The URL can be used to link to this page

Home My WebLink About1816 ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT 341 IN LIEU OF A CHANGE OF ZONE AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE. WHEREAS, Vivante Palm Springs, LLC. ("the Applicant') filed an application pursuant to Zoning Section 94.07.00 (Zone Map Change/Change of Zone) and Section 94.03.00 (Planned Development District) to amend PDD 341 to become a Planned Development District in lieu of a Change of Zone for an approximately 10-acre parcel at the northwest comer of Tahquitz Canyon Way and Hermosa Drive, identified as APNs 508-070-028 & 508-070-040; and WHEREAS, the applicant submitted an application pursuant to Title 9 of the Palm Springs Municipal Code and Section 66474 of the California Subdivision Map Act to amend Tentative Parcel Map 35989 from a four-lot subdivision to a three-lot subdivision, affecting the same parcel as PDD 341, and WHEREAS, a notice of public hearing for Case 5.1160 PDD 341 AMND B / TPM 34989 AMND B was given in accordance with applicable law; and WHEREAS, on September 26, 2012, a public meeting on Case 5.1160 PDD 341 AMND B / TPM 35989 AMND B was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA") An Initial Study was conducted and the project was found to cause potentially significant impacts to the environment. Mitigation measures have been proposed reducing any potentially significant impacts to less than significant. The applicant has agreed in writing to all proposed mitigation measures. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated for public comment for a period of 20 days. No new information was discovered that would require further analysis under CEQA; 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 approval of the amendment to the Tentative Parcel Map by Resolution, subject to Conditions of Approval. Ordinance No. 1816 Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1160 PDD 341 AMND B / TPM 35989 AMND B, was given in accordance with applicable law; and WHEREAS, on November 7, 2012, 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 5.1160 PDD 341 AMND B /TPM 35989 AMND B, and WHEREAS, at said public hearing the City Council considered Case 5.1160 PDD 341 AMND B / TPM 35989 AMND B, including the staff report, the associated MND, and all written and public testimony. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Mitigated Negative Declaration as an adequate analysis of the potential environmental impacts of the proposed Change of Zone and Tentative Parcel map. The City Council further finds that with adoption of the proposed mitigation measures, all potentially significant impacts will be reduced to less than significant impacts. 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 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 project is located within the Tourist Resort Commercial land use designation of the General Plan. Commercial and entertainment uses are encouraged and will be a part of the PDD. Permanent residential uses such as an assisted living facility may be approved in this land use area with a PDD under the General Plan. 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. Ordinance No. 1816 Page 3 The mixed use project contains an assisted living facility and commercial buildings separated by parking areas. The roughly 10-acre site has a total of four access points from two streets. The General Plan limits commercial development to a 0.35 floor area ratio (FAR) and residential development to 30 dwelling units per acre. The Section 14 Specific Plan limits commercial development to a 0.38 FAR and requires a minimum of 1,500 square feet of lot area per dwelling unit. The following table summarizes the project's conformance to these requirements: Proposed Parcel FAR Density (TPM 35989) Maximum Proposed Maximum Proposed Gen. Plan and Gen. Plan and Spec. Plan Spec. Plan 1 (Assisted Lvng.) N/A 30 d.u. /ac. and 26 d.u. / ac. and 1,500 sq. ft. of lot 1,674 sq. ft. of lot area per unit area per unit 2 (Comm. Bldg. 3) 0.35 and 0.11 N/A 0.38 3 (Comm. Bldg. 1 0.35 and 0.23 N/A &2) 0.38 The subject site conforms to the density and FAR requirements of the General Plan and Section 14 Specific Plan. 3. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Planned Development District in lieu of a Change of Zone and the mixed use project containing commercial uses and an assisted living facility is necessary and proper for the development along Tahquitz Canyon Way. The PDD proposes uses that are supportive and complementary to adjacent uses, including the commercial uses along Tahquitz Canyon Way and tourist-related activities found in this part of the City. Conditions of Approval were approved on November 7, 2012, by City Council Resolution No. 23251, incorporated herein. SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings before Council for the approval of Case 5.1160 PDD 341 AMND / TPM 35989 AMND and a thirty-day waiting period before it is effective allowing the approval of the ordinance. SECTION 4. The City Council adopts an ordinance to approve the zone map change which changes the land use classification /zoning designation from REO (Retail Entertainment-Office to RA (Resort Attraction) and PDD 341 for a roughly 10-acre Ordinance No. 1816 Page 4 parcel at the northwest comer of Tahquitz Canyon Way and Hermosa Drive in conjunction with Case 5.1160 PDD 341 AMND B /TPM 35989 AMND B. 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 2ND DAY OF JANUARY, 2013. STEPH N P. POUGNET, MAYOR ATTEST: ,TAMES 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, California, do hereby certify that Ordinance No. 1816 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 19, 2012, and adopted at a regular meeting of the City Council held on January 2, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. DIES THOMPSON, CITY CLERK ty of Palm Springs, California Di/lg�Zoc�