HomeMy WebLinkAbout5/2/2012 - STAFF REPORTS - 2E 4�?ALM S'O9
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4RORAEEO City Council Staff Report
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DATE: May 2, 2012 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 1805, TO CHANGE THE ZONE DESIGNATION OF TWO LOTS AT
THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND
SUNRISE WAY FROM Cl-AA (LARGE SCALE RETAIL COMMERCIAL)
TO C1 (RETAIL COMMERCIAL)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1805.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1805, "AN ORDINANCE OF THE CITY
COUNCIL OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP TO
CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE SITE
(APNS 502 065 008 and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL
COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE SITE IS LOCATED AT THE
NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY."
STAFF ANALYSIS:
On April 11, 2012, Ordinance No. 1805 was introduced for first reading,
"AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA
AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008 and 502 065 018) FROM C-1-
AA (LARGE SCALE RETAIL COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE
SITE IS LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY
AND SUNRISE WAY."
AYES: Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
ABSTAIN: None.
Item No. 2e E .
ADOPTION OF PROPOSED ORDINANCE NO. 1805
May 2, 2012
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, Es .
City Clerk City Manager
/kd h
Attachment: Ordinance No. 1805
002
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS,
CALIFORNIA AMENDING THE ZONING MAP TO CHANGE THE
ZONING DESIGNATION OF AN APPROXIMATELY 1.38-ACRE
SITE (APNS 502 065 008 and 502 065 018) FROM C-I-AA
(LARGE SCALE RETAIL COMMERCIAL) TO C-1 (RETAIL
COMMERCIAL); THE SITE IS LOCATED AT THE NORTHEAST
CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY
WHEREAS, On January 3, 2012, Wessman Holdings, LLC (the Applicant) filed an
application for a Change of Zone, requesting to change the zoning designation of an
approximately 1.38 acre site identified as APNs 502 065 008 and 502 065 018 from
zone C-1-AA (Large Scale Retail Commercial) to zone C-1 (Retail Commercial); 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 no potentially significant impacts to the environment. A
Notice of Intent to Adopt a Negative Declaration was prepared and circulated for public
comment for a period of 20 days. No new information was discovered during the
comment period that would require further analysis under CEQA; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs, California for Case 5.1275 CZ / TPM Waiver 36438, and Case 7.1369 AMM
was given in accordance with applicable law, and
WHEREAS, on March 14, 2012, a public hearing of the Planning Commission was held
to review said case and
WHEREAS, at said hearing the Planning Commission 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
unanimously to adopt the Negative Declaration under CEQA and to approve Case
7.1369 AMM and Tentative Parcel Map Waiver 36438, subject to conditions of approval
and recommend adoption of the Negative Declaration by the City Council and to
recommend approval of Case 5.1275 CZ, and
WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs,
California for Case 5.1275 CZ was given in accordance with applicable law; and
WHEREAS, on April 11, 2012, a public meeting on Case 5.1275 CZ was held by the
City Council in accordance with applicable law; and
WHEREAS, at said hearing the City Council 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
003
Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 2 of 4
WHEREAS, 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 5.1275 CZ, and
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 Negative
Declaration as an adequate analysis of the potential environmental
impacts of the proposed Change of Zone.
SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of Zone) the City
Council hereby makes the following findings in support of the requested
change of zone:
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 proposed change from C-1-AA to C-1 conforms to the General Plan Land Use
Designations of Neighborhood Community Commercial (NCC) and Office (0) in terms
of uses on the site (which are commercial and office type uses) and the development
density which is below the maximum 0.35 FAR for each proposed parcel. The Change
of Zone is also consistent with policies of the General Plan as follows:
Policy LU4.1 Ensure that sufficient land is designated for commercial use
in appropriate areas to support the current and future needs of the
community and surrounding areas in a manner that responds to the
changing market conditions.
The proposed zone change from C-1-AA to C-1 is consistent with this policy. The land
at this location is appropriate for commercial uses because it is at the intersection of two
major thoroughfares and provides commercial and retail amenities to nearby residential
neighborhoods.
Policy LU1.1 Ensure that development meets or exceeds the
requirements and standards specified within each land use designation.
The existing commercial and office development on the subject parcels is developed
with uses and densities that are consistent with the standards for the land use
004
Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 3 of 4
designation in which they are located.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant
by the commission and council.
The application proposes two (2) lots each of which are conforming to the minimum size
and dimensional requirements for the C-1 zone. The parcels are both fully developed
with commercial and office uses that are permissible in the proposed C-1 zone. The
parcels are located along major thoroughfares which have adequate capacity and
physical configuration to provide safe and appropriate access to each of the proposed
parcels.
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 change of zone request allows reconfiguration of the parcels in a manner that is
consistent with the development standards for the C-1 zone. As they presently exist,
the lots would be considered "legal non-conforming" because they are less than the
required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully
developed with uses and structures that are consistent with the C-1 zone. The change
of zone is not detrimental to residential zones in the vicinity because the sites are
developed with uses and structures that are supportive and convenient to the adjacent
residential zone.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings
before Council for the approval of Case 5.1275 CZ and a thirty-day waiting
period before the approval of Case 5.1275 CZ becomes effective.
SECTION 4. The City Council adopts an ordinance to approve the zone map change
which changes the zoning designation from C-I-AA (Large Scale Retail
Commercial) to C-1 (Retail Commercial) for an approximately 1.38 acre
site in conjunction with Case 5.1275 CZ (APN's 502 065 008 and 502 065
018).
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 eleventh day of April, 2012.
005
Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 4 of 4
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 \
006
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: May 2, 2012
Subject: Ordinance No. 1806 - Summary
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
May 16, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CIVIC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, 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 May 15, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
1`
Kathie Hart, CIVIC
Chief Deputy City Clerk
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
RECEfVE
PAL i-1 SP
State Of California ss: 2012 NAY 21 AN 10: 37
County of Riverside
CITY" CLERK
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000318637
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) No 1359 —
in each and entire issue of said newspaper and not in any CITY OF PALM SPRINGS
-
supplement thereof on the following dates,to wit: I
ORDINANCE NO.1806
AN ORDINANCE OF.THE CITY COUNCIL OF
Newspaper: .The Desert Sun PALM
ZONING MAP GTO CHANGE THE ZONINGDES-
IGNATION
OF AN APPROXIMATELY 1.38-ACRE
- SITE (APNS 502 065 008 and 502 OSS 018)
FROM C-I-AA (LARGE SCALE RETAIL COM- -
5/16/2012 MERCIAL TO CA (RETAIL COMMERCIAL),
THE SIT IS LOCATED AT THE NORTHEAST
CORNER OF TAHOUITZ CANYON WAY AND
SUNRISE WAY.'
This Call ace e ttorsye Summary
pwo"generally located
at the"saw corner of Ta wtz Canyon Way
and Sunm;s Way from the C.1-AA(large scale re-
tail commercial)zone to the C-1 (retail codlmer-
cial)zone. e
I acknowledge that I am a principal clerk of the printer of _. CERTIFICATION The Desert Sun, printed and published weekly in the City STATE OF CALIFORNIA ))
of Palm Springs, County of Riverside, State of California. COUNTYOFRIVERSIDE) ss
The Desert Sun was adjudicated a newspaper of general CITY OF PALM SPRINGSIII. -
Circulation On March 24, 1988 by the Superior Court of the I JAMES THOMPSON,Clty Clerk of the City of
halm Spdngs,CaBfeonpe,do hereby cerMy ttrat Or-
County of Riverside, State of California Case No. dinance Na t806 a g18.,true and correct
191236. and was introduced at a regular meet nngg C
Palm SSoonngs,Cily Council on A nl 11,2012 and
ado7ted'at a r Jar meebnp of.the City Council
heltl on May 2,2012 by the following vote:
I declare under penalty of perjury that the foregoing is true AYES: Councilmsmber Lewin, Council mem
and correct. Executed on this 16th day of May, 2012 in �oePougm. ern Font, aria _
- NOES: : None: -
ABSENT: None.
Palm Springs,California. ABSTAIN: Councilmember Hutcheson.
JAMES THOMPSON,CITY CLERK
PgMlched:SNIll12
i
Declarant Signature
a�
CITY OF PALM SPRINGS
ORDINANCE NO. 1806
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008
and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL
COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE
SITE IS LOCATED AT THE NORTHEAST CORNER OF
TAHQUITZ CANYON WAY AND SUNRISE WAY.
City Attorney's Summary
This Ordinance rezones property generally located at the northeast comer of Tahquitz
Canyon Way and Sunrise Way from the C-1-AA (large scale retail commercial) zone to
the C-1 (retail commercial) zone.
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. 1806 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on April 11, 2012 and adopted at a
regular meeting of the City Council held on May 2, 2012 by the following vote:
AYES: Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Hutcheson.
?MES THOMPSON, CITY CLERK
ORDINANCE NO. 1806
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 1.38-ACRE SITE (APNS 502 065 008
and 502 065 018) FROM C-I-AA (LARGE SCALE RETAIL
COMMERCIAL) TO C-1 (RETAIL COMMERCIAL); THE
SITE IS LOCATED AT THE NORTHEAST CORNER OF
TAHQUITZ CANYON WAY AND SUNRISE WAY.
City Attorney's Summary
This Ordinance rezones property generally located at the northeast
comer of Tahquitz Canyon Way and Sunrise Way from the C-1-AA
(large scale retail commercial) zone to the C-1 (retail commercial)
zone.
WHEREAS, On January 3, 2012, Wessman Holdings, LLC (the Applicant) filed
an application for a Change of Zone, requesting to change the zoning designation of an
approximately 1.38 acre site identified as APNs 502 065 008 and 502 065 018 from
zone C-1-AA (Large Scale Retail Commercial) to zone C-1 (Retail Commercial); 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 no potentially significant impacts to the environment.
A Notice of Intent to Adopt a Negative Declaration was prepared and circulated for
public comment for a period of 20 days. No new information was discovered during the
comment period that would require further analysis under CEQA; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of
Palm Springs, California for Case 5.1275 CZ / TPM Waiver 36438, and Case 7.1369
AMM was given in accordance with applicable law, and
WHEREAS, on March 14, 2012, a public hearing of the Planning Commission
was held to review said case and
WHEREAS, at said hearing the Planning Commission 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
unanimously to adopt the Negative Declaration under CEQA and to approve Case
7.1369 AMM and Tentative Parcel Map Waiver 36438, subject to conditions of approval
and recommend adoption of the Negative Declaration by the City Council and to
recommend approval of Case 5.1275 CZ, and
Ordinance No. 1806
Page 2
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs, California for Case 5.1275 CZ was given in accordance with applicable law;
and
WHEREAS, on April 11, 2012, a public meeting on Case 5.1275 CZ was held by
the City Council in accordance with applicable law; and
WHEREAS, at said hearing the City Council 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
WHEREAS, 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 5.1275 CZ, and
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 Negative
Declaration as an adequate analysis of the potential environmental
impacts of the proposed Change of Zone.
SECTION 2. Pursuant to Zoning Code Section 94.07.00 (Change of Zone) the City
Council hereby makes the following findings in support of the requested
change of zone:
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 proposed change from C-1-AA to C-1 conforms to the General Plan Land
Use Designations of Neighborhood Community Commercial (NCC) and Office (0) in
terms of uses on the site (which are commercial and office type uses) and the
development density which is below the maximum 0.35 FAR for each proposed parcel.
The Change of Zone is also consistent with policies of the General Plan as follows:
Policy LU4.1 Ensure that sufficient land is designated for commercial use
in appropriate areas to support the current and future needs of the
community and surrounding areas in a manner that responds to the
changing market conditions.
Ordinance No. 1806
Page 3
The proposed zone change from C-1-AA to C-1 is consistent with this policy. The land
at this location is appropriate for commercial uses because it is at the intersection of two
major thoroughfares and provides commercial and retail amenities to nearby residential
neighborhoods.
Policy LU1.1 Ensure that development meets or exceeds the
requirements and standards specified within each land use designation.
The existing commercial and office development on the subject parcels_ is developed
with uses and densities that are consistent with the standards for the land use
designation in which they are located.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant
by the commission and council.
The application proposes two (2) lots each of which are conforming to the minimum size
and dimensional requirements for the C-1 zone. The parcels are both fully developed
with commercial and office uses that are permissible in the proposed C-1 zone. The
parcels are located along major thoroughfares which have adequate capacity and
physical configuration to provide safe and appropriate access to each of the proposed
parcels.
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 change of zone request allows reconfiguration of the parcels in a manner that is
consistent with the development standards for the C-1 zone. As they presently exist,
the lots would be considered "legal non-conforming" because they are less than the
required minimum two acre lot size of the C-1-AA zone. The parcels are currently fully
developed with uses and structures that are consistent with the C-1 zone. The change
of zone is not detrimental to residential zones in the vicinity because the sites are
developed with uses and structures that are supportive and convenient to the adjacent
residential zone.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings
before Council for the approval of Case 5.1275 CZ and a thirty-day waiting
period before the approval of Case 5.1275 CZ becomes effective.
SECTION 4. The City Council adopts an ordinance to approve the zone map change
which changes the zoning designation from C-I-AA (Large Scale Retail
Commercial) to C-1 (Retail Commercial) for an approximately 1.38 acre
site in conjunction with Case 5.1275 CZ (APN's 502 065 008 and 502 065
018).
Ordinance No. 1806
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 2ND DAY OF MAY, 2012.
STEVEN 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. 1806 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on April 11, 2012 and adopted at a
regular meeting of the City Council held on May 2, 2012 by the following vote:
AYES: Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Foat, and
Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Hutcheson.
JAMES THOMPSON, CITY CLERK
City of Palm springs, California