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Home My WebLink About11/14/2007 - STAFF REPORTS - 4.A. PALM S..R r2 ti u' C p �Row..Eo,,,,m City Council Staff Report � 4�/PORN Date: November 14, 2007 Subject: CASE NO. 5.1173 — APPLICATION BY THE CITY OF PALM SPRINGS RELATING TO AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION A-37 AND PARAGRAPH 1-0 of SUBSECTION c OF SECTION 92.09.01, AND REPEALING SUBSECTION D-11 OF SECTION 92.09.01 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE. From: David H. Ready, City Manager By: Craig A. Ewing, AICP, Director of Planning Services Douglas Holland, City Attorney Summary The project is an amendment to the Palm Springs Zoning Code regarding the standards and regulations for establishing office uses in the Central Business District (C-B-D) zone. The C-B-D zone is applied to the City's downtown area, which is generally identified as Palm Canyon and Indian Canyon Drives between Alejo and Ramon Roads, as well as adjacent streets. The proposed ordinance would prohibit ground floor office and financial uses oriented towards Palm Canyon Drive and allow such uses on street level through a Land Use Permit. Recommendation Introduce and waive reading of Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION A-37 AND PARAGRAPH 1-0 of SUBSECTION c OF SECTION 92.09.01, AND REPEALING SUBSECTION D-11 OF SECTION 92.09.01 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE." Background On July 26, 2006, the City Council adopted Interim Urgency Ordinance No. 1699 which began a moratorium on the establishment of new commercial office and financial institutional uses on the ground floor of buildings in the Historic Village Center of the City. The moratorium was extended by Ordinances 1701 and 1713 through July 26, 2008 (see ITEM NO. +'A City Council November 14, 2007 Office Uses in the C-B-D Zonc Page 2 of 2 attached Ordinance No. 1713). The moratorium was adopted to allow the City to consider revisions to the zoning regulations of the C-B-D zone related to office uses. On October 3, 2007, the City Council reviewed a draft ordinance and initiated a zone text amendment regarding office uses in the C-B-D Zone. On October 24, 2007, the Planning Commission conducted a public hearing and adopted a recommendation to allow office uses in the C-B-D District on Palm Canyon with a Conditional Use Permit and elsewhere with a Land Use Permit. On October 17, 2007, at a public hearing on the subject, the City Council directed staff to return to the City Council with an Ordinance that would prohibit ground floor office and financial uses oriented towards Palm Canyon Drive and allow such uses on street level through a Land Use Permit. The proposed ordinance is consistent with this direction of the City Council. The revised Ordinance would 1. Prohibit ground floor office uses, including financial institutions, that are oriented towards Palm Canyon Drive between Alejo and Barristo. 2. Office uses and financial institutions at street level and oriented towards: 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; Baristo Road, northerly side, between Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between Alejo and Baristo Roads; and Alejo Road, southerly side, between Palm Canyon and Indian Canyon Drives, would be permitted subject to a land use permit. 3. Conditional use permits would no longer be required and distinctions on the basis of area of the use would be eliminated. 4. The ordinance would not be applicable to any office or financial institution use for which a building permit was issued prior September 1, 2007. Fiscal Impact: There is no foreseeable fiscal impact on the City of Palm Springs. Douglast. Holland Craig A. Ewing, AICP City Attorney Director of Planning Services David H. Ready,, IfrOanager Attachment: Revised Ordinance 0002 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION A-37 AND PARAGRAPH 1-0 OF SUBSECTION C OF SECTION 92.09.01, AND REPEALING SUBSECTION D-11 OF SECTION 92.09.01 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE. City Attorney's Summary This Ordinance prohibits street level office and financial institutional uses along Palm Canyon Drive between Alejo and Barristo Drives and allows street level office and financial institutional uses along certain city streets in the C- B-D zone subject to a land use permit. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection A-37 of Section 92.09.01 of the Palm Springs Municipal Code (relating to uses permitted in the C-B-D Zone) is amended to read: 37. Offices (except contractors) and financial institutions; except that: (1) offices and financial institutions at street level and which are oriented towards Palm Canyon Drive between Alejo and Baristo Roads shall not be permitted, and (2) offices and financial institutions at street level and oriented towards: 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; Baristo Road, northerly side, between Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between Alejo and Baristo Roads; and Alejo Road, southerly side, between Palm Canyon and Indian Canyon Drives shall only be permitted subject to a land use permitted pursuant to the provisions of Subsection C of this Section. Section 2. Paragraph 1-o of Subsection C of Section 92.09.01 of the Palm Springs Municipal Code (relating to uses permitted subject to a land use permit in the C-B-D Zone) is amended to read: o. Offices (not including contractors) and financial institutions at street level and oriented towards: 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; Baristo Road, northerly side, 0003 between Palm Canyon and Indian Canyon Drives; Indian Canyon Drive, westerly side, between Alejo and Baristo Roads; and Alejo Road, southerly side, between Palm Canyon and Indian Canyon Drives. Section 3. Subsection D-11 of Section 92.09.01 of the Palm Springs Municipal Code is repealed. Section 4, Ordinance Nos. 1699, 1701 , and 1713, the interim urgency ordinances relating to street level offices in the historic village center of the City, are repealed. Section 5. The provisions of this Ordinance shall not be applicable to any property any use of any building otherwise covered by the provisions of this Ordinance and for which a building permit was issued by the City for construction related to such use on or before September 1, 2007. Section 6. 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 2007. RON ODEN, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY 0004 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (5 OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: November 14, 2007 Subject Ordinance No. 1728 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a summary Ordinance No. 1728, introduced by the City Council on November 14, 2007, was published in the Desert Sun on November 21, 2007, 1 declare under penalty of perjury that the foregoing is true and correct. � 1, " Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that the summary and a copy of Ordinance No. 1728 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before November 19, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. Z J Dolores Strickstein, Secretary PROOF OF PUBLICATION This is space for County Clerk's Filing Siamp, (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United Stales and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,and not a party to or inlcrested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been - N6�150G'-- adjudged anewspaper of general circulation by the CITY OF PALM SPRINGS Superior Court of the County of Riverside,State of PROPOSED ORDINANCE NO. 1720- California under the date of March 24,1988.Case AN ORDINANCE OF THE CITY OF PALM Number 191236;that the notice,OF Which the SPRINGS CALIFORNIA AMENDING SUBSEC- TION A•a%AND PARAGhAPH 1-0 OF SUBSEC- TION C OF SECTION azo9A1 AND REPEAL- ABneXed i5 a p copy(set in type not smaller ING SUBSECTION D-11 OF SECTION 02.09.01 than non pariel,has been published in each regular RELYING TO STREETGLEVEL IOFFIICECUSEN and entire issue of said newspaper and not in an AND FINANCIAL INSTITUTIONS IN CERTAIN Y PORTIONS OF THE C-B-D ZONE supplement thereof on the following dates,to wit: C/ry ADomay's Summary This Ordmanct prohibits,11 aee street lalm CofficeyDr ve xt nanclal In Alejo an uses along Palm Canyon Drive November 21 ,2007 bctwt lc Aleff and Bainanc Olives and allows stroot'lova!office and financial C-B-utio zone uses "'----.......... alon_q tartan city strc Ct"in rM1e mnc - ject to d land use permit. - - _._________..`_ �___________..— I, James Thomppson, City Clerk of the Cdy of Palm Sprin s Galifornla herchy rortlty that the All in the year 21107 forgoin. ordinance was duly Introduced at an ad- 114th day of Nine lriber, 2 of 007 by tho 19llcil owing I certify(or declare)under penalty of perjury that the vote. foregoing is true and correct. AYES CCunalmemhers Foat MCCUL10111, Mlles, and Mavor Oden NOBS Mayor Pro Tem Pougnet Dated at Palm Springs,California this--26'",---day ABSENT. None /s/ _.. .-- _ IAM�S_L•IOMPSON -' '�' of------- November --- --------,200] Published: 11/21/07 '_- Clty Cletfr �,�- �__ _________� Signature L N N a IT-) } e ~ N F PALM SA C-It y of Palm Springs Office of Elie City Clerk * o "PonmEV'9 32U0 L' Tahqu¢z Cmiyon Way ' Palm 5)?rins, CnLrornm 92262 Cg4I FO R�\P T,,l (760) i23-8204 • Fax (760) i22-'M2 o Wcb: www.PnlnxPrmgs-ca.gov PROPOSED ORDINANCE NO. 1728 AN ORDINANCE OF THE. CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTION A-37 AND PARAGRAPH 1-0 OF SUBSECTION C OF SECTION 92.09.01, AND REPEALING SUBSECTION D-11 OF SECTION 92.09.01 OF, THE PALM SPRINGS MUNICIPAL. CODE, RELATING TO STREET LEVEL OFFICE USES AND FINANCIAL INSTITUTIONS IN CERTAIN PORTIONS OF THE C-B-D ZONE City Attorney's Summary This Ordinance prohibits street level office and financial institutional uses along Palm Canyon Drive between Alejo and Barristo Drives and allows street level office and financial institutional uses along certain city streets in the C- B-D zone subject to a land use permit. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that the forgoing ordinance was duly introduced at an adjourned regular meeting of the City Council on the 14th day of November, 2007, by the following vote: AYES: Councilmembers Foat, McCulloch, Mills, and Mayor Oden NOES: Mayor Pro Tern Pougnet ABSENT: None MESTHOMPSON - City Clerk - 1 H:ILISERS\C-CLK\KathieH\Ord Summary\Qrd 1723-Sum-1 doc Posr Office Box 2743 6 Palm Springs, California 92263-2743