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HomeMy WebLinkAbout1840 ORDINANCE NO. 1840 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PARAGRAPH 3 OF SUBSECTION B OF SECTION 93.06.00 OF THE PALM SPRINGS ZONING CODE ESTABLISHING AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM PARKING REQUIREMENTS FOR NEW USES UNDER THE ZONING CODE. City Attorney Summary The current Code provides that new uses in existing structures must be parked in compliance with certain parking provisions under the Zoning Code. This Ordinance would exempt Class 1 historic structures from the requirement to provide additional parking or pay in-lieu fees for any new use allowed by the Zoning Code for the zone in which the Class 1 historic structure is located. 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 proposes only insignificant changes to the title and provides for reoccupation of historic structures without meeting updated local parking code requirements. B. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1309 ZTA (Zone Text Amendment) was given in accordance with applicable law and on December 11, 2013 a public hearing of the Planning Commission was held to review this Ordinance, and the Planning Commission 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, and recommended approval thereof. C. A notice of public hearing of the City Council of the City of Palm Springs, California, for Case 5.1309 ZTA was given in accordance with applicable law and on January 15, 2014, a public meeting on the Ordinance 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. Ordinance No. 1840 Page 2 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 proposes to modify the existing parking requirements to allow Class 1 historic structures to be occupied with new uses exempt from the requirement of providing additional parking. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Paragraph 3 of Subsection B of Section 93.06.00 of the Palm Springs Municipal Code is amended to read: 3. Nonconforming Parking. a. Buildings or uses which have insufficient off-street parking per the requirements of this Zoning Code, shall not be expanded unless sufficient additional parking spaces can be provided in accordance with the standards of this Zoning Code. Existing parking shall be counted as meeting this requirement only if it is laid out in compliance with the standards at the time of its establishment. b. In the case where parking requirements for particular uses become equal to or more restrictive, those uses established prior to the change in parking requirements may be continued without providing additional parking, as long as there is no interruption of such use for a period greater than one hundred eighty (180) days. C. If such use is interrupted for a greater period, and the parking is nonconforming for such use, the planning commission may require reoccupation by a use which meets the intent of the current parking requirements or may grant continued nonconforming status according to Section 94.05.06. d. Where a use which is nonconforming according to the current parking standards is replaced by another type of use, such new use shall meet the intent of the current parking requirements. e. Exception. Class 1 historic structures shall be exempt from the requirement to provide additional parking or pay in-lieu fees for any new use allowed by the Zoning Code for the zone in which the Class 1 historic structure is located. 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. Ordinance No. 1840 Page 3 ADOPTED THIS 5T" DAY OF FEBRUARY, 2014. STEPHE! P. POUGNETAAAYOR 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. 1840 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. MES THOMPSON, CITY CLERK `" City of Palm Springs, California 0.�/;1/z e )4'