HomeMy WebLinkAbout22415 - RESOLUTIONS - 1/7/2009 RESOLUTION NO. 22415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING CASE 5.1175
GPA, CZ, A GENERAL PLAN AMENDMENT TO CHANGE
THE LAND USE DESIGNATION FOR A REMAINDER
PARCEL OF APPROXIMATELY 1.57-ACRES AT THE
NORTHWEST CORNER OF SUNNY DUNES AND SOUTH
SUNRISE WAY FROM VLDR (VERY LOW DENSITY
RESIDENTIAL) TO NCC (NEIGHBORHOOD COMMUNITY
COMMERCIAL), A CHANGE OF ZONE FOR THE
REMAINDER PARCEL FROM RMHP (RESIDENTIAL
MOBILE HOME PARK) TO C-1 (COMMERCIAL-1);
SECTION 23, TOWNSHIP 4, RANGE 4.
WHEREAS, Southwest Real Estate Holdings, LLC. (the "Applicant") has filed a request
for a General Plan Amendment to change the land use designation for an approximately
1.57 acre parcel at the northwest corner of Sunny Dunes and Sunrise Way from Very
Low Density Residential (VLDR) to Neighborhood Community/Commercial (NCC), a
Change of Zone request to change the zone designation from Residential Mobile Home
Park (RMHP) to Commercial (C-1); and
WHEREAS, pursuant to the State of California Governmental Code Sections 65350 —
65362, procedures and requirements are established for Cities and Counties to create
and amend their General Plan and the City's Zoning Ordinance sets forth procedures
for amending the zoning map and zone designations within the City; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1175 GPA CZ, was given in accordance with applicable law;
and
WHEREAS, on October 22, 2008, a public hearing on the application for Case 5.1175
GPA CZ was held by the Planning Commission in accordance with applicable law; and
WHEREAS, said public hearing was continued to a date certain of November 12, 2008
at which time the Planning Commission considered all oral and written testimony
presented and voted unanimously to recommend certification of the environmental
Negative Declaration, and to recommend approval by the City Council of Case 5.1175
GPA, CZ, subject to conditions of approval, and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1175 GPA CZ was given in accordance with applicable law; and
WHEREAS, on December 17, 2008, a public hearing on the application was held by the
City Council in accordance with applicable law; and
Resolution No. 22415 January 7, 2009
Page 2
WHEREAS at said meeting the City Council voted 5-0-0 to deny the GPA, and CZ
applications, and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Pursuant to the State of California Governmental Code Sections 65350 —
65362, (procedures and requirements for Cities and Counties to create
and amend their General Plan) the City Council finds that the requested
General Plan Amendment is not consistent with desired community
planning practices, would enable future land uses that the Council
believes would be incompatible with this location and would be in conflict
with the character of the existing adjacent neighborhood.
Section 2: Pursuant to the request for a change of zone from RMHP to C-G1, the City
Council finds that the proposed change or zone is inappropriate because it
would allow for development standards that would not be harmonious with
the existing development in this neighborhood.
Section 3: The request for a General Plan Amendment for an approximately 1.57-
acre parcel at the northwest corner of Sunny Dunes and Sunrise Way,
changing the land use designation from VLDR (Very Low Density
Residential) to NCC (Neighborhood Community Commercial), the Change
of Zone from RHMP to C-1, are hereby denied.
ADOPTED, this 7th day of January, 2009.
David H. Ready, Manager
ATTEST:
mes Thompson, City Clerk
Resolution No. 22415 January 7, 2009
Page 3
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22415 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 71h day of January, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None,
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk -
ty of Palm Springs, California