HomeMy WebLinkAboutPC Resolution _6283- Case 5.1273 ZTARESOLUTION NO. 6283
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING
APPROVAL OF CASE 5.1273 ZTA, A PROPOSED ZONE TEXT
AMENDMENT FOR SECTIONS 94.02.01 D.3, 94.06.01.6.2 AND
94.04.00.E.2.A OF THE PALM SPRINGS ZONING CODE TO
ALLOW THE DIRECTOR OF PLANNING SERVICES THE
OPTION OF REFERRING TO THE PLANNING COMMISSION
APPLICATIONS FOR LAND USE PERMITS, MINOR
ARCHITECTURAL APPROVALS AND ADMINISTRATIVE MINOR
MODIFICATIONS.
WHEREAS, on November 22, 2011, the Planning Commission initiated a Zone Text
Amendment (Case 5.1273 ZTA) to modify the Zoning Code to allow the Director of
Planning Services the option of referring to the Planning Commission minor
development applications; and
WHEREAS, the proposed amendments are considered a "project" pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the it has been
recommended that the proposed amendments be determined to be Categorically
Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act because
the proposed zone text amendments propose only insignificant changes to the
procedural requirements of minor permits, and do not result in any increase in land use
densities; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs, California for Case 5.1273 ZTA (Zone Text Amendment) was given in
accordance with applicable law; and
WHEREAS, on July 11, 2012 a public hearing of the Planning Commission was held to
review said case, 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.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the Planning Commission hereby recommends that
the City Council determine that the proposed zone text amendments (Case 5.1273
ZTA) are Categorically Exempt from the provisions of CEQA under Section 15305
(Minor Alterations in Land Use Limitations) of the Guidelines for the Califomia
Environmental Quality Act because the proposed zone text amendments propose only
insignificant changes to the procedural requirements of minor permits, and do not result
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Planning Commission Resolution No. 6283
Case 5.1273 ZTA
in any increase in land use densities.
July 11, 2012
Page 2 of 3
SECTION 2: Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text
Amendment), the Planning Commission finds as follows:
A. The proposed zoning code amendments are consistent with the intent of the
zoning code, because, according to Section 91.00.00, the Zoning Code is
adopted "For the purpose of promoting and protecting the public health, safety
and welfare of the people of the city of Palm Springs and to provide for the
social, physical and economic advantages resulting from comprehensive and
orderly planned use of land resources..."; and the amendments propose to allow
Planning Commission review of those rare applications for minor permits (LUP's,
MAA's and AMM's) that in the opinion of the Director of Planning Service have
potentially significant impact on the neighborhood or community; and that these
additional review options will enhance community involvement in land use and
thereby directly promote and protect the public welfare and improve the orderly
planned use of land resources.
B. The proposed zoning code amendment is consistent with the intent of the
general plan, because, the intent of the General Plan is expressed in "The Palm
Springs Vision" contained in the opening pages of the 2007 Palm Springs
General Plan:
The Palm Springs Vision
- A world-renowned desert resort community where residents and visitors enjoy
safe neighborhoods, an exciting social environment and a relaxing leisure
experience.
- We enhance our natural, cultural, and historical resources with sustainable
economic growth and high style.
- We provide responsive, friendly and efficient public services within a
government that fosters unit among all our citizens;
and the amendments will help provide responsive and efficient government by
assuring that minor projects receive appropriately simpler reviews, while major
projects — even while processed under minor permits — receive greater scrutiny
in the most efficient and expedited manner.
EO
Planning Commission Resolution No. 6283
Case 5.1273 ZTA
July 11, 2012
Page 3 of 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council determine that the proposed
zone text amendment Case 5.1273 ZTA is Categorically Exempt from the provisions of
CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the
Guidelines for the California Environmental Quality Act and also recommends adoption
of an ordinance to approve a zone text amendment (Case 5.1273 ZTA), as set forth in
Exhibit A.
ADOPTED this 11th day of July 2012.
AYES: 6, Munger, Vice Chair Hudson, Klatchko, Roberts, Calerdine and Chair
Donenfeld
NOES: 1, Weremiuck
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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.jj4- *Ctaig. Ewing, AICP
Director of Planning Services
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 94.02.0113.3,
94.06.01.6.2 AND 94.04.00.E.2.a OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO DIRECTOR
REFERRAL OF MINOR PERMITS TO THE PLANNING
COMMISSION (CASE 5.1273 ZTA).
City Attorney's Summary
This Ordinance amends the procedural requirements for
Land Use Permits, Minor Architectural Approvals and
Administrative Minor Modifications to allow the Director of
Planning Services to refer applications for these permits to
the Planning Commission for action.
The City Council of the City of Palm Springs hereby finds:
A. On November 22, 2011, the Planning Commission initiated a Zone Text Amendment
(Case 5.1273 ZTA) to modify the Zoning Code to allow the Director of Planning
Services the option of referring to the Planning Commission minor development
applications.
B. The proposed amendments are considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and the it has been recommended
that the proposed amendments be determined to be Categorically Exempt from the
provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations)
of the Guidelines for the California Environmental Quality Act because the proposed
zone text amendments propose only insignificant changes to the procedural
requirements of minor permits, and do not result in any increase in land use
densities; and.
C. A notice of public hearing of the Planning Commission of the City of Palm Springs,
California for Case 5.1273 ZTA (Zone Text Amendment) was given in accordance
with applicable law.
D. On July 11, 2012 a public hearing of the Planning Commission was held to review
said case, 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, and
voted to recommend a Categorical Exemption for the project under CEQA and
recommend approval of the proposed amendments. 0
Ordinance No.
Page 2 of 4
E. A notice of public hearing of the City Council of the City of Palm Springs, California
for Case 5.1273 ZTA was given in accordance with applicable law.
F. On 2012, a public meeting on Case 5.1273 ZTA was held by the City
Council in accordance with applicable law, and at said hearing the City Council
carefully 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.
G. A Zone Text Amendment is adopted by ordinance and includes two readings and a
thirty -day period before it is effective.
H. An ordinance has been prepared for two readings before the City Council for the
approval of Case 5.1273 ZTA.
The proposed zoning code amendments are consistent with the intent of the zoning
code, because, according to Section 91.00.00, the Zoning Code is adopted "For the
purpose of promoting and protecting the public health, safety and welfare of the
people of the city of Palm Springs and to provide for the social, physical and
economic advantages resulting from comprehensive and orderly planned use of land
resources... "; and the amendments propose to allow Planning Commission review of
those rare applications for minor permits (LUP's, MAA's and AMM's) that in the
opinion of the Director of Planning Service have potentially significant impact on the
neighborhood or community; and that these additional review options will enhance
community involvement in land use and thereby directly promote and protect the
public welfare and improve the orderly planned use of land resources.
J. The proposed zoning code amendment is consistent with the intent of the general
plan, because, the intent of the General Plan is expressed in "The Palm Springs
Vision" contained in the opening pages of the 2007 Palm Springs General Plan:
The Palm Springs Vision
A world-renowned desert resort community where residents and visitors enjoy
safe neighborhoods, an exciting social environment and a relaxing leisure
experience.
We enhance our natural, cultural, and historical resources with sustainable
economic growth and high style.
We provide responsive, friendly and efficient public services within a
government that fosters unit among all our citizens;
and the amendments will help provide responsive and efficient government by
assuring that minor projects receive appropriately simpler reviews, while major
projects -- even while processed under minor permits — receive greater scrutiny in
the most efficient and expedited manner.
Ordinance No.
Page 3 of 4
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
Section 1. Pursuant to CEQA, the City Council hereby determines that the propose
amendment (Case 5.1280 ZTA) are Categorically Exempt from the provisions of CEQA
under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for
the California Environmental Quality Act because the proposed zone text amendments
propose only insignificant changes to the procedural requirements of minor permits, and
do not result in any increase in land use densities.
Section 2. Section 94.02.01 D.3 of the Palm Springs Municipal Code is amended to
read:
3. After completion of the investigation, the director of planning and building
shall either approve the land use permit, subject to those conditions of approval
he may deem necessary, or refer the entire matter to the planning commission
for review and action
Section 3. Section 94.04.00.E.2.a of the Palm Springs Municipal Code is amended to
read:
a. Staff -Level Approvals. Minor architectural applications which are acted
upon by the director of planning services, or designee, shall include repaints,
reroofs, walls, fences, entry features, signs, sign programs landscaping plans,
minor grading plans, exterior lighting plans, and additions which do not increase
existing floor area by forty percent (40%) for single-family residential and twenty-
five percent (25%) for all other development subject to this section. The director
of planning services may consult with the planning commission architectural
advisory committee in review of minor architectural applications, or refer the
entire matter to the planning commission for review and action.
Section 4. Section 94.06.01.B.2 of the Palm Springs Municipal Code is amended to
read:
2. Before the director may approve a minor modification pursuant to
the provisions of subsections (A)(9) through (A)(12) of this section, the
director shall find, based on evidence presented, that the modification as
approved will not have any detrimental effect on neighboring properties.
Before the director may approve a minor modification pursuant to the
provisions of (A)(4) through (A)(8) of this section, the director shall make
all of the following findings, based on evidence presented:
a. The requested minor modification is consistent with the
general plan, applicable specific plan(s) and overall
objectives of the zoning ordinance;
Ordinance No. _
Page 4 of 4
b. The neighboring properties will not be adversely affected as
a result of the approval or conditional approval of the minor
modification;
C. The approval or conditional approval of the minor
modification will not be detrimental to the health, safety, or
general welfare of persons residing or working on the site or
in the vicinity; and
d. The approval of the minor modification is justified by
environmental features, site conditions, location of existing
improvements, or historic development patterns of the
property or neighborhood.
The director shall make the decision in writing within five (5) days after the
filing of a complete application or after approval of the planning
commission. One (1) copy shall be mailed to the applicant and one (1)
copy shall be filed with the chair of the planning commission and the
director. The director may also refer the entire matter to the planning
commission for review and action.
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
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
2012.
STEPHEN P. POUGNET, MAYOR
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