HomeMy WebLinkAbout4/1/2015 - STAFF REPORTS - 1.E. PALM SA
N CITY COUNCIL STAFF REPORT
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DATE: April 1, 2015 PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.06.030, 6.12.030, AND 94.10.00 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL UP OF
COMMISSION AND BOARD ACTIONS AND SUSPENSION OF
REGULATORY ORDINANCES (CASE 5.1341 ZTA).
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
An ordinance to preserve and reaffirm the City Council's ability to call up for review
actions or decisions of any of the City's boards and commissions, including the City's
Planning Commission and clarifies certain practices related to the suspension of
regulatory ordinances.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Waive the reading of the ordinance text in its entirety and read by title only; and
3. Adopt Ordinance No. , AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.06.030, 6.12.030, AND 94.10.00 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL UP OF
COMMISSION AND BOARD ACTIONS AND THE SUSPENSION OF REGULATORY
ORDINANCES 6.12.030 OF THE PALM SPRINGS MUNICIPAL CODE.
BACKGROUND & SETTING
The City of Palm Springs has had a long-standing policy and practice of providing the City
Council with the authority to review, approve, modify, or overturn decisions and actions of
the City's boards and commissions. This authority includes decisions and actions of the
City's Planning Commission. The basic premises of this authority is vested in the basic
concept that the City Council is ultimately responsible for the governance of the City and
that the City Council should have the authority to review the actions and decisions of its
subordinate boards and commissions to ensure that the policies and goals of the City
Council are maintained and preserved.
ITEM NO.
City Council Staff Report April 1,2015
Case 5.1341 ZTA Page 2 of 5
The proposed ordinance amends existing provisions of the City's municipal code that
provide for the Council's ability to initiate review of any decision or action of a city board
or commission. The amendments are necessary and desirable to ensure that the City's
current practice of the "call-up" will be consistent with requirements of recent judicial
developments. The City's practice is not considered an appeal of any decision but is
rooted in the concept that the initiation of review by a councilmember is not by itself
evidence of a bias against or for any decision or action but a declaration that at least one
councilmember finds the matter is an issue of vital concern to the community and/or its
residents and is an issue that warrants Council deliberation and consideration. The
ordinance eliminates the reference to an appeal process and establishes a separate
review process for Council call-ups.
The ordinance also makes a modification to the City's suspension of regulatory
ordinances by reaffirming the City Manager's authority to suspend such ordinances from
time to time for city sponsored events.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on the proposed ordinance on March
11, 2015, and considered the proposed changes to Section 94.10.00. The commission
recommended approval of the proposed ordinance by a vote of 6 to 0, with the following
clarification:
• Add language to clarify that Council call-up procedures are in reference to any
final action of a board or commission.
The original ordinance was not limited to "final" decisions and the amendment as
introduced was intended to preserve the existing practice. Therefore staff recommends
the Council adopt the ordinance as introduced.
NOTIFICATION
A public hearing notice was published; no inquiries have been received to date.
kt�
Dougla Holland Marcus L. Fuller, MPA, PE, PLS
City A orney Assistant City Manager/City Engineer
David H. Ready, Es ., mes Thompson
City Manager City Clerk
02
City Council Staff Report April 1,2015
Case 5.1341 ZTA Page 3 of 5
Attachments:
1. Draft Ordinance
2. PC Minutes — March 11, 2015
3. Planning Commission Resolution
03
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.06.030, 6.12.030, AND 94.10.00 OF THE
PALM SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL UP
OF COMMISSION AND BOARD ACTIONS AND THE SUSPENSION OF
REGULATORY ORDINANCES
City Attorney Summary
This Ordinance amends and reaffirms the legislative and adjudicatory
authority of the City Council to call-up and initiate the review of actions or
decisions of city boards and commissions. The Ordinance also reaffirms
the ability of the City Manager to suspend from time to time regulatory
ordinances for city sponsored events.
The City Council of the City of Palm Springs finds:
A. The City Council of the City of Palm Springs has retained to itself, as the final
legislative and adjudicatory decision maker of the City, the ability to initiate the review of
decisions and actions of the City's boards and Commissions, a practice that has is also
referred to as a "Council call-up" or simply a "call-up."
B. The City Council finds and declares that the practice of the Council call-up has
allowed the City Council to review decisions and actions that could become final in the
event such matters are not appealed to the City by an applicant or any interested
person who, pursuant to the provisions of the Palm Springs Municipal Code, are
"aggrieved" of the decision or action of the board or commission. The Council
specifically declares that public policy on important community issues should not be
decided or applied by default. The City finds that the ability of each member of the City
Council to request City Council review and consideration of decisions and actions of
City boards and commissions that could have important or significant effects on the City
or its residents should be preserved. It is the intent of the City Council that it should
retain the ability to call-up and review the decisions and actions of its subordinate
boards and commissions in order to assist in the provision of consistent application of
city policies and practices for the benefit on the City and to preserve, enhance, and
protect the public health, safety, and welfare.
C. The City Council further finds that the initiation of review by a councilmember is
not by itself evidence of a bias against or for any decision or action but a declaration
that at least one councilmember finds the matter is an issue of vital concern to the
community and/or its residents and is an issue that warrants Council consideration.
D. The City Council further declares that its long standing practice of Council review
of board and commission decisions and actions shall not be deemed an appeal nor
shall any councilmember who initiates a review be deemed a person aggrieved of a
04
Ordinance No. _
Page 2
decision or presumed to have a bias for or against such decision or action.
The City Council of the City of Palm Springs, California, ordains:
SECTION 1. Section 2.06.030 of the Palm Springs Municipal Code is amended to read:
2.06.030 Councilmember Review of Decisions.
(a) Any member of the City Council of the City of Palm Springs may initiate a review
of any decision or action of a City Council appointed commission or board that is not
otherwise before the City Council by giving notice thereof to the City Clerk. The Notice
of Review shall be submitted to the City Clerk no later than fifteen days following the
date of the action which is the subject of the review. The Notice of Review shall not be
deemed an appeal of a commission or board decision or action and the hearing thereon
shall be conducted pursuant to the provisions of this Section.
(b) The City Clerk, upon receipt of the Notice of Review, shall set a time and place
for the hearing of the matter for which the review was requested. The hearing on the
review shall be heard no more than forty-five days following the filing of the notice of
review.
(c) Notice of the time and place of the hearing on the review shall be mailed or
otherwise delivered by the City Clerk to the applicant, if any, and all other persons, if
any, to whom notice of the initial application or action was required, not less than ten
days prior to hearing. If publication of the initial application or action being appealed was
required, the notice of appeal shall be published in like manner.
(c) The action of the council appointed commission or board shall be set aside and
the City Council shall conduct a public hearing de novo on the review. All persons shall
have the right to be heard by the City Council either in person, in writing, or by
representative. Technical rules of evidence shall not apply in proceedings under this
Section. No party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the City Council.
(d) The City Council shall render its decision within fifteen days following the
conclusion of the hearing on review. Upon finding good cause to do so, the City Council
may extend the time for rendering its decision up to ninety days.
(e) No later than five days following the rendering of the council's decision the City
Clerk shall mail or otherwise deliver a copy of said decision to each party or person who
presented evidence during the proceedings, or who requested to be furnished a copy of
the decision. Failure of the City Clerk to mail or deliver a copy of the decision to each
such party or person shall not affect the finality or effectiveness of the decision. The City
Council's decision shall be final.
05
Ordinance No. _
Page 3
SECTION 2. Section 6.12.030 of the Palm Springs Municipal Code is amended to read:
6.12.030 Authority to suspend regulatory ordinances.
The City Manager may suspend the operation of any one or more regulatory ordinances
to the extent that such ordinances would otherwise apply to one or more specifically
designated special events conducted, sponsored, co-sponsored or sanctioned by the
City. The ordinances which may be suspended include, without thereby limiting, the
Noise Ordinance, the Sign Ordinance, and any other regulatory ordinances which in the
judgment of the City Manager would interfere with or impede the conduct of such
designated special events. Any decision of the City Manager may be appealed to the
City Council pursuant to the provisions of Chapter 2.05 of this Code.
SECTION 3. Section 94.10.00 of the Palm Springs Municipal Code is amended to read:
94.10.00 Review by Councilmember.
Any member of the City Council may initiate a review of any planning or zoning
decision of the planning commission not otherwise before the City Council by giving
notice thereof to the City Clerk within the time for filing of a notice of review as
prescribed by Section 2.06.030 of the Palm Springs Municipal Code. City Council
review of a planning or zoning decision of the planning commission shall follow the
procedure provided by Chapter 2.06.030 of the Palm Springs Municipal Code
SECTION 4. 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 and Ordinance No. 1873 shall thereafter no longer
be in effect.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
06
Ordinance No. _
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the day of , 2015, and adopted at
a regular meeting of the City Council held on the day of , 2015, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
07
City of Palm Springs
Planning Commission Minutes
March 11,2015
Motion: Commissioner Weremiuk, seconded by Commissio unanimously
carried 6-0-1 on a roll call vote.
AYES: Commissi r ine, Commissioner Lowe, Commissioner Middleton,
Commiss erts, Commissioner Weremiuk, Chair Hudson
Vice-Chair Klatchko
2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND
SECTION 94.10.00 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATING TO
CITY COUNCIL CALL UP OF COMMISSION AND BOARD ACTIONS (CASE NO.
5.1363 ZTA). (FF)
Director Fagg presented the zone text amendment relating to Councilmember call up of
Commission and Board actions.
The Commission asked questions relating to:
1. A similar ordinance for Commission call-up on AAC actions.
2. The difference between an appeal- by an applicant and a review by a
councilmember.
3. Add the verbiage,"a final action" instead of decision.
Chair Hudson opened public comments and with no speakers coming forward the public
hearing was closed.
ACTION: Recommend approval to City Council, as amended:
-Add verbiage: "City Council review of a planning or zoning final action of the planning
commission shall follow the procedure provided . . ."
Motion: Commissioner Calerdine, seconded by Commissioner Weremiuk and
unanimously carried 6-0-1 on-a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Chair Hudson
ABSENT: Vice-Chair Klatchko
LNING COMMISSION REPORTS, REQUESTS AND COMMEbcommittees h active in resolving issues for continued projects.
waxwo
5
08
RESOLUTION NO.
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SECTION 94.10.00 OF THE
PALM SPRINGS ZONING CODE RELATING TO
COUNCIL CALL UP OF COMMISSION AND
BOARD ACTIONS.
WHEREAS, the City Council has retained to itself, as the final legislative
and adjudicatory decision maker of the City, the ability to initiate the review of
decisions and actions of the City's boards and commissions, a practice that is
also referred to as a "Council call-up" or simply a "call-up'; and
WHEREAS, Section 94 of the Palm Springs Zoning Code establishes the
procedures by which the City Council may initiate a "call-up" or review of the
actions of the City's boards and commissions; and
WHEREAS, on March 11, 2015, the Planning Commission conducted a
noticed public hearing on an amendment to Section 94 of the Palm Springs
Zoning Ordinance to clarify the procedures by which City Council may initiate the
review of board and commission actions; and
WHEREAS, the Planning Commission hereby determines that the
proposed Zoning Ordinance Text Amendment is Categorically Exempt under
Section 15305, "Minor Alterations in Land Use Limitations," of the Guidelines for
the Implement of the California Environmental Quality Act and that the proposed
amendment does not result in any changes in land use or density; therefore
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission hereby finds that adoption of the
proposed Zoning Ordinance Text Amendment would:
a. Retain the ability of the City Council to review the decisions of City
boards and commissions in order to preserve, enhance, and protect
the public health, safety, and welfare.
b. Clarify that initiation of a review by a councilmember is not by itself
evidence of a bias against or for any decision or action but a
declaration that the matter is an issue of vital concern to the
community and/or its residents and is an issue that warrant Council
consideration.
C. Differentiate that the long-standing practice of Council review of
board and commission actions shall not be deemed an appeal nor 09
Planning Commission Resolution No.
Case No. 5.1363 ZTA
Page 2
shall any councilmember who initiates a review be deemed a
person aggrieved of a decision or presumed to have a bias for or
against such decision or action.
SECTION 2. The adoption of the proposed Zoning Ordinance Text
Amendment would be consistent with the intent of the Zoning Ordinance
and the City's General Plan as it provides a clearly identified and timely
process for review of board and commission decisions and actions and
assists in maintaining public health, safety and welfare.
SECTION 3. Section 94.10.00 of the Palm Springs Zoning Code is
amended to read:
94.10.00 Review by Councilmember.
Any member of the City Council may initiate a review of any final planning
or zoning decision of the planning commission not otherwise before the
City Council by giving notice thereof to the City Clerk within the time for
filing of a notice of review as prescribed by Section 2.06.030 of the Palm
Springs Municipal Code. City Council review of a planning or zoning
decision of the planning commission shall follow the procedure provided
by Chapter 2.06.030 of the Palm Springs Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
Planning Commission hereby approves Case No. 5.1363 ZTA.
ADOPTED this 11th day of March, 2015.
AYES: 6, Commissioner Calerdine, Commissioner Lowe, Commissioner
Roberts, Commissioner Weremiuk, Commissioner Middleton,
Chair Hudson
NOES: None
ABSENT: Vice-Chair Klatchko
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Flinn Fagg, AICP
Director of Planning Services
10
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1363 ZTA
PROPOSED ORDINANCE BY THE CITY OF PALM SPRINGS
AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO COUNCIL CALL
UP OF COMMISSION AND BOARD ACTIONS AND THE SUSPENSION OF
REGULATORY ORDINANCES.
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a
public hearing at its meeting of April 1, 2015. The City Council meeting begins at 6:00 p.m. in the
Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider an ordinance to amend Sections 2.06.030, 6.12.030, and
94,10.00 of the Palm Springs Municipal Code, to reaffirm the legislative and adjudicatory authority of
the City Council to call-up and initiate the review of actions or decisions of city boards or
commissions, and to clarify certain practices related to the suspension of regulatory ordinances.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the Lead
Agency, under the California Environmental Quality Act (CEQA) has determined that the proposed
zoning code text amendment is Categorically Exempt under Section 15305 (Minor Alterations in Land
Use Limitations) of the Guidelines for the California Environmental Quality Act since the proposed
zone text amendment proposes only insignificant changes to entitlement proceedings.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this matter
are available for public review at City Hall between the hours of 8:00 a.m. and
6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing and/or in writing
before the hearing. Written comments may be made to the City Council by letter (for mail or hand
delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk at,
or prior to, the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Douglas Holland, City Attorney, at (760) 323-8201.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar con
Felipe Primera telefono (760) 323-8253.
mes Thompson, City Clerk
11
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: April 1, 2015
Subject: Case 5.1363 ZTA
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on March 21, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
1
Kathie Hart, MMC
Chief Deputy City Clerk
I
AFFIDAVIT OF POSTING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing 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 March 19, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
1`
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on March 19, 2015, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(308 notices)
I1 �declare under penalty of perjury that the foregoing is true and correct.
l
Kathie Hart, MMC
Chief Deputy City Clerk
12
nC^l�
The Desert Sun Certificate of Publication
Q 750 N Gene Autry Trail
Palm Springs, CA 92262 E(,',F}l .:
760-778-4578/Fax 760-778-4731 F' .. 1 r! ",
2015HAR 25 I"H 7: 59
NOTICE OF PUBLIC HEARING
State Of California ss: - - CITY COUNCIL
County of Riverside Ci. '." CRY OF PALM 8PBM16S
CASE 6.1383 ZTA
PROPOSED ORDINANCE BY THE CITY OF PALM SPRINGS
Advertiser: AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO
COUNCIL CALL UP OF COMMISSION AND BOARD ACTIONS AND
CITY OF PALM SPRINGS/LEGALS THE SUSPENSION OF REGULATORY ORDINANCES.
PO BOX 2743 NOTICE IS HUMP UM ghat tie City Council of the City of
• PALM SPRINGS CA 922632 Palm Springs,Callfomfa,will hold a public hearing atilsmieft
of April 1,2015.The City Council meeting begin at 6.00 p.m.
in the Council Chamber at City.Hill,3200 East Tahquhz Canyon
2000579025 Yam,Palm Sprite`
The Purpose of the hearing Is to consider an adnence to emend
Sections 2.06.030,6.12.030,and 94.10.00 of the Palm Springs
Municipal Code, to reaffirm the leglslathe and adjulicafary
authority of the City Council fo call-up and 100 the review
I am over the age of 18 years old, a citizen of the United
of actions or decisions o1 my boards or commisalau,and to
States and not a party to, or have interest in this matter. I dully certain pm dkn related to the suspension of regulatory j
hereby certify that the attached advertisement appeared ordinances'
i
in said newspaper (set in type not smaller than non panel) ENVIRONMENTAL DETERMNlA710N:The City of Palm Springs,
in each and entire issue of said newspaper and not in any In Inn CapacHy as the Leal Agency, Under the Celffenhte.
supplement thereof on line following dates,to wit: Environmental quality Act (CEQA) Ihe$ determined that the
Newspaper. .The Desert Sun proposed zoning code tent amendment is Categorically Exempt
under Section 15MS(dinorAll eratlons in Land Use Umblilons)
of the Guidelines for the California Embomhedal Quality
3/21/2ois Act since the proposed zone text amendment proposes only
Imilphlfleant Changes to entitlement proceedings.
REVIEW OF INFORMATION: The staff report and other
supporting documents regarding this matter are available for
pubk review at City Hell between the hours of 8:OO am.and
6:00 p.m,Monday through Thursday.Please contact the Office
I acknowledge that I am a principal clerk of the printer of of to City Clerk at(780)323-SMI you would like toschedule
The Desert Sun, printed and published weekly in the City an appdntment to retilew these documents.
of Palm Springs, County of Riverside, State of California. COMMEtlTB:Response t0 this notice may be Atlanta verbally at
The Desert Sun was adjudicated a newspaper of general the Public Hearing andlor In wdtig behae the hearng.Written
circulation on March the Superior Court of the comments may be made to the City Council by letter(for mail or
County of Riverside,, Sttateate off California Case No. Mend deliveM to-.191236. James Thompson,C2A!Clerk
• 3200 E Tahqulh Canyon Way -
I declare under per f perjury that the foregoing is true Patin Springs,CA 92262
and correct. cuted o this 21st day of March, 2015 in Any ChellmpB of the proposed prefect In Court may be limited to
Palm Sprin , lifornia. raising only those Issues raised at the public hearing described
In this notice, or in written correspondence delivered In, the
CRY Clerk at or prior to,the public heal(Government Code
Section 65009(b)fA).
An opportunity will be given at said hearing for all interested
Dec rant's Signature persons to be heard. Questions regarding this ruse may be
directed to Douglas Holland,Cly Attorney,at(700)323-8201.
Sf necesita ayuda can este carts,por favor game a In Ciudad
de Palm Springs y puede hablar can Felpe Primem telefono
(760)323-8253.
1� James Thompson,Cly CI
The Desert Sun Certificate of Publication
750 N Gene Autry Trail Palm Springs, CA 92262 t^ I V ED
760-778-4578/Fax 760-778-4731
2015APR 14 PH I 29
State Of California ss: C'17 L e i
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000598179
>�r A 1VI
I am over the age of 18 years old, a citizen of the United 1�
States and not a party to, or have interest in this matter. I VVVV
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
4/10/2015 No 0515
ORDINANCE NO.1874
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA. AMENDING SEC-
THE PALM SOPRINGS M6WICIIPA CODE EF
LATING TO COUNCIL CALL UP OF COMMIS-
SION AND BOARD ACTSTHE SUS-
ENSION OF REGULATORYA ORDINANCES
6.12.030 OF THE PALM SPRINGS MUNICIPAL
I acknowledge that I am a principal clerk of the printer of CODE.
The Desert Sun, printed and published weekly in the City - City Attorney SN11 rY
This Ordinance amends and reaf9rms the legisla-
of Palm Springs, County of Riverside, State of California. tive and adjudicatory authority of the City Council
The Desert Sun was adjudicated a newspaper of general store�ofPciityy b and oards a d commissions. The O dF
circulation on March 24, 1988 by the Superior Court of the nance also readhnls she abNN of the Mana9-
er to suspend from time to ti me regula cry
or�i•
County of Riverside. State of California Case No. nanoea for coy sponsored evema.
191236. CERTIFICATION -
STATE OF CALIFORNIA
I declare under of perjury that the foregoing is true CITY FP PALM SPRINGS
and correc xecuted n this 10th day of April, 2015 in I DAMES THOMPSON,Ciry Clerk of the CM of
helm SMn s,he=cem%that Ordinance e.
Palm rigs, lifornia. 18rt774 is a fill,hue anrdecorregctwpy,and was Irmo-
Liar a Palm Son
ay
Febru
Codisadopted on the1st ular data M p' 2016 b�Ci e
following vote:
AYES: Councilmembers Hutcheson, Mills,
Mayor Pro Tern Lewin,and Mayor Pougnet.
NOES: Counclrnernber Foal.
Clarant8 Signature JAMES THOMPSON.CITY CLERK
g Cfry of Palm Springs.California
Published:4nQ`16 14'
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: April 1 , 2015
Subject: Ordinance No. 1874
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
April 10, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
L�—
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance wes 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 April 6, 2015.
1 1declare under penalty of perjury that the foregoing is true and correct.
lL�
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1874
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.06.030, 6.12.030,
AND 94.10.00 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO COUNCIL CALL UP OF COMMISSION AND
BOARD ACTIONS AND THE SUSPENSION OF
REGULATORY ORDINANCES 6.12.030 OF THE PALM
SPRINGS MUNICIPAL CODE.
City Attorney Summary
This Ordinance amends and reaffirms the legislative and adjudicatory authority of the
City Council to call-up and initiate the review of actions or decisions of city boards and
commissions. The Ordinance also reaffirms the ability of the City Manager to suspend
from time to time regulatory ordinances for city sponsored events.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1874 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 18T" day of February, 2015, and
adopted at a regular meeting of the City Council held on the 15S day of April, 2015, by
the following vote:
AYES: Councilmembers Hutcheson, Mills, Mayor Pro Tern Lewin, and
Mayor Pougnet
NOES: Councilmember Foat
ABSTAIN: None
MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1874
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 2.06.030, 6.12.030,
AND 94.10.00 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO COUNCIL CALL UP OF COMMISSION AND
BOARD ACTIONS AND THE SUSPENSION OF
REGULATORY ORDINANCES 6.12.030 OF THE PALM
SPRINGS MUNICIPAL CODE.
City Attorney Summary
This Ordinance amends and reaffirms the legislative and adjudicatory
authority of the City Council to call-up and initiate the review of actions or
decisions of city boards and commissions. The Ordinance also reaffirms
the ability of the City Manager to suspend from time to time regulatory
ordinances for city sponsored events.
The City Council of the City of Palm Springs finds:
A. The City Council of the City of Palm Springs has retained to itself, as the final
legislative and adjudicatory decision maker of the City, the ability to initiate the review of
decisions and actions of the City's boards and Commissions, a practice that has is also
referred to as a "Council call-up" or simply a "call-up."
B. The City Council finds and declares that the practice of the Council call-up has
allowed the City Council to review decisions and actions that could become final in the
event such matters are not appealed to the City by an applicant or any interested
person who, pursuant to the provisions of the Palm Springs Municipal Code, are
"aggrieved" of the decision or action of the board or commission. The Council
specifically declares that public policy on important community issues should not be
decided or applied by default. The City finds that the ability of each member of the City
Council to request City Council review and consideration of decisions and actions of
City boards and commissions that could have important or significant effects on the City
or its residents should be preserved. It is the intent of the City Council that it should
retain the ability to call-up and review the decisions and actions of its subordinate
boards and commissions in order to assist in the provision of consistent application of
city policies and practices for the benefit on the City and to preserve, enhance, and
protect the public health, safety, and welfare.
C. The City Council further finds that the initiation of review by a councilmember is
not by itself evidence of a bias against or for any decision or action but a declaration
that at least one councilmember finds the matter is an issue of vital concern to the
community and/or its residents and is an issue that warrants Council consideration.
D. The City Council further declares that its long standing practice of Council review
Ordinance No. 1874
Page 2
of board and commission decisions and actions shall not be deemed an appeal nor
shall any councilmember who initiates a review be deemed a person aggrieved of a
decision or presumed to have a bias for or against such decision or action.
The City Council of the City of Palm Springs, California, ordains:
SECTION 1. Section 2.06.030 of the Palm Springs Municipal Code is amended
to read:
2.06.030 Councilmember Review of Decisions.
(a) Any member of the City Council of the City of Palm Springs may initiate a review
of any decision or action of a City Council appointed commission or board that is not
otherwise before the City Council by giving notice thereof to the City Clerk. The Notice
of Review shall be submitted to the City Clerk no later than fifteen days following the
date of the action which is the subject of the review. The Notice of Review shall not be
deemed an appeal of a commission or board decision or action and the hearing thereon
shall be conducted pursuant to the provisions of this Section.
(b) The City Clerk, upon receipt of the Notice of Review, shall set a time and place
for the hearing of the matter for which the review was requested. The hearing on the
review shall be heard no more than forty-five days following the filing of the notice of
review.
(c) Notice of the time and place of the hearing on the review shall be mailed or
otherwise delivered by the City Clerk to the applicant, if any, and all other persons, if
any, to whom notice of the initial application or action was required, not less than ten
days prior to hearing. If publication of the initial application or action being appealed was
required, the notice of appeal shall be published in like manner.
(c) The action of the council appointed commission or board shall be set aside and
the City Council shall conduct a public hearing de novo on the review. All persons shall
have the right to be heard by the City Council either in person, in writing, or by
representative. Technical rules of evidence shall not apply in proceedings under this
Section. No party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the City Council.
(d) The City Council shall render its decision within fifteen days following the
conclusion of the hearing on review. Upon finding good cause to do so, the City Council
may extend the time for rendering its decision up to ninety days.
(e) No later than five days following the rendering of the council's decision the City
Clerk shall mail or otherwise deliver a copy of said decision to each party or person who
presented evidence during the proceedings, or who requested to be furnished a copy of
the decision. Failure of the City Clerk to mail or deliver a copy of the decision to each
such party or person shall not affect the finality or effectiveness of the decision. The City
Council's decision shall be final.
Ordinance No. 1874
Page 3
SECTION 2. Section 6.12.030 of the Palm Springs Municipal Code is amended
to read:
6.12.030 Authority to suspend regulatory ordinances.
The City Manager may suspend the operation of any one or more regulatory ordinances
to the extent that such ordinances would otherwise apply to one or more specifically
designated special events conducted, sponsored, co-sponsored or sanctioned by the
City. The ordinances which may be suspended include, without thereby limiting, the
Noise Ordinance, the Sign Ordinance, and any other regulatory ordinances which in the
judgment of the City Manager would interfere with or impede the conduct of such
designated special events. Any decision of the City Manager may be appealed to the
City Council pursuant to the provisions of Chapter 2.05 of this Code.
SECTION 3. Section 94.10.00 of the Palm Springs Municipal Code is amended
to read:
94.10.00 Review by Councilmember.
Any member of the City Council may initiate a review of any planning or zoning
decision of the planning commission not otherwise before the City Council by giving
notice thereof to the City Clerk within the time for filing of a notice of review as
prescribed by Section 2.06.030 of the Palm Springs Municipal Code. City Council
review of a planning or zoning decision of the planning commission shall follow the
procedure provided by Chapter 2.06.030 of the Palm Springs Municipal Code
SECTION 4. 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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 4T" DAY OF MARCH, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1874
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1874 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 18T" day of February, 2015, and
adopted at a regular meeting of the City Council held on the 151 day of April, 2015, by
the following vote:
AYES: Councilmembers Hutcheson, Mills, Mayor Pro Tem Lewin, and
Mayor Pougnet.
NOES: Councilmember Foat.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
Kathie Hart
From: Joanne Bruggemans
Sent: Thursday, March 19, 2015 2:37 PM
To: Andreas Hills;Araby Commons;Araby Cove; Baristo(nixonSF@aol.com); Canyon Corridor Qforn29
@gmail.com); Deepwell Estates; Demuth Park; Desert Highland Gateway Estates; Desert Park Estates;
El Mirador; El Rancho Vista Estates; Four Seasons; Gene Autry; Historic Tennis Club; Indian Canyons;
Little Beverly Hills; Little Beverly Hills; Little Tuscany; Little Tuscany; Los Compadres; Midtown;
Midtown; Mountain Gate; Movie Colony East; Old Las Palmas; Parkview Mobile Estates; Racquet Club
Estates; Racquet Club South; Racquet Club West;Sonora Sunrise;Sunmor;Sunrise Park;Sunrise
Park;Sunrise Vista Chino;Tahquitz River Estates;The Mesa;The Movie Colony;Twin Palms;Vista Las
Palmas;Vista Norte;Warm Sands
Cc: Flinn Fagg; Kathie Hart
Subject: Case 5.1363 ZTA-Relating to Council Call Up of Commision and Board Actions
Attachments: 5.1363 ZTA PHN for CC 04 01 15.pdf
Good afternoon—
Please find the attached Public Hearing Notice of the City Council for April 1, 2015 of the proposed Zone Text
Amendment.
Thank you,
J"4"c
Joanne Bruggemans
City of Palm Springs
Planning Services Department
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Phone: (760) 323-8245 Fax: (760) 322-8360
Email: Joanne.bruggemansCapalmspringsca-gov
t
13
'now
MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS,CA 92263-4738
„I CITY OF PALM SPRINGS CASE 5.1363 ZTA
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
ATTN SECRETARY/5.1363 ZTA 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS PATRICIA GARCIA
MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION
AGUA ENTE BAND OF CAHUILLA OFFICER
INDIANS A UA AL ENTE BAND OF CAHUILLA
PLANNING&DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEF40 INDIANS MR FRANK TYSEN
ATTN: JOSEPH ONTIVEROS CASA CODY INN
CULTURAL RESOURCES MANAGER 175 S. CAHUILLA ROAD
P.O. BOX 487 PALM SPRINGS, CA 92262
SAN JACINTO,CA 92581
domm M. ,
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