HomeMy WebLinkAbout23454 RESOLUTION NO. 23454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING
AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL
PLAN, ADOPTED BY RESOLUTION NO. 22077, CHANGING
THE LAND USE DESIGNATION FOR A ROUGHLY 35,766
SQUARE FOOT PARCEL LOCATED AT THE NORTHEAST
CORNER OF EAST TAHQUITZ CANYON WAY AND NORTH
CERRITOS DRIVE, FROM -0" (OFFICE) TO "MDR" (MEDIUM
DENSITY RESIDENTIAL) FOR ZONING CONSISTENCY.
APN'S 502-075-001 AND 502-075-002; ZONE R-2.
WHEREAS, the current General Plan of the City of Palm Springs was adopted by
the City Council in 2007; and
WHEREAS, the General Plan Land Use Designation in the 2007 General Plan
update for the subject parcel was changed from "M15"(Medium Density Residential) to
"0" (Office) in recognition of the emerging trend of office development along this section
of Tahquitz Canyon Way over the past twenty years or so, This new land use
designation allows for the development of offices, retail uses that are directly related to
office operations, and pharmacies associated with medical office uses; and
WHEREAS, the zoning designation on the City's Zoning Map for the subject
parcel is "R-2" (Limited Multiple-family Residential). Multi-family residential uses are
permitted "by right' in this zone designation and Office uses are permitted with a
Conditional Use Permit (CUP); and
WHEREAS, the owner of the subject parcel submitted a Major Architectural
Application (MAJ) proposing a nine-unit residential condominium use (Case 3.3625
MAJ), which was not consistent with the General Plan "Office" land use designation;
and
WHEREAS, for purposes of analysis of the proposed project under the California
Environmental Quality Act (CEQA), in order for the City to make the findings of
consistency with the General Plan on the nine-unit condominium project, the General
Plan land use designation must be changed to one that allows for residential uses and
the land use designation that most closely aligns with the zoning map designation of
R-2 is "MDR" (multi-family residential); and
WHEREAS, the proposed General Plan Amendment is considered a project
under the guidelines of the California Environmental Quality Act (CEQA). An initial
study was conducted and a 20-day public comment period was initiated. No additional
Resolution No. 23454
Page 2
information was discovered during the public comment period and a Notice of Intent to
adopt a Negative Declaration under CEQA has been proposed; and
WHEREAS, a public hearing notice of the Planning Commission of the City of
Palm Springs, California was published in accordance with applicable law; and
WHEREAS, a public hearing of the Planning Commission was held on
September 25, 2013 to consider Case 3.3625 MAJ / 5.1299 GPA. At said meeting the
Planning Commission carefully reviewed and considered all of the evidence presented
in connection with the public hearing on the project, including but not limited to the staff
report, and all written and oral testimony presented and voted 7-0 to adopt the Negative
Declaration pursuant to CEQA, to approve Case 3.3625 MAJ, and to recommend
approval of Case 5.1299 GPA by the City Council; and
WHEREAS, Palm Springs is a charter city organized under the laws of the State
of California and zoning regulations of the City are not required to be consistent with the
General Plan; however, it is the desire of the Planning Commission that the General
Plan ensure consistent and fair administration of the City's land use policies and
programs; and
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs, California was published in accordance with applicable law; and
WHEREAS, on November 6, 2013 a public hearing of the City Council was held,
at which the Council considered Case 5.1299 GPA, an Amendment to the General Plan
of the City of Palm Springs, California, proposing to amend the land use designation for
an approximately 35,766 square foot parcel at the, northeast corner of East Tahquitz
Canyon Way and North Cerritos Road from "O" (Office) to "MDR" (Multi-family
residential); and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the public hearing 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
RESOLVE AS FOLLOWS:
SECTION 1: To adopt a Negative Declaration pursuant to the guidelines of
CEQA for case 5.1299 GPA.
SECTION 2: To approve case 5.1299 GPA, an amendment to the General Plan
of the City of Palm Springs by changing the land use designation for the subject 35,766
square foot parcel located at the northeast corner of East Tahquitz Canyon Way and
North Cerritos Road from "O" (Office) to "MDR" (Medium Density Residential) to
establish General Plan consistency with the underlying R-2 zone to allow development
of the proposed nine-unit condominium project.
Resolution No. 23454
Page 3
ADOPTED THIS 6T" DAY OF NOVEMBER, 2013.
David H. Ready, City r
ATTEST:
;;a—mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23454 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on November 6, 2013, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Zmes Thompson, City Clerk /f Palm Springs, California i fg/2D 3