HomeMy WebLinkAbout2006-09-06 STAFF REPORTS 1E �p ALM SA?
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CITY COUNCIL STAFF REPORT
DATE: September 6, 2006 LEGISLATIVE ITEM
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1699 FOR A
PERIOD OF 10 MONTHS AND 15 DAYS, PROHIBITING STREET LEVEL
OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING
STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC
VILLAGE CENTER SUBJECT TO A CONDITIONAL USE PERMIT,
PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF
STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE
HISTORIC VILLAGE CENTER AND THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND
USE REGULATIONS." (4/5THS VOTE REQUIRED)
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
1. Waive reading of the Ordinance text and adopt by title only.
2. ADOPT ORDINANCE NO. , "AN INTERIM URGENCY ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE NO. 1699
FOR A PERIOD OF 10 MONTHS AND 15 DAYS, PROHIBITING STREET LEVEL
OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL
FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER SUBJECT TO A
CONDITIONAL USE PERMIT, PENDING THE COMPLETION OF A STUDY OF THE
EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE
HISTORIC VILLAGE CENTER AND THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE
REGULATIONS." (4/5THS VOTE REQUIRED)
$151671 ITEM NO. • �•
City Council Staff Report
July 26, 2006 -- Page 2
Ordinance Street Level Office; Historic Village Center
STAFF ANALYSIS:
On July 26, 2006, the City Council adopted Interim Urgency Ordinance No. 1699,
which imposed a 45 day moratorium on the establishment of new commercial office and
financial institutional uses on the ground floor of buildings in the Historic Village Center
of the City. Ordinance No. 1699 affected what we described as a "redefined" Historic
Village Center that included the Historic Village Center as described in the City's Zoning
Code and additional areas, including the west side of Indian Canyon Drive between
Alejo and Baristo and the south side of Alejo, between Palm Canyon and Indian Canyon
Drive.
The City's central business district zone is an area that is intended to be primarily
commercial retail in character, with related hotels, multiple-family dwellings, and service,
office, cultural and institutional uses in a supporting role. The City's Zoning Ordinance
• provides that the central business district is intended to be a compact, lively, active,
intensively used area catering to pedestrians and pedestrian activities. Planted
1 walkways, covered walks and open plazas that provide for sitting, dining, conversing,
gathering and window shopping are permitted and encouraged in the central business
district zone. The City's Historic Village Center, including the proposed additional
areas, is a sub-area within the central business district and, pursuant to the City's
Zoning Ordinance, is intended to serve as the center of the downtown with the primary
economic activities focusing on specialty retail, restaurants and entertainment.
The City's current General Plan and the Community Redevelopment Plans
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center. It is anticipated that as a result of the ongoing general plan
update, the new general play will contain polices and programs that will further
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center.
The current Zoning Code allows office and financial institution uses on property
zoned with the C-B-D Zone so long as these uses are no more than 5,000 square feet
in total area on the street level and the office and financial institution uses are not
located within the historic village center. The Code also allows offices and financial
institutions in the historic village center subject to a land use permit so long as the floor
area of the office or financial institution that fronts a street does not exceed 2,500
square feet. And lastly, the Code allows office and financial institution uses of more
than 2,500 square feet to front a street in the historic village center subject to a
conditional use permit. The Code does not define "office" or "financial institutions."
City staff has broadly applied the term "office" to include the full range of general and
professional office uses, including medical and dental, real estate and property
management, attorneys, architects, designers, etc.
SI$167.1
City Council Staff Report
July 26, 2006 -- Page 3
Ordinance Street Level Office; Historic Village Center
Over the last several months, street level retail uses have been converting to
office uses. These conversions are incrementally changing the character of the City's
historic village center and have significantly eroded the vitality and economic health of
the historic village center and adversely affected the attractiveness of the historic village
,center as a pedestrian friendly environment.
In order to ensure the viability and vibrancy of a pedestrian friendly retail,
1 entertainment, and restaurant historic village center as provided for in the City's Zoning
Ordinance and the City's adopted plans and policies, staff is recommending that current
interim urgency ordinance be extended and thereby continue the limitation on street
level uses in the historic village center to commercial retail, entertainment, and
restaurant uses and the prohibition of street level general and professional offices in the
historic village district. Street level financial institution uses will only be allowed subject
to a conditional use permit after satisfying specific criteria designed to ensure that the
commercial retail character of the historic village district is not adversely affected.
City staff has commenced an inventory of ground floor space in the downtown
area and has also commenced the review and consideration of alternate approaches to
encouraging the development and preservation of ground floor retail uses in the Historic
Village Center of the City. It is recommended that the City Council extend the current
moratorium for forty-five days to provide additional time for staff to complete its review
and formulate a recommendation to the City Council. A report will be submitted to the
Council before the expiration of the extension and the Council can consider whether the
interim ordinance should be further extended.
FISCAL IMPACT:
There should be no fiscal impact on the City except to the extent the review of the City's
code and preparation of an adequate report for Council consideration will affect current
staff wor to s.
Dougla Wolland, City Attorney
David H. Ready, City MIEOIer
Attachment:
Proposed Ordinance
515167,1
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE
NO. 1699 FOR A PERIOD OF 10 MONTHS AND 15 DAYS,
PROHIBITING STREET LEVEL OFFICES IN THE
HISTORIC VILLAGE CENTER, AND ALLOWING STREET
LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC
VILLAGE CENTER SUBJECT TO A CONDITIONAL USE
PERMIT, PENDING THE COMPLETION OF A STUDY OF
THE EFFECTS OF STREET LEVEL OFFICE AND
FINANCIAL INSTITUTION USES IN THE HISTORIC
VILLAGE CENTER AND THE ADOPTION OF ANY AND
ALL AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS." (4/5THS VOTE
REQUIRED)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. This interim urgency ordinance is adopted pursuant to Section
65858 of the California Government Code and pursuant to the City's authority over
matters of local concern as a charter city.
SECTION 2, On July 26, 2006, the City Council adopted Ordinance No. 1699, an
initial interim urgency ordinance, and found that the loss of ground floor commercial
retail businesses in the Historic Village Center of the City would have a deleterious
effect on the downtown and prohibited the construction of street level commercial office
uses and required a conditional use permit for any proposal to operate any new
financial institutional uses in the Historic Village Center for forty-five days pending
completion of appropriate studies and consideration of alternative land use approaches
for addressing the health, safety, and welfare issues associated with the construction or
operation of new ground floor commercial office and financial institutional uses on the
Historic Village Center and the Central Business District of the City.
SECTION 3. During the initial interim period established by City Ordinance No.
1692, the City Council and its Planning Services Department commenced the studies
and reviews described in the Report filed with the City Council and considered by the
City Council at its meeting of July 26, 2006.
SECTION 4. The City of Palm Springs shall not issue or approve any general plan
amendment, specific plan, zone change, building permit, conditional use permit,
variance, planned development permit, precise plan of design, or other land use
entitlement for the construction of, or the conversion of existing uses to, street level
office use or financial institution use within that portion of the Central Business District
Zone of the City known and referred to as the Historic Village Center, except as
otherwise provided in this interim urgency ordinance.
Ordinance No.
Page 2
SECTION 5. During the term of this interim urgency ordinance, a financial
institution use may be constructed on the street level within the Historic Village Center
subject to a conditional use permit and only subject to the following conditions:
A. The total floor area of the proposed financial institution use, when added to any
existing street level office an/or financial institution use in the affected building, is the
lesser of not more than 2,500 square feet or 25% of the total floor area of the street
level area of the affected building,-
B. The Planning Commission, or if appealed, the City Council, finds on the basis of
substantial evidence on the record that a financial institution use would be more
compatible with the existing and planned uses in the vicinity of the proposed use than a
retail commercial use on the street level at the proposed location and that a financial
institution use would be more beneficial than a retail commercial use in implementing
applicable land use policies of the City Council or the City's Community Redevelopment
Agency, including the Palm Springs General Plan and any applicable Amended and
Restated Redevelopment Plan.
SECTION 6. For the purpose of this ordinance, the following streets shall be
deemed to be within the Historic Village Center: Palm Canyon Drive, between Alejo
and Baristo Roads; Tahquitz Canyon Way, between Belardo Road and Indian Canyon
Drive; Andreas Road, between Palm Canyon and Indian Canyon Drives; Arenas Road,
between Belardo Road and Indian Canyon Drive; Baristo Road, northerly side, between
Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between
Alejo and Baristo Roads; and Alejo Road, southerly side, between Palm Canyon and
Indian Canyon Drives. This Section 6 of this Ordinance shall be deemed an
amendment to Subsection (b) of Section 92.09.00 or the Palm Springs Municipal Code.
SECTION 7. The provisions of Section 92.09.01 A.37 of the City's Zoning Code
shall be deemed suspended and no longer in force or effect during the term of this
interim urgency ordinance.
SECTION 8. The City Council hereby finds, determines, and declares that this
interim urgency ordinance adopted pursuant to California Government Code Section
65858 is necessary because:
A. The City's central business district zone, an area that is intended to be primarily
commercial retail in character, with related hotels, multiple-family dwellings, and service,
office, cultural and institutional uses in a supporting role. The central business district is
intended to be a compact, lively, active, intensively used area catering to pedestrians
and pedestrian activities. Planted walkways, covered walks and open plazas that
provide for sitting, dining, conversing, gathering and window shopping are permitted and
encouraged in the central business district zone. The City's historic village center,
which is a sub-area within the central business district, is intended to serve as the
center of the downtown with the primary economic activities focusing on specialty retail,
restaurants and entertainment.
Ordinance No.
Page 3
B. The City's current General Plan and the Community Redevelopment Plans
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center. It is anticipated that the general plan update, currently in
process, will contain polices and programs that will further encourage street level retail
commercial, entertainment, and restaurant uses in the historic village center-
C. In order to ensure the viability and vibrancy of a pedestrian friendly retail,
entertainment, and restaurant historic village center as provided for in the City's Zoning
Ordinance and the City's adopted plans and policies, street level uses should be limited
to commercial retail, entertainment, and restaurant uses and general and professional
offices and financial institution uses should be discouraged and limited.
D. Over the last several months, existing street level retail commercial uses have
been converted to general and commercial office uses and the retail commercial uses
' have been lost. This conversion of street level retail commercial uses to office uses
have significantly eroded the vitality and economic health of the historic village center
and adversely affected the attractiveness of the historic village center as a pedestrian
friendly environment,
E. The conversion of street level retail commercial space to office uses presents an
immediate threat to the public health, safety, and welfare in that the City currently has
Hmited supply of street level retail space in the historic village center. The City intends
to study the economic and market impacts of converting street level retail commercial
uses to office uses and the construction of street level office uses in the historic village
center and to propose amendments to the City's municipal code to address these
impacts. The City must prohibit the construction of, and the conversion of street level
retail commercial uses to, street level office uses while staff completes its land use
studies and its economic analysis on the impacts of such construction and conversions.
SECTION 9. Ten days prior to the expiration of this interim urgency ordinance,
and any extension thereof, the City Council shall issue a written report describing the
measures which the City has taken to address the conditions which led to the adoption
of this ordinance or any extension.
SECTION 10. This interim urgency ordinance shall be deemed an extension of
Ordinance No. 1699, and shall take effect on September 9, 2006 and shall remain in full
force and effect until July 26, 2007 and shall thereafter be of no further force and effect
unless, after notice pursuant to California Government Code Section 65090 and a public
hearing, the City Council extends this interim urgency ordinance for an additional period
of time pursuant to California Government Code Section 65858.
SECTION 11. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction such
decision shall not affect the validity of effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause and
Ordinance No.
Page 4
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this day of
2006.
RON ODON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. _ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
EXTENSION OF INTERIM URGENCY ORDINANCE — HISTORIC VILLAGE CENTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs will hold a public hearing on
September 6, 2006. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall,
3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider the extension, for 10 months and 15 days, of the Interim Urgency
Ordinance adopting interim urgency regulations prohibiting street level offices in the Historic Village Center
of the City of Palm Springs, and allowing street level financial institutions in the Historic Village Center
subject to a conditional use permit, pending completion of a study of the effects of street level office and
financial institution uses in the Historic Village Center of the City as may be needed to alleviate a current
• and actual threat to the public health, safety, and welfare. The current Interim Urgency Ordinance expires
' on September 9, 2006.
Pursuant to Government Code Section 65858(a) and its authority over matters of local concern as a charter
city, the City Council finds that street level uses should be limited to commercial retail, entertainment, and
restaurant uses, and general and professional offices and financial institution uses should be discouraged
and limited in order to ensure the viability and vibrancy of a pedestrian friendly retail, entertainment, and
restaurant historic village center as provided for in the City's Zoning Ordinance and the City's adopted plans
and policies. For the period of this Ordinance the City of Palm Springs shall not issue or approve any
general plan amendment, specific plan, zone change, building permit, conditional use permit, variance,
planned development permit, precise plan of design, or other land use entitlement for the construction of, or
the conversion of existing uses to, street level office use or financial institution use within that portion of the
Central Business District Zone of the City known and referred to as the Historic Village Center, as defined in
the interim urgency ordinance, except as otherwise provided in the interim urgency ordinance.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead agency for
this project under the California Environmental Quality Act (CEQA), evaluated the potential environmental
impacts of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is exempt from
environmental review whereas the Ordinance authorizes the undertaking of feasibility and planning studies
and any development which may occur pursuant to the interim standards will not be approved until a
complete environmental evaluation of the proposed project has occurred.
REVIEW OF PROJECT INFORMATION: The Interim Urgency Ordinance, staff report, and other
supporting documents regarding this project are available for public review at City Hail between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday. Please contact the Office of the City Clerk at (760) 323-
8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing
and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or
hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding'11his
matter may be directed to Craig A. Ewing, Director of Planning Services, (760) 323-8245
Si necesits ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine-.
Fieger telefono (760) 323-8245. _
?meszTho�mpson, City Clerk
I-J
PROOF OF PUBLICATION „is is si fur Cuunty Clerlc'y Filing stalup
(2015.5.C.C.P) 2URS i`.Ui, 31 f,'s' 8� 3S:•
JA(-!FrS
NOTICE OF p y ��> r,h1
No. 2700 IL11 HE 'R l'~
CITY COUNCIL
CITY OF PALM SPRINGS
EXTENSION OF INTERIM URGENCY
ORDINANCE- HISTORIC VILLAGE CENTER'
STATE OF CALIFORNIA NOTICE 16 HEREBY GIVEN that the Clty Council
of the City of Palm Springs will hold a public
County of Riverside hearing on Seplemb,r 6, 2006, The City CpunolI
meeting begin^at 6:00 pp m.In tb<Council Cham-
ber it City Hall, 3200 E. Tahquitz Canyon Way,
POIm Springs.
The purpose of the Hearing E So consider the ex-
torsion for 10 months and 15 days, of the Inter-
im Urgency Ordinance adopting interim urgency
regulations prohlie ing .truct level offices in the
Historic Village Center of the .City of Palm
I am a citizen of the United States and a resident of Springs, and allowing street level Financial InstlTu-
lbns in the Historic village Center sublec, to a
the County aforesaid; 1 am over the age of eighteen condtional ura permit pendln9 Completion of a
study of the effects of :trout hovel office and T1,
years,.red not a party to or interested in the nancial Institution uses in the Historic Vlllpge Con-
ier of the City as may be-needed to aliovlate a
above-entitled matter.I am the principal cleric of a current and actual Threat to tllc public health,
printer of the,DESERT SUN PUBLISHING Ordloanec expiruasYeon September 9,, 2000urgency
COMPANY a newspaper of general circulation, PVmuam to Government Coda Section 65658(a)
printed and published in the city of Palm Springs, and Its authority over matter.of local concern as
a charter City, the City Council Finds that street
County of Riverside,and which newspaper has been level uses should be limaNd to commercial retail,
pp
adjudged a newspaper of general circulation by the entenaininOnt, and restauiant u>oa, andaneral
and professional officeir and financial Ina}Ittltien
Superior Court of the Count Of Riverside,State of uses should be di couragqed and IIniled In order
I y to ensure the viability and vibrancy of a pedestrl-
California under the date of March 24,1988,Case an friendly retail, enTertalnrnont and restaur•,nt
hismrlc village center as rovided for In the City's
Number 191236; that the notice,of which the zoning Ordinance and tie City's aciTpted plans
annexed is a printed copy set in type not smaller and policies. For the period of this OrdlnOcc the
P I y( YP any gcncr.11nplanramendmien Specific naT Issue or
,lone
than con pariel,has been published in each regular Change, bullding permit, conditional use permit,
and entire issue of said newspaper and not in filly variance, planned developmenT permit, precise
pplan of dc..i❑n, or other land fee ontdiement for
supplement thereof on the following dates,to wit: ins construction of or Vie conversion of existing
uses to, street level office use or tlnancial In0tu-
:ion use within that portion of The Central Busi-
Au ust 260',200E ness pr.tnct Zone of The City Known and referred
1; to as the Historic Vlllage Canter,as defined in the
'_______________ interim urgency ordinance, except au othemise
" provided In the Interim urgency ordinance.
ENVIRONMENTAL DETERMINATION:The City i
............ of Palm Springs, in Its capacity as the lead agen- I
All in the year 2006 Cy for this pproject under the California I Iron-
y mental Ou�1 ty Act(CEOA),evaluated the potential
environmental Impacts of tli.Ordinance. ursusgt
to Section 15267 of CEOA, this Ordinance a rtx-
I certify(or declare)under penalty of perjury that the empt from environmental review whencus the Or-'
d,ri authorizes The undertuhnq of fessibllltyy
foregoing is true and correct. and planning studies and any development wnich
may occur pur;cant to The Interim s andards will
not be Ipprovsd until a compiuto environmental
Dated at Palm Springs,California this----29"',---day evaluation of The pfoposed project has occurred.
REVIEW OF PROJECT INFORMATION: The In-
furim Urgency Ordinance, staff re on, and oMer
of-----—---August--------------------------2006 supporting documents regarding uIi" project are
avaJablo for public review of City Hall between
the hours of 8:00 a.m. Ind 5:00 p.m., Mond xy
Ill h Friday. Plea:r contact the Office of the
CITY Clerk at (700) 323-8204 If you would like to
acnem410 an appointment to review these docu-
ments
_____________
COMMENT ON THIS APPLICATION: Response I
S• n tore to thi:notice may be made verbally at The Public
Hranng and/or In writing before the hearing.Writ-
ton comments may be made to the City Council
by ](.'fur (for mall or hand delivery) to:
Jamaa Thompson, City Clerk
3200 E. Tahqultz Canyon Way
Ar 6'o 6 Palm Spring;:. CA y2262
If any group challenges the action in court,Issues
raised may be Ilmlled to only those Issues raucd
at the public ge.virl described In tfve notice or in
writer, correspondence at, or prior to, The City
Council heath p An opportunity will be given at
said hearing for all interested persons to be
heard.Quo5 lions regarding this m.Ittor may be dl-
ru•ctcd to Cral A. Ewing, Dirocmr of I fanning
Services (760)%23-8245
$1 necLoita ayuda con est9 Carla,porfavor Ilame a
la Ciudad de Palm Springs y puede habiar can
Nadine Fieger teiefono (7 0) 323-8246.
Jame.'Thompsa , ClGrR
Puunahcd:8/26/2006
Ito. 2927 - � - - -- "
ORDINANCE NO. 16M
AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM SPRINGS CALIFORNIAr,EX-
TENDING ORDINANCE NO. 10g3 FOR A f'ERI-
OD OF 10 MONTHS AND 15 DAIS PROHIBIT-
ING STREET LEVEL OFFICES IN T4E HISTOR-IC VILLAGE CENTER AND ALLOWING STREET
LEVEL FINANCIAL DISTRIr710NS IN THE HIS-
PROOF OF PUBLICATION TORIO VILLAGE CENTER SUBJECT TO A V
CONDITIONAL USE PERMIT PENDING THE Dy
(2015.5.C.C.P) TS
OF STRE T LEVEOF L OFFICE AND FINANCIA �1 1
CENTER(AND THE(ADOPT ON OF ANY AND
ALL AMENDMENTS TO THE Cc1Y'S ZONING
CODE AND RELATED LAND USE REGULA-
TIONS-(4STHS VOTE REQUIRED)
THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA, ORDAINS;
SECTION 1- This interim ofgency ordinance Is
adopted pursuant to Section 65B59 of the Coilfar-
STATE OF CALIFORNIA rin Government Code and pursuant to the Clty's
authority over matters of local concern as a char
County of Riverside ter city.
SECTION P. On July 20, 2006, the City Council
adopted Ordinance No.1699.an Initial Interim ur-
gency ordinance, and found that the loss of -
hround floor commercial retell businesses In the
Historic Village Center of the City would have a
deleterious enact an the downtown and prohlbit-
cq the construction of street level commeclal of-
fice uses and required a conditional use permit
Ice any proposal to operate any new financial in-
am a Oli,en of the United States cmd a resident of stitutional uses in the Historic Village Center for
forty-five days pandln completion Of appropriate
the County afol"osaid; 1 and over tits fire Of eighteen studies and consideration of alternative land use
approaches for addressing the health,safely and
years,and not a party to or interested in the welfare Issues associated with the cori 0n Or
above-enGded matter. I an)the principal clerk of a operatlon of new ground floor commercal office
and flnmolel Inetitutlone(uses on the Historic Vil-
prinler of the,DESERT SUN PUBLISHING lane Center and the Central Business District of
the City
COM I ANY a newspaper of general circulation, SECTION 3. During the Initial Interim pperiod as-
printCd and published in the city of Palm Springs, tabllehed by City Ordinance No. 1692, the City
County of Riverside,and which newspaper has been Council and Its Planning Services Department
commenced the studies and reviews described In
adjudged a newspaper of general circulation by the Ire Report tiled with the Clty Council and consid-
ered by the City Council at Itca meeting of July 26,
Superior Court of the County of Riverside,Slate of 2006.
f California under the date of Nlarch 24, 1988,Case SECTION e. The City of Palm Springs shall not
Number 191236;that the norice,of which the issue or approve an yy general an a an art.
, annex CJ is a printed copy(set in type not smaller
dltione( use perrmit, variance uiPdlan ein d develop-
meat entitlement
ntprecisefor pIan of d,ruce of ether land
than non aerial,has been published in each regular use entitlement far the ceneo-ucuon of, or the
conversion of existing uses so, street level ptllce
.lild Cntll"L'issue of said newspaper and not In any use or financial Institution use within that portion
' supplement Thereof on the following dates,to wit: of me Central Business Olstrlct Zane of the CI'
known and referred to as the Historic Village Can-
lee. except as Otherwise provided in this Interim
Oi
September 16 ,2006 urgency ordinance.
-----F____ .....__ SECTION S, During the term of this nuse
interim or-
..... pcncy o ca, a e street institution use may
to constructedillageC nt the street level onhln the Hlse
r -----_ tpacr'mit and only subjectelo theaf011owingncondl-
lbns:
All in the year 2006 proposed financialA. The total Hoar area of the
institution use, when added to any existing street
t certify(or declare)under penally of"perjury thus the oval office an/or financial Institution use in the af-
fantod building, Is me lesser of net mare than
foregoing is true and correct. 2,500 square feet ar 25%of the total floor use of
the street level area of the affected building'
B.The Planning Commission, or if appealed. the
City Council finds an Me basis of sit stentlal evi-
Uated at Palm Springs,California this---•180i,—day donee on the retard that a tlnanclal Institution use
would be more compatible with the existin and
tanned uses in the vicinity of the propo use
------,.-------- 2006 than ae retail commercial use on the street level at
the proposed location and that a financial Inatltu-
lion use would be more beneficial than a retall
commercial use in Impplementing applicable land"
use policies of the Clty Council or the Clty's
F� Community Redevelopment Agency, including the
P7 Palm Springs General Plan and any applicable
—__ --- ----
_,,,,- Amended and Restated Redevelopment Plan.
r_ -- -----
jgnature SECTION 0. Foe the purpose Of this ordinance,
•,�. - the following stress,shell be deemed to be within
-- - the Historic Village Center: Palm Canyon Drive,
- _ between Ale lo and Barlsto Reads;Tahqult¢Can-
_ you Way,between Selardc Road and Indian Can-
\n yon Drive; Andress Road, between Palm Canyon
r� V and Indian Canyon Drives:Arenas Road.between -
_ C`Q - Bolardo Road and Indian Canyon Drive; Barlato-
L• Road, northerly aide, between Palm Canyon and
Lt' /f +(J Indian Canyon Dries Indian Canyon Drive west-
lr erly side, between Ale)o and Barlsto Roads, and _
Ale a Reed,soumedpp side,between Palm Canyon
- an Indian Canyon ❑rlvea.This Section 6 of this
Ordinance shall be deemed an amendment to
'—+ \ Subsection (b) Of Section 92.09600 of the Palm
N
Springs Municipal Coda.
SECTION 7. The provisions of Section 92.09.01 "
A.37 of the City's Zoning Cade shall be deemed
suspended and no longer In force or effect during -
the term or this Interim urgency ordinance,
SECTION 9-The City Council hereby finds,deter-
mines, and declares that this Interim urgency or-
dinance adoppted pursuant to California Govom-
monf Code$BaZlpit 6595E Is noceseeryZSecauae:
iM '14. f:, "i
A.The Cily s camnal business district zone,an ar-
ea that is Intended to be primadly Commercial no-
tall In character,with related hotels multiple-fami-
ly dwellings.and service,office dulturel and Instl-
tutional uses in a supporting role. The central
business dletrlct Is Intended to be a compact,
lively active,intensively used area catering to pe-
destrians and pedestrian activities. Planted walk-
red walks and open plazas that pro-
vide for sitting, dining, conversing, gathering and
window shopping are permitted and enc0uragad
,In the central business district zone.The Clty s
historic village center, which Is a sub-area within
the central 6uslness district, Is Intended to serve
as the center of the downtown with the primary
economic activities focusing on specialty retell,
restaurants and entertainment
B,The Clty's current General Plan and the Cam-
muhlty Redevelopment Plans encourage street
level retell commercial,entertainment,and restau-
rant uses In the historic village center. It Is anticl-
Fated that the general plan update, currently,In
process, will contain polices and proprame that
will further encourage street level rate
entertalnment,and restaurant uses In the his-
ton village center.
C.In order to ensure the viabilityy and vibrancy of
a pedestrian friendlyy retell, entertamment, and
restaurant historic vllfage center as provided for In
the Cily's Zonlnpp Ordinance and the City's adopt-
ed plane and pallelse, oneet level uses should be
IImlted to commercial retail, entertainment, and
restaurant uses and gpeneral and professional of-
fices and financial Inatltution uses should be dis-
couraged and limited.
D. Over the last several months, existing street
level retell commercial uses have been converted
to general and commercial Office uses and the re--
tall commercial uses have been lost.This conver-
slon of street level retell commercial uses to office
uses have alyynlficantly eradeo the vitality and
economic heath of the historic village center and
adversely effected the attractiveness of the hlstor-
Ic village center as a pedestrian friendly envlron-
ment
E.The conversion of street level retail commercial
space to office uses presents an Immediate threat
to the public health, safety, and welfare In that
the City current)y has limited supply of street level
retail space In the historic village center.The City
Intends to study the economic and market Im-
pacts of converting street level retail commercial
uses to office uses and the construction of effect
level office uses In the historic village center and .
to proppose amendments to the Clty a municipal
code to address these Impacts Tha City must
prohibit the construction of and the conversion of
Wool level retail commercial uses to, street level
office uses while staff tempplates its land use
studies and Its economic onelyels on the impacts
of such construction and conversions.
SECTION S. Ten days prior to the expiration of
this Interim urgqencyy ordinance,and any extension
thereof, the Clfy Council shall Issue a written re-
pprt describing the measures which the City has
aktaken to address the conditions which led to the
adoption of this ordinance or any extension.
SECTION no. This Interim urgency ordinance
shall be deemed an extension of Ordinance No.
1699.and shall take effect on September 9,200B
and shall remain In full force and effect until July
26, 2007 and shall thereafter be of no further
force and effect unless after notice ursuanl to
California Governmeqnt Gtods Section 65090.and-a
public hearing,the 011y Council extends this Irrler-
m urgency ordinance for an additional period of
time pursuant to California Government Code
Sectlon 05858.
SECTION 11.If any section, subsection, subdrvi-
smn, Paragraph, sentence clause or phrase In
this Ordinance or any part}hereof Is for any Ma-
son, held to be unconstitutional or Invalid or inef-
facllVe by any court Or can pelenlld�ty t uRadiation
such decision shall not affect the va of effeC-
tiveneee of the remalnln artlone of this Ordi-
nance or any part theme. e City Council here-
by declares that It would have passed this Ordi-
nance and each section Aubsectlon subdivision,
sentence, Clause and phrase thereof. Irrespective
of the fact that any one or more secticns,.sule-
sectlons subdivisions, sentences clauses or
pnfases be declared unconstltutlona).
PASSED, APPROVED, AND ADOPTED this 6th
day of September 2006.
RON ODON, MAYOR
ATTE$T:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIAI
COUNTY OF RIVERSO se.
CITY OF PALM SPRING )
I JAMES THOMPSON, Clt Clerk of the C11 of
Rolm Springgs, Celtlornla, o hereby certify that
Ordinance Nv. 1701 Is a full, true, and correct
copy, and was adopted at a regular meeting of
the Palm Springs City Council on September 6,
2006, by the following vote-
AYES: Councilmembers McCulloch, Mills, Poug-
net, Mayor Pro Tom Fast, and Mayor Oden
NOES:gone
ABSENT:None. -
A&STAIN:None.
James Thompson, Cit-Clark
City of Palm Springs, California
Published: 9/16/2008