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HomeMy WebLinkAbout2008-09-03 PC Study Session MinutesCITY OF PALM SPRINGS PLANNING COMMISSION STUDY SESSION MINUTES OF SEPTEMBER 3, 2008 Large Conference Room, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: The meeting was called to order at 2:06 p.m. ROLL CALL: Present Present Year: FY 2008/2009 This Meeting: to Date: Excused Absences: Chairman Hochanadel X 7 0 Vice Chairman Cohen X 6 1 Toni Ringlein X 6 1 Jon Caffery X 6 1 Bill Scott X 4 3 Tracy Conrad 4 3 Doug Donenfeld X 7 0 REPORT OF POSTING OF AGENDA: The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 5:00 p.m. on Friday, August 29, 2008. PUBLIC COMMENTS: Vice Chairman Hochanadel opened Public Comments. There being no appearances, Public Comments was closed. 1. Case 5.1211 ZTA — Palm Springs Zoning Code — Initiation of Amendments Related to Land Use Permits and Religious Institutions. (Craig A. Ewing, Director of Planning Services) Proposed Amendment No. 1— Land Use Permits — Outdoor Accessory Uses Director of Planning Ewing reported that staff is proposing to the Planning Commission and City Council a series of minor zoning amendments beginning City of Palm Springs Planning Commission Study Session Minutes of September 3, 2008 with this proposal. Mr. Ewing stated that presently the zoning code allows Land Use Permits (LUP's) to be issued by staff for a variety of uses and a group of uses subject to LUP's are outdoor retail activities. Staff referred to Exhibit "A" (a list of outdoor uses allowed in the CBD zone by Land Use Permit). In reviewing this language, staff believes it would provide greater flexibility for downtown merchants and the Planning Commission by moving the phrase, "Other uses as determined by the planning commission" from a sub -section of vending carts, to the more general list of items allowed by a LUP. This change would allow merchants to petition the Planning Commission for outdoor uses without having to include vending carts as part of their proposal. Staff advised the Commission that this change could open up the potential for many unforeseen circumstances such as an excessive quantity of dvd/video racks. Nonetheless, the change would require the applicant to seek Commission approval and the LUP would still allow the City to place conditions on the specific site and operation. Commissioner Caffery noted his preference to keep the zoning code related to Land Use Permits and outdoor retail activities as is, with no changes.. The Commission discussed prohibited uses and similar uses permitted by commission determination. The majority of the Commission concurred with staffs recommendation. M/S/C (Ringlein/Cohen, 5-1/Caffery, 1 absent/Conrad) To initiate a Zone Text Amendment Related to Land Use Permits, in accordance with Palm Springs Zoning Code Section 94.07.01 — Zoning ordinance text amendment. Proposed Amendment No. 2 — Churches and Religious Institutions Mr. Ewing reported that the current wording in the Zoning Code regarding religious uses as "churches" defined as a facility for worship. Staff noted that "religious uses" raises the following concerns: 1. The word "church" does not reflect what many religious traditions use to describe their facilities or practices. Most modern zoning codes use the term "religious institutions' to accommodate different faiths. 2. The definition focuses on a "building commonly used for religious worship ... ", yet many smaller religious groups are seeking worship space within industrial or commercial complexes which are not commonly used for worship. Mr. Ewing noted that in the year 2000, the federal government enacted the "Religious Land Use and Institutionalized Persons Act" (RLUIPA) and provided ►11 City of Palm Springs Planning Commission Study Session Minutes of September 3, 2008 further details as outlined in the memorandum. Staff emphasized that in order to assure that the City's Zoning Code does not create a possible conflict with RLUIPA, the City must generally do the following: 1. Make adequate provisions for churches and other religious institutions so that these uses are not unreasonably limited within the City. 2. Assure that any regulations directed at religious institutions are based on indirect impacts of the use — traffic, noise, etc. — rather than regulating the use itself. 3. Assure that the regulations are applied uniformly among religious institutions, other non-commercial and commercial activities. Commissioner Ringlein suggested the wording "spiritual institution" in addition "religious institution". Further discussion occurred on the federal requirements and local zoning regulations pertaining to outdoor religious services. Staff recommended the City's Zoning Code should be brought up-to-date with regard to regulating religious institutions as a land use while remaining sensitive to RLUIPA. The Commission concurred with staffs recommendation. M/S/C (Donenfeld/Caffery, 6-0, 1 absent/Conrad) To initiate a Zone Text Amendment Related to Religious Institutions and direct staff to: 1. Replace the word "church" with the phrase, "religious institution" or something similar. 2. Develop a new definition for "religious institutions " that describes the activity, rather than the facility. 3. Review the zones within which churches are permitted or conditionally permitted and make any desired adjustments. PLANNING COMMISSION COMMENTS: Discussion occurred on the State's recent adoption of environmental considerations for planning agencies, energy efficiency programs and the City's Sustainability Plan. 3 City of Palm Springs Planning Commission Study Session Minutes of September 3, 2008 Commissioner Scott noted that he would not be in attendance for the September 8th AAC Meeting. Commissioner Ringlein offered to attend on his behalf. Discussion occurred on the City's future need for public transportation and allocations from a federal funded program. Chair Hochanadel requested staff provide an update on the staging equipment located across from the Convention Center. PLANNING DIRECTOR'S REPORT: None were reported. ADJOURNMENT: There being no further comments, the meeting adjourned at 3:05 p.m. -,"CrapAAP Di or of Plan in Services n