HomeMy WebLinkAboutPC - RES NO 6930r RESOLUTION NO. 6930
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL (1) APPROVE A GENERAL PLAN AMENDMENT TO MODIFY
MINIMUM RESIDENTIAL DENSITY STANDARDS FOR CERTAIN MIXED
USE PROJECTS WITHIN THE CBD LAND USE DESIGNATION AND
ALLOWING CERTAIN HOTEL TO APARTMENT CONVERSIONS (CASE
5.1549 GPA); AND (2) APPROVE AND ADOPT AN ORDINANCE TO
AMEND CHAPTER 94.05 OF THE PALM SPRINGS ZONING CODE TO
ALLOW CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A
CONDITIONAL USE PERMIT (CASE 5.1539 ZTA).
THE PLANNING COMMISSION 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 Planning Director is authorized to initiate proceedings and recommend amendments
to the Zoning Code; and
D. Due notice of a public hearing of the Planning Commission of the City of
Palm Springs was given in accordance with applicable law to consider (1) Case No.
5.1549 GPA, a General Plan amendment to allow certain hotel to apartment
conversions at residential apartment density that was originally permitted on the site
when the building was constructed and to allow mixed use developments in the Central
Business District (CBD) land use designation to develop at a lower minimum residential
density threshold and (2) Case No. 5.1539 ZTA, an ordinance amending the Zoning
Code to allow certain hotel to apartment conversions at a residential apartment density
that was originally permitted at the site when the building was constructed , subject to
the approval of a Conditional Use Permit; and
E. On October 12, 2022, the Planning Commission conducted a duly noticed
public hearing to consider the Case Nos. 5.1549 GPA and 5.1539 ZTA; and
F. The Planning Commission has carefully reviewed and considered all of
Resolution No. 6930 October 12, 2022
Page 2
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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS DOES HEREBY RESOLVE 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 Resolution.
SECTION 2. That based on the entire record before the Planning Commission,
and the findings made in the staff report and this Resolution, the Planning Commission
of the City of I Palm Springs hereby recommends that the City Council approve and
adopt the following amendments.
SECTION 3. Amend the 2007 General Plan Land Use Element as follows:
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."
Add the following underlined text to 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 throughfares is public serving commercial use)...."
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."
Resolution No. 6930 October 12, 2022
Page 3
Delete Land Use Action 7.5 on page 2-30.
SECTION 4. Amend Palm Springs Zoning Code Chapter 94.05 and add Section
94.05.085 as follows:
"94.05.085 Special rule — Reversion of current hotel/motel use back to apartment
use if building was originally constructed and used as an apartment, subject to special
density limits, by conditional use permit.
A. 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, as determined by City
building permits and other public records, may revert the current hotel,
motel or transient lodging use back to an apartment use, provided a
conditional use permit is obtained.
B. Notwithstanding any other provision of this Code imposing a lower
residential density limit, if a conditional use permit is obtained, the multi-
family structure may operate the same number of apartment units as the
number of apartment units originally approved for development on the site,
subject to the findings and conditions set forth herein. Should the
apartment use result in a deficiency of off-street parking spaces, relief
from the minimum off-street parking requirement per PSZC Section
93.06.00 may be approved via a Specific Parking Plan as prescribed in
PSZC Section 94.02.01(C)(2)(d). Additionally, Class 1 and Class 2
historic properties shall be exempt from the off-street parking requirement
in accordance with PSZC Section 93.06.00(B)(3)(e).
C. In addition to those findings required by Section 94.02.00; the conditional
use permit may be approved if the following findings are met:
1. The resulting apartment use will assist the preservation of decent
and habitable permanent rental stock;
2. The resulting apartment use will not adversely affect current and
future city services;
3. The resulting apartment use, as conditioned, ensures that life
safety measures and emergency services are adequately
addressed and provided (i.e. evacuation protocol, fire safety);
4. The resulting apartment use is developed, landscaped, and
maintained in a manner to be harmonious with surrounding
property and conforms to the Property Maintenance Standards of
PSZC Section 93.19.00.
5. The resulting apartment use, as conditioned and pursuant to other
required approvals, does not create adverse impacts on traffic or
Resolution No. 6930
Page 4
f
October 12, 2022
circulation.
6. The applicant has implemented adequate methods to assure the
continuity of management and property maintenance of the
resulting apartment use; and
7. The applicant has implemented satisfactory measures to provide
property security to minimize criminal activity as demonstrated by
police activity reports.
D. The conditional use permit shall provide appropriate provisions for periodic
review, or review by complaint, and can be revoked for failure to
continuously meet the conditions of approval.
E. The planning commission after holding a public hearing pursuant to
Section 94.09.00 and based upon. a review of the entire record, may
approve a conditional use permit which imposes conditions pursuant to
Section 94.02.00. The decision of the planning commission is final unless
appealed to the city council in a manner provided by Chapter 2.05 of the
Palm Springs Municipal Code.
SECTION 5. 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 6. The Secretary of the Planning Commission shall certify to the
adoption of this resolution and it shall become effective immediately upon adoption.
ADOPTED this 12TH day of OCTOBER, 2022.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS,
WEREMIUK
ATTEST:
Christopher Hadwin
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA