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HomeMy WebLinkAbout1984ORDINANCE NO. 1984 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 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 Department of Planning Services has implemented an annual process to correct errors and provide minor updates to the Palm Springs Zoning Code as a means to keep the zoning ordinance current with City policies and procedures. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the annual update (Case 5.1466 ZTA) was given in accordance with applicable law. C. On February 13, 2019, a public hearing on the proposed Zone Text Amendment was held by the Planning Commission in accordance with applicable law, at which hearing the Planning Commission voted 7 to 0 to recommend approval of the proposed amendments. D. On March 6, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. E. The proposed text amendment is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)]. Furthermore, the whole of the Ordinance is exempt because the code amendment is not a "project" as defined by Section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)]. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. Ordinance No. 1984 Page 2 would: G. The City Council finds that approval of the proposed Zone Text Amendment 1. Correct discrepancies in zoning code regulations; 2. Align language in the zoning code with recent code amendments; 3. 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 and through this ordinance. SECTION 2. Amend Section 91.00.03 of the Palm Springs Zoning Code to delete the following language: C. Chapter 83 of the Palm Springs Ordinance Code ("Antennas") is repealed, being replaced by Section 93.08.00 of this Zoning Code. SECTION 3. Amend Section 91.00.04(A)(4) of the Palm Springs Zoning Code to add the following Open Space Zone and to renumber of the list accordingly: e. ESA-SP Environmentally sensitive area specific plan zone; SECTION 4. Rescind and replace Section 91.00.06(A) and (B) of the Palm Springs Zoning Code as follows: A. Filing. The original of the official zoning map shall be kept on file with the city clerk and shall constitute the original record. A copy of the map shall also be filed with the Department. B. Amendments to the Zoning Map. All amendments and changes shall be published by the city clerk within fifteen (15) days after passage of such amendments. This data, together with the ordinance indicating such amendment or zone change, shall be filed with the city clerk. A new amended official zoning map shall be prepared by the planning division showing all changes and amendments enacted. Such zoning map shall thereafter be filed with the city clerk and the Department. SECTION 5. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to delete the following terms: Ordinance No. 1984 Page 3 "Accessory living quarters" means a dwelling that is not provided with kitchen arrangements, nor other provisions for meal preparation. "Advertising structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure. "Billboard" means the same as "Advertising structure." "Breezeway" means a roofed passageway, open on at least two (2) sides where the roof is structurally integrated with the structure of the main building. "Clinic" means a place for group medical services to human patients not involving the overnight housing of human patients. Dwelling, Guest. "Guest dwelling" means living quarters within an accessory building which occupies not more than one -fiftieth (1/50) of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no cooking facilities or kitchen, except where otherwise permitted by a conditional use permit. Freeway, Landscaped. A "landscaped freeway" means a freeway which is landscaped and maintained by a public authority. "Medical Cannabis Cultivation Facility" means an enclosed facility where medical cannabis is cultivated and processed only for distribution to a licensed Medical Cannabis Cooperative or Collective. "Medical Cannabis Dispensary" means a premises where medical cannabis, medical cannabis product, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, and where the operator holds a valid medical cannabis business permit from the City of Palm Springs authorizing the operation of a dispensary, and a valid state license as required by State Law to operate a dispensary. "Outdoor advertising" means and includes the definitions of "Advertising structure" and "Sign." "Ranchette" means a single-family dwelling on a large lot, including land under open space or limited development easement or covenant. "Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotic addicts. Ordinance No. 1984 Page 4 "Walk -away business" means a business which sells primarily at retail certain items readily prepared for immediate consumption without facilities customarily incident to a restaurant operation, including water service; such foods shall be limited to the following: ice cream, candies, sandwiches and soft drinks. SECTION 6. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Attached" as follows: "Attached" means two (2) structures which are structurally integrated with each other by supporting members. SECTION 7. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Carport" as follows: "Carport" means a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile storage for the occupants of the premises and may include enclosed storage lockers for such occupants. SECTION 8. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Dwelling, Single -Family" as follows: Dwelling, Single -Family. "Single-family dwelling" means a detached building designed primarily for the use of a single family. SECTION 9. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Home improvement center" as follows: "Home improvement center" means a retail establishment providing the sale or rental of building supplies, construction equipment, nursery plants or home decorating fixtures and accessories. A home improvement center does not include industrial applications such as contractor's supply, wholesaling, bulk building supplies, or industrial type uses, such as milling, planing, and major cutting of lumber or cutting or threading of pipe. SECTION 10. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Hospital" as follows: "Hospital" means a building or group of buildings wherein clinical, temporary and emergency room services of a medical and or surgical nature are provided to patients on an inpatient and outpatient basis. The use may include related accessory facilities such as laboratories, outpatient services, training facilities, and staff facilities. SECTION 11. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Hotel" as follows: Ordinance No. 1984 Page 5 "Hotel" means any building or portion thereof containing five (5) or more guest rooms used by five (5) or more guests, for compensation, where provision for cooking may be made in a limited number of individual suites, and which rooms are designed and intended as temporary or overnight accommodations. The hotel use may also include limited accessory uses, primarily for the convenience of hotel guests. Also see "Hotel, Resort." SECTION 12. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Lot Line, Front" as follows: Lot Line, Front. On an interior lot, the "front lot line" is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the "front lot line" is the shorter property line abutting a street, unless the Director determines an alternate development pattern exists and/or there is just reason to define the longer property line as the front line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reversed corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line, for purposes of compliance with yard and setback provisions of this Zoning Code. SECTION 13. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Mobilehome park" as follows: "Mobilehome park" means an area or tract of land where one or more mobile home lots are sold, rented or leased to accommodate mobile homes and any associated accessory structures or uses. SECTION 14. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Net lot area" as follows: "Net lot area" means the total horizontal area within the lot lines of a lot or within the property lines of a lot or parcel, and after all streets and other dedications have been complied with and to which development standards of this Zoning Code shall apply. For hillside lots, the calculation of net lot area does not include those portions of the lot in excess of 30% slope. SECTION 15. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to rescind and replace the definition for "Story" as follows: "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. See also "basement." SECTION 16. Amend Section 91.00.10(B) of the Palm Springs Zoning Code to add the following definition: Ordinance No. 1984 Page 6 "Department" means the Department of Planning Services, unless otherwise specified herein. SECTION 17. Amend Section 92.01.01(A)(2) of the Palm Springs Zoning Code with the language as follows: 2. Accessory buildings and uses customarily incident to the permitted uses when located on the same lot therewith. It is unlawful to construct, erect or locate any accessory building without a permitted main building. SECTION 18. Amend Section 92.01.01(D)(1) of the Palm Springs Zoning Code to delete the following language: 1. Accessory apartments subject to the provisions of Section 93.18.00; SECTION 19. Amend Section 92.01.03(C)(2)(b) of the Palm Springs Zoning Code with the language as follows: b. Corner lots substandard in width ten (10) feet or greater than the zone requirement shall have a side yard on the street or thoroughfare side of not less than twenty (20) percent of the width of the lot but in no case shall such yard be less than fifteen (15) feet in width for R-1-A, R-1-AH, R-1-B, R-1-C, R-1-D, and R-1-E zones respectively. SECTION 20. Amend Section 92.04.01(D)(20) of the Palm Springs Zoning Code with the language as follows: 19. Time-share projects subject to the provisions of 93.23.11; SECTION 21. Amend Section 92.09.01(C)(1) of the Palm Springs Zoning Code to add the following use and renumber all following uses accordingly: h. Health clubs and athletic clubs. SECTION 22. Amend Section 92.09.01(D)(6) of the Palm Springs Zoning Code to delete the following use and renumber all following uses accordingly: 6. Health clubs and athletic clubs. SECTION 23. Amend Section 92.12.01(A)(29) of the Palm Springs Zoning Code with the revised language as follows: 29. Hotels and resort hotels; Ordinance No. 1984 Page 7 SECTION 24. Amend Section 92.21.01(A)(3)(a) of the Palm Springs Zoning Code with the revised language as follows: a. Sale of food and refreshments, SECTION 25. Amend Section 93.06.00(D) of the Palm Springs Zoning Code to add the following parking requirement and renumber the following list accordingly: 23. Personal Services. One (1) space for each three hundred (300) square feet of gross floor area. SECTION 26. Amend the title of Section 93.23.15 of the Palm Springs Zoning Code with the correction as follows: 93.23.15 Special Standards for Specified Medical and Adult Use Cannabis Facilities SECTION 27. Amend Section 94.02.01(C)(2)(e) of the Palm Springs Zoning Code with the revised language as follows: e. Temporary special events, such as circuses, carnivals, festivals, and other similar temporary events; SECTION 28. 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) of provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 29. The proposed text amendment is categorically exempt from further review per the State CEQA Guidelines (California Code Regulations § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment [§ 15060(c)(2)]. Furthermore, the whole of the Ordinance is exempt because the code amendment is not a "project" as defined by Section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment [§ 15060(c)(3)]. SECTION 30. 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. 1984 Page 8 ADOPTED THIS 20H DAY OF MARCH, 2019. ATTEST: ANTHONY CITY CLEF ti 1 + ROBERT M N MAYOR 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. 1984 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t" day of March, 2019, and adopted at a regular meeting of the City Council held on 20th day of March, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon 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 &,-I i F�'i