HomeMy WebLinkAbout1E1CITY COUNCIL STAFF REPORT DATE: MARCH 25, 2021 CONSENT AGENDA SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2041 OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO AN ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA). FROM: David H. Ready, City Manager Development Services Department BY: SUMMARY This is the second reading of an ordinance for an annual update of the Palm Springs Zoning Code (PSZC) to make minor corrections and clarify regulations. The City Council approved the proposed amendments at first reading on March 11, 2021, with a minor correction. RECOMMENDATION: Waive the second reading of the text in its entirety, read by title only, and adopt Ordinance 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)." STAFF ANALYSIS: On March 11, 2021, Ordinance No. 2041 was introduced for first reading, as noted below: ACTION: Waive first reading of the ordinance in its entirety and read by title only, and introduce for first reading Ordinance 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)." Approved by a majority vote of the City Council (5-0-0). AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, Mayor Holstege ITEM NO . ....;\:....;~=---
2City Council Staff Report March 25, 2021 --Page 2 Case 5.1466 ZTA NOES: None ABSENT: None The City Council voted to introduce Ordinance No. 2041, subject to a minor correction to the boundaries of the Resort Overlay Zone. The attached ordinance has been updated to include this correction. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council. Fllnn Fagg, AIC Development Services Director Attachments: 1. Ordinance No. 2041 Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager
3ORDINANCE 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 #XXXX 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 O vote, the City Council adopted the Zoning Text Amendment; and
4Ordinance No. 2041 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 eighteen (18)
5Ordinance No. 2041 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(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. 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 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:
6Ordinance No. 2041 Page4 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 (0) ("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(0) ("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 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;
7Ordinance No. 2041 Page 5 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 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
8Ordinance No. 2041 Page 6 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
9Ordinance No. 2041 Page 7 (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 three and one-half (3-1/2) feet above the nearest street pavement surface. SECTION 29. Amend Section 93.06.00(8)(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(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'? to rescind and replace the exception for temporary signs in public rights-of-way as follows: 0. 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(0), that signage
10Ordinance 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(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. When a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days before the
11Ordinance 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. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS __ DAYOF ________ _ CHRISTY GILBERT HOLSTEGE MAYOR
12Ordinance No. 2041 Page 10 ATTEST: ANTHONY J. MEJIA, MMC CITY CLERK
13Ordinance 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. __ 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