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HomeMy WebLinkAbout2006-07-26 STAFF REPORTS 1B ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Subsection B.2 of Section 94.06.01 of the Palm Springs Zoning Code is amended to read: 2. Before the Director may approve a minor modification pursuant to the provisions of subsections A.9 through A.12 of this Section, the Director shall find, based on evidence presented, that the modification as approved will not have any detrimental effect on neighboring properties. Before the Director may approve a minor modification pursuant to the provisions of A.4 through A.8 of this Section, the Director shall make all of the following findings, based on evidence presented: a. The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance; b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification; C. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and d. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The Director shall make the decision in writing within five (5) days after the filing of a complete application or after approval of the planning commission. One (1) copy shall be mailed to the applicant and one (1) copy shall be filed with the Chair of the Planning Commission and the Director. SECTION2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. �F-m 1 g' Jts©��AACI � Ordinance No. Page 2 PASSED AND ADOPTED THIS DAY OF 2006. AYES: NOES: ABSTAIN: ABSENT: ADOPTED this—th day ofJuly, 2006. RON ODEN, MAYOR ATTEST: 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, 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 �°4PALM SpR i2 � 4 V N �Z:ehxnrtV.e City Council Staff Report DATE: July 26, 2006 Public Hearing SUBJECT: CASE NO. 5.1114 ZTA — AN APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING ORDINANCE TEXT AMENDMENT TO MODIFY SECTION 94.06 01 , FINDINGS FOR A MINOR MODIFICATION. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will be considering a proposal for a Zoning Ordinance Text Amendment that would modify Section 94.06.01 , establishing new findings for a Minor Modification. The present set of findings for a Minor Modification are the same as those for a Variance, making it difficult to grant relief in cases where application of the Minor Modification would be appropriate RECOMMENDATION 1. Waive the reading of the text of the Ordinance and introduce by title only 2. Introduce on first reading Ordinance No_ "AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94.06.01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION." STAFF ANALYSIS. The Zoning Ordinance has been created with two mechanisms - the variance and the minor modification - to address conditions that need relief from the standards set forth in the ordinance Both endeavor to ensure consistency of development in a particular zone, protection of a standard of public health, and application of the ordinance such that it does not grant special privilege to any particular property owner nor cause injury or detriment to adjacent properties and their owners The current set of findings for granting a Minor Modification is the same as those for granting a Variance Strict application of these findings makes it difficult to grant both Minor Modifications and Variances, yet the existence of the Minor Modification process suggests that a lighter set of findings may be appropriate The attached Planning ITEM NO. City Council Staff Report July 26, 2006-- Page 2 5.1114 ZTA Findings for a Minor Modification Commission Staff Report provides additional background and information for the Council's consideration. The intent of this text amendment would be to establish a set of findings that are different than those set forth for a Variance but that are still protective of the underlying intent of the ordinance. Staff believes that the proposed findings apply less rigorous criteria for the smaller reductions allowed by the Minor Modification. On June 28, 2006 the Planning Commission reviewed the proposed Zone Text Amendment and voted 7-0 to recommend approval by the City Council (see attached Planning Commission Meeting Minutes dated June 28, 2006). ENVIRONMENTAL ANALYSIS AND NOTIFICATION This project has been declared categorically exempt from environmental review per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA). FISCAL IMPACT. No fiscal impact r�rg wi � , AICP, V Thomas J Wils Direc of Plannn ervices Assistant City onager David H. Ready, City M Attachments. 1, Draft City Council resolution. 2. Planning Commission Staff Report dated June 28, 2006 3. Resolution of the Planning Commission June 28, 2006 4, Planning Commission Meeting Minutes dated June 28, 2006 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTION 94.06 01 OF THE PALM SPRINGS ZONING CODE ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION. WHEREAS, Section 94 06.01 of the Palm Springs Zoning Ordinance establishes procedures for evaluating Minor Modifications, and WHEREAS, currently the required findings for a Minor Modification and a Variance are the same; the strict application of these findings makes It difficult to grant Minor Modifications in those cases where it would be appropriate to do so, and WHEREAS, Section 94.07,01 of the Zoning Ordinance sets forth procedures for modifying text within the Zoning Ordinance, and WHEREAS, on April 12, 2006, the Planning Commission voted unanimously to direct staff to initiate a Zoning Ordinance Text Amendment to establish a new set of findings for a Minor Modification that would be different from those set forth for a Variance but that are still protective of the underlying intent of the ordinance, and WHEREAS, on June 28, 2006, a public hearing on the application for Case No. 5.1114-ZTA was held by the Planning Commission in accordance with applicable law, and WHEREAS, the Planning Commission voted to recommend that the City Council approve this zoning text amendment; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider this was issued in accordance with applicable law; and WHEREAS, the City Council conducted a duly noticed public hearing on said project at which hearing the Council 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 WHEREAS, this project has been declared categorically exempt from environmental review per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA),on July 26, 2006, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The City Council does hereby find that adoption of the proposed Ordinance No. Page 2 Zoning Text Amendment would: a. Allow a more consistent and effective application of the Zoning Ordinance, b. Provide a more appropriate set of findings for the specific conditions for which a Minor Modification may be considered, and C. Enable sound criteria and justification to be found in support of minor modifications in the limited conditions for which they may be applied. Section 2: The adoption of the proposed Zone Text Amendment isconsistent with the intent of the Zoning Ordinance and the City's General Plan because it requires findings that are consistent with the underlying zoning and the General Plan. Section 3 Based upon the foregoing, The City Council approves a Zone Text Amendment to Section 94.06.01, modifying the findings for a Minor Modification to be only those as follows, a. Section 94.06.01 part B item 2 is amended to read In approving a minor modification for subsection (A)(4) through (A)(8) of this section, all of the conditions set forth below shall be found by the director of planning services. For subsections (A)(9) through (A)(12) of this section, the director shall find that the modification approved will have no detrimental effect on neighboring properties. The director shall make his decision in writing within five (5) days after the filing of a complete application or after approval of the planning commission. One (1) copy shall be mailed to the applicant and one (1) copy shall be filed with the chairman of the planning commission and the director of Planning Services. 1) The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance. 2) The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. 3) The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity 4) The approval of the mina' modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. Ordinance No. Page 3 Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located no closer than five hundred (500) feet from residentially zoned property, ADOPTED this —th day ofJuly, 2006. MAYOR ATTEST- 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, 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 \ pFCALAI gp� iZ V N `* �9oYnifY Yr +o Planning Commission Staff Report Date: June 28, 2006 Case No_ 5.1114 - ZTA Application Type: Zoning Ordinance Text Amendment Location. (city-wide) Applicant! The City of Palm Springs From. Ken Lyon, Associate Planner PROJECT DESCRIPTION A zoning ordinance text amendment to modify 94.06.01, establishing new findings for a Minor Modification. RECOMMENDATION That the Planning Commission recommends approval to the City Council a zoning ordinance text amendment to modify the findings for a Minor Modification. PRIOR ACTIONS TAKEN ON THE PROJECT On November 2, 2005 a memo from the Director of Planning Services was reviewed by the Planning Commission regarding "Findings for Administrative Minor Modifications" (copy attached). As part of that discussion, staff indicated that a zone text amendment would be the appropriate long-term solution to the issues raised in the memo. On April 12, 2006 the Planning Commission voted unanimously to direct staff to initiate a draft zoning ordinance text amendment for their review at a noticed public hearing. Planning Commission Staff Report Case 5.1114 ZTA Date June 28, 2006 BACKGROUND AND SETTING The Zoning Ordinance has been created with two mechanisms - the variance and the minor modification - to address conditions that need relief from the standards set forth in the ordinance. Both endeavor to ensure consistency of development in a particular zone, protection of a standard of public health, and application of the ordinance such that it does not grant special privilege to any particular property owner nor cause injury or detriment to adjacent properties and their owners. The current set of findings for granting a Minor Modification is the same as those for granting a Variance. Strict application of these findings makes It difficult to grant both Minor Modifications and Variances; yet the existence of the Minor Modification process suggests that a lighter set of findings may be appropriate. The intent of this text amendment would be to establish a set of findings that are different than those set forth for a Variance but that are still protective of the underlying intent of the ordinance. Staff anticipates that the "Minor Modification Findings" would apply less rigorous criteria for smaller reductions. ANALYSIS The Palm Springs Zoning Ordinance is structured to provide specific findings or conditions that must be present for decision-making to occur and for the ordinance to be applied in a consistent, objective, and fair manner. To deal with conditions that are irregular or where special circumstances exist that do not conform, the procedure for evaluating the condition - defined as a Variance - is set forth and findings are in place. The Ordinance goes further to identify that a certain set of non-conforming conditions may be encountered where the degree of non-conformity is deemed 'smaller' or less consequential in nature than others. The code characterizes these as 'slight modifications', carefully defines them in a specific list of non-conforming conditions, and provides a more expeditious process for determining a decision under the heading 'Minor Modification"'. The most frequently encountered examples of Minor Modifications include: • Reduction of lot area, lot dimensions, by not more than ten percent, • Reduction of yards, distance between buildings or increase in lot coverage by not more than twenty percent • Reduction of number of required parking spaces by not more than ten percent, • Modification of wall, fence or landscaping not to exceed twenty percent due to noise or topography. The full list of allowable conditions that may considered under the minor modification heading are identified in section 94.06.01 (A-1 through A-12) and are attached for reference. 2 Planning Commission Staff Report Case 5.1114 ZTA Date June 28, 2005 Given the structure and careful definition of when a minor modification may be considered, it seems contrary to have defined them as 'less consequential' or of a lesser degree of non-conformity, and then to apply the same set of findings as variances in order to make a determination The rigorous findings for a variance require conditions that are often not present in cases where a slight modification of the regulations is appropriate. Staff has reviewed the findings used by other cities for minor variances and modifications and has identified the following four as being well-suited to the types of minor modifications allowed under section 94 06.01. 2 1) The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance. 2) The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. 3) The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. 4) The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. The key improvement and distinction in this text lies in the ability to base the findings on environmental, site conditions, location of improvement and historic development patterns. These are independent of the variance condition requiring findings of unique size, shape or topography of the parcel under consideration. Differentiating the finding related to these conditions will enable a more reasonable application and justification of findings for a minor modification. By adopting these less rigorous findings to the list of non-conforming conditions defined as minor modification, staff believes a more effective and consistent application of Zoning Ordinance can be applied. 64f� Ken Ly As ociate Planner CEW E g, AI P Dire of Planning ervices Attachments: Section 94.06.01 of the Palm Springs Zoning Ordinance Compilation of Minor Modification Findings from other California cities The compilation of findings for minor modification from other California cities is attached as an exhibit to this staff report. 3 City of Redding Required findings for Zoning Exceptions, A. That application for the adjustment is necessary due to special circumstances or conditions pertaining to the property or to the use thereon; B. That the proposed adjustment is necessary in order that the owner may not be unreasonably deprived of the proper use or enjoyment of the owner's property, C.That the proposed adjustment would not be detrimental to the neighborhood in which the property is located, C D. That the proposed adjustment is consistent with the general plan and the zoning and development standards of this chapter that pertain to the subject property, E. That construction has not commenced, except as provided for in Section 18,15.03004) of this chapter. Types of Exceptions that May be Granted A Accessory Structure Front-Yard Setbacks. Provided that the minimum front-yard setback will be maintained and where adjacent residences will not be adversely affected,the director may allow an accessory structure to be located closer to the street than thu existing or proposed rusidcnce on the site B. Buffer Yards, Alternative. The minimum width of a buffer yard required by Schcdulc 18.40 020-A Buffer Yards, may be reduced by up to twenty-five purccnt provided that the reduction will not increase the potential for land use impacts between adjoining properties given the circumstances of a particular site. C. Building Separation. The director may authorize a reduction in minimum building separation of up to twenty percent between buildings if the reduction will maintain compliance with the California Building Codu. D Exceptions to Height Limits. Towers, spires, cupolas, chimneys, elevator penthouses, water tanks, monuments, theater scenery lofts, and similar structures and mechanical appurtenances covering no more than twenty percent of the top-floor roof area of the structure to which they are attached may exceed height limits by no more than ten feet with no discretionary review. The director may approve greater height upon making the findings required by Section 19 15 040 (Required findings) of this chapter B Fence Height, In any district, the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum of two Ccet where the topography of sloping sites or a diiTerence in grade between adjoining sites warrants such increase in height to maintain a level of privacy or to maintain effectiveness of screening as generally provided by such fcncu, wall, hedge or screening in similar circumstances. F. Front-Yard Setback (Increase). In the "RS"and "RE"districts, the director may increase the maximum from-yard setback where it is determined that the increase will not unreasonably affect abutting sites- G. Front-Yard Setback (Dectcase) In any district, the director may decrease the minimum setback by ten percent where the decrease will not unreasonably affect abutting sites provided that no exception shall be granted for a garage that is designed to have vehicles back directly out into the street. In addition,the director is authorized to grant a five percent reduction in any setback requirements where construction has commenced and a mistake was made in the surveying or plans preparation. H. Garage Setback/Sloped Lots. V herc the elevation of a lot at a point twenty feet behind the entire frontage oCa lot(as measured from the back of curb) is seven feet above or below the level of the curb, a private garage (attached or detached) for a single-family residence may have a minimum front-yard setback often feet from the front property line of the lot provided that a third open parking space is provided on the site. I. Lot Size. In any"RE"or"RS"zone,the director may authorize a maximum ten percent reduction in parcel area on parcels created by parcel map if two or more existing parcels within two hundred feet of the proposed parcel map are less than the minimum parcel size, 1. Multistory Limitations, Transitional Building Height; Skyplane. The director may reduce the multistory-building limitations imposed by Section 19.31.030 of this title, the building-height limitations established by Sections 18.32 040 and 18,33.040 of this title, or skyplanc requirements by up to twenty percent upon determining that any of the following are in evidence 1 Existing rear-or side-yard setbacks in the abutting "RE" or IRS"district are sufficient to ensure that the intent of the multistory, transitional height or skyplane limitations are met 2. The difference in existing or proposed finished grade between building sites is such that privacy, height, or bulk impacts to any residential district would not be present if requirements are reduced. 3 The size or configuration of the developing property is such that it is infeasible to meet the limitations of these sections K Off-Site, Off Sirect Parking. For a nonresidential use, the director may authorize up to thirty percent of the required off-street parking to be met at an off-sac location provided that such facilities. (1) are located within four hundred feet of the proposed use, (2) are improved to the standards of this chapter applicable at the time the parking lot was constructed, (3) arc not already being utilized under the requirancents of this code, and (4) do not require pedestrians to cross through an existing or platued four- lane arterial street. The director shall require such documents, agreements, commitments, and other evidence as deemed necessary in each particular case before such findings are made L. Parking-Space and Aisle-Dimension Reductions. Because of circumstances unique to a property, such as size, shape,topography, location of easements or desirable trees, the director may authorize up to a ten percent reduction in open parking-space or aisle- width dimension for commercial and multiple-fancily residential uses with four or more units. Such exception may be allowed only when it is proven that the reduction will not result in a traffic hazard or impact the necessary parking for the use. M. Parking--Reduction in Covered Spaces For single-family residences in existing neighborhoods, one covered parking space may be permitted by zoning exception when at least one additional off-street parking space is provided on the building site, the subject property is an existing, legally created lot the director determines that the predominate off street parking arrangement in the immediate vicinity is a single covered space, and that granting the exception would not contribute to an existing on- street parking problem N. Recreational Vehicle Parking for Affordable or Disabled Housing Projects. The requirement to provide parking for recreational vehicles for multiple-family units may be waived provided that the project qualifies as an affordable housing project as defined by the State Government Code and provided that the necessary area for providing the required spaces is set aside and maintained in landscape to allow conversion to parking should the use convert from affordable or disabled housing to standard multiple-family List 0. Reversing the Frontage of a Corner Lot. The from-yard and street sidu-yard setbacks on a comer lot that were established at the time of issuance of a building permit for the original structure may be reversed for the purpose of establishing yard requirements provided that (1) the reversal will not result in the placement of structures that are inconsistent with the general nature of the neighborhood and (2) vehicular and pedestrian safety will not bejeopardized. P Roof-Mountcd Heating and Air Conditioning Equipment. The director may approve installation of roof-mounted residential heating and air-conditioning equipment provided that the equipment cannot be seen from any existing or future public street, park, school, open-space, or other public area for a distance of at least six hundred feet. In making such a determination,the director shall consider such factors as the method of screening proposed, topography of the site and surrounding sites, and allowable height of existing and future buildings within six hundred feet of the proposed equipment Q. Shade Trees in Parking Lot The director may authorize a maximum twenty-five percent reduction in the number of shade trees required in a parking lot provided that the total number of trees required is provided in alternate locations on the site adjacent to the paricing area. R Side-Yard and Rear Yard Setbacks In any district, the director may decrease the minimum setback by not more than twenty percent where the proposed setback area or yard is in character with the surrotmding neighborhood and is not required as an essential open-space or recreational amenity to the use of the site, where such decrease will not unreasonably affect abutting sites. In the "GO"district, one side yard other than a street side yard may be decreased to that established for an adjacent existing building provided that one side yard has a minimum setback of ten feet(fificen feet if adjacent to an `R"district) S. Sign Height, Increased. The director may authorize an increase in pole sign height not to exceed thirty-five feet when necessary for sign visibility due to topography; surrounding buildings; existing trees to be preserved, except city street trees; or similar circumstances. The director shall consider, in addition to visibility or sight obstructions, vehicle speed, visibility/readability from freeway off-ramp locations, or other factors which may negate the benefit otherwise gained by increased sign height, T Surfacing. The requirement for paving driveways over two hundred feet in length may be waived provided that: (1) the first thirty feet from the paved street or back of the sidewalk shall be paved, (2) the driveway-surfacing requirements of the fire marshal shall be met, and (3)the driveway is not located within seventy-five feet of an existing or future residence. U Unique Parking Demand Uses. The director may authorize up to a ten percent reduction in the off-street parking requirement upon an adequate showing that parking demand for a use is less than that required by Chapter 18.41 (Off-Street Parking and Loading) of this title RESOLUTION NO. 5092 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING TO CITY COUNCIL AMENDMENT OF THE PALM SPRINGS ZONING ORDINANCE SECTION 94.06.01 ESTABLISHING NEW FINDINGS FOR A MINOR MODIFICATION, WHEREAS, Section 94.06.01 of the Palm Springs Zoning Ordinance establishes procedures for evaluating Minor Modifications; and WHEREAS, currently the required findings for a Minor Modification and a Variance are the same; the strict application of these findings makes It difficult to grant Minor Modifications in those cases where it would be appropriate to do so, and WHEREAS, Section 94.07.01 of the Zoning Ordinance sets forth procedures for modifying text within the Zoning Ordinance; and WHEREAS, on April 12, 2006, the Planning Commission voted unanimously to direct staff to initiate a Zoning Ordinance Text Amendment to establish a new set of findings for a Minor Modification that would be different from those set forth for a Variance but that are still protective of the underlying intent of the ordinance, and WHEREAS, on June 28, 2006 the Planning Commission conducted a duly noticed public hearing on said project at which hearing the 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 WHEREAS, this project has been declared categorically exempt from environmental review per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA);on July 26, 2006, THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS; Section 1: The Planning Commission hereby finds that adoption of the proposed Zoning Text Amendment would: Planning Commission Resolution Juno 26,2006 5,1114—ZTA Page 3 of 3 Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located no closer than five hundred (500) feet from residentially zoned property,- ADOPTED this 28" day of June 2006. AYES: 7 /Hutcheson/Ringlein/Roath/Cohen/Shoenberger/Hochanadel/Marantz NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 1 ing, Dire of Pla in Services i City of Palm Springs Planning Commission Minutes of June 28, 2006 Chair Marantz opened the Public Hearing. Matt Fisher, applicant, Palisade Development Group, gave further details relating to parking, access on Belardo, and building height. Tarrah Beebe, architect, gave additional information relating to the restoration of bungalows and the Frey building. Tom Lockett, representing Land Images, gave additional detailed information relating to the landscaping. Elizabeth Peterson, gave details pertaining to the Conditional Use Permit request and emphasized that the kitchen and bar wouldl not be a destination restaurant. Bob Helbing, Palm Springs, spoke in favor of the project and commented that this project would be a benefit to the City. There being no further comments, Chair Marantz, continued the Public Hearing to the meeting of July 12, 2006. Commissioner Roath requested clarification relating to a demolition permit. M/5/C (Ringlein/Vice Chair Hochanadel, 7-0) To continue to Planning Commission meeting of July 12, 2006. S. Case 3,2871 MAJ / Case 5,1101 GPA - An application by BMW Motors of Palm Springs for approval of a Major Architectural Approval and a for a proposed new automobile facility on a undeveloped lot located at 3737 East Palm Canyon Drive and associated with the project is a General Plan Amendment to delete the existing public frontage road along East Palm Canyon Drive, Zone C2, Section 30, APN 681-070-016. Director of Planning Services, Craig A. Ewing, requested this item be continued, a new notice would be published and mailed due to an error in the previous noticing. M/S/C (Vice Chair Hochanadel/Hutcheson, 7-0) To continue, to Planning Commission meeting of July 12, 2006. 6, Case 5.1114 ZTA - A request to consider a ,Zone Text Amendment to modify Section 94,06,01, establishing new findings for a Minor Modification. Associate Planner, Ken Lyon, gave background information as outlined in the staff report dated June 28, 2006- He indicated this Zoning Text amendment is proposing a separate set of findings for the minor modification. Chair Marantz opened the Public Hearing portion of the meeting. There being no comments the Public Hearing was closed. M/5/C (Shoenberger/Ringlein, 7-0) To approve. 6 OF 2 A L Ml N City of Palm Springs V + > Office of the City Clerk � 320p L• Tah9 Y wiz damnn Way � Palm Springs, California 92262 x °per•ororca•" : 1Springs, Cal O XP T wel: (760)323-820, • Pax (760) 322-8332 • Web-w ..ci.palm-springs ca.us q�/FO P.S AFFIDAVIT OF MAILING I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing to consider a zoning ordinance text amendment to modify Section 94.06-01 of the Palm Springs Zoning Code establishing new findings for Minor Modifications, was mailed to each and every person set forth on the attached list on July 17, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (16 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 171h day of July, 2006. AMESTHOMPSON City Clerk /kdh . H:\l18ER5\C-CLK\Hearing NohceslAf id@%(R-Minor ZTA(072606) Post Office Box 2743 0 Palm Springs, California 92263-2743 NEIGHBORHOOD COALITION REPS Notice of Public Hearing MS APRIL HILDNER MR TIM HOHMEIER Case 5.1114 ZTA (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting 0726.06 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISEIVISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR BOB DICKINSON MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 755 WEST CRESCENT DRIVE 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MR PETE MORUZZI MS LAURI AYLAIAN PALM SPRINGS MODERN COMMITTEE HISTORIC TENNIS CLUB ORG MODCOM AND PO BOX 4738 377 WEST BARISTO ROAD HISTORIC SITE REP I I I PALM SPRINGS CA 92263-4738 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE 5.1114 ZTA VERIFICATION NOTICE 1 I 1 PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 506 W. SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I I I 1 I INDIANS 777 E.TAHQUITZ CANYON WAY,#3ci PALM SPRINGS CA 92262 SPONSORS 11 1 1 .06'o b r���j•.i r". it f IIF P. ._''1 PROOF OF PUBLICATIO�g',! 20 ks Tllig I ytce for County Clerk's Filing Stamp (2015.5.C.C.P) Cif CL_ NOTICE OF PUBLIC HEARING $TAT$OF CALIFORNIA CITY COUNCIL County of Riverside CITY OF PALM SPRINGS CASE: 5.1114 A Zoning Ordinance Text Amendment to Modify PSZC Section 94.06.01, Establishing New Findings for Minor Modifications I am a either,of the United States and a resident of NOTICE IS HEREBY GIVEN that the City Council of the City of the County aforesaid; 1 am over the age of eighteen Palm Springs,California,will hold a public hearing at its meet- years,and not a party to or interested in the ing of July 26,2006.The City Council meeting begins at 6:00 above-entitled matter.I am the principal clerk of a p.m.,in the Council Chamber at City Hall,3200 EastTahquitz printer of the,DESERT SUN PUBLISHING Canyon Way. COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, The purpose of this hearing is to consider a zoning ordinance County of Riverside,and which newspaper has been text amendment to modify Section 94.06.01 of the Palm adjudged a newspaper of general circulation by the Springs Zoning Code establishing new findings for Minor Superior Court of the County of Riverside,State of Modifications. California under the date of March 24,1988.Case ENVIRONMENTAL ASSESSMENT: This project has been Number 191236;that the notice,of which the declared categorically exempt from environmental review per annexed is a printed copy(set in type not smaller Section 15305(Minor Alterations in Land Use Limitations)of than non pariel,has been published in each regular the California Environmental Quality Act(CEQA). and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: REVIEW OF PROJECT INFORMATION:The staff report and other supporting documents regarding this project are avail- July 15"',2006 able for public review at City Hall between the hours of 8:00 ---------_------ — a.m.and 5:00 p.m.,Monday through Friday. Please contact the Office of the City Clerk at(760)323-8204 rf you would like ..._...- _— --_,._............... to schedule an appointment to review these documents. All in the year 2006 COMMENT ON THIS APPLICATION: Response to this notice I certify(or declare)under penalty of perjury that the may be made verbally at the Public Hearing and/or in writing foregoing is true and correct. before the hearing.Written comments may be made to the City Council by letter(for mad or hand delivery)to: Dated at Palm Springs,California this—17u',—day James Thompson,City Clerk 3200 E.Tahquitz Canyon Way at-------July----_ ----,z006 Palm Springs,CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing W- --- —� ---_---_---_` described in this notice,or in written correspondence deliv- ered to the City Clerk at,or prior,to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested b persons to be heard. Questions regarding this case may be directed to Ken Lyon,Department of Planning Services,at (760)323-8245. Si necesita ayuda con esta carta,porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefonc (760)323-6245. James Thompson,City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE: 5-1114 A Zoning Ordinance Text Amendment to Modify PSZC Section 94.06.01, Establishing New Findings for Minor Modifications NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 26, 2006. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way. The purpose of this hearing is to consider a zoning ordinance text amendment to modify Section 94,06,01 of the Palm Springs Zoning Code establishing new findings for Minor Modifications- ENVIRONMENTAL ASSESSMENT: This project has been declared categorically exempt from environmental review per Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a-m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Ken Lyon, Department of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk