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C CITY COUNCIL STAFF REPORT
DATE: May 4, 2011 PUBLIC HEARING
SUBJECT: AN APPLICATION BY NOBLE & COMPANY REQUESTING A CHANGE
OF ZONE (CZ) FROM E-1 (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING) FOR AN APPROXIMATELY 98-ACRE PARCEL AT
THE SOUTHEAST CORNER OF KAREN AVENUE AND 19TH AVENUE.
THE APPLICATION INCLUDES A TENTATIVE PARCEL MAP (TPM
36073) TO SUBDIVIDE THE 98 ACRE PARCEL INTO THREE
PARCELS. (APN 666-330-001-7)
CASE: 5.1212 CZ— TPM 36073
FROM: David H. Ready, City Manager
BY: Craig Ewing, AICP, Director of Planning Services
SUMMARY
The applicant, Noble & Company is requesting a change of zone (CZ) from E-I to M-2
for a roughly 98-acre parcel on the north side of Interstate 10 (southeast corner of
Karen Avenue and 19th Avenue). The application includes a Tentative Parcel Map
(TPM) to subdivide the property into three parcels. A public hearing is required.
RECOMMENDATION:
Introduce on first reading Ordinance No. "AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A CHANGE OF ZONE FROM E-I
(ENERGY-INDUSTRIAL) TO M-2 (MANUFACTURING) FOR A ROUGHLY 98-ACRE
PARCEL (APN 666-330-001-7) LOCATED AT THE SOUTHEAST CORNER OF
KAREN AVENUE AND 19TH AVENUE, SECTION 15
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TPM
36073 TO SUBDIVIDE A ROUGHLY 98 ACRE SITE (APN 666-330-001-7), SECTION
15, INTO THREE PARCELS, SUBJECT TO THE CONDITIONS OF APPROVAL
SHOWN IN EXHIBIT A."
ITEM NO. �
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of zone and Tentative Parcel Map Page 2 of 8
BACKGROUND:
The subject site is located on the north side of the City, north of Interstate 10. It is
roughly sited west of Indian Canyon Drive on the south side of 19th Avenue (which is a
secondary thoroughfare in the General Plan), east of Karen Road, and north of 20t"
Avenue (which is a collector street and frontage road for Interstate 10). It is southwest
of the "peaker plant", a gas powered electrical generating plant.
The parcel is currently vacant with sparse natural desert scrub vegetation. The Garnet
Creek Wash lies in roughly a northwest-southeast orientation on the western third of the
site and is identified in the Coachella Valley Multiple Species Habitat Conservation Plan
(CVMSHCP) as a critical fluvial sand transport conservation corridor.
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AERIAL PHOTO SHOWING THE SUBJECT PARCEL.
Further discussion on the Garnet Creek Wash is included in the environmental analysis.
A utility corridor runs in a northwest-southeast orientation across roughly the middle of
the site. The parcels slope gently upward from south to north. The applicant is
proposing to subdivide the site into three parcels: A 45.35-acre and a 2.26 parcel east
of the power line easement, and a 51.23 acre parcel west of the utility easement.
The current land uses, General Plan and Zoning designations for the surrounding
properties are shown in Table 1 below.
Table 1: Surrounding land uses, General Plan and Zoning designations
Land Use General Plan Zoning
North Vacant Industrial E-I
East Industrial Regional Business Center M-2
South Industrial/Vacant Regional Business Center M-2
West Vacant Industrial E-I
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 3 of 8
RELATED PRIOR ACTIONS:
On March 9, 2011, the Planning Commission reviewed Case 5.1253 CUP / 6.524 VAR
and voted 6-0 to approve a 4.96 Megawatt Solar Energy Production Facility on roughly
24 acres in the northwest portion of the 98 acre parcel that is the subject of this zone
change application.
On March 23, 2011, the Planning Commission voted 6-0 to recommend approval by the
City Council of the Change of Zone and the Tentative Parcel Map.
On April 6, 2011, the City Council denied an appeal by the applicant/appellant (Solar
Power Inc) seeking relief from the imposition of public arts fees and directed staff to
return with a recommendation for a revised policy for imposition of public art and
building permit fees on solar production projects.
ANALYSIS:
General Plan
The subject property is designated Regional Business Center (RBC) (0.5 FAR-
Industrial, 0.35 FAR-Office, 0.5 FAR-Commercial) in the General Plan. This designation
is intended to promote a wide variety of business activities in a multi-use environment
that benefit from their close proximity to the freeway. Uses in this area are intended to
provide large-scale development opportunities that serve an area larger than the City
proper. The parcels just east of the subject parcel are also zoned M-2 and are also
within the RBC land use area.
The northern portion of the 98-acre parcel (approximately 30 acres) is also within the
Wind Energy Overlay (WEO) (shown as the dotted area in the map below). This
overlay is intended to identify areas where WECS (Wind Energy Conversion Systems)
or wind turbines are allowed. Further discussion of the Wind Energy Overlay is
provided below.
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PORTION OF THE GENERAL PUN' LAND USE MAP
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 4 of 8
The proposed change of zone and parcel map were evaluated for consistency against
the policies and goals of the City's General Plan and found to be consistent. A full
analysis of the relevant policies of the General Plan is outlined in the findings portion of
this staff report.
Change of Zone — Density Discussion.
The project proposes to change the zone designation from Energy - Industrial to M-2
(Manufacturing). One key difference between the two zone designations is lot
coverage. The maximum lot coverage for non-wind energy uses in the E-I zone is
limited to 15% of the lot area. In the M-2 zone however, the maximum lot coverage is
60% for any use. The potential impacts of this four-fold increase in lot coverage that
would be possible with the proposed zone change are evaluated in the environmental
analysis.
There is also a density limitation imposed by the General Plan. The General Plan RBC
land use designation denotes a maximum "Floor Area Ratio" or "FAR" as 0.5 for
Industrial and Commercial uses and 0.35 for Office uses. This FAR applies to any
zone within the RBC land use designation. Thus for projects that may be proposed
requiring a finding of consistency with the General Plan (such as uses requiring a
Conditional Use Permit) the maximum lot coverage would be 50% for industrial or
commercial uses, and 35% for office uses that require a CUP. The proposed lot
coverage for "right of zone" uses would be 60%.2
In addition to the M-2 zone lot coverage limits and the General Plan FAR limits, there is
a portion of the site that is also within the wind energy overlay (WEO). The proposed
change of zone and parcel map do not adversely impact land use policies related to the
Wind Energy Overlay.
Zo
The change of zone application proposes that all lots within the proposed subdivision be
zoned M-2 (Manufacturing). As shown in the Planning Commission staff report, all the
proposed lots are conforming to the development standards of the zone.
The M-2 zone allows a broader range of permitted uses than the E-I zone (see list of
permitted uses for M-1 and E-1 attached to the Planning Commission Staff Report). The
applicant desires more intensive development opportunities that are permitted in the M-
2 zone without the 15% limitation imposed by the E-I zone development regulations.
FINDINGS:
Change of Zone Findings_
The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows:
Floor Area Ratio (FAR) is the ratio of the total floor area of a building to the total area of the site and
describes the intensity of development of a site for non-residential uses.
2 A finding of consistency with the General Plan is not required for most right of zone uses.
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 5 of 8
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-I 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:
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-I 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 1-1 O.
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, staff has concluded that the property and the proposed parcels are
suitable for the uses permitted in the proposed zone.
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 6 of 8
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, Staff believes the change of zone is necessary and proper at this time and
poses no detrimental impact on adjacent properties.
Tentative Parcel Map Findino
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The proposed project is consistent with the General Plan designation of Regional
Business Center land use which allows a maximum density of 0.5 FAR (Floor area ratio)
Industrial and Commercial and 0.35 FAR for Office uses per lot. 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-I 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.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
b
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 7 of 8
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
Therefore staff has concluded that the proposed subdivision is consistent with the
development standards for the zone in which they are located.
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert vegetation. The Garnet
Creek Wash crosses the site and a Southern California Edison power transmission
right-of-way also crosses the site. Manufacturing and industrial uses are already
developed in the vicinity of the project site. Drainage issues, if any, are addressed in
the environmental analysis along with proposed mitigation measures. Roadways are
proposed that meet or exceed the minimum standards set forth by the City's Public
Works Department. The site is adjacent to a secondary thoroughfare (191" Avenue) and
a collector street (20t" Avenue) and near a major thoroughfare (Indian Canyon Drive)
such that public roads would be conducive for carrying traffic to future industrial uses on
the site. Therefore, staff believes the site is indeed suitable for this type of
development.
d. The site is physically suited for the proposed density of development.
The lots proposed to be created exceed the minimum lot size for the zone and are
adequate in physical condition to allow up to 0.5 FAR as the allowable maximum
density outlined in the General Plan and up to 60% lot coverage as imposed by the M-2
zone development standards. The Garnet Creek Wash Conservation Corridor crosses
the site, but development adjacent to it will be conditioned to address stormwater,
preservation of the wash as a fluvial sand transport corridor pursuant to the CVMSHCP
and other factors related to the wash. Therefore the project site is physically suited for
the proposed density of development.
e. The design of the subdivision is not likely to cause environmental damage
or substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis, it
has been determined that with the proposed mitigation measures, any potentially
significant impacts will be reduced to less than significant levels, thus the project will
not cause injury to fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
All typical or routine municipal services will be required for any future development that
is anticipated. Roadway access, widths, and other characteristics are consistent with
the City's development standards and regulatory guidelines for this type of subdivision.
There are no known issues related to the design of the proposed subdivision that would
cause any adverse public health problems.
7
City Council Staff Report May 4, 2011
5.1212 CZ—TPM 36073 Change of Zone and Tentative Parcel Map Page 8 of 8
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
the property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision
will not conflict with easements for access through or use of the property.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application
has been deemed "a project". An initial study was conducted and potentially significant
impacts caused by the proposed project were identified and a 20-day period for public
review was provided commencing February 8, 2011 and ending February 27, 2011. A
series of mitigation measures have been proposed that would reduce any potentially
significant impacts to levels less than significant. The owner has agreed in writing to all
the proposed mitigation measures. Thus a Notice of Intent to Adopt a Mitigated
Negative Declaration has been filed.
FISCAL IMPACT: None.
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.et°_.' wing, KP, Thomas J. Wi n,
Director of Plan i Services Assistant City Manager
David H. Ready!Si ger
Attachments:
1. 400' Vicinity Map
2. Draft Ordinance
3. Draft Resolution and Conditions of Approval
4. Minutes of Planning Commission Meeting of March 23, 2011
5. Planning Commission Staff Report
6. Tentative Parcel Map 36073
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CITY OF PALM SPRINGS
CASE NO.: 5.1212 CZ and DESCRIPTION: A request by Noble &
TPM 36073 Company, LLC for a Change of Zone from
Energy-Industrial (E-1) to Manufacturing (M-2)
APPLICANT: Noble & Company, for a roughl� 98 acre parcel at the southeast
LLC corner of 19" Avenue and Karen Avenue. The
application includes a Tentative Parcel Map
(TPM) proposing to subdivide the site into 3
parcels.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF AN
APPROXIMATELY 98 ACRE PARCEL (APN 666-330-001-
7) FROM E-I (ENERGY-INDUSTRIAL) TO M-2
(MANUFACTURING); THE PARCEL IS LOCATED SOUTH
OF 19T" AVENUE AND EAST OF KAREN AVENUE,
NORTH OF INTERSTATE 10, SECTION .
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
Ordinance No. May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 2 of 4
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:
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
s �
Ordinance No, May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 3 of 4
The proposed zone change from E-I 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-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.
t
Ordinance No. May 4, 2011
Case 5.1212 CZ TPM 36073 98 Acre Change of Zone Page 4 of 4
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 19th
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 4th day of May, 2011.
MAYOR
ATTEST:
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. 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 \
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE
5.1212 CZ / TPM 36073, A TENTATIVE PARCEL MAP TO
SUBDIVIDE A ROUGHLY 98 ACRE PARCEL INTO THREE
PARCELS AT THE SOUTHEAST CORNER OF 19T"
AVENUE AND KAREN AVENUE; ZONE E-1, SECTION
15/T3/R4; APN 666 330 001.
WHEREAS, the applicant has 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 a 98 acre
parcel (APN 666 330 001) into three lots; and
WHEREAS, a notice of public hearing for Case 5.1212 CZ TPM 36073 was given in
accordance with applicable law; and
WHEREAS, on March 23, 2011, a public meeting on Case 5.1212 CZ TPM 36073 was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting the Planning Commission carefully reviewed all material
and information related to Case 5.1212 CZ TPM 36073 and voted 6-0 to recommend
approval of the project to the City Council, subject to Conditions of Approval noted in
Exhibit A. 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, a notice of public hearing of the City Council of the City of Palm Springs
for Case 5.1212 CZ TPM 36073 was given in accordance with applicable law, and
WHEREAS, on May 4, 2011 a public hearing on Case 5.1212 CZ TPM 36073 was held
by the City Council in accordance with applicable law, and
WHEREAS, the City Council has 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
City Council Resolution No. May 4, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19'h Avenue& Karen Avenue Page 2 of 5
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the City Council adopts a Mitigated Negative Declaration including
mitigation measures that reduce any potentially significant impacts caused
by the project to less than significant.
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The proposed project is consistent with the General Plan designation of Regional
Business Center land use which allows a maximum density of 0.5 FAR (Floor area
ratio) Industrial and Commercial and 0.35 FAR for Office uses per lot. The proposed
change of zone and parcel map is 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-1 0
The proposed zone change from E-I 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.
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
Therefore the City Council has concluded that the proposed subdivision is consistent
with the development standards for the zone in which they are located.
t5
City Council Resolution No. May 4, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19th Avenue& Karen Avenue Page 3 of 5
c. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert vegetation. The Garnet
Creek Wash crosses the site and a Southern California Edison power transmission
right-of-way also crosses the site. Manufacturing and industrial uses are already
developed in the vicinity of the project site. Drainage issues, if any, are addressed in
the environmental analysis along with proposed mitigation measures. Roadways are
proposed that meet or exceed the minimum standards set forth by the City's Public
Works Department. The site is adjacent to a secondary thoroughfare (19t" Avenue)
and a collector street (20t" Avenue) and near a major thoroughfare (Indian Canyon
Drive) such that public roads would be conducive for carrying traffic to future industrial
uses on the site. The site is indeed suitable for this type of development.
d. The site is physically suited for the proposed density of
development.
The lots proposed to be created exceed the minimum lot size for the zone and are
adequate in physical condition to allow up to 0.5 FAR as the allowable maximum
density outlined in the General Plan and up to 60% lot coverage as imposed by the M-2
zone development standards. The Garnet Creek Wash Conservation Corridor crosses
the site, but development adjacent to it will be conditioned to address stormwater,
preservation of the wash as a fluvial sand transport corridor pursuant to the CVMSHCP
and other factors related to the wash. Therefore the project site is physically suited for
the proposed density of development.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis, it
has been determined that with the proposed mitigation measures, any potentially
significant impacts will be reduced to less than significant levels, thus the project will
not cause injury to fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
All typical or routine municipal services will be required for any future development that
is anticipated. Roadway access, widths, and other characteristics are consistent with
the City's development standards and regulatory guidelines for this type of subdivision.
There are no known issues related to the design of the proposed subdivision that would
cause any adverse public health problems.
g. The design of the subdivision or type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of the property within the proposed subdivision.
There is a utility easement that crosses the site, but no known public access across the
City Council Resolution No. May 4, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19th Avenue & Karen Avenue Page 4 of 5
subject property; therefore, the subdivision will not conflict with easements for access
through or use of the property.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case 5.1212 CZ TPM 36073 a Tentative Parcel Map
subdividing a roughly 98 acre parcel at the southeast corner of 19th Avenue and Karen
Avenue (APN 666 330 001) into three parcels, subject to the Conditions of Approval set
forth in Exhibit A.
ADOPTED this 41h day of May, 2011.
CITY OF PALM SPRINGS, CALIFORNIA
MAYOR
ATTEST:
City Clerk
City Council Resolution No. May 4, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19`h Avenue& Karen Avenue Page 5 of 5
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 Resolution No. is a full, true, and correct copy, and was 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 \
t
RESOLUTION NO.
EXHIBIT A
Case 5.1212 CZ TPM 36073
A Change of Zone from E-I to M-2 for a roughly 98 acre parcel
at the southeast corner of Karen Avenue and 19t" Avenue
and a Tentative Parcel Map subdividing the same parcel into three parcels.
May 4, 2011
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Proiect Description. This approval is for the project described per Case
5.1212 CZ TPM 36073; except as modified with the approved Mitigation
Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped September 11, 2008,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Parcel Map 36073 located at
the southeast corner of Karen Avenue and 19t" Avenue, date stamped
September 11, 2008. This approval is subject to all applicable regulations of
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Resolution No.
Conditions of Approval Page 2 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1212 CZ TPM 36073. The City of Palm Springs
will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the
right to settle or abandon the matter without the applicant's consent but
should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgment or
failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) shall be
valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
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Resolution No.
Conditions of Approval Page 3 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan CVMSHCP
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Garnet Wash Fluvial Sand Transport Conservation Corridor. The Garnet
Wash passes through this site. The wash is defined within the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP) as a critical
conservation corridor for the movement of water borne sand from the source
areas (mountains to the northwest) to the deposition area (Whitewater flood
plain). Specific restrictions on development within the Conservation Corridor
would apply to any future proposed development of that portion of the site.
Reference the CVMSHCP.org website for further requirements and
restrictions.
ENV 4. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the
approved project description.
ENV 5. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
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Resolution No.
Conditions of Approval Page 4 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4, 2011
ground surface.
ENV 6. Cultural Resource_Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 7. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 2. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, the applicant shall be responsible for costs associated with update of
the City's GIS based zoning maps.
PLN 3. add any additional conditions imposed by the Planning Commission or City
Resolution No.
Conditions of Approval Page 5 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
ENG 1. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 2. Construction of street improvements is not required at the time of approval of a
parcel map for TPM 36073. Obligation for construction of street improvements
shall be deferred until development of the parcels created by TPM 36073 is
proposed.
20TH AVENUE
ENG 3. Dedicate additional right-of-way as needed for the ultimate street right-of-way
width of 66 feet across entire frontage of the property, together with a property
line - corner cut back at the northeast corner of the intersection of 20th Avenue
and Karen Avenue, in accordance with City of Palm Springs Standard Drawing
No. 105.
ENG 4. Construct an 8 inch curb and gutter 25 feet on both sides of the centerline along
the entire frontage of the property with a 35 feet radius curb return and spandrel
at the northeast corner of the intersection of 20th Avenue and Karen Avenue in
accordance with City of Palm Springs Standard Drawing No. 200 and 206..
ENG 5. Construct an 8 feet wide cross gutter and spandrel across the east side of the
ti
Resolution No.
Conditions of Approval Page 6 of 9
Case 5,1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4, 2011
intersection of 20th Avenue and Karen Avenue with a flow line parallel with and
located 20 feet east of the centerline of Karen Avenue in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
ENG 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of the
property (north side only), in accordance with City of Palm Springs Standard
Drawing No. 210.
ENG 7. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northeast corner of the intersection of 20th Avenue and Karen
Avenue in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 8. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to edge of proposed gutter (full width) along the entire frontage,
in accordance with City of Palm Springs Standard Drawing No. 110 and 310_ If
an alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
19TH AVENUE
ENG 9. Dedicate the ultimate half street public right-of-way width of 44 feet along the
entire frontage of the property, together with a property line - corner cut back at
the southeast corner of the intersection of 19th Avenue and Karen Avenue in
accordance with City of Palm Springs Standard Drawing No. 105.
ENG 10. Construct an 8 inch curb and gutter 32 feet south of centerline along the entire
frontage with a 35 feet radius curb return and spandrel at the southeast corner of
the intersection of 19th Avenue and Karen Avenue in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
ENG 11. Construct drainage improvements as necessary to convey the 100-year
stormwater runoff from Garnet Wash under the intersection of 19th Avenue and
Karen Avenue, as required by Riverside County Flood Control District ("RCFC")
and the City Engineer. Submit a hydraulic study for review and approval by
RCFC and the City Engineer for a determination of required drainage
improvements.
ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of the
property, in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 13. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of 19th Avenue and Karen
Avenue in accordance with City of Palm Springs Standard Drawing No. 212.
n
Resolution No.
Conditions of Approval Page 7 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
ENG 14. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire frontage of the property, in
accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
KAREN AVENUE
ENG 15, Dedicate the ultimate half street right-of-way width of 30 feet along the entire
frontage of the property, together with a property line - corner cut back at the
northeast corner of the intersection of Karen Avenue and 20th Avenue and at the
southeast corner of the intersection of Karen Avenue and 19th Avenue, in
accordance with City of Palm Springs Standard Drawing No, 105.
ENG 16. Construct a 6 inch curb and gutter 20 feet east of centerline along the entire
frontage of the property with a 35 feet radius curb return and spandrel at the
northeast corner of the intersection of Karen Avenue and 20th Avenue and at the
southeast corner of the intersection of Karen Avenue and 19th Avenue, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 17. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of the
property (identified by Assessor's Parcel No. 666-330-001) in accordance with
City of Palm Springs Standard Drawing No, 210.
ENG 18. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to 12 feet west of centerline along the entire frontage of the
property, in accordance with City of Palm Springs Standard Drawing No. 110 and
315. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using
"R" values from the project site and submitted to the City Engineer for approval_
SANITARY SEWER
ENG 19. This project is subject to the requirements of the Mission Springs Water District
(MSWD). Upon the development of any of the three parcels, provisions for public
sanitary sewer service must be arranged for directly with MSWD. The applicant
should contact MSWD and determine what requirements MSWD may have for
provisions of sanitary sewer service to the property.
DRAINAGE
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Resolution No.
Conditions of Approval Page 8 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
ENG 20. A hydraulic study shall be submitted to the City of Palm Springs for review and
approval prior to issuance of a grading permit for Parcel 2. The Hydraulic Study
shall include a HEC-RAS Analysis, a scour analysis determining maximum depth
of scour along the Garnet Wash within the project site limits, establish the base
flood elevations and the limits of the 100-year floodway and floodplain along the
Garnet Wash.
GENERAL
ENG 21. The applicant shall contact Mission Springs Water District at (760) 329-6448 to
determine the requirements for extending water service to the project. The
applicant may be responsible for the design and construction of off-site water line
improvements or payment of applicable fair-share costs of off-site water line
improvements constructed by others.
MAP
ENG 22. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcels and all lots created
therefrom, and copies of record documents shall be submitted with the Parcel
Map to the Engineering Division as part of the review of the Map.
ENG 23. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
development requirements for Parcels 1, 2, and 3 of Tentative Parcel Map No.
36073, but shall be completed prior to issuance of a building permit on the
parcels.
TRAFFIC
ENG 24. Submit traffic striping and signage plans for 20th Avenue, 19th Avenue, and
Karen Avenue, prepared by a California registered civil engineer, for review and
approval by the City Engineer.
FIRE DEPARTMENT CONDITIONS
These conditions are subject to final plan check and review. Initial fire department
conditions have been determined on the preliminary site plan dated August 6, 2008.
FIR1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points & fire
hydrants.
Resolution No.
Conditions of Approval Page 9 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map May 4,2011
FIR2. Road Design: Fire apparatus access roads shall be designed and constructed
as all weather capable and able to support a fire truck weighing 73,000 pounds
GVW. (503.2.3 CFC) The minimum inside turning radius is 25 feet, with an
outside radius of 43 feet.
FIRS. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
FIR4. Minimum Access Road Dimensions: Fire apparatus access roads shall have
an unobstructed width of not less than 20 feet, a greater width for private streets
may be required by the City engineer to address traffic engineering, parking, and
other issues. The Palm Springs Fire Department requirements for two-way
private streets, is a minimum width of 24 feet is required for this project, unless
otherwise allowed by the City engineer. No parking shall be allowed in either side
of the roadway. Roads must be 30 feet wide when parking is not allowed on only
one side of the roadway. Roads must be 40 feet wide when parking is not
restricted.
FIRS. Turn -Around Requirements: Dead-end fire apparatus access roads in excess
of 150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus. (503.2.4 CFC) The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 43 feet from centerline. The other is a hammerhead turnaround
meeting the Palm Springs Public Works and Engineering Department standard
dated 9-4-02.
FIRE. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (508 CFC).
Installation, testing, and inspection will meet the requirements of NFPA 24 1995
edition. Prior to final approval of the installation, contractor shall submit a
completed Contractor's Material and Test Certificate to the Fire Department. (9-
2.1 NFPA 24 1995 edition)
FIR7. Fire hydrant systems: Following Fire Department selection of hydrant
locations, plans and specifications for fire hydrant systems shall be submitted to
the fire department for review and approval prior to construction. (508.5 CFC).
All fire hydrants shall be installed in accordance with Mission Springs Water
District specifications and standards. No landscape planting, walls, fences,
signposts, or aboveground utility facilities are permitted within 3 feet of fire
hydrants, or in line with hose connections.
END OF CONDITIONS
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Planning Commission Minutes
March 23, 2011
ACTION: To approve, subject to Conditions of Approval. Motion Doug Donenfeld,
seconded by Leslie Munger and unanimously carried on a roll call vote,
Commissioner Conrad returned to the Council Chamber at 2:18 p.m.
3. PUBLIC HEARINGS:
3A. Case 6.1212 CZ TPM 36073; An application JW,,,,41obIe & Company for a
Change of Zone from Energy Industrial (E-ljn " Itfacturing (M-2) and a
Tentative Parcel Map (TPM 36073) to suhdi*e a6' roximately 98 acre
parcel into 3 parcels.
Ken Lyon, Associate Planner, provided background information as oud in the staff
report dated March 23, 2011.
Chair Caffery opened the public hearing:
-Fritz Noble, spoke on behalf of the t, provided dkws on the project's vision for
the frontage of subject property. iW "ale requested`'r ,.rpvision to engineering
condition #12 be changed from 8 feet to;5 feet i M�the same- `the other sidewalks.
There being no further appliances the pU4,11d hearing �t`closed.
ACTION: To adopt' Mitigates-;Negative Declaration (MND) and recommend approval
of the project to the Co ,Council. subject to 't1w,,attached Conditions of Approval, as
amended: "
-Revise Engineering d nditlo6*12 to reflect construction of sidewalk to be 5 feet wide.
Motior17racy Conrad,Aec0n'44,,by Doug Hudson and unanimously carried on a
roll cal[vote.
3B. Case 51022 ZTA abd 5.1225 ZTA - Zoning Ordinance Amendments of
Section 93�13.00.A-,'of the Palm Springs Zoning Code relating to the
definition of " e area" and Section 91.00.10 relating to the definition of
"building heir'. (Project Planner: Craig A. Ewing, AICP, Director of
Planning Services)
Director Ewing provided background information as outlined in the staff report as dated
March 23, 2011.
Chair Caffery opened the public hearing and with no appearances coming forward the
public hearing was closed.
4 M, 3
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�`'�°VtT� Planning Commission Staff IRepart
Date: March 23, 2011
Case: 5.1212 CZ and TPM 36073
Application Type: Change of Zone (CZ) and Tentative Parcel Map (TPM)
Location: East of Karen Avenue, between 19th and 20th Avenue, west of
Indian Canyon Drive, north of the 1-10 freeway
Applicant: Noble & Company, LLC
Zone: E-1 (Energy Industrial)
General Plan: Regional Business Center
APN: 666-330-001-7
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Ken Lyon, Associate Planner
PROJECT DESCRIPTION:
An application by Noble & Company, LLC, to change the zone designation of a roughly 98-
acre parcel from E-I (Energy-Industrial) to M-2 (Manufacturing). It is also a Tentative Parcel
Map application (TPM 36073), to subdivide the parcel into three lots.
RECOMMENDATION:
That the Planning Commission recommends that the City Council:
• Adopt the Mitigated Negative Declaration pursuant to the guidelines of the California
Environmental Quality Act (CEQA),
Approve the Change of Zone request for parcel 666-330-001-7 from.E-I to M-2.
• Approve Tentative Parcel Map 36073, an application to subdivide roughly 98 acres
into three parcels, subject to the attached conditions of approval.
PRIOR ACTIONS TAKEN ON THE PROJECT: None
BACKGROUND AND SETTING:
The subject site is located on the north side of the City, north of Interstate 10. It is roughly
sited west of Indian Canyon Drive on the south side of 19th Avenue (which is a secondary
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 Page 2 of 9
thoroughfare in the General Plan), east of Karen Road and north of 20t" Avenue (which is a
collector street and frontage road for Interstate 10). It is southwest of the "pecker plant", a
gas powered electrical generating plant.
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AERIAL PHOTO SHOWING THE SUBJECT PARCEL.
The parcel is currently vacant with sparse natural desert scrub vegetation. The Garnet Creek
Wash lies in roughly a northwest-southeast orientation on the western third of the site and is
identified in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) as
a critical fluvial sand transport conservation corridor. Further discussion on the Garnet Creek
Wash is included in the environmental analysis. A utility corridor runs in a northwest-
southeast orientation across roughly the middle of the site. The parcels slope gently upward
from south to north. The applicant is proposing to subdivide the site into three parcels: A
45.35-acre and a 2.26 parcel east of the power line easement, and a 51.23 acre parcel west
of the utility easement.
The current land uses, General Plan and Zoning designations for the surrounding properties
are shown in Table 1 below.
Table 1: S.urrounding land uses, General Plan and Zoning designations
Land Use General Plan Zoning
North Vacant Industrial E-I
East Industrial Regional Business Center M-2
South Industrial/Vacant Regional Business Center M-2
West Vacant Industrial _ E-I
ANALYSIS:
General Plan
The subject property is designated Regional Business Center (RBC) (0.5 FAR-Industrial, 0.35
30
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 Page 3 of 9
FAR-Office, 0.5 FAR-Commercial) in the General Plan. This designation is intended to
promote a wide variety of business activities in a multi-use environment that benefit from the it
close proximity to the freeway. Uses in this area are intended to provide large-scale
development opportunities that serve an area larger than the City proper. The parcels just
east of the subject parcel are also zoned M-2 and are also within the RBC land use area.
The northern portion of the 98-acre parcel (approximately 30 acres) is also within the Wind
Energy Overlay (WEO) (shown as the dotted area in the map below). This overlay is
intended to identify areas where WECS (Wind Energy Conversion Systems) or wind turbines
are allowed. Further discussion of the Wind Energy Overlay is provided below.
VV
�r
. lui
SITE
PORTION OF THE GENERAL PLAN LAND USE MAP
The proposed change of zone and parcel map were evaluated for consistency against 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 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-1 to M-2 presents an appropriate opportunity for the
City to consider the potential to increase the development concentration and allowable
density for this freeway-fronting parcel that is also in close proximity to the Indian Canyon
Drive / 1-10 interchange.
31
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 Page 4 of 9
Change of Zone — Density Discussion.
The project proposes to change the zone designation from Energy - Industrial to M-2
(Manufacturing). One key difference between the two zone designations is lot coverage.
The maximum lot coverage for non-wind energy uses in the E-I zone is limited to 15% of the
lot area. In the M-2 zone however, the maximum lot coverage is 60% for any use. The
potential impacts of this four-fold increase in lot coverage that would be possible with the
proposed zone change are evaluated in the environmental analysis.
There is also a density limitation imposed by the General Plan. The General Plan RBC land
use designation denotes a maximum "Floor Area Ratio" or "FAR" as 0.5 for Industrial and
Commercial uses and 0.35 for Office uses'. This FAR applies to any zone within the RBC
land use designation. Thus for projects that may be proposed requiring a finding of
consistency with the General Plan (such as uses requiring a Conditional Use Permit) the
maximum lot coverage would be 50% for industrial or commercial uses, and 35% for office
uses that require a CUP. The proposed lot coverage for"right of zone" uses would be 60%.2
In addition to the M-2 zone lot coverage limits and the General Plan FAR limits, there is a
portion of the site that is also within the wind energy overlay (WEO). The General Plan
states,
"Industrial and Clean Energy uses in these areas may occupy up to 15% of the
total acreage within the Industrial and Regional Business Center uses."
Roughly thirty (30) acres of the subject parcel lie within the WEO. The General Plan
addresses the 15% coverage limit restriction of the WEO differently than the 15% lot
coverage limit of the E-I zone. The Zoning Code lot coverage limit is parcel-specific. The
General Plan WEO development limit is based on 15% of the total land area covered by the
WEO overlay. This limit is not parcel specific; it is a percentage of all developed land within
the Wind Energy Overlay3. The concept allows density for development in the WEO areas —
up to the maximum allowable density of the Zoning Code and General Plan - on a "first in"
basis, until the maximum of 15% (256 developed acres) is reached'. Development that is
proposed after that limit is reached (some time in the future), will likely require further study
and adjustment (including possible additional mitigation measures) to the General Plan
Environmental Impact Report. The potential impact of the 15% development limit imposed by
the WEO will be evaluated at the time future development applications are received for the
proposed parcels with the overlay. In summary, the proposed change of zone and parcel
map do not adversely impact land use policies related to the Wind Energy Overlay.
Zoning
The change of zone application proposes that all lots within the proposed subdivision be
1 Floor Area Ratio (PAR) is the ratio of the total floor area of a building to the total area of the site and describes
the intensity of development of a site for non-residential uses.
a A finding of consistency with the General Plan is not required for most right of zone uses.
3 There are roughly 1,706 acres in the Industrial and-Regional Business Center land use areas that are also
covered by the Wind Energy Overlay. Fifteen percent of the 1,706 acres may be developed with buildings or
structures, (or roughly 256 acres). As of January 2009, roughly 19 acres were developed with buildings or
structures (or roughly 1
32
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 . Page 5 of 9
zoned M-2 (Manufacturing). The proposed subdivision and M-2 Zone development
standards are analyzed below in Table 2.
Table 2: M-2 Zone Requirements and the Proposed Subdivision
M-2 Minimum Proposed Subdivision
Re uirements
Lot Depth FLot Lot Area Lot Depth Lot Width
Width (20,000sf min,40,000 sf min
on secondary thoroughfare
Lot 1 200 feet (fronting 200 45.35 acres (conforms) 1,738 feet 1,458 feet
a secondary) feet _ varies
Lot 2 200 200 51.23 acres (conforms) 1,322 feet 802 feet
varies varies
Lot 3 200 200 2.26 acres (this lot is a 516 feet 390 feet
triangular parcel and
conforms
All lots within the proposed subdivision conform to the minimum area and dimensional
standards for the M-2 zone.
The Zoning Ordinance provides the following description for the M-2 zone and the E-1 zone:
92.17.1,00 V-2" manufacturing zone. The "M-2" manufacturing zone is intended to
provide for the development of industrial uses which include fabrication,
manufacturing, assembly or processing which do not in their maintenance,
assembly, manufacture or plant operation create by-products to any degree which
will adversely affect the resort-open space environment of the city.
92.17.2.00 "E-l"energy industrial zone. The "E-l"energy industrial zone is intended
to provide areas for alternative energy development and limited industrial uses in
those areas which by virtue of strong prevailing winds are ideally suited for large-
scale development of wind energy. Alternative energy development is intended as
the principal land use, with the permitted industrial uses serviced directly, and
primarily, by alternative energy for electrical needs. The retention of open space is
encouraged. No industrial use shall be permitted which, by the nature of its
development or operation, will in any way adversely affect the resort environment of
the city.
The M-2 zone allows a broader range of permitted uses than the E-1 zone (see list of
permitted uses for M-1 and E-I attached). Alternative energy industries such as solar
collectors, Wind Energy Conversion Systems (WECS), cogeneration plants, and natural gas
powered electrical generation plants are permitted with a CUP in both zones. Within the E-I
zone, however, the strict requirements of open space and a 15% limitation on non-WECS
industrial uses presumes that the primary land use would be for wind turbines. The applicant
desires more intensive development opportunities that are permitted in the M-2 zone without
the 15% limitation imposed by the E-1 zone development regulations.
A separate conditional use permit and variance application has been recently received by the
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 Page 6 of 9
City for a solar collector array proposed on roughly 24 acres at the northwest corner of
proposed Parcel 2. That application is not related to this one, and is being processed
separately. The Change of Zone is not anticipated to adversely impact that proposed project
application. Approval of the change of zone however, may eliminate the necessity for the
variance on that project4.
FINDINGS:
Change of Zone Findings.
The findings for a Change of Zone are found in PSZO Section 94.07.00 (A) as follows:
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-I 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
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
a The setback for energy uses in E-1 is 50 feet, in the M-2 zone it is 25 feet; thus the other project, involving a
solar panel array with 20 foot requested setbacks could potentially achieve their setback request with only an
Administrative Minor Modification (AMM) rather than a Variance.
Planning Commission Staff Report March 23, 2008
Case 5.1212 CZ, TPM 36073 Page 7 of 9
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, staff 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, Staff believes the
change of zone is necessary and proper at this time and poses no detrimental impact on
adjacent properties.
Tentative Parcel Map Findings
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable general and
specific plans.
The proposed project is consistent with the General Plan designation of Regional Business
Center land use which allows a maximum density of 0.5 FAR (Floor area ratio) Industrial and
Commercial and 0.35 FAR for Office uses per lot. 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 140
The proposed zone change from E-I 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,.
Planning Commission Staff Report March 23, 200&
Case 5.1212 CZ, TPM 36073 Page 8 of 9
City to consider the potential to increase the concentration and allowable density for this
freeway-fronting parcel.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed lots meet or exceed the development standards for the zone in terms of
minimum area, dimensional requirements, and access to a designated public roadway.
Therefore staff has concluded that the proposed subdivision is consistent with the
development standards for the zone in which they are located.
C. The site is physically suited for this type of development.
The project site is generally flat, gently sloping native desert vegetation. The Garnet Creek
Wash crosses the site and a Southern California Edison power transmission right-of-way also
crosses the site. Manufacturing and industrial uses are already developed in the vicinity of
the project site. Drainage issues, if any, are addressed in the environmental analysis along
with proposed mitigation measures. Roadways are proposed that meet or exceed the
minimum standards set forth by the City's Public Works Department. The site is adjacent to a
secondary thoroughfare (19th Avenue) and a collector street (2& Avenue) and near a major
thoroughfare (Indian Canyon Drive) such that public roads would be conducive for carrying
traffic to future industrial uses on the site. Therefore, staff believes the site is indeed suitable
for this type of development.
d. The site is physically suited for the proposed density of development.
The lots proposed to be created exceed the minimum lot size for the zone and are adequate
in physical condition to allow up to 0.5 FAR as the allowable maximum density outlined in the
General Plan and up to 60% lot coverage as imposed by the M-2 zone development
standards. The Garnet Creek Wash Conservation Corridor crosses the site, but development
adjacent to it will be conditioned to address stormwater, preservation of the wash as a fluvial
sand transport corridor pursuant to the CVMSHCP and other factors related to the wash.
Therefore the project site is physically suited for the proposed density of development.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
An environmental study has been performed on the project and through that analysis, it has
been determined that with the proposed mitigation measures, any potentially significant
impacts will be reduced to less than significant levels, thus the project will not cause injury to
fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
All typical or routine municipal services will be required for any future development that is
anticipated. Roadway access, widths, and other characteristics are consistent with the City's
development standards and regulatory guidelines for this type of subdivision. There are no
u
Planning Commission Staff Report March 23, 200&
Case 5.1212 CZ, TPM 36073 Page 9 of 93
known issues related to the design of the proposed subdivision that would cause any adverse
public health problems.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of tfre
property within the proposed subdivision.
There is no known public access across the subject property; therefore, the subdivision will
not conflict with easements for access through or use of the property.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application has
been deemed "a project". An initial study was conducted and potentially significant impacts
caused by the proposed project were identified and a 20-day period for public review was
provided. A series of mitigation measures have been proposed that would reduce any
potentially significant impacts to levels less than significant. The owner has agreed in writing
to all the proposed mitigation measures. Thus a Notice of Intent to Adopt a Mitigated
Negative Declaration has been filed.
NOTIFICATION:
A public hearing notice was advertised and was mailed to all property owners within 400 feet
of the s ecAAt''prrfoperty. As of the writing of this repo has not received any comment.
Ken Lyn ig . wi g, AI
Associ e Planner Dire o Ian ng ervices
ATTACHMENTS
• Vicinity Map
• Draft Resolution with Conditions of Approval
• Reduced copy of Tentative Parcel Map
• Zoning Code Sections 92.17.1.01 (M-2 Permitted Uses), 92.17.2.01 (E-1 Permitted
Uses)
37
r r �
RESOLUTION NO. 6189
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1212 CZ / TPM 36073, A
REQUEST FOR A CHANGE OF ZONE FROM ENERGY-
INDUSTRIAL (E-1) TO MANUFACTURING (M-2) AND A
TENTATIVE PARCEL MAP TO SUBDIVIDE A ROUGHLY
98 ACRE PARCEL INTO THREE PARCELS AT THE
SOUTHEAST CORNER OF 19TH AVENUE AND KAREN
AVENUE; ZONE E-I, SECTION 15/T3/R4; APN 666 330
001.
WHEREAS, Noble & Company, LLC, "applicant", has filed an application with the City
pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval
for a zone change from Energy Industrial (E-1) to Manufacturing (M-2) for a roughly 98
acre parcel at the southeast corner of 19th Avenue and Karen Avenue; 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 98
acre parcel into three lots; and
WHEREAS, a notice of public hearing for Case 5.1212 CZ TPM 36073 was given in
accordance with applicable law; and
WHEREAS, on March 23, 2011, a public meeting on Case 5.1212 CZ TPM 36073 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, the Planning Commission has 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.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the Planning Commission recommends that the City Council adopts a
Mitigated Negative Declaration including mitigation measures that reduce 38
any potentially significant impacts caused by the project to less than
i
Planning Commission Resolution No. 6189 March 23, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19tt'Avenue & Karen Avenue Page 3 of 5
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, Staff believes the change of zone is necessary and proper at this time
and poses no detrimental impact on adjacent properties.
Section 3: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
The following findings are required pursuant to Section 66474 of the State of California
Subdivision Map Act.
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The proposed project is consistent with the General Plan designation of Regional
Business Center land use which allows a maximum density of 0.5 FAR (Floor area
ratio) Industrial and Commercial and 0.35 FAR for Office uses per lot. The proposed
change of zone and parcel map is 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-I 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 3 9
this freeway-fronting parcel.
1
Planning Commission Resolution No. 6189 March 23, 2011
Case 5.1212 CZ TPM 36073 at the SEC 19th Avenue & Karen Avenue Page 5 of 5-
All typical or routine municipal services will be required for any future development that
is anticipated. Roadway access, widths, and other characteristics are consistent with
the City's development standards and regulatory guidelines for this type of subdivision.
There are no known issues related to the design of the proposed subdivision that would
cause any adverse public health problems.
g. The design of the subdivision or type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of the property within the proposed subdivision.
There is a utility easement that crosses the site, but no known public access across the
subject property; therefore, the subdivision will not conflict with easements for access
through or use of the property.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approves Case 5.1212 CZ TPM
36073 a change of zone from Energy Industrial (E-1) to Manufacturing (M-2) and a
Tentative Parcel Map subdividing into three parcels a roughly 98 acre parcel at the
southeast corner of 19th Avenue and Karen Avenue, subject to the attached conditions
set forth in Exhibit A.
ADOPTED this 23rd day of March 2011.
AYES: 6, Conrad, Hudson, Klatchko, Munger, Donenfeld and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
A. wing, AIC
D or of Plan g Services
40
Resolution No. 6189
Conditions of Approval Page 2 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map March 23,2011
the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1212 CZ TPM 36073. The City of Palm Springs
will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the
right to settle or abandon the matter without the applicant's consent but
should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgment or
failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) shall be
valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon
demonstration of goad cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval
ADM 9. Right_to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2,05.00. Permits will not be issued until the appeal period has
concluded.
Resolution No. 6189
Conditions of Approval Page 4 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map March 23, 2011
ground surface.
ENV 6. Cultural Resource Site Monitorin . There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 7. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 2. Update of Cit 's Zoning Map. Upon approval of the proposed Change of
Zone, the applicant shall be responsible for costs associated with update of
the City's GIS based zoning maps.
PLN 3. add any additional conditions imposed by the Planning Commission or Cit 42
t
Resolution No. 6189
Conditions of Approval Page 6 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map March 23, 2011
intersection of 20th Avenue and Karen Avenue with a flow line parallel with and
located 20 feet east of the centerline of Karen Avenue in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
ENG 6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of the
property (north side only), in accordance with City of Palm Springs Standard
Drawing No. 210,
ENG 7. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northeast corner of the intersection of 20th Avenue and Karen
Avenue in accordance with City of Palm Springs Standard Drawing No. 212.
ENG 8. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to edge of proposed gutter (full width) along the entire frontage,
in accordance with City of Palm Springs Standard Drawing No. 110 and 310. If
an alternative pavement section is proposed, the proposed pavement section
shall be designed by a California registered Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for approval.
19TH AVENUE
ENG 9. Dedicate the ultimate half street public right-of-way width of 44 feet along the
entire frontage of the property, together with a property line - corner cut back at
the southeast corner of the intersection of 19th Avenue and Karen Avenue in
accordance with City of Palm Springs Standard Drawing No. 105.
ENG 10. Construct an 8 inch curb and gutter 32 feet south of centerline along the entire
frontage with a 35 feet radius curb return and spandrel at the southeast corner of
the intersection of 19th Avenue and Karen Avenue in accordance with City of
Palm Springs Standard Drawing No. 200 and 206.
ENG 11. Construct drainage improvements as necessary to convey the 100-year
stormwater runoff from Garnet Wash under the intersection of 19th Avenue and
Karen Avenue, as required by Riverside County Flood Control District ("RCFC)
and the City Engineer. Submit a hydraulic study for review and approval by
RCFC and the City Engineer for a determination of required drainage
improvements.
ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of the
property, in accordance with City of Palm Springs Standard Drawing No. 210.
ENG 13. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of 19th Avenue and Karen 4 3
Avenue in accordance with City of Palm Springs Standard Drawing No. 212.
Resolution No.6189
Conditions of Approval Page 8 of 9
Case 5.1212 CZ TPM 36073 Change of Zone and Tentative Parcel Map March 23,2011
ENG 20. A hydraulic study shall be submitted to the City of Palm Springs for review and
approval prior to issuance of a grading permit for Parcel 2. The Hydraulic Study
shall include a HEC-RAS Analysis, a scour analysis determining maximum depth
of scour along the Garnet Wash within the project site limits, establish the base
flood elevations and the limits of the 100-year floodway and floodplain along the
Garnet Wash.
GENERAL
ENG 21. The applicant shall contact Mission Springs Water District at (760) 329-6448 to
determine the requirements for extending water service to the project. The
applicant may be responsible for the design and construction of off-site water I ine
improvements or payment of applicable fair-share costs of off-site water I ine
improvements constructed by others.
MAP
ENG 22. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcels and all lots created
therefrom, and copies of record documents shall be submitted with the Parcel
Map to the Engineering Division as part of the review of the Map.
ENG 23. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
development requirements for Parcels 1, 2, and 3 of Tentative Parcel Map No.
36073, but shall be completed prior to issuance of a building permit on the
parcels.
TRAFFIC
ENG 24. Submit traffic striping and signage plans for 20th Avenue, 19th Avenue, and
Karen Avenue, prepared by a California registered civil engineer, for review and
approval by the City Engineer.
FIRE DEPARTMENT CONDITIONS
These conditions are subject to final plan check and review. Initial fire department
conditions have been determined on the preliminary site plan dated August 6, 2008.
FIR1. Plot Plan: Prior to completion of the project, a 8.5"x11° plot plan shall be
provided to the fire department. This shall clearly show all access points & fire
hydrants. 44
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Palm Springs Municipal Code
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ZONING CODE.
Chap ter 92. p ZONING_REGULKI-IONS
92.17.2.01 Uses permitted. Fw am
A. Uses Permitted.
Building„ structures and land shall be used and buildings and structures shall hereafter be erected,
altered or enlarged only for the following uses. All uses shall be subject to the standards in Section
92.1 7.2.03.
1. Accessory uses to permitted uses; provided, such uses are established on the same parcel as,and
do not substantially alter the character of, the principal use:
a. Storage of trucks and other vehicles,
b. Storage of materials and machinery,
C. Offices and maintenance shop structures,
d. Caretaker's residence two thousand (2,000) square feet maximum,
e. Meteorological towers under two hundred (200)feet in height;
2. Fabrication.
a. Manufactured housing and mobilehomes,
b. Cans and containers,
C. Cutlery,tableware, hand tools and hardware,
d. Wrought iron,
e. Fencing,
f. Metal buildings,
g. Ordinance and firearms, not including explosives,
h. Vehicles, aircraft, boats, parts and repairs,
i. Railroad equipment,
j. Motorcycles, bicycles and parts,
k. Travel trailers and recreational vehicles;
3. Manufacturing.
a. Agricultural chemicals, not including pesticides and fertilizers,
b. Bakeries,
C. Bottling plants,
d. Ceramic products using only previously pulverized clay and tired in kilns using only electricity
or gas,
e. Electronics (electrical and related parts, electrical appliances, electrical devices, motors, and
radio, television and phonograph),
f. Furniture upholstering,
g. Garment manufacturing,
h. Glass blowing, pressing and cutting, 46
2 17.2.01 Uses permitted. litip://www.gcode.us/codes/pahnsprings/view.plip?topic=w-oning_co...
i. Instruments (electronic, medical and dental tools, precision, and timing and measuring),
J. Knitting, floor covering, and yarn and thread mills,
k. 1 iboratories (dental, electrical, optical, mechanical and medical),
I. Lumber yard (including incidental millwork but not including planing mill),
lrt. Machinery and Shop.
i. Blacksmith and forging shop,
ii. Cabinet or carpenter shop,
iii. Electric motor rebuilding,
iv. Engines,turbines and parts, M
V. Fanr►, garden construction and industrial machinery,
vi. Lighting and wiring,
vii. Machine shop,
viii. Sheet metal shop,
ix. Welding shop,
X. Painting and powder coating,
n. Manufacturing(compounding, processing, packaging or treatment of such products as):
i. Bakery goods,
ii. Candy,
iii. Concrete, gypsum, plaster and mineral products,
iv. Cosmetics,
V. Drugs,
vi. Food products,
vii. Fruit and vegetables (packing only),
viii. Glassware,
ix. Honey extraction plant,
X. Leather,
xi. Nonalcoholic beverages,
o. Manufacture and maintenance of electrical and neon signs,
p, Manufacturing, compounding, assembly or treatment of articles or merchandise from the
following previously-prepared materials:
i. Canvas,
ii. Cellophane,
iii. Cloth,
iv. Cork,
v. Felt,
vi. Fiber,
vii. Fur,
viii. Glass,Ix. Leather, (A
4 7
2.172.01 Uses permitted. http://www.gcode.us/codes/palmsprings/view.plip?topic=zoning co...
X. Metals,
xi. Paper(no milling),
xii. Plaster,
xiii. Plastic,
xiv. Precious or semiprecious stones or metals,
xv. Rubber,
xvi. Shells,
xvii. Textiles,
xviii. Tobacco,
xix. Wood,
xx. Yarns,
q. Novelties and holiday paraphernalia,
r. Office and related machinery (audio and visual machinery, computers),
S. Paper and paperboard mills,
t. Pharmaceutics (cosmetics, drugs, perfumes, soap and toiletries),
u. Rubber and metal stamps,
V. Shoes,
W. Stone cutting and related activities,
X. Textiles;
4. Processing.
a. Carpet and rug cleaning,
b. Cleaning and dyeing,
C. Laundry;
5. Services.
a. Governmental facilities,
b. Newspaper publishing,
C. Ice and cold storage plant,
d. Offices (business, professional and research),
e. Printing, lithographing, publishing,
f. Public utility service yards,
g. Radio and television broadcasting;
b. Wholesaling and warehousing.
B. Similar Uses Permitted by Commission Determination.
The commission may, by resolution, permit any other uses which it may determine to be similar to those
listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to
the public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00.
All uses shall be subject to the property development standards in Section 92.17.2.03 and the performance
standards in Section 92.17.2.04.
C. Uses Permitted by Land Use Permit.
48
?,17.2.01 Uses permitted. http://www.gcode.us/codes/palmsprings/view.plip?topic=lonin, co...
I. Modifications to existing WECS, subject to the requirements and standards contained in Section
94.02.00(l 1)(8);
2. Meteorological towers in excess of two hundred (200) feet in height;
3. Operations and facilities providing tours of alternative energy facilities;
4. Recycling collection center;
5. Vehicle impound yards.
D. Uses Pennitted by Conditional Use Permit.
The following uses may be permitted subject to approval of a conditional use permit, as provided in
Section 94.02.00:
1. Acid and abrasives manufacturing;
2. Animal hospitals, shelters or kennels;
3. Brewery, distillery or winery;
4. Chemical plating shop;
5. Concrete batch plants and asphalt plants;
6. Disposal service operations;
7. Energy Use.
a. Solar collectors,
b. Wind energy conversion systems (WECS), subject to the requirements and standards contained in
Section 94.02.00(H)(8),
C. Co-generation facilities;
8. Fertilizer production;
9. Meat packing plants, not including slaughtering or rendering of animals;
10. Natural gas storage, above ground;
11. Paints and varnishes manufactured and incidental storage;
12. Paper storage and recycling, outdoor;
13. Petroleum and bulk fuel storage, above ground;
14. Planing mill;
15. Poultry and egg processing;
16. Recycling/salvage center.
(Ord. 1553 (part), 1998;Ord. 1447 (part), 1993)
49
'.17.2.03 Property development standards. littp://www.gcode.us/codes/palmspi,in J gs/vicw.plilD?topic 011ing co...
Palm Springs Municipal Code
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ZONING CODE
Chapter 92.00 ZONING REGULATIONS
92.17.2.03 Property development standards. r "
The following property development standards shall apply to all land and buildings in the "E-I" zone,
except that any lot created in compliance with applicable laws and ordinances in effect at the time of its
creation may be used as a building site.
These standards may be altered where a specific development plan is approved under a planned
development or a conditional use permit or otherwise approved master plan of development where the
development meets the intent of this Zoning Code.
A, Lot Area.
Each lot shall have a minimum area of five (5)acres.
B. Lot Dimensions.
1. Each lot shall have a minimum width of two hundred fifty (250) feet.
2. Each lot shall have a minimum depth of two hundred fifty (250) feet.
C. Height Limits,
I. Buildings and structures shall have a height not greater than thirty (30)feet.
a. Exceptions.
Projections above the height limit shall be permitted according-to the provisions of Section 93.03.00.
2. WECS shall be subject to the requirements and standards contained in Section 94.02.00(11)(8).
D. Yards.
1. General Provisions.
Section 93.01.00 shall apply.
2. Energy Uses.
a. The minimum setback from any property line shall be fifty (50) feet.
b. The setback for WECS shall be detennined by the provisions of Section 94,02.00(H)(8).
3. Other Uses.
a. No building shall be erected closer than twenty-five (25) feet from the front property line. Not
less than twenty-five (25) percent of such yard shall be landscaped and maintained.
b. Where the E-I -zone abuts a street which is a boundary with a. residential or open space zone, there
shall be a yard abutting such street of not less than one hundred (100) feet. The twenty-five (25) feet nearest
the street shall be landscaped and maintained. The remainder may be used for parking.
C. Where the E-1 zone abuts property in a residential or open space zone,there shall be a yard of not
less than one hundred (100) feet, The twenty-five (25) feet nearest the property line shall be landscaped and
maintained. The remainder shall not be used for parking, loading or storage.
d. Landscaped buffers at least fifteen(15) feet in width may be required by the planning
commission along interior yards.
E. Walls, Fences and Landscaping.
The provisions of Section 93.02.00 shall apply. j
17.2.03 Property development standards. littp://www.gcodc.iis/codes/palmsprings/view.plip?topic=Tonin, co...
Exception.
1. Fences and walls shall not exceed eight(8) feet in height in any required interior side or rear
yard.
2. Barbed wire may be used for security purposes at alternate energy installations.
F. Coverage.
The site developed for permitted uses, other than energy uses (Section 92.17.2.00(D)(4)), shall not
occupy an area greater than fifteen (15)percent of any lot or planned developmegt.
G. Access.
The provisions of Section 93.05.00 shall apply.
H. Off-street Parking.
The provisions of Section 93.06.00 shall apply.
I. Off-street Loading and Trash Areas.
The provisions of Section 93.07.00 shall apply.
J. Sigils.
The provisions of Section 93.20.00 shall apply.
K. Outdoor Storage.
1. Outdoor storage and activities associated with permitted uses shall be adequately screened from
view from any public street or abutting residential property by a solid masonry wall. Such wall shall retum
along any interior side property line which is perpendicular to such public street or residential property for a
distance of not less than twenty-five (25) feet. Other fencing may be of chain link, or other open style, if the
entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be
allowed to grow to eight(8) feet in height and shall be adequately maintained and irrigated. Items shall not be
stacked or stored higher than the wall if located within twenty-five (25) feet from any public street or
residential property. All enclosures and stored materials must comply with fire department regulations for
access and fire protection.
2. All enclosures and stored materials must comply with fire department requirements for access
and fire protection.
3. No materials or waste shall be deposited or stored in any form or manner that they stay be
transferred off the lot by normally-occurring natural causes or forces. Waste which might cause dust or fumes
or which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects
shall be stored only in closed containers in required enclosures.
L. Antennas.
The provisions of Section 93.08.00 shall apply.
M. Public Art.
The provisions of Section 93.11.00 shall apply.
(Ord. 1447 (part), 1993)
51
?.17.1.01 Uses permitted. http://www.gcode.tis/codes/paiinspi-iiigs/view.php?topic=zoIlillL. cc
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7.QfA1N.,Q_ E
Chapter„ ,2;00.ZONI,NG-REG.ULAI:I,ONS
92.17.1.01 Uses permitted.
A. Uses Permitted.
Buildings, structures and land shall be used and buildings and structures shall hereafter be erected, altered or
enlarged only for the following uses. All uses shall be subject to the standards in Section 92.17.1.01
1. All rues permitted in the "G1," "C-2," "C-M," "M-1-P" and "M-1" zones, Sections 92.12.01,
92,14.015 92.15.01, 92.16.01 and 92.17.01, unless otherwise regulated herein.
2. Adult oriented business.
I Fabrication.
a. Manufactured housing and niobilehomes;
b. Cans and containers;
C. Cutlery, tableware, hand tools and hardware;
d. Wrought iron;
e. Fencing;
f. Metal buildings;
g. Ordinance and fireanns, not including explosive;
h. Vehicles, aircraft, boats and parts;
i. Railroad equipment;
j. Motorcycles, bicycles and parts;
k. Travel trailers and recreational vehicles.
4. Manufacturing.
a. Manufacturing, compounding, processing, packaging or treatment of such products as:
i. Meat and poultry products (if connected to an adequate sewer system),
ii. Nonalcoholic beverages,
iii. Leather, including tanning and finishing,
iv. Glassware,
V. Concrete, gypsum, plaster and mineral products;
b. Knitting, floor covering, and yarn and thread mills;
C. Saw and planing mills;
d. Paper and paperboard mills;
e. Agricultural chemicals, not including pesticides and fertilizers;
f. Stone cutting and related activities;
g. Glass blowing, pressing and cutting;
h. Machinery and shop:
i. Engines, turbines and parts,
?.1 T 1.01 Uses permitted. http://www.gcode.us/codes/paimsprings/view.plip?topic- zoning co...
ii. Farm, garden construction and industrial machinery,
iii. Lighting and wiring.
5. Medical Cannabis Cooperative or Collective, subject to the property development standards
contained in Section 93.22.00 of this Code.
6. Services.
a. Equipment sales, rental and storage;
b. Trailer and boat storage;
C. Auction houses, subject to Municipal Code Chapter 5.04;
d. Caretaker's residence (one thousand (1,000) square feet maximum), as an accessory use.
B. Similar Uses Permitted by Commission Determination.
The commission may, by resolution, pen-nit any other uses which it may determine to be similar to those listed
above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the
public health, safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All
uses shall be subject to the property development standards in Section 92.17.1.03.
C. Uses Pennitted by Land Use Permit.
1. Uses permitted by land use pennit in the "M-1-P" and "M-I" zones, Sections 92.16.01(C), and
92.17.01(C), unless otherwise permitted;
2. Operations and facilities providing tours of alternative energy facilities.
D. Uses Permitted by Conditional Use Pen-nit,
The following uses may be permitted subject to approval of a conditional use permit,as provided in
Section 94.02.00:
1. Uses permitted by conditional use pen-nit in the "M-1-P" and "M-i" zones, Sections 92.16.01(D),
and 92.17.01(D), unless otherwise permitted;
2. Acid and abrasives manufacturing;
3. Ambulance services, and accessory uses customarily incident to the penmitted use; provided that,
the site is located. at least five hundred (500) feet from any property zoned residential;
4. Bail bond offices;
5. Brewery, distillery or winery;
6. Check cashing facilities;
7. Concrete batch plants and asphalt plants;
8. Disposal service operations;
9. Energy Uses.
a. Solar collectors,
b. Wind energy conversion systems (WECS), subject to the requirements and standards
contained in Section 94.02.00(H)(8),
C. Cogeneration facilities,
d. Natural gas powered electric generation plants that do no exceed two hundred (200)
megawatts in size;
10. Fertilizer production, organic or inorganic;
11. Heavy equipment storage and rental;
12. Meat packing plants, not including slaughtering or rendering of animals; 5,3
L 17.1.01 Uses permitted. littp://www.qcode.LIS/Codes/paIi-nspi-inv
13. Paints and varnishes manufacturing and incidental storage;
14. Paper storage and recycling, not within a building;
15. Pawn brokers;
16. Petroleum and bulk fuel storage, above ground;
17. Poultry and egg processing;
18. Natural gas storage, above ground;
19. Nightclubs/cocktail lounges as a primary use;
20. Recycling of wood, metal and construction wastes.
(Ord. 1758 § 4, 2009; Ord. 1697 § 2, 2006; Ord. 1595 § 1, 2001;Ord. 1553 (past), 1998;Ord. 1511 (part),
1995;Ord. 1502 (part), 1995;Ord. 1500 (past), 1995, Ord. 1447 (part), 1993)
54
92.17.1,03 Property development standards. http://www.gcode.us/codes/paImsprings/view.php?topic==zonirig co...
Palm Springs Municipal Code
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ZONING C.ODT
Chapter 92._00 ZONI4C;.LEGULATtON5
92.17.1.03 Property development standards. 0- Men01
The following property development standards shall apply to all land and buildings in the M-2 zone,
except that any lot created in compliance with applicable laws and
ordinances in effect at the time of its creation may be used as a building site.
"These standards may be altered where a specific development plan is approved under a planned
development or a conditional use pennit or otherwise approved master plan of development where the
development meets the intent of this 'Zoning Code.
A. Lot Area.
Except where lot sizes are otherwise established by an approved master plan, each lot shall have a
minimum area of twenty thousand (20,000) square feet, except that lots which abut a major or secondary
thoroughfare shall have a minimum area of forty thousand (40,000) square feet.
B. Lot Dimensions.
1. Width.
Each lot shall have a minimum width of one hundred fifty(150) feet, except that lots which abut a major
or secondary thoroughfare shall have a minimum width of two hundred (200) feet.
2. Depth.
Each lot shall have a minimum depth of one hundred (100) feet, except that lots which abut a major or
secondary thoroughfare shall have a minimum depth of two hundred (200) feet.
C. Building Height,
1. Buildings and structures shall have a height not greater than thirty (30) feet.
2. Exceptions.
a. Permitted Projections Above Building Height Limit.
The provisions of Section 93.03.00 shall apply.
b. Buildings and structures shall have a height not greater than forty (40)feet, provided that any
portion of buildings in excess of thirty (30) feet are: (1) located on a parcel of not less than one (I)acre in size;
and (2) set back one (1) foot from any property line for every one (1) foot of vertical rise. Buildings which
exceed forty (40) feet in height may be permitted pursuant to the provisions of Sections 93.04.00 and
94.02.00.
D. Yards.
I. General Provisions.
a. The provisions of Section 93.01.00 shall apply.
b. The following provisions shall apply to lots which front on private, as well as public, streets.
2. Front Yard.
No building shall be erected closer than twenty-five (25) feet from the front property line. Parking bays,
on local or collector streets only, shall be permitted within the front yard or street side yard; provided, the
entire parking bay is located on private property. Not less than twenty-five (25) percent of such yard shall be
landscaped and maintained. r-5
117.1.03 Property development standards. http://www.gcode.us/codes/palmsprings/view.plip?topic=toning co...
3. Yard -,Transition.
Where a nonresidential lot abuts the boundary line of a residential zone,the side or rear yard which is
adjacent to the residential zone shall have a minimum width or depth of twenty (20) feet regardless of any other
provisions of this Zoning Code.
a. Industrial establishments in the M-2 Lone., abutting a street which is a residential zone boundary,
shall establish and maintain a landscaping screen not less than twenty-five (25) feet wide.
b. Where M-2 industrial property abuts residential property there shall be a six(6) foot masonry
wall on the property line with the ten(10) feet nearest the wall in a landscaping screen.
C. Where a six(6) foot masonry wall exists on the residential property line or within one (1) foot of
such properly line, the required six(6) foot masonry wall may be waived; however,the required ten(10) foot
landscaping screen shall be installed and maintained.
d. Where the M-2 zone abuts an alley, no building shall be erected less than twenty-five (25) feet
from the side of the alley opposite the subject property.
E. Walls, Fences and Landscaping.
Walls, fences and landscaping shall be installed as required in Section 93.02.00 or as stated in Section
92.17.1.03(D). All walls shall be constructed of solid masonry materials.
1. Exception.
Walls shall not exceed eight(8) feet in height in any interior side or rear yard. Walls not to exceed eight
(8) feet in height may encroach into any front yard not more than five (5)feet.
F. Coverage.
Lot area coverage by buildings or structures shall not exceed sixty (60) percent of the total lot area.
G. Access.
The provisions of Section 93.05.00 shall apply.
H. Off-street Parking.
The provisions of Section 93.06.00 shall apply.
1. Off-street Loading and `Brash Areas.
1. The provisions of Section 93.07.00 shall apply.
2. Loading docks which are located within one hundred fifty (150)feet of a residential zone
boundary shall be screened from view from the residential area.
J. Signs.
The provisions of Section 93.20.00 shall apply.
K. Outdoor Storage and Waste Disposal.
l. Outdoor storage and activities associated with pennitted uses shall be adequately screened frorn
view from any public street or abutting residential property by a solid masonry wall. Such wall shall return
along any interior side property line which is perpendicular to such public street or residential property for a
distance of not less than twenty-five (25) feet. Other fencing may be of chain link, or other open style, if the
entire length of such fence is landscaped so to screen the storage area from view. Such landscaping shall be
allowed to grow to eight (8) feet in height and shall be adequately maintained and irrigated. items shall not be
stacked or stored higher than the wall if located within twenty-five (25) feet from any public street or
residential property. All enclosures and stored materials must comply with fire department regulations for
access and fire protection.
2. No materials or wastes shall be deposited or stored in such form or manner that they may be
r,.
transferred off the lot by normally-occurring natural causes or forces. Wastes which might cause fumes or dust `
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
off PM6
Q
'7llfa Nip•{
City Council
Meeting Date: May 4, 2011
Subject: Case 5.1212 Change of Zone and TPM 36073
Noble & Company LLC
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 April 23, 2011.
declare under penalty of perjury that the foregoing is true and correct.
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 on April 20, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
�W�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
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 mailed to each and every
person on the attached list on April 20, 2011, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (25 notices)
declare under penalty of perjury that the foregoing is true and correct.
`W�
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 Not
lEs
NOTICE�HEEARMi
PO BOX 2743 CITY CIL
OF PALM SPRINGS
PALM SPRINGS CA 922632 5.1212 CHANGEop;GNE AND
TERfATNE PARCEL MAP 36073
NO E IS HERESY GIVEN that the Cityry Cou I m the City of Palm Springs Callfornia,ws11
P Ne Iw,anng at its mee(In of
2000258813 m. In mesa b 9
>�itaCouaar7Chember a�ca1'rf�i.s2a01
Way,Palm
.Spnnga i
ppTlIha of llis heCn�RiVrrV iist> an
EI( rtartll aHte Ilda"ufac°'mfg�f�aa
1. vrest oflr,derr
�eart,ai IpNer!Ayenue,and
Soulh of 1 AverlrH. of m�amap�
I am over the age of 18 years old, a citizen of the United � br Pro»I of a Temetive p»��
States and not a parry to, or have interest in this matter. I Parcel Wo three parcels
to
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
1 {
4/23/2011
$N,
_ CnY�PALM9PRINae Im'
I PMemo ue -�5—, P [muem.
I acknowledge that I am a principal clerk of the printer of ENYI .AL DETEANINATION a An
The Desert Sun, printed and published weekly in the City � eta!' eeOf the Calleordial nyrepered� ur.
of Palm Springs, County of Riverside, Slate of Califomia. laradm (�)and a MlTgaled Negative Deo-
The Desert Sun was adjudicated a newspaper of general PrePosld
circulation on March 24, 1988 by the Superior Court of the The OF
TN1N f
County of Riverside, State of California Case No. regard thra prgect a documents t
191236. and 6.00 MllppbMeeaarr rotuhge houre of B.pp a.m.
contact Office of tfia City Clerk at
r
t7�) if you would like to schedule an
I declare under penalty of perjury that the foregoing is true app°inen nrro reMVII'MrSiSdocumenta.
COMME T ON THIS 'APPLICATION Re-
and correct. Executed on this 23rd day of April, 2011 in I ePonee this notice may be made verbally at the
apuublic h ng and/or in writing before the heading. .
Palm Springs,California. CWiunmles'rim may be made to the planning
by (for mail or hand dehvery)to.
Jam"I
Palm Sluings,CA 9228Way
�yy ba .. of.the proposed prcyect kl Court
et the fed to tai9ng onty those re ct i raised
writlen ilearireg.diseased in this notice,or in
at, or nee,delivered to"City Clark
Declarant I, Code 4 fld,e b 2p. eng• toovernmem
•LT•1 1 mares o" iy vniibe given at.mid hearing for an
in ril rsons to be heard,questions regard-
. j .ate Plan mayy he Greeted to Ken Lyon,Assod-
{ (760)323-9245.
Si necesitia ,.con SSW carta,Por favor Name
� Ciudad r a m Sp rigs y U( �ablar�Hedge reterono
Jane niomrson.City Clark
Pu 1
e �PH81 �H(�QkD COALITION REPS
'C'a�e' .12I "CITPIGI36073` M ? OMANC7 MRPETEMORUZZI
11"Oar Noble&Company, LLC H1%1100 I SITE REP� -, , ,,, PALM SPRINGS MODERN COMMITTEE
11'. ' Meeting oIl % `�. t( P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1212 CZ
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
VERIFICATION NOTICE�4> ATTN SECRETARY/5.1212 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS MARGARET PARK
°'AGU L ,NTE BAND OF QAHUILLA AGUA CALIENTE BAND OF CAHUILLA
,BANS J '�7 9 INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNHOUSE,
ATTN: JOSEPH ONTIVEROS LLP
ATTN: RICHARD C.WADE, PARALEGAL
INTERESTED PARTIES—0 CULTURAL RESOURCES MANAGER TH
P.O. BOX 487 7424 4 STREET NW
SAN BOXJACI 87TO, CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM
87107
SPONSORS � >4 41) MR THOMAS NOBLE MR FRITZ NO
NOBLE&COMPANY, LLC NOBLE RE ESTATE GROUP
74-075 PASEO, SUITE A-3
P.O. BOX 12950 PAL ESERT, CA 92260 ~
PALM DESERT, CA 92255-2950
MR FREDERICK NOBLE MR H. PARDUE MR FRITZ NOBLE
c/o WINTEC ENERGY, LTD. PCA ENGINEERING NOBLE REAL ESTATE GROUP
1090 N. PALM CANYON DRIVE 74-040 EL PASEO 34360 GATEWAY DRIVE
PALM SPRINGS, CA 92262 PALM DESERT, CA 92262 PALM DESERT,CA 92211
L
666320008 666320009 666320014
BP WEST COAST PRODUCTS WINTEC ENERGY LTD INDIGO GENERATION
6 CENTERPOINTE DR 5TH 1090 N PALM CANYON DR A 15 WAYSIDE RD
LA PALMA,CA 90623 APALM SPRINGS,CA 92262 BURLINGTON,MA 01803
666320020 666320026 666330001
RIVERSIDE COUNTY FLOOD CONT WINTEC ENERGY LTD NFT,PARCEL
1995 MARKET ST 1090 N PALM CANYON DR A PO BOX 12950
RIVERSIDE,CA 92501 PALM SPRINGS,CA 92262 PALM DESERT,CA 92255
666330007 666391001
INDIAN A NUE CO 66633 78 BURR GROUP
357 HU LII PL B204 9890 CHERRY AVE
KI ,Hi 96753 FONTANA,CA 92335
666391002 666411005 666411011
BURR GROUP BURR GROUP COUNTY OF Ell
9890 CHERRY AVE 9890 CHERRY AVE 19531 MC ST �
FONTANA,CA 92335 FONTANA,CA 92335 PALM RINGS,CA 92262
666411012 669400007 668400008
DESERT FOUR SOUTHERN CALIFORNIA EDISON CO FREDERICK OBLE INC 4 J n
960 FULTON AVE 100 PO BOX 800 41700 CO RATE WAY D �•�'l
SACRAMENTO,CA 95825 ROSEMEAD,CA 91770 PALM . SERT,Cl 92260
668400011 668411008 668411010
RIVERSIDE COUNTY FLOOD CONT RIVERSIDE COUNTY FLOOD CONT FREDERICK NOBLE INC
1995 MARKET ST 1995 MARKET ST 41700 CO ORATE WAY D �M
RIVERSIDE,CA 92501 RIVERSIDE,CA 92501 PALM SERT,CA 92260
668412002 668400008
CYA PARTNERS LTD RETURNED MAIL FREDERICK W NOBLE INC
157 SURFVTEW DR 34360 GATEWAY DRIVE
PACIFIC PALISADES,CA 90272 PALM DESERT,CA 92211
668411010
°{ FREDERICK W NOBLE INC
34360 GATEWAY DRIVE
PALM DESERT,CA 92211
t;
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1212 CHANGE OF ZONE AND
TENTATIVE PARCEL MAP 36073
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of May 4, 2011. 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 application requesting a Change of Zone (CZ) from
E-1 (Energy Industrial) to M-2 (Manufacturing) for a 98-acre parcel north of the 1-10, west of
Indian Canyon Drive, east of Karen Avenue, and South of 19th Avenue. The application
includes a request for approval of a Tentative Parcel Map to subdivide the parcel into three
parcels
ENVIRONMENTAL DETERMINATION: An environmental assessment has been prepared
under the guidelines of the California Environmental Quality Act (CEQA) and a Mitigated
Negative Declaration has been proposed.
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.
and 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
Planning Commission 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 Ken Lyon, Associate Planner, (760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
ames Thompson, City Clerk
o`� ♦y
V Department of Planning Services ""
�
.` .'`�r0a Vicinity Map
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Legend "- r
Q 400 Ft Buffer ~
Site
nParcels
CITY OF PALM SPRINGS
CASE NO.: 5.1212 CZ and DESCRIPTION: A request by Noble & Company,
TPM 36073 LLC for a Change of Zone from Energy-Industrial
(E-1) to Manufacturing (M-2) for a 98-acre parcel at
APPLICANT: Noble & the southeast corner of 19t" Avenue and Karen
Company, LLC Avenue. The application includes a Tentative
Parcel Map (TPM) proposal to subdivide the site
into three parcels.
60