HomeMy WebLinkAbout1813 ORDINANCE NO. 1813
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 94.02.01D.3,
94.06.01.13.2 AND 94.04.00.E.2.a OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO DIRECTOR REFERRAL
OF MINOR PERMITS TO THE PLANNING COMMISSION.
CityAttorney's Summary
This Ordinance amends the procedural requirements for
Land Use Permits, Minor Architectural Approvals and
Administrative Minor Modifications to allow the Director of
Planning Services to refer applications for these permits to
the Planning Commission for action at the next regular
meeting of the Commission and in no more than 30 days.
The City Council of the City of Palm Springs hereby finds:
A. On November 22, 2011, the Planning Commission initiated a Zone Text
Amendment (Case 5.1273 ZTA) to modify the Zoning Code to allow the Director of
Planning Services the option of referring to the Planning Commission minor
development applications.
B. The proposed amendments are considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and the it has been
recommended that the proposed amendments 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 amendments propose only insignificant changes to the
procedural requirements of minor permits, and do not result in any increase in land use
densities; and.
C. A notice of public hearing of the Planning Commission of the City of Palm
Springs, California for Case 5.1273 ZTA (Zone Text Amendment) was given in
accordance with applicable law.
D. On July 11, 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.
Ordinance No. 1813
Page 2
E. A notice of public hearing of the City Council of the City of Palm Springs,
California for Case 5.1273 ZTA was given in accordance with applicable law.
F. On September 5, 2012, a public meeting on Case 5.1273 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 5.1273 ZTA.
I. The proposed zoning code amendments are 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 amendments propose to allow Planning Commission review of
those rare applications for minor permits (LUP's, MAA's and AMM's) that in the opinion
of the Director of Planning Service have potentially significant impact on the
neighborhood or community; and that these additional review options will enhance
community involvement in land use and thereby directly promote and protect the public
welfare and 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;
The amendments will help provide responsive and efficient government by
assuring that minor projects receive appropriately simpler reviews, while
major projects — even while processed under minor permits — receive greater
scrutiny in the most efficient and expedited manner.
Ordinance No. 1813
Page 3
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) are 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
amendments propose only insignificant changes to the procedural requirements of
minor permits, and do not result in any increase in land use densities.
Section 2. Section 94.02.01 D.3 of the Palm Springs Municipal Code is
amended to read:
3. After completion of the investigation, the director of planning and building
shall either approve the land use permit, subject to those conditions of approval
he may deem necessary, or refer the entire matter to the planning commission
for review and action. The Commission shall receive the matter at its next
regularly scheduled meeting and act within 30 days.
Section 3. Section 94.04.00.E.2.a of the Palm Springs Municipal Code is
amended to read:
a. Staff-Level Approvals. Minor architectural applications which are acted
upon by the director of planning services, or designee, shall include repaints,
reroofs, walls, fences, entry features, signs, sign programs landscaping plans,
minor grading plans, exterior lighting plans, and additions which do not increase
existing floor area by forty percent (40%) for single-family residential and twenty-
five percent (25%) for all other development subject to this section. The director
of planning services may consult with the planning commission architectural
advisory committee in review of minor architectural applications, or refer the
entire matter to the planning commission for review and action. The Commission
shall receive the matter at its next regularly scheduled meeting and act within 30
days.
Section 4. Section 94.06.01.13.2 of the Palm Springs Municipal Code is
amended to read:
2. Before the director may approve a minor modification pursuant to
the provisions of subsections (A)(9) through (A)(12) of this section, the
director shall find, based on evidence presented, that the modification as
approved will not have any detrimental effect on neighboring properties.
Before the director may approve a minor modification pursuant to the
provisions of (A)(4) through (A)(8) of this section, the director shall make
all of the following findings, based on evidence presented:
Ordinance No. 1813
Page 4
a. The requested minor modification is consistent with the
general plan, applicable specific plan(s) and overall
objectives of the zoning ordinance;
b. The neighboring properties will not be adversely affected as
a result of the approval or conditional approval of the minor
modification;
C. The approval or conditional approval of the minor
modification will not be detrimental to the health, safety, or
general welfare of persons residing or working on the site or
in the vicinity; and
d. The approval of the minor modification is justified by
environmental features, site conditions, location of existing
improvements, or historic development patterns of the
property or neighborhood.
The director shall make the decision in writing within five (5) days after the
filing of a complete application or after approval of the planning
commission. One (1) copy shall be mailed to the applicant and one (1)
copy shall be filed with the chair of the planning commission and the
director. The director may also refer the entire matter to the planning
commission for review and action. The Commission shall receive the
matter at its next regularly scheduled meeting and act within 30 days.
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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 19TH DAY OF SEPTEMBER, 2012.//�,�� � ,O
STEPHLON P. POUGNET, AYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1813
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1813 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on September 5, 2012,
and adopted at a regular meeting of the City Council held on September 19, 2012, by
the following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Foat,
and Mayor Pougnet.
NOES: Councilmember Mills.
ABSENT: None.
ABSTAIN: None.
AMES THOMPSON, CI Y CLERK
City of Palm Springs, California