HomeMy WebLinkAbout1725 - ORDINANCES - 10/17/2007 ORDINANCE NO. 1726
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROHIBITING
TRANSPORTATION TERMINALS IN THE M-1
SERVICE/MANUFACTURING ZONE, FOR A PERIOD OF
45 DAYS PENDING THE ADOPTION OF ANY AND ALL
AMENDMENTS TO THE CITY'S ZONING CODE AND
RELATED LAND USE REGULATIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
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,
For the period of this Ordinance, or any extension thereof, 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.
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.
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 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 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
Ordinance No. 1725
Page 2
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.
Ten days prior to the expiration of this Interim Urgency Ordinance, or an extension
thereof, the City Council shall issue a written report describing the measures which the
City has taken to address the conditions which led to the adoption of this Ordinance.
This Interim Urgency Ordinance shall take effect immediately upon its adoption by a
four-fifths (415) vote of the City Council. This Interim Urgency Ordinance shall continue
in effect for forty-five (45) days from the date of its adoption 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.
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 17th day of October, 2007.
MAYOR
ATTEST:
Q1TY CLERK
Ordinance No. 1725
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF PALM SPRINGS )
I, James Thompson, City Clerk of the City of Palm Springs, California, do hereby certify
that the foregoing Interim Urgency Ordinance No. 1725 was duly introduced, adopted,
and passed as an interim urgency ordinance at a Regular Meeting of the City Council
held on the 17th day of October 2007, by the following vote, to wit:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
14fies Thompson, City Clerk
ity of Palm Springs, California