HomeMy WebLinkAbout10/6/2004 - STAFF REPORTS (15) DATE: October 6, 2004
TO: City Council
FROM: Director of Planning Services
CASE 10.450 — APPEAL OF PLANNING COMMISSION DETERMINATION THAT A CHURCH
IS NOT SIMILAR TO A BOOKSTORE OR OFFICE IN THE CENTRAL BUSINESS DISTRICT
ZONE.
APPEAL
An appeal by the Desert Cities Community Church of Religious Science of the Planning
Commission's determination that a church is not similar to a bookstore or office in the CBD zone
and that the applicant should initiate a zoning text amendment to add churches as a land use,
with a conditional use permit, in the CBD zone. The Planning Commission also allowed the
applicant the option of modifying the floor plan such that the primary use of the space is clearly
a bookstore or an office.
The City Council may uphold, override or modify the decision of the Planning Commission. At
the conclusion of the public hearing, the City Council should provide direction to staff, in the
form of a motion, so that a resolution can be prepared for consideration at the next City Council
meeting.
SUMMARY
The Planning Commission, at their meeting on July 28, 2004, voted 4-0 to determine that a
church is not similar to a bookstore or office and that the applicant should initiate a zoning text
amendment to add churches as a land use, with a conditional use permit, in the CBD zone,
unless the floor plan is modified such that the primary use of the space is clearly a bookstore or
an office.
The applicant filed an appeal of the Planning Commission's decision on August 11, 2004.
BACKGROUND
Desert Cities Community Church of Religious Science has filed a request for a determination to
evaluate whether its proposed land use is similar to a bookstore or office, which are permissible
uses, in the Central Business District zone. The proposed land use includes an 850 square foot
space leased by the church for educational purposes, lectures, books and tapes for sale, for
prayer and meditation, for ESL classes, and as an office for the church. The site is located in the
Central Business District (CBD) zone.
Based upon a review of City ordinances, City policy, and a written description of the proposed
use and floorplan provided by the applicant, the Planning Commission determined that this use
not be permitted by right-of-zone in the CBD zone. The applicant indicates that the proposed
use is similar to that of the Christian Science Monitor Reading Room. However, the Christian
Science Monitor Reading Room is clearly a retail bookstore, as a primary land use, with classes
and lectures offered as a secondary land use. Our Lady of Solitude Church is also located
within the CBD zone, however, the church has existed since 1930, prior to the incorporation of
the City and prior to the adoption of zoning ordinances. Therefore, Our Lady of Solitude Church
is classified as a non-conforming land use that has been allowed to continue because it was
established prior to the adoption of ordinances that prohibit churches in the CBD zone.
The functions proposed by the applicant indicate that they are more closely in line with functions
provided by a church instead of a retail bookstore. The applicant indicates that there will be no
regularly scheduled church services. However, a review of the physical site and website for the
church states that services are advertised for Sundays at 9:00 a.m., 11:00 a.m., and 7:00 p.m.
ANALYSIS
If the City Council chooses to override the decision of the Planning Commission and determine
that the proposed land use is similar to a permitted land use in the CBD zone, the following four
findings must be made, in accordance with Section 94.01.02 of the Zoning Ordinance:
1. That the use is in keeping with the stated intent and purpose of the zone.
The finding should not be made because the use is not in keeping with the stated intent and
purpose of the zone, which states, "the CBD 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 proposed primary use is not an active, lively use
that is retail business in character and therefore, does not meet the stated intent and purpose 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 site is located within the Amado Center located at 333 North Palm Canyon Drive. The
space that is being leased is located on the interior courtyard of the center and does not front
onto a street. Surrounding land uses include professional offices and retail/restaurant uses. The
CBD zone lists many permitted land uses with the majority focused on downtown/visitor-serving
uses of a commercial and retail nature. The proposed land use offers services including
classes, lectures, regular weekly services, and a place of prayer and meditation. The proposed
use is not of a commercial or retail nature and therefore, would not be compatible with permitted
uses in 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.
The applicant is requesting that a determination be made that the church is similar to an office
or bookstore. However, a review of the floor plan and field investigation by staff revealed that
the proposed land use is not similar to uses in the immediate vicinity of the site. Uses in the
immediate vicinity of the site include a hair salon, yoga center, physical therapy, professional
offices, retail clothing, restaurant/food uses, and personal services such as tailors. The
proposed land use does not have a commercial or retail character and therefore, is not similar to
one or more uses permitted in the CBD zone.
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 listed.
The proposed land use may have the potential to impact surrounding property values because it
is not similar to surrounding retail/commercial uses.
Based on these findings, the Planning Commission determined that the church is not similar to a
bookstore or office. A zoning text amendment to add churches as a land use in the CBD zone,
subject to a conditional use permit, would be more appropriate than a determination for the
present application because there are similar uses requiring a conditional use permit listed for
the CBD zone, such as lodges, meeting halls, and private clubs. A Planned Development
District for the subject property may also be applied for in order to allow specific uses, such as a
church, that might not otherwise be permitted in the zone. A third alternative is for the applicant
to modify the floor plan of the leased space so that the primary use is clearly that of a bookstore
or other permitted use in the CBD zone.
Directo f Planning Services
City Manager
ATTACHMENTS
1. Appeal letter dated August 11, 2004 from Desert Cities Community Church of Religious
Science
2. Planning Commission staff report from July 28, 2004 with all attachments
3. Planning Commission minutes from July 28, 2004 (draft)
rA
ERT CMS CAMM�JNM alURCH
OF RELIGIOUS SCIENCE
V +mot Chhxch of WiShm Sdam
Reverend Hank Bates, Founding Minister
August 11, 2004
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA
Re: Case 10.450 - Desert Cities Community Church of Religious Science
The Desert Cities Community Church of Religious Science, Rev. Hank Bates,
Founding Minister, is appealing the Planning Commission's decision for the issuance
of a use permit.
I am including with this appeal a check in the amount of$475.00 payable to the City
of Palm Springs.
I am asking that the City Council hear my appeal and my case for allowing the
Desert Cities Community Church of Religious Science to continue its operation at 333
North Palm Canyon Drive, Building # 117, without the modifications stated in the
Planning Commission's determination. It is an infringement on the integrity of the
church's mission to present its operation as anything other than a facility operated
for spiritual instruction.
The space occupied by the church is not fronting either North Palm Canyon Drive or
Bellardo and is situated in the back of a "mixed-use" center. The church does not
infringe or inhabit the business activity of the center nor does it bring any
undesirable element to the downtown area. Additionally, there is already present
within the CBD zone similar and related religious/spiritual occupants. Jerry Ogburn,
Director of the Downtown Development Center for the Village of Palm Springs,
states his agreement with my conclusions in his letter dated June 25, 2004.
Maximum blessi gs,
7,R)-X��4
Rev. Hank Bates
Founding Minister
333 North Palm Canyon Drive, Bldg # 117
Palm Springs, California 92262
Telephone (760) 778-5677/ e-mail: DCCCRSCcDrevbates.com
www.revbates.tv/PaImSprinQs.htrn
DATE: July 28, 2004
TO: Planning Commission
FROM: Director of Planning Services
CASE 10.450 — PLANNING COMMISSION DETERMINATION OF WHETHER A CHURCH IS
SIMILAR TO A BOOKSTORE OR OFFICE IN THE CENTRAL BUSINESS DISTRICT ZONE.
RECOMMENDATION
That the Planning Commission determine that a church is not similar to a bookstore or office in
the CBD zone. Staff also recommends the following three alternatives for the Planning
Commission to consider:
1. That a request for a zoning text amendment be initiated by the applicant to formally add
churches as a land use, with a conditional use permit, in the CBD zone; or
2. That the applicant apply for a Planned Development District for the property located at
333 North Palm Canyon Drive, which would allow specific uses such as a church; or
3. That the applicant modify the floor plan such that the primary use of the space is clearly
a bookstore or office.
BACKGROUND
Desert Cities Community Church of Religious Science has filed a request for a Planning
Commission determination to evaluate whether its proposed land use is similar to a bookstore
or office, which are permissible uses, in the Central Business District zone. The proposed land
use includes an 850 square foot space leased by the church for educational purposes, lectures,
books and tapes for sale, for prayer and meditation, for ESL classes, and as an office for the
church. The applicant has not yet applied for a business license to operate at 333 North Palm
Canyon Drive. The site is located in the Central Business District (CBD) zone.
Based upon a review of City ordinances, City policy, and a written description of the proposed
use and floorplan provided by the applicant, staff recommends that this use not be permitted by
right-of-zone in the CBD zone. The applicant indicates that the proposed use is similar to that of
the Christian Science Monitor Reading Room. However, the Christian Science Monitor Reading
Room is clearly a retail bookstore, as a primary land use, with classes and lectures offered as a
secondary land use. Our Lady of Solitude Church is also located within the CBD zone, however,
the church has existed since 1930, prior to the incorporation of the City and prior to the adoption
of zoning ordinances. Therefore, Our Lady of Solitude Church is classified as a non-conforming
land use that has been allowed to continue because it was established prior to the adoption of
ordinances that prohibit churches in the CBD zone.
The functions proposed by the applicant indicate that they are more closely in line with functions
provided by a church instead of a retail bookstore. The applicant indicates that there will be no
regularly scheduled church services. However, a review of the physical site and website for the
church states that services are advertised for Sundays at 9:00 a.m., 11:00 a.m., and 7:00 p.m.
ANALYSIS
If the Commission determines that the proposed land use is similar to a permitted land use in
the CBD zone, the following four findings must be made, in accordance with Section 94.01.02 of
the Zoning Ordinance:
1. That the use is in keeping with the stated intent and purpose of the zone.
The finding should not be made because the use is not in keeping with the stated intent and
purpose of the zone, which states, "the CBD 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 proposed primary use is not an active, lively use
that is retail business in character and therefore, does not meet the stated intent and purpose 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 site is located within the Amado Center located at 333 North Palm Canyon Drive. The
space that is being leased is located on the interior courtyard of the center and does not front
onto a street. Surrounding land uses include professional offices and retail/restaurant uses. The
CBD zone lists many permitted land uses with the majority focused on downtown/visitor-serving
uses of a commercial and retail nature. The proposed land use offers services including
classes, lectures, regular weekly services, and a place of prayer and meditation. The proposed
use is not of a commercial or retail nature and therefore, would not be compatible with permitted
uses in 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.
The applicant is requesting that the Commission determine that the church is similar to an office
or bookstore. However, a review of the floor plan and field investigation by staff revealed that
the proposed land use is not similar to uses in the immediate vicinity of the site. Uses in the
immediate vicinity of the site include a hair salon, yoga center, physical therapy, professional
offices, retail clothing, restaurant/food uses, and personal services such as tailors. The
proposed land use does not have a commercial or retail character and therefore, is not similar to
one or more uses permitted in the CBD zone.
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 listed.
The proposed land use may have the potential to impact surrounding property values because it
is not similar to surrounding retail/commercial uses.
Based on these findings, staff recommends that the Commission determine that the church is
not similar to a bookstore or office. However, the Commission may also consider any of the
alternatives listed in the recommendation section, above. A zoning text amendment to add
churches as a land use in the CBD zone, subject to a conditional use permit, would be more
# F
appropriate than a determination for the present application because there are similar uses
requiring a conditional use permit listed for the CBD zone, such as lodges, meeting halls, and
private clubs. A Planned Development District for the subject property may also be applied for
in order to allow specific uses, such as a church, that might not otherwise be permitted in the
zone. A third alternative is for the applicant to modify the floor plan of the leased space so that
the primary use is clearly that of a bookstore or other permitted use in the CBD zone.
ATTACHMENTS
1. Permitted land uses in the CBD zone
2. Desert Cities Community Church of Religious Science information package
3. Letter from Jerry Ogburn dated June 25, 2004
4. Resolution
92,08.04
eighteen (18) feet and one (1)story. Not less than the twenty-five (25) feet nearest the street shall be landsca and
ntained. The remainder may be used for parking; provided, a wall or mound not less than four(4) feet ' eight is
instal between the landscaped portion and the parking area.
6. a properly in the"P"zone abuts property in a commercial or industrial zone, there s be a side yard of
not less than ten 0)feet and a rear yard of not less than fifteen (15) feet. Such yard may be ed for parking or load-
ing.
E. Wall,Fences an andscaping.
I. Walls shall be erecte s required in Section 92.08.03(D).
2. The provisions of Section .02.00 shall apply.
F. Access.The provisions of Sec i n 93.05.00 shall apply.
G. Coverage.Lot area coverage by b ' ings or structures shall t exceed sixty(60)percent of the total lot area.
H. Off-street Parking.The provisions of lion 93.06.00 s apply.
I. Off-street Loading and Trash Areas.The p isions Section 93.07.00 shall apply.
J. Signs.The provisions of Section 93.20.00 shall ly.
K. Storage. All goods, wares, merchandise, duce other commodities located upon the property shall be
housed in permanent, entirely enclosed buildin . The conductin f an office use allowed in this zone shall not include
any storage,equipment or trucks three-qu r(3/4)ton or larger.
L. Antennas.The provisions of tion 93.08.00 shall apply.
M. Public Art. The provisio of Section 93.11.00 shall apply. (Ord. 1 3 (part), 1998; Ord. 1500 (part), 1995;
Ord. 1294 (part), 1988)
92.08.04 Pe ance standards.
A minimum o orty (40) percent of the site area shall be developed as usable landscape en space with an ade-
quate irrigatio system.(Ord. 1294 (part), 1988)
92.08. Property maintenance standards.
1 properties shall be subject to property maintenance standards established in Section 93.19.00. (Ord. 1 (part),
1988)
92.09.00 "C-B-D"central business district zone.
A. 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 in-
tended 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 encour-
aged.
B. The historic village center, within the central business district, is intended to serve as the center of the down-
town with the primary economic activities focusing on specialty retail, restaurants and entertainment. The following
streets shall be deemed to be within the historic village center: Palm Canyon Drive, between Amado and Baristo Roads;
Tahquitz Canyon Way, between Belardo Road and Indian Canyon Drive; Andreas Road, between Palm Canyon and
Indian Canyon Drives; Arenas Road, between Belardo Road and Indian Canyon Drive; and Baristo Road, northerly
side, between Palm Canyon and Indian Canyon Drives_ (Ord. 1423 (part), 1992; Ord. 1294(part), 1988)
92.09.01 Uses permitted.
A. Uses Permitted. Buildings, structures and land shall be used and buildings and structures shall hereafter be
erected, altered or enlarged only for the following uses. All uses shall be subject to the standards prescribed in Section
92.09.03.
1. Accessory uses customarily incident to the permitted uses and located on the same lot therewith are permitted.
The sale of used merchandise will be permitted as secondary use if such merchandise is similar to the primary line or
lines of new merchandise marketed by the enterprise;
2. Antique shops;
3. Apparel stores;
46 itLLI
17
f Y LV
92.09-01
4. Art galleries;
5. Artist studios;
6. Automobile parking lots and structures as a main use;
7. Bakeries(retail only, with no on-site consumption of food);
8. Barber shops;
9. Beauty shops and supplies;
10. Bicycle sales including accessory repair;
11. Book and stationery stores;
12, Confectionery stores;
13. Convention centers;
14. Dance studios;
15. Delicatessens(Deleted by Ord. 1553);
16. Department stores;
17, Drafting and art supply stores;
18. Dressmaking shops;
19. Drug stores;
20. Film and camera sales;
21. Florist shops;
22. Furniture sales;
23. Gift stores;
24. Hardware and appliance stores;
25. Hobby shops;
26. Hotels(provided that,no more than ten(10)percent of the guest rooms contain kitchen facilities)and multiple-
family dwellings,subject to the R-4 zone standards(Section 92.05.00),including the following:
a. Private clubs and condominiums;
b. Resort hotels,including incidental or accessory commercial uses operated primarily for the convenience of the ho-
tel guests;
27. Interior furnishing/decorator shops;
28. .Jewelry stores;
29. Leather goods, luggage stores;
30. Libraries;
31. Medical/sickroom supplies(retail);
32. Modeling school, in conjunction with an approved modeling agency;
33. Movie theaters;
34. Museums;
35. Music stores;
36. Newspaper/periodical shops;
37. Offices(except contractors)and financial institutions,but offices and financial institutions shall not exceed five
thousand(5,000)square feet of gross floor area if located on the street level nor front a street within the historic village cen-
ter; Lek, v kowjjj
38. Outdoor display as an accessory to a permitted main use and located on the same property as the permitted use in
central business district zone bebveen Amado Road and Alejo Road.
a. Display of merchandise offered for sale within the 300-400 block of North Palm Canyon Drive only:
i. Merchandise shall be limited to furniture, antiques, fine arts and the fine apparel.
ii. A maximum of one item may be displayed within a single contiguous area of sixteen(16)square feet that is totally
located on front of and adjacent to the primary use.
iii. Items must be heestandnng arid not attached to any building.
iv. The maximum height of the display shall be seven feet.
V. The display shall not be placed within the public right-of-way.
vi. No product advertising nor signage may be placed on the display.
47 (Palm Spring Sapp.No.3,12-03)
" 92,09.01
vii. Prohibited items include all merchandise not specifically covered in item i above.Specifically prohibited items in-
clude, but are not limited to,accessories, display racks,mannequins(except torso display frames),and other items.
viii. Approval of such display shall be subject to Section 94.04.00,minor architectural application for a finding thatthe
display is compatible with pedestrian movements and the character of the surrounding development.
39. Pet shop,including pet grooming(no kennel facilities);
40. Photographic studios;
4t. Picture framing(retail and assembly only);
42. Plant sales;
43. Public parks/plazas;
44. Movie, radio and television production and broadcast facilities;
45. Radio,television and music shops with service as an accessory use;
46. Shoe repair;
47. Shoe stores;
48, Slenderizing salons,health clubs,athletic clubs;
49. Sporting goods;
50. Stamp and coin stores;
51. Tailor shops;
52. Theaters, legitimate stage;
53. Toy stores;
54. Travel agencies;
55. Valet cleaning service;
56. Video/amusement arcades and machines as a secondary use in conjunction with a resorthotel subject to the provi-
sions of Section 9316.00;
57. Video/amusement machines as accessory subject to provisions of 93.16,00;
58. Wine shops.
B. Similar Uses Permitted by CommissionDetermination.The commission may,by resolution ofrecord,permit any
other uses which it may determine to be similar to those listed above,and not more obnoxious or detrimental to the public
health,safety,and welfare or to the other uses permitted in the zone,as provided in Section 94.01.00.
C. Uses Permitted by Land Use Permit.
1. Indoor uses;
a. Art schools;
b. Automotive rental agencies as part of a resort hotel.The following standards shall apply:
i. Standards prescribed in Section 92.04.01(A)(2),Accessory commercial uses for resort hotels,shall be.complied
with,
ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the hotel only,
iii. No service or repair facilities for the vehicles shall be permitted at the hotel site,
iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in accordance with the
provisions of Section 93.06.00;
C. Bicycle rentals(Deleted by Ord. 1347);
d. Bicycle rental agencies;
C. Blueprinting and photocopying;
f Catering in conjunction with permitted main use;
g. Child care centers;
h. Conversion of existing tipper-story floor area to apartments. The following standards shall apply:
i. Each tmit shall contain complete kitchen and sanitary facilities,
ii. No outdoor storage may be visible from any street,
iii. Such conversion shall be subject to applicable building code provisions,
iv. Additional standards as deemed appropriate by the director of planning and zoning, including considerations for
open space, parking, and trash collection;
i. Delicatessens;
j. Farmers market;
(Palm Spungs Sapp No.3,12-03) 48
92.09.01
k. Festivals and exhibits;
1. Food services and restaurants,all types unless otherwise regulated;
in, Ice cream parlors;
n. Post office branches;
o. Offices (except contractors) and financial institutions on the street level which are in excess of five thousand
(5,000)square feet of gross floor area,but offices and financial institutions which front a set wither the historic village cen-
ter shall not exceed two thousand five hundred(2,500)square feet of gross floor area;
p. Spas provided that the staff is licensed and trained in the particular programs provided as outlined in Chapter 5.34
of the Municipal Code and such facility complies with Chapter 5.34 of the Municipal Code;
q. Specialty marketplaces;
r. Take-out food service in conjunction with permitted restaurant use;
s. Valet cleaning service.
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;
L Florists;
j. Musicians/entertainment(subject to provisions of noise ordinance);
k. Outdoor dining including beverage service;
1. Plant and floral sales and displays;
in. 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 conunissiou.
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/entertamment(subject to provisions of noise ordinance);
£ Outdoor dinning 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 includinig 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 commer-
cial, artistic or cultural activity in the downtown district:
49 (Pa➢n Springs Stipp.No,3,11-03)
92,09.01
a. Art displays;
b. Artisans,artists;
c. Bicycle rental;
d. Car shows;
e. Farmers market;
f. Fashion shows;
g. Festivals, exhibits and special events;
h. Florists;
i. Musicians/entertahnment(subject to provisions of noise ordinance);
j. Outdoor dining including beverage service;
k. Plant and floral sales and displays;
1. 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.
D. Uses Permitted by Conditional Use Permit.
1. Automobile parking(Deleted by Ord. 1418);
2. Automobile service stations designed and constructed as an integral part of an automobile parking structure;
3. Automobile showrooms(at least fifty(50)percent of autos displayed for sale shall be new or classic cars);
4. Beer gardens;
5. Cocldail lounges and nightclubs with or without dancing;
6. Discotheques;
7. Financial institutions with drive-through facilities;
8. Hotels in which more than ten(10)percent of the guest rooms contain kitchen facilities;
9. Liquor stores;
10. Lodges,meeting halls,private clubs;
11. Offices(except contractors)and financial institutions in excess of two thousand five hundred(2,500)square feet of
gross floor area which front a street within the historic village center;
12. Recreational facilities,commercial;
13. Tennis courts (Deleted by Ord. 1418);
14. Tune-share projects subject to the provisions of Section 93.15.00;
15. Video/amusement arcades as a primary use, and video/amusement machines as a secondary use,except as other-
wise regulated,subject to the provisions of Section 93.16.00;and provided that,such arcades/machines are located no closer
than three hundred(300)feet to any other such use;
16. Spas as an accessory use to a hotel subject to the following standards:
a. For hotels with under fifty(50)rooms,the facility is to serve hotel guests only.Facilities located in hotels with
more than fifty(50)rooms and located on a maj or thoroughfare may be permitted to serve clients who are not hotel guests,
b. The hotel has a minimum of fifteen(15)guest rooms,
c, Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Mu-
nicipal Code,
d. Such facility shall comply with Chapter 5.34 of the Municipal Code.(Ord, 1633§ 1,2003;Ord. 1590§§ 8,9,2000;
Ord. 1553(part), 1998;Ord, 1502(part), 1995;Ord. 1423(part), 1992;Ord. 1418(part), 1992;Ord. 1385, 1991;Ord.1366
(part), 1991; Ord. 1347(part),1990;Ord_ 1333 (part), 1989;Ord. 1294(part), 1988)
(Palm Srtings Supp.No 3,12-03) 50 1(
92.09.02
92.09.02 Uses prohibited.
All uses and structures not permitted in Section 92.09.01 are deemed to be specifically prohibited.The following classi-
fication of uses shall not be permitted in this zone by planning commission determination:
A. Adult entertainment establishments;
B. Auction galleries, except as otherwise permitted per Chapter 5.04 of the Palm Springs Municipal Code;
C. Automobile service stations other than those permitted in Section 92.09.01(C)(2);
D. Auto rental,except as,otherwise permitted;
E. Billiards(Deleted by Ord. 1452);
F. Cleaning establishments with cleaning plants on the premises;
G. Convenience food and sundries stores;
H. Dog kennels and catteries;
I. Drive-in and drive-through facilities, except financial institutions;
J. Industrial uses and manufacturing;
K. Massage establishments,except in conjunction with resort hotel;
L. Mobilehorne/RV parks;
M. Motor scooter,motorbike and motorcycle rentals and sales,both as a primary and accessory use;
N. Pawn shops;
O. Pinball(Deleted by Ord. 1502);
P. Second-hand stores and used goods as primary uses;
Q. Self-service laundries;
R. Single-family residences;
S. Supermarkets;
T. Tattoo parlors and body piercing;
U. Upholstery shops;
50-1 (Palm Springs Sopp No 3,12-03)
SUN-22-2004 12:48 PM TESOROS.PUEBLO 76+4161014
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June 22, 2004
Attn: Jing Yeo - Principal Planner (VIA FAX;
From: Rev. Hank
Re: Floor Plan
Note: The space is 850 square feet in a mixed-use center(Amado Center) and is not
visible from either Palm Canyon Blvd. or Bellardo Street.
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333 North Palm Canyon Drive, Bldg # 117
Palm Springs,California 92262
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OF RELIGIOUS MENCE
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Reverend Hank Bates, Founding Minister ----__
June 18, 2004 �� JUfll 2 1 2004
Ms. ling Yeo p� ;.ogtlq �r e `lia ,
Assistant Planner - Dept. of Planning and Zoning
City of Palm Springs 0 �rr7
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263 Via: Fax# 322-8360
Re: Application for User Permit
Dear Ms. Yeo,
This letter is to help clarify the intended use of the church's leased space located at
333 North Palm Canyon Drive, Suite 117 in the Amado Center.
Religious Science teaches the Science of Mind. This is not a "preaching"church but a
healing and teaching philosophy. The use of this space is for the following:
1) Provide classes based on the study of the Science of Mind and the
teachings of Jesus as outlined in the By-Laws and Articles of
Incorporation of the church.
2) To provide lectures with the intention to motivate, inspire,
empower and enliven the self-esteem and confidence of attendees.
3) To offer books and tapes for sale in support of the Science of Mind
philosophy and the teachings of Jesus.
4) The church aspect of this use is intended to provide a "safe" place
for the use of the general public for prayer, meditation and spiritual
guidance.
5) The community aspect of this use is intended to provide "free" ESL
classes to the general public as a community service.
6) Use as the office for the Desert Cities Community Church of
Religious Science and RevBates.ty virtual ministry.
This teaching focuses on the mind and spirit ... through study, education and self-
appraisal. I believe wholeheartedly that I fit as a "service, office and cultural" use.
This space is not located in the "historic village center" as stated in 92.09.00 Section
B. so I would assume it is not necessary to take that into consideration.
Maximum blessings,
Fev:�H�`ank Bates
P.S. - I will hand-deliver the check ($265.00) Monday morning, June 21, 2004.
333 North Palm Canyon Drive, Bldg # 117
Palm Springs, California 92262
Telephone (760) 778-5677/ e-mail: DCCCRSCDrevbates.com I
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www.revbates.tviPalmSprin s.htmee►►
Desert Cities Community Church
of Religious Science
A Very Independent Church of Religious Science
Reverend Hank Bates, Founding Minister
April 28, 2004
City of Palm Springs
Attention: Planning Department
The purpose of this church is to create a space where people can learn or at least be
exposed to spiritual principles that they can use in their lives to create a more joyful
and fulfilling Life experience.
An example of similarity in downtown Palm Springs is the Christian Science Reading
Room. Small group studies and lectures will be presented here as well as books and
tapes that address the affirmative aspects of God and Life and consistent with the
philosophy of Religious Science. If a greater demand is made on the church for
larger audiences, meeting room space will be rented in hotels etc.
This church will be open for people to come in and pray or speak to a minister on a
casual basis throughout the week. The mission of this work is healing and the
method in which AA conducts their meetings is similar except this church will have a
greater focus on the spiritual aspects of healing.
The "community" aspect of the church will be an offering of"free" classes in English
as a Second Language for Spanish speakers by an experienced teacher. The class
will be limited to no more than 15 students.
This is a beautiful space and this church will be a great asset to the downtown area
of Palm Springs. It will in fact bring a different dimension to the concept of church
for most people. The facility is not visible from the street either east or west.
I am aware that there is some concern regarding a church at this location attracting
homeless people but this church is not involved with food programs or outreach to
indigent people. As the manager of the Corridor, I am well aware of the necessity
for monitoring people who enter the property.
I hope this document answers any concerns or questions regarding this church.
Respectfully
Rev. Hank Bates APR 21 20N
Founding Minister
333 NP lm Sp ngs,th Palm Canyon California 92262 117 11
Telephone (760) 778-5677 / e-mail: DCCCRS@revbates.com
Palm Springs Church of Religious Science, Desert Cities Community Church Page 1 of 2
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Tuesday Evenings-weekly
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6:30 p.m. - 8:00 p.m.
COMING SOON!
Spiritual Books, Study CREATIVE MIND & SUCCESS
Guides and Tapes Workshop for Business
„ Available.
"One's willingness Professionals
to stand firm in libros en espal5ol
their conviction (s)
is a Sure sign of
the "realization of
self" of that
individual. Dr. Robert H. Schuller: `If you can dream it—you
...thanks again for can do rt- Build your dreams—and your dreams
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City of Angels Church
of Religious Science -- - - - - - - —
As we accept
greater success for
ourselves and The purpose of this new Palm Springs Church is to teach the Principles of Religious
become more Science in a radical new way. The Desert Cities Community Church of Religious Science, is an
I I 17
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Palm Springs Church of Religious Science, Desert Cities Community Church Page 2 of 2
aware of who we Independent Religious Science Church. Having studied with Dr. O. C. Smith at the City of
really are and our Angels Church of Religious Science, also an Independent Religious Science Church, I realized
place in the the value of being Independent... a church without limits or the restrictions of tradition ... a
Universe, church open to Divine Guidance and infinite possibilities. This new Palm Springs Religious
the Great Potential Science church will teach the power, the joy and the love of God in a new way to all those who
within each of us attend the lectures, classes or the study groups at the Desert Cities Community Church of
begins its Religious Science. This church is open to everyone ... and is open to the questions and
magnificent inquiries of everyone— we are here to serve God and serve all those who enter our doors who
unfoldment into our sincerely seek the Truth.
Life's experiences.
We teach that God/s the Only Presence and Power in the Universe. That we are
_ created in the Image and the Likeness of God;Spirit, Life and Truth. We teach the simple
Principles taught by the Master Mind Jesus as clarified in the Science of Mind authored by the
Founder of Religious Science, Dr. Ernest Holmes. Having studied with Dr. Robert H. Bitzer, Dr.
Pues aceptamos Domenic A. Polifrone, Dr. O. C. Smith and Rev. Dr. Juanita Bryant-Dunn ... this minister will
mayor exito pare strive to "teach"with the same simplicity as Jesus... who mastered teaching profound
nosotros mismos y Principles by using parables or stories to illustrate how these Principles can be effectively
somos mas used in our daily lives... this minister will also strive to teach with the same joyous-ness and
enterados de passion as the teachers who shared their love of God and Religious Science with him.
quienes realmente
somos y nuestro
lugar en el Maximum Love,
universo, el gran Rev. Hank Bates
potential dentro de
cede uno de
nosotros comienza
su unfoldment Rev. Hank Bates: Weekly Message I Practitioner Services I Ceremonies
magnifico an las
experiencias de
nuestra vida.
Contact DCC-CRS
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June 25, 2004
Ms. Jing Yeo. ,assistant Planner
Department of Planning and toning
City of Palm Springs
3200 East Tahquitz Canyon way
Palm Springs,CAg2263
RE: AMADO CENTER/ DESERT COMMUNITY
CHURCH OF RELIGIOUS SCIENCE
k Dear Ms. Yeo:
The Village of Palm Springs I was originally contacted by the owner of The Amado Center
asking my involvement in this matter. Subsequently, I met with
Development Center Rev. Hank Bates to discuss his proposal. His verbal presenta-
tion to me is consistent with the written communications from
him to the Department of Planning and zoning, dated April 28 and
Jerry A. Ughum, Director June 15, 2004. Therefore, I will not repeat this information in
109 Win Indian Canyon Drive this letter,but rather incorporate it by reference.
Palm Springs, CA 9ZZ62
Pertinent to this discussion, I believe, is a notation of relevant
Ph 1760)325-8979 uses currently located in the CBD: 1 ) Our Lady of Solitude
Fax(760)323.891 Catholic Church; 2) La Plaza wedding Chapel (where services
are held); and B)Chrietian Science Reading Room at the Vine-
yard/ Village Green. It is my observation that none of these
uses create negative impacts or conflicts in our downtown, with
the exception of the parking, traffic and food outreach to the
homeless programs related to our Lady of Solitude Catholic
MainStreet-Palm Springs, Inc. church. It is my understanding that Rev, sates' proposal will
Manager create none of these adverse impacts.
This proposed use in the Amado center is at a location which is
Uptown Palm Springs Association not visible from Palm canyon Drive or Belardo Road, therefore
Manager it has historically been very difficult to successfully lease it for
retail purposes. I do feel it appropriate to use this space for
'Vella efesi teaching classes, giving lectures, sale of books and tapes, office
g space and community service space. All of these appear to me
Manager to be consistent with Rev. Bates' proposal. As long as there is
no food outreach program associated with this use. I cannot op-
Palm Springs pose this use as described by Rev. Bates. Although the Hoard
Economic Development Corporation of Directors of MainStrret-Palm Springs has not reviewed this
proposal in detail, I am confident that they would draw the same
conclusions as stated in this letter.
College of the Desert
Institute for Retail Studies Thank you for giving me the opportunity to comment
board posal.
Sinter __ p nq
real cstate parelople t rry 0 burn
JUN 2 5 2004
or Consulting Corporation
MAC' - 1
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DETERMINING THAT A CHURCH IS
NOT A SIMILAR USE TO A BOOKSTORE OR OFFICE IN THE
CENTRAL BUSINESS DISTRICT (CBD) ZONE.
WHEREAS, the Planning Commission has received a zoning text determination request from
Desert Cities Community Church of Religious Science that its proposed used is similar to an
allowable use within the Central Business District (CBD) zone; and
WHEREAS, Desert Cities Community Church of Religious Science proposes to offer classes,
lectures, books and tapes for sale, a place for prayer, meditation, and spiritual guidance, and
free ESL classes of no more than 15 students; and
WHEREAS, the Desert Cities Community Church of Religious Science website states that
church services will be held on Sundays at 9:00 a.m., 11:00 a.m., and 7:00 p.m., and the floor
plan indicates that a significant portion of the floor space will be used for church services; and
WHEREAS, churches are not listed as a land use in Section 92.09.00 (Central Business District
zone) of the Palm Springs Zoning Ordinance and are therefore prohibited in the CBD zone; and
WHEREAS, the Planning Commission held a public meeting on July 28, 2004 and considered
all evidence, including but not limited to, staff report, oral and written information; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with this request, including but not limited to the staff report
and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to Zoning Ordinance Section 94.01.02, the Planning Commission finds
that:
1. That the use is in keeping with the stated intent and purpose of the zone.
The finding should not be made because the use is not in keeping with the stated intent and
purpose of the zone, which states, "the CBD 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 proposed primary use is not an active, lively use
that is retail business in character and therefore, does not meet the stated intent and purpose 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 site is located within the Amado Center located at 333 North Palm Canyon Drive. The
space that is being leased is located on the interior courtyard of the center and does not front
onto a street. Surrounding land uses include professional offices and retail/restaurant uses. The
CBD zone lists many permitted land uses with the majority focused on downtown/visitor-serving
uses of a commercial and retail nature. The proposed land use offers services including
classes, lectures, regular weekly services, and a place of prayer and meditation. The proposed
use is not of a commercial or retail nature and therefore, would not be compatible with permitted
uses in 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.
The applicant is requesting that the Commission determine that the church is similar to an office
or bookstore. However, a review of the floor plan and field investigation by staff revealed that
the proposed land use is not similar to uses in the immediate vicinity of the site. Uses in the
immediate vicinity of the site include a hair salon, yoga center, physical therapy, professional
offices, retail clothing, restaurant/food uses, and personal services such as tailors. The
proposed land use does not have a commercial or retail character and therefore, is not similar to
one or more uses permitted in the CBD zone.
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 listed.
The proposed land use may have the potential to impact surrounding property values because it
is not similar to surrounding retail/commercial uses.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Palm
Springs, determines that the proposed church is not similar to a bookstore or office in the CBD
zone.
ADOPTED this day of , 2004.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Planning Commission Chairman Planning Commission Secretary
N / fi-c�I
Planning Commission Meeting
Minutes of July 28, 2004
Page2of11
EXCERPTED DRAFT MINUTES OF PLANNING COMMISSION MEETING —July 28, 2004
Case 10.450 — Determination by the Planning Commission that a church is similar to a bookstore or
office use in the Central Business District Zone.
Principal Planner Jing Yeo reported on this request by the Desert Cities Community Church of
Religious Science for a Planning Commission determination to evaluate whether its proposed land
use in the Amado Center is similar to a bookstore or office, which are permissible uses, in the
Central Business District Zone located at 333 North Palm Canyon Drive. The space being reviewed
is approximately 850 square feet and has no frontage on Palm Canyon. Staff is recommending that
the Planning Commission determine that it is not similar to a bookstore or an office. Following a
review of the Zoning Code and its intent for the Central Business District, it is a land use that is not
in character with the use of the retail and commercial nature of businesses in the downtown area
and the recommendation is to deny this use.
After further review of their written description for the use and the floorplan for the leased space, it
was clear that it was designed more for a church use. Therefore, staff believed that the more
appropriate course would be a Zoning Text Amendment with a Conditional Use Permit which is
utilized for similar uses, i.e., a meeting hall, private clubs, etc. Staff also found that there were
several appropriate alternative sites, as well as modifying the floorplan.
Staff also consulted with the City Attorney with respect to compliance with the Religious Land Use
and Institutionalized Persons Act ("RLUIPA") and he concurred with staff as long as there were
options for the applicant to consider. That would be the recommendation of the staff to the
Planning Commission.
Commissioner Marantz inquired relative to the parking situation if there are events other than on
Sunday. Ms. Yeo advised that there is limited parking in the rear of the building, but it was not
anticipated that traffic would be significantly impacted by this applicant.
Vice Chairwoman Marantz solicited questions/comments from the Commissioners and public at this
time.
Reverend Hank Bates stated that in April he went to the Business License Department at the City of
Palm Springs and inquired about getting a license to open his church. He was told that churches
do not need a business license to operate. He then proceeded to sign the lease on the space and
went forward with having a sign designed. He stated that he understood a permit for signage would
be required by the City and he submitted an application for a sign.
He spoke of there being located within a five (5) block radius of his proposed church a Christian
Science Reading Room, the Wedding Chapel and Our Lady of Solitude Church all, according to his
understanding, within the Central Business Zone. Reverend Bates explained his puzzlement over
this agenda item as it is stated since he would not even accept a bookstore or office permit —this is
a church and he does not understand why it cannot be at that location. He added that he was
inspired to open a church at this location due to the closure of another church and that it is a small
850 square foot space. He explained that he will not be performing weddings and funerals. This is
a teaching church. He wants to have a spiritual study facility, nothing more, certainly nothing social.
/ p
Planning Commission Meeting
Minutes of July 29, 2004
Page 3 of 11
He added that there was plenty of parking for their needs and requested the Commissioners to
allow this church to operate,
Commissioner Grence inquired relative to the Zoning Text Amendment process. Ms. Yee
described the process of approval possibly taking 3-4 months as it would have to go through
Planning Commission and City Council approvals.
Director Evans stated that it is most unfortunate that this did not come up prior to the sign permit
application being made, but that staff had simply been doing their daily job of reading the code,
interpreting the code and enforcing the code.
Commissioners Wright and Hochanadel agreed that that there should be a procedure in place
whereby this would have come to light at the beginning of the process. Also, that the person who
leased the property should have known the accepted uses of the property and informed Pastor
Bates prior to signing the lease.
M/S/C (JG/LH, 4-0) to deny the application, with the recommendation that a Zoning Text
Amendment be initiated by the applicant and/or the applicant modifies the property to an office or
bookstore use in the interim.
f
DUPLICATc
CITY OF-PALM 8FRIYG
} REC;.'!D Ab (""UNiER oi000OG0,-w,
4 F'AY7f:; iC5EF T CITIES COMM
TODAY18 BATE. 08;11/04
+2ECINER OAT;. 0O'11/04 HOU i0.14 M
APPEAL CASE #M50 A, $4ia.D
TOTAL IUD 4475.00
CNEGR PAIN $41,15;00
NECK NO; iC8
IRIDERED.1,5 5.00
C'NAd6E. S.00
August 13, 2004
Rev. Hanle Bates
Desert Cities Community Church
of Religious Science
333 North Palm Canyon Drive,Bldg#117
Palm Springs, CA 92262
CASE 10.450 -APPEAL
This will acknowledge receipt of your appeal from the Planning Commission determination that
a church is not similar to a bookstore or office in the CBD zone, and that the application should
initiate a zoning test amendment to add churches as a land use, with a conditional use permit, in
the CBD zone. The payment of the required fee of$475 is also acknowledged.
The hearing will be set, based on mutual consent, for Wednesday, October 6, 2004, in the
Council Chamber, 3200 Tabquitz-McCallum Way, starting at about 7:00 p.m. If you have
additional materials you care to submit to the City Council prior to the hearing, please furnish
them to the City Clerk's Office no later than September 24, 2004.
If you have further questions,please contact Jing Yee, Principal Planner at 760-323-8245.
Sincerely,
PATRICIA A. SANDERS
City Clerk
By: JUDITH SUMICH
Acting City Clerk
E ICIF1E ID3Gff T. C E,,U1 U_
2q `0
Reverend Hank Bates, Founding Minister
August 11, 2004
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA
Re: Case 10.450 — Desert Cities Community Church of Religious Science
The Desert Cities Community Church of Religious Science, Rev. Hank Bates,
Founding Minister, is appealing the Planning Commission's decision for the issuance
of a use permit.
I am including with this appeal a check in the amount of $475.00 payable to the City
of Palm Springs.
I am asking that the City Council hear my appeal and my case for allowing the
Desert Cities Community Church of Religious Science to continue its operation at 333
North Palm Canyon Drive, Building # 117, without the modifications stated in the
Planning Commission's determination. It is an infringement on the integrity of the
church's mission to present its operation as anything other than a facility operated
for spiritual instruction.
The space occupied by the church is not fronting either North Palm Canyon Drive or
Bellardo and is situated in the back of a "mixed-use" center. The church does not
infringe or inhabit the business activity of the center nor does it bring any
undesirable element to the downtown area. Additionally, there is already present
within the CBD zone similar and related religious/spiritual occupants. Jerry Ogburn,
Director of the Downtown Development Center for the Village of Palm Springs,
states his agreement with my conclusions in his letter dated June 25, 2004.
Maximum blessip9s,
Rev. Hank Bates
Founding Minister
333 North Palm Canyon Drive, Bldg # 117
Palm Springs, California 92262
Telephone (760) 778-5677/ e-mail: DCCCRS !)revbates.com
jPa�mS wvvkAf.revbates.Lv rincLs.h-un
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JUL-28-2UU4 WED U5i39 PM CITY OF PALM SPRINGS, FAX N0, 76U322HUU P, Ui
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CI`P'Y Off" PALM SPRINGS
DEPARTMENT OF PLANNING AND ZGNING
Date: July 28, 2004
To: Rev. Hank Bates VIA FAX: 416-1019
From: .ling Yeo, Principal Planner
Subject: Case 10.460 — Desert Cities Community Church of Religious Science Planning
Commission Summary
The Planning Commission reviewed the above determination request and voted 4-0 to
determine that a church is not similar to a bookstore or office and that the applicant should
initiate a zoning text amendment to add churches as a land use, with a conditional use permit, in
the CBD zone, unless the floor plan is modified such that the primary use of the space is clearly
a bookstore or an office.
You may appeal the Planning Commission's decision to the City Council within 15 days of this
decision. The following is the process for filing an appeal:
1. Submit a written request, addressed to the City Clerk, appealing the Planning
Commission's decision for your project. The written notice of appeal should include your
full name, address, the case number, why you are appealing, and what you would like
the City Council to do, The written request for appeal and fees must be received by
the City Clerk no later than August 12,2004. k
2. Submit $475, payable to the "City of Palm Springs", to the City Clerk along with your
written request for appeal
3. The City Clerk will notify you in writing that she has received your request.
4. The City Clerk will determine a date when the appeal of the Planning Commission's
decision will be heard by the City Council, You will be notified of when the City Council
will hear the appeal. Please note that City Council does not meet in August;
If you have any questions, please contact me at (760) 323-8245.
Thanks!
Jing
3200 E. TAKQUIT2 CANYON WAY, PALM SPRINGS, CA 02202
TBL: (760) 323.8245 FAX: (760) 322.8360 E-MAIL:JINGY@CI.PAr14-3PRING9.CA.u5
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