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HomeMy WebLinkAboutOrd 1122 CZ 06-02 3755 Cook Street 2nd ReadingORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 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: ATTEST: * This item received NO ACTION at this meeting o a tie vote of the City Council, It will, therefore, be placed on the agenda for the August 24, 2006, Meeting. JAMES FERGUSON, Mayor CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHERA/pAdim sit RACHELLE D. KLASSEN, City Clerk MEETING DATE '/ • /�3 • , City of Palm Desert, California NOES:ABSENT: `` .�,. • ABSTAIN: VERIFIED BY: g )riginal on File w -'t City Clerk's Office I� I IjG j±v GiL LN[ II» l 1Nli I I I IIIRC'1 J Q COSMOPOLITAN II �J►bI;TdLI I•ACADLMYLN L� 1 PANT LN—� lllllllhl��l�11111 UNIVERSITY POINT[ CT PLL! PL J a d City of Palm Desert Jj S'[ERALD FORD DR — •n. INK-SINATRA-Dr Proposed Zoning Changes PR-5 TO PC-3 PR-5 TO PR-17 Case No. C/Z 06-02 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. EXHIBIT A Date; ORDINANCE NO. 1122 EXHIBIT B NEGATIVE DECLARATION CASE NO,: C/Z 06-02 APPLICANT/PROJECT SPONSOR: PROJECT DESCRIPTION/LOCATION: Sinatra and Cook, LLC 828 North Ogden Drive Los Angeles, CA 90046 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 II 002 Alen Matkins www.allenmatkins.com Allen Matkins Leek Garble Mallory & Nams ILP Al arneys at Law 515 South Figueroa, 7t' Floor I Los Angeles, CA 90071.3398 Telephone: 213.6225555 Facaimik: 213.620.8816 Patrick A. Perry E.matil: pperry©allcnmatkins-com Dire= Dial: 213 953 3304 File Number 57348-009/LA724773.01 July 11, 2006 VIA FACSIMILE AND FIRST CLASS MAIL Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Robert A. Spiegel City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Case No. C/Z 06-02 and PP 06-01 Dear Members of the Palm Desert City Council: This firm repress 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 first reading for the requested zone change. Resolution No. 06-107 and Ordinance No. 1122 were both ..t,�.,...:.1 by a 3-2 votc, with Councilmember 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/High 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 Code requires zoning ordinances to be consistent with adopted general plans. Government Code section 65860(c) specifically provides that "[i]n the event that a zoning ordiiwnne becomes inconsistent with a general plan by reason of amendment to Los Angeles I Orange Coumy t San Diego I Century City I San Prandsco I bel Mar Heights Received JuI-12-06 10:01am From- To -PALM DESERT CITY CLE Page 02 07/12/2006 10:02 FAX Rosa AllenMatkins Leak Gamble Mallory &Natsis LLP Alsoa„eyo at Law Mayor Jim Ferguson July it, 2006 Pagc 2 the plan, or to any e1nent of the plan, the zoning ordinance shall be amended within a reasonable time so that it is conw.istenl 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 th<: General Plan_ lithe 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 State 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 considerable hardship to SCP. The City recently issued approximately S70 million in bonds for public infrastructure improvements to benefit the Property and surrounding properties_ SCP is required to pay special taxes on the Property in the annual amount of $400,000 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 arketabl,e in the absence of significantly greater development potential. SCP would accordingly experience a substantial hardship if the City denies SCP's ability to develop the Project as proposed. 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. You/ thoughEfu1 consideration of this matter is greatly appreciated. Please call with any questions or if I can provide further information with respect to this issue. PAP:lvb cc: Mr. Carlos Ortega David Erwin, Esq. Very truly yours, /ti/ ,a Patrick A. Perry Received Jul-12-06 10:01am From- To -PALM DESERT CITY CLE Page 03 07/12/2006 10:02 FAX I1001 RECEIVED CITY CLERK'S OFFICE PALM DESERT, CA 2006 JUL 12 AM 10: I 1 Facsimile To: City Council Fax: 634119r74- I Phone: 760.346.0611 En top' 30-10- t7�.'7 4 Comments: Alien Matkins www.allenmatkins.coin Allan Matkins Leck Gamble Mallory & Narsis W.P From: Patrick A. Perry Telephone: 213.955.5504 E-mail: ppenry@allenmatkins.com File Number S7548-009/ . Date: July 12, 2006 Total pages including cover sheet: 03 Original will be scut via: Ill mail ❑ messenger ❑ fcdcx/couricr IJ no scat Nolen The information contained in this facsimile document is confidential and is intended only for the use of the individual named shove. lithe reader of this message is not the intended recrpienl, you are hereby notified that any dissemination. distribution or copying of this communication is :Welty prohlbitt:d Tryon have rcociv. d dais communication in aror, please inuncdiately not6 us by telephone and return the original document to us at the above (address via U... Masi We will rebnbwSe you for to postage: ThankYou- LosAngeles I Orange County I San Diego 1 Century City I San Francisco 1 Del Mar Heights 515 South Fig:iaoa, 701 Floor I Los Angeles, CA 90071-3398 I Telephone: 213.622.55551 Facsimile: 213.620.8816 Received Jul-12-06 10:01am From- To -PALM DESERT CITY CLE Page 01