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Home My WebLink About1/7/2015 - STAFF REPORTS - 2.F. P ALM SA a V N v ,r """M1 City Council Staff Report c4<7F0 DATE: January 7, 2015 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1868 TO AMEND THE PALM SPRINGS ZONING CODE RELATING TO EMERGENCY SHELTERS IN THE M-2 (MANUFACTURING) DISTRICT AND CEQA NOTICE OF EXEMPTION (CASE 5.1332-ZTA) FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1868. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1868, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY SHELTERS." STAFF ANALYSIS: On December 17, 2014, Ordinance No. 1868 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety, read by title only, and introduce on first reading Ordinance No. 1868, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY SHELTERS." AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None Item No. 2 . F . ADOPTION OF ORDINANCE NO. 1868 January 7, 2015 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. Kathie Hart, MMC �tDavid H. Ready, Es ., h.D. Chief Deputy City Clerk YY �� City Manager FOR: James Thompson, City Clerk /kdh Attachments: Ordinance No. 1868 02 ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTION 92.17.1.01 OF THE PALM SPRINGS ZONING CODE RELATING TO EMERGENCY SHELTERS. CityAttorney's Summary This ordinance amends the zoning chapter of the City by providing a definition for emergency shelters and allowing the use as a permitted use in the M-2 Zone. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN: SECTION 1. Code Amendment 1. Zoning Code Section 92.17.1.01 (M-2 Zone) entitled "Uses Permitted" is hereby amended by adding a new subsection A. 7 to read as follows: 92.17.1.01(A) 7. Emergency Shelters. Emergency Shelters are defined as housing for homeless persons for interim occupancy intended for a period of less than 6 months whereby no person is denied occupancy because of an inability to pay rent. SECTION 2. General Plan Consistency The City Council hereby finds that this Ordinance is consistent with the 2007 General Plan of the City of Palm Springs. SECTION 3. 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 the land use designation provisions. 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 03 Ordinance No. 1868 Page 2 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 7T" DAY OF JANUARY, 2015 STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1868 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 17, 2014, and adopted at a regular meeting of the City Council held on the 7th day of January, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 04 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 JAN 26 AM 8 5 State Of California ss: J A, T) County of Riverside Li T Y C L_ Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000535780 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 1/22/2015 1 acknowledge that I am a principal clerk of the printer of No 0091 The Desert Sun, printed and ORDINANCE N0.t8ss p published weekly in the Clay AN ORDINANCE OF THE CITY OF PALM Of Palm Springs, County Of Riverside, Stale of California. SPRINGS, CALIFORNIA AMENDING PALM The Desert Sun was adjudicated a newspaper of general SPRINGS yyppNING COM SECTION 92.17.1.01 circulation on March 24, 1988 by the Supedor Court of the RELATINGi0 EMERGENCY SHELTERS. Countyof Riverside, State of CaliforniaCase No. CIIy ANDRW's Summary This ordinance amends the zoning chapter of the t 191236. Clry by roviding a definition for emergericyshel- r tars antl albxrng Me use as a penninel use in the f M-2 Zone. F CERTIFICATION I declare under penally of perjury that the foregoing is true 1 STATE OF CALIFORNIAI 0 COUNTY OF RIVERSIDE ss. T nd correct. Ex uted . his 22nd day of January, 2015 CITY OF PALM SPRING ) L P in Palm Springs, ifomia. I JAN]ES THOMPSON, City Clerk of the City of pi Felm Sponge,California,dNmtvy certify Mat Or- a d dinance No.1868 Is a full,true and correct copy, al and was pIntroduced ex reatt a regular meefi of a dr Palm S rings. Cwniil hMtl ti the 7th day Council onoeJeng 20of 1er 17,p16 W the following vote: tlo a AYES: Councllmember Foal,Counci nnamber 92 Hutcheson,Councilmember Mills,Mayor Pro Tern Dh De arant Ignatur Lewin,and Mayor Pougmt. fro NOES: None. ABSENT: None. LIE ABSTAIN: None. NC St: JAMES THOMPSON,CITYCLERK By City of Palm Springs,Celao n Ag Publlshist 1MIS Pu CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: January 7, 2015 Subject: Ordinance No. 1868 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 January 22, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. 460'k) 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 were 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 January 21, 2015. 11 declare under penalty of perjury that the foregoing is true and correct. VcLdg J Kathie Hart, MMC Chief Deputy City Clerk ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY SHELTERS. City Attorney's Summary This ordinance amends the zoning chapter of the City by providing a definition for emergency shelters and allowing the use as a permitted use in the M-2 Zone. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1868 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 17, 2014, and adopted at a regular meeting of the City Council held on the 7th day of January, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS ZONING CODE SECTION 92.17.1.01 RELATING TO EMERGENCY SHELTERS. City Attomey's Summary This ordinance amends the zoning chapter of the City by providing a definition for emergency shelters and allowing the use as a permitted use in the M-2 Zone. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN: SECTION 1. Code Amendment 1. Zoning Code Section 92.17.1.01 (M-2 Zone) entitled "Uses Permitted" is hereby amended by adding a new subsection A. 7 to read as follows: 92.17.1.01(A) 7. Emergency Shelters. Emergency Shelters are defined as housing for homeless persons for interim occupancy intended for a period of less than 6 months whereby no person is denied occupancy because of an inability to pay rent. SECTION 2. General Plan Consistency The City Council hereby finds that this Ordinance is consistent with the 2007 General Plan of the City of Palm Springs. SECTION 3. 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 the land use designation provisions. 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 Ordinance No. 1868 Page 2 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 7T" DAY OF JANUARY, 2015 STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1868 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on December 17, 2014, and adopted at a regular meeting of the City Council held on the 7th day of January, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California