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HomeMy WebLinkAbout1611 - ORDINANCES - 6/5/2002 ORDINANCE NO. 1611 AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO THE COMMUNITY SHOPPING CENTER ZONE INCLUDING USES PERMITTED, USES PROHIBITED, AND PERFORMANCE STANDARDS AND CONDITIONAL USE PERMIT CONDITIONS FOR SHOPPING CENTERS,TO PROMOTE CONSISTENCY WITH THE PROPOSED SMOKE TREE AREA PLAN, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 92.11.00 is amended to read as follows: The C-S-C zone is designed to combine the general variety of community-level commercial services, in a planned shopping complex. The organization of services into a coordinated and interrelated complex is found to be a desirable alternative to scattered strip commercial development. All new community shopping centers or proposed expansion of an existing community shopping centershall be approved pursuant to Section 94.02.00 Conditional Use Permit or Section 94.03.00 Planned Development District. (Ord. 1294 (part), 1988) SECTION 2. Section 92.11.01 is amended to read as follows: A. Uses Permitted. A community shopping center should feature those commercial sales and service establishments that satisfy the primary needs of the city's residential community at large. It is neither intended nor permitted for these facilities to dilute or to detract from the commercial base established in the central business district.Tourist-oriented commercial uses are not considered to be viable land use in the C-S-C zone. Buildings, structures and land shall be used and buildings and structures shall thereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.11.03. 1. All uses allowed in the C-D-N zone, Section 92.10.01(A); 2. Department stores; 3. Bowling alleys; 4. Home improvement centers unless restricted or prohibited by the General Plan; 5. Roller or ice skating facilities; 6. Theaters. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, and not more obnoxious or detrimental to the public health, safety and welfare or to the other uses permitted in the zone, as provided in Section 94.01.00. All uses shall be subject to the standards in Section 92.09.03. C. Uses Permitted by Land Use Permit. 1. Uses permitted by land use permit in the C-D-N zone, Section 92.10.01(B). w23A Ordinance 1611 Page 2 CASE NOS. 5.0897(A) and 5.0897(B) MAY 15, 2002 D. Uses Permitted by Conditional Use Permit(unless otherwise permitted). If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00.Such uses shall be designed integrallywith the center. 1.Automobile service stations, limited to the dispensing of motorfuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as engine, radiator, transmission or body repair; 2. Bowling alleys (Deleted by Ord. 1418); 3. Car washes; 4. Churches, freestanding; 5. Drive-through facilities; 6. Hotels and resort hotels subject to the R-3 zone standards, Section 92.04.00 7. Multi-family residential uses subject to the R-3 zone standards, Section 92.04.00, at locations identified in the General Plan only. 8. Nightclubs as a primary use; 9. Recreation centers, not otherwise regulated herein; 10. Theaters (Deleted by Ord. 1418); 11. Video/amusement arcades as a primary use subject to the provisions of Section 93.16.00; 12. Video/amusement machines as a secondary use subject to the provisions of Section 93.16.00. (Ord. 1418 (part), 1992; Ord. 1307 (part)„ 1988; Ord. 1294 (part), 1988) SECTION 3. Section 92.11.02 is amended to read as follows: All uses and structures not permitted in Section 92.11.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination. A. Automotive repair garages; B. Industrial uses; C. Motorcycle rentals and sales, both as a primary and accessory use; D. Residential uses, not otherwise allowable,; E. Wholesaling and warehousing. (Ord. 1294 (part), 1988) SECTION 4. Section 92.11.03 is amended to read as follows: The following property development standards shall apply to all land and buildings in the C-S-C zone, except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building,site. A. Site Area. Each community shopping center shall have a minimum site area of fifteen (15) acres and a maximum of sixty (60) acres. The site area shall generally correspond with the standards set forth in the general plan. I B.Site Dimensions. Each community shopping centershall have a minimum frontageof five hundred (500) feet on at least one (1) dedicated and improved major or secondary highway. C. Building Height. 1. Buildings and structures erected in this zone shall have a height not greater than thirty (30) feet. a. Exception. High-rise buildings may be permitted pursuant to the provisions of Sections 93.04.00 and 94.02.00. OfY IT Ordinance 1611 Page 3 CASE NOS. 5.0897(A) and 5.0897(B) MAY 15, 2002 2. Permitted Projections Above Building Height Limit. The provisions of Section 93.03.00 shall apply. D. Yards. ' 1. General Provisions. The provisions of Section 93.01.00 shall apply. a. Special Setbacks. For properties fronting Tahquitz Canyon Way or E. Palm Canyon Drive, see Special setbacks, Section 93.01.02. 2. Where property in the C-S-C zone abuts a street,there shall be a minimum yard abutting such street as follows: a.Twenty-five(25)percent of the total site frontage may have buildings constructed twenty- five (25) feet from the property line. The remainder of the site must have a minimum setback of thirty-five (35) feet from the property line. b. All parking must be set back a minimum of twenty(20)feet from the property line. 3. Where property in the C-S-C zone abuts property in any residential,there shall be a yard of not less than fifty(50)feet.A wall no less than six(6)feet in height shall be installed on the zone boundary line; a wall no greater than eight (8) feet in height may be installed with planning commission approval. Such yard may be used for parking or drives, provided the ten (10) feet nearest the wall is densely landscaped. E. Walls, Fences and Landscaping. 1. Walls shall be erected as required in Section 92.10.03(D)(3). 2. The provisions of Section 93.02.00 shall apply. F. Access. The provisions of Section 93.005.00 shall apply. G. Off-street Parking. The provisions of Section 93.06.00 shall apply. H. Off-street Loading and Trash Areas. 1. The provisions of Section 93.07.00 shall apply. 2. Loading docks,which are located within one hundred fifty(150)feet of a residential zone boundary, shall be screened from view from the residential area. I. Signs. The provisions of Section 93.20.00 shall apply. J. Storage. All goods, wares, merchandise, produce and other commodities which are stored, repaired, offered,or displayed for sale or exchange shall be housed in permanent buildings with the following exceptions: 1. Automobile service stations (pursuant to Section 94.02.00(H)(2)0)); 2. Plant nursery sales, limited to living plants; 3.Activities and uses outlined in Section 92.11.01(C)(Uses Permitted by Land Use Permit). K. Lighting. All lighting shall be indirect or shielded and so designed as to reflect away from adjoining properties, and shall comply with provisions of Section 93.21.00 Outdoor, Lighting Standards. L. Antennas. The provisions of Section 93.08.00 shall apply. M. Public Art. The provisions of Section 93.11.00 shall apply. (Ord. 1553(part), 1998; Ord. 1500 (part), 1995; Ord. 1418 (part), 1992; Ord. 1294 (part), 1988) SECTION 5. Section 92.11.04 is amended to read as follows: A. The shopping center shall be developed and maintained as a totally integrated unit with continuous vehicular and pedestrian systems, as well as a unified architectural and landscape treatment. B. The shopping center design shall make provision for other transportation systems,such as buses and bicycles, electric vehicles, as well as private automobiles. (Ord. 1294 (part), 1988) a3A 3 Ordinance 1611 Page 4 CASE NOS. 5.0897(A) and 5.0897(B) MAY 15, 2002 SECTION 6. Section 92.11.05 is amended to read as follows: All properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1294 (pars:), 1988) ' SECTION 7. Section 94.02.00 is amended to read as follows: The conditional use permit is intended For those types of land uses which require special consideration in a particular zone or in the city as a whole due to: the size of the area needed for full development of such use; the unusual traffic, noise, vibration, smoke or other problems incidental to its operation;special locational requirements not related to zoning;orto the effect that such uses may have on property values, health, safety, and welfare in the neighborhood or in the community as a whole. It is also for uses whose approximate location is indicated on the general plan but whose exact location and arrangement must be carefully studied. In granting the Permit, certain safeguards to protect the health,safety, and general welfare may be required as conditions of approval. Uses lawfully existing on the effective date of this Zoning Code which are listed as permitted subject to conditional use; permit in the zone in which they are located may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. H. Conditions for Specific Uses in the NCC and CSC Zone. 6. Shopping Centers. a. Application. A conditional use permit application for a shopping center shall include an application as described in this section. b. Approval. Approval of the CUP request by the city council shall establish a two (2)year time limit for the CUP. c. Requests for extensions of time shall be made to the planning commission.The applicant shall state the reasons for failure to comply with the';timing conditions set forth in this section, and ' shall demonstrate his ability to proceed with the development if the extension is granted. Upon recommendation by the planning commission, the city council may grant an extension of time. d. Bonds. The city council may require the posting of performance bonds to guarantee the installation of all site improvements which may include streets, paving, curbs, parking areas, landscaping,walls, lighting, sidewalks,sewers and utilities within the period of time specified by the conditional use permit. Such bond is to be posted prior to the issuance of the first building permit. Bonds shall contain a clause to allow an annual inflation cost to be added to the original bond amount. SECTION &EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. �3i4 Ordinance 1611 Page 5 CASE NOS. 5.0897(A) and 5.0897(B) MAY 15, 2002 SECTION 9. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, ' duly prepared according to law, to be published in accordance with law. ADOPTED THIS 5th day of June , 2002. AYES: Members Hodges, Mills, Oden, Reller—Spurgin, and Mayor Kleindi.enst NOES: None ABSENT: None CA ITY OF PALM SPRINGS, CALIFOR� � JQ City Clerk Mayor REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1611 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 5th day of June, 2002, and that same was published in the DESERT SUN, a newspaper of general lation on June 14, 2002. PATRICIA A. SANDERS City Clerk z A som