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HomeMy WebLinkAbout2028ORDINANCE NO. 2028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 92.29.00 TO CHAPTER 92 OF THE PALM SPRINGS ZONING CODE RELATING TO THE ESTABLISHMENT OF FOOD DESERT OVERLAY ZONES. City Attorney's Summary This Ordinance amends the Palm Springs Zoning Code to allow the Planning Commission to establish Food Desert Overlay Zones as a means to encourage the development of grocery store uses in underserved areas. This ordinance is intended to promote public health and welfare by reducing barriers to food access. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and D. On June 10, 2020, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1507 ZTA, an ordinance amending the Zoning Code to allow for the establishment of Food Desert Overlay Zones (the "Zoning Text Amendment") and, by a 7 to 0 vote, approved Resolution #6818 recommending approval of the Zoning Text Amendment to the City Council; and E. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and F. On July 23, 2020, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with Ordinance No. 2028 Page 2 applicable law where, by a 5 to 0 vote, the City Council adopted the Zoning Text Amendment; and G. The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law; and H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and I. The City Council hereby finds that approval of the proposed Zoning Text Amendment would: 1. Assist in implementing Goal LU 1 of the Land Use Element of the City of Palm Springs General Plan by encouraging a balance of land uses within neighborhoods and providing positive economic results, 2. Provide high -quality sustainable commercial development in underserved neighborhoods as supported by Goal LU4 of the Land Use Element of the City of Palm Springs General Plan; 3. Encourage the development grocery store uses in existing commercial areas as currently permissible under Chapter 92 of the Palm Springs Zoning Code; and 4. Promote public health and welfare by improving access to healthy and affordable food. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance. SECTION 2. Add Section 92.29.00 to Chapter 92 of the Palm Springs Municipal Code to read as follows: 92.29.00 "FD" Food Desert Overlay Zone. A. Purpose. The purpose of the "FD" Food Desert Overlay Zone is to Ordinance No. 2028 Page 3 encourage the development of qualifying grocery businesses in areas within the City that are categorized as "food deserts," which are defined as neighborhoods where residents have limited access to healthy and affordable food. The "FD" Food Desert Overlay Zone is intended to address food access issues in underserved neighborhoods by offering zoning incentives as a means to encourage new qualifying grocery store operators to locate within these neighborhoods in either rehabilitated existing structures or new structures. The establishment of the "FD" Food Desert Overlay Zone addresses public health and welfare issues by encouraging commercial uses that provide basic necessities in close proximity to disadvantaged residential areas. B. Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows: "Census Tract" means a small statistical subdivision of a county or equivalent entity, as defined and established by the U.S. Census Bureau. "Household income" means the combined gross income of all members of a household, as defined and established by the U.S. Census Bureau. "Median household income" means the income figure that divides household income in a given geographic area into two equal parts: one-half of the cases falling below the median and on -half above the median, as defined and established by the U.S. Census Bureau. "Poverty level" means the minimum level of household resources that are adequate to meet basic needs, as defined and established by the U.S. Census Bureau. "Qualifying grocery store" means a store with a minimum of five thousand (5,000) and a maximum of sixty thousand (60,000) square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries, including meats, dairy, and produce. The incidental sale of liquor and/or alcohol products may be permitted in conjunction with a qualifying grocery store, but shall not exceed thirty percent (30%) of the floor area or sales volume. C. Location. The "FD" Food Desert Overlay Zone may be established only in qualifying census tracts and only as an overlay to an underlying zoning district. A census tract qualifies as an eligible location for the "FD" Food Desert Overlay Zone if it meets all of the following criteria: The census tract or a portion thereof is located greater than Ordinance No. 2028 Page 4 one (1) mile from an operating grocery store, with a minimum of five thousand (5,000) square feet of gross floor area that offers a full line of dry groceries, canned goods, and perishable groceries; and 2. The median household income of the census tract is at or below the median household income for the city of Palm Springs as a whole, as established by the most recent American Community Survey of the U.S. Census Bureau; and 3. The poverty level for the census tract is fifteen (15) percent or greater, as established by the most recent American Community Survey of the U.S. Census Bureau. Upon determining that a census tract qualifies for inclusion in the "FD" Food Desert Overlay Zone, the Director shall prepare a resolution for adoption by the Planning Commission, providing the findings for establishment of the overlay zone and defining the boundaries thereof. Once approved by the Planning Commission, the resolution shall be maintained on file in the Department. D. Zoning. A qualifying grocery store may be located in any commercial or industrial zone district within a "FD" Food Desert Overlay Zone, subject to obtaining a Conditional Use Permit as provided below. E. Application Processing and Review. Applicants for a qualifying grocery store use within a "FD" Food Desert Overlay Zone shall be subject to the following procedures: New Building Construction: For the construction of a qualifying grocery store use in a new building, applicants shall file a Conditional Use Permit application in accordance with PSZC Section 94.02.00. Upon receipt of a completed application, the City shall have sixty (60) days to act upon the application. No Major Architectural application shall be required for submittal in conjunction with the Conditional Use Permit application. 2. Renovation or Limited Expansion of an Existing Building/No Accessory Use Requiring a CUP: When a new qualifying grocery store use is located within an existing building, no Conditional Use Permit application shall be required for that use, provided the proposed renovation/expansion of the existing building does not increase the existing gross floor area by more than twenty-five percent (25%). 3. Significant Expansion of an Existing Building/Accessory Use Requiring a CUP: When a new qualifying grocery store use Ordinance No. 2028 Page 5 is located within an existing building, and an expansion of the existing building is proposed which will increase the existing gross floor area by more than twenty-five percent (25%), the application shall be treated as one for new building construction pursuant to subsection (E)(1). 4. Accessory Uses: Accessory uses, such as gasoline sales or other similar commercial uses, may be permitted in conjunction with a qualifying grocery store use where allowed by the underlying zoning district. Where the underlying zoning district regulations require approval of a Conditional Use Permit application for the accessory use, a separate Conditional Use Permit application shall be required for the accessory use. F. Zoning Incentives. Applicants for the establishment of a new qualifying grocery store use in a "FD" Food Desert Overlay Zone are eligible for the following incentives: Waiver of Major Architectural Application. The requirement for filing a Major Architectural application, pursuant to PSZC Section 94.04.00, shall be waived for new construction or renovation/expansion of an existing structure for a qualifying grocery store use. Review of the site plan and architectural treatment for any new structures shall be conducted as part of the review of the applicable Conditional Use Permit application. 2. Flexibility in Specified Development Standards. The following development standards may be waived, reduced or relaxed upon approval of an administrative Minor Modification application pursuant to PSZC Section 94.06.01: a. Parking. The minimum parking requirements for a qualifying grocery store use pursuant to PSZC Section 93.06.00 may be reduced by up to thirty percent (30%). b. Setbacks. Required side and rear yard setbacks may be reduced by up to twenty-five percent (25%) or fifteen (15) feet, whichever is less, for a qualifying grocery store structure. C. Height. Height limits may be increased by up to fifteen percent (15%) for a qualifying grocery store structure. d. Separation Distance. Required separation distances between commercial uses and residential zones may be reduce for the new building construction of Ordinance No. 2028 Page 6 qualifying grocery stores, subject to all of the following: 1) Any commercial building shall be located a minimum of fifteen (15) feet from any property line that abuts a residential zone; 2) A decorative six (6) foot high masonry wall shall be installed at the common property line between the commercial use and the residential zone; 3) A landscape buffer with a minimum depth of five (5) feet shall be provided along the common property line between the commercial use and the residential zone; and 4) Drought -tolerant shade trees shall be installed at twenty (20) foot intervals in the landscape buffer area along the common property line between the commercial use and the residential zone. The landscape and buffer requirements listed above in subparagraph (d) may be waived for qualifying grocery store uses located in a renovated or expanded existing building under subsection (E)(2) as part of an Administrative Minor Modification. SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 2028 Page 7 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 6T" DAY OF AUGUST, 2020. A EST: 'V HONY I MEJI , CITY CLER d�71f •.. - 11: •: CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2028 is a full, true, and correct copy, and was introduced at a special meeting of the Palm Springs City Council on July 23, 2020, and adopted at a regular meeting of the City Council held on August 6, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this Ci4-- day of �p,�,r►�b�,f , Zo Z �ON JIA, M CITY CLERK