HomeMy WebLinkAbout1713 - ORDINANCES - 6/20/2007 ' ORDINANCE NO. 1713
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, 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.
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
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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 7. 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 8. 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 9. 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,
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' 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.
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 10. 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.
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PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2007.
RON ODEN, MAYOR
ATTEST:
,d'AltilES THOMPSON,�CITY LERK
/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 Urgency Ordinance No. 1713 is a full, true, and correct copy, and was
introduced and adopted at a regular meeting of the Palm Springs City Council held on
the 20r" day of June, 2007 by the following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT: None.
ABSTAIN: None.
r'
mes Thompson, City Clerk
J,ZCity of Palm Springs, California