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HomeMy WebLinkAbout1829 ORDINANCE NO. 1829 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTIONS 8.05, 14.20, 93.23, AND 94.02 - 94.08 AND ADDING SECTION 94.09 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO PUBLIC HEARING NOTIFICATION AND NOTICING SIGNAGE (CASE 5.1302 ZTA). City Attorney's Summary This Ordinance amends sections 8.05 and 14.20 of the Palm Springs Municipal Code, amends sections 93.02 and 94.02 through 94.08 of the Palm Springs Zoning Code, and adds section 94.09 to the Palm Springs Zoning Code to modify the existing procedure for public hearing notification and to require noticing signage. The City Council of the City of Palm Springs hereby finds: A. A notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1302 ZTA (Zone Text Amendment) was given in accordance with applicable law; and B. On September 4, 2013 a public hearing of the City Council was held to review said case, and at said hearing the City Council reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY ORDAINS: SECTION 1. The City Council hereby finds that the proposed zone text amendment (Case 5.1302 ZTA) is exempt from the California Environmental Quality Act ("CEQA"). The zone text amendment calls for minor modifications in the City's public hearing noticing requirements and neighborhood meeting requirements. Therefore, it can be seen with certainty that there is no possibility that the zone text amendment will have a significant effect on the environment and the zone text amendment is exempt pursuant to CEQA's "Common Sense" Exemption. (CEQA Guidelines § 15061(b)(3).) . SECTION 2. Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text Amendment), the City Council finds as follows: The proposed zoning code amendment is consistent with the intent of the zoning code, because, according to Section 91.00.00, 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 Ordinance No. 1829 Page 2 land resources..."; and the amendment proposes to modify the existing procedure for public hearing notification by expanding the radius, requiring signage on vacant lots and neighborhood meetings for changes of general plan designation and rezoning. A. The proposed zoning code amendment is consistent with the intent of the general plan, because, the intent of the General Plan is expressed in "The Palm Springs Vision" and goals contained in the opening pages of the 2007 Palm Springs General Plan: The Palm Springs Vision - A world-renowned desert resort community where residents and visitors enjoy safe neighborhoods, an exciting social environment and a relaxing leisure experience. - We provide responsive, friendly and efficient public services within a government that fosters unit among all our citizens; Goal AD1: Maintain a contemporary General Plan that serves as a valid foundation for decision making in the future. Policy ADI.5: Provide the opportunity for adequate public review and comment for development projects that have the potential to impact the community. SECTION 3. The Palm Springs Municipal Code and Palm Springs Zoning Code are hereby amended as set forth in the attached Exhibit "A." SECTION 4. 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. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 18T" DAY OF SEPTEMBER, 2013. ATTEST: STEPKEN P. POUGNET, MAYOR ES THOMPSON, CITY CLERK Ordinance No. 1829 Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1829 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the September 4, 2013, and adopted at a regular meeting of the City Council held on September 18, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. GiKMES THOMPSON, CITY CLERK City of Palm Springs, California 1 4)1 az#o 15 EXHIBIT A Section 1. Section 8.05.140 (a) of the Palm Springs Municipal Code is amended to delete 300' and change to 500'. Section 2. Section 14.20.110 of the Palm Springs Municipal Code is amended to delete 94.02.00 B 4 and change to 94.09.00. Section 3. 94.07.00.B.6.b is amended to delete 94.07.00(B)(4) and change to 94.09.00. Section 4. 94.08.00.A.10 is amended to delete 94.07.00 and 94.07.01 and change each to 94.09.00. Section 5. 94.06.00.E.3 is to be deleted and a new section shall read "The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09". Section 6. 94.02.00.13.4. is to be deleted and a new section shall read "The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09". Section 7. 94.02.00.C.2. is amended to delete 94.02.00(B)(4) to change to 94.09.00. Section 8. 94.05.08.0 is amended to delete 94.05.06 and change to 94.09.00. Section 9. 94.03.00.E is amended to delete "of the Conditional Use Permit as set forth in 94.02.00(B)" and change to "as set forth in 94.09.00". Section 10. 94.03.00.G is amended to delete 94.02.00 and change to 94.09.00. Section 11. 93.23.15.1. is amended to delete 94.02.00.0 and change to 94.09,00. Section 12. 94.07.00.B.4 is to be deleted and a new section shall read "The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09. Section 13. 94.06.00.c is to be deleted and a new section shall read "The Planning Commission shall provide for a public hearing to be held in the manner provided for in Section 94.09." Section 14. 94.09 to be adopted to read as follows: 1 94.09.00 PUBLIC HEARING PROCEDURE. A. Hearing Date. A hearing date shall be set by the Department of Planning Services for the Planning Commission after an application has been verified as complete. B. Notice. Notice of public hearing shall contain the date, time and place of the hearing and the identity of the hearing body and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearing. C. Publication. When a provision of this title requires notice of a public hearing to be given, notice shall be published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. D. Posting. The public hearing notice shall also be posted in one public location within the city at least 10 days prior to the hearing. E. Mailing. 1. Mailing Labels. a. The applicant shall submit a list of all owners of property and lessees and sub-lessees of record as shown on the latest equalized assessment roll of the County Assessor. Addresses within 500' of the exterior boundaries of the subject property, together with a map showing the 500' radius drawn accurately with the subject property identified, that further identifies the individual parcel of each property owner shall be submitted. b. If any property on this list is owned by the United States Government in trust for the Indian tribe, a subsequent list of the names and addresses of individual Indian owners shall be obtained from the Bureau of Indian Affairs and signed by the Director of Indian Affairs or his authorized representative. 2 C. All mailing addresses of owners within a condominium complex must be included. d. All mailing addresses of lessees and sub-lessees of record must be included. e. All mailing addresses of subject property's owner, project applicant and owner's representative shall be included. f. A certified letter from a title company or other qualified source verifying the accuracy of the information must accompany the submittal. g. No application shall be accepted for filing without the required mailing list and three (3) sets of gummed and typed mailing labels in the form required by the department of planning. h. The Director of Planning or his/her designee shall check the submitted list and map against city records and shall verify the accuracy and completeness of said list as so checked. 2. Notices. Notices shall be mailed at least 10 days prior to the hearing date to all persons listed in Section 1 herein. 3. Number of owners to whom the notice would be mailed. If the number of owners to whom the notice would be mailed pursuant to this section is greater than one thousand (1,000) the city may, in lieu of mailed notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city in which the hearing is conducted at least 10 days prior to the hearing. 4. Neighborhood Organization Notification. Notification shall also be sent via electronic mail to the representatives listed on the City's Neighborhood Organizations Web Page within one-half mile of the subject site by city staff. 5. Request for Notification. Pursuant to CGC 65092 when a provision of this title requires notice of a public hearing, the notice shall also be mailed at least 10 days 3 before the hearing to any person who has filed a written request for notification with the City Clerk or the Secretary of the Planning Commission and provided stamped self-addressed envelopes or a fee as set by City Council. 6. Additional Notice. The Director of Planning Services may require additional notice of the hearing by expanding the area of notification or using other means of notification or both. 7. Failure of person to receive notice pursuant to CGC 65093. The failure of any person or entity to receive notice given pursuant to this title shall not constitute grounds for any court to invalidate the actions of the city. F. On-Site Posting. 1. Objective. The purpose of the City of Palm Springs' On-site Posting requirement is to advise neighbors, who do not receive mailed notification, about pending development applications, so that they can become informed about the project and participate in the development process, if they so choose. 2. Applicant Responsibility. The Project applicant is responsible for placing a "Project under Consideration" sign in a clearly visible location on the property within 30 days prior to the first public meeting. 3. Applicable Projects. The following projects are required to provide on-site posting: a. General Plan Amendments b. Conditional Use Permits (New Construction) C. Zoning Map Amendments d. Planned Development District Applications 4 4. Sign Posting Criteria. a. Sign Criteria. 1. Sign face shall be Y44 or 1-inch exterior grade plywood board. 2. Posts shall be 4 x 4 wood (or similar) securely sunk into the ground. 3. The signs shall be entirely white, except for sign copy described below. 4. Sign and copy sizes to be as follows: 36" H x 48" W 3" 2" 5. Sign Copy Criteria. a. The sign copy must be black Helvetica Bold letters on a white background. b. Letters that state: "Project Under Consideration" shall be two times the minor letter size. C. Minor letters shall specify: 1. Project case number and type (PDD, Rezoning, etc.) ) 2. The property address, if one has been assigned 3. The applicant's name and contact phone number 4. A description of the proposal (e.g. office, residential, etc.) 5. The lot area (number of acres or square feet) 6. The project site zoning 7. The City Planning Department phone number 8. The seal of the City of Palm Springs at least 4" in height. 6. Sign Placement Criteria. a. Free-standing signs shall have the lower edge no less than 6 feet and no more than 7 feet above grade. b. The sign must be placed no more than 5 feet from the property line or sidewalk. 7. Number of Signs. a. One notification sign is required for projects of 5 acres or less. b. Projects over 5 acres must have a sign on each street frontage. C. The Director may determine that additional signs shall be posted. 5 8. Timing. a. The required number of signs shall be posted on the property at least 30 days prior to the first public meeting of a duly appointed City Commission or Committee. b. Required signs shall remain visible and legible from 30 days prior to the first public meeting until final action is taken. The applicant is responsible for ensuring compliance with this paragraph. 9. Verification of Posting. The project applicant must submit to the city verification of on-site posting. Verification shall be provided by a photograph of the on-site sign, and a signed affidavit stating that the sign has been placed on the subject property on a date specific in conformity with these provisions. The project applicant shall be responsible to ensure the sign remains visible on-site throughout the period before the hearing and the appeal period. 10. Inadequate Notice. If it is determined that adequate notice has not been provided in accordance with this subsection, the City body, shall table or deny the application. 11. Illegal Removal of Signage. It is unlawful to intentionally or knowingly remove a notification sign that has been posted in accordance with this subsection or to conceal the sign message. 12. Additional Provisions. a. Following final action on the project, all on-site meeting notification signs shall be removed within 14 days unless authorized by the City for other legal posting, such as PM-10 dust control. b. Posting on utility poles, light poles, trees or in the public- right-of-way is prohibited. 6 Section 17. A new Section 94.02.01.D.2 shall be inserted to read: a. Notification that the application has been filed will be sent via electronic mail to the representative(s), as listed on the City's Neighborhood Organizations Web Page, within one-half mile of the subject site. b. Notification shall also be mailed to any person who has filed a written notification request with the City Clerk or Director of Planning and provided a stamped self-addressed envelope. Subsequent subsections shall be re-numbered.