HomeMy WebLinkAbout2B OCRCITY COUNCIL STAFF REPORT
DATE: MARCH 11, 2021 PUBLIC HEARING
SUBJECT: REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE
ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE
5.1466 ZTA).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY
This is a request for approval of an annual update to the Palm Springs Zoning Code
(PSZC). The proposed update will make minor corrections to the text of the zoning
ordinance, clarify zoning regulations, add or correct definitions, make corrections and
additions to the list of permitted uses, and correct discrepancies in regulations. No major
policy changes are proposed as part of this annual update. It is intended that staff will
conduct an annual update of the zoning code in the first quarter of each calendar year.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. __ , "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING AN
ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466
ZTA)."
STAFF ANALYSIS:
The Palm Springs Zoning Code (PSZC) is one of the City's key tools for implementing
development standards, and keeping the code current is critical in regulating
development. The Development Services Department has instituted an annual update
process as a means to provide a regular basis for making corrections to the text of the
zoning code. The corrections that are proposed for this cycle have been identified by
staff members in working with the code, modifications identified by the City Attorney
relative to compliance with State or Federal law, or requested by City Council members.
The proposed corrections and updates include the following:
ITEMNO. 2.,, l5
2City Council Staff Report March 11, 2021 --Page 2 Case 5.1466 ZTA • Add a definition for "animal day care" and identify all zone districts where permissible; expand permissible locations for animal hospitals and kennels. • Standardize the approval process and use period for temporary structures in commercial and industrial districts. • Remove density provisions in the R-2, R-3, and R-4 multifamily zone districts that conflict with General Plan density limitations. • Allow restaurants, banks and health clubs in the P (Professional) zone district via a Land Use Permit instead of a Conditional Use Permit in order to allow greater flexibility of use and reuse of existing tenant space. • Correct the parking setback requirements for the P (Professional) zone district to reflect actual conditions. • Eliminate the need for approval of a Conditional Use Permit for housing developments in the Resort Overlay Zone, as a means to implement the recommendations of the Housing Element of the General Plan. • Reduce the setback for swimming pools in side or rear yards from five feet to three feet, consistent with recent approvals that have been granted for single-and multifamily developments. Clarify that swimming pools cannot be built within a recorded public utility easement. • Allow any required additional parking to be waived for Class 2 historic buildings, similar to the waiver that exists for Class 1 historic buildings, as a means to incentivize historic preservation. • Expand the list of prohibited signs to include "sign twirlers," due to public safety and issues related to private use of public rights-of-way. • Amend the public hearing notice procedures to allow combined public hearing notices (i.e., a notice containing hearing dates for both Planning Commission and City Council) as is permissible under State law. • Correct various references in the zoning code to code sections that are out-of-date or have been modified, correct references to terms or the names of districts, and correct minor errors in the text. A table showing all proposed changes in strikeouUunderline format, including the justification for the changes, is included as Attachment B to this staff report. PLANNING COMMISSION ACTION: The Planning Commission reviewed the proposed amendments at their regular meetings of February 10 and February 24, 2021. While the Planning Commission supported the code changes generally, two of the commissioners had concerns about the proposed change in approval process for restaurant uses in the P (Professional) zone district. Their stated concerns were as follows: • Areas that are zoned P (Professional) are generally adjacent to residential areas, and restaurant uses can have impacts (hours of operation, odors, noise) that are detrimental to residential property owners. • The proposed change in approval process from a Conditional Use Permit to a Land
3City Council Staff Report March 11, 2021 --Page 3 Case 5.1466 ZTA Use Permit would eliminate the requirement for a public hearing, thereby removing the opportunity for adjacent property owners to comment on a proposed restaurant use. It was identified that the Land Use Permit process allows for staff to condition restaurant approvals relative to hours of operation and potential odor issues, and that restaurant uses in most commercial districts are a permitted use or authorized under a Land Use Permit. The Planning Commission ultimately voted 4 to 2 (Hirschbein, Lewin dissenting) to recommend approval of the proposed change to the approval process for restaurants in the P (Professional) zone district. The Planning Commission did not offer any objections to the other proposed amendments, and unanimously recommended approval of the remainder of the proposed changes. ENVIRONMENTAL ASSESSMENT: The project 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)]. Development Services Director David H. Ready,s'... City Manager Attachments: A. Draft Ordinance Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager B. Table -Summary of Corrections/Additions C. Planning Commission Minutes Excerpt -2/24/21 Meeting
4ORDINANCE NO. 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 #XX.XX 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_ to_ vote, the City Council adopted the Zoning Text Amendment; and
5Ordinance No. Page 2 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. 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(8) ("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(8) ("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 ninety (QO)
6Ordinance No. Page 3 consecutive days eighteen (18) 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(8)(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 (A)(11 ). SECTION 5. Amend Section 92.01 .03(8)(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 corner 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. There shall be a minimum of three thousand (3,000) square feet of lot area for each d'.velling unit. In determining the number of units allowed, any footage over three thousand (3,000) square f.eet shall qualify the property for an additional unit. (Maximum a110,.11,able; provided all other ordinance requirements relating to such standards as parking, open space, setbacks, etc., are met.) 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. There shall be a minimum of t\vo thousand (2,000) square feet of net lot area for each dwelling unit in a multiple family complex. 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:
7Ordinance No. Page4 2. Multiple-family Dwellings. There shall be a minimum of one thousand five hundred (1,500) square feet of net lot area for each d't41i(elling unit. 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: 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(0)(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.i_ 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:
8Ordinance No. __ Page 5 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; 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: 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;
9Ordinance No. --Page 6 SECTION 23. Amend Section 92.21.03(C) ("Density'') to rescind and replace the density limitations in the O (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 provided in Section 92.21.01 (D)(Q). 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. 1. 2. The minimum distance between buildings shall be fifteen (15) feet, except as otherwise provided in this section. Unless these buildings hmm sommon 'Nalls, the minimum distanse between accessory and main buildings or between acsessory buildings shall be twenty (20) feet. 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 G-G 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. B. C. 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 primarily to provide for to prioritize the development of accommodations and services for these visitors while guarding against the intrusion of sompeting allowing supporting and complementary land uses. The "R" zone may be established only in conjunction (as an overlay symbol) with other zones. Uses shall be as provided in the underlying zone with which the "R" zone
10Ordinance No. Page 7 --is combined.:., mmept that: 1. .'\II multiple family dwellings (including, but not limited to, apartments, group housing projects, boarding and lodging houses, and condominiums) shall be permitted only by conditional use permit. Such permit is subject to the planning commission making findings that the proposed use is compatible vvith its surroundings and that the site in question is not appropriate for other uses allm4ved by right within the underlying zone. The conversion of existing hotels with t\venty nine (29) rooms or less to multifamily d,1.<ellings shall not require the approval of a conditional use permit; provided, the number of parking spaces conforms to Section 93.06.00(0)(29); and provided, all other applicable sades and regulations are met. 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 (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(0)(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 t\110 and one half t2--½t 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 structures 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 Class 1
11Ordinance No. __ Page 8 historic structure building is located. SECTION 30. Amend Section 93.20.04(8)(1) ("Prohibited Signs'J to rescind and replace the replace the following text relative to prohibited signs: 1. 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(0) ("Temporary Signs'J 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~.illl, that signage 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. /\ conditional use permit may be granted for temporary structures, not including fences or walls, by the planning commission. i;::or fences or walls vvithin the public right of 'Nay, see Section 94 .02.01. 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.
12Ordinance No. __ Page 9 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(8) ("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. Pursuant to CGC 65092 when When a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days before the 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 pursuant to CGC 65093. 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. 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
13Ordinance No. --Page 10 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 38. 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 39. 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. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS __ DAYOF ________ _ ATTEST: ANTHONY J. MEJIA, MMC CITY CLERK CHRISTY GILBERT HOLSTEGE MAYOR
14Ordinance No. __ 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. __ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on ____ and adopted at a regular meeting of the City Council held on ____ by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________ _ ANTHONY J. MEJIA, MMC CITY CLERK
15 Attachment B: Summary of Proposed Code Corrections/Additions 1 2 3 4 5 6 7 8 I Definitions Section 91.00.10 Definitions Section 92 (Various) Animal Day Care, Animal Hospitals, Kennels Section 92.01 .03(8)(5) R-1 Development Standards Section 92.01 .03(8)(6) R-1 Development Standards i~mioJnnJiit "Animal Day Care" means a facility where care. recreation and supervision, and/or training is provided for animals for periods of less than twentv-four (24) hours. Structure, Temporary-:-: "Temporary structure" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days eighteen (18) months. Such structure shall be subject to all applicable property development standards for the zone in which it is located. Allow animal hospitals in the following zones as a permitted use: P, C-M. M-1-P, M-1, M-2 Allow kennels in the following zones via a CUP: C-M, M-1-P, M-1, M-2 Allow animal day care in the following zones via a LUP: CBD, C-1, C-2 Allow animal dav care in the followino zones as a permitted use: HC, P, C-M. M-1-P, M-1, M-2 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' 4)(11) I 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 Gemef side front property lines. Garages may be detached from the main building in the R-1-A, R-1-AH and hillside areas onlv. I Section 92.03.03(C) I C. Density. Density shall be consistent with the General Plan designation for the subject site. There shall be a minimum of three thousand (3,000) square feet of lot area for each dwelling unit. In determining the number of units allowed, any f.ootage over three thousand (3,000) square feet shall qualify the property for an additional 1:Jnit. (Maximum allowable; provided all other ordinance roauiroments relatina to such standards as oarkina. ooen soace. setbacks. R-2 Development Standards Section 92.04.03(C)(2) R-3 Development Standards Section 92.05.03(C)(2) R-4 Development Standards 2. 2. Multiple-family Dwellings. There shall be a minimum of two thousand (2,000) square f.eet of net lot area for each dwelling unit in a multiple family complex. Density shall be consistent with the General Plan designation for the subject site. Multiple-family Dwellings. There shall be a . . square feet of net lot area for each dwellin m1mmum of one thousand five hundred (1,500) Plan designation for the subject site. g unit. Density shall be consistent with the General l:tiiilll Add definition for animal day care to distinguish, the use from animal hospitals and kennels. Revise the definition of temporary structure so that it is consistent with the regulations for temporary structures already existing in PSZC Section 92.01 .01 (C)(3){f), which allows temporarv sales trailers for up to 18 months. Expand the districts where animal-related uses are permitted; add new animal day care use to districts where appropriate. Corrected reference to the Minor Modification application procedures. Terminology for the "side front property line" corrected. Conflicting square footage limitation removed; density shall be required to be consistent with the General Plan. Conflicting square footage limitation removed; density shall be required to be consistent with the General Plan. Conflicting square footage limitation removed; density shall be required to be consistent with the General Plan. 03/11/21 Page 1
16 ~1[itJli l!:ffl&!i!'1;~!ST&tL.= 9 I Section 92.08.01 (C) I C. Uses Permitted by Land Use Permit. Uses Permitted - P (Professional) Zone 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: 10 I Section 92.08.03(0) I 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) feetJ. which shall not be used for parking where abutting Major or Secondary Thoroughfares as defined by the General Plan. Development Standards - P Professional) Zone 11 I Section 92.21.03(C) I C. Density. Development Standards-0 (Open Soace)Zone 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 provided in Section 92.21.01~. 12 I Section 92.21.03(G) I G. 13 14 Distance Between Buildings - 0 (Open Space) Zone Section 92.23.03(D)(2)(b) Development Standards -CU Civic Uses District Section 92.25.00 "R" Resort Overlay Zone 2. b. When G--G 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. 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 primarily to provide for to prioritize the development of accommodations and services for these visitors while ounrdina aonini::t thA intrni::ion of ~omnAtinn 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"' A~~Ant tRaF. 1 All multiple family dwellings (including, but not limited to, apartments, grot:Jp housing projects boarding and lodging hot:Jses, and condominiums) shall be permitted only by conditional use permit. Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone. The conversion of existing hotels with twenty nine (29) rooms or less to multifamily dwellings shall not require the approval of a conditional use permit; provided, the number of parking spaces conforms to Section 93.06.00(0)(29); and • I I II •• •• I .I I I tfUDe ... Allow banks/health clubs/restaurants in the P zone by Land Use Permit instead of a Conditional Use Permit to allow for greater flexibility of use while still encouraging professional uses as a orimarv use. Clarifies that parking is not permitted in the front yard setback area on major streets in the P (Professional) zone district. Correct reference to density limitations in the permitted uses section. Conflicting language relative to building separation requirements removed. Correct reference to the C-U (Civic Uses District) zone. Remove the requirement for a CUP for residential uses to support the development of housing in accordance with the Housing Element, while prioritizing hotel uses in primary corridor areas. 03/11/21 Page 2
17 .~;f.#J.i! tf~,JfJ~:$ec.tiprf~J\JitJ 15 Section 6. 93.01 .00(F)(6) Swimming Pools 16 Section 2. 93.02.00(0)(2) Walls, fences and landscaping 17 Section e. 93.06.00(8)(3)(e) Off-street Parking 18 Section 1. 93.20.04(8)(1) Prohibited Signs 19 Section 93.20.09(0) 0. Temporary Signs 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 (G) below. b. No swimming pool shall have its water perimeter closer than five (5) feet from any front property line1 or closer than three (3) feet from any side or rear property line. Swimming (20ols and any associated formwork shall not be located within any 12ublic utilitv easement. 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 two and one half (2 %) three and one-half (3-1/2) feet above the nearest street pavement surface. Exception. Class 1 and Class 2 historic structures 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 Glass ~ historic structure buildina is located. Rotating, Moving, Flashing, Reflecting, Prismatic, or Blinking 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). 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(-B.illl, that signage 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. 1Nof(s'.USif~~,,~1r~~~~•tJ:t~•'ithiflffffl&VSii~lWf Reduce swimming pool setback from 5 feet to 3 feet in side and rear yard areas, and clarify that swimming pools cannot be constructed within a public utility easement. Height limit in corner cutback areas corrected to be consistent with PSZC Section 93.02.00(E)(2) and the associated Exhibit A Parking exception revised to include Class 2 historic buildings as an incentive for historic preservation. Requested by the City Attorney to address public safety and right-of-way issues relative to prohibited signage. Correct reference to the appropriate section of the sign code. 03/11/21 Page 3
1821 I Section 94.02.01 (C)(2) Land Use Permits ;~men"cl'inEfm :a:1N1"-i,:,#,....., ••• ,ifJ:i""'" ..... --:• ."'J~, ...... 3. I 2. a. The following uses may be permitted pursuant to this section in any zone, except where expressly prohibited: g. Temporary buildings or structures in commercial and industrial zones, for a period not to exceed eighteen (18} months. 22 I Section 94.09.00(8) I 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. 23 24 Public Hearing Procedure Section 94.09.00(E)(6) Public Hearing Procedure Section 94.09.00(E)(8) Public Hearing Procedure 6. 8. Request for Notification. Pursuant to CGC 65092 when When a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days before the 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 Citv Council. Failure of person to receive notice pursuant to CGC 65093. 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. :M: ..... ~rgi]-;~01 Allow temporary buildings in commercial and industrial districts via a Land Use Permit, rather than by Conditional Use Permit, in accordance with the proposed changes to PSZC Section 94.02.01 (C)(2). Allow for temporary buildings, such as construction trailers, in commercial and industrial zones upon approval of a Land Use Permit. Allows for a combined public hearing notice for applications that require action by both the Planning Commission and City Council. Reference to California Government Code unnecessary, as the requirement is stated in the ordinance. Reference to California Government Code unnecessary, as the requirement is stated in the ordinance. 03/11/21 Page4
19EXCERPT OF MINUTES At the Planning Commission meeting of the City of Palm Springs, held February 24, 2021, the Planning Commission took the following action: 28. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA). (FF) Director Fagg provided a report to the Planning Commission and reviewed two issues identified from the public hearing at 2/10/21 meeting: Restaurants in professional zones via a Land Use Permit, and removal of the CUP requirement for housing in the Resort Corridor Overlay. Chair Weremiuk opened the public hearing. SCOTT TIMBERLAKE, commercial property owner, supported the change to allow restaurants in office zones by Land Use Permit as this provides commercial uses near apartments and within walking distance of residential areas, and creates a sense of neighborhood. There being no additional speakers, the public hearing was closed. Commissioner Song verified the zoning requirements for multifamily development in the Resort Corridor Overlay; she offered support of removing the CUP requirement for restaurants in office zones as there is a need for more flexibility of use in those areas. Commissioner Lewin asked about the percentage of housing in the Resort Corridor Overlay that would contribute to meeting housing goals. He noted concerns with allowing restaurants in professional zones by Land Use Permit due to the impacts to nearby residential areas; a public hearing is necessary to allow residents to comment on proposed impacts, and a Conditional Use Permit process makes sense. Commissioner Hirschbein supports allowing residential in the Resort Corridor Overlay, but agrees that restaurants should require a Conditional Use Permit in professional zones in order to provide oversight and to provide fairness for nearby residents. Commissioner Moruzzi asked about the cost and timing for approval of a Land Use Permit versus a Conditional Use Permit for restaurant uses. Chair Weremiuk made a motion to recommend approval of the ordinance as drafted; the motion was seconded by Commissioner Song.
20Planning Commission Minutes -Excerpt City of Palm Springs February 24, 2021 Commissioner Lewin verified that restaurants could not occupy a majority of the square footage in an office complex based upon the restrictions in the zoning code. Commissioner Hirschbein questioned if restrictions could be adopted as part of the ordinance relative to operating standards for restaurants. ACTION: Weremiuk, seconded by Song to recommend approval of the Zone Text Amendment to the City Council as proposed by staff. I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 24th day of February, 2021, by the following vote: AYES: Ervin, Song, Moruzzi, Weremiuk NOES: Hirschbein, Lewin ABSENT: None ~-y#~l Terri Hintz =::.;} Planning Administrative Coordinator 2