HomeMy WebLinkAboutPC Resolution _6205-Case 5.1211 ZTARESOLUTION NO.6205
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SECTIONS 92.09.01, 92.12.01, 92.13.01 AND
92.14.01 OF THE PALM SPRINGS ZONING CODE RELATING TO
OUTDOOR USES, AND 91.00.10, AND CERTAIN OTHER SECTIONS
OF THE PALM SPRINGS ZONING CODE RELATING TO CHURCHES
AND RELIGIOUS INSTITUTION
WHEREAS, Section 93.20.00 of the Palm Springs Zoning Ordinance establishes
regulations for the design, placement and use of signs; and
WHEREAS, on September 3, 2008, the Planning Commission voted to direct staff to
initiate a Zoning Ordinance Text Amendment (Case No. 5.1211) to address certain
outdoor commercial activities, as well as the definition and regulation of "churches"; and
WHEREAS, on October 22, 2008 and on June 8, 2011 the Planning Commission
conducted duly noticed public hearings on the proposed amendment, at which hearings
the Commission carefully reviewed and considered all of the evidence presented in
connection with the project, including but not limited to the staff report and all written
and oral testimony presented, and
WHEREAS, the Planning Commission hereby determines that the proposed Zoning
Ordinance text amendment is Categorically Exempt under Section 15305 Minor
Alterations in Land Use Limitations — of the Guidelines for the Implementation of the
California Environmental Quality Act and that the proposed amendment does not result
in any changes in land use or density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the proposed
Zoning Text Amendment would:
a. Provide for additional flexibility in the establishment of outdoor commercial
activities, while preserving the Commission's oversight role of such uses; and
b. Provide a definition for religious institutions that is more consistent with
current zoning practices and the Religious Land Use and Institionalized
Persons Act of 2000; and
C. Allow for the establishment of religious institutions in a wider variety of zones,
subject to the approval of a conditional use permit.
Planning Commission Resoiubon No. 6205 ,tune 8, 2011
5.1211 — ZTA Page 2 of 2
Section 2: The adoption of the proposed Zone Text Amendment would be consistent
with the intent of the Zoning Ordinance and the City's General Plan because it provides:
A. Flexibility for merchants in the C-B-D, C-1, C-1AA and C-2 zones, while
assuring that outdoor uses will contribute positively to the overall character
of the City's retail commercial areas.
B. Adequate and uniform provisions for the treatment of religious institutions
within the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for "outdoor uses" and "religious institutions", as
attached hereto and made a part of this resolution as Exhibit A.
ADOPTED this 8th day of June 2011.
AYES: 6, Vice Chair Donenfeld, Hudson, Conrad, Munger, Klatchko and Roberts
NOES: 1, Chair Caffery
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
a winWOC
Director of Plabnihg Services
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 92.09.01, 92.12.01,
92.13.01 AND 92.14.01 OF THE PALM SPRINGS ZONING
CODE RELATING TO OUTDOOR USES, AND 91.00.10,
AND ALL OTHER SECTIONS OF THE PALM SPRINGS
ZONING CODE RELATING TO CHURCHES AND
RELIGIOUS INSTITUTIONS.
City Attomey's Summary
This Ordinance modifies how "outdoor uses" may be allowed
by the Planning Commission in certain commercial zones,
establishes a definition for "religious institutions" and allows
"religious institutions" to be established in most zones,
subject to a Conditional Use Permit
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. The following Sections shall be revised to allow "outdoor uses" to include
"Other uses as determined by the planning commission" and deleted from "vending
carts dispensing the following": Sections 92.09.01.C.2, 92.09.01.C.3, 92.09.1.C.4 (C-B-
D Zone), 92.12.01.C.2, 92.12.01.C.3, 91.12.01.C.4 (C-1 Zone), 92.13.01.C.2,
92.13.01.C.3, 92,13.01.C.4 (C-1AA Zone), 92.14.01.C.2, 92.14.01.C.3 and 92.14.01.C.4
(C-2 Zone).
Section 2. Sections 91.00.10 shall be amended to include the following definition:
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
Section 3. Sections 92.00.01.0 (G-R-5 Zone), 92.01.01.1) (R-1 Zone), 92.02.01.0 (R-
G-A Zone), 92.03.01C (R-2 Zone), 92.04.01.1) (R-3 Zone), 92.05.01.D (R-4 Zone),
92.11.01.13 (C-S-C Zone), 92.12.01.0 (C-1 Zone), 92.14.01.A (C-2 Zone) shall be
amended to delete the word "churches" and renumbered accordingly.
Section 4. Section 94.02.00.A.1 shall be amended to read, as follows:
1. The following uses may be permitted subject to the provisions of this
section. The commission shall review and approve or disapprove the
use. The commission's action shall be final unless appealed to the
council.
a. Uses listed in the zones as "Uses Permitted by Conditional Use
Permit".
b. High-rise buildings permitted by a zone's development standards,
and pursuant to Section 93.04.00.
c. Religious institutions in any zone, except in the "A" (Airport) "N"
(Noise Impact and Nonsuit Covenant Combining Zone), and W
(Watercourse) zones
Section 5. 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 this day of
2011.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY