HomeMy WebLinkAbout5/18/2011 - STAFF REPORTS - 2.K. ?ALM sA,P
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C,�41FOR City Council Staff Report
DATE: May 18, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE
NO. 1791, APPROVING CASE 5.1212 CZ, A CHANGE OF ZONE FROM E-1
(ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN
APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST
CORNER OF KAREN AVENUE AND 19TH AVENUE
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1791.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1791, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1212 CZ, A CHANGE OF
ZONE FROM E-1 (ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR AN
APPROXIMATE 98-ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF
KAREN AVENUE AND 19TH AVENUE, SECTION 15, APN 666-330-001-7."
STAFF ANALYSIS:
At its May 4, 2011, meeting Ordinance No. 1791 was introduced for first reading
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE
5.1212 CZ, A CHANGE OF ZONE FROM E-1 (ENERGY-INDUSTRIAL) TO
M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-ACRE PARCEL LOCATED AT
THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE, SECTION 15,
APN 666-330-001-7" by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ITEM NO. .
ADOPTION OF PROPOSED ORDINANCE NO. 1791
May 18, 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.
ames Thompson David H. Ready, Es .
City Clerk City Manager
/kdh
Attachment: Ordinance No. 1791
PROPOSED ORDINANCE NO. 1791
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.1212 CZ, A
CHANGE OF ZONE FROM E-1 (ENERGY-INDUSTRIAL) TO
M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-
ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER
OF KAREN AVENUE AND 19T" AVENUE, SECTION 15,
APN 666-330-001-7
WHEREAS, On August 14, 2008, Noble & Company (the Applicant) filed an application
for a Change of Zone, requesting to change the zoning designation of an approximately
98 acre parcel identified as APN 666-330-001-7 from zone E-I (Energy Industrial) to
zone M-2 (Manufacturing); and
WHEREAS, on February 2, 2011, the City issued a Notice of Intent to adopt a Mitigated
Negative Declaration (MND). The Initial Study and proposed MND was submitted for a
20-day public comment period beginning on February 8, 2011 and ending on February
27, 2011; and
WHEREAS, all public comments received on the MND were reviewed and written
responses were provided, and
WHEREAS, on March 23, 2011, a public hearing to consider Case 5.1212 CZ TPM
36073, was held by the Planning Commission in accordance with applicable law, and
WHEREAS, on March 23, 2011 , the Planning Commission adopted Resolution 6189, a
recommendation to the City Council to approve Case 5.1212 CZ TPM 36073, and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1212 CZ TPM 36073, was given in accordance with applicable law;
and
WHEREAS, on May 4, 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 5.1212 CZ TPM 36073, and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider said Ordinance adopting the Change of Zone and approving the Tentative
Parcel Map held by the City Council in accordance with applicable law; and
Ordinance No. May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 2 of 4
WHEREAS, at said public hearing the City Council considered Case 5.1212 CZ TPM
36073 Change of Zone, including the staff report, the associated MND, and all written
and public testimony related to Case 5.1212 CZ TPM 36073.
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 --"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 proposed change from E-1 to M-2 conforms to the General Plan Land Use
Designation of Regional Business Center. 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. The proposed change of zone and parcel map are
consistent with the policies and goals of the City's General Plan as follows:
Policy LU12.1 Promote the development of high-quality regional and
freeway-serving land uses that generate a sense of place and arrival into
the City at the interchanges of Gene Autry Drive and Indian Canyon Drive
with I-10
The proposed zone change from E-1 to M-2 and Tentative Parcel Map is consistent with
this policy because the M-2 zone allows for uses and densities that are complementary
and appropriate for this site which is visible from the freeway, adjacent to other M-2
zones and near the interchange of Indian Canyon Drive and the 1-10.
Policy LU12-5 Periodically reevaluate the concentration, type, and mix of
commercial, office and industrial development that is appropriate and
4
Ordinance No. May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 3 of 4
sustainable adjacent to the freeway.
The proposed change of zone from E-1 to M-2 presents an appropriate opportunity for
the City to consider the potential to increase the concentration and allowable density for
this freeway-fronting parcel.
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 three (3) 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 City Council has concluded that 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 to the east. 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 5.1212 CZ Change of Zone and a
thirty-day waiting period before it is effective allowing the approval of Case
5.1212 CZ.
SECTION 4. The City Council adopts an ordinance to approve the zone map change
which changes the zoning designation from E-1 (Energy-Industrial) to M-2
(Manufacturing) for an approximately 98 acre parcel southeast of the
intersection of Karen Avenue and 19 h Avenue, in conjunction with Case
5.1212 CZ TPM 36073.
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
Ordinance No. May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 4 of 4
or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 41h day of May, 2011.
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 \
U
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: May 19, 2011
Subject: Ordinance 1791
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 May 28,
2011.
1 declare under penalty of perjury that the foregoing is true and correct.
'c 1-kx1tTJ
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 May 26, 2011.
I rdecllarre, under penalty of perjury that the foregoing is true and correct.
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
2000263954
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 "No 1022 -
in said newspaper (set in type not smaller than non panel) CITY PALM SPRINGS
in each and entire issue of said newspaper and not in any ORDINANCE No.1791
supplement thereof on the following dates,to wit: SPRINNGS NACq FORFNUTMgpPq IOF CASE
(S�'1212 C'L A RANGE OF ZONE rr FROM E.1
TUBING) (FOR ANAWR 4ATEM9a-ACRE
Newspaper: .The Desert Sun PARCEL tO%13 AT THE SOUTHEAST COR.
NER OF KgREyP'�AVENUE AND 1WH AVENUE,
SECTION I5,A 666330-001-7.
5/28/2011
Af on Summ
TNg E_11 f Mree raves re
from E-1.((Ene nduelft M-2 IBAaa"Ufa 1,
fog)for a 98 acre parcel at Southeast iiger8atr
330-0011-Win Of a7reo A and Negatwantllad �e Avenue(APR ass.
thepotential man ate ana�lyaigs�of:
me Changan rare mental impacts as a result Of
(IEFITIFICATION
I acknowledge that I am a principal clerk of the printer of STATE OF CAUEORNIAI
The Desert Sun, printed and published weekly in the City COUNTY OF RIVERSIDE) sa.
of Palm Springs, County of Riverside, State of California. CITY OF pgU,t SPRINGS)
The Desert Sun was adjudicated a newspaper of general I JAMES THOM N,G Clark of tl1e City a
ia,do�,erebycediymeta-
circulation on March 24, 1988 by the Superior Court of the 1aa i79 8full,we and correctmpy
County of Riverside, State of California Case No. pam� et a regular meeling a
191236. 2Di7 Uf a CI I on the 4th day of Me_y,
Counca-told aal q{larMay,a@a �mmeY fedinxa+g{amle P�
'AYES
I declare under penalty of perjury that the foregoing is true N
and correct. Executed on this 28th day of May, 2011 in
ES
Palm Springs,Califor
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CITY OF PALM SPRINGS
ORDINANCE NO. 1791
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE 5.1212 CZ, A CHANGE
OF ZONE FROM E-I (ENERGY-INDUSTRIAL) TO
M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-
ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER
OF KAREN AVENUE AND 19T" AVENUE, SECTION 15,
APN 666-330-001-7.
City Attorney Summary
This Ordinance approves the Change of Zone from E-1
(Energy-Industrial) to M-2 (Manufacturing) for a 98 acre
parcel at the southeast intersection of Karen Avenue and
19th Avenue (APN 666-330-001-7), and adopts the prepared
Mitigated Negative Declaration as an adequate analysis of
the potential environmental impacts as a result of the change
in 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. 1791 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 4t day of May,
2011, and adopted at a regular meeting of the City Council held on the 18th day of May,
2011 by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
?Ms Thompson CityClerk
f Palm Springs, California
ORDINANCE NO. 1791
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE 5.1212 CZ, A CHANGE
OF ZONE FROM E-1 (ENERGY-INDUSTRIAL) TO
M-2 (MANUFACTURING) FOR AN APPROXIMATE 98-
ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER
OF KAREN AVENUE AND 19T" AVENUE, SECTION 15,
APN 666-330-001-7.
City Attorney Summary
This Ordinance approves the Change of Zone from E-1
(Energy-Industrial) to M-2 (Manufacturing) for a 98 acre
parcel at the southeast intersection of Karen Avenue and
19th Avenue (APN 666-330-001-7), and adopts the prepared
Mitigated Negative Declaration as an adequate analysis of
the potential environmental impacts as a result of the change
in zone.
WHEREAS, On August 14, 2008, Noble & Company (the Applicant) filed an
application for a Change of Zone, requesting to change the zoning designation of an
approximately 98 acre parcel identified as APN 666-330-001-7 from zone E-I (Energy
Industrial) to zone M-2 (Manufacturing); and
WHEREAS, on February 2, 2011, the City issued a Notice of Intent to adopt a
Mitigated Negative Declaration (MND). The Initial Study and proposed MND was
submitted for a 20-day public comment period beginning on February 8, 2011 and
ending on February 27, 2011; and
WHEREAS, all public comments received on the MND were reviewed and written
responses were provided, and
WHEREAS, on March 23, 2011, a public hearing to consider Case 5.1212 CZ
TPM 36073, was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, on March 23, 2011 , the Planning Commission adopted Resolution
6189, a recommendation to the City Council to approve Case 5.1212 CZ TPM 36073,
and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1212 CZ TPM 36073, was given in accordance with
applicable law; and
Ordinance No. 1791
Page 2
WHEREAS, on May 4, 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 5.1212 CZ TPM 36073, and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider said Ordinance adopting the Change of Zone and approving the
Tentative Parcel Map held by the City Council in accordance with applicable law; and
WHEREAS, at said public hearing the City Council considered Case 5.1212 CZ
TPM 36073 Change of Zone, including the staff report, the associated MND, and all
written and public testimony related to Case 5.1212 CZ TPM 36073.
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 —"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 proposed change from E-1 to M-2 conforms to the General Plan Land Use
Designation of Regional Business Center. The change of zone will permit greater
development density because the 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 the zone. This increased density is evaluated in the
associated environmental analysis. The proposed change of zone and parcel map are
consistent with the policies and goals of the City's General Plan as follows:
Ordinance No. 1791
Page 3
Policy LU12.1 Promote the development of high-quality regional and
freeway-serving land uses that generate a sense of place and arrival into
the City at the interchanges of Gene Autry Drive and Indian Canyon Drive
with 1-10
The proposed zone change from E-1 to M-2 and Tentative Parcel Map is consistent with
this policy because the M-2 zone allows for uses and densities that are complementary
and appropriate for this site which is visible from the freeway, adjacent to other M-2
zones and near the interchange of Indian Canyon Drive and the 1-10.
Policy LU12-5 Periodically reevaluate the concentration, type, and mix of
commercial, office and industrial development that is appropriate and
sustainable adjacent to the freeway.
The proposed change of zone from E-I to M-2 presents an appropriate opportunity for
the City to consider the potential to increase the concentration and allowable density for
this freeway-fronting parcel.
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 three (3) 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 City Council has concluded that 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 to the east. 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 5.1212 CZ Change of Zone and a
Ordinance No. 1791
Page 4
thirty-day waiting period before it is effective allowing the approval of Case
5.1212 CZ.
SECTION 4. The City Council adopts an ordinance to approve the zone map change
which changes the zoning designation from E-1 (Energy-Industrial) to M-2
(Manufacturing) for an approximately 98 acre parcel southeast of the
intersection of Karen Avenue and 19 h Avenue, in conjunction with Case
5.1212 CZ TPM 36073.
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 18TH DAY OF MAY, 2011.
ATTEST:
Stephen P. Pougnet, M
James Thompson, City Clerk
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1791 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 4' day of May,
2011 and adopted at a regular meeting of the City Council held on the 18th day of May,
2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
James Thompson, City Clerk
City of Palm Springs, California