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Home My WebLink About1841 ORDINANCE NO. 1841 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION B OF SECTION 91.00.10, SUBSECTION C OF SECTION 92.08.01, SUBSECTIONS A AND D OF SECTION 92.09.01, SUBSECTION C OF SECTION 92.10.01, SUBSECTION A OF SECTION 92.11.01, SUBSECTION A OF SECTION 92.12.01, SUBSECTION A OF SECTION 92.14.01, SUBSECTION A OF SECTION 92.15.01, PARAGRAPH 1 OF SUBSECTION C OF SECTION 92.13.01, AND PARAGRAPH 1 OF SUBSECTION A OF SECTION 94.01.01, OF THE PALM SPRINGS ZONING CODE, ADOPTING A DEFINITION FOR "RELIGIOUS INSTITUTIONS" AND ESTABLISHING RELIGIOUS INSTITUTIONS AS A USE PERMITTED AS A MATTER OF RIGHT, CONDITIONAL USE PERMIT, OR LAND USE PERMIT IN SPECIFIED ZONES, REQUIRING A CONDITIONAL USE PERMIT FOR ALL ASSEMBLY USES IN THE CBD ZONE, AND AUTHORIZING INITIATION OF ZONING CODE AMENDMENTS BY THE DIRECTOR OF PLANNING SERVICES. City Attorney Summary The current provisions of the City's Zoning Code allow churches in certain zones and do not allow churches in the CBD zone. This Ordinance eliminates the current definition of "churches"and adds a new definition of "religious institutions," expressly allows religious institutions in specified zones either as a matter of right or subject to a land use permit,- and allows religious institutions in the CBD zone subject to a conditional use permit. This Ordinance also provides that new assembly uses that were permitted in the CBD zone as a matter of right will now be permitted subject to a conditional use permit. This Ordinance also authorizes the Director of Planning Services to initiate amendments to the text of the City's Zoning Code. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. The adoption of this Ordinance is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Council has determined the adoption of this Ordinance 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 only provides insignificant changes to the title and provides for increased locations for religious institutions, including churches, and allows staff to initiate amendments to the City's Zoning Code. B. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1306 ZTA (Zone Text Amendment) was given in Ordinance No. 1841 Page 2 accordance with applicable law and on October 23, 2013 and December 11, 2013, public hearings of the Planning Commission were held to review this Ordinance, and the Planning Commission reviewed and considered all of the evidence presented in connection with the hearings on the Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented, and recommended approval thereof. C. A public hearing of the City Council of the City of Palm Springs, California for Case 5.1306 ZTA was given in accordance with applicable law and on January 15, 2014, a public hearing of the City Council was held to review this Ordinance, and the City Council reviewed and considered all of the evidence presented in connection with the hearing on the Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented. D. The Ordinance is consistent with the intent of the Zoning Code, because, according to Section 91.00.00 of the Palm Springs Municipal Code, 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 ..."; and the Ordinance modifies the existing zoning land use categories to allow for expanded opportunities for religious institutions to locate in the City and provides an additional method to initiate amendments. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Subsection B of Section 91.00.10 of the Palm Springs Municipal Code is amended by deleting the word "Church" as a defined word or term and adding the following definition: "Religious institution" means any facility operated by religious organizations for worship or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools. 'Religious institution also includes any ancillary uses on the same site, such as living quarters for ministers and staff, and child day care facilities accessory to the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other potentially related operations (for example, a recreational camp) are classified according to their respective activities. SECTION 2. Subsection C of Section 92.08.01 of Palm Springs Municipal Code is amended by adding "Religious institutions" as a use permitted by land use permit in the P Zone. SECTION 3. The following uses are (1) deleted from Subsection A of Section 92.09.01 of the Palm Springs Municipal Code as uses permitted in the CBD Zone and (2) added to Subsection D of Section 92.09.01 of the Palm Springs Municipal Code as uses permitted by conditional use permit in the CBD Zone: Ordinance No. 1841 Page 3 Convention centers Libraries Movie theaters Museums Photographic studios Religious Institutions Slenderizing salon, health clubs, athletic clubs Theaters, legitimate stage SECTION 4. Subsection C of Section 92.10.01 of the Palm Springs Municipal Code is amended by adding "Religious institutions" as a use permitted by land use permit in the CDN Zone. SECTION 5. Subsection A of Section 92.11.01 of the Palm Springs Municipal Code is amended by adding 'Religious institutions" as a use permitted in the CSC Zone. SECTION 6. Subsection A of Section 92.12.01 of the Palm Springs Municipal Code is amended by adding 'Religious institutions" as a use permitted in the C-1 Zone. SECTION 7. Paragraph 1 of Subsection C of Section 92.13.01 of the Palm Springs Municipal Code is amended by adding 'Religious institutions" as an indoor use permitted by land use permit in the C1AA Zone. SECTION 8. Subsection A of Section 92.14.01 of the Palm Springs Municipal Code is amended by adding "Religious institutions" as a use permitted in the C2 Zone. SECTION 9. Subsection A of Section 92.15.01 of the Palm Springs Municipal Code is amended by adding 'Religious institutions" as a use permitted in the CM Zone. SECTION 10. Subsection A of Section 92.16.01 of the Palm Springs Municipal Code is amended by adding "Religious institutions" as a use permitted in the M-1-P Zone. SECTION 11. Paragraph 1 of Subsection A of Section 94.07.01 of the Palm Springs Municipal Code is amended by adding subparagraph c to read: C. The Director of Planning Services may initiate proceedings by written action, submitted to the Planning Commission for public hearing pursuant to the provisions of this Subsection. SECTION 12. 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. Ordinance No. 1841 Page 4 PASSED, APPROVED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL ON THE 5T" DAY OF FEBRUARY, 2014. STEP N P. POUGNET, MAYOR ATTEST: MES 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. 1841 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on January 15, 2014, and adopted at a regular meeting of the City Council held on February 5, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. GMES THOMPSON, CITY CLERK City of Palm Springs, Californiaenoh (/Z" 1