HomeMy WebLinkAbout2041ORDINANCE NO. 2041
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE
PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA).
City Attorney's Summary
This Ordinance provides for an update to certain terms,
standards and regulations of the Palm Springs Zoning code
as part of an annual process to keep the City's zoning
ordinance up to date. The proposed changes have been
identified by staff and the City Attorney in working with and
applying zoning regulations. No major policy changes are
proposed as part of this annual update.
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
Development Services Director is authorized to initiate proceedings and recommend
amendments to the Zoning Code; and
D. On February 24, 2021, the Planning Commission conducted a duly noticed
public hearing to consider Case 5.1466 ZTA, an ordinance proposing minor corrections
and additions to the Zoning Code and, by a vote of 4 to 2, approved Resolution #6737
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 March 11, 2021, a duly noticed public hearing on the proposed Zoning
Text Amendment was held by the City Council in accordance with applicable law where,
by a 5 to 0 vote, the City Council adopted the Zoning Text Amendment; and
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Page 2
G. The proposed Zoning Text Amendment Ordinance is not subject to the
California Environmental Quality Act ("CEQK) (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. Correct technical discrepancies in Zoning Code regulations;
2. Align language in the Zoning Code with other recent code amendments;
3. Bring certain zoning requirements into conformance with State law;
4. Implement goals and policies of the General Ps they relate to land use
issues; and
5. Assist staff, elected and appointed officials, and the general public in
interpreting and applying zoning regulations.
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. Amend Section 91.00.10(B) ("Definitions') to add the following
definition:
"Animal Day Care" means a facility where care, recreation, supervision, and/or
training is provided for animals for periods of less than twenty-four (24) hours.
SECTION 3. Amend Section 91.00.10(B) ("Definitions') to rescind and replace the
definition for "Temporary Structure" as follows:
Structure, Temporary. "Temporary Structure" means a structure which is readily
movable and use or intended to be used for a period not to exceed eighteen (18)
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Page 3
months. Such structure shall be subject to all applicable property development
standards for the zone in which it is located.
SECTION 4. Amend Section 92.01.03(B)(5) ("Building Envelope") to rescind and
replace the building envelope and height restrictions for the R-1 zone districts as follows:
5. Building Envelope. Buildings shall not exceed one (1) story and twelve (12)
feet in height at the minimum setback. From the minimum setback, the
height may be allowed to increase along a plane which has a slope of 4:12,
until a building height of eighteen (18) feet is attained. Gable ends, dormers,
shed roof eaves, butterfly or folded -plate roofs, and front entrance
treatments, not exceeding fifteen (15) feet in height, may encroach past the
building envelope limits. These regulations may be modified by the planning
commission for hillside lots pursuant to Section 94.06.01.
SECTION 5. Amend Section 92.01.03(B)(6) ("Garages/Carports') to rescind and
replace the requirements for garages and carports in the R-1 zone districts as follows:
6. Garages/Carports. Garages shall be located not less than twenty-five (25)
feet from the property line abutting the street from which such garage has
vehicular access and twenty-five (25) feet from the opposite side of the alley
from which such garage has vehicular access. In the R-1-E zone, garages
shall be located not less than twenty (20) feet from the front and side front
property lines. Garages may be detached from the main building in the R-
1-A, R-1-AH and hillside areas only.
SECTION 6. Amend Section 92.03.03(C) ("Density) to rescind and replace the
density requirements for R-2 zone district as follows:
Density. Density shall be consistent with the General Plan designation for the
subject site.
SECTION 7. Amend Section 92.04.03(C)(2) ("Density') to rescind and replace the
density requirements for multifamily developments in the R-3 zone district as follows:
2. Multiple -family Dwellings. Density shall be consistent with the General Plan
designation for the subject site.
SECTION 8. Amend Section 92.05.03(C)(2) ("Density') to rescind and replace the
density requirements for multifamily developments in the R-4 zone district as follows:
2. Multiple -family Dwellings. Density shall be consistent with the General Plan
designation for the subject site.
SECTION 9. Amend Section 92.08.01(A) ("Uses Permitted) to add the following
uses to the P zone district and to renumber all following uses accordingly:
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2. Animal day care;
3. Animal hospitals, including kennels as an accessory use;
SECTION 10. Amend Section 92.08.01(C) ("Uses Permitted by Land Use Permit')
to add the following use to the P zone district and to renumber all following uses
accordingly:
1. Banks, health clubs and restaurants; provided that such uses in total
comprise less than fifty (50) percent of the total floor area of a professional
complex;
SECTION 11. Amend Section 92.08.01(D) ("Uses Permitted by Conditional Use
Permit') to delete the following use from the P zone district:
3. Animal hospitals, including kennels.
SECTION 12. Amend Section 92.08.01(D) ("Uses Permitted by Conditional Use
Permit') to delete the following use from the P zone district and to renumber all following
uses accordingly:
1. Banks, health clubs and restaurants; provided that such uses in total
comprise less than fifty (50) percent of the total floor area of a professional
complex;
SECTION 13. Amend Section 92.08.03(D)(2) ("Yards') to rescind and replace
subsection 2 as follows:
2. Where property in the "P" zone abuts a street, there shall be a yard abutting
such street of not less than twenty-five (25) feet which shall not be used for
parking where abutting Major or Secondary Thoroughfares as defined by
the General Plan.
SECTION 14. Amend Section 92.12.01(C)(1) ("Uses Permitted by Land Use
Permit') to add the following use to the C-1 zone district and to renumber all following
uses accordingly:
a. Animal day care;
SECTION 15. Amend Section 92.14.01(C)(1) ("Uses Permitted by Land Use
Permit') to add the following use to the C-2 zone district and to renumber all following
uses accordingly:
a. Animal day care;
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SECTION 16. Amend Section 92.14.1.01(A) ("Uses Permitted") to add the
following use to the HC zone district and to renumber all following uses accordingly:
2. Animal day care;
SECTION 17. Amend Section 92.15.01(A) ("Uses Permitted') to add the following
uses to the C-M zone district and to renumber all following uses accordingly:
3. Animal day care;
4. Animal hospitals, including kennels;
SECTION 18. Amend Section 92.15.01(D) ("Uses Permitted by Conditional Use
Permit') to add the following use to the C-M zone district and to renumber all following
uses accordingly:
8. Kennels;
SECTION 19. Amend Section 92.16.01(A)(3) ("Uses Permitted') to add the
following use to the M-1-P zone district and to renumber all following uses accordingly:
a. Animal day care;
SECTION 20. Amend Section 92.17.01(A) ("Uses Permitted') to add the following
use to the M-1 zone district and to renumber all following uses accordingly:
4. Animal day care;
SECTION 21. Amend Section 92.17.1.01(A) ("Uses Permitted') to add the
following uses to the M-2 zone district and to renumber all following uses accordingly:
3. Animal day care;
4. Animal hospitals, including kennels;
SECTION 22. Amend Section 92.17. 1.01 (D) ("Uses Permitted by Conditional Use
Permit') to add the following use to the M-2 zone district and to renumber all following
uses accordingly:
12. Kennels;
SECTION 23. Amend Section 92.21.03(C) ("Density') to rescind and replace the
density limitations in the 0 (Open Space) zone as follows:
C. Density. The minimum lot area per dwelling unit shall be five (5) acres in
the "0-5" zone, and twenty (20) acres in the "0-20" zone, except as
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provided in Section 92.21.01.
SECTION 24. Amend Section 92.21.03(G) ("Distance Between Buildings") to
rescind and replace the building separation requirements in the O (Open Space) zone as
follows:
G. Distance Between Buildings. The minimum distance between buildings
shall be fifteen (15) feet, except as otherwise provided in this section.
SECTION 25. Amend Section 92.23.03(D)(2)(b) ("Building Height') of the
development standards for the C-U (Civic Uses District) zone to rescind and replace
subsection (b) as follows:
b. When C-U zoned property directly abuts R-1 zoned property, all structures
within one hundred fifty (150) feet of the R-1 property line shall have a height
not to exceed fifteen (15) feet.
SECTION 26. Amend Section 92.25.00 ("R" Resort Overlay Zone) to rescind and
replace the section as follows:
92.25.00 "R" Resort Overlay Zone
A. The economic growth and development of the city of Palm Springs is
dependent in large part on the impact of the millions of people who visit the
community each year seeking the recreational activities, a pleasant
convention environment and relaxation for which Palm Springs has become
known. The "R" resort overlay zone is intended to prioritize the development
of accommodations and services for these visitors while allowing supporting
and complementary land uses.
B. The "R" zone may be established only in conjunction (as an overlay
symbol) with other zones.
C. Uses shall be as provided in the underlying zone with which the "R" zone
is combined.
SECTION 27. Amend Section 93.01.00(F)(6) ("Swimming Pools') to rescind and
replace the encroachment allowance for swimming pools as follows:
6. Swimming Pools.
a. No swimming pool equipment pit shall be located closer than two (2)
feet from any property line nor within any public utility easement. In
no case shall any access opening to the equipment pit be closer than
five (5) feet to any property line. Swimming pool equipment installed
at grade shall be subject to the locational requirements in subsection
Ordinance No. 2041
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(G) below.
b. No swimming pool shall have its water perimeter closer than five (5)
feet from any front property line, or closer than three (3) feet from
any side or rear property line. Swimming pools and any associated
formwork shall not be located within any public utility easement.
SECTION 28. Amend Section 93.02.00(D)(2) ("Protection of Intersection
Visibility') to rescind and replace the requirements for corner cutback areas as follows:
2. In the corner cutback area, visual obstructions are defined as any object
that may block the view of motorists including utility vents, hills, walls, signs,
street furniture or landscaping which exceeds a height of three and one-half
(3-1/2) feet above the nearest street pavement surface.
SECTION 29. Amend Section 93.06.00(B)(3)(e) ("Nonconforming Parking') to
rescind and replace the exception for historic buildings as follows:
e. Exception. Class 1 and Class 2 historic buildings shall be exempt from the
requirement to provide additional parking or pay in -lieu fees for any new use
allowed by the Zoning Code for the zone in which the historic building is
located.
SECTION 30. Amend Section 93.20.04(B)(1) ("Prohibited Signs') to rescind and
replace the replace the following text relative to prohibited signs:
Animated Signs, including without limitation signs which rotate, move flash,
reflect, blink or appear to do any of the foregoing shall be prohibited. This
includes, but is not limited to signs twisted or twirled by individuals, flags,
banners, pennants, inflatable objects and balloons, unless otherwise
authorized in Section 93.20.08 or approved as a permanent architectural
feature pursuant to Section 94.04.00 (Architectural review), or Section
93.20.10 (Signs —General Provisions).
SECTION 31. Amend Section 93.20.09(D) ("Temporary Signs') to rescind and
replace the exception for temporary signs in public rights -of -way as follows:
D. Exception re: Temporary Signs in Right -of -Way. The owner or resident of a
property in a residential zone, or an authorized agent thereof, may place
temporary signage consistent with Subdivision 93.20.09(A) in right-of-way
provided that there is no sidewalk located in the right-of-way in question,
the right of way in question is landscaped or otherwise improved, and the
property in question extends up to a hedge, fence, wall or other boundary
located five (5) feet or less away from the curb or roadway surface. In the
event that an owner or resident of a residential property places any
temporary signage pursuant to this Subdivision 93.20.09(D), that signage
Ordinance No. 2041
Page 8
shall be placed as close to hedge, fence, wall or other boundary of the
property as possible, and in no event less than three (3) feet from the curb
or roadway surface.
SECTION 32. Amend Section 94.02.00(A)(3) ("Conditional Use Permit') to rescind
and replace subsection (3) relative to temporary structures as follows:
3. A conditional use permit for temporary structures within a present or future
public right-of-way may be granted by the planning commission only when
the property owner applying for such a permit signs an agreement with the
city to remove any such temporary building or structure at his own expense
at a date certain or whenever requested by the city. Action by the planning
commission shall be final unless appealed to the city council. For fences or
walls within the public right-of-way, see Section 94.02.01.
SECTION 33. Amend Section 94.02.01(C)(2) ("Land Use Permits') to add the
following use to the list of uses that are permissible pursuant to the issuance of a Land
Use Permit:
g. Temporary buildings or structures in commercial and industrial zones, for a
period not to exceed eighteen (18) months.
SECTION 34. Amend Section 94.09.00(B) ("Notice') to rescind and replace the
requirements for public hearing notices as follows:
B. Notice. Notice of public hearing shall contain the date, time and place of
the hearing and the identity of the hearing body and the location and
proposed use of the subject property and a general description of the matter
that is the subject of the hearing. Notwithstanding any other provision of
law, when a matter requires a public hearing before both the Planning
Commission (as a recommendation) and the City Council (as final action),
notice of both public hearings may be combined into a single written notice.
The combined notice shall contain the date, time and place of both public
hearings as well as the identity of both hearing bodies and the location and
proposed use of the subject property and a general description of the matter
that is the subject of the hearings. The combined notice shall be published,
posted and mailed as provided in this Section at least 10 days prior to the
Planning Commission public hearing on the matter. The combined notice
need not include the written recommendation of the Planning Commission.
SECTION 35. Amend Section 94.09.00(E)(6) ("Request for Notification') to
rescind and replace subsection (6) as follows:
6. Request for Notification. When a provision of this title requires notice of a
public hearing, the notice shall also be mailed at least 10 days before the
Ordinance No. 2041
Page 9
hearing to any person who has filed a written request for notification with
the City Clerk or the Secretary of the Planning Commission and provided
stamped self-addressed envelopes or a fee as set by City Council.
SECTION 36. Amend Section 94.09.00(E)(8) ("Mailing') to rescind and replace
subsection (8) as follows:
8. Failure of person to receive notice. The failure of any person or entity to receive
notice given pursuant to this title shall not constitute grounds for any court to
invalidate the actions of the city.
SECTION 37. The boundaries of the Resort Overlay Zone shall be modified to
exclude any portion within the boundaries of the Section 14 Specific Plan, as hotels and
resorts within that area are governed by the specific plan standards.
SECTION 38. 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 39. 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 40. 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. 2041
Page 10
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 25T" DAY OF MARCH 2O21.
r
CHRIS ILBERT HOL EGE
MAYOR
hTTEST:
UNA-
ANTHONY MEJ MMC
CITY CLERK
Ordinance No. 2041
Page 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. 2041 is a full, true, and correct copy, and was introduced at a regular meeting
of the Palm Springs City Council on March 11, 2021, and adopted at a regular meeting of the
City Council held on March 25, 2021, by the following vote:
AYES: Councilmember Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege
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'. day of Yc k 2021.
N HONY C
CITY CLER