HomeMy WebLinkAbout11/16/2011 - STAFF REPORTS - 2E \v � EpALMSA�
w Q
U
v �
x
* FceN% City Council Staff Report
DATE: November 16, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1800, AMENDING THE ZONING MAP TO CHANGE THE ZONING
DESIGNATION OF AN APPROXIMATELY 30-ACRE PARCEL LOCATED
NORTH OF 19TH AVENUE AND EAST OF HALLECK AVENUE
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Proposed Ordinance No. 1800.
RECOMMENDATION:
Waive further reading and adopt Proposed Ordinance No. 1800, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP TO
CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY 30-ACRE
PARCEL (APN 666-320-007, 009, and 013) FROM E-1 (ENERGY-INDUSTRIAL) TO M-
2 (MANUFACTURING); THE PARCEL IS LOCATED NORTH OF 19TH AVENUE AND
EAST OF HALLECK AVENUE, SECTION 15."
STAFF ANALYSIS:
On October 19, 2011, Proposed Ordinance No. 1800 was introduce for first reading,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE
ZONING MAP TO CHANGE THE ZONING DESIGNATION OF AN APPROXIMATELY
30-ACRE PARCEL (APN 666-320-007, 009, and 013) FROM E-I (ENERGY-
INDUSTRIAL) TO M-2 (MANUFACTURING); THE PARCEL IS LOCATED NORTH OF
19TH AVENUE AND EAST OF HALLECK AVENUE, SECTION 15."
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Item No. 2e E .
ADOPTION OF PROPOSED ORDINANCE NO. 1800
November 16, 2011
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 D.
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1800
02
PROPOSED ORDINANCE NO. 1800
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 30-ACRE PARCEL (APN 666-320-007,
009, and 013) FROM E-1 (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING); THE PARCEL IS LOCATED NORTH
OF 19TH AVENUE AND EAST OF HALLECK AVENUE,
SECTION 15.
WHEREAS, On April 14, 2008, Noble & Company (the Applicant) filed an application for
a Change of Zone, requesting to change the zoning designation of an approximately 30
acre parcel identified as APN 666-320-007, 009, and 013 from zone E-1 (Energy
Industrial) to zone M-2 (Manufacturing); and
WHEREAS, the applicant has also filed an application with the City pursuant to Chapter
9.62 of the City's Municipal Code (Maps) and Section 66474 of the State of California
Subdivision Map Act, for a Tentative Parcel Map proposing to subdivide the same 30
acre parcel into six lots; and
WHEREAS, a notice of public hearing for Case 5.1209 CZ TPM 35681 was given in
accordance with applicable law; and
WHEREAS, on September 28, 2011, a public meeting on Case 5.1209 CZ TPM 35681
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 6-0-1 (Klatchko absent) to approve the Change of Zone and Tentative Parcel
Map and recommend its approval to the City Council subject to Conditions of Approval.
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1209 CZ TPM 35681, was given in accordance with applicable law;
and
03
Ordinance No. 1800
Page 2
WHEREAS, on October 19, 2011, a public hearing on the application for the project was
held by the City Council in accordance with applicable law; 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 5.1209 CZ TPM 35681, and
WHEREAS, at said public hearing the City Council considered Case 5.1209 CZ TPM
35681 Change of Zone, including the staff report, the associated MND, and all written
and public testimony related to Case 5.1209 CZ TPM 35681.
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 M-2 zone conforms to the General Plan Land Use Designation of Industrial. Of the
three parcels that comprise this project one is already zoned M-2, thus, the applying the
proposed M-2 zone to the other two parcels would establish a contiguous M-2 zone with
other land with the same zone designation. The General Plan Industrial land use
designation encourages manufacturing and industrial uses of the type that are permitted
in the M-2 zone that are not detrimental to the premier resort nature of Palm Springs.
The proposed change of zone and land uses permitted therein are in conformity with the
General Plan. The change of zone will permit greater development density because the
E-1 zone restricts non-WECS uses to 15% of the total lot, whereas the M-2 zone allows
up to 60% of the total lot area to be developed with buildings and uses consistent with
the zone. This increased density is evaluated in the associated environmental analysis.
04
Ordinance No. 1800
Page 3
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 six lots each of which are conforming to the minimum size and
dimensional requirements for the M-2 zone. The area in which the parcels are located
is a zone in which industrial uses are permitted and current development patterns are
already emerging that are consistent with the uses permitted in the M-2 zone.
Therefore, the property and the proposed parcels are suitable for the uses permitted in
the proposed zone.
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 consistency in development patterns and proposed
uses that are similar to those in adjacent parcels with the M-2 zone. The parcels are
currently undeveloped and by making the change of zone at this time, future
development patterns should emerge that are complementary and consistent with one
another. There are no residential zones in the vicinity of these parcels. For these
reasons, the change of zone is necessary and proper at this time and poses no
detrimental impact on adjacent properties.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings
before Council for the approval of Case 5.1209 CZ Change of Zone and a
thirty-day waiting period before it is effective allowing the approval of Case
5.1209 CZ.
SECTION 4. The City Council adopts an ordinance to approve the zone map change
which changes the zoning designation from E-I (Energy-Industrial) to M-2
(Manufacturing) for an approximately 30 acre parcel in conjunction with
Case 5.1209 CZ TPM 35681.
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.
05
Ordinance No. 1800
Page 4
ADOPTED this 19th day of October, 2011.
STEPHEN P. POLIGNET, 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. 1800 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on October 19, 2011, 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
NOTIFICATION
City Council
Meeting Date: November 16, 2011
Subject: Ordinance No. 1800
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 was published in the Desert Sun on
November 26, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
o
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 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 November 22, 2011.
III declare under penalty of perjury that the foregoing is true and correct.
l
Kathie Hart, CMC
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
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS - CA 922632
2000288214
No 37 1 -
CFfMi OFP_.�..
DTfpNiANr� 71�19
AN CE'oF'•. TH k ""t7 " PA.'
I am over the age of 18years old, a citizen of the United SPR �tVDFN&I
States and not a party to, or have interest in this matter.
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 .or 15 D'
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun "
.. ,Ed
11/26/2011 �/ �DN
STA f5E IWmVW
I•"ISq�9sFR� ` 'G�L'�
e '>enmtls�s xi�k' �
I acknowledge that I am a principal clerk of the printer of
The Desert Sun, printed and published weekly in the Cityit
, n•
of Palm Springs, County of Riverside, State of California. •" }lumheson. F,fe r -+u'Y mNel,
The Desert Sun was adjudicated a newspaper of general `,and Mayor,Rav et
circulation on March 24, 1988 b the Superior Court of the LADES: None.
Y p ABSEN7: Cono.,lm r its.
County of Riverside, State of California Case No. ASSTAtM Norte.
191236. - Chef D.Han,CMC
Chh,Depuly C�Clerk
City d Pe4n StF!efils,Calito is
I declare under penalty of perjury that the foregoing is true PoFAMhee•ti@erlt"
and correct. Executed on this 26th day of November, 2011
in Palm Springs,California.
1\ ib•II
Declar Sig a re
CITY OF PALM SPRINGS
ORDINANCE NO. 1800
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP TO
CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 30-ACRE PARCEL (APN 666-320-007,
009, and 013) FROM E-1 (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING); THE PARCEL IS LOCATED NORTH
OF 19T" AVENUE AND EAST OF HALLECK AVENUE,
SECTION 15.
City Attorney Summary
This ordinance amends the City's zoning map to change the zoning designation of a 30-
acre parcel located north of 19th Avenue and east of Halleck Avenue (APN: 666-320-
007, 009, 013) from E-1 (Energy-Industrial) to M-2 (Manufacturing).
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, Kathleen D. Hart, Chief Deputy City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1800 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on October 19, 2011,
and adopted at a regular meeting of the City Council held on November 16, 2011, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None. '/ i , (1
Kathleen D. Hart, CMC
Chief Deputy City Clerk
City of Palm Springs, California
Ordinance No.1800
Page 2
ORDINANCE NO. 1800
and voted 6-0-1 (Klatchko absent)to approve the Change of Zone and Tentative Parcel
AN ORDINANCE OF THE CITY OF PALM SPRINGS, Map and recommend its approval to the City Council subject to Conditions of Approval.
CALIFORNIA, AMENDING THE ZONING MAP TO
CHANGE THE ZONING DESIGNATION OF AN WHEREAS, notice of public hearing of the City Council of the City of Palm
APPROXIMATELY 30-ACRE PARCEL (APN 666-320-007, Springs to consider Case 5.1209 CZ TPM 35681, was given in accordance with
009, and 013) FROM E-I (ENERGY-INDUSTRIAL) TO M-2 applicable law;and
(MANUFACTURING); THE PARCEL IS LOCATED NORTH
OF 19TH AVENUE AND EAST OF HALLECK AVENUE, WHEREAS, on October 19, 2011, a public hearing on the application for the
SECTION 15. project was held by the City Council in accordance with applicable law;and,
City Attorney Summary WHEREAS, a Change of Zone is adopted by ordinance and includes two
This ordinance amends the City's zoning map to change the zoning readings and a thirty-day period before it is effective;and
designation of a 30-acre parcel located north of 19th Avenue and east of
Halleck Avenue(APN:666-320-007,009, 013)from E-1(Energy-Industrial) WHEREAS, an ordinance was prepared for two readings before Council for the
to M-2(Manufacturing). approval of Case 5.1209 CZ TPM 35681,and
WHEREAS, On April 14, 2008, Noble 8 Company (the Applicant) filed an WHEREAS,at said public hearing the City Council considered Case 5.1209 CZ
application for a Change of Zone, requesting to change the zoning designation of an TPM 35681 Change of Zone, including the staff report, the associated MIND, and all
approximately 30 acre parcel identified as APN 666-320-007, 009, and 013 from zone written and public testimony related to Case 5.1209 CZ TPM 35681.
E-I(Energy Industrial)to zone M-2(Manufacturing);and
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS
WHEREAS,the applicant has also filed an application with the City pursuant to FOLLOWS:
Chapter 9.62 of the City's Municipal Code (Maps) and Section 66474 of the Stale of
California Subdivision Map Act,for a Tentative Parcel Map proposing to subdivide the SECTION 1. Pursuant to CEQA,the City Council hereby adopts the Mitigated Negative
same 30 acre parcel into six lots;and Declaration as an adequate analysis of the potential environmental
impacts of the proposed Change of Zone and Tentative Parcel map.The
WHEREAS,a notice of public hearing for Case 5.1209 CZ TPM 35681 was given City Council further finds that with adoption of the proposed mitigation
in accordance with applicable law;and measures, all potentially significant impacts will be reduced to less than
significant impacts.
WHEREAS,on September 28,2011,a public meeting on Case 5.1209 CZ TPM
35681 was held by the Planning Commission in accordance with applicable law;and 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
WHEREAS,the proposed project is considered a"project"pursuant to the terms following conditions exist in reference to the proposed zoning of the
of the California Environmental Quality Act ("CEQA") An Initial Study was conducted subject property":
and the project was found to cause potentially significant impacts to the environment.
Mitigation measures have been proposed reducing any potentially significant impacts to 1. The proposed change of zone is in conformity with the general plan map
less than significant. The applicant has agreed in writing to all proposed mitigation and report. Any amendment of the general plan necessitated by the proposed
measures. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared change of zone should be made according to the procedure set forth in the Stale
and circulated for public comment for a period of 20 days. No new information was Planning Law either prior to the zone change, or notice may be given and
discovered that would require further analysis under CEQA;and hearings held on such general plan amendment concurrently with notice and
hearings on the proposed change of zone.
WHEREAS, at said hearing the Planning Commission carefully reviewed and
considered all of the evidence presented in connection with the hearing on the project, The M-2 zone conforms to the General Plan Land Use Designation of Industrial. Of the
including,but not limited to,the staff report,and all written and oral testimony presented three parcels that comprise this project one is already zoned M-2,thus,the applying the
proposed M-2 zone to the other two parcels would establish a contiguous M-2 zone with
other land with the same zone designation. The General Plan Industrial land use
Ordinance No.1800 Ordinance No.1800
Page 3 Page 4
designation encourages manufacturing and industrial uses of the type that are permitted SECTION 6. Publication: The City Clerk is hereby ordered to and directed to certify to
in the M-2 zone that are not detrimental to the premier resort nature of Palm Springs. the passage of this Ordinance,and to cause the same or summary thereof
The proposed change of zone and land uses permitted therein are in conformity with the or a display advertisement, duly prepared according to law, to be
General Plan. The change of zone will permit greater development density because the published in accordance with law.
E-I zone restricts non-WECS uses to 15°%of the total lot,whereas the M-2 zone allows
up to 60%of the total lot area to be developed with buildings and uses consistent with ADOPTED this 16"day of November,2011.
the zone. This increased density is evaluated in the associated environmental analysis.
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, STEPHEN P.POUGNET,MAYOR
and other considerations deemed relevant by the commission and council.
ATTEST:
The application proposes six lots each of which are conforming to the minimum size and
dimensional requirements for the M-2 zone. The area in which the parcels are located
is a zone in which industrial uses are permitted and current development patterns are
already emerging that are consistent with the uses permitted in the M-2 zone. JAMES THOMPSON,CITY CLERK
Therefore,the property and the proposed parcels are suitable for the uses permitted in
the proposed zone.
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.
CERTIFICATION
The change of zone request allows consistency in development patterns and proposed
uses that are similar to those in adjacent parcels with the M-2 zone. The parcels are STATE OF CALIFORNIA )
currently undeveloped and by making the change of zone at this time, future COUNTY OF RIVERSIDE ) ss.
development patterns should emerge that are complementary and consistent with one CITY OF PALM SPRINGS)
another. There are no residential zones in the vicinity of these parcels. For these
reasons, the change of zone is necessary and proper at this time and poses no I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
detrimental impact on adjacent properties. certify that Ordinance No. 1800 is a full,true,and correct copy,and was introduced at a
regular meeting of the Palm Springs City Council on October 19,2011,and adopted at
SECTION 3. Pursuant to California Law, an ordinance was prepared for two readings a regular meeting of the City Council held on November 16,2011,by the following vote:
before Council for the approval of Case 5.1209 CZ Change of Zone and a AYES: Councilmember Foat,Councilmember Hutcheson,Mayor Pro Tem Weigel,
thirty-day waiting period before it is effective allowing the approval of Case
5.1209 CZ. and Mayor Pougnet.
NOES: None.
SECTION 4. The City Council adopts an ordinance to approve the zone map change ABSENT: Councilmember Mills.
which changes the zoning designation from E-I (Energy-Industrial)to M-2 ABSTAIN: None.
(Manufacturing) for an approximately 30 acre parcel in conjunction with
Case 5.1209 CZ TPM 35681.
SECTION 5. Effective Date: This Ordinance shall be in full force and effect thirty(30) James Thompson,City Clerk
days after passage. City of Palm Springs,California