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A<1FO�N�P CITY COUNCIL STAFF REPORT
DATE: November 14, 2006 LEGISLATIVE ITEM
SUBJECT: 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. (4/5THS VOTE REQUIRED.)
FROM: David H. Ready, City Manager
BY: Craig Ewing, Director of Planning Services
Douglas Holland, City Attorney
RECOMMENDATION:
1. Waive reading of the Interim Urgency Ordinance text and adopt by title only.
2. ADOPT ORDINANCE NO. , "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." (4/5THS VOTE REQUIRED.)
Item No. 1 A.
City Council Staff Report
Transportation Terminals Interim Urgency Ordinance
Page 3
STAFF ANALYSIS:
The City's M-1 Service / Manufacturing Zone is an area that is intended is
intended to provide for the development of service industries for commercial and hotel
uses and provide for the development of industrial uses which do not create by-products
to any degree which will adversely affect the resort-open space environment of the city.
The City's C-2 General Business Zone is an area that is intended to accommodate
general commercial business activities.
On October 17, 2007, the City Council adopted an initial interim urgency
ordinance that effectively prohibits new transportation terminals in the M-1 and C-2
Zone. That ordinance was for an initial period of 45 days. On the same date, the City
Council initiated an ordinance that would allow transportation terminals in the M-1 and
C-2 Zone subject to a conditional use permit. This "permanent" ordinance has been
referred to the Planning Commission for review and recommendation. It is anticipated
that the permanent ordinance and the Planning Commission's recommendation will be
submitted to the Council in December, 2007.
The facts and conclusion that led to these actions can be summarized as follows:
The Greyhound bus station has discontinued its long-established operation at a site in
the downtown area, and has sought to relocate to several sites within the City, including
some in the M-1 Service / Manufacturing Zone. Within the M-1 Zone and the C-2 Zone,
transportation terminals (including bus stations) are permitted by right. Staff believes
that there are locations in the M-1 and C-2 Zones where transportation terminals may
be inappropriate, based on several issues: 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. It is a concern of the City that such 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 Zones.
In order to ensure the viability and vibrancy of M-1 Service / Manufacturing zone
and the C-2 General Business Zone and properties within and adjacent to these zones,
staff recommended and the Council adopted an interim urgency ordinance that would
essentially prohibit the establishment of transportation terminals, including bus stations,
until a revision to the zoning Code can be adopted. (This prohibition would not be
applicable to Transportation Terminals proposed in the M-1-P Zone and the CC Zone
since these uses are permitted subject to a conditional use permit in these zones.)
The proposed interim urgency ordinance would be in effect for an additional
period of 10 months and 15 days. It is anticipated, however, that the permanent
ordinance will be considered by the City Council prior to the expiration of the extension.
In the unlikely event that an additional extension of this urgency ordinance is required,
an additional report will be submitted to the Council before the expiration of the
2
City Council Staff Report
Transportation Term1n21SInterim Urgency Ordinance
Page 3
extended interim ordinance and the Council can consider whether the interim ordinance
should be extended.
FISCAL IMPACT:
There should be no fiscal impact on the City except to the extent the review of the City's
code and preparation of an adequate report for Council consideration will affect current
staff workloads-
Douglas olland, City Attorney wi Director Planning Services
David H. Ready, Citaam'ag'er
Attachment:
Proposed Interim Urgency Ordinance (First Extension)
3
ORDINANCE NO.
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. (4/5THS VOTE REQUIRED.)
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)
1
515105.1 4
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 day of
2007.
RON ODEN, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
2
sisios.i 5
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 [hat the foregoing Ordinance No. was duly introduced,
adopted, and passed as an urgency ordinance at a Regular Meeting of the City Council
held on the day of 2006, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
(SEAL)
JAMES THOMPSON, CITY CLERK
3
ststos t 6
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(D
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
City Council Meeting Date: November 14, 2007
Subject: TRANSPORTATION TERMINALS — EXTEND URGENCY ORDINANCE 1725
AFFIDAVIT OF MAILING
I, Kathie Hart, CMC, 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 November 2, 2007, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (5 notices)
I declare under penalty of perjury that the foregoing is true and correct.
e
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, 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 November 3, 2007.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Dolores Strickstein, Secretary, 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 November 2, 2007.
1 declare under penalty of perjury that the foregoing is true and correct.
Dolores Stric tein, Secretary
7
NEIGHBORHOOD COALITION REPS
Case 511180 MR PETE MORUZZI
Zoning Ordinance Amendment MODCOMAND PALM SPRINGS MODERN COMMITTEE
Transporation Terininals HISTORIC SITE REP 1 I I PO BOX 4738
PHN,for PC'Meeting 11.14.07 PALM SPRINGS CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT CASE 5.1180
VERIFICATION NOTICE II 1 1 ATTN SECRETARY MRS. JOANNE BRUGGEMANS
PO BOX 2743 506 W. SANTA CATALINA ROAD
PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA
AGUA CALIENTE BAND OF CAHUILLA INDIANS
INDIANS I I I I 1 1 5401 DINAH SHORE DRIVE
PALM SPRINGS CA 92264
Mr. Fred Bell, Executive Director
Building Industry Association
77-570 Springfield Lane, Suite E
Palm Desert, CA 92211
... pa-auTad EST .rx
NOTICE OF PUBLIC HEARING
CITY COUNCIL
PROOF OF PUBLICATION CITY OF PALM SPRINGS
(2015.5.C.C.P) Extension of Interim Urgency Ordinance No.1725
for 10 months and 15 days
Prohibiting Transportation Terminals within the City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council of the City of
Palm Springs,California,will hold a public hearing at its meeting Of
Wednesday,November 14,2007. The City Council meeting begins
at 6:00 P.M.,in the Council Chamber at City Hall,3200 E.Tahquitt
Canyon Way, Palm Springs.
STATE OF CALTFORNTA The purpose of this hearing is to consider the extension, for 10
County of Riverside months and 15 days, of Interim Urgency Ordinance No. 1725,
prohibiting Transportation Terminals within the City of Palm
Springs. Ordinance No.1725 expires December 1,2007.
Pursuant to Government Code Section 65858(a) and its authority
over matters of local concern as a Charter City, the City's
M-1 (Service/Manufacturing)Zone is intended to provide for the
development of industrial uses, including fabrication, manufactur-
I am a eiticen of the United States and a resident of ing, assembly or processing which do not create or generate
the County aforesaid;I am over the age of eighteen by-products which will adversely affect the resort-open space
years,and not a party to or interested in the environment of the city. Transportation terminals, which includes
bus stations,are permitted by right in the M-1 Zone.The City's C-
above-entitled matter.I am the principal clerk of a 2 (General Commercial) Zone provides for general commercial
printer of the,DESERT SLTN PUBLISHING business uses.There are locations within the City where the prop-
COMPANY a newspaper of general circulation, arty is zoned M-1 or C-2 where transportation terminals may be
printed and published in the city of Palm Springs, inappropriate due to the impacts on on-site circulation, off-site
County of Riverside,and which newspaper has been Parking and circulation, noise due to proximity to residential and
adjudged a newspaper of other issues, and the adequacy of on-site facilities for customer
general circulation by the waiting, ancillary customer services, and potential vehicular
Superior Court of the County of Riverside,State of services. The City Council is concerned that these primary and
California under the date of March 24,1988.Case secondary effects of transportation terminals may go unmitigated
Number 191736;that the notice,of which the by allowing the use to be established as of right in the M•1 or C-2
annexed is a printed copy(set in type not smaller Zone. Such a result would be harmful to the public welfare.
than non pariel,has been published in each regular ENVIRONMENTAL DETERMINATION:The City of Palm Springs,
and entire issue of said newspaper and not in any in its capacity as the lead agency for this project under the
supplement thereof on the fallowing dates,to wit: California Environmental Quality Act (CEQA), evaluated the
potential environmental impact of the Ordinance. Pursuant to
November 3r',2007 Section 15262 of CEQA, this Ordinance is exempt from environ-
______„__��___,__� mental review,whereas the Ordinance authorizes the undertaking
feasibility and planning studies and any development which may
occur pursuant to the interim standards will not be approved until
"'--"'—"'--` ,----•----------..---_--W._ a complete environmental evaluation of the proposed project has
All in the year 2007 occurred.
1 certify(or declare)under penalty of perjury that the REVIEW OF PROJECT INFORMATION:The staff report and other
foregoing is true and correct, supporting documents regarding this matter are available for
public review at the City Hall between the hours of 3:00 a.m.and
5!00 p.m.Monday through Friday,Please contact tho Office of the
Aaled at Palm Springs,California'his—8ui, ---day City Clerk at (760) 323-8204 it you would like to schedule an
appointment to review these documents.
of----- November ��_____._.,..�2007 COMMENT ON THIS APPLICATION: Response to this notice can
be made verbally at the Public Hearing and/or in writing before the
hearing- Written comments can be made to the City Council by
y1 letter(for mail or hand delivery)to:
James Thompson,City Clerk
3200 E-Tahquitz Canyon Way
f�ca N Palm Springs,CA 92262
"ti Any challenge of the proposed project in court may be limited to
x �,p g Q raising only those issues raised'at the public hearing described In
�v0.'. is na ' this notice,or in written correspondence delivered to the City Clerk
Z:Lde at, or prior, to the public hearing. (Government Code Section
_ OJ 65009(b)(2)).
�a _r �_'
U� Y An opportunity will be given or said hearing for all interested
NY persons to be heard.Questions regarding this case may be direct-
C=O 1 r.J ad to Craig Ewing,Director of Planning Services at(760)323-8245,
'ram, o Si necesita ayuda con esta carta,porfavor llama a la Ciudad de
�• cam' Palm Springs y puede hablar'con Nadine Fieger telefono(760)
323.8245.
Published 11/3/071' James Thompson,City Clerk
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(V
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council Meeting Date: November 14, 2007
Subject. Adoption of Interim Urgency Ordinance No. 1727
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of Interim Urgency Ordinance No. 1727, adopted by the City
Council on November 14, 2007, was published in the Desert Sun on November 20, 2007,
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of Ordinance No. 1727 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.
Dolores Strickstein, Secretary
No. 3591
ORDINANCE NO.1727
AN INTERIM URGENCY ORDINANCE OF THE
CITY OF PALM SPRINGS, CALIFORNIA EY.-
TENDING ORDINANCE NO. 1725 FOR A PERI"
OD OF 10 MONTHS AND 15 DAYS,PROHIBIT-
ING TRANSPORTATION TERMINALS IN THE
M-1 SERVICE/MANUFACTURING ZONE AND
PROOF OF PUBLICATION PENDING THE COMPLET ON OFRA STUDY OF
THE EFFECTS OF NEW TRANSPORTATION
(2015.5.C.C.P) TERMINALS ON THE Ill AND NEIGH-
) BORHOODS OF THE CITY OF PALM SPRINGS.
The City Council of the City of palm Springs
ordains:
SECTION'l.This Ini urgency Ordinance Is
adopt(d pursuant to Section 05858 of the Callfor-
nla Government Code and pursuant to the City s
authority over matters of local concern as a char-
ter Cary.
STATE OF CALIFORNIA SECTION 2.On October 17,2007 the Cit�Open-..
cil adopted Ordinance Na'1725, an Initla Interim'
County of Riverside urgency ordinance declaring that a Vansponatlon
terminal shall be corisidered a prohibited use In
myy zoning district of the CITY, except in the M-
1-P Zone where 'Transportation terminals" are
permitted subject to a conditional usn ermlt and
in the CC Zone where transportation lecllrties-for
loading, unloading,and transferring passengers,
baggage,and incidental freight between modes of
tanerortatlon" arc permitted subject to a condl-
twna use permit.Tho brevivons of Palm 5p Inge
Muniapal Code Sections 92.14.01-A-10 and
I am a citizen of the United Slates alld a resident of g217.01-A-20 are suspended during the period of
Phis Ordinance or any extenslon thereof and shall
ilia County aforesaid;I am over the age of eighteen have no force or effect or Caner any rights,prml-
years,and not a party to or interested in the loges,or bcnCpte thereof on any owner or lessee
of property affected.
above-entitled matter.t am the principal clerk of a SECTION 3. Curing the initial Interim enod c
printer of the,DESERT SUN PUBLISHMG tabllened by ordinance No.1725,the CPty Council
COMPANY a newspaper of general circulation, considure�f the deleterious impacts on property
and nelghowhnds that may be caused by trans-
printed and published in the cityof Palm,$Springs, portadon terminals permuted as a matter of right.
P g The Council further deLcomined that the transpor-
County of Riverside,and which newspaper has been tallon termfnol- may be found compatible with
adjoining properties and neighborhoods so long
adjudged a newspaper ofgeneral circulation by the as proposal for transportation terminals are sub-
Su Superior Court of the County of Rivers-de,State of {act l pubic review and comment and a condi-
p 1 dnan rordinance perm The l¢mg transportal en Terml-
Cnlifornia under the date of March 24,1988.Case nals in the M-1 and C-2 Zen(,subject to a condl-
Number 191236;that the notice,of which the tionsi use permit and referred the ordinance to
the City's Manning Commission for review and
annexed is a printed copy(set in Type not smaller comment and the Council anticipates that it will
than non pariel,has been published i commence Its conederstlon of this ordinance in
n cash regular December of this year.
and entire issue of said newspaper and not in any SECTION A. The City of palm Springs shall not
Supplement thereo£on the followingdates to wit: Issue or approve any gonural flan amendment,
r �p eciflc plan, zone change bmlding permit con-
dhnnal use permit, varince precise plan of de-
November ZO01 21J117 de-
sign,of en e,or other land ue entitlement for the
y propuny ore portion thereof as a
transportation terminal
SECTION S.The Clty Councll hereby Inds deter-
mines,and declares that this Interim Urguney Or-
-----...�----__ -T,- --_--�-_�- dlnanee is nueessary.The City s M-1 `Service f
Manulscturing) Zonc Is Intended to provide for
All in the year 2007 the development of industrial uses, Including Tab-
rlcailon manufacturing,assembly,or processing
which do not create or generate byproducts
I certify(or declare)under penalty of perjury that the which will adversely affect the resort-open space
environment of Me clry.Transportation terminals,
foregoing Is true and correct. which include bus.,Iat ons,are pormnicel by right
In the M-1 Zone.-The City's-C.--2 (General Com-
merelal) Zane pprovldea.for yeneral_domminvial
Dated at Palm Springs,California Ibis
bushess uses Thare:are location, within the City
—26n',--day were this property Is 'Loped M-1 or C-2 where
transportation terminals may be Inapproprial�due
to ilia Impacts on on-slie circulation, off-situ
of--- November - ----- 2op7 parking and circulation, noise duo to proximity To
residential and other issues,and the adequacy,of
th on-site facilities Tor cuslomor waiting ancillary
A - customer services, and potential vchlculor eervic-
es The city Councll Is concerned that those pprl-
mury and aecandary effects of transportation ter-
minals may 9.unmdig.tivd byy allawlnq the use to
___........-� „` _ _ be establrhe,as of right in I71a M-1 or C-2 Zone.
L Cr% �'- Such a result would be harnful to the public wall.fan. .
p i SECTION 5. Ten days pnor To the expvotlon of
_ this extension or this Interim Urgency Ordinance,
`�� the City Council shill Issue a wnllen report de-
LiJ�' .� !L� scribingg any additional measures which the City
y �.µ tp"1 has takon to address the conditions which led to
_� �_l the adoption of late Ordinance.
Li7< CD —U SECTION 7.This Interim urgency Ordinance shall
00 " 1^T- 1` `11 ,O be deemed in extension of Ordinance No. 1725.
LLJlr-� and shall Take affect on November 2, 2007 and
=Li- 0 Llh shall remain In full forte and effect until October
O 16 2000 and shall ihemaller be of no further
�U force and effect unless, after notice pursuant to
>_ r+ .� California Government Cade Section 05090 and a
� o public hearing,ilia City Council extends this ri er-
Im urgency ordinance lot an additional period of
CS H time pursuant to Callfornla governmort Code
Section 05855.
1 "
^n
in n,j
515CTION S. If'any section subsection subdlvl-
;Ivn or phrase In
this Ordinancc or any port tharcaf i5 for any ILa-
son,held to be unconstitutional or invalid or inef-
f0otive by +ny court of congpieni Jurisdlcrlon
such decision shall not affccl thc,validity of Woo-
ilveneee of the remalnlnp portions of this Ordi-
natictr.or any part[hereof.The Clry Council here-
by dceluraa that R would have, pos"nd tllla Ordl-
nance and each section, subucction subdivision,
sentence, clause and phrase thereof, Irrespective
of tha fact that any one or more sections, sub-
sectlans, subdivisions, sentonces, clausos at
phrases be declared unconstitutional.
PASSED APPROVED AND ADOPTED this 14th
day or November,200T.
CERTIFIED
STATE OF CALIFORNIA f
C� �LRPR - )V O AM IS -
I, JAMES THOMPSON, City Clerk of the Crtv of
Palm Springs California, do hereby certify that
the foregoing Ordinance No.1727 was duly Intro-
, duced,adopted,and passud as an mtenm urp�n-
cy ordnance at a Regular Meeting of the Cliiyy
y0unpll helcl on the 14g1 day of November,2007,
by the fallowing vote:
AYES: Ceun iln1Lmder Foal Councllmember
McCulloch, Councilr\'ember Mills, Mayor Pro T/m
Pougnet, and Mayor Oden. -
---`�' — --- NOES Nona _
ABSENT: None.
ABSTAIN. None.
Jqof P Tlhlm Springs City al Clerk
Cary of Palm Springs, California
Publlehed: 11/2I1/07
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.
Ordinance No 1727
Page 2
SECTION 5. The City Council hereby finds, determines, and declares that this
Interim Urgency Ordinance is necessary. The City's M-1 (Service / Manufacturing)
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 day of November, 2007.
Ordinance No 1727
Page 3
CERTIFIED
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
14�h 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.
?ity
s Thompson, City Clerk
f Palm Springs, California
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
Extension of Interim Urgency Ordinance No. 1725 for 10 months and 15 days
Prohibiting Transportation Terminals within the City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of Wednesday, November 14, 2007. The City Council meeting begins at 6:00 P.M.,
in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider the extension, for 10 months and 15 days, of Interim Urgency
Ordinance No 1725, prohibiting Transportation Terminals within the City of Palm Springs. Ordinance No.
1725 expires December 1, 2007.
Pursuant to Government Code Section 65858(a) and its authority over matters of local concern as a Charter
City, the City's M-1 (Service / Manufacturing) 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 includes 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 where 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.
ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the lead agency for this
project under the California Environmental Quality Act (CEQA), evaluated the potential environmental
impact of the Ordinance. Pursuant to Section 15262 of CEQA, this Ordinance is exempt from
environmental review, whereas the Ordinance authorizes the undertaking feasibility and planning studies
and any development which may occur pursuant to the interim standards will not be approved until a
complete environmental evaluation of the proposed project has occurred.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this
matter are available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday
through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule
an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing
and/or in writing before the hearing. Written comments can 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 Ewing, Director of Planning Services at (760) 323-8245-
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine
Fieger telefono (760) 323-8245-
,Ya�es Thompson, City Clerk 8