HomeMy WebLinkAbout2056ORDINANCE NO. 2056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM
SPRINGS ZONING CODE SECTION CHAPTERS 92 AND
93 RELATIVE TO THE DEVELOPMENT STANDARDS
FOR THE M-2 (MANUFACTURING) AND E-I (ENERGY
INDUSTRIAL) ZONES.
City Attorneys Summary
This Ordinance amends the Palm Springs Zoning Code to
make minor revisions to the development standards for the M-
2 (Manufacturing) and E-I (Energy Industrial) zone districts to
facilitate development of warehouse/fulfillment centers.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. The City of Palm Springs is a charter city organized pursuant to Article XI
of the California Constitution and pursuant to the authority granted the City by Sections 5
and 7 of Article XI, the City has the power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs not in conflict with general laws
and its own charter. Such police powers include without limitation the ability to adopt
comprehensive zoning regulations and regulations upon the use of land and property
within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of
Palm Springs may adopt and enforce ordinances and regulations not in conflict with
general laws to protect and promote the public health, safety, and welfare of its citizens;
and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the
Director of Planning Services is authorized to initiate proceedings and recommend
amendments to the Zoning Code; and
D. On November 17, 2021, the Planning Commission conducted a duly noticed
public hearing to consider Case No. 5.1547 ZTA, an ordinance amending the Zoning
Code relative to the development standards of the M-2 (Manufacturing) and E-I (Energy
Industrial) zones (the "Zoning Text Amendment') and, by a 4-3 vote, tabled the proposed
amendment and directed staff to make revisions to the Zoning Text Amendment and
reschedule the item for a future hearing; and
E. Pursuant to Palm Springs Municipal Code Section 2.06.030, members of
the City Council filed notice with the City Clerk within 15 days of the Planning Commission
Ordinance No. 2056
Page 2
action, requesting to review the decision of the Planning Commission to table Case
5.1547 ZTA; and
F. 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
J. On January 13, 2022, 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
K. 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. Furthermore, the proposed ordinance contemplates minor
modifications to certain development standards but does not add to the list of permissible
uses or allow significant increases in the scope or scale of development than is otherwise
currently permitted. As projects are submitted and reviewed for compliance with this
Zoning Text Amendment, the City will conduct CEQA review as required by law; and
L. 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
M. The City Council hereby finds that approval of the proposed Zoning Text
Amendment would:
1. Attract high -quality industrial development in accordance with Goal LU4 of
the General Plan;
2. Promote opportunities for expansion of industrial uses within the City
pursuant to Policy LU3.2 of the Land Use Element; and
3. Facilitate the development of industrial uses that co -exist with wind energy
facilities, in accordance with the Land Use Element of the General Plan.
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. Rescind and replace Section 92.17.1.00 of Chapter 92 of the Palm
Springs Zoning Code as follows:
Ordinance No. 2056
Page 3
92.17.1.00 "M-2" Manufacturing Zone.
The "M-2" manufacturing zone is intended to provide for the development of
warehouse and distribution centers, and industrial uses which include fabrication,
manufacturing, assembly or processing which do not in their maintenance,
assembly, manufacture or plant operation create by-products which will adversely
affect the resort -open space environment of the city.
SECTION 3. Add the following permitted use to Section 92.17.1.01(A) of Chapter
92 of the Palm Springs Zoning Code as follows:
11. Wholesale, warehouse, distribution, fulfillment, and import/export centers.
SECTION 4. Rescind and replace Section 92.17.1.03(C) of Chapter 92 of the
Palm Springs Zoning Code as follows:
C. Building Height.
Buildings and structures shall have a height not greater than thirty (30) feet.
Buildings taller than thirty (30) feet may be permitted pursuant to Section
C(2) below.
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The provisions
of Section 93.03.00 shall apply.
b. Buildings of up to sixty (60) feet in height may be permitted, provided
that: (1) the building is located on a parcel of not less than one (1)
acre in size; and (2) the building or any portion thereof is set back
one (1) foot from any property line for every one (1) foot of vertical
height.
C. Buildings of up to ninety-five (95) feet in height may be permitted,
provided that: (1) the building is located on a parcel of not less than
five (5) acres in size; and (2) the building or any portion thereof is set
back one (1) foot from any property line for every one (1) foot of
vertical height.
d. Any buildings over forty (40) feet in height shall only be permitted
within the area bounded by 18th Avenue on the north, Indian Canyon
Drive on the east, 19th Avenue on the south, and the western
boundary of the zone district on the west.
e. The provisions of Section 93.04.00 shall not apply to buildings in the
M-2 (Manufacturing) zone.
Ordinance No. 2056
Page 4
SECTION 5. Rescind and replace Section 92.17.1.03(D)(2) of Chapter 92 of the
Palm Springs Zoning Code as follows:
2. Front Yard. No building shall be erected closer than twenty-five (25) feet
from the front property line. Parking bays, on local or collector streets only,
shall be permitted within the front yard or street side yard; provided, the
entire parking bay is located on private property. Not less than fifteen (15)
percent of such yard shall be landscaped and maintained.
SECTION 6. Rescind and replace Section 92.17.2.00 of Chapter 92 of the Palm
Springs Zoning Code as follows:
92.17.2.00 "E-I" Energy Industrial Zone
The "E-I" energy industrial zone is intended to provide areas for alternative energy
development, industrial development, and cultivation uses. By virtue of strong
prevailing winds, the E-I zone is ideally suited for large-scale development of wind
energy facilities. Additionally, due to the E-I zone's location north of Interstate 10
and isolation from the resort areas of the city, land in the E-I zone is ideally suited
for manufacturing, assembly, cultivation and distribution of products and fulfillment
activities, all of which are compatible with the goal of enhancing the city's economic
base. No industrial use shall be permitted, which by the nature of its development
or operation, will adversely affect the resort environment of the city.
SECTION 7. Rescind and replace Section 92.17.2.01(A)(6) of Chapter 92 of the
Palm Springs Zoning Code as follows:
6. Wholesale, warehouse, distribution, fulfillment, and import/export centers;
SECTION 8. Rescind and replace Section 92.17.2.03(C) of Chapter 92 of the
Palm Springs Zoning Code as follows:
C. Height Limits.
1. Buildings and structures shall have a height not greater than thirty (30) feet.
Buildings taller than thirty (30) feet may be permitted pursuant to Section
C(2) below.
2. Exceptions.
a. Permitted Projections Above Building Height Limit. The provisions
of Section 93.03.00 shall apply.
b. Buildings of up to sixty (60) feet in height may be permitted, provided
that: (1) the building is located on a parcel of not less than one (1)
acre in size; and (2) the building or any portion thereof is set back
Ordinance No. 2056
Page 5
one (1) foot from any property line for every one (1) foot of vertical
height.
C. Buildings of up to ninety-five (95) feet in height may be permitted,
provided that: (1) the building is located on a parcel of not less than
five (5) acres in size; and (2) the building or any portion thereof is set
back one (1) foot from any property line for every one (1) foot of
vertical height.
d. Any buildings over thirty (30) feet in height shall only be permitted
within the area bounded by Dillon Road on the north, the eastern
boundary of the zone district on the east, 19th Avenue on the south,
and the Karen Avenue right-of-way on the west.
e. The provisions of Section 93.04.00 shall not apply to buildings in the
E-I (Energy Industrial) zone.
3. WECS shall be subject to the requirements and standards contained in
Section 93.23.07.
SECTION 9. Rescind and replace Section 92.17.2.03(D) of Chapter 92 of the
Palm Springs Zoning Code as follows:
D. Yards.
1. General Provisions. Section 93.01.00 shall apply.
2. Energy Uses.
a. The minimum setback from any property line shall be fifty (50) feet.
b. The setback for WECS shall be determined by the provisions of
Section 93.23.07.
3. Other Uses.
a. No building shall be erected closer than twenty-five (25) feet from the
front property line. Not less than fifteen (15) percent of such yard
shall be landscaped and maintained.
b. Where the E-I zone abuts a street which is a boundary with a
residential or open space zone, there shall be a yard abutting such
street of not less than one hundred (100) feet. The twenty-five (25)
feet nearest the street shall be landscaped and maintained. The
remainder may be used for parking.
Ordinance No. 2056
Page 6
C. Where the E-1 zone abuts property in a residential or open space
zone, there shall be a yard of not less than one hundred (100) feet.
The twenty-five (25) feet nearest the property line shall be
landscaped and maintained. The remainder shall not be used for
parking, loading or storage.
d. Landscaped buffers at least fifteen (15) feet in width may be required
by the planning commission along interior yards.
SECTION 10. Rescind and replace Section 92.17.2.03(F) of Chapter 92 of the
Palm Springs Zoning Code as follows:
F. Coverage. Lot coverage by buildings or structures shall not exceed sixty
(60) percent of any lot or planned development.
SECTION 11. Rescind and replace Section 93.06.00(D)(36) of Chapter 93 of the
Palm Springs Zoning Code as follows:
D. Off-street Parking Requirements.
36. Warehousing, Distribution and Wholesaling. Parking shall be provided in
accordance with the table below:
Up to 100,000 SF
1 space
per 800 SF of gross floor area
Next 100,000 SF
1 space
per 1,250 SF of gross floor area
All Additional
1 space
per 5,000 SF of gross floor
Parking, loading, and unloading spaces for trucks and delivery vehicles
shall be in addition to the off-street parking requirements listed above.
Delivery vehicles shall be parked on site in designated areas. As an
alternative to the standards listed above, applicants may submit a Specific
Parking Plan pursuant to Section 93.06.00 where specific operational
standards may warrant a different parking ratio.
SECTION 12. 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 13. 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
Ordinance No. 2056
Page 7
environment and is not a "project," as that term is defined in Section 15378 of the State
Guidelines. Furthermore, the proposed ordinance contemplates modifications to certain
development standards but does not add to the list of permissible uses or allow significant
increases in the scope or scale of development than is otherwise currently permitted. As
projects are submitted and reviewed for compliance with this Zoning Text Amendment,
the City will conduct CEQA review as required by law
SECTION 14. 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 27TH DAY OF JANUARY, 2022.
U
IONY J. IA, M
CLERK
LISA MIDDLETON
L G\Yo] 6011
Ordinance No. 2056
Page 8
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. 2056 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on January 13, 2022, and adopted at a
regular meeting of the City Council held on January 27, 2022, by the following vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tem Garner, and Mayor
Middleton
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 re ror--a Za z
MTHONY A M M
CITY CLER