HomeMy WebLinkAbout7/6/2011 - STAFF REPORTS - 1D Page 1 of 2
Jay Thompson
From: Craig Ewing
Sent: Wednesday,July 06, 2011 9:09 AM
To: Jay Thompson
Subject: FW: Religious Institutions ordinance
Jay,
We received the following e-mail from Rev. Kevin Johnson regarding tonight's public hearing on
religious institutions. Please print to Council. Thanks.
Craig A. Ewing,AICP
Director of Planning Services
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
760-323-8269
"Go all the way, then come back."
- Harley Earl
From: Kevin Johnson [mailto:revkev@bloominthedesert.org]
Sent:Tuesday,July 05, 2011 6A3 PM
To: Craig Ewing
Subject: Religious Institutions ordinance
Dear Mr. Ewing
Thank you for inviting me to meet with you today. I continue to be interested in learning
of the activity on the Palm Springs zoning ordinance regarding religious institutions. I
appreciate the sensitivity to language and Federal guidelines intended to treat the
various religious traditions equally.
However, I am concerned about the actions pending and possible outcomes pertaining
to requiring conditional uses permits for all religious institutions locating in any area of
Palm Springs. This action will require costly processes in time and financial resources
for religious institutions whenever they are considering any Palm Springs locations.
It would benefit organizations covered by the ordinance to have some time for study it
and provide you with helpful feedback. I think it would be good to do some outreach to
Palm Springs religious institutions meeting in non-traditional spaces that might want to
move to their own space. It appears that they would be impacted by the costs and
process that the revised ordinance as proposed will require. I suggest it would be better
for future actions to get more community information now.
Therefore, I ask that you request the city council members to continue this item for a
suitable period of time to enable additional religious community input.
Please let me know if this is possible.
If I need to be at the Council Chambers to speak tomorrow night at the public hearing, I
can do that as well.
p '7`ob�101 �
7/6/2011
Page 2 of 2
Thank you very much.
KAJ
Rev. Kevin A. Johnson,pastor
Bloom in the Desert Ministries
United Church of Christ&Reconciling Methodist
Land: 760-416-0197
Cell: 760-333-1221
Mail/Office: 3155 E. Ramon Road, #802
Palm Springs, CA 92264-7977
www.bloominthedesert.org
7/6/2011
PALM SAP
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r4`'FOR \V1 CITY COUNCIL STAFF REPORT
DATE: July 6, 2011 PUBLIC HEARING
SUBJECT: Case No. 5.1211— ZONE TEXT AMENDMENT TO AMEND POLICIES
AND STANDARDS FOR OUTDOOR DISPLAY IN COMMERCIAL ZONES
AND RELIGIOUS INSTITUTIONS THROUGHOUT THE CITY
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
An amendment to the Palm Springs Zoning Code is proposed regarding the regulation
of outdoor accessory uses ("outdoor display") in commercial zones and the definition of
"religious institutions" throughout the City. This report provides an analysis of the two
issues and the Planning Commission's recommendation for each. A public hearing is
required.
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. Introduce on first reading ordinance no. , "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.09.01, 92.12.01,
92.13.01 AND 92.14.01 OF THE PALM SPRINGS ZONING CODE RELATING
TO OUTDOOR USES, AND 91.00.10, AND ALL OTHER SECTIONS OF THE
PALM SPRINGS ZONING CODE RELATING TO CHURCHES AND RELIGIOUS
INSTITUTIONS."
PRIOR ACTIONS
On September 3, 2008, the Planning Commission conducted a study session on the
subjects and initiated a Zone Text Amendment to consider revisions regarding outdoor
accessory uses in commercial zones and "churches", as used in the Code.
ITEMI NO. ��
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 2 of 6
On October 22, 2008, the Planning Commission conducted a public hearing and
adopted a resolution recommending a Zone Text Amendment to revise the regulations
regarding outdoor accessory uses in commercial zones and "churches".
On May 11, 2011, the Planning Commission continued two separate applications for
Land Use Permits for outdoor display in the C-B-D zone (LUP 11-024 / 301 N. Palm
Canyon Drive, and LUP 11-025 / 123 N. Palm Canyon Drive).
On June 8, 2011, the Planning Commission conducted a public hearing on the
proposed amendments and adopted a resolution recommending that the Zoning Code
be amended as noted in the attached draft ordinance.
ANALYSIS
This proposal addresses two proposed amendments to the Zoning Code. The first
addresses how merchants may seek approval for the outdoor display of goods in the
Central Business District, C-1 and C-2 zones. The second amendment introduces a
more generic definition for places of worship, replacing the word "church" with "religious
institution".
Land Use Permits— Outdoor Accessory Uses
Presently, the Zoning Code allows merchants in the Central Business District (C-B-D),
C-1 and C-2 commercial zones to display a limited set of commercial products outside
their shops, subject to approval of a Land Use Permit (LUP). Included in this list are:
Plants and floral displays, postcard racks and vending carts limited to food, beverages,
crafts and floral items (see attached zoning code excerpt). The LUP is used to regulate
the size, type and location of the display to assure that full access is provided to patrons
and passersby, as well as to assure that the display materials are appropriately sized,
designed and maintained.
The Zoning Code also allows the issuance of a Land Use Permit for vending carts that
display other goods beside food, beverages, crafts and floral items, subject to approval
by the Planning Commission. In short, the Code allows a wide variety of items to be
displayed in vending carts, but only after a higher lever of review is performed
(Commission approval, instead of staff).
Recently, staff and the Commission have been petitioned by merchants seeking
approval for outdoor display of other products which do not lend themselves to
placement on vending carts: Books and electric bicycles. The amendment would give
the Commission the authority to consider such requests.
The current language for C-B-D, C-1 and C-2 zones identify the Commission's authority
on the last line of the following typical sub-section (emphasis added):
Outdoor uses as an accessory to a permitted main use and located on the same
property as the permitted use:
a. Art displays;
b. Artisans, artists;
02
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 3 of 6
C. Car shows;
d. Christmas tree sales not as an accessory use to a main use;
e. Display cases in malls or courts;
f. Farmers market;
g. Fashion shows;
h. Festivals, exhibits and special events;
i. Florists;
f Musicians/entertainment (subject to provisions of noise ordinance);
k. Outdoor dining including beverage service;
L Plant and floral sales and displays;
M. Postcard displays (limited to one per store frontage);
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii, Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
The proposed amendment would provide new opportunities for merchants to create
interesting and attractive outdoor displays for a wider variety of product. The specific
change recommended by the Planning Commission would have the above sub-section
conclude as follows:
M. Postcard displays (limited to one per store frontage);
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
p. Other uses as determined by the planning commission.
As noted above, this broader allowance for outdoor display would still be subject to
Planning Commission review so that the issues of design, size, location and relationship
to surrounding properties (avoiding potential clutter) could be reviewed and addressed.
Churches and Religious Institutions
At present, all religious institutions in the City are named "churches" in the Zoning Code.
Further, churches are defined in the Zoning Code as structures dedicated to worship:
"Church" means a permanently located building commonly used for
religious worship, fully enclosed with walls (including windows and doors)
and having a roof (canvas or fabric excluded) and conforming to
applicable legal requirements affecting design and construction.
Staff believes that the current wording does not reflect how many religious traditions
describe their facilities or practices. Most modern zoning codes avoid the use of terms
03
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 4 of 6
which imply a particular religious faith or practice. Further, the City's definition focuses
on a "building commonly used for religious worship...", yet many smaller religious
groups are seeking worship space within industrial or commercial complexes which are
not commonly used for worship.
Staff also notes that the City must take account of the federal "Religious Land Use and
Institutionalized Persons Act" (RLUIPA) of 2000, which requires that the City do the
following with regarding to religious institutions and the City's zoning powers-
1. Make adequate provisions for churches and other religious institutions so
that these uses are not unreasonably limited within the City.
2. Assure that any regulations directed at religious institutions are based on
indirect impacts of the use — traffic, noise, etc. — rather than regulating the
use itself.
3. Assure that the regulations are applied uniformly among religious
institutions, other non-commercial, and commercial activities.
Staff believes that the City's Zoning Code should be brought up to date with regard to
regulating religious institutions as a land use, while remaining sensitive to RLUIPA. In
order to accomplish these objectives, staff recommends that a definition be created for
the phrase, "religious institution":
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
The Planning Commission also considered the zones within which churches are presently
permitted or conditionally permitted, as shown on the next page. In addition, it should be
noted that Churches are not currently permitted in the following zones:
P — Professional
C-B-D — Central Business District
C-D-N — Designed Neighborhood Shopping Center
C-1AA— Large-scale Retail Commercial
C-M — Commercial Manufacturing
E-I — Energy Industrial
A -Airport
Further, churches are specifically prohibited in the N and W overlay zones, and the O
zone. The chart on the next page summarizes the current status of churches as a land
use in the City's zone districts.
04
i
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 5 of 6
Zone Allowed by Right Allowed by CUP Prohibited
G-R-5 X
R-1 X
R-G-A X
R-2 X
R-3 X
R-4 X
R-MHP X
P X
C-B-D X
C-D-N X
C-S-C X
C-1 X
CA AA X
C-2 X
H-C X
C-M X
M-1-P X
M-1 X
M-2 X
E-I X
A X
N X
O X
U-R X
Allowed only on Major or Secondary Thoroughfares
2 Allowed only on sites of 2 acres or more
3 Free-standing only
4 Allowed only with a Planned Development District
The Commission recommended that religious institutions be permitted anywhere in the
City subject to a Conditional Use Permit (or Planned Development Permit). The primary
effects would be twofold:
1. Eliminate the "by right" allowance for religious institutions in the C-2, H-C, M-1
and M-2 zones, and
2. Allow consideration of religious institutions in R-MHP, P, C-B-D, C-D-N, CAAA,
C-M, E-I, A, N and O zones.
Staff has concluded that the Commission's recommendation provides greater oversight of
religious institutions, but that removing the "by right" status in the C-2, H-C, M-1 and M-2
zones may be unduly restrictive. Of greater concern to staff, however is that certain
zones may be inappropriate for religious institutions at all due to the underlying character
of the zone, especially the Airport (A), "N" (Noise Impact and Nonsuit Covenant
Combining Zone), and W (Watercourse) zones. Staff notes that commercial and other
zones are of lesser concern, as specific sites within these zones may be acceptable for
religious institutions if properly conditioned through the CUP. Staff is recommending a
n�J
City Council Staff Report July 6,2011
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses& Religious Institutions Page 6 of 6
modification of the Commission's recommendation: To specifically exclude religious
institutions from the Airport, Noise Impact and Watercourse zones.
ENVIRONMENTAL DETERMINATION
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance text amendment and determined that it is Categorically Exempt under
Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the
Implementation of the California Environmental Quality Act. The proposed amendment
does not result in any changes in land use or density.
FISCAL IMPACT:
None.
�• f� n
Craig A. EwinICP, Tom A. Wilson,
Dir. of Planning"Services Asst. City Manager, Dev't Services
David H. Ready,
City Manager
Attachments:
1. Draft Ordinance —Zone Text Amendment— Massage Use in Commercial Zones
2. Planning Commission Staff Reports and Meeting Minutes (excerpts);
a. September 3, 2008
b. October 22, 2008
c. May 11, 2011 (Land Use Permit requests), and
d. June 8, 2011
3. Planning Commission Resolution No. 6205
'J ri
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 92.09.01, 92.12.01,
92.13.01 AND 92.14.01 OF THE PALM SPRINGS ZONING
CODE RELATING TO OUTDOOR USES, AND 91.00.10,
AND ALL OTHER SECTIONS OF THE PALM SPRINGS
ZONING CODE RELATING TO CHURCHES AND
RELIGIOUS INSTITUTIONS.
City Attome y's Summary
This Ordinance modifies how "outdoor uses"may be allowed
by the Planning Commission in certain commercial zones,
establishes a definition for "religious institutions" and allows
"religious institutions" to be established in most zones,
subject to a Conditional Use Permit.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. The following Sections shall be revised to allow "outdoor uses" to include
"Other uses as determined by the planning commission" and deleted from "vending
carts dispensing the following": Sections 92.09.01.C.2, 92.09.01.C.3, 92.09.1.C.4 (C-13-
D Zone), 92.12.01.C.2, 92.12.01.C.3, 91.12.01.C.4 (C-1 Zone), 92.13.01.C.2,
92.13.01.0.3, 92,13.01.C.4 (C-1AA Zone), 92.14.01.C.2, 92.14.01.C.3 and 92.14.01.C.4
(C-2 Zone).
Section 2. Sections 91.00.10 shall be amended to include the following definition:
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
Section 3. Sections 92.00.01.0 (G-R-5 Zone), 92.01.01.D (R-1 Zone), 92.02.01.0 (R-
G-A Zone), 92.03.01C (R-2 Zone), 92.04.01.D (R-3 Zone), 92.05.01.D (R-4 Zone),
07
92.11.01.D (C-S-C Zone), 92.12.01.0 (C-1 Zone), 92.14.01.A (C-2 Zone) shall be
amended to delete the word "churches" and renumbered accordingly.
Section 4. Section 94.02.00.A.1 shall be amended to read, as follows:
1. The following uses may be permitted subject to the provisions of this
section. The commission shall review and approve or disapprove the
use. The commission's action shall be final unless appealed to the
council.
a. Uses listed in the zones as "Uses Permitted by Conditional Use
Permit".
b. High-rise buildings permitted by a zone's development standards,
and pursuant to Section 93.04.00.
c. Religious institutions in any zone, except in the "A" (Airport), "N"
(Noise Impact and Nonsuit Covenant Combining Zone), and W
(Watercourse) zones
i
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 this day of 2011.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
Planning Commission Minutes
June 8,2011
3D. Case 5.1211 ZTA - An application by the City of Palm Springs to
amend the Palm Springs Zoning Code relating to the establishment of
policies and standards for outdoor accessory and religious
institutions.
Director Ewing provided background information as outlined in the staff report
dated June 8, 2011.
Chair Caffery opened the public hearing and with no appearances coming
forward the public hearing was closed.
Vice Chair Donenfeld expressed concern with losing the qua* of the display by
allowing everything and having a carnival atmosphere. +ie preferred the
Planning Commission have the discretion In keeping with what Palm Springs
should be.
Commissioner Conrad requested staff research the number of outdoor displays
that have been issued.
Commissioner Roberts spoke in favor of the Commission reviewing outdoor
displays and questioned the possibility of reViewing non-permitted displays.
Director Ewing responded that code enforcement pro-actively patrols the
downtown area and the applicant is notified of non-permitted outdoor displays.
Chair Caffery expressed concern that outdoor displays are completely out of
control especially on weekends.
ACTION: To adopt draft resolution and recommend approval to the City Council.
Motion J.R. Roberts,seconded by Doug Donenfeld and carried 6-1 on a roll
call vote.
AYES: Leslie Munger, Tracy Conrad, Doug Donenfeld, Doug Hudson,
Philip Klatchko, and J.R. Roberts.
NOES: Chair Caffery.
(9g
RESOLUTION NO. 6205
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SECTIONS 92.09.01, 92.12.01, 92.13.01 AND
92.14.01 OF THE PALM SPRINGS ZONING CODE RELATING TO
OUTDOOR USES, AND 91.00.10, AND CERTAIN OTHER SECTIONS
OF THE PALM SPRINGS ZONING CODE RELATING TO CHURCHES
AND RELIGIOUS INSTITUTION
WHEREAS, Section 93.20.00 of the Palm Springs Zoning Ordinance establishes
regulations for the design, placement and use of signs; and
WHEREAS, on September 3, 2008, the Planning Commission voted to direct staff to
initiate a Zoning Ordinance Text Amendment (Case No. 5.1211) to address certain
outdoor commercial activities, as well as the definition and regulation of"churches"; and
WHEREAS, on October 22, 2008 and on June 8, 2011 the Planning Commission
conducted duly noticed public hearings on the proposed amendment, at which hearings
the Commission carefully reviewed and considered all of the evidence presented in
connection with the project, including but not limited to the staff report and all written
and oral testimony presented, and
WHEREAS, the Planning Commission hereby determines that the proposed Zoning
Ordinance text amendment is Categorically Exempt under Section 15305 — Minor
Alterations in Land Use Limitations — of the Guidelines for the Implementation of the
California Environmental Quality Act and that the proposed amendment does not result
in any changes in land use or density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the proposed
Zoning Text Amendment would:
a. Provide for additional flexibility in the establishment of outdoor commercial
activities, while preserving the Commission's oversight role of such uses; and
b. Provide a definition for religious institutions that is more consistent with
current zoning practices and the Religious Land Use and Institionalized
Persons Act of 2000; and
C. Allow for the establishment of religious institutions in a wider variety of zones,
subject to the approval of a conditional use permit.
� 0
Planning Commission Resolution No.6205 June 8,2011
5,1211 —ZTA Page 2 of 2
Section 2: The adoption of the proposed Zone Text Amendment would be consistent
with the intent of the Zoning Ordinance and the City's General Plan because it provides:
A. Flexibility for merchants in the C-B-D, C-1, C-1AA and C-2 zones, while
assuring that outdoor uses will contribute positively to the overall character
of the City's retail commercial areas.
B. Adequate and uniform provisions for the treatment of religious institutions
within the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for "outdoor uses" and "religious institutions", as
attached hereto and made a part of this resolution as Exhibit A.
ADOPTED this 81h day of June 2011.
AYES: 6, Vice Chair Donenfeld, Hudson, Conrad, Munger, Klatchko and Roberts
NOES: 1, Chair CafFery
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
a wing CP
Director of PlabLift Services
ff
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 92.09.01, 92.12.01,
92.13.01 AND 92.14.01 OF THE PALM SPRINGS ZONING
CODE RELATING TO OUTDOOR USES, AND 91.00.10,
AND ALL OTHER SECTIONS OF THE PALM SPRINGS
ZONING CODE RELATING TO CHURCHES AND
RELIGIOUS INSTITUTIONS.
City Attorney's Summary
This Ordinance modifies how "outdoor uses"may be allowed
by the Planning Commission in certain commercial zones,
establishes a definition for "religious institutions" and allows
"religious institutions" to be established in most zones,
subject to a Conditional Use Permit.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. The following Sections shall be revised to allow "outdoor uses" to include
"Other uses as determined by the planning commission" and deleted from "vending
carts dispensing the following": Sections 92.09.01.C.2, 92.09.01_C_3, 92.09.1.C.4 (C-B-
D Zone), 92.12.01.C.2, 92.12.01.C.3, 91.12.01.C.4 (C-1 Zone), 92.13.01.C.2,
92.13.01.C.3, 92,13.01.C.4 (C-1AA Zone), 92.14.01.C.2, 92.14.01.C.3 and 92.14.01.C.4
(C-2 Zone).
Section 2. Sections 91,00.10 shall be amended to include the following definition:
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
Section 3. Sections 92.00.01.0 (G-R-5 Zone), 92.01.01.D (R-1 Zone), 92.02.01.0 (R-
G-A Zone), 92.03.01C (R-2 Zone), 92.04.01.D (R-3 Zone), 92.05.01.D (R-4 Zone), 12
92.11.01.D (C-S-C Zone), 92.12.01.0 (C-1 Zone), 92.14.01.A (C-2 Zone) shall be
amended to delete the word "churches" and renumbered accordingly.
Section 4. Section 94.02.00.A.1 shall be amended to read, as follows:
1. The following uses may be permitted subject to the provisions of this
section. The commission shall review and approve or disapprove the
use. The commission's action shall be final unless appealed to the
council.
a. Uses listed in the zones as "Uses Permitted by Conditional Use
Permit".
b. High-rise buildings permitted by a zone's development standards,
and pursuant to Section 93.04.00.
c. Religious institutions in any zone, except in the "A" (Airport) "N"
(Noise Impact and Nonsuit Covenant Combining Zone), and W
(Watercourse) zones
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 this day of
2011.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOL.LAND, CITY ATTORNEY
13
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C' R ORA to
Post PLANNING COMMISSION STAFF REPORT
Date: June 8, 2011
Case No.: 5.1211
Type: Zone Text Amendment
Location: City-wide
Applicant: City of Palm Springs
To: Planning Commission
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Zoning Ordinance Amendment Relating to "Outdoor
Accessory Uses" in Commercial Zones and "Religious
Institutions"
PROJECT DESCRIPTION
The project is an amendment to the Palm Springs Zoning Code regarding the
regulation of outdoor accessory uses in commercial zones and the establishment of
"religious institutions" throughout the City. This report provides an analysis of the two
issues and options for their regulation, including a recommendation for each. A public
hearing is required.
RECOMMENDATION
That the Planning Commission conduct a public hearing and forward to the City Council
its recommendation for amending the Zoning Ordinance to allow greater flexibility in the
treatment of outdoor accessory uses in commercial zones, and to provide greater clarity
in the establishment of religious institutions. A draft resolution is attached.
PRIOR ACTIONS
On September 3, 2008, the Planning Commission conducted a study session on the
subjects and initiated a Zone Text Amendment to consider revisions regarding outdoor
accessory uses in commercial zones and "churches", as used in the Code. 14
Planning Commission Staff Report June 8,2011
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 2 of 3
On October 22, 2008, the Planning Commission conducted a public hearing and
adopted a resolution recommending a Zone Text Amendment to revise the regulations
regarding outdoor accessory uses in commercial zones and "churches".
On May 11, 2011, the Planning Commission continued two separate applications for
Land Use Permits for outdoor display in the C-B-D zone (LUP 11-024 / 301 N. Palm
Canyon Drive, and LUP 11-025 / 123 N. Palm Canyon Drive).
ANALYSIS
In 2008, the Planning Commission considered an amendment to several sections of the
commercial zones to allow outdoor vending of "other uses" subject to determination by
the Planning Commission. With the action of May 11, 2011 to continue two requests for
outdoor display, staff is returning to the Commission with its prior recommendation to
confirm what approach the Commission wishes to recommend to the City Council.
Land Use Permits— Outdoor Accessory Uses
As previously discussed in 2008, the Zoning Code allows Land Use Permits (LUP's) to
be issued by staff for a variety of uses. A group of uses subject to Land Use Permits
are outdoor retail activities in certain commercial zones. A merchant may obtain a Land
Use Permit for outdoor uses which are "accessory" to the main business in the following
zones:
— Central Business District (C-B-D),
Retail Business (C-1)
General Commercial (C-2) and
— Large-Scale Retail Commercial Zone (C-1AA)
Outdoor accessory uses may be conducted on private property, within the public right-
of-way (sidewalk) or within a publicly designated area as part of a festival or downtown
event. At the end of each listing in these four zones is the following language:
Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
Staff is recommending that the last phrase — "other uses as determined by the planning
commission" be moved from a sub-section of vending carts, to the more general list of
items allowed by a Land Use Permit, This change would allow merchants to petition the
Planning Commission for outdoor uses that may not have been contemplated by the
City, without having to include vending carts as part of their proposal. Staff also
supports retaining this provision in each of the four commercial zones listed above.
Both staff and the Planning Commission in 2008 anticipated that the proposed
amendment would provide additional opportunities for merchants to revitalize their
businesses and enliven the look and feel of the adjacent sidewalks. Staff noted that the
change would still require an applicant to seek Commission approval for their new idea,15
Planning Commission Staff Report June 8,2011
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses& Religious Institutions Page 3 of 3
and the Land Use Permit would still allow the City to place conditions on the specific site
and operation.
With the Commission's reluctance to review the two applications in May, 2011, staff
believes that a revisiting of the recommendation would be appropriate. A copy of the
draft resolution and ordinance language is attached, as are minutes of the relevant
Commission meetings. (The attached draft ordinance also includes language related to
churches and religious institutions, and no change is recommended to those proposed
amendments.)
ENVIRONMENTAL DETERMINATION
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance text amendment and determined that it is Categorically Exempt under
Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the
Implementation of the California Environmental Quality Act. The proposed amendment
does not result in any changes in land use or density.
r
Craig A. Ewing AICP
Director of Planning Services
cc: Draft Resolution, including draft zone text amendment
Planning Commission Meeting Minutes (September 3 and October 22, 2008 and
March 11, 2011)
Planning Commission Staff Reports (October 22, 2008, March 11, 2011)
Palm Springs Zoning Code (excerpts)
16
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL AMEND SECTIONS 92.09.01, 92.12.01, 92.13.01
AND 92.14.01 OF THE PALM SPRINGS ZONING CODE
RELATING TO OUTDOOR USES, AND 91.00.10, AND
CERTAIN OTHER SECTIONS OF THE PALM SPRINGS
ZONING CODE RELATING TO CHURCHES AND RELIGIOUS
INSTITUTION
WHEREAS, Section 93.20.00 of the Palm Springs Zoning Ordinance establishes
regulations for the design, placement and use of signs; and
WHEREAS, on September 3, 2008, the Planning Commission voted to direct
staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1211) to
address certain outdoor commercial activities, as well as the definition and
regulation of"churches"; and
WHEREAS, on October 22, 2008 and on June 8, 2011 the Planning Commission
conducted duly noticed public hearings on the proposed amendment, at which
hearings the Commission carefully reviewed and considered all of the evidence
presented in connection with the project, including but not limited to the staff
report and all written and oral testimony presented, and
WHEREAS, the Planning Commission hereby determines that the proposed
Zoning Ordinance text amendment is Categorically Exempt under Section 15305
— Minor Alterations in Land Use Limitations — of the Guidelines for the
Implementation of the California Environmental Quality Act and that the proposed
amendment does not result in any changes in land use or density.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS;
Section 1: The Planning Commission hereby finds that adoption of the
proposed Zoning Text Amendment would:
a. Provide for additional flexibility in the establishment of outdoor
commercial activities, while preserving the Commission's oversight role
of such uses; and
b. Provide a definition for religious institutions that is more consistent with
current zoning practices and the Religious Land Use and Institionalized
Persons Act of 2000; and
C. Allow for the establishment of religious institutions in a wider variety of
zones, subject to the approval of a conditional use permit.
17
Planning Commission Resolution October 22,2008
5 1211 —ZTA Page 2 of 2
Section 2: The adoption of the proposed Zone Text Amendment would be
consistent with the intent of the Zoning Ordinance and the City's General Plan
because it provides:
A. Flexibility for merchants in the C-B-D, C-1, C-1AA and C-2 zones,
while assuring that outdoor uses will contribute positively to the
overall character of the City's retail commercial areas.
B. Adequate and uniform provisions for the treatment of religious
institutions within the City.
Section 3: Based upon the foregoing, the Planning Commission does hereby
recommend to the City Council amendment of the Palm Springs Zoning Code to
establish standards and regulations for "outdoor uses" and "religious institutions",
as attached hereto and made a part of this resolution as Exhibit A.
ADOPTED this 8t" day of June, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A. Ewing, AICP
Director of Planning Services
L3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 92.09.01, 92.12.01,
92.13.01 AND 92.14.01 OF THE PALM SPRINGS ZONING
CODE RELATING TO OUTDOOR USES, AND 91.00.10,
AND ALL OTHER SECTIONS OF THE PALM SPRINGS
ZONING CODE RELATING TO CHURCHES AND
RELIGIOUS INSTITUTIONS.
City Attorne y's Summary
This Ordinance modifies how "outdoor uses"may be allowed
by the Planning Commission in certain commercial zones,
establishes a definition for "religious institutions" and allows
"religious institutions" to be established in most zones,
subject to a Conditional Use Permit.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
Section 1. The following Sections shall be revised to allow "outdoor uses" to include
"Other uses as determined by the planning commission" and deleted from "vending
carts dispensing the following: Sections 92.09.01.C.2, 92.09.01.C.3, 92.09.1.C.4 (C-B-
D Zone), 92.12.01.C.2, 92.12.01.C.3, 91.12.01.C.4 (C-1 Zone), 92.13.01.C.2,
92.13.01.C.3, 92,13.01.C.4 (C-1AA Zone), 92.14.01.C.2, 92.14.01.C.3 and 92.14.01.C.4
(C-2 Zone).
Section 2. Sections 91.00.10 shall be amended to include the following definition:
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
Section 3. Sections 92.00.01.0 (G-R-5 Zone), 92.01.01.D (R-1 Zone), 92.02.01.0 (R-
G-A Zone), 92.03.01C (R-2 Zone), 92.04.01.D (R-3 Zone), 92.05.01.D (R-4 Zone),
19
92.11.01.D (C-S-C Zone), 92.12.01.0 (C-1 Zone), 92.14.01.A (C-2 Zone) shall be
amended to delete the word "churches" and renumbered accordingly.
Section 4. Section 94.02.00.A.1 shall be amended to read, as follows:
1. The following uses may be permitted subject to the provisions of this
section. The commission shall review and approve or disapprove the
use. The commission's action shall be final unless appealed to the
council.
a. Uses listed in the zones as "Uses Permitted by Conditional Use
Permit".
b. High-rise buildings permitted by a zone's development standards,
and pursuant to Section 93.04.00.
c. Religious institutions in any zone, except in the "A" (Airport) "N"
(Noise Impact and Nonsuit Covenant Combining Zone), and W
(Watercourse) zones
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 this day of
2008.
MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
Planning Commission Page 3 of 6
DRAFT
I C a 1- i Lt�P �a Lav�d U"'- /u~�\ x
( 5
Central Business District located at 301 N. Palm Canyon Drive, Zone
CBD, Section 15. (Project Planner: Glenn Mlaker, AICP, Assistant
Planner)
Glenn Mlaker, Assistant Planner, provided background information as
outlined in the staff report dated May 11, 2011.
Commissioner Conrad expressed concern with "A" frame signs and outdoor
displays in the CBD zone on a Land Use Permit (LUP) basis. Ms.
Conrad suggested direction from the City Council be obtained with regards
to the continued allowance of these type of displays and signs and/or
setting restrictions for the maximum number and specification on the types
allowable.
Commissioner Conrad requested City Council provide further direction on a
comprehensive overview of the downtown area pertaining to outdoor
displays, maximum number, types of displays and the number of illegal
displays in the downtown area.
ACTION: To continue to a date uncertain and direct staff to provide a
comprehensive overview on 'A' frames and outdoor displays in the CBD
zone and seek direction from the City Council on the maxiumum number
allowed, types of displays and number of illegal displays. Motion Tracy
Conrad, seconded by Doug Donenfeld and unanimously carried 4-0 on
a roll call vote.
AYES: Tracy Conrad, Doug Donenfeld, Doug Hudson, and Chair
Caffery.
NOES:
ABSENT: Leslie Munger, and Philip Klatchko.
IC. Case 11-025 LUP -A Land Use Permit determination request by Latino
Books Y Mas for outdoor display of one (1) postcard rack and two (2)
rolling cases in the Central Business District located at 123 N. Palm
Canyon Drive, Zone CBD, Section 15. (Project Planner: Glenn Mlaker,
AICP, Assistant Planner)
Glenn Mlaker, Associate Planner, provided background information as
outlined in the staff report dated May 11, 2011.
ACTION: To continue to a date uncertain and direct staff to provide a
comprehensive overview on 'A' frames and outdoor displays in the CBD
zone and seek direction from the City Council on the maxiumum number
allowed, types of displays and number of illegal displays. Motion Tracy
Conrad, seconded by Doug Hudson and unanimously carried 4-0 on a
ru t\ cc'N ort
21
http://palmsprings.granicus.com/MinutesViewer.php?print=l&clip_id=1060&doc_id=8357f... 6/2/2011
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c- iros Planning Commission Staff Report
Date: May 11, 2011
Case No.: 11-024 LUP
Type: Planning Commission Determination
Zone: CBD
Location: 301 North Palm Canyon Drive
t
APN: 513-082-028
Applicant: Robert Questa —e v R & D
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Glenn Mlaker, AICP, Assistant Planner
PROJECT DESCRIPTION:
The project is a request of the Planning Commission to determine that outdoor display
of four (4) "for sale" electric bicycles is a permitted use allowed with a land use permit
within the Central Business District (CBD) Zone. The proposed request is to allow
outdoor display in front of a retail store on private property within the CBD Zone at 301
North Palm Canyon Drive.
RECOMMENDATION:
That the Planning Commission determine that the outdoor display of four (4) "for sale"
electric bicycles are permitted with a land use permit within the Central Business District
(CBD) Zone.
ANALYSIS:
Robert Questa, representative for the company e v R&D, has submitted a land use
permit request for the retail property located at 301 North Palm Canyon Drive. The
request is to allow for outdoor display of four (4) "for sale" electric bicycles in front of a
retail store on private property within the CBD Zone. M
Planning Commission Staff Report May 11, 2011
Case 11-024 L.UP Determination Page 2 of 3
Pursuant to Section 92.09.01(C)(2)(o)(v.) of the Palm Springs Zoning Code (PSZC),
"Other uses as determined by the Planning Commission" allows for the Planning
Commission, by resolution of record, to permit any other use which it may determine to
be similar to those listed within the Central Business District Zone when certain findings
are made.
Staff has reviewed the uses permitted with a land use permit within the CBD Zone and
determined that the following uses are similar to outdoor display:
Section Use Permitted
92.09.01 C 2 a Art Displays_ Land Use Permit
92.09.01 C 2 c Car Shows Land Use Permit
92.09.01(C)(2 d Christmas Tree Sales Land Use Permit
92.09.01(C)(2)(1) Plant and Floral Sales and Display Land Use Permit
As noted in the table above, various outdoor displays are permitted within the CBD
Zone on private property with a land use permit. Staff believes that attractive tasteful
outdoor display can be an energizing element of the downtown experience. The City of
Palm Springs Downtown Urban Design Plan which was adopted July 20, 2005 states
that streets and streetscapes are to be interesting and the plan encourages downtown
stores to use appropriate techniques to convey a sense of vitality and excitement. The
proposed display of four (4) "for sale" electric bicycles placed under the overhanging
building canopy would be consistent with the goals of the design guidelines. Therefore,
staff would recommend that the use be permitted with a land use permit, subject to the
following requirements:
1. Bicycles be "for sale" only; no rental — no motor scooters permitted.
2. Outdoor display be permitted for four (4) "for sale" electric bicycles.
3. Bicycles placed in curved arc underneath patio overhang.
4. All signage subject to Section 93.20.00 of the Palm Springs Zoning Code.
5. Full access in accordance with the Americans with Disabilities Act shall be
maintained at all times.
REQUIRED FINDINGS:
Pursuant to the requirements of Section 94.01.02(B) of the PSZC, in permitting or
classifying an unlisted use, the commission shall first make a finding that all of the
following conditions exist:
1) That the use is in keeping with the stated intent and purpose of the zone.
Pursuant to Section 92.12.00 of the PSZC, "The C-B-D zone is intended for the
central business district, primarily retail business in character, with related hotels,
multiple-family dwellings, and service, office, cultural and institutional uses. The
central business district is intended to be a compact, lively, active, intensively 3 3
used area catering to the pedestrian. Planted walkways, covered walks and open
Planning Commission Staff Report May 11, 2011
Case 11-024 LUP Determination Page 3 of 3
plazas that provide for sitting, dining, conversing, gathering and window shopping
are permitted and encouraged.
The outdoor display of four (4) "for sale" electric bicycles is considered a retail
business in character with the intent of the zone.
2) That field investigations have disclosed that the subject use and its operation an--
compatible with the uses permitted in the zone wherein it is proposed to be
located.
The proposed use of outdoor display is similar to other uses currently permitted
on private and public sidewalks within the CBD Zone.
3) That the subject use is similar to one (1) or more uses permitted in the zone
within which it is proposed to be located.
Pursuant to 92.09.01(C)(2)(c) of the PSZC, the Central Business District allows
for car shows with a land use permit. The proposed outdoor display is similar to
the display of cars, but on a smaller scale oriented to pedestrian foot traffic.
4) That the subject use will not cause substantial injury to the values of property in
the zone within which it is proposed to be located.
There are no known evidences or proofs to conclude that the proposed use is
likely to cause substantial injury to values of property in the CBD Zone.
CONCLUSION:
The CBD zone allows various outdoor display uses such as; Art Displays, Car Shows,
Christmas Tree Lots, Plant and Floral Sales and Displays; therefore, staff is
recommending that the Planning Commission determine that outdoor display of four (4)
"for sale" electronic bicycles is a use similar to other uses permitted with a Land Use
Permit.
Glenn Mlaker, AICP "wingA]rP
Assistant Planner Di Services
Attachments
1. Vicinity Map
2. Draft Resolution
3. Site Photos and Site Plan
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CITY OF PALM SPRINGS
CASE NO: 11-024 LUP DESCRIPTION: Land Use Permit Determination for
outdoor display of four "for sale" electric bicycles
APPLICANT: ev R & D Bicycle Sales located at 301 N. Palm Canyon Drive, Section 15.
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Planning Commission Staff Report
Date: May 11, 2011
Case No.- 11-025 LUP
Type- Planning Commission Determination
Zone: CBD
Location: 123 North Palm Canyon Drive, Suite 525
APN: 513-560-008
Applicant: Luciano Ramirez— Latino Books Y Mas
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner- Glenn Mlaker, AICP, Assistant Planner
PROJECT DESCRIPTION:
The project is a request of the Planning Commission to determine that outdoor display
of one postcard rack and two rolling cases are permitted uses allowed with a land use
permit within the Central Business District (CBD) Zone. The proposed request is to
allow outdoor display in front of a retail store on private property within the CBD Zone at
123 North Palm Canyon Drive, Suite 525.
RECOMMENDATION:
That the Planning Commission determine that the outdoor display of one postcard rack
and two rolling cases are permitted with a land use permit within the Central Business
District (CBD) Zone.
ANALYSIS:
Luciano Ramirez, owner of Latina Books Y Mas, has submitted a land use permit
request for the retail property located at 123 North Palm Canyon Drive, Suite 525. The
request is to allow for one postcard rack and two rolling cases in front of a retail store on
private property within the CBD Zone. -
Planning Commission Staff Report May 11, 2011
Case 11-025 L_UP Determination Page 2 of 3
Pursuant to Section 92.09.01(C)(2)(o)(v.) of the Palm Springs Zoning Code (PSZC),
"Other uses as determined by the Planning Commission" allows for the Planning
Commission, by resolution of record, to permit any other use which it may determine to
be similar to those listed within the Central Business District Zone when certain findings
are made.
Staff has reviewed the uses permitted with a land use permit within the CBD Zone and
determined that the following uses are similar to outdoor display:
Section Use -- — Permitted
92.09.01(C)(2)(a) Art Displays Land Use Permit
92.09.01(C)(2)(c) Car Shows _ Land Use Permit
92.09.01(C)(_2)(d) Christmas Tree Sales Land Use Permit
92.09.01(C)(2)(1) Plant and Floral Sales and Display Land Use Permit
As noted in the table above, various outdoor displays are permitted within the CBD
Zone on private property with a land use permit. Staff believes that attractive tasteful
outdoor display can be an energizing element of the downtown experience. The City of
Palm Springs Downtown Urban, Design Plan which was adopted July 20, 2005 states
that streets and streetscapes are to be interesting and the plan encourages downtown
stores to use appropriate techniques to convey a sense of vitality and excitement. The
proposed display of one postcard rack and two rolling cases placed on the sidewalk in
front of the store would be consistent with the goals of the design guidelines.
Therefore, staff would recommend that the use be permitted with a land use permit,
subject to the following requirements:
The outdoor display of one postcard rack and two rolling cases rolling cases shall
conform to the following standards:
a. The display device shall be `purpose-built' for the displaying of authorized
goods.
b. The post card rack and rolling case shall be of first-class design and
construction, and shall present a finished appearance.
c. Colors shall match those muted colors of the exterior of the building to be
served by the display. No bright accent colors shall be permitted.
d. The display device shall be maintained in good repair and appearance at
all times, and shall be immediately removed from public view in the event
it suffers damage or is otherwise in need of repair.
e. Full access in accordance with the Americans with Disabilities Act shall be
maintained at all times.
REQUIRED FINDINGS:
Pursuant to the requirements of Section 94.01.02(B) of the PSZC, in permitting or
classifying an unlisted use, the Commission shall first make a finding that all of the
following conditions exist: ry
N
1) That the use is in keeping with the stated intent and purpose of the zone.
Planning Commission Staff Report May 11, 2011
Case 1 1-025 LUP Determination Page 3 of 3
Pursuant to Section 92.12.00 of the PSZC, "The C-B-D zone is intended for the
central business district, primarily retail business in character, with related hotels,
multiple-family dwellings, and service, office, cultural and institutional uses. The
central business district is intended to be a compact, lively, active, intensively
used area catering to the pedestrian. Planted walkways, covered walks and open
plazas that provide for sitting, dining, conversing, gathering and window shopping
are permitted and encouraged.
The outdoor display of one postcard rack and two rolling cases associated with
an existing book store is considered a retail business in character with the intent
of the zone.
2) That field investigations have disclosed that the subject use and its operation are
compatible with the uses permitted in the zone wherein it is proposed to be
located.
The proposed use of outdoor display is similar to other uses currently permitted
on private and public sidewalks within the CBD Zone.
3) That the subject use is similar to one (1) or more uses permitted in the zone
within which it is proposed to be located.
Pursuant to 92.09.01(C)(2)(c) of the PSZC, the Central Business District allows
for art displays with a land use permit. The proposed outdoor display is similar to
an art display oriented to pedestrian foot traffic.
4) That the subject use will not cause substantial injury to the values of property in
the zone within which it is proposed to be located.
There are no known evidences or proofs to conclude that the proposed use is
likely to cause substantial injury to values of property in the CBD Zone.
CONCLUSION:
The CBD zone allows various outdoor display uses such as; Art Displays, Car Shows,
Christmas Tree Lots, Plant and Floral Sales and Displays; therefore, staff is
recommending that the Planning Commission determine that outdoor display of one
postcard rack and two rolling cases is a use similar to other uses permitted with a land
use permit.
Glenn Mlaker, AICP C`r i�AEwing,- EPl
Assistant Planner D rector of PI n ng Services
Attachments ry
1. Vicinity Map
2, Draft Resolution
3. Site Photos
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CITY OF PALM SPRINGS
CASE NO: 11-025 LUP DESCRIPTION: Land Use Permit Determination for
outdoor display of one postcard rack and two rolling
APPLICANT: Latino Books Y MAs carts for book displays located at 123 North Palm
Canyon Drive, Suite 525, Section 15. ?'.
I
City of Palm Springs
Planning Commission Minutes
of October 22,2008
Hochanadel opened the Public Hearing:
-Mel Shah, a ' t (responding to questions from the Commission) provided further
details pertaining to tasting and the retail sale of wine.
There being no further appearances, blic Hearing was closed.
Commissioner Caffery commended the applicant o lish appearance of the store.
MIS/C (DonenfeldMce Chair Cohen, 6-0, 1 absent/Ringlein) ve, subject to
Conditions of Approval.
313. Case 6.1211 - An application by the City of Palm Springs to amend the
Palm Springs Zoning Code relating to the establishment of policies and
standards for outdoor accessory uses and religious institutions. (Project
Planner: Craig A. Ewing, Director of Planning)
Director of Planning Ewing provided background information as outlined in the staff
report dated October 22, 2008. Mr. Ewing noted that on September 3, 2008, the
Planning Commission conducted a study session on the subjects and initiated a Zone
Tent Amendment to consider revisions regarding outdoor accessory uses in commercial
zones and"churches', as used in the Code.
Commissioner Donenfeld noted a concern with the use of the word "etc." in the
definition of "religious institutions" because it could be ambiguous in its interpretation
and suggested deleting it. Commissioner Caffery concurred.
Chair Hochanadel opened the Public Hearing; there being no appearances, the Public
Hearing was closed.
Commissioner Scott expressed concern with prohibition of churches in various zones
and suggested churches be allowed in the majority of the zones. Staff noted that
religious institutions are moving away from a traditional separate campus and moving
towards tenant spaces.
Discussion occurred on regulations for conditional use permits and zones that may not
be appropriate.
Commissioner Caffery stated that he is not opposed to churches in the CBD zone and
suggested review of each request on a case-by-case basis with a conditional use
permit.
6 i®
i
City of Palm Springs I
Planning Commission Minutes i
of October 22,2008
M/SIC (Scott/CafFery, 5-0, 1 absent/Ringlein, 1 abstained/ Conrad) To recommend
approval to the City Council to amend the Palm Springs Zoning Code regarding the
regulation of outdoor accessory uses in commercial zones and the establishment of
"religious institutions", as amended:
-Remove the word "etc" in the definition of"Religious Institution".
-To allow "Religious Institutions" located in any zone with a Conditional Use Permit;
except as specifically prohibited in the N and W overlay zones, and the O zone.
Commissioner Conrad noted her abstention on this Item due to her absence of
September 3d.
i
i
S 1 of the Commissioners had questions pertaining to the protocol for a conflict of
intere iscussed at the "Ethics Training" last week. Commissioner Scott questioned
if the me ers of the Architectural Advisory Committee are permitted to present their
own project .
Staff responded t rther clarification would be brought back to the Commission.
PLANNING DIRECTOR SPORT:
Staff reported that the City Co it will hold a joint meeting tonight with the Village Fest
Board and a study session.
Staff reported that this Friday the Envir ental Impact Report (EIR) for the Museum
Market Plaza Specific Plan will be release d the Commission would be receiving a
printed copy. Staff noted the first public hean ' ,will be scheduled for November 19th
and the 2"d follow-up hearing will be on Decemb 3rd Staff noted that comments on
the EIR will be received during the public hearing.
ADJOURNMENT:
There being no further comments the meeting adjourned 2:57 p.m.
ai ing, A P
Dire r of Planni g ervices
7 31
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PLANNING COMMISSION STAFF REPORT
Date: October 22, 2008
Case No.: 5.1211
Type: Zone Text Amendment
Location: City-wide
Applicant: City of Palm Springs
To: Planning Commission
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Zoning Ordinance Amendment Relating to "Outdoor
Accessory Uses" in Commercial Zones and "Religious
Institutions"
PROJECT DESCRIPTION
The project is an amendment to the Palm Springs Zoning Code regarding the
regulation of outdoor accessory uses in commercial zones and the establishment of
"religious institutions" throughout the City. This report provides an analysis of the two
issues and options for their regulation, including a recommendation for each. A public
hearing is required.
RECOMMENDATION
That the Planning Commission conduct a public hearing and forward to the City Council
its recommendation for amending the Zoning Ordinance to allow greater flexibility in the
treatment of outdoor accessory uses in commercial zones, and to provide greater clarity
in the establishment of religious institutions. A draft resolution is attached.
PRIOR ACTIONS
12
Planning Commission Staff Report October 22,2008
Case No. 5.1211 —Zone Text Amendment—Outdoor Accessory Uses& Religious Institutions Page 2 of 5
On September 3, 2008, the Planning Commission conducted a study session on the
subjects and initiated a Zone Text Amendment to consider revisions regarding outdoor
accessory uses in commercial zones and "churches", as used in the Code.
ANALYSIS
In accordance with Section 94.07.01 of the Palm Springs Zoning Code, the Planning
Commission may recommend amendments to the Zoning Code following a noticed
public hearing. Based on the direction provided at the Commission's study session of
September 3, 2008, staff has prepared the following discussion and recommendation
for a Zone Text Amendment regarding Outdoor Accessory Uses and Religious
Institutions. A public hearing has been noticed for these items.
Land Use Permits— Outdoor Accessory Uses
At present, the Zoning Code allows Land Use Permits (LUP's) to be issued by staff for a
variety of uses. A group of uses subject to Land Use Permits are outdoor retail
activities in certain commercial zones. A merchant may obtain a Land Use Permit for
outdoor uses which are "accessory" to the main business in the following zones:
Central Business District (C-B-D),
— Retail Business (C-1)
General Commercial (C-2) and
Large-Scale Retail Commercial Zone (C-1AA)
Outdoor accessory uses may be conducted on private property, within the public right-
of-way (sidewalk) or within a publicly designated area as part of a festival or downtown
event. At the end of each listing in these four zones is the following language:
Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
Staff is recommending that the last phrase — "other uses as determined by the planning
commission" be moved from a sub-section of vending carts, to the more general list of
items allowed by a Land Use Permit. This change would allow merchants to petition the
Planning Commission for outdoor uses that may not have been contemplated by the
City, without having to include vending carts as part of their proposal. Staff also
supports retaining this provision in each of the four commercial zones listed above.
Staff does not anticipate that the proposed amendment would result in a wholesale
change to the outdoor areas of the City's commercial zones. However, it may provide
some additional opportunities for merchants to revitalize their businesses and enliven
the look and feel of the adjacent sidewalks. Staff notes that the change would still
require an applicant to seek Commission approval for their new idea, and the Land Use
Permit would still allow the City to place conditions on the specific site and operation.
33
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses&Religious Institutions Page 3 of 5
The attached draft ordinance provides specific amendment language to reflect this
recommendation.
Churches and Religious Institutions
At present, all religious institutions in the City are named "churches" in the Zoning Code.
Further, churches are defined in the Zoning Code as structures dedicated to worship:
"Church" means a permanently located building commonly used for
religious worship, fully enclosed with walls (including windows and doors)
and having a roof (canvas or fabric excluded) and conforming to
applicable legal requirements affecting design and construction.
Staff believes that the current wording not reflect what many religious traditions use to
describe their facilities or practices. Most modern zoning codes avoid the use terms
which imply a particular religious faith or practice (see attached sample listing). Further,
the City's definition focuses on a "building commonly used for religious worship...", yet
many smaller religious groups are seeking worship space within industrial or
commercial complexes which are not commonly used for worship.
Staff also notes that the City must take account of the federal "Religious Land Use and
Institutionalized Persons Act" (RLUIPA) of 2000, which requires that the City do the
following with regarding to religious institutions and its zoning powers-
1. Make adequate provisions for churches and other religious institutions so
that these uses are not unreasonably limited within the City.
2. Assure that any regulations directed at religious institutions are based on
indirect impacts of the use — traffic, noise, etc. — rather than regulating the
use itself.
3. Assure that the regulations are applied uniformly among religious
institutions, other non-commercial, and commercial activities.
Staff believes that the City's Zoning Code should be brought up to date with regard to
regulating religious institutions as a land use, while remaining sensitive to RLUIPA. In
order to accomplish these objectives, staff recommends that the use and definition of
the word "church" be replaced with the phrase, "religious institution", which would be
defined as:
Religious Institution - Facilities operated by religious organizations for
worship, or the promotion of religious activities, including churches,
mosques, synagogues, temples, etc., and religious schools; and ancillary
uses on the same site, such as living quarters for ministers and staff, and
child day care facilities accessory to the religious facility itself. Other
establishments maintained by religious organizations, including full-time
educational institutions, hospitals, and other potentially related operations
(for example, a recreational camp) are classified according to their
respective activities.
r�
V
i
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses& Religious Institutions Page 4 of 5
Staff also recommends that the Commission review the zones within which churches
are presently permitted or conditionally permitted and make any desired adjustments.
The following chart summarizes how the City treats churches by zone:
Zone Allowed by Right Allowed by LUP Allowed by CUP
G-R-5 X
R-1 X
R-G-A X
R-2 X
R-3 X
R-4 X
C-S-C X
C-1 X
C-2 X
H-C X
M-1-P X
M-1 X
M-2 X
U-R X
Allowed only on Major or Secondary Thoroughfares.
z Allowed only on sites of 2 acres or more.
3 Free-standing only
4 Allowed only with a Planned Development District
Churches are not permitted in the following zones:
P — Professional
C-B-D — Central Business District
C-D-N — Designed Neighborhood Shopping Center
C-1AA— Large-scale Retail Commercial
C-M — Commercial Manufacturing
E-1 — Energy Industrial
A -Airport
Churches are specifically prohibited in the N and W overlay zones, and the O zone.
Staff believes that the current listing for churches is adequate for "religious institutions"
and will not result in a significant change to the City's approach to these activities and
facilities. No change in the treatment of these uses by zone is recommended.
ENVIRONMENTAL DETERMINATION
Staff has evaluated the potential environmental impacts of the proposed Zoning
Ordinance text amendment and determined that it is Categorically Exempt under
Section 15305 — Minor Alterations in Land Use Limitations — of the Guidelines for the
35
Planning Commission Staff Report October 22,2008
Case No.5.1211 —Zone Text Amendment—Outdoor Accessory Uses& Religious Institutions Page 5 of 5
Implementation of the California Environmental Quality Act. The proposed amendment
does not result in any changes in land use or density.
Craig A. Ewing AICP
Director of Planning Services
cc: Draft Resolution, including draft zone text amendment
Examples of Definitions for Religious Institutions, etc.
Planning Commission Meeting Minutes (September 3, 2008)
Planning Commission Staff Report (September 3, 2008)
26 L
I
I
I
CITY OF PALM SPRINGS
PLANNING COMMISSION STUDY SESSION
MINUTES OF SEPTEMBER 3, 2008
Large Conference Room, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
LL TO ORDER:
I
i
The mee was called to order at 2:06 p.m. `
ROLL CALL: Present Present Year: FY 2008/2009
1
This Meeting: to Date: Excused Absences:
Chairman Hochanadel X 7 0
Vice Chairman Cohen 6 1
Toni Ringlein X 6 1
j Jon Caffery X 6 1
Bill Scott X 4 3
Tracy Conrad 4 3
Doug Donenfeld X 0
REPORT OF POSTING OF AGENDA:
The agenda was available for public access at the City Hall exte bulletin board (west
side of Council Chamber) and the Planning Services counter by p.m. on Friday,
August 29, 2008.
PUBLIC COMMENTS:
Vice Chairman Hochanadel opened Public Comments. There being no appearances,
1. Case 5.1211 ZTA — Palm Springs Zoning Code — Initiation of Amendments
Related to Land Use Permits and Religious Institutions. (Craig A. Ewing,
Director of Planning Services)
Proposed Amendment No. 7-- Land Use Permits— Outdoor Accessory Uses
Director of Planning Ewing reported that staff is proposing to the Planning
Commission and City Council a series of minor zoning amendments beginning
City of Palm Springs
Planning Commission Study Session
Minutes of September 3,2008
with this proposal. Mr. Ewing stated that presently the zoning code allows Land
Use Permits (LUP's) to be issued by staff for a variety of uses and a group of uses
subject to LUP's are outdoor retail activities. Staff referred to Exhibit "A" (a list of
outdoor uses allowed in the CBD zone by Land Use Permit). In reviewing this
language, staff believes it would provide greater flexibility for downtown merchants
and the Planning Commission by moving the phrase, "Other uses as determined
by the planning commission" from a sub-section of vending carts, to the more
general list of items allowed by a LUP. This change would allow merchants to
petition the Planning Commission for outdoor uses without having to include
vending carts as part of their proposal_ Staff advised the Commission that this
change could open up the potential for many unforeseen circumstances such as
an excessive quantity of dvd/video racks. Nonetheless, the change would require
the applicant to seek Commission approval and the LUP would still allow the City
to place conditions on the specific site and operation. Commissioner Caffery
noted his preference to keep the zoning code related to Land Use Permits and
outdoor retail activities as is, with no changes. _ The Commission discussed
j prohibited uses and similar uses permitted by commission determination. The
majority of the Commission concurred with staffs recommendation.
M/S/C (Ringlein/Cohen, 5-1/Caffery, 1 absent/Conrad) To initiate a Zone Text
Amendment Related to Land Use Permits, in accordance with Palm Springs
Zoning Code Section 94.07.01 --Zoning ordinance text amendment.
wing reported that the current wording in the Zoning Code regarding religious
uses "churches" defined as a facility for worship. Staff noted that "religious
uses" rais a following concerns:
1. The wor ' urch" does not reflect what many religious
traditions use to cribe their facilities or practices. Most
modern zoning codes the term "religious institutions" to
accommodate different faith .
2. The definition focuses on a "buildin mmoniy used for
religious worship . . . ", yet many smaller re s groups are
seeking worship space within industrial or mercial
complexes which are not commonly used for worship.
Mr. Ewing noted that in the year 2000, the federal government enacted
"Religious Land Use and Institutionalized Persons Act" (RLUIPA) and provided
2
�OjQALMS, CITY OF PALM SPRINGS
" DEPARTMENT OF PLANNING SERVICES
,r
MEMORANDUM
Date: September 3, 2008
To: Planning Commission
From: Craig A. Ewing, AICP, Director of Planning Services
Subject: Palm Springs Zoning Code — Initiation of Amendments Related to Land
Use Permits and Religious Institutions
Staff is proposing to the Planning Commission and City Council a series of minor zoning
amendments to help bring the City's Zoning Code into a more clear and orderly
statement of the City's development policies. These changes will occur over a several
amendments, beginning with the present proposal. Staff recommends that the Planning
Commission initiate the Zone Text Amendment described in this memo, as allowed by
Code Section 94.07.01.A.1 a:
94.07.01 Zoning ordinance text amendment.
A. Procedure.
1. Initiation.
a. The planning commission may initiate proceedings by
motion and then hold public hearings and make a
recommendation as provided below.
Proposed Amendment No. 1 — Land Use Permits — Outdoor Accessory Uses
At present, the Zoning Code allows Land Use Permits (LUP's) to be issued by staff for a
variety of uses. An LUP is considered a minor use permit: It is neither subject to
advance notice nor to a public hearing. It may be conditioned, and its approval may be
appealed to the Planning Commission. LUP's are governed by Section 94.02.01 of the
Zoning Code; however, each zone district includes a list of uses that may be allowed by
an LUP.
A group of uses subject to Land Use Permits are outdoor retail activities. A merchant
may obtain a Land Use Permit for outdoor uses which are "accessory" to the main
business in the following zones:
— Central Business District (C-B-D),
— Retail Business (C-1)
General Commercial (C-2) and
Large-Scale Retail Commercial Zone (C-1AA)
-49
u
5.1211 —Zone Text Amendment— Land Use Permit/ Religious Institutions September 3, 2008
Planning Commission Staff Report— Initiation of ZTA Page 2 of 5
Outdoor accessory uses may be conducted on private property, within the public right-
of-way (sidewalk) or within a publicly designated area as part of a festival or downtown
event. A listing from the C-B-D zone is typical and attached as Exhibit A.
At the end of each listing in these four zones is the following language:
Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
In reviewing this language, staff has explored the possibility of allowing greater flexibility
to merchants and the Planning Commission by moving the phrase, "Other uses as
determined by the planning commission" from a sub-section of vending carts, to the
more general list of items allowed by a Land Use Permit. (A review of Exhibit A may
help clarify staffs proposal.) This change would allow merchants to petition the
Planning Commission for outdoor uses that may not have been contemplated by the
City, without having to include vending carts as part of their proposal.
Staff does not anticipate that the proposed amendment would result in a wholesale
change to the outdoor areas of the City's commercial zones. However, it may provide
some additional opportunities for merchants to revitalize their businesses and enliven
the look and feel of the adjacent sidewalks. Staff notes that the change would still
require an applicant to seek Commission approval for their new idea, and the Land Use
Permit would still allow the City to place conditions on the specific site and operation.
Staff recommends that the Commission initiate this amendment for all four commercial
zones; it may then review the concept for its appropriateness in each of the zones.
Proposed Amendment No. 2 -- Churches and Religious Institutions
At present, all religious institutions in the City are named "churches" in the Zoning Code.
Further, churches are defined in the Zoning Code as structures dedicated to worship:
"Church" means a permanently located building commonly used for
religious worship, fully enclosed with walls (including windows and doors)
and having a roof (canvas or fabric excluded) and conforming to
applicable legal requirements affecting design and construction.
Staff believes that the current wording in the Zoning Code regarding religious uses
raises two concerns:
1. The word "church" does not reflect what many religious traditions use to
describe their facilities or practices. Most modern zoning codes use the
term "religious institutions" to accommodate different faiths.
2. The definition focuses on a "building commonly used for religious
worship...", yet many smaller religious groups are seeking worship space
within industrial or commercial complexes which are not commonly used
for worship.
40
i
5.1211 —Zone Text Amendment—Land Use Permit/Religious Institutions September 3, 2008
Planning Commission Staff Report—Initiation of ZTA Page 3 of 5
The regulation of religious activities is a sensitive issue. Religious freedom is a core
value enshrined in the United States Constitution, and in 2000 the federal government
enacted the "Religious Land Use and Institutionalized Persons Act", commonly referred
to as "RLUIPA". The Act is summarized by the following statement from the US
Department of Justice:
RLUIPA prohibits zoning and landmarking laws that substantially burden the
religious exercise of churches or other religious assemblies or institutions absent
the least restrictive means of furthering a compelling governmental interest. This
prohibition applies in any situation where: (i) the state or local government entity
imposing the substantial burden receives federal funding; (ii) the substantial
burden affects, or removal of the substantial burden would affect, interstate
commerce; or (iii) the substantial burden arises from the state or local
government's formal or informal procedures for making individualized
assessments of a property's uses.
In addition, RLUIPA prohibits zoning and landmarking laws that: (1) treat
churches or other religious assemblies or institutions on less than equal terms
with nonreligious institutions; (2) discriminate against any assemblies or
institutions on the basis of religion or religious denomination; (3) totally exclude
religious assemblies from a jurisdiction; or (4) unreasonably limit religious
assemblies, institutions, or structures within a jurisdiction.
In order to assure that the City's Zoning Code does not create a possible conflict with
RLUIPA, the City must generally do the following:
1. Make adequate provisions for churches and other religious institutions so
that these uses are not unreasonably limited within the City.
2. Assure that any regulations directed at religious institutions are based on
indirect impacts of the use — traffic, noise, etc. — rather than regulating the
use itself.
3. Assure that the regulations are applied uniformly among religious
institutions, other non-commercial, and commercial activities.
Staff at this time does not believe that the Palm Springs Zoning Code poses any
problems with federal law, but any changes should be undertaken with care to the
requirements of RLUIPA.
Staff believes that the City's Zoning Code should be brought up to date with regard to
regulating religious institutions as a land use, while remaining sensitive to RLUIPA. The
following amendments are recommended:
1. Replace the word "church" with the phrase, "religious institution"
2. Develop a new definition for "religious institutions" that describes the
activity, rather than the facility.
3. Review the zones within which churches are permitted or conditionally
permitted and make any desired adjustments.
Attachments:
A. Uses permitted by Land Use Permit in the C-B-D Zone
41
Exhibit "A"
92.09.01 C-B-D Zone- Uses permitted.
C. Uses Permitted by Land Use Permit.
2. Outdoor uses as an accessory to a permitted main use and located on the same
property as the permitted use:
a. Art displays;
b. Artisans, artists;
C. Car shows;
d. Christmas tree sales not as an accessory use to a main use;
e. Display cases in malls or courts;
f. Farmers market;
g. Fashion shows,
h. Festivals, exhibits and special events;
i. Florists;
I Musicians/entertainment(subject to provisions of noise ordinance);
k. Outdoor dining including beverage service;
L Plant and floral sales and displays;
M. Postcard displays (limited to one per store frontage);
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
3. Outdoor uses as an accessory to a permitted main use and located on public
property including the public right-of-way(streets and sidewalks):
a. Art displays;
b. Artisans, artists;
C. Festivals, exhibits and special events;
d. Florists;
e. Musicians/entertainment(subject to provisions of noise ordinance);
f. Outdoor dining including beverage service;
g. Plant and floral sales and displays;
h. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Other uses as determined by the planning commission.
4. Outdoor uses located on public property including the public right-of-way(streets
and sidewalks) when conducted in a designated area approved by the city
council and undertaken as part of a festival, event or program to promote
commercial, artistic or cultural activity in the downtown district:
a. Art displays;
b. Artisans, artists;
C. Bicycle rental;
d. Car shows;
e. Farmers market;
f. Fashion shows, 42
g. Festivals, exhibits and special events;
h. Florists;
i. Musicianslentertainment(subject to provisions of noise ordinance);
I Outdoor dining including beverage service;
k. Plant and floral sales and displays;
L Theatre and public assembly;
M. Tourism activities kiosks;
n. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
V. Antiques and collectibles,
vi. Other uses as determined by the planning commission.
4 '
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
,,aiM t
9
4
(fit la0ax`P•
City Council
Meeting Date: July 6, 2011
Subject: ZTA Case 5.1211 Outdoor Accessory Uses and Religious Institutions
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
on June 25, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
L
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 22, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
��4w'-b
Kathie Hart, CMC
Chief Deputy City Clerk
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 21, 2011, 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.
Kathie Hart, CMC
Chief Deputy City Clerk
44
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262 - - - - -
760-778-4578/Fax 760-778-4731 NOTICE OF OUBLIC HEARING .
CITY COUNCIL
CITY OF PIALM SPRINGS
CASE 5.1211 -APP ICATION BY THE CITY OF
State Of California ss: PALM SPRINGS FO A ZONING ORDINANCE
AMENDMENIF
ATED.TO OUTDOOR
County of Riverside ACCESSORY USERELIGIOUS INSTITUTIONS
NOTICE IS HEREBfEN that the City Council of
the City of Palm SprintCalifornia,will hold a public
Advertiser: hearing at its meeting uly6,201.1.The City Council
meeting begins at .m.in the Council GhaMber
CITY OF PALM SPRINGS/LEGALS at City Hall, 3200' ahquitz Canyon Way, Palm
PO BOX 2743 Springs.
PALM SPRINGS CA 922632 The purpose of the h ring is to consider amending
the Palm Springs ning Code relating to the
establishment of pall as and standards for outdoor
accessory uses and igious instkutions.
2000268407 ENVIRONMENTAL ERMINATION: The City of
Palm Springs,in its c ' as the lead agency,under
the California Enviro entai Quality Act (CEQA)_has
determined that the posed Zoning Ordinance text
amendment is Ca rically Exempt under Section
15305-MinorAlte nsin Land Use Limitations-of
I am over the age of 18 years old, a citizen of the United the Guidelines for the Implementation of CEQA.The
States and not a party to, or have interest in this matter. I proposed amendmer,•ltsdo not result in any significant
hereby certify that the attached advertisement appeared changes in land use Or density.
in said newspaper (set in type not smaller than non panel) REVIEW OF INF TION: The staff report and
in each and entire issue of said newspaper and not in any other supporting d uments regarding this project
supplement thereof on the following dates,to wit: are also available for-public review at City Hall
between the hours of-$:00 and 11 a.m.and between
Newspaper: The Desert Sun 2:00 and 6:00 p.m.Mondaythrough Thursday.Please
contact the Office of the City Clerk(760)323-8204 if
you would like to schedule an appointment to reiview
6/25/2 011 these documents.
COMMENT ON TIIS APPLICATION: Response
to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing.Written
comments may be trade to the City Council by letter
(for mail or hand delivery)to:
James ompson,City Clerk
I acknowledge that I am a principal clerk of the printer of 32 00 E.Tahquitz Canyon Way.
The Desert Sun, printed and published weekly in the City .Pal Springs,CA 92262
of Palm Springs, County of Riverside, State of California.
The Desert Sun was adjudicated a newspaper of general Any challenge Of a proposed project in court may
circulation on March 24, 1988 by the Superior Court of the be limited to rasiro only those issues raised at.the
County of Riverside, State of California Case No. public hearing desicribed in this notice, or in wrtiten
191236. correspondence delivered to the City Clerk at,or prior
to, the public he4ring. (Government Code Section
65009[b)[2D•
I declare under penalty of perjury that the foregoing is true An opportunity w 1 be given at said hearing for all
and correct. Executed on this 25th day of June, 2011 in interested persons to be heard..Questions regarding
this case may be directed to,
Cra
Palm Springs, California. Pg A.Ewing,Director,
lanning ServiceslDepartme t at1(760)323-8245.
Si necesita ayuda con esta Carta, porfavor flame a Is
Ciudad de Palm prings ypuede hablar con Nadine
Fieger telefono(7 )323-8245.
I
JamesThompsan,City Clerk
DeclaraLU's S'r�nattue
Q d P Y 'a®mem+ma,
1
OL
WQ Q1 2U `
Ua, cmLLJ
cc� = WN
O �67
N
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1211 - APPLICATION BY THE CITY OF PALM SPRINGS
FOR A ZONING ORDINANCE AMENDMENT RELATED TO
OUTDOOR ACCESSORY USES AND RELIGIOUS INSTITUTIONS
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 6, 2011. 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 the hearing is to consider amending the Palm Springs Zoning Code relating to
the establishment of policies and standards for outdoor accessory uses and religious
institutions.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead
agency, under the California Environmental Quality Act (CEQA) has determined that the
proposed Zoning Ordinance text amendment is Categorically Exempt under Section 15305 —
Minor Alterations in Land Use Limitations — of the Guidelines for the Implementation of CEQA.
The proposed amendments do not result in any significant changes in land use or density.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this
project are also available for public review at City Hall between the hours of 8:00 and 11 a.m.
and between 2:00 and 6:00 p.m. Monday through Thursday. Please contact the Office of the
City Clerk (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, Director, Planning Services Department
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.
James Thompson, City Clerk
415