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HomeMy WebLinkAbout1977 ORDINANCE NO. 1977 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO MIXED-USE DEVELOPMENT IN THE CBD (CENTRAL BUSINESS DISTRICT), C1 (RETAIL BUSINESS) AND C-2 (GENERAL BUSINESS) ZONES CASE 5.1465 ZTA. City Attorney's Summary This Ordinance is intended to satisfy the requirements of Action Item HS 1.4 of the Housing Element of the City of Palm Springs General Plan by reducing the barriers to the development of mixed-use projects. The Ordinance specifies the zone districts where mixed- use development is permissible, amends the mixed- use parking standards to include standards for residential uses, and allows mixed-use projects to be developed at densities that are consistent with the General Plan. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan requires that the zoning code be amended to include provisions for mixed-use development, and to allow up to 70 dwelling units per acre in mixed-use areas as permitted by the General Plan. B. Notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1465 ZTA was given in accordance with applicable law. C. On January 23, 2019, 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 voted 7 to 0 to recommend approval of the proposed amendment. D. On February 6, 2019, the City Council held a noticed public hearing on the proposed Zone Text Amendment in accordance with applicable law. E. The proposed text amendment will implement General Plan densities and standards that were analyzed in the Environmental Impact Report (EIR) for the 2007 General Plan. The EIR was certified by City Council Resolution No. 22077 and remains the controlling environmental document for implementing changes to the Palm Springs Zoning Code. Because the proposed text Ordinance No. 1977 Page 2 amendments implement the 2007 General Plan, no further environmental documentation is required pursuant to Section 15162 of the California Environmental Quality Act. F. 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. G. The City Council finds that approval of the proposed Zone Text Amendment would: 1. Implement Action Item HS1.4 of the Housing Element of the City of Palm Springs General Plan relative to necessary revisions to the Zoning Code; 2. Facilitate the implementation of Policy HS1.3 of the Housing Element of the City of Palm Springs General Plan, which encourages the production of quality mixed- and multi-use projects that are complementary with surrounding uses; 3. Implement the permissible density of 70 dwelling units per acre allowable under the Central Business District land use designation of the Land Use Element; 4. Facilitate mixed-use development as allowable under the Mixed-Use/Multi-Use land use designation of the Land Use Element; 5. Facilitate the development of a broad range of housing types in the City of Palm Springs. 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 Zoning Code to include the following revision to the definition for "Mixed-use development:" "Mixed-use development" means a development type where residential uses and commercial and/or civic uses are integrated within a single building or a single development, and where the uses share pedestrian access, vehicular access, paring functions, or any combination thereof. Ordinance No. 1977 Page 3 SECTION 3. Amend Section 92.09.01(A) of the Palm Springs Zoning Code to include the following use, and renumber the list of uses accordingly: 9. Mixed-use development; SECTION 4. Amend Section 92.09.01(D) of the Palm Springs Zoning Code to eliminate the following use, and renumber the list of uses accordingly: 12. Multifamily Residential (new); SECTION 5. Amend Section 92.09.03 of the Palm Springs Zoning Code to add the following language: F. Residential Density. Residential units developed within the CBD zone shall be at a minimum density of twenty-one (21) dwelling units per acre and a maximum density of thirty (30) dwelling units per acre, with the following exceptions: 1. There shall be no minimum density threshold where existing upper-story commercial floor area is converted to residential use in accordance with subsection 92.09.01(C)(1)(e); the maximum density for such conversions shall be thirty (30) dwelling units per acre. 2. Up to seventy (70) dwelling units per acre may be permissible in the Downtown Central Core, as that area is defined in the General Plan, subject to the approval of a Planned Development District or Specific Plan. 3. Additional density may be permissible in accordance with the density bonus requirements listed in section 92.23.17. SECTION 6. Amend Section 92.12.01(A) of the Palm Springs Zoning Code to add the followinguse, and renumber the list of uses accordingly: 36. Mixed-use development; SECTION 7. Amend Section 92.12.01(A) of the Palm Springs Zoning Code to eliminate the following use, and renumber the list of uses accordingly: 38. Multiple family dwelling subject to the R-3 zone standards, Section 92.04.00; SECTION 8. Amend Section 92.12.01(D) of the Palm Springs Zoning Code to add the following uses, and renumber the list of uses accordingly: Ordinance No. 1977 Page 4 19. Multifamily residential use; SECTION 9. Amend Section 92.12.03 of the Palm Springs Zoning Code to add the following language and renumber the list of development standards accordingly: E. Residential Density. Residential units developed within the C-1 zone shall be in conformance to the permissible density limits identified in the Land Use Element of the General Plan. Additional density may be permissible in accordance with the density bonus requirements listed in section 93.23.17. SECTION 10. Amend Section 92.14.01(A) of the Palm Springs Zoning Code to include the following use, and renumber the list of uses accordingly: 20. Mixed-use development. SECTION 11. Amend Section 92.14.02(D) of the Palm Springs Zoning Code to revise the language as follows: D. Single-family residential use. SECTION 12. Amend Section 92.15.01(C) of the Palm Springs Zoning Code to eliminate the following use, and renumber the list of uses accordingly: 7. Restaurants within mixed-use developments; SECTION 13. Amend Section 92.16.01(A)(3)(n) of the Palm Springs Zoning Code to revise the language as follows: n. Restaurants, excluding drive-through facilities. SECTION 14. Amend Section 92.16.01(C) of the Palm Springs Zoning Code to eliminate the following use, and renumber the list of uses accordingly: 5. Restaurants within mixed-use developments; SECTION 15. Amend Section 92.17.01(C)(5) of the Palm Springs Zoning Code to revise the language as follows: 5. Restaurants. SECTION 16. Amend Section 92.26.00(C)(6) of the Palm Springs Zoning Code to add subsection (b) as follows: Ordinance No. 1977 Page 5 b. Residential units, when incorporated as part of a mixed-use development which exceeds twenty-thousand (20,000) square feet of gross floor area, shall be parked at a ratio of one-half (0.5) space per bedroom for the first two (2) bedrooms. No additional parking spaces shall be required for residential units with more than two (2) bedrooms. SECTION 17. Amend Section 93.06.00(B)(6) of the Palm Springs Zoning Code as follows: (6) Mixed Uses or Occupancies. In the case of mixed uses or occupancies, the total number of required off-street parking spaces shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities provided for one use shall not be considered as providing the requirement parking facilities for any other use, unless a joint use of parking facilities has been approved by the Planning Commission as specified in this section. Parking requirements for mixed-use developments, as that term is defined in Section 91.00.10, shall be calculated in accordance with the requirements of subsection (D)(7) or subsection (D)(19), as may be applicable. SECTION 18. Amend Section 93.06.00(D)(7)(b) of the Palm Springs Zoning Code to follows: b. Mixed-use developments, which exceed twenty-thousand (20,000) square feet of gross floor area, shall provide one (1) space for each three hundred twenty-five (325) square feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than twenty-five (25) percent of the total floor area of the whole complex is devoted to restaurant use. Parking for residential units within a mixed-use development shall be provided at a ratio of one-half (0.5) space per bedroom for the first two (2) bedrooms. No additional parking spaces shall be required for residential units with more than two (2) bedrooms. SECTION 19. Amend Section 93.06.00(D)(19) of the Palm Springs Zoning Code as follows: 19. Mixed-use Developments (with a gross floor area exceeding twenty- thousand (20,000) square feet, including retail but excepting the C- B-D zone). One (1) space for each three-hundred (300) square feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than twenty-five (25) percent of the total floor Ordinance No. 1977 Page 6 area of the whole complex is devoted to restaurant use. Parking for residential units within a mixed-use development shall be provided at a ratio of one-half (0.5) space per bedroom for the first two (2) bedrooms. No additional parking spaces shall be required for residential units with more than two (2) bedrooms. SECTION 20. Amend Section 93.06.00(D)(19)(a) of the Palm Springs Zoning Code to eliminate the following language: (a) The percentage of floor area devoted to restaurant uses without additional parking may be increased by the Planning Commission where it finds that the nature of the use will not require increased parking, that other adequate arrangements exist to satisfy the parking demand or that other similar factors exist. SECTION 21. 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 22. The proposed text amendment will implement General Plan densities and standards that were analyzed in the Environmental Impact Report (EIR) for the 2007 General Plan. The EIR was certified by City Council Resolution No. 22077 and remains the controlling environmental document for implementing changes to the Palm Springs Zoning Code. Because the proposed text amendments implement the 2007 General Plan, no further environmental documentation is required pursuant to Section 15162 of the California Environmental Quality Act. SECTION 23. 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. Ordinance No. 1977 Page 7 ADOPTED THIS 20TH DAY OF FEBRUA 9. ROBE T M N MAYOR ATTEST: 61"0:'N Y J M I , M CITY CLEW CERTIFICATION STATE OF CALIFORNIA ) II'I 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. 1977 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held on Wednesday the 6th day of February, 2019, and adopted at a regular meeting of the City Council held on the 20th day of February, 2019 by the following vote: AYES: Councilmembers Holstege, Middleton, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 'L7t,— day of F rJ , ``) dHONYJ.PE , MC CITY CLER