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Home My WebLink About1/15/2014 - STAFF REPORTS - 1.D. 2014 J : 1 15 N,9 8: 08 PALM SPRINOS Y-DERN CCMMITTEE 14 January,2014 The Honorable Steve Pougnet,Mayor of Palm Springs City of Palm Springs 3200 East Taquitz Canyon Way Palm Springs,CA 92262 Dear Mayor Pougnet, I am writing you today to heartily endorse item 4A on the council Agenda for January 15th. We at the Palm Springs Modern Committee realize that there are many important and architecturally significant buildings that were designed and constructed after 1960. In as much as a significant contributor to the city's tourist revenue is derived from architecture and design driven visitors and given that it is an important goal of ours to protect and pass on our cultural heritage via our special architecture,the Palm Springs Modem Committee recommends that you adopt this time extension to afford the same degree of protection and review to buildings done between 1960 and 1969 as those created between 1945 and 1960. Also on the agenda is item 1D, which would establish an exemption for class one historic sites with respect to parking requirements for new uses. The board of the Palm Springs Modem Committee also heartily endorses this important item. Class One Historic structures are, by their nature and age, challenged to meet today's codes. We strongly believe that relief from the parking requirement for these important buildings will help make them more attractive to developers and owners by helping to overcome some of the difficulties that these structures can present when being renovated and repurposed for todays use. Si rel Chris Menrad President Palm Springs Modem Committee P. O. Box 4738, Palm Springs, CA 92263 PSMODCOM.ORG 1 • o • anl� �t i�10rG� V� w Y tali l�Q�`� �� ppALMsp4 iy c V N s�+ roaMapao` cg4FORN% CITY COUNCIL STAFF REPORT DATE: JANUARY 15, 2014 PUBLIC HEARING SUBJECT: CITY OF PALM SPRINGS AMENDMENT THE PALM SPRINGS ZONING CODE (PSZC) TO ALLOW CLASS 1 HISTORIC STRUCTURES TO BE OCCUPIED WITH NEW USES NOT PROVIDING ADDITIONAL PARKING (SECTION 93.06). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The proposed text amendment allows for Class 1 historical structures to be re-tenanted with more intense uses than were previously established without providing additional parking. RECOMMENDATION: 1. Open the public hearing and receive testimony. 2. Waive the reading of the ordinance text in its entirety and ready by title only. 3. Introduce on first reading Ordinance No. , "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. PREVIOUS ACTIONS: The Planning Commission voted to initiate the text amendment on October 23, 2013. The Planning Commission voted to recommend approval on December 11, 2013. STAFF ANALYSIS: The Palm Springs Zoning Code (PSZC) requires that uses vacated for 180 days or more lose their non-conforming status and any new use to be established must meet all ITEM NO. �� City Council Staff Report January 15, 2014-- Page 2 Case 5.1309 Zone Text Amendment- Historic Structures zoning code requirements including parking. Historic structures, by their very age, most likely have insufficient parking for their former or existing use. Often built as retail stores or offices, these buildings would have to provide or pay fees in substantial amounts in order to bring in a restaurant or entertainment use which is now preferred in downtown locations. As an example, a 3000 square foot store in the Central Business District area (Amado and Belardo, Museum and Indian Canyon) would need to provide 8 parking spaces with a payment of $4,290.00 in-lieu fees. Without the payment the requirement would be for 10 spaces. A typical restaurant would require parking at 1 space per 4 seats. Assuming 50% back of house and 1 person per 30 square feet for seats, that is 50 parking spaces. The proposed text amendment does not allow for the elimination of existing parking or the addition of square footage to the building. It allows only for the existing building to receive new life in the form of a viable tenant. While costing no actual outlay of funds, this is a significant gain and incentive for the developer. With abandoned buildings coming back to life it is a gain for the entire downtown. FISCAL IMPACT: There would be a drop in in-lieu fees paid, offset by increased sales tax and savings in enforcement staff time. ENVIRONMENTAL DETERMINATION 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 5.1309 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 Class 1 historical structures to be re-tenanted with more intense uses than were previously established without providing additional parking. M. MargoWheeler, ACIP David H. Ready Director of Planning Services City Manager Attachments: 1. Draft Ordinance 2. Map of historic structures 3. Planning Commission Minutes of Dec. 11, 2013 02 ORDINANCE NO. _ 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 7 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 f 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, 03 Ordinance No. Page 2 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 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. 04 Ordinance No. Page 3 ADOPTED this 15th day of January, 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 05 i �--; sites of 61storicaf significance r.. 0 : _ �.`- I i �'T • 1 NiWYembe�c�lL \ • }1 3. Niv CmxEa1'9.h11e B9ozc' �/ : � 5. Omlady oledkW Cn6elkduvc] p - Calk El Segundo_...., -- ..— r It.a�ltbewum aw e.il rr m _ � . w.r r•• ••rv.••a .I � _._ m-. sl_ �r sal � : -7 tL Rm 9b6w�� -a59 Cl,11 Hqd lbwR 1 BW�IdIgy 3�k ,10 Ai — -CaO'�O� d. _ p _ w y .n 1 •6 __ IjtB--.—fa 1 Ii 1I�. . I 19 �.. ..... Belardo Rd. l _,... 1 , Savcc Bmork Sim Prxmlion BmN]BJImo-J3 Lin of Claz;:.va,..,,>Ii 131,:wiz Silo I: Nae:Bee Oe lwa EB9l Ciq of Palm 3yBagi Depezpncot ofPlaming mdZmiog Citywide Hirtoric Ruzow.c;al„Icy fw u4zlinyo[adlliziunat hislw,v,v,vuzv:auluc uuxuwxo. - j i I 0 Planning Commission Minutes December 11, 2013 ctor Wheeler provided a recap of the proposed zone text amendment. Chair Donenfe ened the public hearing and with no a noes coming forward the public hearing was d. ACTION: Adopt the attached dr n recommending approval of the subject Zone Text Amendment t ity Council. Mo i ommissioner Weremiuk, seconded by Vice Chair H and unanimously carried on a rol te. AYES Commissioner Calerdine, Commissioner K ko, Commi er Lowe, Commissioner Roberts, Commissioner Weremiuk, Vic Hudson, Chair Done 2G. CITY OF PALM SPRINGS PROPOSA MEN E PALM SPRINGS ZONING CODE (PSZC) TO ALLOW CLA S ORIC CTURES TO BE OCCUPIED WITH NEW USES NOT PR ING A DITIONAL RKING. (CASE 5.1308 ZTA). (MW) Director Wheeler presented the proposed project fined in the staff port. Chair Donenfeld opened the public portion of t eting: DAVID CHRISTIAN, commented that thi zone to mendment is brilliant and it would be very signifi many of cli toric properties. There in no f r appe ces the p lic hearin was closed. Commissioner Caler not at this may a parking problems in the long-run but would still " favor ACT : Adopt t ach aft resolution recommending approval of the subject Z AAmendme the ncil. Motion Commissioner Roberts, seconded by Com oner Lowe an anim y carried on a roll call vote. AYES: issioner alerdine, Commissioner Klatchko, Commissioner Lowe, Commission berts, missioner Weremiuk, Vice Chair Hudson, Chair Donenfeld PLANNING COMM SION REPORTS, REQUESTS AND COMMENTS: Commissioner Calerdine asked about the status of updating the Zoning Code to make it consistent with the General Plan. 91Page 07 Jay Thompson From: Margo Wheeler Sent: Thursday,January 09, 2014 11:08 AM To: Jay Thompson Subject: FW: Please amend Municipal Code 8.05 f From: Doug MacBeth [ma!Ito:dougmacbeth@yahoo.com] Sent: Thursday, January 09, 2014 10:51 AM To: Steve Pougnet; Ginny Foat; Rick Hutcheson; Chris Mills; Paul Lewin; David Ready; Margo Wheeler Subject: Please amend Municipal Code 8.05 Dear Palm Springs City Council Members: I am writing to encourage your support for the amendment of Municipal Code 8.05 to include pre-1969 buildings. As you know, the code currently applies only to pre-1945 buildings. This code is outdated as it does not protect Palm Springs' historic, architectural, cultural, and aesthetic buildings designed and built by notable architects and developers of the mid-century era from 1946 to 1969. As an owner of a unit at the Royal Hawaiian Estates (the first historic residential district in Palm Springs) and a mid-century enthusiast, I am concerned about preserving the City's architecturally and historically significant buildings. Palm Springs is best known for its homes and buildings that were constructed between 1946 and 1969. With 40,000 visitors expected to attend Modernism Week this year, these buildings play a significant role in the City's social and economic climate. Thank you for considering this important amendment to Municipal Code 8.05. Sincerely, Doug MacBeth oe CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION Date: January 15, 2014 Subject: Case 5.1309 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 unde penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Deputy City Clerk AFFIDAVIT OF POSTING 1, 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. 21;1 /t�--> Cynthia A. Berardi, 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 A. Kerardi, CMC Deputy City Clerk t7�1 \ The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-45781 Fax 760-778-4731 State Of California ss: County of Riverside NOTICE OF PUBLIC HEARING CITY COUNCIL Advertiser: CITY OF PALM SPRINGS CASE 5.1 309 ZTA AND 5.1311 ZTA CITY OF PALM SPRINGS/LEGALS APPLICATIONS BY THE CITY OF PALM SPRINGS FOR ZONE TEXT AMENDMENTS TO AMEND ZONING. PO BOX 2743 CODE CHAPTER 93.06 TO ALLOW VACANT CLASS PALM SPRINGS CA 922632 1 HISTORIC SITES TO RE-TENANT WITH MORE INTENSE USES WITHOUT PROVIDING ADDITIONAL PARKING AND TO AMEND THE MUNICIPAL CODE, SECTION 8.05.125 TO CHANGE THE BUILD DATE OF STRUCTURES ELIGIBLE FOR UP TO A SIX-MONTH 2000401084 STAY OF DEMOLITION FROM PRE-1945 TO PRE-1969 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 e of 18 ears old, a citizen of the United City Hall,3200 East Tahquitz Canyon Way,Palm Springs. I am over the age Y The purpose of the hearing Is to consider Case 5.1309 ZTA, States and not a party to, or have interest in this matter. I an application by the City of Palm Springs,to amend the hereby certify that the attached advertisement appeared Palm Springs Zoning Code(PSZC)Chapter 93.08 to allow in said newspaper (set in type not smaller than non panel) vacant Class 1.historic sites to re-tenant With more Intense in each and entire issue of said newspaper and not in any uses without providing additional parking and to amend supplement thereof on the following dates,to wit: the Palm Springs Municipal Code, Section 8.05,126 to change the build date of structures eligible for up to a six- Newspaper: .The Desert Sun month stay of demolition from pre-1945 to pre-1969. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, In its capacity as the Lead Agency, 12/25/2013 under the California Environments! Quality Act (CEQA) has determined that the proposed zoning code text amendments are Categorically Exempt under Section 15305 of the State CEQA Guidelines. The proposed amendments would provide fora minor aReration 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 reports and - I acknowledge that I am a principal clerk of the printer of other supporting documents regarding these matters are The Desert Sun, printed and published weekly in the City available for public review at City Hall between the hours of Palm Springs, County of Riverside, State of California. of 8:00 a.m. and 6:00 p.m.,Monday through Thursday. The Desert Sun was adjudicated a newspaper of general Please contact the Office of the City Clerk at (760)323- circulation on March 24, 1988 by the Superior Court of the 8204 if you would like to schedule an appointment to County of Riverside, State of California Case No. review these documents. 191236. 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 I declare under penalty of perjury that the foregoing is true Council by letter(for mall or hand delivery)for and correct. Executed on this 25th day of December, 2013 James Thompson,City Clerk 3200 E.Tahqultz Canyon Way in Palm Springs, ifomis. - Palm Springs,CA 92262 Any challenge of the proposed projects in court may be Hmfted 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 65009M [2D- Declara ( An opportunity will be given at said hearing for all •1� A interested persons to be heard.Questions regarding this case may be directed.to M. Margo Wheeler, Director of 1 1 Planning Services,at(760)323-8246. C� SI neossita ayuda con seta carts, por favor (lame a Is Ciudad de Palen Springs y puede hablar con Nadine Finger telefono(760)323-8245. .. James Thompson,Cky Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1309 ZTA APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND ZONING CODE CHAPTER 93.06 TO ALLOW VACANT CLASS 1 HISTORIC SITES TO RE-TENANT WITH MORE INTENSE USES WITHOUT PROVIDING ADDITIONAL PARKING 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 5.1309 ZTA, an application by the City of Palm Springs, to amend the Palm Springs Zoning Code (PSZC) Chapter 93.06 to allow vacant Class 1 historic sites to re-tenant with more intense uses without providing additional parking. 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 amendment 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][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. James Thompson, City Clerk -- mo - m PALM SPRINGS OI MR PETE t DERN COMMITTEE P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CASE 5.1309 CITY OF PALM SPRINGS ZTA PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ATTN SECRETARY l 5.1309 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 F ...s. 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 lip ATTN:JOSEPH ONTIVEROS 'r ATTN- RICH CID r 04AID9 onon ones CULTURAL RESOURCES MANAGER 7-424 A' CTocv�r nnnrnnN P.O. BOX 487 SAN JACINTO, CA 92581 Lnc oenirunc nc ei oUni icons is n u A7407