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HomeMy WebLinkAbout21115 - RESOLUTIONS - 10/20/2004RESOLUTION NO. 21115 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION THAT A CHURCH IS NOT A SIMILAR USE TO A BOOKSTORE OR OFFICE IN THE CENTRAL BUSINESS DISTRICT (CBD) ZONE. WHEREAS, the Planning Commission has received a zoning text determination request from Desert Cities Community Church of Religious Science that its proposed used is similar to an allowable use within the Central Business District (CBD) zone; and WHEREAS, Desert Cities Community Church of Religious Science proposes to offer classes, lectures, books and tapes for sale, a place for prayer, meditation, and spiritual guidance, and free ESL classes of no more than 15 students; and WHEREAS, the Desert Cities Community Church of Religious Science website states that church services will be held on Sundays at 9:00 a.m., 11:00 a.m., and 7:00 p.m., and the floor plan indicates that a significant portion of the floor space will be used for church services; and WHEREAS, churches are not listed as a land use in Section 92.09.00 (Central Business District zone) of the Palm Springs Zoning Ordinance and are therefore prohibited in the ' CBD zone; and WHEREAS, the Planning Commission held a public meeting on July 28, 2004 and considered all evidence, including but not limited to, staff report, oral and written information; and WHEREAS, at the conclusion of the public hearing, the Planning Commission voted to determine that a church is not similar to a bookstore or office and that the applicant should initiate a zoning text amendment to add churches as a land use, with a conditional use permit, in the CBD zone, unless the floor plan is modified in such a way that the primary use of the space is clearly a bookstore or an office; and WHEREAS, the applicant filed an appeal of the Planning Commissions' decision on August 11, 2004; and WHEREAS, the City Council held a public hearing on October 6, 2004 for the appeal of the Planning Commission's determination; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with this request, including but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: ' Section 1: Pursuant to Zoning Ordinance Section 94.01.02, the City Council finds that: 1. That the use is in keeping with the stated intent and purpose of the zone. Resolution 21115 Page 2 The finding should not be made because the use is not in keeping with the stated intent ' and purpose of the zone, which states, "the CBD zone is intended for the central business district, primarily retail business in character, with related hotels, multiple -family dwellings, and service, office, cultural and institutional uses. The central business district is intended to be a compact, lively, active, intensively used area catering to the pedestrian. Planted walkways, covered walks and open plazas that provide for sitting, dining, conversing, gathering and window shopping are permitted and encouraged." The proposed primary use is not an active, lively use that is retail business in character and therefore, does not meet the stated intent and purpose of the zone. 2. That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located. The site is located within the Amado Center located at 333 North Palm Canyon Drive. The space that is being leased is located on the interior courtyard of the center and does not front onto a street. Surrounding land uses include professional offices and retail/restaurant uses. The CBD zone lists many permitted land uses with the majority focused on downtown/visitor-serving uses of a commercial and retail nature. The proposed land use offers services including classes, lectures, regular weekly services, and a place of prayer and meditation. The proposed use is not of a commercial or retail nature and therefore, would not be compatible with permitted uses in the CBD zone. 3. That the subject use is similar to one (1) or more uses permitted in the zone within which it is proposed to be located. ' The applicant is requesting that the Commission determine that the church is similar to an office or bookstore. However, a review of the floor plan and field investigation by staff revealed that the proposed land use is not similar to uses in the immediate vicinity of the site. Uses in the immediate vicinity of the site include a hair salon, yoga center, physical therapy, professional offices, retail clothing, restaurant/food uses, and personal services such as tailors. The proposed land use does not have a commercial or retail character and therefore, is not similar to one or more uses permitted in the CBD zone. The proposed church is more similar to uses requiring a conditional use permit listed in the CBD zone, such as lodges, meeting halls, and private clubs. Therefore, a zoning text amendment to add churches as a land use, with a conditional use permit, in the CBD zone would be more appropriate. 4. That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be listed. The proposed land use may have the potential to impact surrounding property values because it is not similar to surrounding retail/commercial uses. Resolution 21115 Page 3 ' NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Springs upholds the Planning Commission's determination that a church is not similar to a bookstore or office in the CBD Zone and directs staff to prepare a zoning text amendment that would add churches in the CBD Zone, with a conditional use permit. ADOPTED this 201h day of October, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Mana Reviewed and Approved as to Form: