HomeMy WebLinkAbout9/26/2017 - STAFF REPORTS - 1.B. moo,p A LM SpP
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City Council Staff Report
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DATE: September 26, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1936,
ADOPTING AN AMENDMENT TO SECTIONS 92.03.01(C), 92.04.01(D),
AND 92.05.01(D) OF THE PALM SPRINGS ZONING CODE (PSZC)
RELATING TO THE REQUIREMENTS FOR HOTEL RESTAURANT
FACILITIES IN THE R-2, R-3 AND R-4 ZONE DISTRICTS.
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1936.
RECOMMENDATION:
Waive the second reading of the ordinance text in its entirety, read by title only, and adopt
Ordinance No. 1936, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING AN AMENDMENT TO SECTIONS 92.03.01(C), 92.04.01(D),
AND 92.05.01(D) OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO THE
REQUIREMENTS FOR HOTEL RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4
ZONE DISTRICTS."
STAFF ANALYSIS:
On September 6, 2017, Ordinance No. 1936 was introduced for first reading, as noted
below:
ACTION: Waive the reading of text in its entirety, read by title only, and introduce
for first reading Ordinance No. 1936, "AN ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO
SECTIONS 92.03.01(C), 92.04.01(D), AND 92.05.01(D) OF THE PALM SPRINGS
ZONING CODE (PSZC) RELATING TO THE REQUIREMENTS FOR HOTEL
RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4 ZONE DISTRICTS."
Approved by a majority vote of the City Council (4-0-1).
AYES: Councilmembers Kors, Mills, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Roberts
f TEM NO.,,.�,��
ADOPTION OF ORDINANCE NO. 1936
September 26, 2017
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
Kathleen D. Hart, MMC David H. Ready, Es .
Interim City Clerk City Manager
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Attachment:
Ordinance No. 1936
02
ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTIONS 92.03.01(C), 92.04.01(D),
AND 92.05.01(D) OF THE PALM SPRINGS ZONING CODE
(PSZC) RELATING TO THE REQUIREMENTS FOR HOTEL
RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4
ZONE DISTRICTS
City Attorney Summary
The proposed ordinance will remove the guest room threshold
requirement for accessory hotel restaurants in multifamily zoning districts,
and will allow the use in multifamily districts subject to the discretionary
approval of a Conditional Use Permit.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Pursuant to Section 94.07.01 of the Palm Springs zoning Code (PSZC),
the Planning Commission is authorized to initiate proceedings and recommend
amendments to the Zoning Code.
B. On April 26, 2017, the Planning Commission directed staff to prepare a
Zone Text Amendment to modify the requirements for hotel restaurants in multifamily
zoning districts.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1420 was given in accordance with applicable law.
D. On June 14, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable law,
and after taking public testimony and reviewing all evidence presented in connection
with the hearing, the Planning commission voted 6 to 0 to recommend approval of the
proposed ordinance to City Council.
E. Notice of public hearing of the City Council of the City of Palm Springs to
consider case 5.1420 ZTA was given in accordance with applicable law.
F. The proposed Zone Text Amendment (Case 5.1420 ZTA) is considered
Categorically Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines,
because "it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment." Approval of the proposed
Zone Text Amendment does not approve any development project. Future
development under the proposed changes would be subject to CEQA at that time, as
03
Ordinance No. 1936
Page 2
those actions would be classified as "projects" under CEQA. There, the proposed
action qualifies for exemption and no further environmental review is necessary.
G. On September 6, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with applicable law, and the
CityCouncil has careful) reviewed and
Y considered all of the evidence presented in
connection with the hearingon the Zone Text Amendment including, but not limited to
the staff rep
ort, and all written and oral testimony Yresented.P
H. The City Council hereby finds that the proposed Zone Text Amendment
would:
1. Assist in retaining small hotel uses as part of the unique character of Palm
Springs in accordance with Policy LU7.6 of the General Plan;
2. Remove a regulatory barrier to the provision of quality services at small
hotel facilities in accordance with Policy LU7.7 of the General Plan;
3. Maintain the discretionary ability of the City of Palm Springs to approve
restaurant facilities at hotel properties and implement mitigation
requirements as may be necessary.
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. Palm Springs Zoning Code (PSZC) Section 92.03.01(C)(13) is
hereby amended and restated to read as follows:
13. Restaurants, incidental or accessory to a hotel use, operated primarily for
the convenience of guests, and occupying not more than twenty (20) percent of
the gross floor area of the hotel buildings.
SECTION 3. That PSZC Section 92.04.01(D)(9) is hereby amended and
restated to read as follows:
9. Incidental or accessory commercial uses, including restaurant uses,
located within hotels containing less than one hundred (100) guest rooms and
operated primarily for the convenience of the hotel guests; providing such total
commercial uses shall occupy not more than twenty (20) percent of the gross
floor area of the hotel buildings.
04
Ordinance No. 1936
Page 3
SECTION 4. That PSZC Section 92.04.01(D)(16) is hereby deleted in its entirety
and the following subsection are renumbered accordingly.
SECTION 5. That PSZC Section 92.05.01(D)(5) is hereby amended and
restated to read as follows:
5. Restaurants, incidental or accessory to a hotel use, located within hotels
containing less than one hundred (100) guest rooms, and occupying not more
than twenty (20) percent of the gross floor area of the hotel buildings.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 26T" DAY OF SEPTEMBER, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1936 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSAL:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
05
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 CEIi�Q
760-7784578I Fax 760-778-4731 JIB Y OF PRIM SF itlNC1
State Of California ss: OCT
County of Riverside
;ICE GF 11tE
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0002453635
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper: The Desert Sun
10/6/2017
I acknowledge that I am a principal clerk of the
printer of The Desert Sun, printed and O ORDINANCE NO.1936
published weekly in the City of Palm Springs, NO 1391.
AN.ORDINANCE OF THE CITY COUNCIL EN THE CITY TI PALM SPRINGS,
County of Riverside, State of California.The CALIFORNIA' ADOPTING AN AMENDMENT TO SECTIONS 9(pSZC RE
CALIFORNI AND 9 ADOPTING
OF THE PALM SPRINGS ZONING CODE(PSZC)RE-
Desert Sun was adjudicated a Newspaper of LATING TO THE REQUIREMENTS FQR HOTEL RESTAURANT FACILITIES IN THE R-2,
l circulation March 24, 1988 b the R-3 AND RA ZONE DISTRICTS.
general rcu on on arc y City Attorney summary
Superior Court of the Count of Riverside, proposed ordinance will remove the guest room, resholtl requirement for
p y .The
State of California Case No. 191236. roval of a Conditional
accessory hotel restaurants in multifamily zoning districts,and will allow the use
in multifamily districts subject to the Iscretionary app
Use Permit. CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss. - -
-CITY OF PALM SPRINGS ) do hereby
I declare under penalty of perjury that the true and Correct copy,and was intro
p y p J ry I,KATHLEEN D.HART,Interim City Clerk of the City of Palm springs,
certify that Ordinance No.1936 is a full, Coon er foregoing Is true and correct. Executed on duced at a regulartd at meeting r of the egular Palmmee springs city
Septemberl26,2017,by the
6,2017,and adgp
this 6th day of�OCTOBER, 2017 in Palm fouowingvote: and Mayor
Springs, Calif �la. AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat,
Moon
NOES: None
ABSENT:. Councilmember Mills
AESTAIN: None
RECUSAL: None
KATHLEEN D.HART,MMC Published:10/6/2017
INTERIM CITY CLERK
....4 67PC
clarant
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
,I•LM fI
O
L
Date: October 6, 2017
Subject: Ordinance 1936
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
October 6, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before October 5, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia . Berardi, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTIONS 92.03.01(C), 92.04.01(D),
AND 92.05.01(D) OF THE PALM SPRINGS ZONING CODE
(PSZC) RELATING TO THE REQUIREMENTS FOR HOTEL
RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4
ZONE DISTRICTS.
City Attorney Summary
The proposed ordinance will remove the guest room threshold
requirement for accessory hotel restaurants in multifamily zoning districts,
and will allow the use in multifamily districts subject to the discretionary
approval of a Conditional Use Permit.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1936 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSAL: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1936
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
AMENDMENT TO SECTIONS 92.03.01(C), 92.04.01(D),
AND 92.05.01(D) OF THE PALM SPRINGS ZONING CODE
(PSZC) RELATING TO THE REQUIREMENTS FOR HOTEL
RESTAURANT FACILITIES IN THE R-2, R-3 AND R-4
ZONE DISTRICTS.
City Attorney Summary
The proposed ordinance will remove the guest room threshold
requirement for accessory hotel restaurants in multifamily zoning districts,
and will allow the use in multifamily districts subject to the discretionary
approval of a Conditional Use Permit.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Pursuant to Section 94.07.01 of the Palm Springs zoning Code (PSZC),
the Planning Commission is authorized to initiate proceedings and recommend
amendments to the Zoning Code.
B. On April 26, 2017, the Planning Commission directed staff to prepare a
Zone Text Amendment to modify the requirements for hotel restaurants in multifamily
zoning districts.
C. Notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1420 was given in accordance with applicable law.
D. On June 14, 2017, a public hearing on the proposed Zone Text
Amendment was held by the Planning Commission in accordance with applicable law,
and after taking public testimony and reviewing all evidence presented in connection
with the hearing, the Planning commission voted 6 to 0 to recommend approval of the
proposed ordinance to City Council.
E. Notice of public hearing of the City Council of the City of Palm Springs to
consider case 5.1420 ZTA was given in accordance with applicable law.
F. The proposed Zone Text Amendment (Case 5.1420 ZTA) is considered
Categorically Exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines,
because "it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment." Approval of the proposed
Zone Text Amendment does not approve any development project. Future
development under the proposed changes would be subject to CEQA at that time, as
Ordinance No. 1936
Page 2
those actions would be classified as "projects" under CEQA. There, the proposed
action qualifies for exemption and no further environmental review is necessary.
G. On September 6, 2017, a public hearing on the proposed Zone Text
Amendment was held by the City Council in accordance with applicable law, and 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 hereby finds that the proposed Zone Text Amendment
would:
1. Assist in retaining small hotel uses as part of the unique character of Palm
Springs in accordance with Policy LU7.6 of the General Plan;
2. Remove a regulatory barrier to the provision of quality services at small
hotel facilities in accordance with Policy LU7.7 of the General Plan;
3. Maintain the discretionary ability of the City of Palm Springs to approve
restaurant facilities at hotel properties and implement mitigation
requirements as may be necessary.
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. Palm Springs Zoning Code (PSZC) Section 92.03.01(C)(13) is
hereby amended and restated to read as follows:
13. Restaurants, incidental or accessory to a hotel use, operated primarily for
the convenience of guests, and occupying not more than twenty (20) percent of
the gross floor area of the hotel buildings.
SECTION 3. That PSZC Section 92.04.01(D)(9) is hereby amended and
restated to read as follows:
9. Incidental or accessory commercial uses, including restaurant uses,
located within hotels containing less than one hundred (100) guest rooms and
operated primarily for the convenience of the hotel guests; providing such total
commercial uses shall occupy not more than twenty (20) percent of the gross
floor area of the hotel buildings.
Ordinance No. 1936
Page 3
SECTION 4. That PSZC Section 92.04.01(D)(16) is hereby deleted in its entirety
and the following subsection are renumbered accordingly.
SECTION 5. That PSZC Section 92.05.01(D)(5) is hereby amended and
restated to read as follows:
5. Restaurants, incidental or accessory to a hotel use, located within hotels
containing less than one hundred (100) guest rooms, and occupying not more
than twenty (20) percent of the gross floor area of the hotel buildings.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 26TH DAY OF SEPTEMBER, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1936 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on September 6, 2017, and
adopted at a regular meeting held on September 26, 2017, by the following vote:
AYES: Councilmembers Kors, Roberts, Mayor Pro Tern Foat, and Mayor Moon
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
RECUSAL: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK