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Home My WebLink About2016 ORDINANCE NO. 2016 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.08.01 THROUGH 92.08.03 OF CHAPTER 92.08 OF THE PALM SPRINGS ZONING CODE TO PERMIT CERTAIN RESIDENTIAL USES WITHIN THE PROFESSIONAL ("P") ZONES OF THE CITY. City Attorney's Summary This Ordinance amends various sections of Chapter 92.08 of the Palm Springs Zoning Code to permit certain residential uses to operate within the City's Professional (`P') zones, in order to make the Zoning Code consistent with the City's General Plan. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and D. The City has identified areas of land where zoning is inconsistent with the General Plan, as it relates to residential uses within the "P" (Professional) zone, and has initiated a .zone text amendment, Case 5.1467 ZTA, to resolve this inconsistency in accordance with Section. 94.07.01 of the Palm Springs Zoning Code (the "Zone Text Amendment"); and E. On November.13, 2019, the Planning Commission conducted a noticed public hearing to consider the proposed Zone Text Amendment and, by a 5-0 vote, approved Resolution #6785 recommending approval of the proposed Zone Text Amendment to the City Council; and Ordinance No. 2016 Page 2 F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zone Text Amendment was given in accordance with applicable law; and G. On January 30, 2020, the City Council conducted a noticed public hearing on the Zone Text Amendment to permit residential uses within the "P" Zone, in order to make the Zoning Code consistent with the City's General Plan, which already allows residential uses within professional zones; and H. 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; and I. The proposed Zone Text Amendment is a "project" as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. Pursuant to Section 15183(a) of the CEQA Guidelines, a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review, "except as might be necessary to examine whether there are project-specific significant. effects which are peculiar to the project or its site." On October 24, 2007, the City certified an Environmental Impact Report (EIR) in relation to the approval of the Comprehensive Update of the 2007 Palm Springs General Plan. Because there is no development currently proposed and there are no project-specific significant effects that are peculiar to the project, the General Plan EIR analysis provides an adequate program level of analysis of potential impacts for this Zone Text Amendment, due to the fact that residential development was anticipated in the areas that will be impacted by the proposed Zone Text Amendment. Therefore, it can be concluded that no further CEQA analysis is required for the proposed Zone Text Amendment. J. The City Council finds that approval of the proposed Zone Text Amendment is consistent with the General Plan and supports residential development in accordance with the following General Plan Goals and Policies: 1. "Ensure that housing needs of people with varying incomes, household sizes, and lifestyles can be met within the City" (Goal LU6). 2. "Facilitate new residential development on vacant or underutilized properties that have been designated as mixed/multi-use areas on the Land Use Plan" (Policy LU6.1). 3. "Encourage new residential infill development" (Policy LU6.2) 4. "Provide incentives to encourage developers to produce housing at all socioeconomic levels" (Action LU6.1). Ordinance No. 2016 Page 3 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 the and through this Ordinance. SECTION 2. Amend Subsection (A) of Section 92.08.01 of Chapter 92.08 of the Palm Springs Municipal Code ("P" Zone Regulations) as follows: "92.08.01 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 property development standards in Section 92.08.03. 1-: Accessory uses customarily incident to the permitted uses and located on the same lot therewith; The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00; 15. Pharmacy; 16, Residential uses as follows: a. Single-family dwellings and related accessory dwelling units in accordance with the development standards of Section 92.01.00 (R-1-C) zone, only if designated Residential (excluding Mixed Use) by the General Plan; b. Mixed-use development, only if designated Mixed Use by the General Plan. 176. Secretarial and clerical services; 187. Tattoo parlors and body piercing." Ordinance No. 2016 Page 4 SECTION 3. Amend Section 92.08.02 of Chapter 92.08 of the Palm Springs Municipal Code ("P" Zone Regulations) as follows: "92.08.02 Uses Prohibited. All uses and structures not permitted in Section 92.08.01 are deemed to be specifically prohibited. The following classifications of uses shall not be permitted in this zone by commission determination: A. Industrial uses; B. Residential uses, except as otherwise permitted; C. Retail sales, except those listed in uses permitted." SECTION 4. Add Subsection (N) to Section 92.08.03 of Chapter 92.08 of the Palm Springs Municipal Code ("P" Zone Regulations) to read as follows: "92.08.03 Property development standards. The following standards shall apply to all land and buildings in the "P" zone except that any lot created in compliance with applicable laws and ordinances in effect at the time of its creation may be used as a building site. A. Lot Area. Each lot shall have a minimum area of twenty thousand (20,000) square feet. M. Public Art. The provisions of Section 93.11.00 shall apply. N. Residential Density. Residential units developed within a mixed-use development shall be in conformance to the permissible density limits identified in the Land Use Element of the General Plan." 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. Ordinance No. 2016 Page 5 SECTION 6. For the reasons get forth herein, while the proposed Zone Text Amendment is a "project" as defined by the California Environmental Quality Act (CEQA), the City's certified Environmental Impact Report (EIR) for the Comprehensive Update of the 2007 Palm Springs General Plan provides an adequate program level of analysis of potential impacts for this Zone Text Amendment. Therefore, it can be concluded that no further CEQA analysis is required for the proposed Zoning Text Amendment. 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 13T" DAY OF FEBRUARY 2020. G O F K , MAYOR ATTEST: B ONY J. EMA, CTTY CLERK Ordinance No. 2016 Page 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) 1,ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2016 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 30t" day of January, 2020, and adopted at a regular meeting of the City Council held on the 13t" of February, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tem Holstege, and Mayor Kors 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 2'74 ' day of 202rJ THO J. MEJI C CITY CL