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HomeMy WebLinkAbout1/2/2013 - STAFF REPORTS - 3A 4��?PLM Sp4 iy V N o4,e" City Council Staff Report C,q<IFORN`P+ DATE: January 2, 2013 Legislative SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1816, APPROVING PLANNED DEVELOPMENT DISTRICT 341 IN LIEU OF A CHANGE OF ZONE AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1816 approving Planned Development District PDD 341 in lieu of a change of zone for a roughly 10-acre parcel at the northwest corner of East Tahquitz Canyon Way and Hermosa Drive. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1816, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 10-ACRE PARCEL AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE." STAFF ANALYSIS: Notice of Public Hearing was provided in accordance to established policies, procedures, and state law. The City Council by a unanimous roll call vote adopted Resolution No. 23251, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PDD 341 (AMND B), A MAJOR AMENDMENT TO PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 ESTABLISHING THE PDD AS A PDD IN LIEU OF A CHANGE OF ZONE FROM REO TO PD 341, APPROVING PDD 341 (AMND B) AND AMENDED TENTATIVE PARCEL MAP 35989 FOR THE SUBDIVISION INTO THREE LOTS AND DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND THREE COMMERCIAL BUILDINGS ON APPROXIMATELY 10 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE (CASE 5.1160)." Item No. 3 . A . ADOPTION OF PROPOSED ORDINANCE NO. 1816 January 2, 2013 Page 2 of 2 On December 19, 2012, Ordinance No. 1816 was introduced for first reading, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 10-ACRE PARCEL AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE." ACTION: Waive the reading of the full text of the Ordinance, and introduce by title Ordinance No. 1816, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 10-ACRE PARCEL AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE." Unanimously carried on a roll call vote. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. -7 9f/ ?ames Thompson David H. Ready, D. f of Staff/City Clerk City Manager /kd h Attachment: Ordinance No. 1816 Public Hearing Notification Notice of Public Hearing 02 ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 10-ACRE PARCEL 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 corner 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. 0'3 Ordinance No. 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. 04 Ordinance No. 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 Sec. 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 05 Ordinance No. Page 4 parcel at the northwest corner 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 2"d DAY OF JANUARY, 2013. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES 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. 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 06 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION ea•`• City Council Meeting Date: November 7, 2012 Subject: Case 5.1160 PDD 341 —Vivante Palm Springs AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on November 3, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. 4 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk and on November 1, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. �L6& Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF MAILING 1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on November 1, 2012, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (111 notices) I declare under penalty of perjury that the foregoing is true and correct. � 1� Kathie Hart, CMC Chief Deputy City Clerk 07 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 -L•r: P < 203 j I q I N1 9-- 33 State Of California BE: County of Riverside CI7 Y Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2DO0355092 I 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 dates,to wit: Newspaper: .The Desert Sun No Wei 1/12/2 013 ORDINANCE No.Ims AN ORDINANCE'SP � OF PALM LWW OF E 7EA EESOAUQRTH- HppATMORZ CANYON WAYAIDM DRIVE. City ARameye SumMes m ry Db M 34 euu dt ea OM of mriea o foe apt Pro>dmetell'10-ape Parcel eFlM rwMwee ow" I acknowledge that I am a principal clerk of the printer of I Teh b Gftlyon Way end Hermoee Drive In The Desert Sun, printed and published weekly in the CityFel API of Palm Springs, County of Riverside, State of California. CEIMFICATION The Desert Sun was adjudicated a newspaper of general STATE OF CpDFpp�g�IA circulation on March 24, 1988 by the Superior Court of the CITYCOUOF pAt3PFeNa3 County of Riverside, Stale of California Case No. 191236. 1�NE8 A1011PSON' CMerk d the he of 8p�rw�,CeYfwnla,oo rroreM'cerRyeiet Or- dklerwa No.18181s e),rlerufle4a meeerwrrregdat 1 declare under penalty of perjury that the foregoing is true erd � i g yr0n Of 1the 8.2012' and correct. Executed on this 12th day of January, 2013 in v 1 held an January 2,z013, nN bYorgn0 AYES: C'auwMmalMer Feaf,Cwuwfinemper Palm Springs,Califgr __�'a .Hr�ul Wn mao p, U Wit. NOES: None. ABSENT: None. _ ABSTAIN: None. JAMES 7�.�pyPSSWtngDN CITY CLERK e.CaUfomla P111"I lC:1112118 Declar n 's�ignere � r CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: January 2, 2013 Subject: Ordinance No. 1816 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on January 12, 2013. . I declare under penalty of perjury that the foregoing is true and correct. 'L 66ka �' Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on January 14, 2013. 1 declare under penalty of perjury that the foregoing is true and correct. 'L F—�QJ& Kathie Hart, CMC Chief Deputy City Clerk ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE. CityAttorney's Summary This Ordinance approves Planned Development District 341 in lieu of a change of zone for an approximately 10-acre parcel at the northwest comer of Tahquitz Canyon Way and Hermosa Drive in the City of Palm Springs. 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 Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. J MES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 341 IN LIEU OF A CHANGE OF ZONE AT THE NORTHWEST CORNER OF EAST TAHQUITZ CANYON WAY AND HERMOSA DRIVE. City Attorney's Summary This Ordinance approves Planned Development District 341 in lieu of a change of zone for an approximately 10-acre parcel at the northwest comer of Tahquitz Canyon Way and Hermosa Drive in the City of Palm Springs. 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 corner 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 Ordinance No. 1816 Page 2 amendment to the Tentative Parcel Map by Resolution, subject to Conditions of Approval. 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. Ordinance No. 1816 Page 3 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 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 ... JPM 35989) Maximum Proposed Maximum Proposed Gen. Plan and Gen. Plan and Spec. Plan Sec. 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 er 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. This Ordinance was introduced and adopted pursuant to California law and the Palm Springs Municipal Code. SECTION 4. The City Council approves Planned Development District PDD 341 in lieu of a zone map amendment for a roughly 10-acre parcel at the northwest corner of Tahquitz Canyon Way and Hermosa Drive in conjunction with Case 5.1160 PDD 341 AMND B / TPM 35989 AMND B. Ordinance No. 1816 Page 4 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 2"d DAY OF JANUARY, 2013. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES 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 Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASES: 5.1160 PDD 341 AMND B AND TPM 35989 AMND AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PDD 341) AND A TENTATIVE PARCEL MAP LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY & HERMOSA DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of November 7, 2012. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an amendment to a previously approved Planned Development District known as "Convention Center Commons" located at the northwest corner of Tahquitz Canyon Way and Hermosa Drive in Section 14. The amendment includes the addition of assisted living facilities as a permitted use in the PDD, deviations in the underlying development standards for the zone, and an amendment to the previously approved Tentative Parcel Map, reducing the map from a four-parcel map to a three-parcel map. The 10-acre project is proposed to be a 132-unit assisted living facility (2-stories in height and approximately 145,000 square feet in size) and three commercial buildings (2 to 3 stories in height and approximately 26,120 square feet as previously approved). ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration was adopted for this project under the guidelines of the California Environmental Quality Act (CEQA) on its original PDD approval. No new information or impacts would occur that would change or add to the evaluation of environmental impacts caused by the proposed project, thus no further environmental analysis is required. 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. to 11:00 a.m. and from 2:00 p.m. to 6:00 p.m., Monday through Thursday. 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 David A. Newell, Associate Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. James Thompson, City Clerk 08 ro c�y a+c _ Department of Planning Services w N E Vicinity Map s I AMADO RD iI I I I I I i I H - JDREA-S 0 ILL L w J �Q P V O ZI I a CETAHQUITZ OANYON WY 1 I I I Legend a ARENAS RD 40B'Buffe r Parcels CITY OF PALM SPRINGS CASE NO: 5.1160 PDD 341 DESCRIPTION: An amendment to a previously AMND B /TPM approved PDD and TPM application adding 35989 AMND B assisted living facilities to the permitted uses within the PDD, changing the Parcel Map from a 4 APPLICANT: Nexus Development lot map to a 3 lot map, and seeking relief from (O & M Tahquitz, LLC) certain development standards for a 9.9 acre project located at the northwest corner of Tahquitz Canyon Way and Hermosa Drive in 0 9 Section 14 (IL), Zone RA. MR PETE MORUZZI i € PALM SPRINGS MODERN COMMITTEE I P.O.BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1160 POD 341 �`? I PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY 15.1160 PDD 341 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS,CA 92262 PALM SPRINGS, CA 92263-2743 NIMMONS, , .... MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS,CA 92264 SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE, ATTN:JOSEPH ONTIVEROS ATTNLLP RICHARD C.WADE PARALEGAL NONE= CULTURAL RESOURCES MANAGER 7424 4T"STREET NW P.O.BOX 487 LOS RANCHOS DE ALBUQUERQUE, NM SAN JACINTO,CA 92581 87107 MR ROB ERES ni NEXUS DEVELOPMENT O&M TAHQUITZ,LLC HILL PARTNERSHIP, INC. 1 MAC ARTHUR PLACE,SUITE 300 115 22 STREET SANTA ANA,CA 92707 NEWPORT BEACH,CA 92663 MR DAVE BOSMAN MR JIM RIDGE VA CONSULTING RIDGE LANDSCAPE IRVI OAK CANYON,SUITE 150 8841 RESEARCH DRIVE,SUITE 200 IRVINE, CA 92618 IRVINE, CA 92618 ol REDEVELOP 009613660 MENT 508070026 508070028 ROPMENT AGENCY CITY OF ESSEX HOUSE CONDOMINIUM CORP TAHQ UITZ,O&M PALM SPRINGS PO BOX 579 1 MACARTHUR PL 300 PALM SPRINGS,,C CA 92262 3200 E TAHQUITZ WAY LOUISVILLE,TN 37777 SANTA ANA,CA 92707 50807 030 BRE ESA PROP 508070034 508070038 RE E 100 DUNBAR ST USA BIA USA BIA SPARTANBURG, SC 29306 508070039 508070040 508070048 USA 508 TAHQUITZ,O&M USA BIA 1 MACARTHUR PL 300 SANTA ANA,CA 92707 ' 508070020 009608568 009609485 USA 508 SECURITY CIFIC NATL BANK HEATHMAN HILL ASSOCIATES 333 S E ST H2611 I I I I E TAHQUITZ CANYON WAY I I I LO NGELES,CA 90071 PALM SPRINGS,CA 92262 009609486 009609505 009609502 HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES 1111 E TAHQUITZ CANYON WAY I I I I I I I E TAHQUITZ CANYON WAY I I I 1 111 E TAHQUITZ CANYON WAY 111 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609501 009609500 009609499 HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES 11 I IE E TAHQUITZ CANYON WAY 111 1111E E TAHQUITZ CANYON WAY I I 1 1111 E TAHQUITZ CANYON WAY I I I PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609497 009609496 009609495 HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES I I I I E TAHQUITZ CANYON WAY 1 1 1 1 E TAHQUITZ CANYON WAY 111 11 I E TAHQUITZ CANYON WAY I I I PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609492 009609491 009609490 HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES I I I I E TAHQUITZ CANYON WAY I I I I E TAHQUITZ CANYON WAY I I I I I I I E TAHQUITZ CANYON WAY I I I PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609487 009607987 009607984 HEATHMAN HILL ASSOCIATES MATHEWS,ANDREW C HEATHMAN HILL ASSOC I I I I E TAHQUITZ CANYON WAY 111 13031 VILLOSA PL 119 1111 E TAHQUITZ CANYON WAY I I I PALM SPRINGS,CA 92262 PLAYA VISTA,CA 90094 PALM SPRINGS,CA 92262 009607458 PALM REGENC OM EOWNERS 009618357 009618358 ASSOC HEATHMAN HILL ASSOC HEATHMAN HILL ASSOC 110 W C 1711 1111 E TAHQUITZ CANYON WAY I I I I I I I E TAHQUITZ CANYON WAY I I I SAN,DfEGO,CA 92101 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 l�dAt 7, , "Os CC l/ 7. 6 508071041 009609504 009609498 USA BIA HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES I I I I E TAHQUITZ CANYON WAY 111 11 l I E E TAHQUITZ CANYON WAY I I I PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609494 009609489 009609488 HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES HEATHMAN HILL ASSOCIATES I I I I E TAHQUITZ CANYON WAY I I I I I l l E TAHQUITZ CANYON WAY I I I 11 11 E TAHQUITZ CANYON WAY I I I PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 009609503 009608538 009608547 HEATHMAN HILL ASSOCIATES IACOBSON,MARGARET C WITZEL,RICHARD TRUST 11 I I E TAHQUITZ CANYON WAY 111 6085 KESWICK AVE 1340 E ANDREAS RD PALM SPRINGS,CA 92262 RIVERSIDE,CA 92506 PALM SPRINGS,CA 92262 SCUL 528 508071051 508560014 246 N H RHOS IP HENRY USA BIA USA 508 246 N HERMOSA DR PALM SPRINGS,CA 92262 ' 508560015 508560016 508560017 USA 508 USA 508 USA 508 009608539 009608546 KENT,EDWARD E HAAS,LUCHLLE B 508070050 1256 E ANDREAS RD 5245 WHITE OAK AVE 10 USA BIA PALM SPRINGS, CA 92262 ENCINO,CA 91316 009608537 009608536 508560023 PERNA,CARLA LESLEY MCGHEE,R DALE USA 508 1252 E ANDREAS RD PO BOX 973 PALM SPRINGS,CA 92262 DOUGLAS,MI 49406 508560024 508071044 508071054 USA 508 USA BIA USA 508 508071055 009608535 USA BIA RYAN,MICHAEL P 508071045 206 N HERMOSA DR USA BIA PALM SPRINGS,CA 92262 508071050 508071065 508071066 USA BIA USA BIA USA BIA 4D 2s�� ��� a ��� 508071087 009608534 508100040 USA 508 ADELMAN,SID&MELINDA USA AGUA CALIENTE BAND OF 4068 WESLIN AVE CAHUILLA TRUST SHERMAN OAKS,CA 91423 5401 DINAH SHORE DR PALM SPRINGS,CA 92264 508560001 USA 508 508560005 508560006 1111 E TAHQUITZ CANYON WAY USA 508 USA 508 PALM SPRINGS,CA 92262 ' 009608533 009608532 009608531 NEILLAICHARD G TRUST WEST,ROGER J MULCAHY,MICHAEL J 202 N HERMOSA DR 200 N HERMOSA DR 672 RIDGE RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 WEST BEND, WI 53095 508560010 009608529 009608526 USA 508 TUCKER,CHARLES K GOODWIN,WILLIAM E 1626 AWARD DR 630 BLAIR AVE MANCHESTER,MO 63021 PIEDMONT,CA 94611 508560013 508100019 508100033 USA BIA USA 508 USA 508 508100038 508100034 USA AGUA CALIENTE BAND OF 508071048 USA 508 CAHUILLA TRUST USA BIA 5401 DINAH SHORE DR PALM SPRINGS,CA 92264 508071049 508071056 508071057 USA BIA USA BIA USA 508 508071046 508071047 009608525 USA BIA TROX,GABRIELE A TR MCQUILLEN,G A LIVING TRUST 246 N HERMOSA DR 1244 E ANDREAS RD PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 508560018 508560019 508560020 USA 508 USA 508 USA 508 PO BOX 37000 PO BOX 37000 PO BOX 37000 SAN FRANCISCO,CA 94137 SAN FRANCISCO, CA 94137 SAN FRANCISCO,CA 94137 508071052 508560021 USA BIA USA 508 508560022 PO BOX 3700 USA 508 ' SAN FRANCISCO,CA 94137 508560025 508071058 508560004 USA 508 USA BIA USA B1A 508560007 508560008 508560009 USA 508 USA 508 USA 508 508560011 009608530 508560012 USA 508 BROOKE,GERALD L USA 508 242 N HERMOSA DR PALM SPRINGS,CA 92262 508071053 009608527 USA 508 CONDON,JOHN 1240 E ANDREAS RD PALM SPRINGS,CA 92262