ.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 5. 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 7th day of January, 2015.
MAYOR
ATTEST:
City Clerk
07
Ordinance No.
Page 6
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 1
08
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT IN LIEU OF A
CHANGE OF ZONE FOR DEVELOPMENT OF 46
DETACHED RESIDENTIAL UNITS, PRIVATE ROADS
AND OPEN SPACE ON A 5.23 +/- ACRE PARCEL
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD [CASE
5.1340 PDD 370]
City Attorney's Summary
This Ordinance approves a final planned development
district in lieu of a zone change to accommodate the
development of 46 detached residential units on a 5.23+/-
acre parcel generally located at the southeast corner of
North Palm Canyon drive and Alvarado Road.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. West Coast Housing Partners, LLC on behalf of the Owner, The Eric
Brandenburg Separate Property Trust submitted applications pursuant to Palm
Springs Zoning Code Section 94.03 & 93.07 (Planned Development, Zone
Change) Section 94.04 (Architectural Review), Section 94.02 & 92.25.00
(Conditional Use Permit / Resort Combining Zone) and Municipal Code Section
9.62 (Maps) seeking approval of a Planned Development District in lieu of a
Change of Zone, a Tentative Tract Map, and a Major Architectural Application
and a Conditional Use Permit via the PDD for development of a gated community
comprised of 46 two-story residential detached units, private streets, common
open space and landscaping on a roughly 5.23 acre site located at the southeast
corner of North Palm Canyon Drive and Alvarado Road (Case 5.1340 PDD 370
CUP / 3.3742 MAJ, TTM 36725) (APN's 504-074-001, 002 & 008).
B. On August 11, 2014, the subject project was reviewed by the City's
Architectural Advisory Committee (AAC), which voted 5-0-1-1 (Song abstained,
Secoy-Jenson absent) to recommend approval of the project by the Planning
Commission subject to the condition that the applicant submit the final landscape
plan to a subcommittee of the AAC (members Purnell/Fredricks/Cassady) for
review and recommendation of approval to the Planning Director prior to
issuance of building permits.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM
36725 was given in accordance with applicable law and on October 8, 2014 a
/ja
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Ordinance No.
Page 2
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing, 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 7-0 to table the
matter with direction to the applicant to modify the project.
D. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM
36725 was given in accordance with applicable law and on November 19, 2014 a
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing 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 5-2-0 (Calerdine
and Klatchko opposed) to table the matter and refer it back to the applicant with
direction to revise several aspects of the project.
E. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP, 3.3742 MAJ, TTM
36725 was given in accordance with applicable law and on December 10, 2014 a
public hearing of the Planning Commission of the City of Palm Springs, California
was held in accordance with applicable law. At said hearing 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 7-0 to approve the
project with conditions and recommend its approval by City Council subject to
those conditions.
F. A notice of public hearing of the City Council of the City of Palm Springs,
California to consider Case 5.1340 PDD 370, TTM 36725 was given in
accordance with applicable law and on January 7, 2015, the City Council held a
public hearing in accordance with applicable law.
G. A Planned Development District in lieu of a Change of Zone is required to
be adopted by ordinance as provided in the City's Municipal Code and the
proposed project is proposed to be adopted by Ordinance.
H. 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 MND, 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:
Ordinance No.
Page 3
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 land use designation
of the General Plan. This designation allows residential uses to a maximum
density of 30 du/ac with approval of a Planned Development District (PDD). The
underlying zone is RGA-6 / C-1 and R-3. The density for the RGA-6 zone is
6du/ac and for R-3 is 30 du/ac. The project proposes roughly 9du/ac and thus
conforms in terms of density with the General Plan. The proposed density is
50% greater than the underlying RGA-6 zone, less than those portions of the
project that are zoned R-3. The Planning Commission approved the project as a
PDD in lieu of a change of zone and therefore the density proposed becomes the
approved density for the project.
The General Plan notes that the Mixed-use / Multi-use designation "should
promote civic activity, define neighborhood character, and provide places for
people to meet and socialize, enhancing the area's overall quality of life. These
areas are intended to provide services and distinct gathering places and activity
centers for surrounding neighborhoods and businesses."
The General Plan also notes for this specific Mixed Use area (called "Artist
Colony") "the northern end of the City lacks distinct gathering places, with
residents and businesses relying mainly upon Downtown to serve this need. The
Artist Colony provides opportunity to introduce housing along Palm Canyon Drive
and to provide much-needed neighborhood-serving commercial uses and
gathering spaces."
The proposed project has set forth a number of places for people to meet and
socialize. The project is proposed as a gated community that separates itself
from the existing surrounding neighborhood without disrupting the flow of the
surrounding street system. The project is designed to encourage residents to
interact with the public streets and sidewalks by having individual entry gates to
all units adjacent to North Palm Canyon Drive and Alvarado Road. The "oasis'
for bicyclists at the corner of Palm Canyon Drive and Alvarado provides
amenities to encourage civic activity, community gathering and wellness and is
connected with a pedestrian gate to the rest of the proposed development. Aside
from the perimeter walls and landscaping, places that would contribute to
creating an appealing "character' for this neighborhood are placed near the main
entry, share space with the required retention basin, and use another space for a
bocce court.
Ordinance No.
Page 4
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 proposed project is located in the C-1/RGA-6/R-3 Zones with the Resort
Combining Zone Overlay. The PDD is proposed to change the split zoning to a
single residential zone with its own unique development standards. The project
is considerably denser than the existing large lot, single family development in
the vicinity of the project; however the detached residential uses proposed are
suitable and similar to the single family detached and multifamily attached
residential uses in the vicinity. Although the project has frontage along Palm
Canyon Drive, it is suitable and appropriate that vehicular access to the project is
proposed from the adjacent collector street rather than Palm Canyon Drive.
Thus the City Council has determined that the project conforms to this finding.
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.
Proposing residential uses for the subject site is appropriate given that the
general development pattern in the vicinity is also residential. The General Plan
promotes the concept of"Mid-block residential" along major thoroughfares, which
encourages clustering of commercial / retail uses at the major intersections within
walking distance to residential areas, rather than as a long commercial strip that
relies more heavily on vehicular movement. The City Council deemed the project
in conformance with this finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1: CEQA.
The project has been reviewed under the provisions of the California
Environmental Quality Act (CEQA). An initial study was conducted and the City
concluded that the project as proposed had the potential to cause significant
negative impacts on the environment. The analysis included all required CEQA
issues, including but not limited to air quality, traffic, land use compatibility and
hydrology. Mitigation Measures have been identified and included in the project
to reduce the project's significant impacts to a less than significant level and a
Mitigated Negative Declaration (MND) was determined to be an appropriate and
adequate environmental document for the review and consideration of the
project. The CEQA analysis including a Notice of Intent (NOI) to adopt a
Mitigated Negative Declaration was made available for public comment for a 20-
day period from September 3, 2014 to September 23, 2014. Public comment
letters were received which are attached to this staff report; however, no new
information was provided that would require recirculation or further analysis of
the project's impacts under CEQA.
Ordinance No.
Page 5
The City Council independently reviewed and considered the information
contained in the draft MIND and NOI prior to its review of the proposed project,
and the draft 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 the project as proposed, including all required
permits, has the potential to cause significant impacts on the environment but the
proposed Mitigation Measures would reduce those impacts to a less than
significant level. Therefore the City Council hereby adopts the Mitigated
Negative Declaration as a complete and adequate evaluation of the project
pursuant to CEQA.
SECTION 2. The City Council approves PDD 370 in lieu of a Change of Zone
(Case 5.1340) as conditioned by City Council Resolution No. for Case
5.1340 PDD 370 / CUP / TTM 36725 / 3.3745 MAJ.
SECTION 3. The City Council approves the zone map change from C-1 / RGA-6
/ R-3 to PDD 370 for a roughly 5.23-acre area at the southeast corner of North
Palm Canyon Drive and Alvarado Road, in conjunction with Case 5.1340 PDD
370 / CUP / TTM 36725 / 3.3742 MAJ.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 5. 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 7th day of January, 2015.
MAYOR
ATTEST:
City Clerk
Ordinance No.
Page 6
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 1
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262 f R Er A L V $P r :- '
760-778-4578/Fax 760-778-4731
2015 FEB -4 AM 8: 50
State Of California ss: JAME$ TIi( Ht ',)il'�
County of Riverside CITY CLERK
Advertiser:
CITY OF PALM SPRINGS/LEGALS 1 1 1
PO BOX 2743
PALM SPRINGS CA 922632
i
2000542364
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
No 0137
1/31/2015 ORDINANCE NO.INN
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A PRE-
LIMINARY AND FINAL PLANNED DEVELOP-
MENT DISTRICT PD 370 IN LIEU OF A
CHANGE OF ZON FO A PROPOSED COM-
MUNITY COMPRISED OF 45 TWO-STORY DE-
TACHED RESIDENTIAL. UNITS, PRIVATE
STREETS AND OPEN SPACE ON A ROUGHLY
523 ACRI: SITE LOCATED AT THE SOUTH
EAST CORNER OF NORTH PALM CANYON
I acknowledge that I am a principal Clerk of the printer of DRIVE AND ALVARADO ROAD fAPN'S 504-07C
The Desert Sun, panted and published weekly in the City 37ay.37yz AND 6725). 5.f3au CUP PDD
of Palm Springs, County of Riverside, State of California. City Ano Summary
The Desert Sun was adjudicated a newspaper of general This Ordinance �ros a Mal plane davelop-
mem district in lieu of a lone change 10 BCCannitr
circulation on March 24, 1988 by the Superior Court of the date the development of 46 detached residential
Count of Riverside, State of California Case No. units on a 5.23H-scm parcel PaInCa located at
Y the southeast Comer of Canyon 01v6
191236. and Alvarado Road.
CERTIFICATION -
I declare under penally of perjury that the foregoing is true STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ss.
CITY OF PALM SPRINGS))
and correct. Ex don his 31st day of January, 2015 in
I JAMES THOMPSON,C�'�tryy Clerk of the City of
Palm Sprin ,Califonia. helm Springs,Callfomla,dohereby certify that Or-
dinance No.1869 is a full,true and correct ,
and was introduced at a regular meeting of�ye
Palm Spnngs City Council on January, ,2015,
and adapted at a regular meeting of me City
Caunul held on the 21 N day of January,2015,by
the following vote:
AYES: Councilmembers Foat, Hutcheson,
Mills Maya Pro Tom Lewin,and Mayor Pougnat.
N09S: None
c rants Signature ABSENT: None
ABSTAIN: None
JAMES THOMPSON,CITY CLERK
City of Palm Spam,Caldlornia
Published:if31/7/
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: January 21, 2015
Subject: Ordinance No. 1869
AFFIDAVIT OF PUBLICATION
I, Kathie 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
January 31, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were 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 January 27, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
Vy" ,
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1869
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT (PDD) 370 IN LIEU
OF A CHANGE OF ZONE FOR A PROPOSED
COMMUNITY COMPRISED OF 46 TWO-STORY
DETACHED RESIDENTIAL UNITS, PRIVATE STREETS,
AND OPEN SPACE ON A ROUGHLY 5.23 ACRE SITE
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD (APN'S
504-074-001, 002 AND 008) (CASE 5.1340 CUP PDD
370/3.3742 MAJ/TTM 36725).
City Attorney's Summary
This Ordinance approves a final planned development district in lieu of a zone change
to accommodate the development of 46 detached residential units on a 5.23+/- acre
parcel generally located at the southeast corner of North Palm Canyon drive and
Alvarado Road.
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. 1869 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on January 7, 2015,
and adopted at a regular meeting of the City Council held on the 215t day of
January, 2015, by the following vote:
AYES: Councilmembers Foat, Hutcheson, Mills, Mayor Pro Tern Lewin,
and Mayor Pougnet.
NOES: None
ABSENT: None
ABSTAIN: None
AMES THOMPSON' CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1869
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A PRELIMINARY AND FINAL
PLANNED DEVELOPMENT DISTRICT (PDD) 370 IN LIEU
OF A CHANGE OF ZONE FOR A PROPOSED
COMMUNITY COMPRISED OF 46 TWO-STORY
DETACHED RESIDENTIAL UNITS, PRIVATE STREETS,
AND OPEN SPACE ON A ROUGHLY 5.23 ACRE SITE
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND ALVARADO ROAD (APN'S
504-074-001, 002 AND 008) (CASE 5.1340 CUP PDD
370/3.3742 MAJ/TTM 36725).
City Attorney's Summary
This Ordinance approves a final planned development district in
lieu of a zone change to accommodate the development of 46
detached residential units on a 5.23+/- acre parcel generally
located at the southeast corner of North Palm Canyon drive and
Alvarado Road.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. West Coast Housing Partners, LLC on behalf of the Owner, The Eric
Brandenburg Separate Property Trust submitted applications pursuant to Palm Springs
Zoning Code Section 94.03 & 93.07 (Planned Development, Zone Change) Section
94.04 (Architectural Review), Section 94.02 & 92.25.00 (Conditional Use Permit/ Resort
Combining Zone) and Municipal Code Section 9.62 (Maps) seeking approval of a
Planned Development District in lieu of a Change of Zone, a Tentative Tract Map, and a
Major Architectural Application and a Conditional Use Permit via the PDD for
development of a gated community comprised of 46 two-story residential detached
units, private streets, common open space and landscaping on a roughly 5.23 acre site
located at the southeast corner of North Palm Canyon Drive and Alvarado Road (Case
5.1340 PDD 370 CUP / 3.3742 MAJ, TTM 36725) (APN's 504-074-001, 002 & 008).
B. On August 11, 2014, the subject project was reviewed by the City's Architectural
Advisory Committee (AAC), which voted 5-0-1-1 (Song abstained, Secoy-Jenson
absent) to recommend approval of the project by the Planning Commission subject to
the condition that the applicant submit the final landscape plan to a subcommittee of the
AAC (members Purnell/Fredricks/Cassady) for review and recommendation of approval
to the Planning Director prior to issuance of building permits.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM 36725
was given in accordance with applicable law and on October 8, 2014 a public hearing of
Ordinance No. 1869
Page 2
the Planning Commission of the City of Palm Springs, California was held in accordance
with applicable law. At said hearing, 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 7-0 to table the matter with direction to the applicant to modify the project.
D. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP / 3.3742 MAJ / TTM 36725
was given in accordance with applicable law and on November 19, 2014, a public
hearing of the Planning Commission of the City of Palm Springs, California was held in
accordance with applicable law. At said hearing 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 5-2-0 (Calerdine and Klatchko opposed) to table the
matter and refer it back to the applicant with direction to revise several aspects of the
project.
E. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California to consider Case 5.1340 PDD 370, CUP, 3.3742 MAJ, TTM 36725
was given in accordance with applicable law and on December 10, 2014, a public
hearing of the Planning Commission of the City of Palm Springs, California was held in
accordance with applicable law. At said hearing 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 7-0 to approve the project with conditions and
recommend its approval by City Council subject to those conditions.
F. A notice of public hearing of the City Council of the City of Palm Springs,
California to consider Case 5.1340 PDD 370, TTM 36725 was given in accordance with
applicable law and on January 7, 2015, the City Council held a public hearing in
accordance with applicable law.
G. A Planned Development District in lieu of a Change of Zone is required to be
adopted by ordinance as provided in the City's Municipal Code and the proposed
project is proposed to be adopted by Ordinance.
H. 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 MND, 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
Ordinance No. 1869
Page 3
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 land use designation of the
General Plan. This designation allows residential uses to a maximum density of 30
du/ac with approval of a Planned Development District (PDD). The underlying zone is
RGA-6 / C-1 and R-3. The density for the RGA-6 zone is 6du/ac and for R-3 is 30
du/ac. The project proposes roughly 9du/ac and thus conforms in terms of density with
the General Plan. The proposed density is 50% greater than the underlying RGA-6
zone, less than those portions of the project that are zoned R-3. The Planning
Commission approved the project as a PDD in lieu of a change of zone and therefore
the density proposed becomes the approved density for the project.
The General Plan notes that the Mixed-use / Multi-use designation "should promote
civic activity, define neighborhood character, and provide places for people to meet and
socialize, enhancing the area's overall quality of life. These areas are intended to
provide services and distinct gathering places and activity centers for surrounding
neighborhoods and businesses."
The General Plan also notes for this specific Mixed Use area (called "Artist Colony")
"the northern end of the City lacks distinct gathering places, with residents and
businesses relying mainly upon Downtown to serve this need. The Artist Colony
provides opportunity to introduce housing along Palm Canyon Drive and to provide
much-needed neighborhood-serving commercial uses and gathering spaces."
The proposed project has set forth a number of places for people to meet and socialize.
The project is proposed as a gated community that separates itself from the existing
surrounding neighborhood without disrupting the flow of the surrounding street system.
The project is designed to encourage residents to interact with the public streets and
sidewalks by having individual entry gates to all units adjacent to North Palm Canyon
Drive and Alvarado Road. The "oasis" for bicyclists at the corner of Palm Canyon Drive
and Alvarado provides amenities to encourage civic activity, community gathering and
wellness and is connected with a pedestrian gate to the rest of the proposed
development. Aside from the perimeter walls and landscaping, places that would
contribute to creating an appealing "character" for this neighborhood are placed near
the main entry, share space with the required retention basin, and use another space
for a bocce court.
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 proposed project is located in the C-1/RGA-6/R-3 Zones with the Resort Combining
Zone Overlay. The PDD is proposed to change the split zoning to a single residential
zone with its own unique development standards. The project is considerably denser
Ordinance No. 1869
Page 4
than the existing large lot, single family development in the vicinity of the project;
however the detached residential uses proposed are suitable and similar to the single
family detached and multifamily attached residential uses in the vicinity. Although the
project has frontage along Palm Canyon Drive, it is suitable and appropriate that
vehicular access to the project is proposed from the adjacent collector street rather than
Palm Canyon Drive. Thus the City Council has determined that the project conforms to
this finding.
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.
Proposing residential uses for the subject site is appropriate given that the general
development pattern in the vicinity is also residential. The General Plan promotes the
concept of "Mid-block residential" along major thoroughfares, which encourages
clustering of commercial / retail uses at the major intersections within walking distance
to residential areas, rather than as a long commercial strip that relies more heavily on
vehicular movement. The City Council deemed the project in conformance with this
finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN:
SECTION 1. CEQA.
The project has been reviewed under the provisions of the California Environmental
Quality Act (CEQA). An initial study was conducted and the City concluded that the
project as proposed had the potential to cause significant negative impacts on the
environment. The analysis included all required CEQA issues, including but not limited
to air quality, traffic, land use compatibility and hydrology. Mitigation Measures have
been identified and included in the project to reduce the project's significant impacts to a
less than significant level and a Mitigated Negative Declaration (MIND) was determined
to be an appropriate and adequate environmental document for the review and
consideration of the project. The CEQA analysis including a Notice of Intent (NOI) to
adopt a Mitigated Negative Declaration was made available for public comment for a
20-day period from September 3, 2014 to September 23, 2014. Public comment letters
were received which are attached to this staff report; however, no new information was
provided that would require recirculation or further analysis of the project's impacts
under CEQA.
The City Council independently reviewed and considered the information contained in
the draft MIND and NOI prior to its review of the proposed project, and the draft 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 the project as proposed, including all required permits, has the potential to cause
significant impacts on the environment but the proposed Mitigation Measures would
reduce those impacts to a less than significant level. Therefore the City Council hereby
Ordinance No. 1869
Page 5
adopts the Mitigated Negative Declaration as a complete and adequate evaluation of
the project pursuant to CEQA.
SECTION 2. The City Council approves PDD 370 in lieu of a Change of Zone
(Case 5.1340) as conditioned by City Council Resolution No. 23742 for Case 5.1340
PDD 370 / CUP /TTM 36725 / 3.3745 MAJ.
SECTION 3. The City Council approves the zone map change from C-1/RGA-
6/R-3 to PDD 370 for a roughly 5.23-acre area at the southeast corner of North Palm
Canyon Drive and Alvarado Road, in conjunction with Case 5.1340 PDD 370 / CUP /
TTM 36725 / 3.3742 MAJ.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect
thirty (30) days after passage.
SECTION 5. 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.
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. 1869 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on January 7, 2015,
and adopted at a regular meeting of the City Council held on the 215t day of
January, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California