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DATE: January 7, 2009 CONSENT CALENDAR
SUBJECT: APPLICATION BY SOUTHWEST REAL ESTATE HOLDINGS, LLC, FOR
A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FOR A
PARCEL AT THE NORTHWEST CORNER OF SUNNY DUNES ROAD
AND SUNRISE WAY; AND TENTATIVE TRACT MAP 28308 TO
SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL FRONTING SUNNY
DUNES ROAD INTO SEVEN RESIDENTIAL LOTS, CASE 5.1175 GPA,
CZ, TTM 28308
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY
At the regularly scheduled City Council meeting of December 17, 2008, at the public
hearing on the subject case, the City Council voted to deny the application. Attached is
the draft resolution reflecting the City Council's action.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DENYING CASE 5.1175 GPA, CZ, TTM 28308, 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-9 (COMMERCIAL-1), AND
TENTATIVE TRACT MAP 28308; SECTION 23, TOWNSHIP 4, RANGE 4."
!Na, I
Cr ig A. E . , AICP David H. Ready, Es , . ,
Director of Planning Services City Manager
Item 2 . D .
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING CASE 5.1175
GPA, CZ, TTM 28308, 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 TO C-1 AND
TENTATIVE TRACT MAP 28308; 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 Tentative Tract Map 28308 to create seven
single family residential lots on a portion of the parcel along Sunny Dunes Road; 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 TTM 28308, 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 TTM 28308 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, TTM 28308, 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 TTM 28308 was given in accordance with applicable
law; and
kJG
Resolution No, December 17, 2008
Page 2
WHEREAS, on December 17, 2008, a public hearing on the application 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 meeting 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-1, 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, and the Tentative Tract Map application are
hereby denied.
ADOPTED, this 171h day of December, 2008,
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
4 e6
Resolution No. December 17, 2008
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. 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 December 17, 2008, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California