HomeMy WebLinkAbout1727 - ORDINANCES - 11/14/2007 ORDINANCE NO. 1727
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE
NO. 1725 FOR A PERIOD OF 10 MONTHS AND 15 DAYS,
PROHIBITING TRANSPORTATION TERMINALS IN THE
M 1 SERVICE/MANUFACTURING ZONE AND THE C-2
GENERAL COMMERCIAL ZONE PENDING THE
COMPLETION OF A STUDY OF THE EFFECTS OF NEW
TRANSPORTATION TERMINALS ON THE RESIDENTS
AND NEIGHBORHOODS OF THE CITY OF PALM
SPRINGS.
The City Council of the City of Palm Springs ordains:
SECTION 1. This Interim Urgency Ordinance is adopted pursuant to Section
65858 of the California Government Code and pursuant to the City's authority over
matters of local concern as a charter city.
SECTION 2. On October 17, 2007, the City Council adopted Ordinance No. 1725,
an initial interim urgency ordinance, declaring that a transportation terminal shall be
considered a prohibited use in any zoning district of the City, except in the M-1-P Zone
where "transportation terminals" are permitted subject to a conditional use permit and in
the CC Zone where "transportation facilities for loading, unloading, and transferring
passengers, baggage, and incidental freight between modes of transportation" are
permitted subject to a conditional use permit. The provisions of Palm Springs Municipal
Code Sections 92.14.01-A-10 and 92.17.01-A-20 are suspended during the period of
this Ordinance or any extension thereof and shall have no force or effect or confer any
rights, privileges, or benefits thereof on any owner or lessee of property affected.
SECTION 3. During the initial interim period established by ordinance No. 1725,
the City Council considered the deleterious impacts on property and neighborhoods that
may be caused by transportation terminals permitted as a matter of right. The Council
further determined that the transportation terminals may be found compatible with
adjoining properties and neighborhoods so long as proposal for transportation terminals
are subject to public review and comment and a conditional review process. The City
Council has initiated an ordinance permitting transportation terminals in the M-1 and C-2
Zone subject to a conditional use permit and referred the ordinance to the City's
Planning Commission for review and comment and the Council anticipates that it will
commence its consideration of this ordinance in December of this year.
SECTION 4. The City of Palm Springs shall not issue or approve any general plan
amendment, specific plan, zone change, building permit, conditional use permit,
variance, precise plan of design, license, or other land use entitlement for the use of any
property or a portion thereof as a transportation terminal.
SECTION 5. The City Council hereby finds, determines, and declares that this
Interim Urgency Ordinance is necessary. The City's M-1 (Service / Manufacturing)
Ordinance No. 1727
Page 2
Zone is intended to provide for the development of industrial uses, including fabrication,
manufacturing, assembly, or processing which do not create or generate by-products
which will adversely affect the resort-open space environment of the city.
Transportation terminals, which include bus stations, are permitted by right in the M-1
Zone. The City's C 2 (General Commercial) Zone provides for general commercial
business uses. There are locations within the City were the property is zoned M-1 or C
2 where transportation terminals may be inappropriate due to the impacts on on-site
circulation, off-site parking and circulation, noise due to proximity to residential and
other issues, and the adequacy of on-site facilities for customer waiting, ancillary
customer services, and potential vehicular services. The city Council is concerned that
these primary and secondary effects of transportation terminals may go unmitigated by
allowing the use to be established as of right in the M-1 or C-2 Zone. Such a result
would be harmful to the public welfare.
SECTION 6. Ten days prior to the expiration of this extension of this Interim
Urgency Ordinance, the City Council shall issue a written report describing any
additional measures which the City has taken to address the conditions which led to the
adoption of this Ordinance.
SECTION 7. This Interim Urgency Ordinance shall be deemed an extension of
Ordinance No. 1725, and shall take effect on November 2, 2007 and shall remain in full
force and effect until October 16, 2008 and shall thereafter be of no further force and
effect unless, after notice pursuant to California Government Code Section 65090 and a
public hearing, the City Council extends this interim urgency ordinance for an additional
period of time pursuant to California government Code Section 65858.
SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction such
decision shall not affect the validity of effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this 14th d of November, 2007.
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ITV AYOR
ATTEST:
CLERK
Ordinance No. 1727
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that the foregoing Ordinance No. 1727 was duly introduced, adopted, and passed
as an interim urgency ordinance at a Regular Meeting of the City Council held on the
14th day of November, 2007, by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tem Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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es Thompson, City Clerk
ity of Palm Springs, California