HomeMy WebLinkAbout1862 ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT (PDD) 368 IN LIEU OF A CHANGE
OF ZONE FOR AN APPROXIMATELY 0.91-ACRE PARCEL
LOCATED ON THE NORTH SIDE OF WEST VISTA CHINO ROAD
AT KAWEAH ROAD (260 WEST VISTA CHINO ROAD) AND
CEQA NOTICE OF EXEMPTION.
City Attorney's Summary
This Ordinance approves a Planned Development District in lieu of
zone change from the R-3 Zone to accommodate 3 residential units
on property generally located at 260 West Vista Chino Road.
WHEREAS, Gain Limited Partnership ("Applicant") has filed an application with
the City pursuant to Section 94.03.00 (Planned Development District), and 94.07.00
(Zone Change) of the Zoning Code, seeking approval for a Planned Development
District in Lieu of a Change of Zone (including Preliminary Development Plans)
proposing three single-family residential dwellings with minor deviations to development
standards on an approximately 0.91-acre parcel located at 260 West Vista Chino Road;
and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case Nos. 5.1333 PD 368, was given in accordance with
applicable law; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case No. 5.1333 PD 368 in-lieu of change of zone, was given
in accordance with applicable law; and
WHEREAS, on August 27, 2014, a public hearing on the application was held by
the Planning Commission in accordance with applicable law, and the Commission
adopted Resolution No. 6443; unanimously recommending approval of Case No.
5.1333 PD 368 in lieu of change of zone; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case Nos. 5.1333 PD 368 in lieu of change of zone, was given in
accordance with applicable law; and
WHEREAS, on November 5, 2014, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project has been determined to be a project subject to environmental
Ordinance No. 1862
Page 2
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case No. 5.1333 PDD 368 in-lieu of change of zone; and
WHEREAS, 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, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendment is considered a "project" pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the proposed
amendment be determined to be Categorically Exempt from the provisions of CEQA
under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for
the California Environmental Quality Act, because the proposed zone text proposes
minor changes to land use limitations for the 0.91-acre site; and
SECTION 2. Pursuant to Section 94.07.00 (Change of Zone), "the council in
reviewing a proposed change of zone shall consider whether the following conditions
exist in reference to the proposed zoning of the subject property":
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice
may be given and hearings held on such general plan amendment
concurrently with notice and hearings on the proposed change of zone.
The General Plan land use designation of the subject site is LDR (Low Density
Residential). This designation allows residential uses with densities of up to six dwelling
units per acre. The proposed project includes single family residences at a density of
about three dwelling units per acre, which is consistent with the type and density of
development within the LDR land use designation. Thus, the proposed change of zone
is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone permits. The
proposed site plan incorporates a private access way that will be required to conform to
the minimum width standards for access and safety. The project proposes lot sizes that
are adequate to provide usable outdoor space, including outdoor living. Thus, the
project is deemed consistent with this finding.
Ordinance No. 1862
Page 3
c. 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 applicant proposes single-story single-family dwelling units on individual lots
exceeding 13,000-square feet in size. Similar development exists to the west and
south. The proposed zone change is necessary and proper to allow a lower density
project. The use would not be detrimental to adjacent property or residents in this area
due to a less dense project and zoning.
SECTION 3. The City Council adopts an ordinance to approve the zone map
change which changes the land use classification / zoning designation from R-3 to PD
368 for a roughly 0.91-acre area located on the north side of West Vista Chino Road
and Kaweah Road, in conjunction with Case Nos. 5.1333 PDD 368, subject to those
conditions of approval attached as Exhibit "A" to Resolution 23687.
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 19T" DAY OF NOVEMBER, 2014.
/ ,
STEPH N P. POUGNET, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1862
Page 4
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. 1862 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on November 5, 2014,
and adopted at a regular meeting of the City Council held on the 19th day,
November, 2014, by the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CMES THOMPSON, CITY CLERK
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