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Home My WebLink AboutOrd 1122 CZ 06-02* Continued consideratin of Ord. No. 1122 and instructed staff to renotice the amended plan for the project to be heard at the next meeting. 4-0 MEETING GATE OOlo!TItjJF0 TO -0 2 ORDINANCE NO. 112 0 PASSEDTO 2iVE? READINGAN ORDINANCE OF THE CITY COUNCIL"Ur" r ri'c PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM PR-5 TO PC-3 AND FROM PR-5 TO PR-17 FOR A 19.6-ACRE SITE NORTH OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND COLLEGE DRIVE, 37-755 COOK STREET. CASE NO. C/Z 06-02 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A." SECTION 2: That a Negative Declaration of Environmental Impact is hereby certified as shown on the attached Exhibit "B." SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES FERGUSON, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California /0^11 �'► �k CL.�}INOW�q14 - a �JULIE LN� Gf JERf Ill COSMOPOLITAN LN ' ' I VOI#7L iA KDi �LI I,j n - i A z PUCE W II I I P fIE � �L�NI ll�ll4K�--J ICR JJnRE �I t L. �K NQVELLI KOKOPELL. J`f l Ll CIR E I C/O-L1LEC�EW.N(CILLEIE 11I / 'C JINELLN RI I I �I ' R E UNVERSITPOINTE CT AISY a PELF PL I City of Palm Desert &TAL , r� .'RANK SINATRA-DP L` PR-5 TO PC-3 Y O t1, ` lii - DESMI PR-5 TO PR-17 Case No. C/Z 06-02 CHANGE OF ZONE EXHIBIT A CITY COUNCIL ORDINANCE NO. 1122 Date: ORDINANCE NO. 1122 EXHIBIT B NEGATIVE DECLARATION CASE NO: C/Z 06-02 APPLICANT/PROJECT SPONSOR: Sinatra and Cook, LLC 828 North Ogden Drive Los Angeles, CA 90046 PROJECT DESCRIPTION/LOCATION: A change of zone, precise plan of design, and Negative Declaration of Environmental Impact to allow construction of 260 residential apartments units and a 38,000 square foot neighborhood commercial center on 19.6 +/- acres north of Frank Sinatra between Cook Street and College Drive, 37-755 Cook Street. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. June 6. 2006 PHILIP DRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 3 07/12/2006 10:02 FAX AIM*., Z 002 July 11, 2006 VIA FACSIMELE A ND FERST CLASS MAIL Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jemi M. Benson Councilmember Robert A. Spiegel City of Palm Desert 73-510 Fred Waring Drivc Palm Desert, California 92260 Re: Case No. C/Z 06-02 and PP 06-01 Dear Members of thu Palm Desert City Council: Allen Matkins www. all en matkins. c o m Allen MaWas Lock Gamble Mallory & Narsis LLP Auomeys at law 515 South FiSucroa, 7 h Floor I Los Angeles, CA 90071 3398 Tc1cp1%mc: 213.6225555 i Facwim1c: 213.620.8816 Patrick A. Petry Frcrotl: ppetly@QcnTm*ias.=n Dirnt Dial: 213 955 5304 Ff1C Null a 57548-0091L.A724773.01 This firm represents Sinatra and Cook Project, LLC ("SCP") in connection with its application for approval of the above referenced zone change and precise plan to develop 260 residential units and 38,000 square feet of neighborhood serving commercial uses (the "Project") on the property located generally at 37-755 Cook Street (the "Property"). On June 22, the City Council adopted Resolution No. 06-107 approving the precise plan and passed Ordinance No. 1122 on dust reading for the requested zone change. Resolution No. 06-107 and Ordinance No. 1122 were both approved by a 3-2 vote, with Councamember Crites voting in favor. Further action on Resolution No. 06-107 is not required, but the required second reading of Ordinance No. 1122 is scheduled to be considered by the City Council on July 13, 2006. State law requires legislative acts by local governments to be approved by a majority of the members of the legislative body. SCP is concerned that with the recent resignation of Councilmember Crites, a majority of City Council members may not vote in favor of Ordinance No. 1122 on second reading. SCP understands that the requested zone change for the Property is required because the zoning designation of the Property is not consistent with the Property's land use designation as set forth in the Palm Desert General Plan. The current General Plan land use designation for the Property is Mixed Use (MU) — Commercial/kbigh Density (R H), 10 to 22 dwelling units per acre. The current zoning designation for the Property is P.R-5, Planned Residential, five dwelling units per acre. Section 65860 of the California Government Codc rcquircs zoning ordinaanccs to be consistent with adopted general plans. Govemment Code section 65860(c) specifically provides that "[iln the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to Los Angeles I Orange County 1 San Ne®o I Century City I San Frmcirao I Del Agar Heights Received Jul-12-06 10:01am From- To -PALM DESERT CITY CLE Page 02 07/12/2006 10:02 FAX 0 003 Allen Mat]oass Leak Gamble MaIImy & Nst m UP Atumneyo at Law Mayor Jim Ferguson July 11, 2006 Page 2 the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended." The City's General Plan was amended in 2004 to change the land use designation of the Property from Low Density Residential to Mixed Use. The P.R-5 zoning designation of the Property is not consistent with the Mixed Use designation of the Property in the: Gcncral Plan_ If the City Council fails to change the zoning designation of the Property as proposed in Ordinance No. 1122, the City will be in violation of section 65860 of the Government Code. Approval of Ordinance No. 1122 is therefore necessary in order to achieve compliance with Stare law. In addition to the existing inconsistency between the General Plan and zoning designations of the Property, failure to approve the Project will result in consnderable hardship to SCP. The City recently issued appniximatcly S70 million in bonds for public infrastructure improvemcnts to bcncfit the Property and surrounding properties_ SCP is required to pay special taxes on the Property in the annual amount of S400,000 to repay the bonds. The Property cannot support the special tax assessment unless the Property can be developed with sufficient density to generate an acceptable rate of return. The amount of the special tax also renders the Property unmarketable in the absence of significantly greater development potential. SCP would accordingly experience a. substantial hardship if the City denies SCP's ability to dcvelop the Prvjcct as prvpvscd. SCP accordingly requests the City Council to approve Ordinance No_ 1122 on second reading and permit SCP to proceed with the development of the Project at this time. Your thoughtful consideration of this matter is greatly appreciated. Please call with any questions or if I can provide further information with respect to this issue. Vcry truly yours, P-, /.� e, � Patrick A. Perry PAP:lvb cc: W. Carlos C)rtcga David Erwin, ):sq. Received Jul-12-06 10:01am From- To -PAID DESERT CITY C1E Page 03 07/12/2006 10:02 FAX Q 001 RECEIVED CITY CLERK'S OFFICE PALM DESERT, CA 2006 Jul. 12 AM 10: 11 Facsimile Allen Matkins www.aIlgnmatkins.com Alkn Ms&ins Leck Gamble Mallory & Nauis LV To: City Council Fax:41Q344-6A4 ( Phone: 760.346.0611 H t.0) 3qp— be.-7 or Comments: From: Patrick A. Perry Telephone: 213.9 5 5.5 5 04 E-mail: ppeny@allenmatkins.com File Number: S7548-009/ . Data: July 12, 2006 Total pages including cover sheet: 03 Original will be scat via: Q mall ❑ messenger ❑ fedea/coutier ❑ not scat Note: The information eontaitred in this facAni a document is covidentid and is intended only for the use of the individual named above. If the reader of this rnemage is not the intended necipleat. you are hereby notified that airy dissembuNka. dlstrlbwion or copying of this communication is alrktty proh1M" tf jou have rocavod this cawm dnicar wr in error. plcare inum-dratcty not6 ear by eck7hone and renew the ortMal document to us at dre obese address via U.S Mort We wW re1mburse you for dtepostage. 7hankyou Los Angeles I Orange County I San Diego I Cemury City I Sun Francisco I Del Mar Heigh" 515 South Figwrm 7m Floor I Los Angeles, CA 90071-3398 I Telephone: 213.622.5555 I Facsimile 213.620.8816 Received Jul-12-06 10:01am From- To -PALL DESERT CITY CLE Page 01