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HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (20) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 92.00, SECTION 92.23.00, CC ZONE, SO AS TO ALLOW TRANSPORTATION FACILITIES AS A CONDITIONAL USE IN THE CIVIC CENTER ZONE AND CHAPTER 92.00, SECTION 92.17.00, M-1 ZONE, SO AS TO MODIFY THE REQUIREMENTS FOR LOCATION OF AMBULANCE SERVICES IN THE SERVICE/MANUFACTURING ZONE, CITYWIDE, — THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 92.23.00 is amended to read as follows: 92.23.00 "CC"civic center district zone The CC district is intended for the civic center district to accommodate governmental uses, facilities, services and incidental uses necessary to support governmental facilities. (Ord. 1294 (part), 1988) 92.23.01 Uses permitted. A. Uses Permitted. 1. Accessory structures and uses customarily incident to the above uses and located on the same lot therewith; 2. Governmental facilities; 3. Museums and cultural uses; 4. Nonprofit uses; 5. Public parking areas,not as an accessory to uses permitted in this zone pursuant to Section 93.06.001 6. Public parks. B. Similar Uses Permitted by Commission Deternmation. The cormnission may, by resolution of record, permit any other uses which it may determine to be similar to these listed above and not more obnoxious or detrimental to the public health, safety and welfare as other uses permitted in the zone as provided for in Section 94,01.00. C. Uses Permitted by Land Use Permit. 1. Child care center. D. Uses Permitted by Conditional Use Permit. 1. Offices; 2. Residential development subject to the standards of the R-3 zone, Section 92.04.00; 3. Restaurants. (Ord. 1294 (part), 1988) 4. Transportation facilities for loading,unloading, and transferring passengers,baggage, and incidental freight between modes of transportation. This classification includes but is not limited to bus terminals and public transit stations. 92.23.02 Uses prohibited. Any use not expressly prohibited by Section 92.23.01 above is prohibited. (Ord. 1294 (part), 1988) SECTION 2. Section 92.17.00 is amended to read as follows: 92.17.00 "M-l"service/manufacturing zone. A. The "M-1" service/manufacturing zone is intended to provide for the development of service industries for cormnercial and hotel uses and for industrial uses which include fabrication, manufacturing, assembly or processing of materials that are in already processed form and which do not in their maintenance, assembly, - 71i manufacture or plant operation create smoke, gas, odor, dust, sound, vibration, soot, glare or lighting to any degree which might be obnoxious or offensive to persons residing in or conducting business in either this or any other zone. B. No industrial use shall be permitted which,by the nature of its development or operation,will in any way adversely affect the resort-residential environment of the city. (Ord. 1294(put), 1988) 92,17.01 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 in Section 92.17.03. 1. All uses permitted in the"C-1", "C-2", "C-M" and "M-1-P" zones, Sections 92.12.01,92.14.01,92.15.01 and 92.16.01,unless otherwise regulated herein; 2. Agricultural greenhouses; 3. Adult oriented business subject to Chapter 5.77 of the Palm Springs Municipal; 4. Fabrication. a. Assembly of plastic items made from finished plastic, b. Assembly of small electrical and electronic equipment, C. Rubber, fabrication of products made from finished rubber; 5. Manufacturing. a. Automotive. i. Automotive repair and reconditioning, ii. Painting, iii. Tire shop,including electrical recapping, iv. Truck repairing and overhauling, V. Upholstering; b. Boat building and repairs; C. Bottling plant; d. Ceramic products using only previously pulverized clay and fired in kilns only using electricity or gas; e. Garment manufacturing; f Lumber yard(including incidental millwork but not including planing mill); g. Machinery and shop: i. Blacksmith and forging shop, I Cabinet or carpenter shop; iii. Electric motor rebuilding; iv. Machine shop; V. Sheet metal shop; vi. Welding shop; vii. Painting and powder coating; h. Manufacturing, compounding,processing,packaging or treatment of such products as: i. Bakery goods, ii. Candy, iii. Cosmetics, iv. Drugs, V. Food products (excluding fish and meat products, sauerkraut, wine, vinegar, yeast and the rendering of fats and oil)if connected with an adequate sewer system, vi. Fruit and vegetables(packing only), vii. Honey extraction plant, viii. Pei-fume, ix. Toiletries; i. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: i. Canvas, ii. Cellophane, in. Cloth, iv. Cork, V. Felt, vi. Fiber, vii. Fur, viii. Glass, ix. Leather, X. Paper,no milling, xi. Plaster, xii. Plastic, xiii. Precious or semi-precious stones or metals, xiv. Shells, xv. Textiles, xvi. Tobacco, xvii. Wood, xviii. Yams; j. Manufacturing and maintenance of electric or neon signs; k. Novelties; 1. Rubber and metal stamps; In. Shoes; n. Textiles; 6. Mortuary; 7. Movie,television and radio production and broadcast facilities; 8. Public utility service yards; 9. Services. a. Auction houses, subject to Municipal Code Chapter 5.04; b. Automobile and trick (new) sales agencies; used vehicle sales shall be permitted only in conjunction with new vehicle sales and shall consist of not more than fifty(50)percent of the vehicles displayed; C. Auto parts and accessories,retail, and installation of same; d. Bicycle sales, display and service; e. Builder' s supply; f. Caretaker' s residence(one thousand(1,000) square feet maximum), as an accessory use; g. Ice and cold storage plant; h. Laundromats; i. Motorscooter,motorbike and motorcycle sales and display; 10. Transportation terminals; It. Wholesaling and warehousing,including mhu-warehousing/storage. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health,safety and welfare, or to other uses permitted in this zone, as provided in Section 94.01.00. All uses shall be subject to the property development standards in Section 92.17.03. C. Uses Permitted by Land Use Permit. 1. Uses permitted by land use permit in the M-1-P zone, Section 92.16.01(C); 2. Automobile rental agencies; 3. Classic auto sales; 4. Motorcycle rental; 5. Restaurants within mixed-use developments; 6. Thrift shops operated by charitable organizations; 7. Tire recycling(interior)as an accessory to a permitted main auto use; S. Vehicle impound yards and towing services. D. Uses Permitted by Conditional Use Permit.The following uses may be permitted subject to approval of a conditional use permit,as provided in Section 94.02.00. 1. Adult entertainment(Deleted by Ord. 1511); 2. Ambulance services, and accessory uses customarily incident to the permitted use, provided that the site is located no closer than five hundred(500)feet from residentially zoned property; 3. Animal,hospitals and kennels; 4. Automobile rental agency fleet sales; 5. Automobile service stations; Q 6. Bail bond offices; provided, such facility is located no closer than three hundred (300) feet to a residential zone or to a church or mortuary at the time of their establishment; 7. Car wash; 8. Check cashing facilities; provided, such facility is located no closer than three hundred (300) feet to a residential zone or to a church or mortuary at the time of their establislunent; 9. Chemical plating shop; 10. Drive-in theater; 11. Drive-through and drive-in facilities; 12. Heavy equipment storage and rental; 13. Junk yards and auto wrecking yards; 14. Manufacturing,processing,fabrication, and service uses,wholesaling and warehousing other than of uses as listed above in Section 92.17.01(A), subject to the property development standards and performance standards in Section 92.17.03 with such modifications as the commission and council deem necessary; 15. Micro-brewery; 16. Nightclubs/cocktail lounges as a primary use; provided that, at the time of their establishment, such facilities are not located closer than three hundred(300)feet to a residential zone or to a church or mortuary; 17. Pawn brokers, provided such facility is located no closer than three hundred (300) feet to a residential zone or church or to a church or mortuary at the time of their establishment; 18. Planing mill; 19. Recycling/salvage center; 20. Retail uses not otherwise regulated; 21. Truck and general freight terminals; 22. Video/amusement arcades as a primary or secondary use subject to the provisions of Section 93.16.00. (Ord. 1533 (part), 1998; Ord. 1511 (part), 1995; Ord. 1502 (part), 1995; Ord. 1500 (part), 1995; Ord. 1418 (part), 1992; Ord. 1366 (part), 1991; Ord. 1347 (part), 1990; Ord. 1324(part), 1989; Ord. 1294 (part), 1988) The following uses are expressly prohibited in the "M-l" zone, and shall not be permitted by cormnission determination or by conditional use pennit. A. Residential uses,other than for a caretaker, as specifically permitted; B. The following manufacturing uses: I. Abrasives, 2. Asphalt battling plant, 3. Bone black plant, 4. Carbon black and lamp black plant, 5. Charcoal manufacturing plant, 6. Chemical plant(heavy or industrial), 7. Coal and coke plant, 8. Detergents, soaps and by-products using animal fat, 9. Fertilizers of all types, 10. Gas manufacturing plant, 11. Glue and sizing manufacturing plant, 12. Graphite manufacturing plant, 13. Gypsum and other forms of plaster base manufacturing, 14. Insulation manufacturing plant(flammable types), 15. Match manufacturing plant, 16. Metal extraction and smelting plant, 17. Metal ingots,pigs,casting or rolling mill, 18. Paper pulp and cellulose manufacturing plant, 19. Paraffin manufacturing plant, 20. Petroleum and petroleum products plant, 21. Portland and similar cement manufacturing plant, 22. Rock crushing plant, 23. Serum, toxin and virus manufacturing laboratory, 24. Sugar and starch manufacturing plant, 25. Tannery plant. 26, Turpentine manufacturing plant, 27. Wax and wax products manufacturing plant, 28. Wool pulling or scouring plant; C. The following processing uses: 1. Animal by-products processing, 2. Carbon black and larnp black refining, 3. Chemical(heavy or industrial), 4. Coal and coke processing, 5. Detergents and soap processing, 6. Dog and cat food processing, 7. Fertilizers of all types, 8. Fish and fish by-products, 9. Fruit by-products, 10. Grain milling and sacking, 11. Paper milling, 12. Petroleum and petroleum products processing or refining, 13. Potash works, 14. Printing ink processing, 15. Radium or uranium extraction, 16. Rubber reclaiming or processing, 17. Sall works, 18. Smelting works, 19. Soap works, 20. Sulfuric acid processing or bottling, 21. Tar or asphaltic roofing processing, 22. Vinegar processing or refining, 23. Volatile or poisonous gas storage or processing, 24. Wood and lumber Mlns for industrial kiln-drying, 25. Wood preserving by creosoting or other pressure impregnation of wood by preservations. (Ord. 1294 (part), 1988) SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2004, AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED AS TO FORM: 19i4s� ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 92.00, SECTION 92.11.00, C-S-C ZONE, TO ALLOW BUSINESS SCHOOLS NOT EXCEEDING 40,000 SQUARE FEET OF GROSS BUILDING AREA, AS A CONDITIONAL USE IN THE COMMUNITY SHOPPING CENTER ZONE, CITYWIDE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 92.11.00 is amended to read as follows: 92.11.00 "C-S-C" community shopping center zone. The C-S-C zone is designed to combine the general variety of community-level commercial services, in a planned shopping complex. The organization of services into a coordinated and interrelated complex is found to be a desirable alternative to scattered strip commercial development. The C-S-C zone will not be granted until a conditional use permit has been approved and all conditions complies with. (Ord. 1294 (part), 1988) 92.11.01 Uses permitted. A. Uses Permitted. A community shopping center should feature those commercial sales and service establishments that satisfy the primary needs of the city's residential community at large. It is neither intended nor permitted for these facilities to dilute or to detract from the commercial base established in the downtown shopping district. Tourist oriented commercial uses are not considered to be viable land use in the C-S-C zone. Buildings, structures and land shall be used and buildings and structures shall thereafter be erected, altered or enlarged only for the following uses. All uses shall be subject to the standards in Section 92.11.03, 1. All uses allowed in the C-D-N zone, Section 92.10.01(A): 2. Department stores; 3. Bowling alleys; 4. Home improvement centers; 5. Roller or ice skating facilities; 6. Theaters. B. Similar Uses Permitted by Commission Determination. The commission may, by resolution of record, permit any other uses which it may determine to be similar top those listed above, and no 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. All uses shall be subject to the standards in Section 92.09.03. C. Uses Permitted by Land Use Permit. 1. Uses permitted by land use permit in the C-D-N zone, Section 92.10.01(B). D Uses Permitted by Conditional Use Permit (unless otherwise permitted). If not approved as part of the original plan, the following uses may be permitted subject to further approval of a conditional use permit, as provided in Section 94.02.00. Such uses shall be designed integrally with the center. 1. Automobile service stations, limited to the dispensing of motor fuels and oils, lubrication, sales and service of tires, tubes, batteries, and other minor accessories. No major automotive repair shall be permitted, such as engine, radiator, transmission or body repair; 1q8 2. Bowling alleys (Deleted by Ord. 1418); 3. Business schools not exceeding 40,000 square feet of gross building area; 4. Car washes; 5. Churches, freestanding; 6. Drive-through facilities; 7. Nightclubs as a primary use; 8. Recreation centers, not otherwise regulated herein; 9. Theaters (Deleted by Ord. 1418); 10. Video/amusement arcades as a primary use subject to the provisions of Section 93.16.00; 11. Video/amusement machines as a secondary use subject to the provisions of Section 93.16.00. (Ord. 1418 (part), 1992; Ord. 1307 (part), 1988; Ord. 1294 (part), 1988). SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED AS TO FORM: