HomeMy WebLinkAbout5/16/2012 - STAFF REPORTS - 3A PALM S.0
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CITY COUNCIL STAFF REPORT
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DATE: May 16, 2012
SUBJECT: INITIATION AND INTRODUCTION FOR FIRST READING OF AN ORDINANCE
FOR A ZONE TEXT AMENDMENT FOR THE CIVIC CENTER DISTRICT ZONE
AND INITIATION AND INTRODUCTION FOR FIRST READING OF AN
ORDINANCE FOR A CHANGE THE ZONE DESIGNATION FOR SEVERAL
CITY-OWNED PARCELS FROM THE CURRENT ZONING TO THE CIVIC
CENTER DISTRICT / CIVIC USES ZONE.
CASE: 5.1280 ZTA— ZONE TEXT AMENDMENT AND
5.1281 CZ— CHANGE OF ZONE
FROM: David H. Ready, City Manager
BY: Craig Ewing, AICP, Director of Planning Services
SUMMARY
The City Council is requested to initiate a Zone Text Amendment to the Civic Center District
Zone, and also a Change of Zone for several City-owned properties changing the current
zones to the Civic Center District Zone, as amended. Draft ordinance are offered for
introduction (first reading). By initiating and introducing for first reading, the City Council will
forward these draft ordinances to the Planning Commission for public hearing prior to returning
to the City Council for a public hearing and second reading.
RECOMMENDATION:
1. Initiate and introduce on first reading 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."
and
2. Initiate and introduce on first reading Ordinance No. , "AN ORDINANCE OF THE
CITY COUNCIL OF PALM SPRINGS, CALIFORNIA AMENDING THE ZONING MAP
TO CHANGE THE ZONING DESIGNATION OF (NUMBER) PARCELS FROM
VARIOUS CURRENT ZONING DESIGNATIONS TO CIVIC CENTER DISTRICT (CIVIC
USES) ZONE, CASE NO. 5.1281 CZ (CHANGE OF ZONE)"
BACKGROUND:
The City maintains an inventory of parks, parking lots and other lands developed with public
uses, facilities and features (see attached list). Presently, these lands are zoned based on
ITEM NO.
City Council Staff Report May 16, 2012
5.1275 CZ Change of Zone Page 2 of 2
surrounding uses, including commercial, residential and other zones. However, these
commercial and other zones do not specifically address or regulate public uses.
In reviewing the City's zoning districts, staff notes that the Civic Center District Zone expressly
targets public uses, but is presently focused on the Civic Center area around City Hall. Staff
believes that expanding the scope of this zone to encompass other public facilities around the
City would more carefully identify and regulate public facilities. Examples include public
parking lots, fire stations, the Plaza Theater, the Welwood Murray Memorial Library. Excluded
would be parks, open spaces uses and the Palm Springs International Airport, which all have
zones suited to their regulation and use.
Staff is recommending that the City Council modify the Civic Center District Zone to become
the Civic Uses Zone and apply it to these varied public sites. Two draft ordinances have been
prepared for initiation and introduction for first reading. Should the Council introduce these
draft ordinances, they would be scheduled for Planning Commission hearings before returning
to the City Council for a public hearing, second reading, and adoption.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the application has
been deemed "a project". An initial study will be prepared and circulated for a 20-day period
for public review and comments. Prior to final action on these proposed ordinances, the City
Council will conduct a review and certification of an environmental document.
NOTIFICATION:
No notification is required to initiate a Zone Text Amendment or Change of Zone.
FISCAL IMPACT: None.
F;7v- Cr ig A. Ewing, AICP, Thomas J. Wil4ihn,
Director of Planning Services Assistan C' y Manager
David H. Ready, City ger Doug la olland, City Attorney
Attachments:
1. Recommended List of Public Facilities and Lands for Re-zoning
2. Draft Ordinances
02
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.
City Attorney's Summary
This Ordinance renames the Civic Center District Zone as
the Civic Uses District Zone and expands its application to
civic, governmental, and cultural uses throughout the city.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. 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 2. 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
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Ordinance No._
Page 2 of 2
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.
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 3. 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 4. 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 5. 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
04
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE ZONING MAP TO
CHANGE THE ZONING DESIGNATION OF (NUMBER)
PARCELS FROM VARIOUS CURRENT ZONING
DESIGNATIONS TO CIVIC USES DISTRICT (FORMERLY
CIVIC CENTER) ZONE, CASE NO. 5.1281 CZ (CHANGE
OF ZONE)
City Attorney's Summary
This Ordinance rezones certain specified properties to the
Civic Uses District (CU) Zone (formerly the Civic Center
(CC) District Zone).
WHEREAS, On May 16, 2012, the City Council initiated and introduced for first
reading an ordinance for a Change of Zone for certain specific parcels from their
current zoning designation to Civic Uses District Zone (CU), as follows:
Property and Location Current Zone
Plaza Theater (128 S. Palm Canyon Drive) CBD
Convention Center (277 North Avenue Caballeros) PD 164
Fire Station No. 1 (277 N. Indian Canyon Dr.) CBD
Fire Station No. 4 (1300 Laverne Way) R1C
Welwood Murray Library (100 S. Palm Canyon Drive) CBD
McManus Village (211-233 S. Palm Canyon Drive) CBD
Downtown Parking Garage (275 S. Indian Canyon) CBD
Visitor Center (2901 N. Palm Canyon Drive) ESA-SP
Jackie Lee Houston Plaza (APN 009-609-883) HDR
Cork n Bottle (342-344 N. Palm Canyon Drive) CBD
Prairie Schooner Parcel (APN 508-055-008, 009, and 007) RA
PSL-15 Subleasehold (S/E corner Amado Rd &Avenida Cabelleros RA
Casa del Camino Property (APN 505-182-004) C1
McKinney Parcel (190 West Sunny Dunes) C2
Catholic Church Parking Lot (N/W corner Alejo & Belardo) R2
Blue Coyote Parking Lot (APN 513-082-023 & 040) CBD
Vineyard Parking Lot (APN 513-153-015, 016, & 025) CBD
Food Court Parking Lot (APN 513-082-043) CBD
Desert Hotel Property (285 N. Indian Canyon Drive) CBD
Henry Frank Arcade Parking Lot (261-265 N. Indian Canyon Drive) CBD
Convention Center Parking Lot (APN 508-023-012. 013, &014) HDR
WHEREAS, the proposed project is considered a "project" pursuant to the terms
of the California Environmental Quality Act ("CEQA") An Initial Study was
conducted and the project was found to cause no potentially significant impacts
05
Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 2 of 5
to the environment. A Notice of Intent to Adopt a Negative Declaration was
prepared and circulated for public comment for a period of 20 days. No new
information was discovered during the comment period that would require further
analysis under CEQA; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of
Palm Springs, California for Case 5.1281 CZ (Change of Zone) was given in
accordance with applicable law, and
WHEREAS, on 2012, a public hearing of the Planning Commission
was held to review said case and
WHEREAS, 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 adoption of the Negative Declaration by the
City Council and to recommend approval of Case 5.1281 CZ, and
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs, Califomia for Case 5.1281 CZ was given in accordance with applicable
law; and
WHEREAS, on , 2012, a public hearing on Case 5.1281 CZ was held
by the City Council in accordance with applicable law; and
WHEREAS, 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, and
WHEREAS, a Change of Zone is adopted by ordinance and includes two
readings and a thirty-day period before it is effective; and
WHEREAS, an ordinance was prepared for two readings before this Council for
the approval of Case 5.1281 'CZ.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Negative
Declaration as an adequate analysis of the potential environmental
impacts of the proposed Change of Zone.
SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of Zone), the
City Council hereby makes the following findings in support of the
requested change of zone:
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Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 3 of 5
1. The proposed change of zone is in conformity with the general
plan map and report. Any amendment of the general plan
necessitated by the proposed change of zone should be made
according to the procedure set forth in the State Planning Law
either prior to the zone change, or notice may be given and
hearings held on such general plan amendment concurrently with
notice and hearings on the proposed change of zone.
The proposed changes from C-B-D, C-2 (etc.) to Civic Uses District conforms to
the General Plan Land Use Designations of Central Business District,
Neighborhood Community Commercial (etc.) because the proposed Civic Uses
District zone allows uses on the subject sites, including parks, public parking and
other civic-oriented uses, which are permitted in the applicable General Plan
Land Use Categories, and further support and serve the General Plan Land Uses
Categories of the adjacent and surrounding properties.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel,
relationship to similar or related uses, and other
considerations deemed relevant by the commission and
council.
The subject properties are presently developed with parks, parking lots and other
civic-oriented uses, including appropriate accessory uses, access ways and
buffers. The proposed Civic Uses District zone specifically allows public uses
and uses accessory thereto. The properties are therefore suited for the uses
permitted in the proposed Civic Uses District zone.
3. The proposed change of zone is necessary and proper at
this time, and is not likely to be detrimental to the adjacent
property or residents.
The change of zone to the Civic Uses District zone is necessary and proper in
that the proposed zone is specifically designed to identify and regulate the public
uses in which the subject properties are presently developed. The proposed
Civic Uses District zone will not introduce any new uses not presently allowed in
the current zones, but instead assures that parks, public parking and other public
facilities are available to serve adjacent and surrounding land uses.
SECTION 3. Pursuant to California Law, an ordinance was prepared for two
readings before Council for the approval of Case 5.1275 CZ and a
thirty-day waiting period before the approval of Case 5.1275 CZ
becomes effective.
07
Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 4 of 5
SECTION 4. In accordance with the provisions of the City's Zoning Ordinance,
the zone district designation of the following properties are hereby
changed to the Civic Uses ("CU") District and adopted as
amendments to the City's Zone Map:
Plaza Theater (128 S. Palm Canyon Drive)
Convention Center (277 North Avenue Caballeros)
Fire Station No. 1 (277 N. Indian Canyon Dr.)
Fire Station No. 4 (1300 Laverne Way)
Welwood Murray Library (100 S. Palm Canyon Drive)
McManus Village (211-233 S. Palm Canyon Drive)
Downtown Parking Garage (275 S. Indian Canyon)
Visitor Center (2901 N. Palm Canyon Drive)
Jackie Lee Houston Plaza (APN 009-609-883)
Cork n Bottle (342-344 N. Palm Canyon Drive)
Prairie Schooner Parcel (APN 508-055-008, 009, and 007)
PSLA 5 Subleasehold (S/E corner Amado Rd &Avenida Cabelleros
Casa del Camino Property (APN 505-182-004)
McKinney Parcel (190 West Sunny Dunes)
Catholic Church Parking Lot (N/W corner Alejo & Belardo)
Blue Coyote Parking Lot (APN 513-082-023 & 040)
Vineyard Parking Lot (APN 513-153-015, 016, & 025)
Food Court Parking Lot (APN 513-082-043)
Desert Hotel Property (285 N. Indian Canyon Drive)
Henry Frank Arcade Parking Lot (261-265 N. Indian Canyon Drive)
Convention Center Parking Lot (APN 508-023-012, 013, &014)
SECTION 5. Effective Date: This Ordinance shall be in full force and effect thirty
(30) days after passage or the date on which Ordinance No. _
becomes effective, whichever event occurs last.
SECTION 6. Publication: The City Clerk is hereby ordered to and directed to
certify to the passage of this Ordinance, and to cause the same or
summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED this th day of , 2012.
MAYOR
ATTEST:
City Clerk
CERTIFICATION:
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Ordinance No. April 11, 2012
Case 5.1275 Change of Zone Page 5 of 5
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. _ is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
09