HomeMy WebLinkAbout1957 ORDINANCE NO. 1957
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 91 .00.10 AND
94.04.00 OF THE PALM SPRINGS MUNICIPAL CODE TO
ALLOW ADMINISTRATIVE APPROVAL OF
AGRICULTURAL STRUCTURES IN THE E-1 (ENERGY
INDUSTRIAL) AND M-2 (MANUFACTURING) ZONES
(CASE 5.1442 ZTA).
City Attorney's Summary
This Ordinance defines "agricultural structure,"and provides
for staff-level approval of minor architectural applications for
agricultural structures in Energy Industrial (E-1) and
Manufacturing (M-2) zones.
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 administrative approval of
agricultural structures in the E-I (Energy Industrial) zone and M-2 (Manufacturing) 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 5.1442 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 hearing
the Planning Commission voted 4 to 0 to recommend approval of the amendment to the
City Council.
D. On May 16, 2018, the City Council held a noticed public hearing on the
proposed Zone Text Amendment in accordance with applicable law.
E. 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
Amendment would require an environmental evaluation under the California
Environmental Quality Act (CEQA) at the time an application is filed for such
development.
Ordinance No. 1957
Page 2
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 find that approval of the proposed Zone Text Amendment
would:
1. Reduce the entitlement timeframe for agricultural structures by simplifying
the architectural review process;
2. Encourage the development of agricultural structures on underutilized land
in the E-1 and M-2 zones; and
3. Maintain adherence to the zoningcode, building code and other applicable
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codes and policies through a ministerial review process, so as to protect the
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general health, safety and welfare of the community.
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 definition:
"Agricultural structure" shall mean a structure used for agricultural purposes in
which the use is exclusively in connection with the production, harvesting, storage,
drying, or raising of agricultural commodities, including livestock. The structure
may be used for the storage of agricultural commodities and farm implements, and
may also be used for the processing, manufacturing, testing, treatment, and
packaging of agricultural products.
SECTION 3. Rescind and replace Section 94.04.00(E)(2)(a) of the Palm Springs
Municipal Code as follows:
a. Staff-Level Approvals.
1. Minor architectural applications which are acted upon by the director
of planning services, or designee, shall include the following:
i. Additions to single-family residential structures which do not
increase the existing floor area by more than forty percent
(40%);
Ordinance No. 1957
Page 3
ii. Additions to multifamily, commercial, and industrial structures
which do not increase the existing floor area by more than
twenty-five percent (25%);
iii. Agricultural structures in the E-I and M-2 zones;
iv. Entry features;
V. Exterior lighting plans;
vi. Landscaping plans;
vii. Minor grading plans;
viii. Repaints;
ix. Reroofs;
X. Sign programs;
xi. Signs; and
xii. Walls and fences.
2. The director of planning services may consult with the planning
commission architectural advisory committee in review of minor
architectural applications, or refer the entire matter to the planning
commission for review and action. The commission shall receive the
matter at its next regularly scheduled meeting and act within 30 days.
SECTION 4. 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 5. 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 6. 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. 1957
Page 4
ROBERT MOON
MAYOR
ATTEST:
A HONY J. EJIA
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. 1957 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 'fs � day of T-.� z--
HON MEJI
CITY CLER