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HomeMy WebLinkAbout25072RESOLUTION NO. 25072 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1549 GPA, GENERAL PLAN AMENDMENT, TO AMEND THE PALM SPRINGS 2007 GENERAL PLAN LAND USE ELEMENT TO MODIFY THE CENTRAL BUSINESS DISTRICT (CBD) LAND USE DESIGNATION MINIMUM RESIDENTIAL DENSITY STANDARDS AND LEGAL NOW CONFORMING CRITERIA TO ALLOW FOR CONVERSIONS OF CERTAIN HOTEL USES TO MULTI- FAMILY RESIDENTIAL USES. WHEREAS, The City of Palm Springs ("The Applicant') has initiated a General Plan Amendment (GPA) to the Land Use Element of the Palm Springs 2007 General Plan: and WHEREAS, The General Plan Amendment would allow: 1) lower densities for certain mixed -use developments located in the Central Business District (CBD) General Plan land use designation area; and 2) existing hotels and similar transient occupancy uses, which were previously constructed and operated as apartments, to revert back to the apartment use at the residential density allowed when originally constructed subject ' to a Conditional Use Permit (CUP), in order to expand housing options in the City; and WHEREAS, A notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1549 GPA on October 12, 2022 was given in accordance with applicable law; and WHEREAS, On October 12, 2022, a public hearing on the application was held by the Planning Commission to review the proposed General Plan Amendment, and at said hearing the Planning Commission reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Subsequently, the Planning Commission voted unanimously to recommend approval of the application, Case 5.1549 GPA, to the City Council; and WHEREAS, A notice of the public hearing of the City Council of the City of Palm Springs to consider Case 5.1549 GPA on November 10, 2022 was given in accordance with applicable law; and WHEREAS, On November 10, 2022, a public hearing on the application was held by the City Council to consider the proposed General Plan Amendment, and at said hearing the City Council reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but is not limited to, the staff report, ' and all written and oral testimony presented. Resolution No. 25072 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: ' SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. The General Plan Amendment 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 it 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 3. For the reasons more specifically set forth in the City staff reports and the public record, the General Plan Amendment is consistent with the remaining elements, policies, goals and objectives of the General Plan. SECTION 4. That the City Council hereby approves Case 5.1549 GPA, General Plan Amendment, to amend the Palm Springs 2007 General Plan Land Use Element as follows: A. After the fifth paragraph, add the following paragraph to page 2-3: "Notwithstanding any other density limit to the contrary, any structure which is lawfully being used as a hotel, motel or other form of transient ' lodging, but which was originally constructed as and used as an apartment, apartment hotel, or similar use may, by obtaining a conditional use permit as further provided by the Palm Springs Zoning Code, revert the current hotel, motel or transient lodging use back to an apartment use, and may operate the same number of apartment units on the site as the number of apartment units originally approved for development on the site." B. Add the following underlined text to the first sentence of the Central Business District description on page 2-7: "Central Business District (1.0 FAR; 21-30 dwelling units per acre: except. there shall be no minimum density threshold required for existing buildings that propose upper -floor residential use: and further, the minimum density threshold may be lowered from 21 to 10 dwelling units per acre for new mixed -use projects provided that at least 75% of the frontage on the major thoroughfares is public serving commercial use)." C. Rescind and replace Land Use Policy 7.9 on page 2-29 as follows: "Policy LU7.9 Evaluate and encourage, as appropriate, the conversion of small hotels to housing units." I Resolution No. 25072 Page 3 D. Delete Land Use Action 7.5 on page 2-30. SECTION 5. If any section or provision of this Resolution 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 Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, 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 6. The City Clerk shall certify to the passage and adoption of this Resolution and, as a General Plan Amendment, this Resolution shall take effect thirty (30) days after passage. ADOPTED THIS 10TH DAY OF NOVEMBER, 2022. Teresa Gallavan, Interim City Manager ATTEST: P,- Bfenb'Peee, City Clerk Resolution No. 25072 Page 4 CERTIFICATION STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25072 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 10, 2022, by the following vote: AYES: Councilmember Kors, Mayor Middleton, Councilmember Woods and Mayor Pro Tern Garner NOES: None ABSENT: Councilmember Holstege ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and axed the official seal of the City of Palm Springs, California, this �— day of neLPmCJrr 2.0zD- rends Pre , MMC, City Clerk , City of Palm Springs, California