HomeMy WebLinkAbout1855 ORDINANCE NO. 1855
AN ORDINANCE OF CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTION 94.02.01.C. OF
THE PALM SPRINGS MUNICIPAL CODE, BY ADDING
CHANGES IN USE OF EXISTING BUILDINGS ALONG
PALM CANYON AND INDIAN CANYON DRIVES NOT
WITHIN THE 'D' DOWNTOWN PARKING COMBINING
ZONE AS USES SUBJECT TO LAND USE PERMITS AND
FOR WHICH CERTAIN PARKING REQUIREMENTS MAY
BE WAIVED.
City Attorney Summary
The City's current zoning code requires that changes in use
of any existing building will require that the new use comply
with the current parking requirements applicable to the new
use. This Ordinance allows changes of use of certain
existing buildings along Palm Canyon and Indian Canyon
Drives, not within the 'D" Downtown Parking Combining
Zone to be approved pursuant to the City's land use permit
process and waive all or a portion of such additional parking
requirements.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The proposed amendment is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and the proposed amendment be
determined to be Categorically Exempt from the provisions of CEQA under Section
15301 (Existing Structures) of the Guidelines for the California Environmental Quality
Act because the proposed zone text amendment proposes only insignificant changes to
the title and only provides for relatively minor intensification of use without additional
parking for certain properties within a defined area of the City.
B. A notice of public hearing of the City Council of the City of Palm Springs, California
for Case 5.1343 ZTA (Zone Text Amendment) was given in accordance with applicable
law.
C. On July 16, 2014 a public hearing of the City Council was held to review said case,
and at said hearing the City Council reviewed and considered all of the evidence
presented in connection with the hearing on the project, including, but not limited to, the
staff report, and all written and oral testimony presented.
D. Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text Amendment), the
City Council finds as follows:
1. The proposed zoning code amendment is consistent with the intent of the zoning
code, because, according to Section 91.00.00, the Zoning Code is adopted "For
the purpose of promoting and protecting the public health, safety and welfare of
Ordinance No. 1855
Page 2
the people of the City of Palm Springs and to provide for the social, physical and
economic advantages resulting from comprehensive and orderly planned use of
land resources ...'; and
2. The proposed zoning code amendment is consistent with the intent of the
general plan, because, the General Plan goals include:
Goals
LU 4 Attract and Retain high-quality sustainable commercial
development
LU 1 Establish a balanced pattern of land uses that complements
the pattern and character of existing uses, offers opportunities for
the intensification of key targeted sites, minimizes adverse
environmental impacts and has positive economic results.
Policies
CD 30.3 Encourage retail uses that maintain extended evening hours
and support nighttime activity.
LU 1.5 Allow for flexible development standards provided that the
potential benefits and merits of projects can be balanced with
potential impacts.
LU 1.4 Encourage the expansion of existing facilities or the
introduction of new uses that are considered to be of significant
importance and constitute exceptional benefits to the city.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS:
Section 1. Sub-Paragraph f is added to Paragraph 94.02.01.C.2 of the Palm Springs
Municipal Code to add the following use as a use permitted by a land use permit:
f. A change of use for an existing commercial/retail building on property with
frontage on Palm Canyon Drive (including East Palm Canyon Drive and South Palm
Canyon Drive) or Indian Canyon Drive, will be eligible for a waiver of all or a portion of
additional parking that would otherwise be required for such change of use so long as:
i. The property is not within a Planned Development District;
ii. The property is not more than three acres in total area;
iii. The existing building is less than 20,000 square feet; and
iv. The property is not within "D" downtown parking combining zone;
and
V. The building existed prior to October 3, 2014.
Ordinance No. 1855
Page 3
Section 2. 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 (3)) days after passage.
PASSED, APPROVED, AND ADOPTED this 17th day of September 2014.
S EPH N P. POUGNET, MAYOR
ATTEST:
AMES 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. 1855 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on July 16, 2014 and adopted at a
regular meeting of the City Council held on September 17, 2014 by the following vote:
AYES: Councilmember Lewin, Councilmember Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Foat and Mayor Pro Tern Hutcheson
mes Thompson, City Clerk
City of Palm Springs, California I
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