HomeMy WebLinkAbout12/20/2006 - STAFF REPORTS - 2.F. F ?ALM S
City Council Staff Report
DATE: December 20, 2006 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1707, AMENDING SECTIONS 92.21.1.06, AND 92.21.1.07 OF THE
PALM SPRINGS 70NING CODE, RELATING TO REGULATIONS FOR
ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING
THE CHINO CONE,
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1707.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1707, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 92,21.1.05 AND
92,21.1.07 OF THE PALM SPRINGS ZONING CODE, RELATING TO REGULATIONS
FOR ENVIRONMENTALLY SENSITIVE DEVELOPMENT AREAS, INCLUDING THE
CHINO CONE."
STAFF ANALYSIS:
At its December 6, 2006, meeting the City Council introduced on first reading the
proposed ordinance.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
a
J es Thompson, City Clerk
Attachment:
Ordinance No. 1707
Item 2 . F .
ORDINANCE NO. 1707
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 92.21.1.05, AND
92.21.1.07 OF THE PALM SPRINGS ZONING CODE,
RELATING TO REGULATIONS FOR ENVIRONMENTALLY
SENSITIVE DEVELOPMENT AREAS, INCLUDING THE
CHINO CONE.
The City Council of the City of Palm Springs ordains:
SECTION 1. Section 91.21.1.05 of the City of Palm Springs Zoning Code is amended
to add Subsections J and K, as follows:
J. Performance Agreement.
Prior to the issuance of any permit for grading or construction of any
improvement on any property within an ESA-SP zone, the Developer shall
enter into an agreement with the City, in a form approved by the City
Attorney, ensuring, should the improvement not be completed as permitted,
that the land will be renaturalized in compliance with the provisions of this
Section. The obligations of the Developer pursuant to such agreement shall
be secured in amounts required by the City Engineer necessary to complete
such renaturalization consistent with the provisions of Chapter 9.65 of the
Municipal Code: however, such security shall be in the form of cash,
irrevocable letter of credit, assignment of a certificate of deposit, or similar
form of security approved by the City Manager and the City Attorney.
K. Enforcement.
In addition to any remedy otherwise available to the City pursuant to this
Code or the Municipal Code, the failure to protect the natural terrain or the
defacement, grading, grubbing, scaring or any other act disturbing the natural
terrain of any property within the ESA-SP zone without prior City approval of
plans for such work, or in a manner inconsistent with or in violation of plans
as approved by the City pursuant to this Section or as otherwise provided in
any agreement as provided in Subsection J of this Section, shall be deemed a
public nuisance which may be abated pursuant to the City's nuisance
abatement procedures provided in Chapter 11.72 of the Municipal Code.
SECTION 2 Section 91.21.1.07 of the City of Palm Springs Zoning Code is amended
to rename existing Subsection C as Subsection D and add a new Subsection C, as
follows:
C. Transfer Outside Planning Areas.
From any Planning Area, allowed residential density may be transferred to
any lot within the City with a bonus of 1.2 units at the receiving site for every
unit from the sending site, subject to approval of a Specific Plan for the
Ordinance No. 1707
Page 2
sending Planning Area and an appropriate entitlement for the receiving site,
including but not limited to a specific plan, conditional use permit, or a
planned development permit. Density transfers shall be reviewed for the
effect of such transfers on increasing open space, preserving views,
minimizing grading or other land disturbance and reducing the expenditures
for public services to the planning area and to the impacts on the receiving
site or vicinity.
SECTION 3. CEQA Finding. The City Council hereby finds that there is no evidence,
in light of the whole record before the City, that the adoption of this Ordinance may have
a significant effect on the environment. The City Council further finds that this
Ordinance establishes densities and intensities of use that are less intense or dense
than those provided in the adopted General Plan for the City and which were covered
adequately by the prior environmental impact report prepared in conjunction with the
adoption of the General Plan. In addition, the regulatory processes as provided in this
Ordinance involve procedures for the protection of the environment and will assure the
maintenance, restoration, enhancement, and protection of the environment which
exceed the processes and procedures provided in the current General Plan and the
City"s Zoning Code consistent with the requirements of the California Code of
Regulations Section 15308. In addition, this Ordinance requires detailed environmental
analysis to be prepared when or if specific plans are proposed for Planning Areas and
such deferral of environmental review to the time a specific plan is proposed is
consistent with the requirements of 14 California Code of Regulations Section 15183.
SECTION 4. Publication. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary
thereof, to be published and posted pursuant to the provisions of law and this Ordinance
shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF DECEMBER, 2007,
MAYOR
ATTEST:
City Clerk
Ordinance No. 1707
Page 3
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. 1707 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on December 6, 2006
and adopted at a regular meeting of the City Council held on December 20, 2006 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
No.4082
ORDINANCE NO. 1707
AN ORDINANCE OF THE CITY OF PALM
SPRINGS CALIFORNIA,AMENDING SECTIONS
LM
3PRINGStiONINO ND C6DE�REL 07 ATINGHTO III
PROOF OF I'CII3LICATION 71VE DEVELOPMENT AREAS, INCLUDING THIE
(2015.5•C.C.P) �1115155ptcu fUt CHINO CONE.
The City Council of the City of Palm Springs Or-
dains:
SECTION 1. Section 91.21.1.05 o1 the City of
Palm Springs Zanmgg Code Is amended to add
Subsection,,J and K, as fallow;.:
J. Performance Agreement.
Prior to the Issuance of any permit for grading or
construction of any Improvement on any property
within an-ESA-SP'-zone�h&Devdoperandl "it
STATE OF AMR Into an agreement with the City, in a farm ap-
e ORNIA proved by the Cltv Atminey,ensuring,should the
County of Riverside Improvement not a completed as permitted,that
the land will be rionamrallrad In compliance with
the pprovlsion., of this Section The obligations of
The Develo er pursuant to such agreement shall
be eecurod m amounts required by the CIN Engl-
neer necessaryry to complete such renaTura¢aticn
consistent with the prove^Ions of Chapter 9.66 of
-- the Municipal Cade' ngwever such security-hall
be in the form or cash Irrevocable letter of credit,
as^Ignmcnr of a certificate of deposit, or similar
form of security approved by the City Manager
I am a Citizen of the United States and a resident of and the City Attorney.
the County aforesaid,I am aver the age of eighteen P K. Enforcement.
in addition to ,my remedy othomise avallable to
years,and not a party to Or interested in the the C11 pursuant to-ihu-Code or the'MunlclpeI
above-entitled matter.1 am[h Cqd�.-"PurE,ure-Ic'Pprotn�csYia natural terrain or
C principal cleric of a me defacement,nr.din grubClnq,•csring or an
printer of the,DESERT 8I1N PUBLISHING otl'perTytw11 hin tthe0ES -SPt zone wlthautfprior
COMPANY a newspaper of general Circulation, Clty npprovai of plans for such work,or In a man-
printed and Published in the ire r inconsistent with or In violation of plans.is
p U city of Palm Springs, as potheldw e providedipin any et!Ieu this
orlonp oor
County of Riverside,and which newspaper has been vidad in Subsection J of this Section shall be
adjudged a news)a l'r uF general circulate y deemed a public nuisance which may be abated
1 p g On b the pursuant to The Cily's nuisance abatement pmce-
Superior Court of the County of Riverside,State Of Code,provlduo In Chapter 11.72 Of the Municipal
California under the date of Mareh 24, 1988.Case
Number 191736;that the notice,of SECTION 2 Section 1 1.07 me sty of
Which the Palm Springs Zoning Coodede Is amendd ed to rename
Copy
R (set n type not smaller
annexed is a printed cis yp existing Subsection-C as Subsection I)and add a
new Subsection C as lollowru
than nun pariel,has been published in each regular C.Transfer Outside Planning Areau.
and entire issue of said newspaper and nut in an From any Planning Arca allowed royldential den-
supplement thereof o0 y city may be tran.,lened to anyy lot within the City
the following dates,to wil; with a bonus of 1.2 links at the rocelvin8 site for
every unit from the sending rite, subject to ap-
praysl of a Specific Plan for the sending Planning
January 1",2007 Area and an appropriate eniltioment far the To-
Celving site, r inn but not limited to a~pacific
----------,_..........._�_ plan, cor lanal use permll, or a planned dove[-
%pmont permit. Density transfers shall be re-
viewed for the effect of such Transfers on lnereas-
-_--— �• ing open space, presarvinq views, minimizing
All in the year 2U07 ggrading or other land disturbance and reducing
llle expenditures for public servleas to the plan-
ning area and to the Impacts on the recelving site
or vlclnity.
I certify(or declare)under penalty Of perjury that the SECTION 3. CEOA Finding. The City Council
fore oin I hereby finds that there is no evidence, in light of
g g is true and correct. the whole record before the City, That the adop-
tion of this Ordinance may have a significant ef-
fect on the environment.The City Council further
Dated at Palm Springs,California this---1'I,— d finds that thi Ordin9nce ,,mablisl*3 densities
- ay and imnoslnes or use That we les•: Intense or
den':e than those provided In the adopted Gener- --
-----`--!Srruae - - al Plan for tryryCfCltyy and-vduioh.were_covemd ads--
Y -•---•---------,2007 quatelyT pppp'Ihe prior envlrannnao impact report
prepared'In conjunction with the adoptirytion of the, _
i�-Opy salprolmtled in this Ordinanceul rivove prece-
dures for Thu protection of the environment and
I will assure the malntcnanco,restoration,enhance-
--_= ^--�-- -- ment and protection of the environment which
-O. ----- -- _----- exceed the processes and procedures provided In
Sin arc the current General Plan and the Clty's Zoningg
Cade consistent with the milrement;of the Cal-
- Ifornia Code of Regulation:Section 15308.In ad-
alter,this Ordinance requires detailed environ-
mental analysis To be Pr trod when or If specific
plan: are proposcc for Planning Area, and Such
deferrpl of chvlronmental review to the time a
'n n - specific plan a ppI cMped Is consistent with the
f. _ requirements of 14 Callfomia Code of Regulations
r }. Section 15183.
L- f -' •� �^ 'may r., -O SECTION 4. Publication-The Mayor shall sign
o /VIu eldoptioClof this Ordllnanrnlf and shall cause The
o .,r; same or the summary Thereof,to be published
� and posted pursuant Io the provisions m law and
J Ili Ordinance shall like a&et thirty(30)days af-
S`' ter passage.
PASSED PPROV D yOND.ADCPTS0 THIS 20th
MAYOR
ATTEST.
City Clerk
CERTIFICATION
STATE OF CALIFORNIAI
COUNTY OF RIVERSIDE 1 ss
N r'-^ e^ SPRIP