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HomeMy WebLinkAbout19015 - RESOLUTIONS - 4/16/1997 RESOLUTION NO. 19015 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING TIM CURRENT CODES & ORDINANCES WHICH PROHE31T COMMERCIAL ' ACTIVITIES IN THE SINGLE-FAMILY RESIDENTIAL ZONES. WHEREAS the City has been receiving an increasing number of complaints about single-fammily residences being used for commercial business and entertaimuent events; and WHEREAS Section 9201.02 of the Palm Springs Zoning Ordinance specifically prohibits commercial asses in the"R-I"Slagle I*andly Residential Zone; and WHEREAS, on this basis, the City has issued Notices of Violations to the property owners who have been continuously using their properties for commercial events; and WHEREAS there is a contention that celebrity homes, historic and architecturally-significant homes, and estate homes are a unique resource that brings business and entertainment functions which contribute substantially to the City's tourism efforts; and WHEREAS staff was directed to study the impact of conunercial uses in these homes; and WHEREAS a study group was formed in August 1996, consisting of members of the Visitors & Promotions Board, the Planning Commission, and the Historic Site Preservation Board, and their respective staffs, and WHEREAS the study group developed criteria under which business and entertainment functions could operate at single-family residences; and WHEREAS interested residents, tourism industry operatives, and other interested parties were invited to review the recommended operational criteria at public meetings held on October 3, 10 & 17, 1997; and WHEREAS, through the discussion at these public meetings, it became clear- that the majority of the residents and the tourism industry operatives were polarized regarding their acceptance of such uses being permitted in single-family residential neighborhoods; and WHEREAS the Planning Commission, at study sessions on December 18, 1996 and January 15, 1997, received public input regarding the commercial use of single-family residential properties; and WHEREAS the Planning Commission unanimously recommended that the prohibition of such commercial uses be maintained; and ' WHEREAS the Planning Commission further recommended that, should such uses be permitted, they be subject to a Conditional Use Permit with stringent conditions and requiring significant neighborhood involvement, and that significant monetary penalties be assessed for violations. / Res. No. 19015 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The General Plan provides that "the character of residential development ... has continued to lure those seeking to live or to visit Palm Springs. The main elements of this character, as established through preference and reflected in zoning regulations, are low profile.., set requirements for minimum announts of open space and recreation area, and protection from encroachment of low quality development and incompatible uses." The General Plan designates a ' majority of the City's urban area"Low-Density Residential" to maintain the City's low-density residential character. Section 2: Based upon the City's General Plan, the City has adopted a Zoning Ordinance, one of the chief goals of which is to classify and regulate uses in such a, manner as to protect the City's low-density residential character. The"R-I" Zone districts prohibit commercial and industrial uses. Only very-limited exceptions are made for uses such as home occupations, which are extensively regulated, for example, to prohibit (1) advertising, (2) any increase in pedestrian or vehicular traffic, (3) sales, signs or displays, or (4)vibration and light emanating from the property (Palm Springs Municipal Code Section 5.22.050). Section 3: The City of Palm Springs is world-renowned for the quality and privacy of its residential areas. Celebrities generally came to Palm Springs in part for the "village" atmosphere and privacy. Many of[lie City's "celebrity homes" were originally selected for their residential quality, including especially privacy. Neighborhoods are characterized by fencing, walls, lrtndscaping and design to shield living areas from the street. Many residential neiglborhoods appear almost rural in character without curbs, gutters, sidewalks or street lighting. Section 4: The celebrity home industry has attempted to exploit celebrity homes for commercial purposes. This has included conducting tours, malting the homes venues for partial- , and multiple-day events, and hosting parties and business meetings. These activities are completely contrary to the original reason the celebrity home was purchased, the current character of the zoning district and the intent oC the City's ordinances and regulations. These activities have involved advertising, increased pedestrian and vehicular traffic, increased noise and glare, parking shortages and the conduct of commercial sales. Often, the celebrity home event operators have not been careful of neighbor rights, have ignored enforcement action by the City and failed to conduct their activities in accordance with the law, Section 5: The City believes the study group effort has been useful and that the participants have attempted to reach a mutual understanding in good faith. While not unniindful of the fact that the celebrity home industry promotes Pahn Springs, complements the City's number-one industry, the hospitality industry, and contributes to the City's economic health, the City Council cannot allow the sacrifice of its residential neighborhoods. The residents of the most-affected neighborhoods continue to resist the promotion of celebrity homes. Accordingly, llie City Council is not prepared to modify any existing ordinances to create opportunities for the commercial exploitation of celebrity homes. NOW, TIiEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby upholds the current code and ordinance prohibition of commercial uses in the City's single-family residential neighborhoods; and BE IT FURTHER RESOLVED that the City Council directs the Planning Commission to further ' investigate the need for an administrative permit process for non-commercial, non-routine tours and events held at single-family residential properties which are sponsored by not-far-profit agencies; and Res 19015 BE IT FURTBER RESOLVED that connnercial uses in the City's residential neighborhoods shall be prosecuted as violations of the City's codes and ordinances. ADOPTED this 16 th day of April 1996. AYES: Members Barnes, Hodges, Spurgin and' Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: Member Oden ATTEST: CITY OF ALM SPI:INGS, C IA By �2— _1 1 City Clerk City Manager REVIEWED & APPROVED AS TO FORM