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HomeMy WebLinkAbout1701 - ORDINANCES - 9/6/2006 ORDINANCE NO. 1701 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. 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. 1701 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 of 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. 1701 Page 3 E. 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 limited 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 1 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. 1701 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 6v' day of September 2006. Ron Oden, Mayor ATTEST: ?me292T—hompson, City Cle k 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. 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: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. / mes Thompson, City Clerk ity of Palm Springs, California