HomeMy WebLinkAbout2006-07-26 STAFF REPORTS 3C ppLM SA
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�q` 0N,P CITY COUNCIL STAFF REPORT
DATE: July 26, 2006 LEGISLATIVE ITEM
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS PROHIBITING STREET LEVEL OFFICES
IN THE HISTORIC VILLAGE CENTER IN THE C-B-D
ZONE, AND ALLOWING STREET LEVEL FINANCIAL
INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN
THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE
PERMIT, FOR A PERIOD OF 45 DAYS PENDING THE
COMPLETION OF A STUDY OF THE EFFECTS OF
STREET LEVEL OFFICE AND FINANCIAL INSTITUTION
USES IN THE HISTORIC VILLAGE CENTER OF THE CITY
AND THE ADOPTION OF ANY AND ALL AMENDMENTS
TO THE CITY'S ZONING CODE AND RELATED LAND USE
REGULATIONS. (4/5THS VOTE REQUIRED.)
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
1. Waive reading of the Ordinance text and adopt by title only.
2. ADOPT ORDINANCE N0._, AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS PROHIBITING STREET
LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D
ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN
THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO
A CONDITIONAL USE PERMIT, FOR A PERIOD OF 45 DAYS PENDING
THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET
LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE
HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF
ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS." (4/5THS VOTE REQUIRED.)
5191 1 nn^^
City Council Staff Report
July 26, 2006 -- Page 2
Ordinance Street Level Office; Historic Village Center
STAFF ANALYSIS:
On June 28, 2006, the City Council adopted Interim Urgency Ordinance No.
1692, which imposed a 45 day moratorium on the establishment of new commercial
office and financial institutional uses on the ground floor of buildings in the Historic
Village Center of the City. Ordinance No. 1692 relied solely on the Historic Village
Center as described in the City's Zoning Code; it did not include other areas of the
Central Business District that is viewed as part of the core downtown area of the City.
Staff is proposing that the City adopt a new interim urgency ordinance that includes a
redefined Historic Village Center that will include additional areas, including the west
side of Indian Canyon Drive between Alejo and Baristo and the south side of Alejo,
between Palm Canyon and Indian Canyon Drive.
The City's central business district zone is an area that is intended to be primarily
commercial retail in character, with related hotels, multiple-family dwellings, and service,
office, cultural and institutional uses in a supporting role. The City's Zoning Ordinance
provides that the central business district is intended to be a compact, lively, active,
intensively used area catering to pedestrians and pedestrian activities. Planted
walkways, covered walks and open plazas that provide for sitting, dining, conversing,
gathering and window shopping are permitted and encouraged in the central business
district zone. The City's Historic Village Center, including the proposed additional
areas, is a sub-area within the central business district and, pursuant to the City's
Zoning Ordinance, is intended to serve as the center of the downtown with the primary
economic activities focusing on specialty retail, restaurants and entertainment.
The City's current General Plan and the Community Redevelopment Plans
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center. It is anticipated that as a result of the ongoing general plan
update, the new general play will contain polices and programs that will further
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center.
The current Zoning Code allows office and financial institution uses on property
zoned with the C-B-D Zone so long as these uses are no more than 5,000 square feet
in total area on the street level and the office and financial institution uses are not
located within the historic village center, The Code also allows offices and financial
institutions in the historic village center subject to a land use permit so long as the floor
area of the office or financial institution that fronts a street does not exceed 2,500
square feet. And lastly, the Code allows office and financial institution uses of more
than 2,500 square feet to front a street in the historic village center subject to a
conditional use permit. The Code does not define `office" or "financial institutions."
City staff has broadly applied the term "office" to include the full range of general and
professional office uses, including medical and dental, real estate and property
management, attorneys, architects, designers, etc.
515167 1
City Council Staff Report
July 26, 2006 -- Page 3
Ordinance Street Level Office; Historic Village Center
Over the last several months, staff has observed a troubling trend: Existing
street level retail stores are being converted to general and professional office uses and
the retail uses are being abandoned. This conversion of street level retail uses to office
uses is changing the character of the City's historic village center and has significantly
eroded the vitality and economic health of the historic village center and adversely
affected the attractiveness of the historic village center as a pedestrian friendly
environment.
In order to ensure the viability and vibrancy of a pedestrian friendly retail,
entertainment, and restaurant historic village center as provided for in the City's Zoning
Ordinance and the City's adopted plans and policies, staff is recommending that an
interim urgency ordinance be adopted that would essentially limit street level uses in the
historic village center to commercial retail, entertainment, and restaurant uses and
street level general and professional offices in the historic village district be prohibited
and that street level financial institution uses should only be allowed subject to a
conditional use permit after satisfying specific criteria designed to ensure that the
commercial retail character of the historic village district is not adversely affected,
City staff has commenced an inventory of ground floor space in the downtown
area and has also commenced the review and consideration of alternate approaches to
encouraging the development and preservation of ground floor retail uses in the Historic
Village Center of the City. It is recommended that the City Council extend the current
moratorium for forty-five days to provide additional time for staff to complete its review
and formulate a recommendation to the City Council. A report will be submitted to the
Council before the expiration of the extension and the Council Can consider whether the
interim ordinance should be further extended.
FISCAL IMPACT:
There should be no fiscal impact on the City except to the extent the review of the City's
code and preparation of an adequate report for Council consideration will affect current
staff workloads.
Douglas Holland, City Attorney
David H. Ready, City Manager
Attachment:
Proposed Ordinance
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C �OR�NP CITY COUNCIL STAFF REPORT
DATE: July 26, 2006 LEGISLATIVE ITEM
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS PROHIBITING STREET LEVEL OFFICES
IN THE HISTORIC VILLAGE CENTER IN THE C-B-D
ZONE, AND ALLOWING STREET LEVEL FINANCIAL
INSTITUTIONS IN THE HISTORIC VILLAGE CENTER IN
THE C-B-D ZONE SUBJECT TO A CONDITIONAL USE
PERMIT, FOR A PERIOD OF 45 DAYS PENDING THE
COMPLETION OF A STUDY OF THE EFFECTS OF
STREET LEVEL OFFICE AND FINANCIAL INSTITUTION
USES IN THE HISTORIC VILLAGE CENTER OF THE CITY
AND THE ADOPTION OF ANY AND ALL AMENDMENTS
TO THE CITY'S ZONING CODE AND RELATED LAND USE
REGULATIONS. (4/5THS VOTE REQUIRED.)
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
1. Waive reading of the Ordinance text and adopt by title only.
2. ADOPT ORDINANCE NO._, AN INTERIM URGENCY
ORDINANCE OF THE CITY OF PALM SPRINGS PROHIBITING STREET
LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER IN THE C-B-D
ZONE, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS IN
THE HISTORIC VILLAGE CENTER IN THE C-B-D ZONE SUBJECT TO
A CONDITIONAL USE PERMIT, FOR A PERIOD OF 45 DAYS PENDING
THE COMPLETION OF A STUDY OF THE EFFECTS OF STREET
LEVEL OFFICE AND FINANCIAL INSTITUTION USES IN THE
HISTORIC VILLAGE CENTER OF THE CITY AND THE ADOPTION OF
ANY AND ALL AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS." (4/5THS VOTE REQUIRED.)
aaan9i
REm NO.
City Council Staff Report
June 26, 2006 -- Page 2
Ordinance Street Level Office; Historic Village Center
STAFF ANALYSIS:
On July 28, 2006, the City Council adopted Interim Urgency Ordinance No. 1692,
which imposed a 45 day moratorium on the establishment of new commercial office and
financial institutional uses on the ground floor of buildings in the Historic Village Center
of the City.
The City's central business district zone is an area that is intended to be primarily
commercial retail in character, with related hotels, multiple-family dwellings, and service,
office, cultural and institutional uses in a supporting role. The City's Zoning Ordinance
provides that the central business district is intended to be a compact, lively, active,
intensively used area catering to pedestrians and pedestrian activities. Planted
walkways, covered walks and open plazas that provide for sitting, dining, conversing,
gathering and window shopping are permitted and encouraged in the central business
district zone. The City's Historic Village Center is a sub-area within the central business
district and, pursuant to the City's Zoning Ordinance, is intended to serve as the center
of the downtown with the primary economic activities focusing on specialty retail,
restaurants and entertainment.
The City's current General Plan and the Community Redevelopment Plans
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center. It is anticipated that as a result of the ongoing general plan
update, the new general play will contain polices and programs that will further
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center.
The current Zoning Code allows office and financial institution uses on property
zoned with the C-B-D Zone so long as these uses are no more than 5,000 square feet
in total area on the street level and the office and financial institution uses are not
located within the historic village center. The Code also allows offices and financial
institutions in the historic village center subject to a land use permit so long as the floor
area of the office or financial institution that fronts a street does not exceed 2,500
square feet. And lastly, the Code allows office and financial institution uses of more
than 2,500 square feet to front a street in the historic village center subject to a
conditional use permit. The Code does not define "office" or "financial institutions."
City staff has broadly applied the term "office" to include the full range of general and
professional office uses, including medical and dental, real estate and property
management, attorneys, architects, designers, etc.
Over the last several months, staff has observed a troubling trend: Existing
street level retail stores are being converted to general and professional office uses and
the retail uses are being abandoned. This conversion of street level retail uses to office
uses is changing the character of the City's historic village center and has significantly
eroded the vitality and economic health of the historic village center and adversely
S l_3409 I
City Council Staff Report
June 26, 2006 -- Rage 3
Ordinance Street Level Office; Historic Village Center
affected the attractiveness of the historic village center as a pedestrian friendly
environment.
In order to ensure the viability and vibrancy of a pedestrian friendly retail,
entertainment, and restaurant historic village center as provided for in the City's Zoning
Ordinance and the City's adopted plans and policies, staff is recommending that an
interim urgency ordinance be adopted that would essentially limit street level uses in the
historic village center to commercial retail, entertainment, and restaurant uses and
street level general and professional offices in the historic village district be prohibited
and that street level financial institution uses should only be allowed subject to a
conditional use permit after satisfying specific criteria designed to ensure that the
commercial retail character of the historic village district is not adversely affected.
City staff has commenced an inventory of ground floor space in the downtown
area and has also commenced the review and consideration of alternate approaches to
encouraging the development and preservation of ground floor retail uses in the Historic
Village Center of the City. It is recommended that the City Council extend the current
moratorium for ten months and forty-five days to provide additional time for staff to
complete its review and formulate a recommendation to the City Council. A report will
be submitted to the Council before the expiration of the extension and the Council can
consider whether the interim ordinance should be further extended.
FISCAL IMPACT:
There should be no fiscal impact on the City except to the extent the review of the City's
code and preparation of an adequate report for Council consideration will affect current
staff workloads
Douglas Holland, City Attorney
David H. Ready, City n
Attachment:
Proposed Ordinance
5l ilfl� �
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS PROHIBITING STREET LEVEL OFFICES
IN THE HISTORIC VILLAGE CENTER, AND ALLOWING
STREET LEVEL FINANCIAL INSTUTUTIONS IN THE
HISTORIC VILLAGE CENTER SUBJECT TO A
CONDITIONAL USE PERMIT, FOR A PERIOD OF 45
DAYS PENDING THE COMPLETION OF A STUDY OF THE
EFFECTS OF STREET LEVEL OFFICE AND FINANCIAL
INSTITUTION USES IN THE HISTORIC VILLAGE CENTER
OF THE CITY AND THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS. (415THS VOTE
REQUIRED.)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. This interim urgency ordinance is adopted pursuant to Section
65858 of the California Government Code and pursuant to the City's authority over
matters of local concern as a charter city.
SECTION 2. The City of Palm Springs shall not issue or approve any general plan
amendment, specific plan, zone change, building permit, conditional use permit,
variance, planned development permit, precise plan of design, or other land use
entitlement for the construction of, or the conversion of existing uses to, street level
office use or financial institution use within that portion of the Central Business District
Zone of the City known and referred to as the Historic Village Center, except as
otherwise provided in this interim urgency ordinance.
SECTION 3. During the term of this interim urgency ordinance, a financial
institution use may be constructed on the street level within the Historic Village Center
subject to a conditional use permit and only subject to the following conditions:
A. The total floor area of the proposed financial institution use, when added to any
existing street level office an/or financial institution use in the affected building, is the
lesser of not more than 2,500 square feet or 25% of the total floor area of the street
level area of the affected building;
B. The Planning Commission, or if appealed, the City Council, finds on the basis of
substantial evidence on the record that a financial institution use would be more
compatible with the existing and planned uses in the vicinity of the proposed use than a
retail commercial use on the street level at the proposed location and that a financial
institution use would be more beneficial than a retail commercial use in implementing
applicable land use policies of the City Council or the City's Community Redevelopment
1
Agency, including the Palm Springs General Plan and any applicable Amended and
Restated Redevelopment Plan.
SECTION 4. For the purpose of this ordinance, the following streets shall be
deemed to be within the Historic Village Center: Palm Canyon Drive, between Alejo
and Baristo Roads; Tahquitz Canyon Way, between Belardo Road and Indian Canyon
Drive; Andreas Road, between Palm Canyon and Indian Canyon Drives; Arenas Road,
between Belardo Road and Indian Canyon Drive; Baristo Road, northerly side, between
Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between
Alejo and Baristo Roads; and Alejo Road, southerly side, between Palm Canyon and
Indian Canyon Drives. This Section 4 of this Ordinance shall be deemed an
amendment to Subsection (b) of Section 92.09.00 or the Palm Springs Municipal Code.
SECTION 5. The provisions of Section 92.09.01 A.37 of the City's Zoning Code
shall be deemed suspended and no longer in force or effect during the term of this
interim urgency ordinance.
SECTION 6. The City Council hereby finds, determines, and declares that this
interim urgency ordinance adopted pursuant to California Government Code Section
65858 is necessary because:
A. The City's central business district zone, an area that is intended to be primarily
commercial retail in character, with related hotels, multiple-family dwellings, and service,
office, cultural and institutional uses in a supporting role. The central business district is
intended to be a compact, lively, active, intensively used area catering to pedestrians
and pedestrian activities. Planted walkways, covered walks and open plazas that
provide for sitting, dining, conversing, gathering and window shopping are permitted and
encouraged in the central business district zone. The City's historic village center,
which is a sub-area within the central business district, is intended to serve as the
center of the downtown with the primary economic activities focusing on specialty retail,
restaurants and entertainment.
B. The City's current General Plan and the Community Redevelopment Plans
encourage street level retail commercial, entertainment, and restaurant uses in the
historic village center. It is anticipated that the general plan update, currently in
process, will contain polices and programs that will further encourage street level retail
commercial, entertainment, and restaurant uses in the historic village center.
C. In order to ensure the viability and vibrancy of a pedestrian friendly retail,
entertainment, and restaurant historic village center as provided for in the City's Zoning
Ordinance and the City's adopted plans and policies, street level uses should be limited
to commercial retail, entertainment, and restaurant uses and general and professional
offices and financial institution uses should be discouraged and limited.
D. Over the last several months, existing street level retail commercial uses have
been converted to general and commercial office uses and the retail commercial uses
have been lost. This conversion of street level retail commercial uses to office uses
2
have significantly eroded the vitality and economic health of the historic village center
and adversely affected the attractiveness of the historic village center as a pedestrian
friendly environment.
E. The conversion of street level retail commercial space to office uses presents an
immediate threat to the public health, safety, and welfare in that the City currently has
limited supply of street level retail space in the historic village center. The City intends
to study the economic and market impacts of converting street level retail commercial
uses to office uses and the construction of street level office uses in the historic village
center and to propose amendments to the City's municipal code to address these
impacts. The City must prohibit the construction of, and the conversion of street level
retail commercial uses to, street level office uses while staff completes its land use
studies and its economic analysis on the impacts of such construction and conversions.
SECTION 7. Ten days prior to the expiration of this interim urgency ordinance,
and any extension thereof, the City Council shall issue a written report describing the
measures which the City has taken to address the conditions which led to the adoption
of this ordinance or any extension.
SECTION 8. This interim urgency ordinance shall take effect immediately upon
its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency
ordinance shall continue in effect for forty-five (45) days from the date of its adoption
and shall thereafter be of no further force and effect unless, after notice pursuant to
California Government Code Section 65090 and a public hearing, the City Council
extends this interim urgency ordinance for an additional period of time pursuant to
California Government Code Section 65858.
SECTION 9. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction such
decision shall not affect the validity of effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this day of
2006.
RON ODON, MAYOR
3
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
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 the foregoing Ordinance No. was duly introduced,
adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council
held on the day of 2006, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
JAMES THOMPSON, CITY CLERK
4
No. 2d11
PROOF OF PUBLICATION T AMENDED NOTICE OF PUBLIC HEARING
y \
CITY COUNCIL
(Z015.5•C•C•P) INTERIM URGENCY ORDINANCE-
HISTORIC VILLAGE CENTER
Ado�treet
phnn Interim urgency Regulations pmhibitinp
level offices in the Historic Village Center ofl
the City of Palm Springs and allowin street Icvcl
fmancml rvtltu}fen^ in the Historic V�lage Center
subject to a conditional use permit and Notice of
Exemption from the California Environmental
Quality Act
Applicant: City of Palm Springs
STATE OF CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council
County of Riverside or the City of Palm Springs, California,will hold a
Public I•leanng at Its meeting of July 26, 2000
The City Council meeting begins at 6:00 P.m_in
�thc Counccl Chamber at City Hall 3200 East Tah-
qui2 Canyon W.
Palm springs.
-rise a of the Hearing is to consider this ex-
rension,7of To,months and 15 days of the Inter-
im Urgency Ordinance adoppng interim urgency
regulation:- rohibitmgstrcat_I...I aFece�-in the - -
Hlstoric Villagpe Center OF the 'City of Palm
I am a citizen of the United States and a resident of sprin%s antl all.wing sweet level financial institu-
tion: n the -listonc Village Center sub'Iect to a
the County aforesaid;I am over the age of eighteen conditional 1,:w Ferran pendingg coinppleEIon of a
Cars,and not P art t0 Or interested in the study of the effects of street Ievol aflice and r-
S party n-mcial insntu0on uses In the Historic Village Cen-
above-entitled matter.I am the principal clerk of a ter of
fnthe City
actual bi Po Ihed to alleviatetYa
printer of the,DESERT SUN PUBLISHING safety and welfare. The current Interim Urgency
r•
COMPANY a newspPper of general circulation, OrdmonCe Xpirea on August 12, 2006.
PUrtinted and published in the City of Palm Springs, and its
to Government Code Section concern
s
P P yand its authority Duct mallets PI local concern as
County of Riverside,and which newspaper has been a chaner chy the City Council finds that street
love u: : ..hould be limited to commercial retail,
and professional offices and financial in
adjudged a newspaper of general circulation by the entertainment and restaarant uses. Or1d eneral
stitution
Superior Court of the County of Riverside,State of uses should be di..00vr,ged end limited In order
California under the dale Of March 24,1958.Case
to ensure the viability an vibrancy oI n pede.•m-
an friendly retell, entertainment, and restaurant
Number 191236;that the notice,of which the historic village center as provided for in the City's
Zoning Ordinance and the City e 9dopted plans
annexed is a printed copy(set in type not smaller and policies.
than non pariel,has been published in each regular For the period of this Ordmancc the acy of Palm
s rings shall not Issue or approve any penaril
and entire issue of Said newspaper and not in any • pplan amen dmenl, •pecnre plan, zone change,
b
supplement thereof On the following dates,to wit: pullding permit, conditional wo pnrma, variance,
lanned development permit precise plan of de-
sign, or other Pnd uss entitlement for the con-
s tru"[on of,or the conversion of exi.4ng uses to,
street level office use or financial institution um
within Ih:rf portion of the Cenral Business District
—..,--.....................-- Zone of the City (mown and rclerred to as the
Historic Village Center,as amended in the interim
urgency ordinance, except as otherwise provided
- -_--_-- --W--y In this interim urgency ordin'Ari
All in the year 2006 The City of Palm Springs, In Its capacny as the
lead agency for rho prolPet under the California
Environmental OualiN Act (CEQAI, uvaluatnd Or-
❑otrntial cnd,renmen at Irapacts o the Ordinance.
I certify(or declare)under penalty of perjury that the Pursuant to Section 15252 or Cl!i this ordi-
nance Is exempt from environmental rcvitw
foregoing is true and correct. here._the ordnance authorizes the undenakmrl
of feasibility and planning mules and any devel-
o ment-which may pccurpvr;uim to the interim
Dated at Palm Spri ifornia this----21",--day .^.Pandards will not be approved until a complete
cnvironmurit.l evaluatlon of the proposed project
has occurred.
Cif------July----------- 2006 REVIEW of INFORMATION:The staff report and
other supporting documents regardlnpp this maner
are available far public review If City Hall be-
tween the hours of 8.00 a.m and 5'00 p.m.Men-
day Ihrou h Fridayy Please contact the Office of
the City O�nrk it [J60)323-320d it you would like
to schedule an apporni to rcVaW Ihi,se d..-
--..------- umsnts.
Si nature COMMENT ON THIS ORDINANCE:Rcsponm It
this notice may be made verbally at the Public
Herring vnd/or in writing before the hearing.Writ-
ten comment, may be Tilde to the Pslm Springs
City Council in writing (mailed for hand delivered)
to,
James Thompson city clerk
3200 E Tahgwtz Canyyon Wry
Palm Springs CA 02232
If any group challenges the action in court, issues
Wised mayy be limited to onlyy those issues mead
A of the Public Hearing, described In this notice or
1%y.,�r in written eorosppnacnCL at, or prior to the City
Council Hearinq. An opportunity will bu given at
^aid Hearing for all interested persons to be
heard. Questions nyarding lhls case may be di-
rected to Craig Ewing, Director of Pldnrnng Ser-
vice^., at 763=23-8245.
SI necessita ayuda can csta car{., pprfaver(lame
1 la Cludad de Palm Springs y puedo hablar can
Nadine Ficgcr tvlcfono 760-3 y3-62d5.
James Thomp-on
CityCerk
Published: 7/21/2006
.r-
FRQO O 1'UBLICATI(�I�T c No, 234
This NOTICE OF PUBLIC HEAgINC -
/� 7�\ IT 9 n 9 t���11 1 CITY COUNCIL
`ZU1s•5•c•C•g) 22L� DU 20 :14lt O• C9 INTERIM URGENCY OgnINANOE-
HISTpRIC VILL I GE CENTER
_ ,I Iry:. i'�b% �f'• Adoplinpp Interim Urgency Regulation,
q Pro lblCIng st'roet level offices in rho
GI S Y t+L:'-' i Hlstonc Villa a Center of the City of palm
tion„Oin{he Nrstorto Vill"foje ICollter srublecr to a conditional use permit and Notice of rxemp tlon
from thr, California Environmental quality qcl
Applicant City of P¢Im Springs
STATE OF CALIFORNIA NOTICE IS HEREHy GIVEN fill,tbr, Of CauncIt
Count of Riverside of the Clry of Palm Springs, CulAvrnla, will halo a y Public Hearing at 10 meeting of JV 26, 2006.
Rt0 City Chamber &,y2gni 32 Poo p Tah�qult;Canyon Way, Palm Sgqpring,
The
ropurpose
nP Df 10 monlbauald 15tdayofthehlnlur-
im Urgpency Ordinance adopting interim urgency rerlulallons pronibiting street level offices n t7in
S lstanc Villagge Center of the City of Palm
I Am a Citizen OF the United States and a resident of noels s,the
allowing arruet love!lrnanelal insbtu-
the County aforesaid;I am over the age of eighteen conaltionaleusestorjO Village Center subleck to a
study of the effacu,Permit P�ebinlevel oAle on ffla
years,and not N party to or Interested ill the ngnclal institution uses In the, t le of Vcc Cen-
above-entitled matter.I am the principal cleric of a for or the City as may be naeaad to alleviate
a P p• syfo'nt and actusl t1hy to the public health
printer of the,DESERT SUN PUBLISHING Ord )ncedt:plresrrCorTAugu t 7a,120o0m Urgency
COMPANY a newspaper of general circulation,
find b. t v)Government am o Secalon ncern a)
printed and published in the city of Palm Springs, and Ic,aumonry over matters of local concern a::
Count of Riverside,and which newspaper has been a ch,trter my me CItVy evened find, that street
ylevel usgs should be Ifrpited I,0 commercial stre,l,
adjudged a newspaper of general circulation by the entertainment and restaurant usos, and genera)and prOreuslenal offices and flnenclal Igstnutivn
Superior Corot of the County of RiVcrsitle,State of ueos should be dl;:cnur.,gqea;
to ensure the via antl v and limited in order '
California under the date of March 24,1989.Case an tdend) retell cry vibrancy of a Peel stn-
Number 191236;that the notice,of which the historic Village center a,Y rorvlded for InrtheaCj`rnt
Zon)nq Onciff' oo and the Clry's adopted plays
annexed is a printed copy(Set in type not smaller and policies.
than non pariel,has been published in each regular For the period of this Ordinance the City of Palm
and entire issue of said newspaper and not in an ppSff'ngs shall mot Is:•ue or approve anygeneral
y bu idle amendment apeclhc Alan, zone cYearg',
supplement thereof on the following dates,to wit: p i permite cons tional use permit, variance,PP g Ian ed d pmenf permit precise tar of d stye, or other land use entitlement for the con-
July of ortho conversion of for
Dies tc,
July 15°1,2006 street level ohlCc use or financial institution use
within that When of thr,•C,,,(ml Businevc District
---—••----•- -••--•-----•--•--- Zone of the Clry known and referred to as the Hlstpric village center, except as olharwi,;a ro-
vlded in this Interim urgency ordln,mce. p
---• "•-•- -•--•--•-••`--- The Clry Of Palm Springs, in Ili capacity as the
All in the year 2006 lead agency for this project undne the Callfornls
Envlrpnmenlal quallry qct fCEQA), evaluated rryc
polCntlal cnvlronmental Irepect3 of the Ordinance.
I prsuant to Sechvn 25'nT b COCA, this Ordl-
I certify(or declare)under penalty of perjury that(lie Hance Is exempt from environmental roviem,whereas the Ordmarice authori2es the undurtsklnvg foregoing Is true and correct, of fp feaslbllity and plannlhg studies and :Iny a'In
et rooret which may occur pursuant to the interim
m s aicla w not be approved un(i!a Complete
Dated at Palm Springs,California this--17 ,---day has occuer r,I evaluation of the proposed project
of-•--------Jul —— — 2006 otherEW�OF INFORMATION: The staff report and
y — tC avallah rtlfurdpocuments regaroln this matter
%een the Ilaurs pf 8 opca.m.and F;00 p.m ry Neff e,-
day throe h Fndv Please contact th ffeeeof
The Clt?e O ark at(yiG0) 023-8204 If you would like to schedule On appointment to review these doc-
_ umenls,
s� h� not ce may teal in-ade IvoAbgpy sl;YhE public
He- S➢anat•,tc _
Hearing antl/or in writing before the hearin❑.Wilt_ten commei i may be made to the Palm Springs
Corry CvunCll in wnting (mailed for hand delrvared)
`., .lames Thompson Olt) Giant
CJ 0200 E. Tahquity canyyon Way
CrJ PNm springs, CA M(52
/�t (��r If any group cliallengas the ayction in court Issuss
�` i :lt ril)sthe publcoHlelrinq it descr, lentad in thultnol ce o
\\\ m written comeepon once at or prior to,the City
Council Hesgqnnpp. An opportunity will be glven at
hearo!Oueogtloforr gardloif Iri Pisse smav be dr-�
vlceosd at 750.323 8214 Director of planning ser-
SI nece"61ta uywf con osta carte, porfavor Mama
a Is Ciudad de Palm springs puetlP heblar con
Nadine Fie{7er Ivlefono 760-3 8245,
Jame, Thompson
City plerk
Published 7/15/2000
No. 2526
ORDINANCE NO. 1699
AN INTERIM URGENCY ORDINANCE OF THE
EVELL OFFICESALM PNINTHEP HISTORIC VILLAGE
CENTER, AND ALLOWING STREET LEVEL FI-
�:'�^t•I tr NANCIAL INSTUTUTIONS IN'rHE HISTORIC VIL-
:'. -7 a.l LAGE CENTER SUBJECT TO A CONDITIONAL_
ri T. / „- ,,, q n n r' T} PENO NG THE COMPL15TI PERIOD
A STUDY OF
PROF OF 1�Y1' LICATZ�N THE EFFECTS OF STREET LEVEL,OFFICE AND
FINANCIAL INSTITUTION USES IN THE I.IIS7OR-
2GuG AOOP'rION OF ANY AND ALL AMENDMENTS TO
THE CLTY S ZONING CODE AND RELATED LAND
_ USE REGULATIONS.
THE CITY COUNCIL OF THE CITY OF PALM
CI 1 Y Cu_ : ut SPRINGS, CALIFORNIA, ORDAINS:
SECTION 1. This interim urgency ordinance Is
adopted pursuant to Section 65858 of the Califor-
nla Government Coda and pursuant to the City's
authority over rh=Nfu of local concern as a char-
ter city.
STATE UP CALIFORNIA SECTION 2. The City of Palm Springs shall not
County of Riverside issue or approve any gonend pion amendment,
sppecific plan, zone change. building paned, can-
dltlon'd use permit variance, planned develop- I
meet perms,precise pPion of design or other land
use entitlement for Ihe construction of. or the
conw;rslon of existing uses to, struot level office
use or financial Im titutivn use within that portion
of the Central Business Dbttnct Zonr. of the City
known and refeerad to as the Historic Village Cen-
ter, except a; oth,_nvlsu provided In this interim
I am a citizen of the United States and a resident of urgency ordinance.
SECTION 3. Owing tho term of this interim ur-
the County aforesaid:I am over test age of eighteen ggoncy ordinance. at
financial Institulmn use may
ba constructed on the street level within the His-
years,and net a party I m interested i ill the tonic Village Centur sub act to a conditlonal ufu
above-entitled matter.1 am the principal clerk of a permit antl only subieci to me following condl-
printer of the,DESERT'SUN PUSLISHT
ons.
COMPANYa newspaper general circulation, A The total floor Area of the proposed financial
the
Springs,
rinati6mon use,when added to any existing street
printed anddpublished in thhe city ofPalSpngs, level office on/or financial institution ase In the of-
County of Riverside,and which newspaper has been Footed building, is the lesser of not more than
2,500 square feet or 25% or the total floor area of
adjudged a newspaper of genera circulation by the the stroat Iuvel area of the affected building;
Superior Court of the County of Riverside,State of B. The Planning Cvmmisslorl, or It apppesle.d. the
City Council,flntls on the basis of substambal nvi-
CaliTornia under the dale of March 24,1988.Case denco on the retold that a fin'mclal institution use
would be more compatible with the existing and
Number 191236;that the notice,of Which the planned uecs In the vicinity of the props<od use
Set In type not Smaller Than a retail commercial we on the street level at
Annexed IS a prinked Copy yp the proposed location and that a financial institu-
than non pariel,has been published in each regular non use would be more beneficial than a r(tall
commeicial use In impicmenting applicable land
and entire issue of said newspaper and not in any use policies of the City Council or the Clty s
Community Redevelopment Agency, Including the
Supplement thereof on the following dates,to wit: Palm Springs General Plan and any applicable
Amended and Aestaiod Redevelopment Plan.
July 29ei,2006 SECTION d. For the purpose of this ordinance„
the followlnfl stroots shall be deemed to be within
-_-•� --�- — the Historic Village Center. Palm Canyon Drive,
between Alejo and Batiste Roads; Tahqultx Cart-
Von Way, between Bolardo Road and Indian Can-
yon Drlvc;Andrea; Road, betwetn Palm Canyon
_....... �'--- and Indian Canyon Drives:Arenas Road,botwonn
All in the year 2006 Bolardo Road and Indian Canyon Drive; Bansto
Road, northerly side, between Palm Canyon and
Indian Canyon Drives: Indian Carryon Drive west-
that ibc criy'ode. between Alsip and Batista Roads, and
AIo a Road, ourtnrrlyy side Uotweun Fulm Canyyon
I certify(or declare)under penalty of penury nnj Indian Ganyon ❑rives, Thu Section 4 of this
foregoing is true and correct. Ordmancu shall do deemed an amendment to
Subsection (b) of Section 92.09.00 of the Palm
Springs Municiad Cade.
Dated at Palm Springs,California this---3I°t,—day SECTION 5. The provisions of Soctlon 92 09.01
A.37 of the City's Zoning Code shall be doemad
2006 suspended and no longer In force or effect during
of July••••--�,•"'"�' the term of this Interim urgency ordinance.
SECTION 6.The City Council hereby flntls,datar-
mhics, and ❑ociara,:that this interim urgency or-
dinance ado p eo pursuant to California Govern.
Mori Code Section 65858 is necessary bocauta:
A The City's Cantr,d busmese district zone,an ar-
�" e.?that is intended to be primenly commercial re-
Sig tune lad In chamctar,with related hotels, multiple-lnml-
ly dweilmgs, •Ind survlCe,anc�o, cultural and instl-
mponal use;. in .,t supporting role. The contra)
business district is Intendod to be n compact,
lively, activi„ Inrunslvuly w•od area catering to Tie-
.��' desirians and pedestrian activities Planted walk-
`_ wsys, covered walks and open plazas that I
i•1{„ vlde tar sitting. dining, conversing, gathering and
it window shopping are permitted an tl encouraged
h1 the cantml business which
is
zone.The CI}y.
V in the village center, s d1st is a sue.area wltliln
the central business district, Is Intended to serve
as I,he center of the downtown with The primary
economic actlmties focusing on specialty retail
restaurant: and entertainment
B.The City, current General Plan and the Com-
munily Rodevr,lopment Plans ericowage Street
level retail commercial, entertainment,and rest,iu-
rant uses In the historic village cantor. It Is anllcl-
pated tent ih, general plan updoke curreri In
pieces::, well contiln police;, and pm rams that
will further encograge street levul recall commyr-
cral cnteitairmunt and rectaunmt u„os in the his-
toric vldage center
C. In order to enpurc the viability and vibrancy of
a pedestrian fnendly retail, entertainment, and
rl$;.tyrant historic Wit 19c center as provided for In
the City's Zoning Ordinance and the Clty's adopt-
ed plans and policies strecl Iavel uses should be
limited to commercial retail, entertainment, and
restaurant uses and general .lad professional of-
floes and financial In;tdution uses should be dis-
couraged and limited,
r
le Over the lest several months, existing street
to
retell andcommercialcmL uses have been and
the pit
to genmm and coma have office uses and the fe-
tal commercial l uses have been coat This no office
use of street gnifi fatal)commercial th uses ro Dand
uses mil ealth f the eroded the vitally and
economic health of a attractiveness
ess o center and
toadversely gc center
a the pedestrian ass of me hr'tor-
m village center as a pedestrian lrlendly anvlron-
ment.
E.The Conversion or,troot level retail commercial
space to office uses presents an immediate throat
to the public health, safety, and welfurc in that
thu City currentiy has limited supply of street level
retail space In the historic village center. Tna City
intends to studyy the economic and market im-
pacic of carver street level roLail commercial
uses to entice uses and the Construction of street
level office uses In Lh0 historic vlllsg� center and
to propose amchdments to ihr City s municipal
code o address these Impacts. The City must
prohibit the construction of and the conversion at
strout level retail commercial uses IQ street level
office uses while staff completes its land use
studies,Ind its econolnlc analysis on The impacts
of ;uch constucton and convorclons.
SECTION 7. Ten days prior to the expiration of
this interim urgenpy ordinance,Ind any exrenclon
thereof, the City Council stlall Issue a w0an re-
port dumnbing the in,;ju res which the City has
taken to address the condcaons which led to the
adoption of this ordinance or any extension.
SECTION 8.Tnls interim urgency ordinance shill
take effect Immedlarecy upon its adoption by a
tour-fOlhs )4/6) vote of the City Council. This In-
torcm urge tcy ordinance shall continue In effect
for forty-liar (45) days from the date of iF adop-
tion and shall thereafter be of no further force and
`(fact unless, alter notice pursuant to California
Government Cade Sectlon 65090 and a public
hearing, the City Council extends this interim or-
gency ordln.mco for an additional period of time
ppursuant to California Government Cade Section
65858.
SECTION 9. If any :rehon subseclion, subdlvl-
sion, paragraph, •,untence. ciauso or phrase in
this Ordlnance or any parr thereof Is for any rea-
son held to be uncorishtutional or Invalid or Inel-
1ecrNu by any court of camprtent IIurisdlctlon
^uch decision;•hall not affect the validly of offae-
tiveness of the remalning pportion- of this Ordl-
nsnee or any an the —the It Council horc-
by declares mat it would h-Ave passed inis Ordi-
nance and each section, subsection subdivcslon,
sentence, clause and phrase thereof, irrespective
of Iho fact that any one or mare secton„ sub-
sections, aabdivlsions, sentances, clauses or
phrasoa ba declared unconstitutional.
(SASSED APPROVED AND ACOPTED
this 2Eth day of July 2006,
CERTIFICATION:
,TATE OF CALIFORNIA)
COIJN'IY OF RIVERSIDE) as.
CITY OF PALM SPRINGS)
I JAMES THOMPSON, City Clerk o1 lho CiN o1
Palm Springgs California, do heroby certify that
Ordinance No. 1000 Is a full, true and correct
copy, and was duly introduced, adopted, and I
passed as an urgency ordi at an adjourned
regular meetingg of the Palm Springs City Council
on July 19, 2006 by tau following vote
AYES:CouncAmomber McCulloch, Councilmem-
bar MIAs, Gouncllmernbor Pougnel, Mayor Pro
Tem Foal and Mayor Oden.
NOES: None.
ABSENT. None.
ABSTAIN: None.
James Thompson, City Clerk
City of Palm Springs, California
Published:7/29/2000