HomeMy WebLinkAbout5/7/2014 - STAFF REPORTS - 1.B. OE pAlAl S'a
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•• • ••• CITY COUNCIL STAFF REPORT
DATE: May 7, 2014 PUBLIC HEARING
SUBJECT: CITY OF PALM SPRINGS 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.
FROM: David H. Ready
City Manager
By: Department of Planning Services
SUMMARY
The City Council to review a Zone Text Amendment to allow restaurants in hotels with 20
or more rooms.
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. Introduce on first reading Ordinance No. , "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'.
ANALYSIS:
The city is desirous of retaining its stock of smaller hotels. Land Use Element Policy
LU7.6 states 'Retain small hotel uses as part of the unique character of Palm Springs".
Policy LU7.9 states "Strongly discourage the conversion of small hotels to permanent
housing units".
There are several smaller hotels located in R-3 zones along E. Palm Canyon and west of
ITEM NO. 0
City Council Staff Report May 7,2014
Case 5.1334 ZTA-20 or more rooms Page 2 of 2
downtown. Many do not have restaurant facilities which would greatly enhance their
services. The current code only allows restaurants in hotels having 30 to 99 rooms.
Planning staff has conferred with the Economic Development department and legal staff
and found no specific basis for these numbers. Staff feels that changing the lower
threshold to 20 rooms would enable new or existing owners to operate their facilities and
make their small hotels more viable.
The Planning Commission unanimously recommended approval of the subject
amendment at their meeting of April 9, 2014.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed
Zone Text Amendment has been deemed a "project'. Staff has determined that the
proposed zone text amendment (Case 5.1334 ZTA) may be deemed 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 of the
proposed zone text amendment proposes only insignificant changes to the title and
provides for hotels with 20 rooms to be able to have restaurants.
NOTIFICATION:
A public hearing notice was advertised in accordance with the requirements of State law
and local ordinance. As of the writing of this report, staff has not received any comments.
FISCAL IMPACT:
None.
i
M. rgo IW eeler, AICP David H. Ready
Director of Planning Services City Manager
ames Thompson
City Clerk ORDINAN
AS AP R TO FORM:
Attachments:
1. Draft Ordinance Douglas of nd
2. Draft Planning Commission Minutes - 4/9/14 city Att ney
02
ORDINANCE NO.
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._ May 7,2014
Case 5.1334 ZTA-Restaurants with 20 or more rooms 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 )
I, 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
Planning Commission Minutes 3
April 9, 2014
, FOR A CONDITIONAL E
PERMIT TO CONSTRUCT A 370-SQUARE FOOT ACCESSORY APARTMENT ITH
KITCHEN FACILITIES LOCATED AT 941 EAST CHIA ROAD (CASE NO .1329
CUP). (GM)
Director Wheeler presented the proposed project as outlined in the staff r ort.
Commissioner Weremiuk commented that she would ' e to se a 30 day rental
limitation on the entire property.
Vice-Chair Hudson opened the public hearing:
BARRY NICHOLAS, representing the own rified th is intent is to build for
himself and not commercial use.
There being no further appearances the pub a i g closed.
Commissioner Weremiuk comm hat the r ure looks very bo y. She would
like to send back to allow the ap a ch to the architecture to be more
in keeping with the neighborhood. a staff t vide feedback from the City
Attorney to see if a 30 d limit is all on tire p
Commissioner KI ex ed on th of enforcement available for
violation of renting a casi short entals.
Commissi tchko the uest to approach the City Attorney to
inquire the pen en property and consider the issues of
enfor nt. He a ge ff to sp the applicant during the interim to see if
they a favor of a I ion a entire property or the alternative could be subject
to the no estric . ns out a en.
ACTION: Tabl
Motion: mmissi miuk, seconded by Commissioner Klatchko and
unanimo ly carried 5 a roll call vote.
AY Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Commissioner Weremiuk and Vice-Chair Hudson
BS NT:
2B. THE CITY OF PALM SPRINGS TO AMEND THE PALM SPRING ZONING CODE
(PSZC) 92.04.01 (10)(16) TO ALLOW RESTAURANTS IN HOTELS HAVING 20
05
Planning Commission Minutes 4
April 9, 2014
ROOMS OR MORE IN THE R-3 ZONE WITH A CONDITIONAL USE PERMIT (CASE
5.1334 ZTA). (MW)
Director Wheeler presented the proposed zone text amendment as outlined in the staff
report.
Vice-Chair Hudson opened public comments and with no appearances coming forward
public comments was closed.
ACTION: To recommend approval to the City C Coun
Motion: Commissioner Lowe, seconded by sion eremiuk and unanimously
carried 5-0-2 on a roll call vote.
AYES: Commissioner Calerdine, issioner Klatchko, missioner Lowe,
Commissioner Weremiuk and -Chair hAwrison
ABSENT: Commissioner Rob s and Chai
3A. MA EC INV , L. UE O EAR TIME EXTENSION
FOR A PR O AP ED 18 IUM PROJECT LOCATED
AT THE SOOT COR OF EA LM CA ON DRIVE AND MATTHEW
DRIVE, (CASE 5.11 D 33 GM)
Directo nt prop j s outlined in the staff report.
The a nt confirme t th a new owners of the property and would like to
have the rtunity to c ue to I the property.
Commissioner emiuk n that this project been delayed for along time and
would like to see ve fo
ACTION: Approve wit ions.
Motion: Commissioner Weremiuk, seconded by Commissioner Calerdine and
unanimously carried 5-0-2 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner e,
Commissioner W r
ABSENT: Commissioner Roberts and Chair Donenfeld
06
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1334 ZTA
APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONING TEXT AMENDMENT TO AMEND THE
PALM SPRINGS ZONING CODE (PSZC) 92.04.01 (D)(16)
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of May 7, 2014. 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 Case 5.1334 ZTA, an application by the City of Palm
Springs, to amend the Palm Springs Zoning Code (PSZC) 92.04.01 (D)(16) to allow restaurants
with a Conditional Use Permit in hotels with a minimum of 20 rooms instead of 30 rooms.
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 designations provisions.
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 M. Margo Wheeler, Director of Planning Services, at
(760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
07
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
r•uo•
i
Date: May 7, 2014
Subject: Case 5.1334 ZTA
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, 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 April 26, 2014.
1 declare u er penalty of perjury that the foregoing is true and correct.
Cyn is A.AWrardi, bVU
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, 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 and on April 24, 2014.
1 declare u penalty of perjury that the foregoing is true and correct.
Cynthia A. ardi, CMC
Deputy City Clerk
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, 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 April 24, 2014, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (6 notices)
I declare u er penalty of perjury that the foregoing is true and correct.
Cynthia A. rardi, CMC
Deputy City Clerk
08
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731 -
y� _
NOTICE OF PUBLIC HEARING
CITY COUNCIL
State Of California as: CITY OF PALM SPRINGS
County of Riverside CASE 6.1334 ZTA
APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONING TEXT AMENDMENT TO AMEND THE
Advertiser: PALM SPRINGS ZONING CODE(PSZC)92.D4.01 (D)(16)
NOTICE IS HEREBY GIVEN that the City Council of the City
CITY OF PALM SPRINGS/LEGALS of Palm Springs,California,will hold a public hearing at Its
PO BOX 2743 meeting of May 7,2014.The City Council meeting begins
PALM SPRINGS CA 922632 at 6:00p.m.in the Council Chamber at City Hall,32WEast
Tahquflz Canyon Way,Palm Springs. .
The purpose of the hearing is to consider Case 5.1334
ZTA,an application by the City of Palm Springs,to amend
2000433696 the Palm Springs Zoning Code(PSZC)92.04.01 (D)(16)to
allow restaurants with a Conditional Use Permit in hotels
with a minimum of 20 rooms Instead of 30 rooms.
ENVIRONMENTAL DETERMINATION: The City of Palm
I am over the age of 18 years old, a citizen of the United Springs, In Its Capacity as the Lead Agency, under
States and not a party to, or have interest in this matter. I the California. Environmental Quality Act (CEQA) has
hereby certify that the attached advertisement appeared determined that the proposed Zoning code text amendment
in said newspaper (set in type not smaller than non panel) is Categorically Exempt under Section 15305 (Minor
in each and entire issue of said newspaper and not in any ARerations in Land Use Limitations)of the Guidelines for
supplement thereof on the following dates,to wit: the California Environmental Duality Act since the proposed
Newspaper: .The Desert Sun zone text amendment proposes only Insignificant changes
to the land use designations provisions.
REVIEW OF INFORMATION: The staff report and other
4/26/2014 supporting documents regarding this matter are available
for public review at City Hall between the hours of 8:00
a.m. and 6:00 pr.M., Monday through Thursday. Please
contact the Office of the City Clerk at(760)323.8204 U
you would like to schedule an appointmentto review these
documents.
I acknowledge that I am a principal clerk of the printer of COMMENTS: Response to this notice may be made
The Desert Sun, printed and published weekly in the City verbally at the Public Hearing and/or in writing before
of Palm Springs, County of Riverside, State of California. the hearing.Written comments may be made to the Ctly,
The Desert Sun was adjudicated a newspaper of general Council by letter.(for mail or hand delivery)to:
circulation on March 24, 1988 by the Superior Court of the James Thompson,City Clerk
County of Riverside, State of California Case No. 3200 E.Tahqultz Canyon Way
191236.
Palm Springs,CA 92262
I Any challenge of the proposed project in court may be limited
declare under penalty of perjury that the foregoing is true
to raising only those Issues raised at the public hearing
and correct. Executed on this 261h day of April, 2014 in described In this,notice, or in written correspondence
Palm Sprin delivered to the City Berk at,or prior to,the public hearing.
(Government Code Section 65009[b][2D.
An opportunity will be given at said hearing for all
Interested persons to be heard.Questions regarding this
case may be directed to M. Margo Wheeler, Director of
Planning Services,at(760)323-8245.
Declarant' ignature SI necesffa ayuda con esta cans, por favor Hams a la
Ciudad de Palm Springs y puede hablar con Nadine Heger
teleforto(760)323-8245.
James Thompson,City Clerk
MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1334 ZTA
PLANNING SERVICES DEPARTMENT MRS. JOANNE BRUGGEMANS
ATTN SECRETARY!5.1334 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 CALIENTE BAND OF CAHUILLA OFFICER
INDIANS AGUA CALIENTE 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 LUISENO INDIANS LL o
00
ATTN:JOSEPH ONTIVEROS
CULTURAL RESOURCES MANAGER crooNr noernnnr
ft-' �S �,* P.O. BOX 487 74244
SAN JACINTO, CA 92581 874n100
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V
Cindy Berardi
From: Joanne Bruggemans
Sent: Thursday,April 24, 2014 7:37 AM
To: Cindy Berardi; Ken Lyon
Subject: FW: Case 5.1334 ZTA -To Amend Palm Springs Zoning Code 92.04.01 (D)(16)
Attachments: CC PHN case 5.1334 ZTA.pdf
My apologies...
J
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: ioanne.bruggemans(&Dalmsorinasca-nov
From: Joanne Bruggemans
Sent: Thursday, April 24, 2014 7:32 AM
To: Andreas Hills; Araby Commons; Araby Cove; Baristo; Canyon Corridor; Chino Canyon; Deepwell Estates; Demuth
Park; Desert Park Estates; El Mirador; El Rancho Vista Estates; Four Seasons; Historic Tennis Club; Indian Canyons; Los
Compadres; Mountain Gate; Movie Colony East; Old Las Palmas; Parkview Mobile Estates; Racquet Club Estates; Racquet
Club South; Racquet Club West; Sonora Sunrise; Sunmor; Sunrise Vista Chino; Tahquitz River Estates; The Mesa; The
Movie Colony; Twin Palms; Vista Las Palmas; Vista Norte; Warm Sands
Subject: Case 5.1334 ZTA -To Amend Palm Springs Zoning Code 92.04.01 (D)(16)
Morning—
Please find the attached Public Hearing Notice of the City Council for May 7, 2014 of the proposed Citywide Zone Text
Amendment.
Thank you,
J&44, .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: ioanne.bruggemans(dpalmsoringsca-gov
09
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