HomeMy WebLinkAbout1/15/2014 - STAFF REPORTS - 1.E. iy
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FOR CITY COUNCIL STAFF REPORT
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DATE: JANUARY 15, 2014 PUBLIC HEARING
SUBJECT: CITY OF PALM SPRINGS AMENDMENT TO THE PALM SPRINGS
ZONING CODE (PSZC) TO ADD DEFINITIONS AND TO AMEND ALL
COMMERCIAL ZONING CLASSIFICATIONS REGARDING CHURCHES
AND ALL OTHER PLACES OF ASSEMBLY AS REQUIRING
CONDITIONAL USE PERMITS IN THE CBD ZONE AND ALLOW
INITIATION OF AMENDMENTS BY STAFF.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The proposed text amendment allows for churches to be located in additional
appropriate zones and to be allowed by-right in additional zones. Also, an allowance for
staff-initiated amendments is proposed.
RECOMMENDATION:
1. Open the public hearing and receive testimony.
2. Waive the reading of the ordinance text in its entirety and read by title only.
3. Introduce on first reading Ordinance No. , "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 MUNICIPAL 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
ITEM NO. I
City Council Staff Report
January 15, 2014 -- Page 2
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
USE PERMIT FOR ALL ASSEMBLY USES IN THE CBD ZONE, AND
AUTHORIZING INITIATION OF ZONING CODE AMENDMENT BY THE
DIRECTOR OF PLANNING SERVICES.
PREVIOUS ACTIONS:
The City Council voted to initiate the church zone text amendment on October 2,
2013. The Planning Commission voted to initiate the initiation amendment on
September 25, 2013. The Planning Commission voted to recommend approval of the
subject Zone Text Amendment with studios, libraries, convention centers, movie
theaters, museums, health clubs and religious institutions all requiring Conditional Use
Permits in the CBD and other zone changes on December 11, 2013.
STAFF ANALYSIS:
The code currently allows many places of assembly in our various zoning categories.
The land use distinction regarding churches is that they are places of assembly.
Churches are currently allowed with CUP in R1, RGA, R2, R3, R4, CSC, C1, HC and
M1P zones. They are also allowed by right in the C2, CM, M1, M2 and A zones.
TABLE 1
CHURCHES
Zone Current Original PC Action / Staff
Code Request Recommendation
P Not Allowed
LUP LUP
CBD Not Allowed
Not Allowed CUP
CDN Not Allowed
By-Right LUP
CSC CUP By-Right By-Right
C1 CUP By-Right By-Right
C1AA Not Allowed
By-Right LUP
C2 By-Right
HC CUP By-Right By-Right
02
City Council Staff Report
January 15, 2014-- Page 3
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
CM By-Right
M1P CUP By-Right By-Right
M1 By-Right
M2 By-Right
A By-Right
P = Professional
CBD = Central Business District
CDN = Designated Neighborhood Shopping Zone
CSC = Community Shopping Center Zone
C-1 = Retail Business Zone
C-1AA= Large Scale Retail Commercial Zone
C-2 = General Commercial
HC = Highway Commercial
CM = Commercial Manufacturing Zone
M-1-P = Planned Research and Development Zone
M-2 = Manufacturing Zone
A = Airport Zone
CUP = Permitted With a Conditional Use Permit
LUP = Permitted With a Land Use Permit
The Planning Commission was asked by the City Council to consider if zones where
churches and other places of assembly are requested to be or are allowed by right,
whether all of these uses might better be required to go through an LUP or CUP
process. The issue of consistency of review among similar uses is important.
At the December 11, 2013 meeting the Planning Commission voted to recommend that
religious institutions and other places of assembly - studios, libraries, museums,
theaters and health clubs - be allowed in the CBD with a CUP.
As a reminder, CUP's require a public hearing and the following summarized findings:
• that the use is in harmony with the various elements of the General Plan and is not
detrimental to existing uses or future permitted uses in the zone;
• that the site is adequate in size to accommodate all necessary requirements;
• that conditions to be imposed protect the public health, safety and welfare.
• Conditions may include regulations of use, such as hours of operation and limitation
of activities, etc.
Land Use Permits are not public hearings, but are similar in that the purpose is to
provide a means to review the impact of proposed land uses and impose necessary
03
City Council Staff Report
January 15, 2014 -- Page 4
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
conditions to insure compatibility with adjacent properties and the neighborhood. An
LUP is less costly and does not require any notification. The director may determine that
Planning Commission review is necessary and place the matter on the Planning
Commission agenda. Director's decisions may be appealed to the Planning
Commission, as Planning Commission decisions may be appealed to the City Council.
There are no specific findings necessary to be made for approval of LUP's except for
the general compatibility provision.
Staff has prepared two charts showing existing uses and allowances. One chart has
uses allowed by various zoning and the other lists each zone with its allowed uses.
TABLE 2
EXISTING ZONE TYPES OF BUSINESS
Land Use Conditional
ZONE BY-RIGHT Permit (LUP) Use Permit
CUP
Studios, Libraries, Child Care Health Clubs,
Museums Restaurants
Beer Garden,
Discotheques,
Studios, Libraries, Art School, Nightclubs,
Convention Center, Video
Child Care,
CBD Movie Theaters, Restaurants, Arcades,
Museums, Health Festivals Meeting Halls,
Clubs Private Clubs,
Commercial
Recreation
Child Care, Video
CDN Health Clubs Festivals Arcades,
Nightclubs
Child Care,
Festivals,
Health Clubs, Business
CSC Bowling Alleys, Schools, CHURCHES*
Theaters Recreation
Centers, Video
Arcades,
Nightclubs
04
City Council Staff Report
January 15, 2014-- Page 5
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
CHURCHES,
Studios, Art Schools, Cocktail
Health Clubs, Lounges,
Child Care,
C1 Libraries, Museums, Festivals, Convention
Private Clubs, Restaurants Centers,
Restaurants, Meeting Halls,
Theaters Video
Arcades
Child Care, Cocktail
C1AA Studios, Health Festivals, Lounges,
Clubs, Theaters Restaurants Video
Arcades
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
C2 Restaurants, Child Care, All C1 CUP's
Theaters, Festivals
CHURCHES,
Meeting Halls,
Convention Center,
Business Schools
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
HC Restaurants, All C1 CUP's
Theaters,
CHURCHES,
Meeting Halls,
Convention Center,
Business Schools
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
Restaurants, Meeting Halls, Cocktail
CM Theaters, Child Care Lounges
CHURCHES,
Meeting Halls,
Convention Center,
Business Schools,
Trade Schools
Child Care,
M1P Athletic Clubs,Restaurants sRestaurants in M1 Uses
M/U
05
City Council Staff Report
January 15, 2014— Page 6
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
Restaurants,
Theaters, Nightclubs,
M1 CHURCHES, Video Arcades
Meeting Halls,
Convention Center,
Business Schools,
Trade Schools,
Athletic Clubs,
Restaurants
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
Restaurants, Child Care,
Theaters, Restaurants in
M2 CHURCHES, M/U,
Meeting Halls, Nightclubs,
Convention Center, Video Arcades
Business Schools,
Trade Schools,
Athletic Clubs,
Restaurants
Studios, Art Schools,
Health Clubs,
Libraries, Museums,
Private Clubs,
Restaurants,
Theaters,
A CHURCHES, Video Arcades
Meeting Halls,
Convention Center,
Business Schools,
Trade Schools,
Athletic Clubs,
Restaurants
Free-
Standing
Only
Key:
P Professional
CBD = Central Business District
CDN = Designated Neighborhood Shopping Zone
CSC = Community Shopping Center Zone
06
City Council Staff Report
January 15, 2014 -- Page 7
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
C-1 = Retail Business Zone
C-1AA= Large Scale Retail Commercial Zone
C-2 = General Commercial
HC = Highway Commercial
CM = Commercial Manufacturing Zone
M-1-P = Planned Research and Development Zone
M-2 = Manufacturing Zone
A = Airport Zone
CUP = Permitted With a Conditional Use Permit
LUP = Permitted With a Land Use Permit
TABLE 3
Zone Breakdown By Business
1= By Right 2=LUP 3=CUP
P CBD CDN CSC C1 C1AA C2 HC CM M1P M1 M2 A
Churches 3** 3 1 3 1 1 1 1
Studios 1 1 1 1 1 1 1 1 1 1
Restaurants 3 2 1,2 2 1 1 1 1,2* 1 1,2* 1
Art School 2 1 1 1 1 1 1 1
Athletic Clubs 1 1 1 1
Beer Garden 3
Bowling Alley 1
Business Schools 2 1 1 1 1 1 1
Childcare 2 2 2 2 2 2 2 2 2 2
Cocktail Lounges 3 3 3 3 3
Commercial 3
Recreation
Convention Center 1 3 1 1 1 1 1 1
Discotheques 3
Festivals 2 2 2 2 2 2
Health Clubs 3 1 1 1 1 1 1 1 1 1 1 1
Libraries 1 1 1 1 1 1 1 1 1
Meeting Halls 3 3 1 1 1 11 1 1 1
Movie Theaters 1 1 1 1 1 1 1 1 1 1
Museums 1 1 1 1 1 1 1 1 1
Nightclubs 3 3 2 2 2
Private Clubs 3 1 1 1 1 1 1 1
Recreation Centers 2
Trade Schools i i i i i i i i 1 1 1
Video Arcades 3 1 3 1 2 1 3 3 3 3 1 1 2 2 2
07
City Council Staff Report
January 15, 2014—Page 8
Case 5.1306 ZTA-Classification for Churches and Places of Assembly
*In mixed-use
**Free-standing only
Key:
P = Professional
CBD = Central Business District
CDN = Designated Neighborhood Shopping Zone
CSC = Community Shopping Center Zone
C-1 = Retail Business Zone
C-1AA= Large Scale Retail Commercial Zone
C-2 = General Commercial
HC = Highway Commercial
CM = Commercial Manufacturing Zone
M-1-P = Planned Research and Development Zone
M-2 = Manufacturing Zone
A = Airport Zone
CUP = Permitted With a Conditional Use Permit
LUP = Permitted With a Land Use Permit
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 5.1306 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 the proposed zone text amendment proposes
only insignificant changes to the title and provides for increased locations for
churches and allowing staff to initiate amendments.
FISCAL IMPACT:
No fiscal impact.
L:
M. argo heeler, AICP David H. Ready
Director of Planning Services City Manager
Attachments:
1. Draft Ordinance
2. Oct. 23, 2013 Planning Commission Minutes
3. December 11, 2013 Planning Commission Minutes
08
ORDINANCE NO.
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 MUNICIPAL 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 AMENDMENT 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
accordance with applicable law and on October 23, 2013 and December 11, 2013,
09
Ordinance No.
Page 2
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:
10
Ordinance No.
Page 3
Artist studios
Convention centers
Libraries
Movie theaters
Museums
Photographic studios
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.
11
Ordinance No.
Page 4
PASSED AND ADOPTED at a regular meeting of the City Council on the _ day of
2014, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Stephen P. Pougnet
Mayor
ATTEST:
James Thompson
City Clerk
12
Ordinance No.
Page 5
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
13
Planning Commission Minute s
October 23, 2013
TION: To continue to November 13, 2013 to allow the applicant to mitigate some of
the oncerns discussed at today's meeting. Motion Commissioner Roberts
seco ed by Vice-Chair Hudson and carried 6-0-1 on a roll call vote.
AYES: ommissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Co missioner Roberts, Vice-Chair Hudson, Chair Donenfeld
NOES:
ABSTAIN: Commi 'oner Weremiuk
2D. PALM SPRINGS LEG IDS LLC, FOR A CONDITIONAL USE PERMIT FOR A
COCKTAIL LOUNGE AT 12 AST TAHQUITZ CANYON WAY. (CASE 5.1305
CUP).
Principal Planner Robertson presente the proposed project.
Commissioner Weremiuk asked if staff ha ny concerns with noise spillage onto the
street.
Staff responded that noise issues are based on co taints received from concerned
citizens and no audio or video speakers are allowed o side.
Chair Donenfeld opened the public hearing:
DICK ADAMS, applicant, provided a brief description of the type cocktail lounge and
described it as a lounge of"days gone by" and was available for q tions from the
Commission.
There being no further appearances, Chair Donenfeld closed the publ hearing.
ACTION: Approve the permit with conditions. Motion Commissioner Weremiul
seconded by Commissioner Lowe and carried 7-0 on a roll call vote.
2E. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS
ZONING CODE TO ALLOW CHURCH USES IN THE P AND CIIAA ZONES AND
CHANGE ZONES AND CHURCH USES FROM CONDITIONALLY PERMITTED TO
BY-RIGHT IN THE CSC, CSC, C-1, C-2, HC, CM, M1P, M1 AND M2 ZONES; AND
TO ALLOW THE INITIATION OF CODE AMENDMENTS BY THE PLANNING
DIRECTOR (CASE 6.1306 ZTA).
Chair Donenfeld opened the public hearing:
REVEREND ANDREW GREEN, St. Paul in the Desert Episcopal Church, feels it is
important for religious institutions who wish to locate downtown to be able to do so.
14
_ j r
Planning Commission Minutes
October 23, 201:3
REVEREND WILLIAM GODWIN, Peace Christian Fellowship Church, supports the
statements by Reverend Green.
THOMAS WEILER, Inland Congregation, feels it is important to be able to locate
downtown and in the CDN and C1AA zone by right.
REVEREND KEVIN JOHNSON, Bloom in the Desert Ministries, United Church of
Christ, talked of all the work that has gone into this amendment but that it doesn't go
far enough.
DAVID SANGER, Our Savior Community Church, concurred with all comments made-.
There being no further appearances, Chair Donenfeld closed the public hearing_
ACTION: Adopt the draft resolution recommending approval to the City Council.
Motion Commissioner Roberts, seconded by Commissioner Calerdine and
carried on a 7-0 roll call vote.
3A. UTH PALM CANYON LLC, FOR A ONE-YEAR TIME EXTENSION FOR A
PREVI SLY APPROVED MIXED-USE PLANNED DEVELOPMENT CONSITING
} OF UP T 25 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE
FEET OF R IUCOMMERCIAL SPACE ON A 2.67-ACRE SITE LOCATED AT
450-490 SOUTH LM CANYON DRIVE (CASE 5.1042 PD 311).
Principal Planner Robert n provided an overview of the proposed time extension.
ROBERT HERSCU, managing rtner, provided details on the plans for development
on this site. He stated that they are oving forward and trying not to redesign the
project.
Commissioner Klatchko noted his abstention this project due to a possible conflict
of interest. He had a prior working relationship wi the applicant.
ACTION: Approve one-year time extension. Motion Co issioner Calerdine,
seconded by Commissioner Weremiuk and carried 6-0- n a roll call vote, with
Commissioner Klatchko abstaining.
3B. WESSMAN DEVELOPMENT FOR A ONE-YEAR TIME EXTEN N FOR A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT CO TING
OF A 79 LOT SUBDIVISION ON 42.2-ACRES LOCATED ALONG WEST RAC ET
CLUB ROAD AND VISTA GRANDE AVENUE. (CASE 5.0996 PD 294).
Principal Planner Robertson presented the time extension request.
15
8
Planning Commission Minutes
December 11, 2013
sansu a concern
him in the past and asked staff to comment on the elimination of minimum nsity
requirements for residential land use. Ms. Criste responded that she is no iliar with
the general plan amendment, however, it is typical for most cities establish very
board ranges for all of their residential land uses.
ACTION: Adopt the negative declaration is
and t aft cities
draft resolution and
recommend approval to the City Council. Motion mis ' Klatchko, seconded by
Commissioner Weremiuk and unanimously c ed on a call v te.
AYES: Commissioner Calerdin C<4 ;
lat Commissioner Lowe,
Commissioner Roberts, Com loner WChair on, Chair Donenfeld
Commissioner Rob asked if the affors being sate through PDD's.
Director Wheel esponded that the PD for develop ndards.
Com ' sioner Weremiuk commented housing costs ore money to
_b 11 and the real problem the I-
2E. CITY OF PALM SPRINGS P P O AM THE PALM SPRINGS
ZONING CODE (PS Z ADD DEF TI END ALL COMMERCIAL
ZONING CLASSIFI REGARD CHUR AND ALL OTHER PLACES
OF ASSEMBLY REQU G COND ONAL U PERMITS OR ALLOWED BY-
RIGHT AND TH INITIATIO OF CODE AMENDMENTS BY THE
PLANNING DIREC CA .1306 ZTA )
Direct o vide kgrou ation as outlined in the staff report dated
Dec er 11, 20 he r ed that the Planning Commission has been asked by
t Council to co er if here churches and other places of assembly are
requ to be allowe -right hether all of these uses might better be required to
go thro n LUP or C roc e s.
Chair Donen ened public hearing portion of the meeting:
JUDY DEERTRA pressed concern with the land use permit process and would
like to see a level review that discusses any commercial project as it relates to its
surroundings and neighborhood compatibility.
REV. KEVIN JOHNSON, said the staff report is moving in the right direction, however, it
still puts limits on religious uses and does not put them on similar uses such as theater
and fraternal clubs. He commented that if religious institutions by-right is not allowed in
the downtown area, a CUP or a LUP would acceptable.
7 1 P a g e
16
Planning Commission Minutes
December 11, 2013
REV. WILLIAM GODWIN, read an article regarding that religious institutions can be a
part of the downtown area; it's important to give tourists a place to worship to make it a
better community.
REV. HANK BATES, commented that churches are all very different and churches are
protected by the State and can be anywhere by-right.
There being no further appearances the public hearing wa d.
Commissioner Roberts discussed using a LUP versu ; noting that it seems like
all places of assembly (not only phurches) ha an ct on the surrounding
neighborhood. The CUP is a good filter to gi by re is the opportunity to
come and tell the Commission why they like t se not.
Chair Donenfeld concurred with Commis oberts t has a con h religious
institutions in the CBD and is not certain if it de andated t ow religious
institutions in the CBD zone.
Commissioner Calerdine commen he is unco able moving these types of
uses and feels that requiring CUP's es would a democratic process
for all.
Director Wheeler i hat if th missio It comfortable with religious
institutions in the D with then the her asse ly uses permitted by-right could
also be require ith C
ACTION: the a luti recommending approval of the subject
Zone ent Stu i ries, convention centers, movie theaters,
mus s, health and ous institutions all requiring Conditional Use Permits in
t and other zo hang resented to the City Council.
Motion. mission remi , seconded by Vice Chair Hudson and carried 6-1-0
on a roll c e.
AYES: Com 0 Klatchko, Commissioner Lowe, Commissioner Roberts,
Commissioner We Vice Chair Hudson, Chair Donenfeld
NOES: Commissio r Calerdine
F AM' OF PAEM SPRINGS PROPOSAL TO AMEND IHE PALM SFKINGS-
ZONING COD 1.00 OUTDOOR LIGHTING STANDARDS,ww
TO
ALLOW NEWER TECHNOLOGY FIXTUR LED (LIGHT-
EMITTING DIODE) LIGHTING, AND CONSID
ZTA). (DN)
8lPage 17
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: January 15, 2014
Subject: Case 5.1306 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 December 25, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. erardi, CMC
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 December 23, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Kerardi, 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 December 23, 2013, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (6 notices)
I declare under penalty of perjury that the foregoing is true and correct.
Cynthia erardi, CMC
Deputy City Clerk
\r6
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
i
State Of California as:
County of Riverside
NOTICE OF PUBLIC HEARING
Advertiser: CITY COUNCIL
CITY OF PALM SPRINGS
CITY OF PALM SPRINGS/LEGALS CASE 5.1306 ZTA
PO BOX 2743 APPLICATION BY THE CITY OF PALM SPRINGS
PALM SPRINGS CA 922632 FOR A ZONE TEXT AMENDMENT FOR
CHURCH USES
AND INITIATION OF AMENDMENTS
NOTICE IS HEREBY GIVEN hat the City Council of the
2000401083 City of Palen Springs,California,will hold a public hearing
at its meeting of January 16, 2014. The City Council
meeting begins at 6:00 p.m. in the Council Chamber at
City Hall,3200 East Tahqultz Canyon Way,Palm Springs.
The purpose of the hearing is to consider Case 5.1306,
1 am over the age of 18 years old, a citizen of the United ZTA,an application by the City of Palm Springs,to amend
States and not a party to, or have interest in this matter. I the Palm Springs Zoning Code(PSZC)to add definitions
hereby certify that the attached advertisement appeared and to amend all commercial zoning classifications
in said newspaper (set in type not smaller than non panel) regarding churches and all other places of assembly as
in each and entire issue of said newspaper and not in any requiring conditional use permits or allowed by-right and
supplement thereof on the following dales,to wit: to allowthe initistionof zoning code amendments by staff.
ENVIRONMENTAL DETERMINATION: The City of
Newspaper: .The Desert Sun Palm Springs, in its capacity as the Lead Agency,
under the California Environmental Quality Act (CEQA)
has determined that ilia proposed zoning code text
12/25/2013 amendment is Categorically Exempt under Section
15305 of the State CEQA Guidelines. The proposed
amendments would provide for a minor alteration of the
land use limitations In the.City's land use regulations,but
would not increase land use densities or Intensities.
REVIEW OF INFORMATION:The staff report and other
I acknowledge that am a principal clerk of the printer of supporting documents regarding this matter are available
for public review at City Hall between the hours of 8:00
The Desert Sun, printed and published weekly in the City a.m. and 6:00 p.m., Monday through Thursday. Please
of Palm Springs, County of Riverside, State of California. contact the Office of the City Clerk at (760) 323-SM
The Desert Sun was adjudicated a newspaper of general if you would like to schedule an appointment to review
circulation on March 24, 1988 by the Superior Court of the these documents. -
County of Riverside, State of California Case No.
191236. COMMENTS: Response to this notice may be made
verbally at the Public Hearing arid/or in writing before the
hearing.Written comments may be made to the Planning
I declare under penalty of perjury that the foregoing is true Commission by letter(for mail or hand delivery)to:
and correct. Erwt4aq on this 25th day of December, 2013 James Thompson,City Clerk
3200 E.Tahquitz Canyon Way
in Palm S ings,Califo ia. 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 65000112D. -
larant's Signet
An opportunity will be given at said hearing for all
I� 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 rmcesfta ayuda con seta carts, por favor flame a Is
Ciudad de Palm Springs y puede hablar con.Nadine
Fleger telefono(760)323-8245
James Thompson,City Clerk
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1306 ZTA
APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONE TEXT AMENDMENT FOR CHURCH USES
AND INITIATION OF AMENDMENTS
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of January 15, 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 5.1306 ZTA, an application by the City of Palm
Springs, to amend the Palm Springs Zoning Code (PSZC) to add definitions and to amend all
commercial zoning classifications regarding churches and all other places of assembly as
requiring conditional use permits or allowed by-right and to allow the initiation of zoning code
amendments by staff.
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 of the
State CEQA Guidelines. The proposed amendments would provide for a minor alteration of the
land use limitations in the City's land use regulations, but would not increase land use densities
or intensities.
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][21).
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 Fiegertelefono (760) 323-8245.
James Thompson, City Jerk
�Q
MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
g 0 P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1306 ZTA
�5t: PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
ATTN SECRETARY!5.1306 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
P� ? EAE:fENTL B D F'cAi4l3fGls4,-" 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 LUISEAO INDIANS �i o
ATTN: JOSEPH ONTIVEROS ATTN' olrunon r inln no ononl or_ni
# `FQ CULTURAL RESOURCES MANAGER iQ4 4T-4 eTREET n W
*r _ P.O. BOX 487
ISIM
SAN JAC INTO, CA 92581 97107 '
1 V
First Baptist Church Our Lady of Solitude Church Church of St Paul-In Desert
588 Rosa Parks Rd 151 W Alejo Rd 125 W El Alameda
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
Family of Love Church St Theresa Catholic Church United Methadist Phur-sh
1901 Montalvo Way 2800 E Ramon Road ' «E=lejoRd
Palm Springs, CA 92262 Palm Springs, CA 92264 Rahn Spring CA W-262
First Sabi em Baptis! Chefeli Our Savior's Lutheran Church Hope Community Sda Church
" " n Vist., cw:fte 1020 E Ramon Rd 1243 N Gene Autry Trl, #111
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262
Seventh-Day Adventist Church Catholic Church St. Theresa Jehovah's Witnesses
620 S Sunrise Way 2900 E Ramon Road 2100 E Vista Chino
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92262
Desert Cities Community Church Living Water Church of the Desert St Michael & Gabriel Romanian
333 N Palm Canyon Dr 5000 E Calle San Raphael, #C5 590 S Vella Rd
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
The Father's House Bloom in the Desert Ministries Palm Springs Baptist Church
1281 N Gene Autry Trail, Ste D 3601 E Mesquite Ave 1696 S E Cielo Rd
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
Ajalon Baptist Church r ily of the Valle., Worship GepA _ Desert Chapel
433 W Tramview Rd 332 "'� „ Alelia Rd 630 S Sunrise Way
Palm Springs, CA 92262 n i c :„ . —2262 Palm Springs, CA 92264
Christian Science Reading Room Hosanna City Church Peace & Praise Fellowship
235 S Palm Canyon Dr 5005 E Calle San Raphael Rd 1283 E Del Mar Way
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262
Bloom in the Desert Ministries First Church of Christ Science Desert
400 S El Cielo Rd, Ste G 605 S Riverside Dr A^M 1 E na4m G.,.,yem r,.
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 02264
Rebirth Temple of Faith Our Lady of Guadalupe Greater New Bethel Chr-God
1243 N Gene Autry Trl, Ste 115 204 S Calle El Segundo 303 W Tramview Rd
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
Palm Springs Presbyterian Pentecostals of the Desert Nueva Vida Iglesia Bautista
815 S Camino Real 757 S Williams Rd 614 Desert Way
Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264
Innerfaith Ministries Worldwide The Spirit of God Church of Christ Scientist
2300 E Barista Rd 1655 E Palm Canyon Dr, #606 214 N Safari St
Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92264
Wayside Harvesters Incorporated Center for Spiritual Living Dharmachakra Buddhist Center
260 W Camino Alturas Palm Springs 1445 N. Sunrise Way, #104
2100 E Racquet Club Rd
Palm Springs, CA 92264 Palm Springs, CA 92262
Palm Springs, CA 92262
Lily of the Valley Worship Center
RETURNED MAIL P.O. Box 2363
Palm Springs, CA 92263
Chabad Palm Springs Temple Isaiah
ADDITIONAL ADDRESSES 425 Avenida Ortega 332 W. Alejo
Palm Springs, CA 92264 Palm Springs, CA 92262
Seventh Day Adventist Church Lily of the Valley Worship Center Desert Oasis Chapel
1243 N. Gene Autry Trail, 888 Research Drive 690 S. Vella Road
Ste. III Palm Springs, CA 92264 Palm Springs, CA 92264
Palm Springs, CA 92262