The URL can be used to link to this page

Home My WebLink About5/21/2014 - STAFF REPORTS - 2.C. QQALM Sp4 iy u a R r % City Council Staff Report R CgOFOR� P+ DATE: May 21, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1852, AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ALLOW RESTAURANTS IN HOTELS HAVING 20 ROOMS OR MORE IN THE R-3 ZONE WITH A CONDITIONAL USE PERMIT AND APPROVING A CEQA CATEGORICAL EXEMPTION (CASE 5.1334 ZTA): FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1852. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1852, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT." (CASE 5.1334 ZTA) STAFF ANALYSIS: On May 7, 2014, Ordinance No. 1852 was introduced for first reading, as noted below: Waive the reading of the ordinance text in its entirety and read by title only and introduce Ordinance No. 1852, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT." (CASE 5.1334 ZTA) Motion Mayor Pro Tern Hutcheson, seconded by Councilmember Mills and carried unanimously. AYES: Councilmembers Lewin, Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat. Item No. 2 . C . ADOPTION OF ORDINANCE NO. 1852 May 21, 2014 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. es Thompson David H. Ready, Esq., . .- ity Clerk City Manager 1kdh Attachment: Ordinance No. 1852 02 ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT. (CASE 5.1334 ZTA). City Attorney Summary The City's Zoning Code allows restaurants that are an integral part of hotels which contain 30 to 99 guest rooms, subject to a conditional use permit. This Ordinance will amend the Code to allow such restaurants in hotels which contain at least 20 guest rooms, subject to a conditional use permit. The City Council of the City of Palm Springs finds: A. The proposed zone text amendment (Case 5.1334 ZTA) is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act because the proposed zone text amendment proposes only insignificant changes to the title and provides additional restaurant options with a Conditional Use Permit in hotels having more than 20 rooms in the R-3 zone. B. 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 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. C. The proposed zoning code amendment is consistent with the intent of the general plan, including without limitation the General Plan priorities: LU7.6 Retain small hotel uses as part of the unique character of Palm Springs. LU7.9 Strongly discourage the conversion of small hotels to permanent housing units. The City Council of the City of Palm Springs ordains: SECTION 1. Palm Springs Zoning Code Subsection D.16 of Section 92.04.01 of the Palm Springs Municipal Code is amended to read: 16. Restaurants; provided that they are an integral part of a hotel which contains at least 20 guest rooms. 03 City Council Ordinance No. 1852 Page 2 of 2 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 thirty (30) days after passage. PASS, APPROVED, AND ADOPTED this day of 2014. STEPHEN P. POUGNET MAYOR ATTEST: JAMES THOMPSON CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do 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 and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 04 CITY OF PALM SPRINGS NOTIFICATION tg.a:., City Council Meeting Date: May 21, 2014 Subject: Ordinance No. 1852 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 May 31, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. lL41LO Kathie Hart, CMC 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 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 May 28, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. ` L Kathie Hart, CMC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000435728 V✓1 0 "`11�� I 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 f10gue ORDINANCEN0.11152 5/31/2014 AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,AMENDING SUQSEC- TION D.16 OF SECTION e2.04 0011 OOFMG rALM SPRINGS MUNICIPAL CODE HOTEELS Wm1 AAT LEAST 20 GUEST RMIT.(CAS ROOMMSECT TO A IN USE PEEJ5.1334 ZTA). The Csy's ZoningMAtf0m CodeYalws re laarenb 0+a1 acknowledge that I am a principal clerk of the printer of we en 1mngral pact of hotel4 whoCO�use c to uest rooms,subject to a caldltll The Desert Sun, printed and published weekly in the City M. TN a Ordnance will amens the code Beast such roetaurems in hotels a�c�ontl�al use per- of Palm Springs, County of Riverside, State of California. 20, wsl rooms,Bublect The Desert Sun was adjudicated a newspaper of general ma. circulation on March 24, 1988 by the Superior Court of the CERTIFICATION County of Riverside, State of California Case No. SamT°F CALIFORNIA � as. F RIVERSIDE 191236. CITY OF PALM SPRINGS WinTHOMPSON,C: wk of the that CitY00r1- Win Spnngs Calsomis,d0 1"caWly declare under penalty of perjury that the foregoing is true dinanoe No.1652 is a Ad,true l arM correct Id was inVoOuce Cat W regOrlu Me017 1i2M74o,,arM and correct. Executed on this 31st day of May, 2014 in pal 8pdi gs rCRRYlar 0cm on of7. Council ad on May 2m, 2014,h1'IM oAowing vale: Palm Springs,Ca1i!p . e�S; Councilmembers post, Lewin, Mills, '�,{OaayyEoorr Pro-rem Hutcheson-and Mayor Poughet NABSENT: None 1 ABSTAIN: NoneJAM CITY CLERK ECity Of Palm Springs.C81"an"a publlMed:S/S1f14 _ Brant nature ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT. (CASE 5.1334 ZTA). City Attorney Summary The City's Zoning Code allows restaurants that are an integral part of hotels which contain 30 to 99 guest rooms, subject to a conditional use permit. This Ordinance will amend the Code to allow such restaurants in hotels which contain at least 20 guest rooms, subject to a conditional use permit. The City Council of the City of Palm Springs finds: A. The proposed zone text amendment (Case 5.1334 ZTA) is Categorically Exempt from the provisions of CEQA under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act because the proposed zone text amendment proposes only insignificant changes to the title and provides additional restaurant options with a Conditional Use Permit in hotels having more than 20 rooms in the R-3 zone. B. 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 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. C. The proposed zoning code amendment is consistent with the intent of the general plan, including without limitation the General Plan priorities: LU7.6 Retain small hotel uses as part of the unique character of Palm Springs. LU7.9 Strongly discourage the conversion of small hotels to permanent housing units. The City Council of the City of Palm Springs ordains: SECTION 1. Palm Springs Zoning Code Subsection D.16 of Section 92.04.01 of the Palm Springs Municipal Code is amended to read: 16. Restaurants; provided that they are an integral part of a hotel which contains at least 20 guest rooms. City Council Ordinance No. 1852 Page 2 of 2 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 thirty (30) days after passage. PASS, APPROVED, AND ADOPTED this 215f day of May 2014. 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. 1852 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 7, 2014, and adopted at a regular meeting of the City Council held on May 21, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION D.16 OF SECTION 92.04.01 OF THE PALM SPRINGS MUNICIPAL CODE ALLOWING RESTAURANTS THAT ARE AN INTEGRAL PART OF HOTELS WITH AT LEAST 20 GUEST ROOMS IN THE R-3 ZONE SUBJECT TO A CONDITIONAL USE PERMIT. (CASE 5.1334 ZTA). City Attorney Summary The City's Zoning Code allows restaurants that are an integral part of hotels which contain 30 to 99 guest rooms, subject to a conditional use permit. This Ordinance will amend the Code to allow such restaurants in hotels which contain at least 20 guest rooms, subject to a conditional use permit. 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. 1852 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 7, 2014, and adopted at a regular meeting of the City Council held on May 21, 2014, by the following vote: AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None ES THOMPSON, CITY CLERK ity of Palm Springs, California