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HomeMy WebLinkAbout1808 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. CityAttorney'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. 1808 Page 2 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. 1808 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) 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. 1808 Page 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. PASSED, APPROVED, AND ADOPTED this 11th day of July 2012. STEP EN P. POUGNET, AYOR ATTEST: AMES THOMPSON, CITY CLERK Ordinance No. 1808 Page 5 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. MES THOMPSON, CITY CLERK City of Palm Springs, California o9�os�Pa�Z