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HomeMy WebLinkAbout7/11/2012 - STAFF REPORTS - 1.D. �VALM S,44 iZ a v m °roe+rta c44 1FOR CITY COUNCIL STAFF REPORT DATE: July 11, 2012 PUBLIC HEARING SUBJECT: Case No. 5.1280 — ZONE TEXT AMENDMENT RELATING TO THE CIVIC CENTER DISTRICT (CC) ZONE FROM: David H. Ready, City Manager BY: Planning Department SUMMARY On May 16, 2012, the City Council initiated and introduced for first reading a Zone Text Amendment regarding the Civic Center District Zone. Following a public hearing on June 13, 2012, the Planning Commission adopted a recommendation to amend the Civic Center District Zone, including a new title: Civic Uses (CU) Zone. The Commission also recommended that certain standards be amended. The ordinance is now ready for final adoption following a required public hearing. RECOMMENDATION: 1. Open the public hearing and receive public testimony; 2. Waive the reading of the ordinance text in its entirety and read by title only; and 3. ADOPT ORDINANCE NO. _, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE (CASE 5.1280 ZTA)." BACKGROUND: The Civic Center District ("CC") Zone, as originally adopted, was applied to the public lands and building that comprise Palm Springs City Hall, the Palm Springs Police Department and related government building on Tahquitz Canyon Way, El Cielo Road and Civic Drive. The CC Zone is used on no other properties in the City. The City Council recently considered that numerous other properties owned by the City are developed with public uses (fire stations, public parking lots, cultural facilities and the like) but designated with commercial, residential and other zones. Further, the ITEM NO. M City Council Staff Report July 11, 2012 Case No. 5.1280—Zone Text Amendment—Civic Center District(CC) Zone Page 2 of 3 Council considered whether or not these properties would be more accurately zoned in a manner similar to the properties under the CC classification. In order to make the CC zone useful beyond the environs of City Hall, staff has proposed an amendment that would re-title the zone and alter certain of its development standards. DISCUSSION As noted in the attached Planning Commission resolution and draft ordinance, the Commission recommends that the zone be titled the Civic Uses (CU) Zone (meeting minutes not yet available). Further, the Commission's recommendation clarifies and amends the zone's development standards, as follows: 1. Add libraries to the list of permitted uses; 2. Delete offices, residential, restaurants and transportation facilities from the list of conditionally permitted uses; and 3. Restate the prohibition on all uses not specifically allowed. A separate Change of Zone (CZ) is being processed that would apply the amended CU zone to several city-owned and developed properties through the City. Required Findings In accordance with Section 94.07.01.A.2, any zone text amendment must be evaluated to determine if it is, "...consistent with the intent of this Zoning Code and the general plan..." Zoninq Code Consistency 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 land resources...". The amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands. Further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. General Plan Consistency The proposed zoning code amendment is consistent with the intent of the general plan, as follows: The intent of the General Plan is expressed in "The Palm Springs Vision" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, friendly and efficient public services within a government 02 City Council Staff Report July 11, 2012 Case No. 5.1280—Zone Text Amendment—Civic Center District(CC)Zone Page 3 of 3 that fosters unit among all our citizens; The proposed amendment to the Section 92.2300 et seq, includes re-titling the section from Civic Center District "CC" Zone to Civic Uses "CU" Zone and revising certain development standards which do not increase development densities. These amendments support the General Plan vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like. Further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. Environmental Assessment Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed Zone Text Amendment has been deemed a "project". The Planning Commission recommends that the propose zone text amendment (Case 5.1280 ZTA) 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. The proposed zone text amendment proposes only insignificant changes to the title and development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. FISCAL IMPACT: None. ng, AI Dir. of Ping Svcs Tom A. Wilson Asst. City Manager, Dev't Svcs David H. Ready, City�a Attachments: 1. Draft Ordinance —Zone Text Amendment— Civic Uses Zone 2. Planning Commission Resolution No. 6277 (adopted June 13, 2012) 3. Planning Commission Staff Report (June 13, 2012) 03 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE (CASE 5.1280 ZTA). City Attomey's Summary This Ordinance renames the Civic Center District Zone as the Civic Uses Zone and amends certain development standards to implement the purpose of the zone. The City Council of the City of Palm Springs hereby finds: A. On May 16, 2012, the City Council initiated a Zone Text Amendment (Case 5.1280 ZTA) to modify the development standards and rename the Civic Center District "CC" Zone so that the zone would be appropriate for application throughout the City to properties developed for public uses. B. The proposed amendment is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and it has been recommended that the propose amendment be determined to be 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. C. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1280 ZTA (Zone Text Amendment) was given in accordance with applicable law. D. On June 13, 2012 a public hearing of the Planning Commission was held to review said case, and at said hearing the Planning Commission 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 and voted to recommend a Categorical Exemption for the project under CEQA and recommend approval of the proposed amendments. E. A notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1280 ZTA was given in accordance with applicable law. 04 Ordinance No._ Page 2 of 4 F. On 2012, a public meeting on Case 5.1280 ZTA was held by the City Council in accordance with applicable law, and at said hearing the City Council carefully 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. G. A Zone Text Amendment is adopted by ordinance and includes two readings and a thirty-day period before it is effective. H. An ordinance has been prepared for two readings before the City Council for the approval of Case 5.1280 ZTA. I. 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 land resources...'; and the amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands; and further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. J. 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" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, friendly and efficient public services within a government that fosters unit among all our citizens; and the proposed amendment to the Section 92.23, including re-titling the section from the Civic Center District "CC" Zone to the Civic Uses "CU" Zone and revising certain development standards which do not increase development densities supports this vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like; and further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. 05 Ordinance No._ Page 3 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Pursuant to CEQA, the City Council hereby determines that the propose amendment (Case 5.1280 ZTA) 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. Section 2. Section 92.23.00 of the Palm Springs Municipal Code is amended to read: 92.23.00 "CU" civic uses district zone. The CU district is intended to accommodate governmental uses, facilities, services, and incidental uses necessary to support governmental facilities. Section 3. Section 92.23.01 of the Palm Springs Municipal Code is amended to read: 92.23.01 Uses permitted. A. Uses Permitted. 1. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith; 2. Governmental facilities; 3. Museums, libraries, and cultural uses; 4. Nonprofit uses; 5. Public parking areas, not as an accessory to uses permitted in this zone pursuant to Section 93.06.00; 6. Public parks. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety, and welfare as other uses permitted in the zone as provided for in Section 94.01.00. 06 Ordinance No. _ Page 4 of 4 C. Uses Permitted by Land Use Permit. 1. Child care center. D. Uses Permitted by Conditional Use Permit. 1. Uses permitted pursuant to Section 94.02.00.A.2 of this Code. Section 4. Section 92.23.02 of the Palm Springs Municipal Code is amended to read: 92.23.02 Uses prohibited. Any use not expressly permitted by Section 92.23.01 above is prohibited. Section 5. 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. Section 6. All properties in the City zoned Civic Center ("CC") District Zone on the date this ordinance becomes effective shall be deemed and designated on the City's Zone Map as Civic Uses ("CU") Zone District. PASSED, APPROVED, AND ADOPTED this day of 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 07 } RESOLUTION NO. 6277 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING APPROVAL OF CASE 5.1280 ZTA, A PROPOSED ZONE TEXT AMENDMENT FOR SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE CIVIC CENTER DISTRICT "CC" ZONE (CASE 5.1280 ZTA). WHEREAS, On May 16, 2012, the City Council initiated a Zone Text Amendment(Case 5.1280 ZTA) to modify the development standards and rename the Civic Center District "CC" Zone so that the zone would be appropriate for application throughout the City to properties developed for public uses; and WHEREAS, the proposed amendment is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the it has been recommended that the proposed amendment be determined to be 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities; and WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1280 ZTA (Zone Text Amendment) was given in accordance with applicable law; and WHEREAS, on June 13, 2012 a public hearing of the Planning Commission was held to review said case, and at said hearing the Planning Commission 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: SECTION 1. Pursuant to CEQA, the Planning Commission hereby recommends that the City Council determine that the proposed zone text amendment (Case 5.1280 ZTA) 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. 08 Planning Commission Resolution No. 6277 June 13, 2012 Case 5.1280 ZTA Page 2 of 3 SECTION 2: Pursuant to PSZC Section 94.07.01 (Zoning Ordinance Text Amendment), the Planning Commission finds as follows: A. 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 land resources..."; and the amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands; and further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. B. 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" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, .friendly and efficient public services within a government that fosters unit among all our citizens; and the proposed amendment to the Section 92.23, including re-titling the section from the Civic Center District "CC" Zone to the Civic Uses "CU" Zone and revising certain development standards which do not increase development densities supports this vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like; and further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. 09 Planning Commission Resolution No. 6277 June 13, 2012 Case 5.1280 ZTA Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council determine that the proposed zone text amendment Case 5.1280 ZTA 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 and also recommends adoption of an ordinance to approve a zone text amendment (Case 5.1280 ZTA), as set forth in Exhibit A. ADOPTED this 13th day of June 2012. AYES: 6, Calerdine, Roberts, Klatchko, Munger, Hudson and Chair Donenfeld NOES: None ABSENT: 1, Conrad ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ,oeEa4wing I P Direc or of PI ni Services i0 Ordinance No._ Page 3 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Pursuant to CEQA, the City Council hereby determines that the propose amendment (Case 5.1280 ZTA) 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. Section 2. Section 92.23.00 of the Palm Springs Municipal Code is amended to read: 92.23.00 "CU" civic uses district zone. The CU district is intended to accommodate governmental uses, facilities, services, and incidental uses necessary to support governmental facilities. Section 3. Section 92.23.01 of the Palm Springs Municipal Code is amended to read: 92.23.01 Uses permitted. A. Uses Permitted. 1. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith; 2. Governmental facilities; 3. Museums, libraries, and cultural uses; 4. Nonprofit uses; 5. Public parking areas, not as an accessory to uses permitted in this zone pursuant to Section 93.06.00; 6. Public parks. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety, and welfare as other uses permitted in the zone as provided S for in Section 94.01.00. J 1 � Ordinance No._ Page 2 of 4 F. On 2012, a public meeting on Case 5.1280 ZTA was held by the City Council in accordance with applicable law, and at said hearing the City Council carefully 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. G. A Zone Text Amendment is adopted by ordinance and includes two readings and a thirty-day period before it is effective. H. An ordinance has been prepared for two readings before the City Council for the approval of Case 5.1280 ZTA. I. 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 land resources..."; and the amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands; and further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. J. 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" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, friendly and efficient public services within a government that fosters unit among all our citizens; and the proposed amendment to the Section 92.23, including re-titling the section from the Civic Center District "CC" Zone to the Civic Uses "CU" Zone and revising certain development standards which do not increase development densities supports this vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like; and further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. 12 Ordinance No. _ Page 3 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Pursuant to CEQA, the City Council hereby determines that the propose amendment (Case 5.1280 ZTA) 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. Section 2. Section 92.23.00 of the Palm Springs Municipal Code is amended to read: 92.23.00 "CU" civic uses district zone. The CU district is intended to accommodate governmental uses, facilities, services, and incidental uses necessary to support governmental facilities. Section 3. Section 92.23.01 of the Palm Springs Municipal Code is amended to read: 92.23.01 Uses permitted. A. Uses Permitted. 1. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith; 2. Governmental facilities; 3. Museums, libraries, and cultural uses; 4. Nonprofit uses; 5. Public parking areas, not as an accessory to uses permitted in this zone pursuant to Section 93.06.00; 6. Public parks. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety, and welfare as other uses permitted in the zone as provided for in Section 94.01.00. 13 Ordinance No._ Page 4 of 4 C. Uses Permitted by Land Use Permit. 1. Child care center. D. Uses Permitted by Conditional Use Permit. 1. Uses permitted pursuant to Section 94.02.00.A.2 of this Code. Section 4. Section 92.23.02 of the Palm Springs Municipal Code is amended to read: 92.23.02 Uses prohibited. Any use not expressly permitted by Section 92.23.01 above is prohibited. Section 5. 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. Section 6. All properties in the City zoned Civic Center ("CC") District Zone on the date this ordinance becomes effective shall be deemed and designated on the City's Zone Map as Civic Uses ("CU") Zone District. PASSED, APPROVED, AND ADOPTED this day of 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 7 � QQALMSp,�, .y c y N k °erounv. Cq1/f:01t % Planning Commission Staff Report June 13, 2012 Case: 5.1280 ZTA Application Type: Zone Text Amendment (ZTA) Location: City-wide Applicant: City of Palm Springs From: Craig A. Ewing, AICP, Director of Planning Services PROJECT DESCRIPTION: An application by City of Palm Springs to amend Sections 92.23.00, 92.23.01 and 92,23.02 of the Zoning Code to re-title the Civic Center District "CC" Zone to the Civic Uses "CU" Zone and modify certain development standards of said zone. RECOMMENDATION: 1. Open the public hearing and receive any testimony. 2. Adopt the attached draft resolution recommending the City Council amend the Zoning Code to re-title the Civic Center District "CC" Zone to the Civic Uses "CU Zone and modify certain development standards of said zone. PRIOR ACTIONS TAKEN ON THE PROJECT: On May 5, 2012, the City Council initiated the Zone Text Amendment regarding the Civic Center District Zone. ANALYSIS: The Civic Center District ("CC") Zone, as originally adopted, was applied to the public lands and building that comprise Palm Springs City Hall, the Palm Springs Police Department and related government building on Tahquitz Canyon Way, El Cielo Road and Civic Drive. The CC Zone is used on no other properties in the City. The City Council recently considered that numerous other properties owned by the City 15 Planning Commission Staff Rep�< June 13, 2012 Case 5.1281 —Change of Zone Page 2 of 3 are developed with public uses (fire stations, public parking lots, cultural facilities and the like) but designated with commercial, residential and other zones. Further, the Council considered whether or not these properties would be more accurately zoned in a manner similar to the properties under the CC classification. In order to make the CC zone useful beyond the environs of City Hall, staff has proposed an amendment that would re-title the zone and alter certain of its development standards. As noted in the attached draft ordinance, staff recommends that the zone be titled the Civic Uses (CU) Zone. Further, staff proposes to clarify and amend the zone's development standards, as follows: 1. Add libraries to the list of permitted uses; 2. Delete offices, residential, restaurants and transportation facilities from the list of conditionally permitted uses; and 3. Restate the prohibition on all uses not specifically allowed. A separate Change of Zone (CZ) is being processed that would apply the amended CU zone to several city-owned and developed properties through the City. Required Findings In accordance with Section 94.07.01.A.2, any zone text amendment must be evaluated to determine if it is, "...consistent with the intent of this Zoning Code and the general plan..." Zoninq Code Consistency 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 land resources...". The amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands. Further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. General Plan Consistency The proposed zoning code amendment is consistent with the intent of the general plan, as follows: The intent of the General Plan is expressed in "The Palm Springs Vision" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, friendly and efficient public services within a government 16 Planning Commission Staff Rep,.., June 13,2012 Case 5.1281 —Change of Zone Page 3 of 3 that fosters unit among all our citizens; The proposed amendment to the Section 92.2300 et seq, includes re-titling the section from Civic Center District "CC" Zone to Civic Uses "CU" Zone and revising certain development standards which do not increase development densities. These amendments support the General Plan vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like. Further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. 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 propose zone text amendment (Case 5.1280 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. The proposed zone text amendment proposes only insignificant changes to the title and development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. NOTIFICATION: A public hearing notice was advertised in accordance with the requirements of State law and local ordinance. As of the writing of this report, staff has not received any commen 4 a' A wing, CP Dir or of PI ini g Services ATTACHMENTS 1. Draft Resolution and Ordinance 17 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION oeM City Council Meeting Date: July 11, 2012 Subject: CASE 5.1280 ZTA CIVIC CENTER DISTRICT ZONE TO CIVIC USES ZONE AFFIDAVIT OF MAILING I, Kathie Hart, Chief 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 June 28, 2012, 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. V-" Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun as a 1/8 page display ad on June 30, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. ILA Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached 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 on June 28, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. �Lwa.t Kathie Hart, CMC Chief Deputy City Clerk 18 MOO �RPETE �0RVZZ Nrmluu-. PAL0YSPR|N(�8 ��0DERNC0M��|TTEE !ocM mmm.m"~`omom�/sommm. .,,p�owm�s�v` `�./.xmm� p.0. BOX 4738 .x / mlif" 'll, PALM SPRINGS, CA92263'4738 CITY OF PALM SPRINGS CASE 51280ZTA gaff PLANNING SERVICES DEPARTMENT MR8.JOANNEBRUGSEMAN0 A7TN SECRETARY/5.1280ZTA 500VY.SANTACATAUNAROAD P0 BOX 2743 PALM SPRINGS, CA922h2 PALM SPRINGS, CA92103'2743 MS MARGARET PARK ASUACAi|ENTE BAND OFCAHU|LLA N0M �00NN0UNU q H MR|| |ND|AN0 5401 D|NAH SHORE DRIVE PALM SPRINGS, CA92204 SOBOBA BAND 0FLV|SEF4 LUEB8ENJ0HNSON&BARNHOU8EO |ND|AN� ' LLP ffl /QTN�J00EPHONT|VER0S || | � AlTN: R|CHARDCVVADE PARALEGAL |NUU|U� CULTURAL RESOURCES ��ANAGER 7424'm�TREET'Vy ' �v |V�||Y�UNK�|���« P.O. * m z.s�smw�xo . avamm�mn. . . LV8 RANCHOS DEALBUOUERDUE NMSANJAC|NTOCA92581 ` ' 87107 \ \ �� The Desert sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000325742 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: I'l Newspaper: .The Desert Sun # 6/30/2012 i I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the -- ; County of Riverside, State of California Case No. 191236. y, I declare under penalty of perjury that the foregoing is true and correct. Executed on this 30th day of June, 2012 in Palm Springs,California. Declarant'sAgnature _ tT nY 'sF 11") C7C, 1 Lai J � ryc a cv d `F N 2 s ) I kit 9.K CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: July 11, 2012 Subject: Ordinance No. 1808 & 09 - Summary AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries were published in the Desert Sun on July 26, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries were posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on July 26, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk CITY OF PALM SPRINGS ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE (CASE 5.1280 ZTA). City Attomey's Summary This Ordinance renames the Civic Center District Zone as the Civic Uses Zone and amends certain development standards to implement the purpose of the zone. ORDINANCE NO. 1809 AN ORDINANCE OF THE CITY COUNCIL OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF EIGHTEEN PARCELS FROM VARIOUS CURRENT ZONING DESIGNATIONS TO CIVIC CENTER DISTRICT (CIVIC USES) ZONE, CASE NO. 5.1281 CZ (CHANGE OF ZONE) CityAttomey's Summary This ordinance amends the Palm Springs Zoning Map to designate eighteen City-owned properties as Civic Center District/Civic Uses from their current zone designations. 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 Nos. 1808 and 1809 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 16, 2012, and adopted at a regular meeting of the City Council held on July 11, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.23.00, 92.23.01, AND 92.23.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO AMENDMENTS TO THE CIVIC CENTER DISTRICT ZONE (CASE 5.1280 ZTA). City Attorney's Summary This Ordinance renames the Civic Center District Zone as the Civic Uses Zone and amends certain development standards to implement the purpose of the zone. The City Council of the City of Palm Springs hereby finds: A. On May 16, 2012, the City Council initiated a Zone Text Amendment (Case 5.1280 ZTA) to modify the development standards and rename the Civic Center District "CC" Zone so that the zone would be appropriate for application throughout the City to properties developed for public uses. B. The proposed amendment is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and it has been recommended that the propose amendment be determined to be 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. C. A notice of public hearing of the Planning Commission of the City of Palm Springs, California for Case 5.1280 ZTA (Zone Text Amendment) was given in accordance with applicable law. D. On June 13, 2012 a public hearing of the Planning Commission was held to review said case, and at said hearing the Planning Commission 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 and voted to recommend a Categorical Exemption for the project under CEQA and recommend approval of the proposed amendments. E. A notice of public hearing of the City Council of the City of Palm Springs, California for Case 5.1280 ZTA was given in accordance with applicable law. Ordinance No._ Page 2 of 4 F. On July 11, 2012, a public meeting on Case 5.1280 ZTA was held by the City Council in accordance with applicable law, and at said hearing the City Council carefully 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. G. A Zone Text Amendment is adopted by ordinance and includes two readings and a thirty-day period before it is effective. H. An ordinance has been prepared for two readings before the City Council for the approval of Case 5.1280 ZTA. I. 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 land resources...'; and the amendment proposes to modify the existing Civic Center District "CC" Zone, which was established for lands developed for public uses, so that said zone may be more effectively applied to such lands; and further, the amended zone will allow for the adoption of a more accurate zoning map and thereby improve the orderly planned use of land resources. J. 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" 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 enhance our natural, cultural, and historical resources with sustainable economic growth and high style. - We provide responsive, friendly and efficient public services within a government that fosters unit among all our citizens; and the proposed amendment to the Section 92.23, including re-titling the section from the Civic Center District "CC" Zone to the Civic Uses "CU" Zone and revising certain development standards which do not increase development densities supports this vision by making provisions for a more accurate accounting of the City's public land uses such as fire stations, public parking lots, publicly-owned cultural facilities and the like; and further, with a more accurate zoning inventory of publicly owned lands and facilities, more responsive and efficient government services can be provided. Ordinance No._ Page 3 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Pursuant to CEQA, the City Council hereby determines that the propose amendment (Case 5.1280 ZTA) 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 development standards of a public uses zone, including the deletion of certain private uses and no increase in land use densities. Section 2. Section 92.23.00 of the Palm Springs Municipal Code is amended to read: 92.23.00 "CU" civic uses district zone. The CU district is intended to accommodate governmental uses, facilities, services, and incidental uses necessary to support governmental facilities. Section 3. Section 92.23.01 of the Palm Springs Municipal Code is amended to read: 92.23.01 Uses permitted. A. Uses Permitted. 1. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith; 2. Governmental facilities; 3. Museums, libraries, and cultural uses; 4. Nonprofit uses; 5. Public parking areas, not as an accessory to uses permitted in this zone pursuant to Section 93.06.00; 6. Public parks. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety, and welfare as other uses permitted in the zone as provided for in Section 94.01.00. C. Uses Permitted by Land Use Permit. Ordinance No._ Page 4 of 4 1. Child care center. D. Uses Permitted by Conditional Use Permit. 1. Uses permitted pursuant to Section 94.02.00.A.2 of this Code. Section 4. Section 92.23.02 of the Palm Springs Municipal Code is amended to read: 92.23.02 Uses prohibited. Any use not expressly permitted by Section 92.23.01 above is prohibited. Section 5. 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. Section 6. All properties in the City zoned Civic Center ("CC") District Zone on the date this ordinance becomes effective shall be deemed and designated on the City's Zone Map as Civic Uses ("CU") Zone District. 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. 1808 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 16, 2012, and adopted at a regular meeting of the City Council held on July 11, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1280 ZTA—ZONE TEXT AMENDMENT "CC CIVIC CENTER DISTRICT ZONE TO "CU" CIVIC USES ZONE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 11, 2012. 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 this hearing is to consider a recommendation by the City Planning Commission for a zone text amendment (ZTA) to re-title from "CC Civic Center District Zone to the "CU" Civic Uses Zone and modify certain development standards of said zone. ENVIRONMENTAL DETERMINATION: The project is proposed as Categorically Exempt from the terms of the California Environmental Quality Act ("CEQA") under Section 15305 (Minor Alterations in Land Use Limitations) of the Guidelines for the California Environmental Quality Act. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs between the hours of 8:00 a.m. to 11:00 a.m. and 2:00 p.m. to 6:00 p.m., Monday through Thursday and submit written comments at, or prior to, the City Council meeting. REVIEW OF INFORMATION: The staff report and other supporting documents regarding this are available for public review at City Hall between the hours of 8:00 a.m. to 11:00 a.m. and 2:00 p.m. to 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. COMMENT ON THIS APPLICATION: 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 Craig A. Ewing, AICP, Director of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. AL A-ames Thompson, City Clerk 19