HomeMy WebLinkAbout1958 ORDINANCE NO. 1958
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS ZONING
CODE SECTIONS 91.00.10, 92.09.01, AND 92.09.02 TO
ALLOW GROCERY STORES WITHIN THE CBD
(CENTRAL BUSINESS DISTRICT) ZONE AND TO
PROVIDE FOR OTHER MINOR MODIFICATIONS AND
CORRECTIONS (CASE 5.1443 ZTA).
City Attorney's Summary
This Ordinance addresses grocery stores in the Central
Business District (CBD) zone, allowing grocery stores under
15,000 square feet in all cases, and allowing grocery stores
over 15,000 square feet with a conditional use permit, the
Ordinance also promotes zoning efficiency by adding
definitions, clarifying requirements, and correcting references.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City Council Business Retention Subcommittee has requested that
staff initiate an amendment to the municipal code to allow grocery stores in the CBD
(Central Business District) zone and referred the matter to the Planning Commission for
recommendation.
B. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1443 ZTA was given in accordance with applicable law.
C. On April 25, 2018, a public hearing on the proposed Zone Text Amendment
was held by the Planning Commission in accordance with applicable law, at which
meeting the Planning Commission continued the hearing to May 9, 2018, to allow for
additional research and testimony.
D. On May 9, 2018, the Planning Commission held a noticed public hearing on
the matter in accordance with applicable law, and voted 6 to 0 to recommend approval of
the proposed amendments, subject to conditions.
E. On May 16, 2018, the City Council held a noticed public hearing on the
proposed Zone Text Amendment in accordance with applicable law.
F. The proposed Zone Text Amendment is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to
Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will
not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State
Guidelines. Structures and projects allowable under this proposed Zone Text
Ordinance No. 1958
Page 2
Amendment would require an environmental evaluation under the California
Environmental Quality Act (CEQA) at the time an application is filed for such
development.
G. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Zone Text Amendment, including, but not
limited to, the staff report, and all written and oral testimony presented.
H. The City Council finds that approval of the proposed Zone Text Amendment
would:
1. Implement Action LU7.4 of the Land Use Element of the General Plan,
which recommends that the CBD (Central Business District) zone be
amended to include supermarkets and other personal service uses that
would benefit residents living in the downtown area;
2. Expand the diversity of uses allowed within the downtown area while
maintaining the scale and character of the historic village center; and
3. Provide a necessary use for residents and visitors within the downtown
area.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this Ordinance.
SECTION 2. Amend Section 91.00.10 of the Palm Springs Municipal Code to add
the following definitions:
"Retail Sales Use" means a retail facility for the sale of new merchandise to the
general public for direct consumption. This use:
1 . Includes such retail sales as apparel stores, art galleries, bakeries (without
onsite dining facilities), department stores, drug stores, florist shops, gift
stores, jewelry stores, pet shops (without kennel facilities), picture framing
studios, tobacco stores, and other similar retail sales uses.
2. Does not include the sale of wholesale goods.
3. Does not include uses that are otherwise listed in Chapter 92.
"Personal Services" means a facility for the sale or provision of general personal
services. This use:
Ordinance No. 1958
Page 3
1. Includes such services as barber/beauty shop, dry cleaners, hair salon, nail
salon, photography studios, shoe repair, tailor, tanning salon, watch/jewelry
repair, and other similar personal service uses.
2. Does not include uses that are otherwise listed in Chapter 92.
SECTION 3. Rescind and replace Section 92.09.01 of the Palm Springs Municipal
Code as follows:
92.09.01 Uses Permitted
A. Uses Permitted
Buildings, structures and land shall be used and buildings and structures shall
hereafter be erected, altered or enlarged only for the following uses. All uses
shall be subject to the standards prescribed in Section 92.09.03.
1. Antique shops;
2. Artist studios;
3. Bicycle sales and rentals, including accessory repair;
4. Cannabis dispensary, medical or adult-use, subject to the property
development standards contained in Section 93.2315 of this Code;
5. Cannabis lounge, subject to the property development standards
contained in Section 93.23.15 of this Code;
6. Dance studios;
7. Financial institutions without drive-through facilities;
8. Grocery stores, less than fifteen thousand (15,000) gross square feet
in area;
9. Offices, located outside of the Historic Village Center, and limited to a
maximum of five thousand (5,000) gross square feet in area at the
street level;
10. Outdoor display as an accessory to a permitted primary use and
located on the same property as the permitted use in the CBD zone
between Amado Road and Alejo Road.
a. Display of merchandise offered for sale within the 300-400 block of
North Palm Canyon Drive only:
i. Merchandise shall be limited to furniture, antiques, fine arts
and fine apparel.
ii. A maximum of one item may be displayed within a single
contiguous area of sixteen (16) square feet that is totally
located in front of and adjacent to the primary use.
iii. Items must be freestanding and not attached to any building.
iv. The maximum height of the display shall be seven (7) feet.
V. The display shall not be placed within the public right-of-way.
vi. No product advertising nor signage may be placed on the
display.
Ordinance No. 1958
Page 4
vii. Prohibited items include all merchandise not specifically
covered in item i above. Specifically prohibited items
include, but are not limited to, accessories, display racks,
mannequins (except torso display frames), and other similar
items.
viii. Approval of such display shall be subject to Section
94.04.00, minor architectural application, for a finding that
the display is compatible with pedestrian movements and the
character of the surrounding development.
11. Parking lots and parking structures as a primary use;
12. Personal services;
13. Professional and trade schools;
14. Public parks/plazas;
15. Retail stores, limited to a maximum of one hundred (100) linear feet of
frontage on any individual street and less than fifteen thousand
(15,000) gross square feet in area;
16. Television and radio production and broadcast facilities;
B. Similar Use Permitted by Commission Determination.
The commission may, by resolution of record, permit any other uses which it may
determine to be similar to those listed above, and not more obnoxious or
detrimental to the public health, safety, and welfare or to the other uses permitted
in the zone, as provided in Section 94.01.00.
C. Uses Permitted by Land Use Permit.
1. Indoor uses:
a. Animal daycare facilities (no kennels), located outside of the
Historic Village Center;
b. Automotive rental agencies as part of a resort hotel. The
following standards shall apply:
i. Standards prescribed in Section 92.04.01(A)(2).
Accessory commercial uses for resort hotels shall be
complied with;
ii. Number of vehicles stored at the location shall be limited
to the number necessary to serve the hotel only;
iii. No service or repair facilities for the vehicles shall be
permitted at the hotel site;
iv. Such use shall be permitted only if the hotel contains an
adequate number of parking spaces in accordance with
the provisions of Section 93.06.00;
c. Catering in conjunction with permitted main use;
d. Child care centers;
Ordinance No. 1958
Page 5
e. Conversion of existing upper-story floor area to multifamily
residential use. The following standards shall apply:
i. Each unit shall contain complete kitchen and sanitary
facilities;
ii. No outdoor storage may be visible from any street;
iii. Such conversion shall be subject to applicable building
code provisions;
iv. Additional standards as deemed appropriate by the
director of planning services, including considerations for
open space, parking, and trash collection;
f. Farmers market;
g. Festivals and exhibits;
h. Hotels and resort hotels, provided that no more than ten (10)
percent of the guest rooms contain kitchen facilities;
i. Offices, located outside the Historic Village Center, in excess of
five thousand (5,000) gross square feet of floor area on the
street level;
j. Offices, located within the Historic Village Center, limited to a
maximum area of two thousand five hundred (2,500) gross
square feet of floor area on the street level;
k. Post office branches;
I. Restaurants, unless otherwise regulated;
m. Spas, subject to the following restrictions:
i. For spa facilities provided as an accessory use to a hotel
or resort hotel, additional parking spaces shall be
provided where the spa facilities are made available to
non-hotel guests.
ii. Where massage services are provided accessory to the
spa use, compliance with the Palm Springs Municipal
Code Chapter 5.34 shall be required.
2. Outdoor uses as an accessory to a permitted primary use and
located on the same property as the permitted use:
a. Art displays;
b. Artisans and artists;
c. Bicycle display;
d. Car shows;
e. Christmas tree sales, not accessory to a primary use;
f. Display cases in malls or courts;
g. Farmers market;
h. Fashion shows;
i. Festivals, exhibits and special events;
j. Musicians/entertainment (subject to provisions of noise
ordinance);
k. Outdoor dining;
I. Plant and floral sales and displays;
Ordinance No. 1958
Page 6
m. Postcard displays (limited to one per store frontage);
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food;
ii. Beverages;
iii. Crafts;
iv. Floral items;
V. Other uses as determined by the planning commission.
3. Outdoor uses as an accessory to a permitted primary use and
located on public property including the public right-of-way (streets
and sidewalks):
a. Art displays;
b. Artisans and artists;
c. Festivals, exhibits and special events;
d. Musicians/entertainment (subject to provisions of noise
ordinance);
e. Outdoor dining;
f. Plant and floral sales and displays;
g. Vending carts dispensing the following:
i. Food;
ii. Beverages;
iii. Crafts;
iv. Floral items;
V. Other uses as determined by the planning commission.
4. Outdoor uses located on public property including the public right-
of-way (streets and sidewalks) when conducted in a designated
area approved by the city council and undertaken as part of a
festival, event or program to promote commercial, artistic or cultural
activity in the downtown district:
a. Art displays;
b. Artisans and artists;
c. Car shows;
d. Farmers market;
e. Fashion shows;
f. Festivals, exhibits and special events;
g. Musicians/entertainment (subject to provisions of noise
ordinance);
h. Outdoor dining;
i. Plant and floral sales and displays;
j. Theatre and public assembly;
k. Tourism activities kiosks;
I. Vending carts dispensing the following:
i. Food;
ii. Beverages;
iii. Crafts;
Ordinance No. 1958
Page 7
iv. Floral items;
V. Other uses as determined by the planning commission.
D. Uses Permitted by Conditional Use Permit.
1. Automobile service stations designed and constructed as an
integral part of a parking structure;
2. Automobile showrooms, where at least fifty (50) percent of autos
displayed for sale shall be new or classic cars;
3. Cocktail lounges and nightclubs;
4. Convention centers;
5. Grocery store, greater than fifteen thousand (15,000) gross square
feet in area;
6. Health clubs and athletic clubs;
7. Hotels and resort hotels in which more than ten (10) percent of the
guest rooms contain kitchen facilities;
8. Libraries/visitor's centers;
9. Liquor stores;
10. Lodges, meeting halls, private clubs;
11. Movie theaters;
12. Multifamily Residential (new);
13. Museums;
14. Offices, located within the Historic Village Center, in excess of two
thousand five hundred (2,500) square feet of gross floor area on
the street level;
15. Recreational facilities, commercial;
16. Religious institutions;
17. Retail stores, with over one hundred (100) linear feet of frontage on
any individual street and/or greater than fifteen thousand (15,000)
gross square feet in area;
18. Theaters;
19. Time-share projects subject to the provisions of Section 93.15.00.
SECTION 4. Rescind and replace Section 92.09.02 of the Palm Springs Municipal
Code as follows:
92.09.02 Uses Prohibited.
All uses and structures not permitted in Section 92.09.01 are deemed to be
specifically prohibited. The following classification of uses shall not be permitted
in this zone by planning commission determination:
A. Adult entertainment establishments;
Ordinance No. 1958
Page 8
B. Animal kennels;
C. Auction galleries, except as otherwise permitted per chapter 5.04 of the
Palm Springs Municipal Code;
D. Automobile rental, except as otherwise permitted;
E. Automobile service stations, except as otherwise permitted;
F. Contractor's offices;
G. Drive-in and drive-through facilities;
H. Industrial uses and manufacturing;
I. Massage establishments, except as otherwise permitted;
J. Mobilehome/RV parks;
K. Motor scooter, motorbike and motorcycle rentals and sales, both as a
primary and accessory use;
L. Pawn shops;
M. Second-hand stores and used goods as primary uses;
N. Self-service laundries;
O. Single-family residences;
P. Tattoo parlors and body piercing;
Q. Upholstery shops;
R. Wholesaling and warehousing.
4
SECTION 5. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision thereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 6. The proposed Zone Text Amendment is not subject to the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to
Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will
not result in a direct or reasonably foreseeable indirect physical change in the
environment and is not a "project," as that term is defined in Section 15378 of the State
Guidelines
SECTION 7. 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.
ADOPTED THIS 6T" DAY OF JUNE, 2018.
Ordinance No. 1958
Page 9
ROBERT MOON
MAYOR
77
A+Ki
HONY ME
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1958 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on May 16, 2018, and adopted at a
regular meeting of the City Council held on June 6, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this '21:�-f day of z
1
AWMONY J. I C
CITY CLERK