HomeMy WebLinkAbout5/5/2004 - STAFF REPORTS (15) DATE: May 5, 2004
TO: City Council
FROM: Director of Planning and Zoning
CASE NO. 5.0995 — REQUEST INITIATED BY THE CITY OF PALM SPRINGS FOR TEXT
AMENDMENTS TO THE ZONING ORDINANCE WITH RESPECT TO SECTION 92.11.00, CS-
C- ZONE, SO AS TO ALLOW BUSINESS SCHOOLS AS A CONDITIONAL USE IN THE
COMMUNITY SHOPPING CENTER ZONE, CITYWIDE.
RECOMMENDATION
That the City Council approve an amendment to Section 92.11.00 of the Zoning Ordinance so
as to allow business schools, up to 40,000 square feet of gross building area, as a conditional
use in the community shopping center zone, citywide.
SUMMARY
The Planning Commission reviewed the proposed amendments to the community shopping
center zone at their meeting on April 14, 2004 and recommended that the City Council approve
the amendments and keep the provision for a maximum gross building area of 40,000 square
feet for business schools.
BACKGROUND
The City Council, at their April 7, 2004 meeting, referred the proposed amendments to the C-S-
C Zone back to the Planning Commission in order to consider allowing business schools only as
a conditional use in the community shopping center zone.
Section 92.11.00 Community Shopping Center Zone is intended to allow orderly development
within the City's Community Shopping Center (C-S-C) zones. The C-S-C zone applies to three
areas within the City as follows: Smoke Tree Shopping Center (Sunrise Way and East Palm
Canyon Drive), Palm Springs Mall (Farrell Drive and Tahquitz Canyon Drive), and Palm Springs
Market Place (Sunrise Way and Vista Chino). The proposed amendment to the C-S-C zone is
intended to allow business schools (not exceeding 40,000 square feet of gross building area)
with a conditional use permit.
Director of Pf nning and Zoning
City Manager all
ATTACHMENTS
1. Legislative Draft
2. Ordinance
SECTION 92.11.00 COMMUNITY SHOPPING CENTER ZONE
LEGISLATIVE DRAFT
92.11.00 "C-S-C"community shopping center zone.
The C-S-C zone is designed to combine the general variety of com numity-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 conunercial 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 Detennination. 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
pennit, 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
penmitted, such as engine, radiator,transmission or body repair;
2. Bowling alleys (Deleted by Ord. 1418);
3. Business schools not exceeding 40,000 square feet of gross building area;
3.4.Car washes;
4.5.Churches, freestanding;
3.6.Drive-through facilities;
6.7.Nightclubs as a primary use;
7.8.Recreation centers, not otherwise regulated herein;
9.9.Theaters (Deleted by Ord. 1418);
9.10. Video/amusement arcades as a primary use subject to the provisions of Section 93.16.00;
1-0.11 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).
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NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0995C
To allow business schools as a conditional use
in the Community Shopping Center(C-S-C)zone
and Intent to Adopt a Negative Declaration
Applicant: 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 May 5, 2004. The City Council meeting begins at 7:00
p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider Case No. 5.0995C, a request by the City of Palm
Springs to amend the City's Zoning Code, Chapter 92.00, Section 92.11.00 ("C-S-C" community
shopping center zone), to allow business schools, up to 40,000 square feet, as a conditional use
in the community shopping center zone, citywide.
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 impacts of the project.
Pursuant to Section 15063 of CEQA, an Initial Study has been prepared for Case No. 5.0995C.
Through the preparation of the Initial Study for Case No. 5.0996C, the City of Palm Springs has
determined that the Zoning Ordinance text amendment pertaining to the community shopping
center zone could not have a significant impact on the environment and therefore, a Negative
Declaration has been prepared for the subject proposals which will be reviewed by the City
Council at the public hearing. The Initial Study meets the requirements of the State of California
CEQA, the State CEQA Guidelines, and the City of Palm Springs' Guidelines for the
implementation of CEQA. Members of the public may view this document in the Department of
Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, and submit
written comments to the City Clerk at or prior to the City Council hearing.
If any group challenges the action in court, issues raised may be limited to only those issues
raised at the public hearing described in this notice or in written correspondence at, or prior to
the City Council hearing. An opportunity will be given at said hearing for all interested persons to
be heard. Questions regarding this case may be directed to Jing Yee, Principal Planner, at
(760)323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Gabriel Diaz telefono(760)323-8245.
PATRICIA A. SANDERS
City Clerk
94
i/
l
PROOF OF PUBLICATION Tins is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE.OF CALIFORNIA
County of Riverside
-------------------
No.7987
NOTICE OF CITY COUNCIL MEETING
I am a citizen of the United States and a resident of NOTICE OF PUBLIC HEARING
the County aforesaid; I am over the age of eighteen CITY OF PALM SPRINGS
years,and not a party to or interested in the To allow bus o. 5,0995C as a
above-entitled matter.I am the principal clerk of a conditional use in the community
Shopping Centel (C-S-C) zone
newspaper printer of the, ws SUN PUBLISHINGand Intent to Adopt a Negative Declaration
COMPANY a newspapap er of general circulation,
printed and published in the city of Palm Springs, Applicant: City of Palm Springs
County of Riverside,and which newspaper has been NOTICE IS HEREBY GIVEN that the City,Council
of the City of Palm Springs, California, will hold a
adjudged a newspaper of general circulation by the pgbflc healing at its meeting of Mayy 5,2004. The
City Council meeting berJ ins at 7:00 p.m. in the
Superior Court of the County of Riverside,State of council Chamber at Cay Hall,3200 East Tahquitz
California under the date of March 24,1988.Case Canyon way, Palm Springs.
Number 191236;that the notice,of which the The purpose of the i-Ieanngg rs to consider Case
No. 5.0995C, a request by the City of Palm
annexed is a printed copy(set in type not smaller terrr9P.00 section to nl�oa China oommunPty
than non pariel,has been published in each regular shopprp center zone),to avow busmeas schools, '
up[, 4 ,000 square feet, as a conditional use in
and m issue eo Said newspaper and not In any the community shopping center zone, citywide.
supplement thereof on the following dates,to wit: - " -
g The City of Palm Springs, in its capacityy as the
lead agency for this y Act (, under the Cte Dins
ZernEnvinon l environmental
Quality Act (CENA) evaluated the
Apri124th ppotential environmental impacts of the project.
Pursuant to Section Yed f of CENA, an Initial
---------—------------------------------------ 'i Study has been prepared for Case No. 5 0995C.
Through the ppreparation of the Initial Study for
Case o. 5.0995C, the City of Palm Spungs has
-----__-_-------__________________ determined that the Zoning Ordinance text
--'-----------� amendment pertaining to the community shop-
All in the year 2004 ping center zone could not have a significant im-
pIct on the environment and therefore, a Nega-
I certify(or declare)under penalty of perjury that the tIva Declaration has been prepared for the sub act
proposals which will be reviewed by the City
foregoing is true and correct. Council at the public hearing. The Initial Study
meets the requirements of the State of California
CENA, the State NENA Guidelines, and the City
Dated at Palm Springs,California this----41`t'----day of Palm Strings' Guidelines for the rmplemer
tion of C- . Members of the public may view
this tlocument In the Deppartment of Planning and
Zoning, City Hall, 3200E Tahquitz Canyon Way,
of---------June--------------------,2004 Palm Springs, and submit written comments to
the City Clark at or prior to the City Council hear-
Ina.
If any group challenges the action in court,issues
---
-------------
_ ratted may be horded to only those issues raised
at the public hearing described In this notice or y
Signature written correspondence at, it prior to given
Gay
Council hearing. An oppormndy will o given e
said hearing for all interested this
persons be de
heard. to Jiions regarding this case may b( di-
rected [o Jmg Yen, Principal Planner, at (7G0)
323-Fi245.
Sr neceslta ayuda con esta care, poi ravoi Ilame a
la Ciudad de Palm Springs y puede hablar can
Gabuel Uiaz telafono (7r o 323-82 it
PAIRICIA A. SANDFRS
City Clerk
PUB: April 24, 2004
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;
/0 C
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: "G�