HomeMy WebLinkAbout2/5/2014 - STAFF REPORTS - 2.E. 00MI
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DATE: February 5, 2014 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1840
AMENDMENT TO THE PALM SPRINGS ZONING CODE TO ESTABLISH
AN EXEMPTION FOR CLASS 1 HISTORIC STRUCTURES FROM
PARKING REQUIREMENTS FOR NEW USES
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1840.
RECOMMENDATION:
Waive the reading of the full text of the ordinance and adopt 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."
STAFF ANALYSIS:
On January 15, 2014, Ordinance No. 1840 was introduced for first reading, as noted
below:
ACTION: Waive the reading of text in its entirety and read by title only and introduce on
first reading 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;" amending
Subsection 3.B. of Section 1 of the Ordinance to provide "equal to" to more restrictive.
Motion Mayor Pro Tern Hutcheson, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
Item No. 2 . E .
ADOPTION OF ORDINANCE NO. 1840
February 5, 2014
Page 2 of 2
AYES: Councilmembers Foat, Lewin, Mills, Mayor Pro Tern Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
res Thompson David H. Ready, Es
ity Clerk City Manager
/kdh
Attachment: Ordinance No. 1840
02
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 MUNICIPAL 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 f 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.
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
03
Ordinance No. 1840
Page 2
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.
ADOPTED THIS 5T" DAY OF FEBRUARY, 2014.
ATTEST:
STEPHEN P. POUGNET, MAYOR
JAMES THOMPSON, CITY CLERK
04
The Desert Sun Certificate of Publication
750 N Gene Autry Trail _
Palm Springs,CA 92262 - -
760-778-4578/Fax 760-778-4731 -
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State Of California ss: ;
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000405516
1 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 panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
2/15/2014 .—_
No 0253
ORDINANC19 NO.1040
AN ORDINANCE OF THE CITY OF PALM
SPRINGS CALIFORNIA AMENDING PARA-
GRAPH OF SUBSE&IION 8 OF SECTION
93.06.00 OF THE PALM SPRINGS MUNICIPAL
CODE ESTABLISHING AN EXEMPTION FOR
PARRKINGCLASS 7 REOUIRREEdENTS FOR NEW USES
I acknowledge that I am a principal clerk of the printer of UNDER THE ZONING CODE.Cam.
The Desert Sun, printed and published weekly in the City The currant Coda Ptleelha t new uses in exip-
of Palm Springs, County of Riverside, State of California. Ing stnawres moat ba padptl in compliarroa weh
The Desert Sun was adjudicated a newspaper of general This Ina 9Prm�ewrlaw I o no
circulation on March 24, 1988 by the Superior Court of the stmduea hum the requlremem to provide addF
Countyof Riverside, Stale of California Case No. oo"� '9 pr Pay in-lieu lase for any new sae.
alto wed by a Zonlrg Coda fo th zone n vq o¢
191236, the sees 1 hiatodc sbwtWe M IOcated.
CERTIFICATION
I declare under penalty of perjury that the foregoing is true I JAMES THOMPSON,CIry Glad of the City of
Fm ringa Califom here
and correct. F�cecUt this tSth day Of February, 2014 din al SP to,do by car*that Or-
ance No.IiWO is a fur,true and coned cop
end was introduced at a regular me60rr�qpt of the
in Palm Sprin alifo-ia. PaI Stlporpinga City Council on January 15,2014,
Council held on Feb regular maeffng of the Gry
/ vote: nauy 5,2014,by the folk Mg
AYES: COUmilm inbsm Foot, Lewin, MIN,
Meyer,Pm Tom Hutcheson,and Mayor Paugnet
NOES: No
ABSENT: None
ABSTAIN: Now
clam 's Signature JAM�a PSON,CITY CLERK
Palm Spdnga,California
/ Publahad:2115n4 -
v
CITY OF PALM SPRINGS
NOTIFICATION
< :
City Council
Meeting Date: February 5, 2014
Subject: Ordinance No. 1840
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
February 15, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
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 February 12, 2014.
1 tdeclare under penalty of perjury that the foregoing is true and correct.
\�
Kathie Hart, CMC
Chief Deputy City Clerk
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 MUNICIPAL 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.
CERTIFICATION
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: Councilmembers Foat, Lewin, Mills, Mayor, Pro Tern Hutcheson, and
Mayor Pougnet
NOES: None
ABSENT: None
ABSTAIN: None
AlES THOMPSON, CITY CLERK
ty of Palm Springs, California
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 MUNICIPAL 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.
D. The Ordinance is consistent with the intent of the Zoning Code, because,
Ordinance No. 1840
Page 2
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.
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. 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:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California