HomeMy WebLinkAbout1634 - ORDINANCES - 9/3/2003 ORDINANCE NO. 1634
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN
REGARD TO CHAPTER 94.00, SECTION 94.05, NON-
CONFORMING USES AND STRUCTURES ORDINANCE TO
PROVIDE A RELIEF MECHANISM FOR MULTI-FAMILY
RESIDENTIAL USES ANDATRANSIENTTYPE USE(HOTEL)
AFFECTED BY THE 1973 AND 1995 DOWN-ZONING
(ORDINANCE NO. 951 AND ORDINANCE NO.1513).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 94.05.042 is amended to read as follows:
94.05.042 Termination of nonconforming use.
A.Any use which is nonconforming as provided in this chapter,shall be removed orconverted
and the premises thereafter shall be devoted to uses consistent with the zoning of the
property,within ten(10)years from the date such use became nonconforming unless extended
as provided in Section 94.05.07, or unless a conditional use permit has been obtained as
provided in Section 94.05.08.
B.Any use which does not comply with this section shall be deemed a public nuisance and
shall be abated accordingly unless an exception shall be granted bythe planning commission
or city council.
C. Nothings contained inthis Zoning Code shall be construed to require abatementof a lawful
structure enclosing a nonconforming usewhich can be relocated as provided in this Zoning
Code.
D.Anyportion of a nonconforming building,structure oruse which is altered orchanged to a
conforming use shall not thereafter be used fora nonconforming use.(Ord. 1294(part), 1988)
SECTION 2. Section 94.05.08 added to read as follows:
94.05.08 Special non-conforming multi-family structures permitted as conditional
uses.
A. Those multi-family structure and users and a transient type use(hotel)which became non-
conforming in 1973 or 1995 due to Ordinance No. 951 and 1513 respectively, maybe
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Ordinance 1634
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permitted to continue indefinitely when a conditional use permit is approved pursuantto
the requirements of this section, and of section 94.02.00 (CUPS) and the use shall
thereafter be considered a permitted use so long as the use is in compliance with the
conditional use. The conditional use may be approved if the following conditions are
adequately met:
1. The extension of the use shall assist the preservation of decent and habitable transient and
permanent rental stock;
2. The extension of the use will not adversely affect current and future city services;
3. The extension of the use complies to the greatest extent possible with General Plan, and
accomplishes important General Plan policies;
4. The use, as conditioned, reasonably complies with zoning and existing uniform building
and fire codes.
5. The project is developed, landscaped, and maintained in a mannerto be harmonious with
surrounding property and positively contributes to neighborhood values;
6. The project has adequate traffic circulation and parking;
7. The applicant's have implemented adequate methods to assure the future and continuity
of management and property maintenance of the project;
8. The applicant has implemented satisfactory measures to provide property security and
tenant activity to minimize criminal activity as demonstrated by police activity reports;
9. All conditions of Section 94.05.04 shall be met; and
' 10.Any otherfactors deemed relevant pnd anyother information which the commission orthe
applicant considers necessary or desirable to an appropriate an proper consideration of
the application.
B. The Conditional Use Permit shall provide appropriate provisions for periodic review, or
review by complaint,and can be revoked forfailure to continuously meetthe conditions of
approval.
C. The Planning Commission after holding a public hearing pursuant to Section 94.05.06 and
based upon a review of the entire record, may approve a conditional use permit which
imposes conditions pursuant to Section 94.02.00. The decision of the planning
commission is final unless appealed to the city council in a manner provided by Chapter
2.05 of the Palm Springs Municipal Code.
SECTION 3. Section 94.05.08 is amended to read as follows:
94.05.09 Public nuisance.
Any nonconforming use continuing beyond the date for abatement set by the planning
commission or city council shall be considered a public nuisance and subject to immediate
abatement unless a time extension has been granted pursuant to Sections 94.05.07 and
94.05.08
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Ordinance 1634
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SECTION 4. Section 94,05.09 is amended to read as follows:
94.05.10 Continuation of nonconforming uses and buildings.
The nonconforming uses and buildings which exist pursuant to special permission underthis
Zoning Code orany previous ordinance,shall be permitted to continue underthe conditions
and regulations imposed in such permit, administrative approval, or variance. (Ord. 1294
(part), 1988)
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)
days after passage.
SECTION 6. 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 3rd _day of September 2003.
AYES: Members Mills, Oden, R:eller-Spurgin and Mayor Kleindienst
NOES: None '
ABSENT: Member Hodges
ABSTENTIONS: None
ATTEST: � ) CITY OP#,LM S�PRING�ALIFORNIA
City Clerk Mayor
REVIEWED & APPROVED: ?
I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1634 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 a eptember 11 , 0
PATRICIA A_ SANDERS
City Clerk '