HomeMy WebLinkAbout1/16/2002 - STAFF REPORTS (14) I'
DATE: January 16, 2002
TO: City Council
FROM: Director of Planning and Building
CASE NO. 5.0891 AND 5.0893: APPLICATION FOR AN AMENDMENT TO THE
GENERAL PLAN SOAS TO REDESIGNATEA 1.13ACRE PARCEL FROM M15: MEDIUM
DENSITY RESIDENTIALTO RC: RESORT COMMERCIAL,AND A REQUESTTOAMEND
THE ZONING MAP SO AS TO REZONE A 1.13 ACRE FROM WR2: WATERCOURSE
AND LIMITED MULTIFAMILY RESIDENTIAL TO WC1: WATERCOURSE AND RETAIL
BUSINESS ZONE. THE PROPERTY IS LOCATED AT 4601 MATTHEW DRIVE, ZONE
W-R-2, SECTION 30.
RECOMMENDATION:
That the City Council conduct a public hearing on the request and, if the Council so desires,
adopt the attached resolution amending the General Plan and the attached Ordinance
amending the Zoning Map. The applicant is Mr. Francisco J. Urrutia.
SUMMARY: Approval of the proposed General Plan Amendment and Zoning Map
Amendment will result in a commercial land use designation for the subject property. The
applicant intends to develop a professional office building in the future.
BACKGROUND:
The subject property is a 1.13 acre parcel located on the south side of Matthew Drive. The
property is vacant, zoned W-R-2 (Medium Density Residential/Watercourse) and
designated on the General Plan map as M-15:(Medium Density Residential). The southern
and western portions of the lot have a significant slope. The northeast portion of the lot is
fairly flat. The significant slope serves to physically separate this property from property to
the west. Uses, zoning, and general plan designations abutting the site are as follows:
Use Zone General Plan
North Vacant W-R-3 Resort Commercial
South Vacant 0-20 Conservation
East Shopping Center W-CDN Neighborhood Convenience
Ctr.
West Vacant W-R-2 M-15 Medium Density Residential
Detailed development plans have not been submitted as part of this application. If the
General Plan map and the Zoning Map are amended, development plans consistent with
the Resort Commercial General Plan designation and the W-C-1 zoning district are
required.
On December 12, 2001, at a duly noticed public hearing, the Planning Commission voted
unanimously to recommend that the City Council adopt a resolution amending both the
General Plan and the Zoning Map as requested.
GENERAL PLAN AMENDMENT:
The General Plan identifies how the City would like land utilized in the future. The General
Plan also contains policies that further address the City's expectations with respect to the
physical development of land.
The General Plan currently designates the land on the south side of Matthew Drive as M15:
Medium Density Residential and the land on the north side of Matthew Drive as Resort
Commercial. However,given the physical aspects of the subject property, although located
on the south side of Matthew Drive, it has a stronger connection to property on the north
side of Matthew Drive and to the shopping center to the east. More specifically, the steep
slope of the hillside located on the south and west portions of the subject lot create a
physical separation between the subject property and residentially zoned property to the
west.
A portion of the subject parcel is hillside. Upon receipt of a development proposal, staff will
work with the applicant to design the project to protect the hillside and to potentially utilize
other tools to permanently protect the hillside from development, thus conserving the
hillside property.
The Resort Commercial land use designation provides for resort hotels, including a broad
range of convenience and tourist commercial services principally serving resort clientele;
these services include restaurants, entertainment, retail uses, and other commercial uses.
Again, the property to the north of Matthew Drive is designated Resort Commercial. The
redesignation of the subject property will serve to extend the area assigned to this function.
The Planning Commission finds this to be appropriate given the physical condition of the
land.
AMENDMENT TO THE ZONING MAP
The zoning map is one of many tools utilized to implement of goals and objectives of the
General Plan. The zoning map should only be amended if such amendment in consistent
with the General Plan and furthers the goals and objectives outlined in the General Plan.
If the General Plan designation is amended as requested, an amendment to the Zoning
Map to Watercourse and Retail Business (WC1) would be appropriate as this zone is
intended as a business district, primarily retail business in character, with related hotels,
service, office, cultural, and institutional uses.
CEQA
In accordance with Section 15063 of the California Environmental Quality Act, an initial
study was prepared for this project and a Negative Declaration has been prepared. All
owners of property within 400 feet of the subject property have been notified of the public
hearing.As of thepreparation of this report, staff has not received any comment.
Director of tanning and Building
City Manager ,
ATTACHMENTS:
1. Vicinity Map
2. Draft Resolution
3. Ordinance
`C� 7 i
PROOF OF PUBLICATION
'I'hls 1s(20I5.5.C.C.P) space for County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of Riverside
I am a Citizen Of the United.Slates and a resilient of NOTICE OF PUDLICPHIEAnING
the County aforesaid; I am over the age of eighteen PALM SPRINGS CITY COUNCIL
Years.and not a party to or interested in the C,:•e No. E 0601 and 5.0893
above_ General Plan Amendment so a.: to redesq note
entitled matter-I am the principal cleric of a rim crVy from M-1,• Mndmm uensir Rcaid.ntial
l]tintCr of the,DESERT SUN PUBLISHING to Resort Commemlal and a Zonin Map Amend-
U ISHING mCnt to rezone property from WR2: Watercourse
COMPANY a newspaper of general circulation, and Linil Multiple-Family Residential Zonc 4a
g culation, WCI:Watercoura; dnd Retail Businca; -Lone.The
printed and published in the city of Palm Springs, prnperiy Is located at 4601 Matthew On, Sec-
Chunty of Riverside,and which newspaper lips been ti ,on 30
adjudged a newspaper Of general circulation by the _ _ -11- MAP
Superior Court of the County eF Riverside,State of
California under die date of March 24, 1988.Case
Number I91236;that the notice,of which the
annexed is A printed copy(set in type not Smaller
than non pariel,has been published in each re - �.and entireregular r_ >•-,, ....
issue of said newspaper and not in any I�December
2 thereof on the fallowing dates,to wit:
December supplement thereof
�~
6na
CII f(IF P,1LM EFF Nc; _
All in the year 2001 -
I certify(Or declare)under penalty of perjury fhat the NOTICE IS HEREBY^GIVEN that he City Counctl
of the Clty of Palm Springs, California,will hold a
foregoing is true and correct, ppubllc hearing at its meetingg of Januan/1G,$e02
Tho City Council m ring begin{ at /:00 p.m n
31sf tfie City council Chamber al City.I•I�II, 3200 C.
Dated at Palm Springs,California this---------�day 'fall Litz C,nyon Way, Fri Springs
December -tF- purpoaa of the hearing I: to consider a re-
quest tot a Gercml Plan Amendment-c as to re-
of,�----•-- •--•- 2001 dcsl5I itn property from'M-16:Medium ❑enslty
Iiesltlential to Resoi: Commcradl, and a rizI t
___f•,}} • for o Tonfnq Man Amendment to dr"'pricMull piepam-
`("/I from WR2:Watercour;c.mtl Llmhed Mulhplr--I'am-
J1111AS ldentnl Zone to WC1:Wutzrcowae and RI,
-- --T------------_ taJ nusmess Zonc. The property is located at
-'-- A601 Matthew Drive,
Signature In iccordance with 50CL[on 16063 of the Califor-
nia Environmental Quality Act, and mdi:al study
was prepared fOf:hls project and a Negetive Dec-
laration has been prcp,,cd.
II any Individual or group challcngu; Inc action In
tour[ issues mlocd niay be limped to only ihoso
Isaip<. rated at the public hearings dc•crticed In
this notice or In written corn,cpondenca at or pri-
or to the Cltp Council hearing An cpponi will
be grvufi at said hearinp Ior s1I interested persons
to be heard. Questions Iegardmg ills case may
bi,, directed to Planning and Building Director
Coup Ev rne, Department of Planning and Build-
ing, (60 323.62a5.
PATRICIA A SANPGRS
Clty Clerlc
PUB: Decemdcr 25, 2001
PROOF OF PUBLICATION This Is space for County Clerk's li Scamp
(2015.5-C.C-P)
STATE OF CALIFORNIA "
County of Riverside
Nog&18
CITY OF PALM SPRINGS
NOTICE OF PIJBLPLANNING
HEARING
OMMI
PALM SPRINGS PLANNING COMMISSION
1 am a Ci[i2e'1 of hC case No.5.0891 and 5.0893
1 UnitCd Sales and :1 reAdent of General Plan Amendment so ap Io redesignate
the County aforesaid' and over 1`; Prop�•rLy Imm M-15: Mu`d,um Density 9�-,dermal
1 0 C [( � lge Of eighteen to Resort Commercial,and.i 7WIMn Map Amand-
Cars,and not A par L mept to rezone prope from WR..: Waieicoumc
Y party 0 Or intcrtsLcll in LhC and Lirmled Multipic.-omav Resident I Zone
above-entitled maLLcr.) am Lhc principal Cleric of a WC1:Watercourse and Rctaif quslness Zonc Thg
property is localad II 4501 Matthew Drive, Sac-
printer of the, DESERT SUN PUR1,I5I11NC ton 30,
COMPANY a newspaper of general circulation, NPl'ICE IS HEREBY GIVEN that the Planning
printed and published in the cityCpmmr.eon of the City Or Palm SprmOe, P•+lilor-
01 Palrl)Springs, nla will hold a public hearmn at Its meotinn of
newspaper County of Riverside,and December 12, 2001, The Planning Colnmisslon
which has been meetioq h09,ns at 1-30 p m,with the public hp-iv-
adjudged a newspaper of general circulation by the ng beginning at 2:00 p.m. in the Councll Chem-
hcrs a't Clry Hall 320D E. Tahquitz Canyon way
Superior Court ofthe County of Riverside,State of I'alm Spring:.
California under the date of March 24, 1933-Case The purpose of the hearing Is to consider re-
Number 191236; d'at the notice,Of wl'iell file qnest for a GcnurA plan Amondment so as'w ro-
desi.rote property from M-15. Medium Penalty
annexed is a printed copy(set in type'lot smaller mesi DonaZonil 10 Resort mm erentto, and• e c o�L
than non pariel,has been published in each regular from WI12: Watercoura,; and Limited property im
Family Rusidnnhal Zone.to WC1: Watercourse i
and entire issue of said newspaper and not in any i and Retail Businca:.Zone.The property Is locatod
supplement thereof on the following dates,t0)vit= at 4501 Matthew Drivu.
November 22nd •iOCINTY MAP —f
I J'--
All in the year 2001 ��-������_� —
I certify(or declare)under penalty of perjury that the ,c —F"• .._
foregoing is true and correct-
2701
Dated at Palm Springs,California this day ---
November --------- J
of-------------------_- 2001 orx
1 din nr eni.M S.PIWu.
In 'ccordanco with.SLenonN 150S3YYOf the Callfor-
Si nature nia Envvomnental Qualify Act,an initial study was
Pn reparod for this project and i Negative Declara,
Pon nits been prcpireU._
If any mdw,du�l or group chullenges the action in
court, Issues rai.c•d may be limited to only those
raised at the public heannq dWPf,bed In
this notice or in written corn.^,pondence at or pri-
or to the Planning Commission ho rring. An op-
ppriundy will be given It::aid hearing for all inter-
ested purgons to be hoard, questions mnarding
INS case may bu directed to I-Ippi V. Sullivan,
Department of Planting .,no Bonito,, 750,323-
e2.15.
/s/Douglas R Nona
Dlrector of Planning and Bollding
PUB. November 22, :00 i
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE GENERAL PLAN SO AS TO
REDESIGNATE A 1.13 ACRE PARCEL FROM M15: MEDIUM
DENSITY RESIDENTIAL TO RC: RESORT COMMERCIAL,AND A
REQUEST TO AMEND THE ZONING MAP SO AS TO REZONE A
1.13 ACRE PARCEL FROM WR2:WATERCOURSE AND LIMITED
MULTIFAMILY RESIDENTIAL TO WC1: WATERCOURSE AND
RETAIL BUSINESS ZONE. THE PROPERTY IS LOCATED AT
4601 MATTHEW DRIVE, ZONE W-R-2, SECTION 30.
WHEREAS, Mr. Francisco J. Urrutia, (the"applicant')hasfiled an application with the Citypursuant
to Section 9407.00 of the Zoning Ordinance for a Change of Zone of 1.13 acres of land from WR2
(Water Course and Limited Multifamily Residential) Zone to WC1 (Watercourse and Retail
Business)Zone;
WHEREAS, the applicant has filed Case No. 5.0893 (Amendment to the General Plan) with the
City and paid the required filing fees;
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
consider applicants application for Case No. 5.0891 (Change of Zone) and Case No. 5.0893
(General Plan Amendment)was given in accordance with applicable law; and
WHEREAS, on December 12, 2001 a public hearing on the applications for Case Nos. 5.0891
(Change of Zone) and 5.0893 (Amendment to the General Plan)was conducted by the Planning
Commission in accordance with applicable law,and the Planning Commission voted to recommend
that the City Council amend both the General Plan and the Zoning Map; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider
applicants application for Case No. 5.0891 (Change of Zone)and Case No. 5.0893 (General Plan
Amendment)was given in accordance with applicable law; and
WHEREAS, on January 16, 2002 a public hearing on the applications for Case Nos. 5.0891
(Change of Zone)and 5.0893(Amendment to the General Plan)was conducted by the City Council
in accordance with applicable law; and
WHEREAS, in accordance with CEQA, an initial study was prepared and staff found that the
proposed project COULD NOT have a significant effect on the environment; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented
in connection with the hearing: and
WHEREAS, at the conclusion of its public hearing on January 16, 2001, the City Council
recommended approval of Case Nos. 5.0891 and 5.0893 subject to the findings herein;
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that the proposed project could not have
a significant effect on the environment.
Section 2: Given the physical characteristics of the site, the development of the site will more HC
closely associate with the shopping center located to the east of the site rather than
any residential uses located to the west of the site.
Section 3: The amendment to the General Plan will result in the proposed change of zone
being in conformity with the General Plan Map and Report.
Section 4: The subject property is suitable for the uses intended in the General Plan
designation and 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.
Section 5: The proposed change of zone and change of General Plan designation is
necessary and proper at this time, and is not likely to be detrimental to the adjacent
property or residents.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby
approves Case Nos. 5,0891 (Change of Zone) and 5.0893 (General Plan Amendment) as shown
on Exhibit A.
ADOPTED this day of 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM AWL
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Case Number 5.0893
General Plan Amendment
Exhibit A y(�
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,
AMENDING THE ZONING MAP BYAPPROVING A CHANGE OF
ZONE FROM W-R-2 (WATER COURSE AND LIMITED MULTI-
FAMILY RESIDENTIAL ZONE)TOW-C-1 (WATERCOURSEAND
RETAIL BUSINESS ZONE)LOCATED ON MATTHEW DRIVE,EAST
OF CHEROKEE WAY AT 4601 MATTHEW DRIVE, W-R-2 ZONE,
SECTION 30.
- - - - - - - - - - - - - - -
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1.Pursuant to Section 9407.00.13 of the Palm Springs Zoning Ordinance, the official
zoning map of the City of Palm Springs, referred to herein, is hereby amended as follows:
Change of Zone from W-R-2 to W-C-1
The parcel of property legally shown on Exhibit A is approved for a change of zone from W-R-2 to
W-C-1 specifically on Matthew Drive, east of Cherokee Way on file in the Planning & Zoning
Department, Case 5.0891.
SECTION 2.EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)days after
passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the
passage of this Ordinance,and to cause thesame or summary thereof ora display advertisement,
duly prepared according to law, to be published in accordance with law.
ADOPTED THIS day of 2002.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED & APPROVED: ,GIB
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Case Number 5.0891
Zoning Map Amendment
Exhibit A