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AN�P City Council Staff Report
DATE: July 3, 2013 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1822,
APPROVING PLANNED DEVELOPMENT DISTRICT PDD 363 IN LIEU OF A
CHANGE OF ZONE FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT
THE NORTHEAST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1822.
RECOMMENDATION:
Waive the reading of the full text of the ordinance and adopt Ordinance No. 1822, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE FOR ROUGHLY
7.11 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF AVENIDA
CABALLEROS AND AMADO ROAD."
STAFF ANALYSIS:
On June 19, 2013, Ordinance No. 1822 was introduced for first reading, by the following vote:
ACTION: Waive reading and introduce by title only for first reading Ordinance No. 1822, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY
7.11 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF AVENIDA
CABALLEROS AND AMADO ROAD."
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, and
Mayor Pougnet.
NOES: None.
ABSENT: 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.
es Thompson David H. Read Esq., Ph.D.
City Clerk City Manager
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Attachment: Ordinance No. 1822
Item No. 2. D .
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT
DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE
FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF AVENIDA CABALLEROS AND
AMADO ROAD.
WHEREAS, Sol PS, LLC, ("Applicant') has filed an application with the
City pursuant to Section 94.03.00 (Planned Development District), 94.04.00
(Architectural Review), 94,07.00 (Zone Change) of the Zoning Code and Section
9.1.4 of the Section 14 Specific Plan seeking approval for a preliminary Planned
Development District in Lieu of a Change of Zone proposing 46 single family
residential units and deviations in the underlying development standards on an
approximately 7.11 acre parcel at the northeast corner of Avenida Caballeros
and Amado Road; and
WHEREAS, the applicant has submitted an application with the City pursuant to
Section 9.62 of the City of Palm Springs Municipal Code and the State of
California Subdivision Map Act for Tentative Tract Map No. 36525, and
WHEREAS, notice of a public hearing of the Planning Commission of the
City of Palm Springs to consider Case 5.1296 PDD 363 & TTM 36525, was given
in accordance with applicable law; and
WHEREAS, on May 8, 2013, a public hearing on the applications was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, 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 preliminary PDD in lieu of
Change of Zone and to recommend its approval by Ordinance of the City Council
and approve the Tentative Tract Map by Resolution, subject to Conditions of
Approval; and
WHEREAS, the proposed project is considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA"); and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1297 PDD 364 / TTM 36548, was given in
accordance with applicable law; and
02
Ordinance No.
Page 2
WHEREAS, on June 19, 2013, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it
is effective; and
WHEREAS, an ordinance was prepared for two readings before Council
for the approval of Case 5.1296 PDD 363 and TTM 36525; 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. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the PDD and TTM applications are considered a project under the
guidelines of the California Environmental Quality Act (CEQA). An initial study
was conducted on the site analyzing the project which concluded that there were
aspects of the project that may cause a significant impact on the environment. A
draft mitigated negative declaration (DMND) was proposed and a 20-day public
review period for the Draft Mitigated Negative Declaration (DMND) was held
beginning on April 8, 2013 and ending on April 29, 2013. No comments were
received that would require modification or recirculation of the DMND. Mitigation
measures that would reduce the significant impacts to a less than significant level
have been proposed.
SECTION 2. Pursuant to Zoning Code 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 planned development is consistent and in
conformity with the general plan 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 PDD seeks to amend the Section 14 Specific Plan, which is the
implementing document for the General Plan for this area of the City.
The PDD seeks approval for:
03
Ordinance No.
Page 3
• The addition of single family residences as a permitted use in a
high density land use zone of the Section 14 Specific Plan.
• Reduced density (from HR 15 to 30 du/ac to 6.5 du/ac)
• Reduced front, side and rear yard setbacks.
• Reduced percentage of open space per lot.
• Reduced setbacks for buildings in excess of 15 feet in height.
• Reduced minimum lot sizes for single family residences from 7,500
square feet to an average of 4,560 square feet.
• Elimination of General Plan and Specific Plan-required landscape
median islands along Avenida Caballeros.
• Creation of a gated community (inconsistent with General Plan GP
CD 14.6)
• No provision for pedestrian sidewalks along interior private streets
The proposed PDD if approved would have the effect of a change of
zone and an amendment to the General Plan and Specific Plan. If
approved the project would be deemed consistent.
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 proposed site plan incorporates private streets that conform to
the minimum width required. The project includes adequate means of
emergency access. The proposed single family use is consistent with
adjacent recent similar developments, such as the Morrison, just north
of the subject parcel. Approval of the PDD is required to permit single
family uses in a high density land use designation. The project
proposes lot sizes that are adequate to provide usable outdoor space,
including small pools and spas. Thus the project is deemed consistent
with 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.
The project proposes single family dwelling units on small,
individual lots in a gated community. Similar projects adjacent to this
project (The Morrison) have recently been developed with a similar
housing type and have all been sold to individual homeowners.
Although the high density residential land use designation would also
permit development of greater densities than that proposed, there is
demand in the new home market at this time to support this type of
development. The use would not be detrimental to adjacent property
04
Ordinance No.
Page 4
or residents, in fact, it continues a similar form of single family
residential development in this area that would be complementary in its
overall form and density. The proposed project conforms to this
finding.
SECTION 3. The City Council approves PDD 363 (Case No. 5.1296) as
conditioned by City Council Resolution No. 23376.
SECTION 4. The City Council approves the zone map change from HR to
PD 363 for a roughly 7.11-acre area at the northeast corner of Avenida
Caballeros and Amado Road in conjunction with Case 5.1296 PDD 363 and TTM
36525.
SECTION 5. Effective Date. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6. Publication. The City Clerk is hereby ordered to and
directed to certify to the passage of this Ordinance, and to cause the same or
summary thereof or a display advertisement, duly prepared according to law, to
be published in accordance with law.
ADOPTED this 19th day of June, 2013.
MAYOR
ATTEST:
City Clerk
05
Ordinance No.
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. 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
06
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-7784731
2013 AIL 22 A 8: 34
State Of California ss: J ` 'J:
County of Riverside C 1 T Y C! F :'
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000374673
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 dales,to wit:
No 1345
Newspaper: .The Desert Sun ORDINANCE No.141lit ., a.
SPRINGS ORDINANCE
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of Palm Springs, County of Riverside, Stale of California. CITY OF OFF gryEERRSIIDDE j
The Desert Sun was adjudicated a newspaper of general OF PALM SpRWS
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circulation on March 24, 1986 by the Superior Court of the Alum Spdngg Cal,' Clark oI the Ca,.
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Declarant' Signature
�a
ORDINANCE NO. 1822
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT
DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE
FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF AVENIDA CABALLEROS AND
AMADO ROAD.
City Attorney's Summary
This Ordinance approves a planned development district in lieu of a zone
change to facilitate the development of 46 single family residential units on
7.11 acres of land at the northeast comer of Avenida Caballeros and
Amado 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. 1822 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on June 19, 2013, and
adopted at a regular meeting of the City Council held on July 3, 2013, by the following
vote:
AYES: Councilmembers Foat, Hutcheson, Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills.
0MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1822
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT
DISTRICT PDD 363 IN LIEU OF A CHANGE OF ZONE
FOR ROUGHLY 7.11 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF AVENIDA CABALLEROS AND
AMADO ROAD.
CityAttorney's Summary
This Ordinance approves a planned development district in lieu of a zone
change to facilitate the development of 46 single family residential units on
7.11 acres of land at the northeast corner of Avenida Caballeros and
Amado Road.
WHEREAS, Sol PS, LLC, ("Applicant") has filed an application with the City
pursuant to Section 94.03.00 (Planned Development District), 94.04.00 (Architectural
Review), 94.07.00 (Zone Change) of the Zoning Code and Section 9.1.4 of the Section
14 Specific Plan seeking approval for a preliminary Planned Development District in
Lieu of a Change of Zone proposing 46 single family residential units and deviations in
the underlying development standards on an approximately 7.11 acre parcel at the
northeast corner of Avenida Caballeros and Amado Road; and
WHEREAS, the applicant has submitted an application with the City pursuant to
Section 9.62 of the City of Palm Springs Municipal Code and the State of California
Subdivision Map Act for Tentative Tract Map No. 36525; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case 5.1296 PDD 363 & TTM 36525, was given in
accordance with applicable law; and
WHEREAS, on May 8, 2013, a public hearing on the applications was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, 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 preliminary PDD in lieu of Change of Zone and to
recommend its approval by Ordinance of the City Council and approve the Tentative
Tract Map by Resolution, subject to Conditions of Approval; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act ("CEQA"); and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1296 PDD 363 / TTM 36525, was given in accordance with
applicable law; and
Ordinance No. 1822
Page 2
WHEREAS, on June 19, 2013, a public hearing on the application for the project
was held by the City Council in accordance with applicable law; and
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it is
effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case 5.1296 PDD 363 and TTM 36525; 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. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the PDD and TTM applications are considered a project under the
guidelines of the California Environmental Quality Act (CEQA). An initial study was
conducted on the site analyzing the project which concluded that there were aspects of
the project that may cause a significant impact on the environment. A draft mitigated
negative declaration (DMND) was proposed and a 20-day public review period for the
Draft Mitigated Negative Declaration (DMND) was held beginning on April 8, 2013 and
ending on April 29, 2013. No comments were received that would require modification
or recirculation of the DMND. Mitigation measures that would reduce the significant
impacts to a less than significant level have been proposed.
SECTION 2. Pursuant to Zoning Code 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":
9. The proposed planned development is consistent and in conformity
with the general plan 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 PDD seeks to amend the Section 14 Specific Plan, which is the
implementing document for the General Plan for this area of the City. The
PDD seeks approval for:
• The addition of single family residences as a permitted use in a high
density land use zone of the Section 14 Specific Plan.
• Reduced density (from HR 15 to 30 du/ac to 6.5 du/ac)
Ordinance No. 1822
Page 3
• Reduced front, side and rear yard setbacks.
• Reduced percentage of open space per lot.
• Reduced setbacks for buildings in excess of 15 feet in height.
• Reduced minimum lot sizes for single family residences from 7,500 square
feet to an average of 4,560 square feet.
• Elimination of General Plan and Specific Plan-required landscape median
islands along Avenida Caballeros.
• Creation of a gated community (inconsistent with General Plan GP CD
14.6).
• No provision for pedestrian sidewalks along interior private streets.
The proposed PDD if approved would have the effect of a change of zone
and an amendment to the General Plan and Specific Plan. If approved the
project would be deemed consistent.
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 proposed site plan incorporates private streets that conform to the
minimum width required. The project includes adequate means of emergency
access. The proposed single family use is consistent with adjacent recent
similar developments, such as the Morrison, just north of the subject parcel.
Approval of the PDD is required to permit single family uses in a high density
land use designation. The project proposes lot sizes that are adequate to
provide usable outdoor space, including small pools and spas. Thus the
project is deemed consistent with 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.
The project proposes single family dwelling units on small, individual lots in
a gated community. Similar projects adjacent to this project (The Morrison)
have recently been developed with a similar housing type and have all been
sold to individual homeowners. Although the high density residential land use
designation would also permit development of greater densities than that
proposed, there is demand in the new home market at this time to support
this type of development. The use would not be detrimental to adjacent
property or residents, in fact, it continues a similar form of single family
residential development in this area that would be complementary in its
overall form and density. The proposed project conforms to this finding.
SECTION 3. The City Council approves PDD 363 (Case No. 5.1296) as
conditioned by City Council Resolution No. 23376.
Ordinance No. 1822
Page 4
SECTION 4. The City Council approves the zone map change from HR to PD
363 for a roughly 7.11-acre area at the northeast corner of Avenida Caballeros and
Amado Road in conjunction with Case 5.1296 PDD 363 and TTM 36525.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after passage.
SECTION 6. Publication. The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or summary thereof or a
display advertisement, duly prepared according to law, to be published in accordance
with law.
ADOPTED THIS 3RD DAY OF JULY, 2013.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1822 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on June 19, 2013, and
adopted at a regular meeting of the City Council held on July 3, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California