HomeMy WebLinkAbout1707 - ORDINANCES - 12/20/2006 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 adapted 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:
Xk
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: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: None.
ABSTAIN: None.
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acmes Thompson, City Clerk
City of Palm Springs, California