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HomeMy WebLinkAbout6/20/2007 - STAFF REPORTS - 1.B. _ I• Wessman Plaza wessman , Yf J ti TemecWla West _ ` c Palm Springs -' '' _ _DEVELOPMENT,COIVPANY - ' - The Center Promenade - ', / �[ . •Plaza Mercado ' - ,Canyon,.Plaza -- . - CanyoR Plaza North a'ndSouth - _ - -13*nags Park Stropping Centers`---� Plaza del SoI - ' Tahquitz Mesa �illas Date Palm Square - -_ Rubidoux,Plaza / _ Indic Plaza Plaza-las Floresy - t - - yaleiwa Joe's _, --I Tahgw'tz5quare" Rancho San Pablo 01 za at Sunnd e ` 6ati8to Praia — - - June 20,2007 Honorable-.City Council-A4e_mbers ` City of Palm Springs_ - P_0:Box 1743-, - - . 1 L Palm Springs,CA 92263 ' Rey City Co -Meeting,JunelO, 2,07 ` Agenda Item-1-A. Ord na9Ce Nos. 1699-and 1701 The Downtown Office_ Moratorium Issue" r ,' . ^ . ` r _ " \ ` -,Dear Council Members: I come before you'tonight to request that'should you,decide to extend Ordinances 1699 and 1701 for an additional yeas prohibiting streetlevel offices in the'Historic Village Center in the C-8-D Zone but allowing street level financial institutions subject to a Conditignai Use Permt in thesame Tone, cpn you make exceptions for the side sitreels, pafticularly in my case j ast Tahquitz Canyon Way, between Palm Canyon and Indian Canyon Way, _ I am fhe Property:Manager for NLessriian Development Company which owns the _ I property_known as Plaza las Flores on the,south side of Tahquitz from the Welwaod-Librarry to Indian' Canyon Way. Over the past ten years,the center area of this property has become office oriented, particularly with the tenancies of the Palm Springs Follies and thep with Transaction Marketing, Retail. - `and restaurants-have completed therprrpert`y around its perimeter. How,ever,-over the paA few years,- _ -,the two retail use's alongTahquitz have been foycedto close, one declaring bankruptcy,theother on the -, verge of dping�o _ Across the street on the north side of Tahquitz;the tenancy`l as changed hands about _ ` three times,during the_past fivgyears,with businesses starting'with high--hopes and then leaving after a'' � , - - shortteem.-Some of the obvious problems,are the-lack of adjacent parking, lack of enough start-up capitalizaTibnfor the businesses,and 'the-cyclical economic patterns. Hopefully,with the retleyelnpment - / - ofthe downtown core, retail will be able to-be induced to lease and will be able to thrive again alon v - - this portion of Tahquitz`. r � < 300 S. PALM-CANON DRIVE•VALM SPRINGS,,CA 922e2.• PHONE•(760) 325-3050'FAYJ(760) 3Z5-5846_'- Y Until then, however,+amr asking Tor an exceetidn to have office uses along the Tahquitz ^ sectiorFof Plaza las Flores,-Particularly-Units 100, 101 and 102. Transactional Marketing has been a / tenant upstairs,for'several years inhabiting oVer 4000 sf. Th'rougho,ufthe yea"'rs,the_yhave asl ed to = i - neggtiate allispace as it,becornes available'aslpart of their Lease.- This includes the new building permitted space that has been added downstairs and that is alrr`ost complete as well'as Units 100, 101 and,102. If the exception to these Ordinancesis granted,then I could lease these sp�cee in�d.the - building would once again be'used and fwll until the retail market in downtown Palm Springs grows. _r -Thank you for you?consideration. r Respectfully, / Martha Higgins ` L Property Manager _ f _ Wessman development Coirtpany cc: City Clerk,.Ten Copies' _ - f \ • - � r 1 1 � r f y` / _ f _ r �°�ppLMsp� V v a w e w eRew¢o Yw "N'P CITY COUNCIL STAFF REPORT DATE.: June 20, 2007 LEGISLATIVE ITEM _ SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE 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 OF THE CITY 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: Craig Ewing, Planning Director 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 EXTENDING ORDINANCE NOS. 1699 AND 1701 FOR A PERIOD OF ONE YEAR, PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE 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 OF THE CITY AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS. (4/5THS VOTE REQUIRED.) $32411 1 Item 1 9136 City Council Staff Report June 20, 2007 -- 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 initial 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 Barristo and the south side of Alejo, between Palm Canyon and Indian Canyon. On September 6, 2006, the City Council adopted Interim Urgency Ordinance No. 1701, which extended the initial moratorium for an additional ten months, fifteen days, or until July 26, 2007. The proposed ordinance would extend the interim urgency ordinances for one year, or until July 26, 2007. 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 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 plan will contain policies 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." 5;g.{II I 0002 City Council Staff Report June 20, 2007 — page 3 Ordinance Street Level Office, Historic Village Center 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. Prior to the adoption of the urgency interim ordinances, staff had observed a troubling trend: Existing street level retail stores are being converted to general and professional office uses and the retail uses are being abandoned. In adopting the interim urgency ordinances, the City Council found that the conversion of street level retail uses to office uses was changing the character of the City's historic village center and had 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, 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 Interim Urgency Ordinance Nos. 1699 and 1701 be extended, thereby maintaining (1) the limitation on street level uses in the historic village center to commercial retail, entertainment, and restaurant uses and prohibiting street level general and professional offices in the historic village district. Street level financial institution uses would also continue to 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 is in the process of completing an inventory of ground floor space in the downtown area and performing a comprehensive 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 one year, to July 26, 2008, to provide additional time for staff to complete its review and formulate a recommendation to the City Council. 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 affec urrent staff workloads. ing, P ning Director Thomas Wilson, sistant City Manager _:;� David H. Ready, Ci y er Attachment: Proposed Ordinance 539411.1 0003 ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS EXTENDING ORDINANCE NO. 1699 AND 1701 PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL FINANCIAL INSTUTUTIONS IN THE HISTORIC VILLAGE CENTER SUBJECT TO A CONDITIONAL USE PERMIT, FOR A PERIOD OF ONE YEAR PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY 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. On September 6, 2006, the City Council adopted Ordinance No. 1701, an interim urgency ordinance extending Ordinance No. 1699 for an additional period of 10 months and 15 days. SECTION 4. During the first extension period established by City Ordinance No. 1701, 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 June 20, 2007, SECTION 5. 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 1 515027 1 0004 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. SECTION 6. During the term of this interim urgency ordinance, as extended. 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 2 5150171 00®s center of the downtown with the primary economic activities focusing on specialty retail, restaurants and entertainment. 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 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. This interim urgency ordinance shall be deemed an extension of Ordinance No. 1699 as extended by Ordinance No. 1701, and shall take effect on July 26, 2007 and shall remain in full force and effect until July 26, 2008 and shall thereafter be of no further force and effect unless repealed or otherwise terminated by action of the City Council at an earlier date. 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 phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. s snag i 3 000- PASSED, APPROVED, AND ADOPTED this day of 2006. RON ODON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 4 515027 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, DO HEREBY CERTIFY that the foregoing Ordinance No. was duly introduced, adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council held on the day of 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: (SEAL) JAMES THOMPSON, CITY CLERK 5 sism7 t 00W6 PROOF OF PUBLICATION This is space for County Clerk's riling Stamp (2015.5.C.C.P) No 1831 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 STATE OF CALIFORNIA of this City OT Palm Springs will hold a public ne.mng an June 20,20 7.The City Council meat- Ceanty of Riverside Ing heolns at 6,00 p m.In the Council Chamber at Cl . hfall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider the ex- tension for a one-year period, of the Interim Ur- gency ordinance adopting Interim urgency reqqula- imns prolutining street lave)offices In the Hlslprlc VIII]ge Center of the City of Pelm s I Springs th ,end al- lowinp attest level financial Institutions in the Hls- I am a citizen of the United States and a resident of torte Vlitege Center sub all to a conditional use- permit, pendin -comple ivn of a aludy-of The Cif^ the County aforesaid;I am over the age of eighteen feete-of street level offico-arid financial institution uses In The Historic Village Center of the City as years,and not a party t0 or interested in the may be needed to allaviota a current and actual above-entitled matter,I am the cleric of a throat to the public health, salary, and welfare_ . principal Thacurrenr Interim-Urgency Ordinance expires on printer of the,DESERT SUN PUBLISHING July 26, 2007. COMPANY a newspaper of general circulation, Pursuant to Government Code Section 65858(s) and Its authority over matters of local concern as printed and published in the city of Palm Springs, a charter any, the City Council finds that :.treat Countyof Riverside,and which newspaper has been level uses should he limited to commercial retail emartainment, and restaurant uses,and general adjudged a newspaper of general circulation by the and professional offices and financial Institutlon uses should be discouraged and Ilmnud in order Superior Court of the County of Riverside,Stale of To ensure the viability and vibrancy of a pedestri- an Morel retell entertainment and restaurant California under the date of March 24,1988.Case historic Vil ag center as provida�for In the Clty's Number 191236;that the notice,of which the zoning Ord nonce and II1a Ciw a adopted plans and pollclos. For the period of this Ortlinonce the annexed i8 to printed copy(Set in type not smaller any genera`I11plan`Iamendment not Ocific plan zone Than non pariel,has been published in each regular change, building permit conditional use permit, varlstroc, planned development permit, precise and entire issue of said newspaper and not in any pIan of dealgn, or other land use entitlement for supplement thereof an the Following dates,to wit: uses to. rest l ve or the use orfinancial inconversion of existing pp g Ilan use street that portionsof the Cenitralnbusi- ness June 9 ,2007 he Historic village Center,as quined 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 agen- ________. _— —_-- C for this project u Y project radar the California Envlron- All in the year 2007 mental qua IV ACI(CEOA),evaluated file potential environmental Im acts of the Ordinance.Pursuant tc Section 1526 of CEOA.this Ordinance Is ex- empt Irom environmental review whereas the Or^ I certify(or declare)under penalty of perjury that the dinance authorizes the undertaken of feasibillry and planning studies and any development which Foregoing is true and correct. may occur pursuant to file Interim standards will net be approved until a complete envlranmental evaluation of the proposed project has occurred, Dated at Palm Springs,California this---11n',—day REVIEW OF_PROJECT INFORMATION: The-In- Tarim Urgency-Ordinance;stag report and other ___ suppporting documents regard ing this matter-are- pf------_ June — --,2007 available for public review at City Hall between the hours of 8.00 a.m., and 5:0p P.m. Monday Clrouggh Fridayy. Please contact the Office of the city lrkat [!60) 323-8204 if you would like to a CV ' insist. PpQintment to review these docu^ �.;-^-- - -- -�J•-----�--- COMMENT ON THIS APPLICATION:Raeponrc _ To this notice may be made verbally at the Public -- _ Si nature Hearing and/or In writing before the heanotp�Writ- - ten comments may be made to the City ouncll _ by totter(for mail or hand delivery)to:' James Thompson City Clark -- — 3200 E.Tahqultz banyyon Way Palm Springs, CA g2262 If any group challenges the action In court,Issues raised may be limited to raising only those Issues r raised at top ubllc hearing described In this no- el _ tice or In wrl en correspondence delivered to the ' City Clark at,or prior,TO the City Council hearing, N An opportunity will be given at Baia hearing for all Interested persona to be heard.Questions regard- ing this Case may be directed to Craig Ewing OI- rector of Planning Services at(7e0)323-8245 SI neces Ita ayuda Con eats Carta,ponavor Ilame,a la Ciudad de Palm Springy uode heblar con Nadine Fleger teiefono(7l`0)y -8245, James nompaon. i IerK P4blished: 8/9/2007 No. 20h6 ORDINANCE NO. 1713 AN IN'rERIM URGENCY ORDINANCE OF THE CITY. OF PALM SPRINGS EXTENDING ORDI- NANCE NO. 1609 AND 1701 PROHIBITING STREEI LEVEL OFFICES IN THE HISTORIC VIL- N ANCtRIG FI IAL CENTER OS IN THE HISTORIC PROOF OF PUBLICATION VILLAGE CENTER SUBJECT TO A CONDITIONAL PENDIING^TH, COMPLETIONN OFF A STUDY O00 ONE F (2015.5.C.C.P) THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN-THE HISTOR- IC VILLAGE CENTER OF THE CITY AND THE ADOPT ION OF ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND RELATED LAND USE REGULATIONS.(4/GTHS VOTE REQUIRED) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ORDAINS: SECTION 1. This interim drgerty ordinance is adopted pursuant to Section 6G858 of the Califor- nia Government Code and pursuant to the CITy's STATE OF CALIFORNIA authoriry over matters of local concern ae a char- County of Riverside ter city. SECTION 2 On July 26, 2006, the City Council adopted OrdinanCC No.1699 an Initial Interim ur- gency'ordinanco-and-found that She loss of gground floor commercial retail businewos in the Hlstorlc Villa gge Center of the Clry would have a `deleterious'Rect on the downtown and prohibit- od She construction of street level commercial of- fice uses and required a condlibnal use permit for any proposal to operate any new financialln- I am a citizen of the United States and a resident of •titu Iona[ uses in the Historic Village Center for forty-five days pondmyy gomplehon of approprlate the County aforesaid;I am over the age of eighteen studles and considers of aiternatNv land use approachus for addreseing the health,safety,and years,and not a party to or interested in the welfare Issues associated with the construe ion or above-entitled matter.1 am the clerk of a operation of new ground floor commercial office principal and financial institutional uses on the Historic Vil- printer of the,DESERT SUN PUBLISIIING lage Center and the Central Business District of he City COMPANY a newspaper of general circulation, SECTION S.'On September 6, 2006, the Clay printed and published in the city of Palm Springs, Council adopl,,d Ord nancepNo- 1701. an Interim County of Riverside,and which newspaper has been for an addiIlona[ period jai 10 months and515 adjudged a newspaper of general circulation by the days. . Superior Court of the County of Riverside,State of SECTION 4. During thu first extension period aa- tabllshad hy.City Ordinanco No. 1701,the City California under the date of March 24,1988.Case Councll and Its Planning Services Department Number 191236;that the notice,of which the commenced the studles and reviews assented In the Report flied wnh the City-Council and.conuid- annexed is a printed copy(set in type not smaller 'rod byy She city Council at Its meating of June 20.2007. than non pariel,has been published in each regular SECTION 5.The CIry of Palm Springs shall not and entire issue of said newspaper and not in any Issue or approve any general pian amendment, supplement thereof on the following dates,to wit: diFionai usun' ermit,variianceulplaned n develop- ment pemlir precise plan of design,or ether Lad use entitlement for the construction of, or the Juno 30"',2007 conversion of existing uses to, street level office use or financial Institution use within that portion - --------------- of the Contra[ Business District Zone of the City known and reforrod to ae the historic Village Cen- ter, except as otherwise provided in this interim --�-T „f- ----- -�-F-- Urgency ordinance. .- All in the year 2007 SECTION.6.-During the term of this Interim ur- gqency ordinance, as extended. a financial lns ltu- flon-use mayy be'-constructed on the ^troeT level within he Hlstore Village.Center subject to a I certify(or declare)under penalty or perjury that the candilldnal use permit and only subject To the fol-I foregoing is true and Correct. 1ow[ng'condlt[on5' A.The lotal floor area of the proposed financial Haled at Palm Springs,California this—2nd, Insthnalon use,when added to any existing street —day level office arai flnanclel,instltutlon-uso-in the of, footed building, Is the lesser of not more than 2,500 square factor 25%of the total floor area of a&------- Jul ------------------ 2007 the sueet.level area of the affected building: y CiThu Councll,tfinde on hesbasisoof subetenaal the dance on the record that a financial Institution use would be more compatible with the existing and -- then roc would be more beneficial ae proposed use f l proposed p n The street level at. �.------------- -^— --------.- planked a oUld the von ne a financial ml Alail then a retail commercial u'c a _ the ro osed location and the eflclel than l rated S nadu re ) J u commercial use m im ity Council l Or the lend use policies of the ity Council of he Clt he Commune Redevelopment Agency, including he Palm Springs General Plan and any applicable Amended and Restated Rcdcvolapmun[Plan. P.4 SECTION 7. For the purpose of this ordinance, the following stmots shall bu doomed to be within c,.�o. 1 the Hlstorlc Villege Center: Palm Canyon Drive, - _ between Asia and Donate Roads;Tahquitz Can- - - you Way,belwoun Eelardo Road.and Indian Can- _ = 1� you Drive;Andreas Road, between Palm Canyon and Indian Canyon Drives;Arenas Road,between Bvlardo Rood and Indian Canyon Drive' Baristo Road, northerly.;Ids, between aim Canyon and Indian Canyon Drives Indian Canyon Drive West- between Alejo and Bansm Roads; and I,i AIeJo R. southerly:.trio,between Palm Canyon - and Indlan Canyon❑rives.This Section 6 of this Subsection slidfbl of Suction 92.09 00 e deemed an amendment f Tile Palm Springs Muncpal Code. SECTION A. The provisions.of Section 92.09.01 cV A37 of the Oily Zoning Code shall he deemed suspended and no IOp9er in rem'or sliest during -Tile term of this Interim urgency-ardinancc. SECTION 9.The City Council nnrnby fords deTer- mines, and declares that this interim Urgency Or- - v n, � it to ii ornia Govern- A.The Clty's central business district zone,an or- ca that is intended to he primarily commercial re- tell in character,with miatod hotels,multiple-taml- ly dwellings,and service,office,cultural and insti- tutional ties in a supporting role. The central business district is intended to be a compact, Ilvelyy,salve,Intensively used area catering to co- dustrians and patlestrlan activities. Planted welk- ways. covered walla- and[pen pia+,es that pro- vide for sltting,'dlning conversing, 55�1athering and Window shopping are permitted an tl encouraged In the central busincs.: dis(ripl zone.The CIEy's historic village center, which is a sub-ama Within the Central fiuslness district, la Intended to serve as the center of the downtown wll'h the primary economlc activltles focusing on specialty retai, restaurants and entenalnmant. B.The City's current General Plan and the Com- munhy'Redevelopment Plans encourage street level retail cammerclal,emertainment,and restau- rant uses In the historic village cantor.It is antico- pmed that the general plan update, currently,in pcuss, Will contain polices and programs that wilml further encourage street level rctatl c0mmer- aial,entertainment,and restaurant uses in the his- toric villago'conter C.In order to ensure the viability and vibrancy of a podesvlsn frlendly retail, entertainment, and restaurant hiapnC village center as provided for In the Clty's Zoning Ordinance and the City s adopt- ed plans and policies,street level uses should be limited to commercial retail, ontertalnment, and restaurant uses and general and prcfossipnal pf- Goes and financial Institution uses should be dis- couraged'and limilud. D. Over the lest several months,existing street level retail commumal uses have been converted m general and commercial office uses and the m- tall commercial uses have been lost.This conver- sion of street level rclail ebmmerclal use's to office uses have significantly eroded the vitality and economic health at the historic village center and adversely,affected the attrac worts of the hLStoC- Ic village center as a pedestrian friendly environ- ment. .E.The conversion of street level retail commercial Space to office uses presents an immediate threat to the public health, safely, and welfare In that the Clty currently has limited supply of street level retail space in fh0 hlswrlo village comer.The City Intends to stud the economic and murkot Im- pacts of convAng areal level retail commercial uses to office usos and the construction of street level office uses In the historic village cantor and to proffv�ga•amendments to the Cltyy's municipal code to address these impacts The City must prohibit the construction of and the convormpn of street level reNll commercial uses to, street level office uses while staff completes Its land use, studies and Its economic analysis on the impacts of such conslruCtlen and conversions. SECTION 1o. This Interim urgency ordinance - - shall by doomed an extension of Ordinance No. 1699 as extended by Ordinance No. 1701, and :hall take affect on July 26 2007 and shall re- main in full force and effect until July 26, 2000 and shall-thereafter'be of no further force and ef- fect unless reppealed or otherwise terminated by anion of the Cfly Cgunctl.d an earlier date SECTION 11. If any-section,subsection, subdivl- lion, paragraph, svnh:nee, clause or phrase In this Ordinance or any part thereof is for any roa- son.held to be unconstitutional or Invalid,or inef- fective byy any court of Competent Iuriscilcnon such declslon shall not affect the validity of 611ec- tiveness of the p remaining ortions of this Ordl- nanco or any park l'herec. he City Council here- by-declares that It would have passed this Ordi- nance and each section, subsection subdivision, sentence, clause and plttase thereby, Irrespective of the fact that any one or more section, sub- 6ectlwls. subdivisions, sentences clauses or phrases be declared uneenslitupbnal. PASSED,APPROVED,AND ADOPTED this 20th day of June 2006. CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) so CI IY CF PALM SPRINGS) I James Thompson, City. Clerk of the City of Balm Springs, Callfornla, DO HEREBY CERTIFY that'tne forogaing Ordinance No. 1712 was duly Introduced, adopptot and passed as an urggency ordinance at a Fep uler Meeting of the City Caus- ed held on me 20th day of June 2007.by the fol- lowing vote: AYES; Cbuncllmember Feet, Mille Mayor Pro .Tam Pougnot and Mayor Odell NOES:Councllmember McCulloch •ABSENT:None ABSTAIN;Nano �AiaG 'PFf6MP8OKf,CITY CLEfiK Pgbliehed;61 12007 ORDINANCE NO. 1713 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS EXTENDING ORDINANCE NO. 1699 AND 1701 PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL FINANCIAL INSTUTUTIONS IN THE HISTORIC VILLAGE CENTER SUBJECT TO A CONDITIONAL USE PERMIT, FOR A PERIOD OF ONE YEAR PENDING THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE CITY 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. On September 6, 2006, the City Council adopted Ordinance No. 1701, an interim urgency ordinance extending Ordinance No. 1699 for an additional period of 10 months and 15 days. SECTION 4. During the first extension period established by City Ordinance No. 1701, 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 June 20, 2007, SECTION 5, 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 1 sl soz7 1 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. SECTION 6. During the term of this interim urgency ordinance, as extended, 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 B. 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 2 519027 1 center of the downtown with the primary economic activities focusing on specialty retail, restaurants and entertainment. 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 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. This interim urgency ordinance shall be deemed an extension of Ordinance No. 1699 as extended by Ordinance No. 1701, and shall take effect on July 26, 2007 and shall remain in full force and effect until July 26, 2008 and shall thereafter be of no further force and effect unless repealed or otherwise terminated by action of the City Council at an earlier date. 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 phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. 3 515027 1 PASSED, APPROVED, AND ADOPTED this 20th day of June 2006. 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 the foregoing Ordinance No. 1713 was duly introduced, adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council held on the 20th day of June 2007, by the following vote, to wit: AYES: Councilmember Foat, Mills, Mayor Pro Tern Pougnet and Mayor Oden NOES: Councilmember McCulloch ABSENT: None ABSTAIN: None ?ES THOMPSON, CITY CLERK 4 S I5027 I 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 June 20, 2007. 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 a one-year period, 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 July 26, 2007. 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 matter are available for public review at City Hall 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 raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regardinu this case may be directed to Craig Ewing, Director of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Pal Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. J es Thompson, City Clerk