Loading...
HomeMy WebLinkAbout1633 - ORDINANCES - 9/3/2003 ORDINANCE NO. 1633 AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARDTOSECTION 92.12.00("C-1"RETAIL BUSINESS ZONE)AND SECTION 92.09.00 ("CBD" CENTRAL BUSINESS DISTRICT ZONE), TO ALLOW OUTDOOR DISPLAY OF LIMITED MERCHANDISE IN THE UPTOWN DISTRICT AREA. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 92.09.01 Central Business District(CBD) is amended to read as follows: 92.09.01 Uses permitted. A. Uses Permitted. Buildings,structures and land shall be used and buildings and structures shall ' hereafter be erected,altered or enlarged only for the following uses.All uses shall be subjectto the standards prescribed in Section 92.09.03. 1.Accessory uses customarily incident to the permitted uses and located on the same lot therewith are permitted. The sale of used merchandise will be permitted as secondary use if such merchandise is similarto the primaryline orlines of newmerchandise marketed bythe enterprise; 2. Antique shops; 3. Apparel stores; 4. Art galleries; 5. Artist studios; 6. Automobile parking lots and structures as a main use; 7. Bakeries (retail only, with no on-site consumption of food); 8. Barber shops; 9. Beauty shops and supplies; 10. Bicycle sales including accessory repair; 11. Book and stationery stores; Ordinance 1633 Page 2 ' 12. Confectionery stores; 13. Convention centers; 14. Dance studios; 15. Delicatessens (Deleted by Ord. 1553); 16. Department stores; 17. Drafting and art supply stores; 18. Dressmaking shops; 19. Drug stores; 20. Film and camera sales; 21. Florist shops; 22. Furniture sales; ' 23. Gift stores; 24. Hardware and appliance stores; 25. Hobby shops; 26.Hotels(provided that,no more than ten(10)percent of the guest rooms contain kitchen facilities) and multiple-family dwellings,subjectto the R-4zone standards(Section 92.05.00),including the following: a. Private clubs and condominiums, b. Resort hotels, including incidental or accessory commercial uses operated primarily for the convenience of the hotel guests; 27. Interior furnishing/decorator shops; 28. Jewelry stores; 29. Leather goods, luggage stores; 30. Libraries; ' 31. Medical/sick room supplies (retail); Page 2 of 18 a3 h A Ordinance 1633 Page 3 32. Modeling school, in conjunction with an approved modeling agency; 33. Movie theaters; 34. Museums; 35. Music stores; 36. Newspaper/periodical shops; 37.Offices(except contractors)and financial institutions, but offices and financial institutions shall not exceed five thousand (5,000)square feet of gross floor area if located on the street level nor front a street within the historic village center; 38. Outdoor Display as an accessory to a permitted main use and located on the same property as the permitted use in Central Business District zone between Amado Road and Alejo Road. a. Display of merchandise offered for sale within the 300-400 block of North Palm Canyon Drive only: i. Merchandise shall be limited to furniture, antiques, fine arts, and fine apparel. ii. A maximum of one(1)item may be displayed within a single contiguous area of 16 square feet that is totally located on front of and adjacent to the primary use. iii. Items must be freestanding and not attached to any building. ' iv. The maximum height of the display shall be seven feet. v. The display shall not be placed within the public right-of-way. vi. No product advertising nor signage may be placed on the display. vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically prohibited items include, but are not limited to, accessaries, display racks, mannequins (except torso display frames), and other items. viii. Approval of such display shall be subject Section 94.04.00, minor architectural application for a finding that the display is compatible with pedestrian movements and the character of the surrounding development. 39. Pet shop, including pet grooming (no kennel facilities); 40. Photographic studios; 41. Picture;framing (retail and assembly only); 42. Plant sales; 43. Public parks/plazas; 44. Movie, radio and television production and broadcast facilities; 45. Radio, television and music shops with service as an accessory use; ' Page 3 of 18 g-.3 Q Ordinance 1633 Page 4 ' 46. Shoe repair; 47. Shoe stores; 48. Slenderizing salons, health clubs, athletic clubs; 49. Sporting goods; 50. Stamp and coin stores; 51. Tailor shops; 52. Theaters, legitimate stage; 53. Toy stores; 54. Travel agencies; 55. Valet cleaning service; 56. Video/amusement arcades and machines as a secondary use in conjunction with a resort hotel subject to the provisions of Section 93.16.00; ' 57. Video/amusement machines as accessory subject to provisions of 93.16.00; 58. Wine shops. 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 ordetrimental to the public health,safety,and welfare orto the other uses permitted in the zone, as provided in Section 94.01.00. C. Uses Permitted by Land Use Permit. 1. Indoor uses; a. Art schools; b. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i. Standards prescribed in Section 92.04.01(A)(2), Accessory commercial uses for resort hotels, shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, iii. No service or repair facilities for the vehicles shall be permitted at the hotel site, Page 4 of 18 ` a 3 A '� Ordinance 1633 Page 5 iv.Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section 93.06.00; c. Bicycle rentals (Deleted by Ord. 1347); d. Bicycle rental agencies; e. Blueprinting and photocopying; f. Catering in conjunction with permitted main use; g. Child care centers; h.Conversion of existing upper-story floor area to apartments.The following standards shall apply: t. Each unit shall contain complete kitchen and sanitary facilities, ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv.Additional standards as deemed appropriate bythe director of planning and zoning, including considerations for open space, parking, and trash collection; i. Delicatessens; ' j. Farmers market; k. Festivals and exhibits; I. Food services and restaurants, all types unless otherwise regulated; m. Ice cream parlors; n. Post office branches; o. Offices (except contractors)and financial institutions on the street level which are in excess of five thousand(5,000)square feet of gross floor area,but offices and financial institutions which front a set within the historic village center shall not exceed two thousand five hundred(2,500)square feet of gross floor area; p.Spas provided thatthe staff is licensed and trained in the particular programs provided as outlined in Chapter5.34 of the Municipal Code and such facility complies with Chapter 5.34 of the Municipal Code; q. Specialty marketplaces; r. Take-out food service in conjunction with permitted restaurant use; ' Page 5 of 18 a3 A � Ordinance 1633 Page 6 s. Valet cleaning service. 2. Outdoor uses as an accessoryto a permitted main use and located on the same property as the permitted use: a. Art displays; b. Artisans, artists; c. Car shows; d. Christmas tree sales not as an accessory use to a main use; e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; ' j. Musicians/entertainment(subject to provisions of noise ordinance); k. Outdoor dining including beverage service; I. Plant and floral sales and displays; m. Postcard displays (limited to one per store frontage); n. Theatre and public assembly; o. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, v. Other uses as determined by the planning commission. 3.Outdooruses as an accessoryto a permitted main use and located on public property including ' the public right-of-way(streets and sidewalks): Page 6of 18 � � � � Ordinance 11533 Page 7 a. Art displays; b. Artisans, artists; c. Festivals, exhibits and special events; d. Florists; e. Musicians/entertainment (subject to provisions of noise ordinance); f. Outdoor dining including beverage service; g. Plant and floral sales 'and displays; h. Vending) carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, v. Other uses as determined by the planning commission. ' 4.Outdoor uses located on public property'including the public right-of-way(streets and sidewalks) when conducted in a designated area approved by the city council and undertaken as part of a festival,event or program to promote commercial,artistic or cultural activity in the downtown district: a. Art displays; b. Artisans, artists; c. Bicycle rental; d. Car shows; e. Farmers market; f. Fashion shows; g. Festivals, exhibits and special events; h. Florists;; i. Musicians/entertainment(subject to provisions of noise ordinance); ' Page 7 of 18 Ordinance 1633 Page 8 j. Outdoor dining including beverage service; k. Plant and floral sales and displays; I. Theatre and public assembly; m. Tourism activities kiosks; n. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, v. Antiques and collectibles, vi. Other uses as determined by the planning commission. D. Uses Permitted by Conditional Use Permit. ' 1. Automobile parking (Deleted by Ord. 1418); 2. Automobile service stations designed and constructed as an integral part of an automobile parking structure; 3. Automobile showrooms (at least fifty(50) percent of autos displayed for sale shall be new or classic cars); 4. Beer gardens; 5. Cocktail lounges and nightclubs with or without dancing; 6. Discotheques; 7. Financial institutions with drive-through facilities; 8. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 9. Liquor stores; 10. Lodges, meeting halls, private clubs; ' 11. Offices(except contractors)and financial institutions in excess of two thousand five hundred (2,500) square feet of gross floor area which front a street within the historic village center; Page 8 of 18 a3A � Ordinance 1633 Page 9 12. Recreational facilities, commercial; 13. Tennis courts (Deleted by Ord. 1418); 14. Time-share projects subject to the provisions of Section 93.15.00; 15.Video/amusement arcades as a primaryuse,and video/amusement machines as a secondary use,except as otherwise regulated,subject to the provisions of Section 93.16.00;and provided that, such arcades/machines are located no closerthan three hundred(300)feet to any other such use; 16. 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 (15:1 guest rooms, c.Staff shall be licensed and trained in the particular programs provided in accordancewith Chapter 5.34 of the Municipal Code, d.Such facility shall comply with Chapter 5.34 of the Municipal Code.(Ord. 1590§§§§8, 9, 2000; Ord. 1553(part), 1998;Ord. 1502(part), 1995;Ord.1423(part), 1992;Ord. 1418(part), 1992;Ord. 1385, 19911;Ord.1366(part), 1991;Ord.13217(part), 1990;Ord.1333(part), 1989;Ord. 1294(part), ' 1988) SECTION 2. Section 92.12.01, Retail Business Zone (C-1) is amended to read as follows: 92.12.01 Uses permitted. A. Uses Permitted. Buildings, structures and land shall be used and buildings and structures shall hereafter be erected,altered or enlarged onlyfor the following uses.All uses shall be subjectto the standards in Section 92.12.03. 1. Accessory uses customarily incidental to the permitted uses and located on the same lot therewith; 2. Antique shops; 3. Apparel) stores; 4. Art galleries; 5. Artists studios; 6. Art schools•, ' Page 9 of 18 Ordinance 1633 Page 10 7. Athletic or health clubs; 8. Auto parts (Deleted by Ord. 1502); 9. Bakeries, retail; 10. Banks and savings and loan institutions; 11. Barber shops; 12. Baths (Deleted by Ord. 1502); 13. Beauty parlors and colleges; 14. Bicycle sales including accessory repair; 15. Blueprinting and photocopying; 16. Book and stationery stores; 17. Catering, in conjunction with a permitted food service use; 18. Confectionery stores; ' 19. Dancing studios; 20. Department stores; 21. Drug stores; 22. Film and camera sales and exchange; 23. Florist shops; 24. Food stores and delicatessens; 25. Furniture stores; 26. Gift and hobby shops; 27. Hardware and appliance stores; 28. Hotels and resort hotels subject to the R-3 zone standards, Section 92.04.00; 29. Jewelry stores; ' 30. Laundromats (Deleted by Ord. 1324); Page 10of 19 Ordinance 1633 Page 11 31. Libraries; 32. Liquor stores (Deleted by Ord. 1324); 33. Medical/sick room supplies (retail); 34. Modeling schools; 35. Movie, radio and TV production and broadcast facilities; 36. Multiple:-family dwellings subject to the: R-3 zone standards, Section 92.04.00; 37. Museurns; 38. Music shops; 39. Newsstands; 40. Offices, not including storage or presence of goods, materials, supplies or equipment not consumed or used by office use on the premises, or storage or presence of vehicles not used to transport business personnel or patrons to and from the premises; 41. Outdoor Display as an accessory to a permitted main use and located on the same property as the permitted use in the Uptown district north of Alejo Road. ' a. Display of merchandise offered for sale in the Uptown area on North Palm Canyon Drive between Alejo Road and Vista Chino Road: I. Merchandise shall be limited to furniture, antiques, fine arts, and fine apparel. ii. A maximum of three(3)items may be displayed within a single contiguous area of 32 square feet that is totally located on front of and adjacent to the primary use. iii. Items must be freestanding and not attached to any building. iv. The maximum height of the display shall be seven feet. v. The display shall not be placed within the public right-of-way. vi. No product advertising nor signage may be placed on the display. vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically prohibited items include, but are not limited to, accessaries, display racks, mannequins (except torso display frames), and other items. viii. Approval of such display shall be subject Section 94.04.00, minor architectural approval for a finding that the display is compatible with pedestrian movements and the character of the surrounding development. 42. Pet stores, pet grooming; 43. Photographers studios; 44. Private clubs; , a3 � rt Page 11 of 18 Ordinance 1633 Page 12 45. Restaurants,with or without outdoor dining,excluding drive-in or drive-through restaurants,or those within mixed-use developments in excess of twenty thousand(20,000)square feet of floor area; 46. Security exchange; 47. Shoe stores; 48. Small appliance shops and service; 49. Supermarkets; 50. Tailor shops; 51. Theaters, movie and legitimate stage; 52. Travel agencies; 53. Toy stores; 54. Used/consignment merchandise in conjunction with new merchandise or antiques, provided fifty(50) percent of stock is new merchandise or antiques; ' 55. Video/amusement machines as an accessory use subject to the provisions of Section 93.16.00. 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 orto 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. Indoor Uses: a. Auction houses, pursuant to Chapter 5.04 of the Municipal Code; b. Automotive rental agencies as part of a resort hotel. The following standards shall apply: i.Standards prescribed in Section 92.04.01(A)(2),Accessory Commercial Uses for Resort Hotels, shall be complied with, ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only, ' iii. No service or repair facilities for the vehicles shall be permitted at the hotel site, Page 12 of IS ^ ' Ordinance 1633 Page 13 iv.Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the provisions of Section,93.06.00; c. Bicycle rental; d. Catering in conjunction with permitted main use; e. Child care centers; f.Conversion of existing upper-story floor area to apartments.Thefollowing standards shall apply: I. Each unit shall contain complete kitchen and sanitary facilities, ii. No outdoor storage may be visible from any street, iii. Such conversion shall be subject to applicable building code provisions, iv.Additional standards as deemed appropriate by the director of planning and zoning, including considerations for open space, parking, and trash collection; g. Farmers market; h. Festivals and exhibits; i. Ice cream parlors; , j. Restaurants within mixed-use developments; k. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as outlined in Chapter5.34 of the Municipal Code and such facility is in compliance with Chapter 5.34 of the Municipal Code; I. Special purpose schools; m. Take-out food service in conjunction With permitted restaurant use; n. Valet cleaning service. 2.Outdoor uses as an accessory to a permitted main use and located on the same property as the permitted use: a. Art displays; b. Artisans, artists; c. Car shows; d. Christmas tree sales not as an accessory use to a main use; 0Z R G1 Page 13 of 18 x Ordinance 1633 Page 14 ' e. Display cases in malls or courts; f. Farmers market; g. Fashion shows; h. Festivals, exhibits and special events; i. Florists; j. Musicians/entertainment (subject to provisions of noise ordinance); k. Plant and floral sales and displays; I. Postcard displays (limited to one per store frontage); m. Recycling collection center as an accessory use on a developed property; n. Theatre and public assembly; o. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, iv. Floral items, v. Other uses as determined by the planning commission. 3.Outdoor uses as an accessory to a permitted main use and located on public property including the public right-of-way(streets and sidewalks): a. Art displays; b. Artisans, artists; c. Festivals, exhibits and special events; d. Florists; e. Install auto accessories (Deleted by Ord. 1324); f. Musicians/entertainment(subject to provisions of noise ordinance); ' g. Outdoor dining including beverage service; Page 14 of 18 a 3 A y Ordinance 1633 Page 15 h. Plant and floral sales and displays; i. Vending carts dispensing the following: i. Food, ii Beverages, iii. Crafts, iv. Floral items, v. Other uses as determined by the planning commission. 4.Outdooruses located on public property including the public right-of-way(streets and sidewalks) and conducted in a designated area approved by the City Council and undertaken as part of a festival,event or program to promote commercial,artistic or cultural activity in the downtown district: a. Art displays; b. Artisans, artists; c. Car shows; d. Farmers market; ' e. Fashion shows; f. Festivals, exhibits and special events; g. Florists; h. Musicians/entertainment(subject to provisions of noise ordinance); i. Outdoor dining including beverage service; j. Plant and floral sales and displays; k. Theatre and public assembly; I. Vending carts dispensing the following: i. Food, ii. Beverages, iii. Crafts, , —i Page 15 of 18 IS Ordinance 1633 Page 16 iv. Floral items, v. Antiques and collectibles, vi. Other uses as determined by the planning commission. 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.Ambulance services, and accessory uses customarily incident to the permitted use; provided, the site is located on a major or secondary thoroughfare as indicated by the general plan; 2. Automobile parking lots not in conjunction with a permitted use, subject to the provisions of Section 93.06.00; 3. Automobile parking structures; 4. Auto parts and accessories, retail, and installation of same; 5. Automobile sales agencies (at least fifty(50) percent of autos displayed for sale shall be new); 6. Automobile service stations; 7. Car washes; 8. Churches; 9. Cocktail lounges and night clubs as a primary use; 10. Commercial recreational facilities; 11. Convenience stores; 12. Convention center; 13. Drive-through facilities; 14. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities; 15. Laundromats; 16. Liquor stores; 17. Lodges, meeting halls; 18. Motorcycle rental provided there is no fluid service or engine part removal or repair conducted ' on the premises. All activities including instructions and driver checkout are to be conducted on private propertywithin an approved parking area. In orderto address potential noise concerns, all Page 16 of 18 Ordinance 1633 Page 17 rental bikes will maintain the original exhaust systems approved by the manufacturer and the state of California; 19. Pawn shops, provided that no pawn shop is located closer than two thousand five hundred (2,500)feet to another; 20. Restaurants within a hotel containing from thirty(30)to ninety-nine (99) guest rooms; 21. Spas provided that staff is licensed and trained in the particular programs provided and such facility is in compliance with Chapter 5.34 of the Municipal Code; 22. 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 accordancewith Chapter 5.34 of the Municipal Code, d. Such facility shall comply with Chapter 5.34 of the Municipal Code; 23. Thrift shops operated by charitable organizations; ' 24. Time-share projects subject to the provisions of Section 93.15.00; 25. Video/amusement arcades as a primary use subject to the provisions of Section 93.16.00; 26.Video/amusement machines as a secondary use subject to the provisions of Section 93.16.00. (Ord.1590§§10,2000:Ord. 1553(part), 1998;Ord. 1551 (part), 1998;Ord. 1502(part), 1995;Ord. 1418(part), 1992;Ord.1366(part), 1991;Ord. 1347(part), 1990;Ord. 1324(part), 1989;Ord. 1294 (part), 1988). SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)days after passage. Page 17 of 18 A / Ordinance 1633 Page 18 ' SECTION 4. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passageof this Ordinance,and to causethe same or summarythereof ora display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS 3rd day of September 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor `Kleindienst NOES: None ABSENT: Member Hodges ABSTENTIONS: None iTTEST- I � Al�S P IF RNIA B ity Clerk Mayor REVIEWED & APPROVED: Aff I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1633 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 3rd day of (September, 2003, and that summary of same was published in the DESERT SUN, a newspaper of general circulation on August 26, 2003'pnd-Se ember 0 PATRICIA A. SANDERS City Clerk Page 18of 18 � � ` "