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HomeMy WebLinkAbout2006-06-28 CALL AND NOTICE OF SPECIAL MEETING CALL AND NOTICE OF SPECIAL MEETING CITY COUNCIL CITY OF PALM SPRINGS WEDNESDAY, JUNE 28, 2006 TO: Mayor Oden, Mayor Pro Tem Foat Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs will conduct Special Meeting at 6:00 p.m., or as soon thereafter as possible (immediately following the City Council Study Session), Wednesday, June 28, 2006, in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, for the following purpose: LEGISLATIVE: 3.A. INTERIM URGENCY ORDINANCE PROHIBITING STREET LEVEL OFFICES IN THE HISTORIC VILLAGE CENTER, AND ALLOWING STREET LEVEL FINANCIAL INSTITUTIONS 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: RECOMMENDATION: 1) Receive Public Comment; 2) Waive reading of the Ordinance text and adopt by title only; and 3) 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.) NOTICE IS FURTHER GIVEN, that the public will be given the opportunity to speak at this meeting only on the matter specified in this Call and Notice of Special Meeting. AFFIDAVIT OF POSTING I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Call and Notice of Special Meeting was delivered to each member of the Palm Springs City Council, and was posted at City Hall on June 26, 2006, as required by established policies and procedures. da es Thompson, City Clerk O�F A LM s,0 iy c U N 4 } RRaRntE 'V C40FOR��P CITY COUNCIL STAFF REPORT DATE: June 28, 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 INSTUTUTIONS 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 INSTUTUTIONS 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.) 513409 1 City Council Staff Report June 28, 2006 -- Page 2 Ordinance Street Level Office; Historic Village Center STAFF ANALYSIS: 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 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 513409,1 City Council Staff Report June 28, 2006 -- Page 3 Ordinance Street Level Office; Historic Village Center 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. The proposed interim urgency ordinance would be in effect for an initial period of 45 days. A report will be submitted to the Council before the expiration of the interim ordinance and the Council can consider whether the interim ordinance should be 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 Ma age Attachment: Proposed Ordinance 513409 1 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.) 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, subdivision map, 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 described in Section 92.09.00.13 in the Zoning Ordinance 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 established 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 is not more than 2,500 square feet or 25% of the total floor area of the street level area of the affected building, whichever is the lesser floor area; and B. The Planning Commission, or if appealed, the City Council, makes all of the findiings specified in Section 94.02.00 6.6 of the City's Zoning Code. SECTION 4. The provisions of Subsections A.37, C.1.o, and D.11 of Section 92.09.01 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. Office and financial institutions shall be permitted on levels of a building that are not at street level or front a street within the historic village center. 1 513431 1 SECTION 5. 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 (C-D-B) Zone, 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 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 any related analysis on the impacts of such construction and conversions. SECTION 6. 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 2 513,131 1 measures which the City has taken to address the conditions which led to the adoption of this ordinance or any extension. SECTION 7. 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 8. 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 ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 3 513431 1 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 5 U431 1 No, 2273 ORDINANCE NO. 1692 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS PROHIBITING "1 STREET LEVEL OFFICES IN THE HISTORIC L ii _ VILLAGE CENTER IN THE C-n-D ZONE AND I 0° P • L P t S f �1-it. TUITIONS IN NG THE HISTO IC VIILL�GE CENTER IN THE C-B-D ZONE SUBJECT TO A CONDI- M5t �RQ9F QF PUBLICATION •rhl5 DAYS PEUSE NDINGRITH�FCOMPLETION OF^A JUL 1 STUDY OF THE EFFECTS OF STREET LEVEL � V 1.5.5.C.C.P) OFFICE AND FINANCIAL INSTITUTION USES IN THE HISTORIC VILLAGE CENTER OF THE �+I ' J o �'ii- CITY AND THE ADOPTION OF ANY AND ALL GI j V CLDiv h AMENDMENTS DNRELEANTED LAND USESREGULI ZONING (4/5THS VOTE REQUIRED.) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ORDAINS: SECTION 1. This interim urgency ordinance Is adopted pur.,Uant to Section 8585fi of xhe Caller- STATEnia Government Coda and pursuant to the Clty's OF CALIFORNIA authority over maners of local concern as a char- County of Riverside fur city SECTION 2 The City of Palm Springs shall npl Issue or approve any general flan amendment, specific plan, zone channo, bu,l:Ing permit, con- ditlonal use permit, varlanco, planted develop. I ment pl rinit, precisso plan of design 9UbdIv1slon map;or other land use onMlement for the eon- strucllon of or the conversion of nzlstingg uses to .Tree, level office use or financial III utlon use within that portion of the Central Business i I am a citizen Ofthe United States and a resident of Zane of the CA6y_dnscnnad In Soclion 02,1101,11 the County aforesaid;I am over the age of eighteen Center,except asaotherwisesprovided inrl11112 Inter- years, and not a party to or interested in the Im urgency ordinance. above-entitled matter.I am the principal clerk of a SECTION 3.Duda❑. the teen of this interim urgen- cy ordinance, t e enclal level rwtion use may be cstabdinan e, the sliest level utioni the may ric be Villarlu Center subject To a conditional Uee permit COMPANY a newspaper of general circulation, and'only sublets to the following conditom, printed and published in the city of Palm Springs, A. The total floor area Of the pro used mnanclal County of Riverside,and which newspaper has been ! Institution use i not more than 2 spoo square feel or 25% of the total floor area of lh, ,nreei level adjudged a newspaper of general circulation by the area of the affected building, whichever Is the Superior Court of tine County of Riverside,State of loser}loci area; and California under the date of March 24,1988. B.The Planning Commission, or If appealed the Case City Council,mikes all of the fir gs specified,n Number 191236;that the notice,of wll the Soctpn 5a.02.00 B 8 of The Cil 2on,ng Code, annexed is a printed cagy(set in type not smaller SECTION a Tl,e provisions of Subsectona A 37, C 1 v, slid ❑.11 of SecTlon 92.09 01 of the City s than lion panel,has been published in each regular Zoning Code shall be dcumed suspended Intl no and entire issue Ofsaid an newspaper and not in Ienyar In forco or effect during the term of fh,^ 0 y Interim urgency ordmince,Office and financial in- supplement thereof on the followingdates,to wit: stltutions $na11 be per-I on levels of a bulld- Insg that are not at sweet lov,•I or front a*trot within ilia Msmric village center. July 11"',2006 SECTION S.The City Council hereby finds,detcn mines, and declares th.lt this Interim urgency or- dinance adapted pursuant To California Goveln- memi. Code xcuon 6SS68 Is rncessary,boeauee: ............................................... A. The City'^• Central Busmess District (C-D-B) Zone,Is Intended to be primarily cominercllal retail All in the year 2006 In character, with rolalcd hotels, multiple-family dwellings, and service office, cultural and iii tional uses m a be a compact, lively supponlnq role The central busi- ness district Is Intended Po I certify(or declare)under penalty of perjury that the fictive Intensively used area cataring to padustrr foregoing is true and correct. ans and pedestrian activities. Plar led walkwayyp, covered walks and open plazas that provide for sitting dining, conversing, gathering and window shopping are permitted and encouraged in the Dated at Palm Springs,California this---11°i,---day central business district zone. The-City: hLTorlc 'village center,' vilcn Is a sub-area wlihrn-thu cen- tral business district, Is Intended to serve au the Of--------Jul .....—. ----- 2006 cantor or the downtown with ins primary econom- """"^- , Ic activities focusing on specialty retail, restau- rants and entertalnmant. B.The Qly's current General Plan and the Com- muri Redevelopment Plans encourage street oval retail commercial entorta,nmem,and resl _ _ rant uses In the historic village cenrer. It Is antln- -�- --- """ --�---IT i pated that the general plan update, currently in y Sig 8ture Y- process will contaln polices and program: list well 1UrTller encourage street level retail come clal entarlainment,and restaurant uso':in the his- Aerie village confer. C The historic village center exporiences turnover of among m0ilers which rs a common fcil In any collection of.,mall commercial shops.One rQ- suit is that vacant torrent spaces are pare of the Ida of established downtowns, Including Ilia va- cJnciea In hinelble ly-vi street front store,'In cer- \• lain pans of'Palm Spring's historic villagqe centeq some stores have rnmolned vacant for many months and landlords arc motivated to ucafi any tenant to fill the space. Recently, office Tenants have boon Introduced into street front retail stores and the character of the historic village center as a destinul for retail ehoppinqq and cn- Tertalnmonl has been diluted. In order fo ensure thv ulabillry and vibrancy of a pedestnan fnentlly stall, entalt aInment, and restaurant nlsmric vll- laya center v provldod for m the City": Zarin Ordinance and lee Clty's adopieU pfans and pole OF' sliest level uses should be Ipmrzad to tom- , Inerclel rcl"I[, entertainmi;nl and rastaur;mt uses and general and professional off a..and financial Inetitutlan use. should be discouraged and limit - I etl. D. Over the last several morlhs, existing street level recall commercial )-as have been convened to general and cammereml oftice uses•and the re- . tall commdrersl use: have been lost.This toner. Sian of street level recall commercial uses to office use:,have signlilcantly eroded file vitality and economic health of the historic vlllaou terrier and adversely alfccTed the artracrivcness of lint hlstor- Ic village cantor as a pedtstrlen friendly environ- ment E.The conversion of street levol retail commercial space to offlce aces preseri an immediate throat to the public health, safety, and welfare In that the City currently has lin-I supply 01 street Icvel recall space. In the historic village cantor.The City ini to bludyy the economic and irri Im- pacts at convening strool level rct:ul commercial uses To office uses,md the construction of street level office uai,s In the historic vill.3ge center and to proppose amendments to the C municipal code to address theca Impacts. Thltyy's o CITY must prohibit the construction ot,and the conversion of STreet level retail commercial uses to, street level - — office uses Willie staff completes ITS land use "- ---- studies and any related analysts on Me imposts , of such construction and conversions. SECTION 6. Ten days prior To the expiration of this Interim urgency ordinance, and any extension - - thereof, the Cily Cpuncil :hall IS.,ae a wril re- ?or:describing the measure;which the Clty has taken to address the conditions which Iud To the adoption of this ordinance or any extension. SECTION 7 This interim urgency ordinance shall take effect Immedlately upon Its adoption by a lout-fifth:: (4/S) vole of the City Council. This in- terim urgenty ordinance shall continue in effect for fprly-five (45) days from me cafe of ITs idop- ion and*hall Thercuffar b3 of no further force and effocT unless, after notice pursuanT to CallTornia Government Cade Section 65090 'irid a publlc hearing, this City Council extends this inl,erlm ur- ppprsuantrto California Gow riil molt Code 5oc{icn G5858. SECTION B. If any section, subsection, subdivi• sorr. pan9raph, sentence, ciau;e or phrase In this Ordinance or any part thereof i5 for any res- son held to be uncanstltutitmal ci'Invalid,or Inef- fechve by any court of compcL;nt urisdiatlon such doeaeTlon shall not affect the valid Ty of auc- tivii,ness of ll1e remaining orti0ns of this• Ordl- hence or any port thereof She City Council hare- by declares that it would have pesscd This Ordi= nonce and each section, subsecton, subdivision sentence, clause mnd phrase Thereol, Irrespective of the foot That any one or more sections sub- sections, sdgtlivlsionii, sentences, ciauuea or phra*es be declared unconsTltutlonal. PASSED,APPROVED, AND ADOPTED this Seth day of June 2005. ��li�c f�OOU�v1P.YPH ivi TEST: APPROVED AS TO FORM: TiODU SLA HCL=-CITY�C)RNl:T STATE OF CALIFORNIA) COUNTY OF ORANGE �s CITY OF PALM SPRINGS) I James Thompson, Clty Clerk of the City of Palm Springo, California, DO HEREBY CERTIFY That the foregoing Ordinance No. 1692 was duly introduced, adopPted and passed as an urggency ordinance at a qe urar MiceTing of the City Coun- cil held on the 281h day of June 2006, by the fol- lowing Vote.To wit: AYES: CouncllmoMbers McCulloch, Mills. Pougnet. and Mayer Pro Tem Post NOES. None ABSENT: Mayor Odan ABSTAIN. None - C J�Af E"-TFI JC MF$OIJ, 'I I LLIiR Published:7/11/2000