HomeMy WebLinkAbout2076ORDINANCE NO. 2076
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA. AMENDING CHAPTER 92.00 OF THE PALM
SPRINGS ZONING CODE RELATED TO THE ZONING
REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566
ZTA).
City Attorney's Summary
The proposed ordinance modifies the zoning requirements for
childcare facilities as a means to reduce entitlement barriers
and encourage the establishment of such facilities in the
community.
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 October 26, 2022, the Planning Commission conducted a duly noticed
public hearing to consider Case No. 5.1566 ZTA, an ordinance amending the Zoning
Code to an ordinance amending the Zoning Code to modify the zoning requirements for
childcare facilities (the "Zoning Text Amendment') and, by a 5 — 0 (two members absent)
vote, approved Resolution #6933 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 November 28, 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 introduced and waived further reading of this
Ordinance adopting the Zoning Text Amendment; and
Ordinance No. 2076
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. Reduce barriers to the establishment of childcare facilities in the City of Palm
Springs; and
2. Maintain public health, safety and welfare by providing assessments of the
proposed facilities and any associated impacts through the licensure process.
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 92.01.01(A)(5) of the Palm Springs Zoning Code to
revise the following use:
5. Day care, small or large, ,
SECTION 3. Amend Section 92.01.01(C)(1) of the Palm Springs Zoning Code to
revise the following use:
1 Childcare centers provided
the subject site is located on a major or secondary thoroughfare;
SECTION 4. Amend Section 92.01.01(D)(4) to eliminate the following use and
renumber the list of uses accordingly:
SECTION 5. Amend Section 92.02.01(A) to add the following use and renumber I
the list of uses accordingly:
Ordinance No. 2076
Page 3
5. Day care, small or large;
' SECTION 6. Amend Section 92.02.01 to add a new subsection (C), "Uses
Permitted by Land Use Permit," as follows and to renumber the following subsection
accordingly:
C. Uses Permitted by Land Use Permit.
1. Childcare centers provided the subject site is located on a major or
secondary thoroughfare.
SECTION 7. Rescind and replace Section 92.02.01(C) as follows:
D. Uses Permitted by Conditional Use Permit.
The following uses may be permitted, subject to approval of a conditional
use permit, as provided in Section 94.02.00:
1. Public parks, recreational areas and public schools;
2. Private clubs, golf courses, tennis and swimming clubs;
3. Churches on sites of two (2) acres or more;
4. Off -site parking areas, not as an accessory to uses permitted in this
zone. The property proposed for off -site parking shall abut a
commercial zone or on an alley which is the boundary with such
zone, and extend not more than one hundred fifty (150) feet from
such boundary;
5. Assisted living facilities and convalescent homes, subject to the
provisions of Section 94.02.00(H)(7); and provided, property on
which such use is proposed is located one hundred fifty (150) feet
from any R-1 zone district;
6. Resort hotels, on parcels not less than twenty (20) acres in area,
subject to the requirements in Section 92.04.01(A)(2);
7. Accessory buildings and uses customarily incident to the permitted
uses listed above and located on the same lot therewith;
8. Reserved;
Ordinance No. 2076
Page 4
10. Spas as an accessory use to a hotel subject to the following
standards:
a. For hotels with under fifty (50) rooms, the facility is to serve
hotel guests only. Facilities located in hotels with more than
fifty (50) rooms and located on a major thoroughfare may be
permitted to serve clients who are not hotel guests,
b. The hotel has a minimum of fifteen (15) guest rooms,
C. Staff shall be licensed and trained in the particular programs
provided in accordance with Chapter 5.34 of the Municipal
Code,
d. Such facility shall comply with Chapter 5.34 of the Municipal
Code.
SECTION 8. Amend Section 92.03.01(A) to revise the following use:
8. Day care, small or large, P61FGYant to SeGtiGR 93.14.00;
SECTION 9. Amend Section 92.03.01 to add a new subsection (C), "Uses
Permitted by Land Use Permit," as follows and to renumber the following subsection
accordingly:
C. Uses Permitted by Land Use Permit.
1. Childcare centers.
SECTION 10. Rescind and replace Section 92.03.01(C) as follows:
C-D. Uses Permitted by Conditional Use Permit.
The following uses may be permitted subject to approval of a conditional
use permit, as provided in Section 94.02.00.
2-.1. Assisted living facilities and convalescent homes, subject to the
provisions of Section 94.02.00(H)(7);
472. Churches;
6:3. Country clubs, golf courses, tennis and swimming clubs;
7
L
Ordinance No. 2076
Page 5
6-4. Hospitals;
7--.5. Hotels in which more than ten (10) percent of the guest rooms
contain kitchen facilities;
a-.6. Private education institutions;
9=7. Professional offices, provided:
a. The subject site must be located fronting on a major
thoroughfare as indicated on the city's general plan,
b. The only allowable sign shall be an identification sign for the
building complex, with public convenience signs as
necessary,
C. All development standards of Section 92.08.03 can be met;
40-.8. Off -site parking areas, not as an accessory to uses permitted in this
zone. The property proposed for off -site parking use shall abut a
commercial zone or on an alley which is the boundary with such
zone, and extends not more than one hundred fifty (150) feet from
the boundary;
44-.9. Public parks and recreation areas at locations indicated on the
general plan;
42-.10. Public schools at locations indicated on the general plan;
4-3.11. Restaurants, incidental or accessory to a hotel use, operated
primarily for the convenience of guests, and occupying not more than
twenty (20) percent of the gross floor area of the hotel buildings;
4412. Spas as an accessory use to a hotel subject to the following
standards:
a. For hotels with under fifty (50) rooms, the facility is to serve
hotel guests only. Facilities located in hotels with more than
fifty (50) rooms and located on a major thoroughfare may be
permitted to serve clients who are not hotel guests.
b. The hotel has a minimum of fifteen (15) guest rooms.
Ordinance No. 2076
Page 6
C. Staff shall be licensed and trained in the particular programs
provided in accordance with Chapter 5.34 of the Municipal I
Code.
d. Such facility shall comply with Chapter 5.34 of the Municipal
Code.
4-5-.13. Time-share and condominium hotel projects subject to the provisions
of Section 93.23.11 and 93.23.12; provided, the subject site must be
located fronting on a major or secondary thoroughfare as indicated
on the city's general plan.
SECTION 11. Amend Section 92.04.01(A) to revise the following use:
� _ • TiLt•T�y
SECTION 12. Amend Section 92.04.01(C) to add the following use:
3. Childcare centers.
SECTION 13. Amend Section 92.04.01(D) to eliminate the following use and
renumber the list of uses accordingly:
3. Child caFe ente._ I
SECTION 14. Amend Section 92.05.01(A) to revise the following use:
7. Day care, small or large, PUFSuaRt tG SeGtien 93.14.00;
SECTION 15. Amend Section 92.05.01(C) to add the following use:
3 Childcare centers;
SECTION 16. Amend Section 92.05.01(D)(4) to eliminate the following use and
to renumber the list of uses accordingly:
sir.nr.�rra
SECTION 17. Amend Section 92.07.01(A) to revise the following use:
�. - • •' - . • IFWAT•
SECTION 18. Amend Section 92.08.01(A) to add the following use and to
renumber the list of uses accordingly:
5. Childcare centers; I
Ordinance No. 2076
Page 7
SECTION 19. Amend Section 92.08.01(C) to eliminate the following use and to
renumber the list of uses accordingly:
SECTION 20. Amend Section 92.09.01(A) to add the following use and to
renumber the list of uses accordingly:
5. Childcare centers;
SECTION 21. Amend Section 92.09.01(C)(1) to eliminate the following use and
to renumber the list of uses accordingly:
SECTION 22. Amend Section 92.010.01(A) to add the following use and to
renumber the list of uses accordingly:
10. Childcare centers;
SECTION 23. Amend Section 92.10.01(C) to eliminate the following use and to
' renumber the list of uses accordingly:
SECTION 24. Amend Section 92.012.01(A) to add the following use and to
renumber the list of uses accordingly:
19. Childcare centers;
SECTION 25. Amend Section 92.12.01(C)(1) to eliminate the following use and
to renumber the list of uses accordingly:
SECTION 26. Amend Section 92.13.01(A)(2) to add the following use and to
renumber the list of uses accordingly:
n. Childcare centers
SECTION 27. Amend Section 92.13.01(C)(1) to eliminate the following use and
to renumber the list of uses accordingly:
I
C. Childcare centers
Ordinance No. 2076
Page 8
SECTION 28. Amend Section 92.14.01(C)(1) to eliminate the following use and
to renumber the list of uses accordingly: '
e child GRFe _enters;
SECTION 29. Amend Section 92.015.01(A) to add the following use and to
renumber the list of uses accordingly:
14. Childcare centers;
SECTION 30. Amend Section 92.15.01(C) to eliminate the following use and to
renumber the list of uses accordingly:
SECTION 31. Amend Section 92.16.01(A)(3) to add the following use and to
renumber the list of uses accordingly:
h. Childcare centers;
SECTION 32. Amend Section 92.16.01(C) to eliminate the following use and to
renumber the list of uses accordingly:
Child GaFe GeRteFs;
SECTION 33. Amend Section 92.21.01(A) to add the following use and to
renumber the list of uses accordingly:
3. Childcare centers;
SECTION 34. Amend Section 92.21.01(C) to eliminate the following use and to
renumber the list of uses accordingly:
SECTION 35. Amend Section 92.23.01(A) to add the following use and to
renumber the list of uses accordingly:
2. Childcare centers;
SECTION 36. Amend Section 92.23.01 to eliminate subsection C as follows and
to renumber the following subsections accordingly:
S. Uses P_.. ttEl by I .and Use Duet.
1 Child GaFe GeRter.
Ordinance No. 2076
Page 9
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
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.
1
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 12 DAY OF JANUARY, 2023.
GRAItt ELENA GARNER
MAYOR
ATTEST:
B ND REE, MMC
CITY CLERK
Ordinance No. 2076
Page 10
CERTIFICATION
STATE OF CALIFORNIA ) I
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2076 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on November 28, 2022 and adopted at
a regular meeting of the City Council held on January 12, 2023 by the following vote:
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein,
Mayor Garner
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;25 day o w"unt' , 2023.
�—
Brenda Pre6, City Clerk
City of Palm Springs, California '