HomeMy WebLinkAbout9/3/2003 - STAFF REPORTS (25) ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,
AMENDING THE ZONING MAP BY APPROVING A CHANGE OF
ZONE FROM R-1-B, W-R-1-B, AND SPA TO PD-269 FOR THE
PROPERTY LOCATED NORTH OF BOGERT TRAIL, EAST OF
GOLDENROD LANE,AND WEST OF THE PALM CANYON WASH,
ZONE R-1-13, W-R-1-13, SP-1, SECTION 35.
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THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1.Pursuant to Section 94.07.0013-6 of the Palm Springs Zoning Ordinance, the official
zoning map of the City of Palm Springs, referred to herein, is hereby amended as follows:
Change of Zone from R-1-B, W-R-1-B, and SP-1 to PD-269
The parcel of property legally shown on Exhibit A is approved for a change of zone from R-1-B, W-
R-1-B, and SP-1 to PD-269, specifically on the property located north of Bogert Trail, east of
Goldenrod Lane, and west of the Palm Canyon Wash, on file in the Planning and Zoning
Department, Case 5.0881-PD-269 TTM 30046
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 3rd day of September 2003.
AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: Member Hodges
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED &APPROVED: tog,
a3 �.
ORDINANCE NO. 1633
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,
AMENDING THE ZONING ORDINANCE IN REGARD TO SECTION
92.12.00("C-1"RETAIL BUSINESS ZONE)AND SECTION 92.09.00
("CBD" CENTRAL BUSINESS DISTRICT ZONE), TO ALLOW
OUTDOOR DISPLAY OF LIMITED MERCHANDISE IN THE
UPTOWN DISTRICT AREA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 92.09.01 Central Business District (CBD) is amended to read as follows:
92.09.01 Uses permitted.
A. Uses Permitted. Buildings,structures and land shall be used and buildings and structures shall
hereafterbe erected,altered orenlarged onlyforthe following uses.All uses shall be subjectto the
standards prescribed in Section 92.09.03.
1.Accessory uses customarily incident to the permitted uses and located on the same lot therewith
are permitted. The sale of used merchandise will be permitted as secondary use if such
merchandise is similarto the primary line or lines of new merchandise marketed by the enterprise;
2. Antique shops;
3. Apparel stores;
4. Art galleries;
5. Artist studios;
6. Automobile parking lots and structures as a main use;
7. Bakeries (retail only, with no on-site consumption of food);
8. Barber shops;
9. Beauty shops and supplies;
10. Bicycle sales including accessory repair;
11. Book and stationery stores;
Ordinance 1633
Page 2
12. Confectionery stores;
13. Convention centers;
14. Dance studios;
15. Delicatessens (Deleted by Ord. 1553);
16. Department stores;
17. Drafting and art supply stores;
18. Dressmaking shops;
19. Drug stores;
20. Film and camera sales;
21. Florist shops;
22. Furniture sales;
23. Gift stores;
24. Hardware and appliance stores;
25. Hobby shops;
26.Hotels(provided that,no more than ten(10)percent ofthe guest rooms contain kitchen facilities)
and multiple-family dwellings,subjectto the R-4zone standards(Section 92.05.00), including the
following:
a. Private clubs and condominiums,
b. Resort hotels, including incidental or accessory commercial uses operated primarily for the
convenience of the hotel guests;
27. Interior furnishing/decorator shops;
28. Jewelry stores;
29. Leather goods, luggage stores;
30. Libraries;
31. Medical/sick room supplies (retail);
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32. Modeling school, in conjunction with an approved modeling agency;
33. Movie theaters;
34. Museums;
35. Music stores;
36, Newspaper/periodical shops;
37.Offices(except contractors)and financial institutions, but offices and financial institutions shall
not exceed five thousand (5,000)square feet of gross floor area if located on the street level nor
front a street within the historic village center;
38. Outdoor Display as an accessory to a permitted main use and located on the same property
as the permitted use in Central Business District zone between Amado Road and Alejo Road.
a. Display of merchandise offered for sale within the 300-400 block of North Palm Canyon Drive
only:
i. Merchandise shall be limited to furniture, antiques, fine arts, and fine apparel.
ii. A maximum of one(1)item may be displayed within a single contiguous area of 16 square feet
that is totally located on front of and adjacent to the primary use.
iii. Items must be freestanding and not attached to any building.
iv. The maximum height of the display shall be seven feet.
v. The display shall not be placed within the public right-of-way.
vi. No product advertising nor signage may be placed on the display.
vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically
prohibited items include, but are not limited to, accessaries, display racks, mannequins (except
torso display frames), and other items.
viii. Approval of such display shall be subject Section 94.04.00, minor architectural application for
a finding that the display is compatible with pedestrian movements and the character of the
surrounding development.
39. Pet shop, including pet grooming (no kennel facilities);
40. Photographic studios;
41. Picture framing (retail and assembly only);
42. Plant sales;
43. Public parks/plazas;
44. Movie, radio and television production and broadcast facilities;
45. Radio, television and music shops with service as an accessory use;
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Ordinance 1633
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46. Shoe repair;
47. Shoe stores;
48. Slenderizing salons, health clubs, athletic clubs;
49. Sporting goods;
50. Stamp and coin stores;
51. Tailor shops;
52. Theaters, legitimate stage;
53. Toy stores;
54. Travel agencies;
55. Valet cleaning service;
56. Video/amusement arcades and machines as a secondary use in conjunctionwith a resorthotel
subject to the provisions of Section 93.16.00;
57. Video/amusement machines as accessory subject to provisions of 93.16.00;
58. Wine shops.
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, and not
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.
C. Uses Permitted by Land Use Permit.
1. Indoor uses;
a. Art schools;
b. Automotive rental agencies as part of a resort hotel. The following standards shall apply:
i. Standards prescribed in Section 92.04.01(A)(2), Accessory commercial uses for resort hotels,
shall be complied with,
ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the
hotel only,
iii. No service or repair facilities for the vehicles shall be permitted at the hotel site,
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Ordinance 1633
Page 5
iv.Such use shall be permitted only if the hotel contains an adequate number of parking spaces in
accordance with the provisions of Section 93.06.00;
c. Bicycle rentals (Deleted by Ord. 1347);
d. Bicycle rental agencies;
e. Blueprinting and photocopying;
f. Catering in conjunction with permitted main use;
g. Child care centers;
h.Conversion of existing upper-story floor area to apartments.The following standards shall apply:
i. Each unit shall contain complete kitchen and sanitary facilities,
ii. No outdoor storage may be visible from any street,
iii. Such conversion shall be subject to applicable building code provisions,
iv.Additional standards as deemed appropriate by the director of planning and zoning, including
considerations for open space, parking, and trash collection;
i. Delicatessens;
j. Farmers market;
k. Festivals and exhibits;
I. Food services and restaurants, all types unless otherwise regulated;
m. Ice cream parlors;
n. Post office branches;
o. Offices(except contractors)and financial institutions on the street level which are in excess of
five thousand(5,000)square feet of gross floor area,but offices and financial institutions which front
a setwithin the historic village center shall not exceed two thousand five hundred(2,500)square feet
of gross floor area;
p.Spas provided thatthe staff is licensed and trained in the particular programs provided as outlined
in Chapter5.34 of the Municipal Code and such facility complies with Chapter5.34 of the Municipal
Code;
q. Specialty marketplaces;
r. Take-out food service in conjunction with permitted restaurant use;
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Ordinance 1633
Page 6
s. Valet cleaning service.
2. Outdoor uses as an accessoryto a permitted main use and located on the same propertyas the
permitted use:
a. Art displays;
b. Artisans, artists;
c. Car shows;
d. Christmas tree sales not as an accessory use to a main use;
e. Display cases in malls or courts;
f. Farmers market;
g. Fashion shows;
h. Festivals, exhibits and special events;
i. Florists;
j. Musicians/entertainment(subject to provisions of noise ordinance);
k. Outdoor dining including beverage service;
I. Plant and floral sales and displays;
m. Postcard displays (limited to one per store frontage);
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
v. Other uses as determined by the planning commission.
3.Outdooruses as an accessoryto a permitted main use and located on public property including
the public right-of-way(streets and sidewalks):
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Ordinance 1633
Page 7
a. Art displays;
b. Artisans, artists;
c. Festivals, exhibits and special events;
d. Florists;
e. Musicians/entertainment (subject to provisions of noise ordinance);
f. Outdoor dining including beverage service;
g. Plant and floral sales and displays;
h. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
v. Other uses as determined by the planning commission.
4. Outdooruses located on public property including the public right-of-way(streets and sidewalks)
when conducted in a designated area approved by the city council and undertaken as part of a
festival,event or program to promote commercial,artistic or cultural activity in the downtown district:
a. Art displays;
b. Artisans, artists;
c. Bicycle rental;
d. Car shows;
e. Farmers market;
f. Fashion shows;
g. Festivals, exhibits and special events;
h. Florists;
i. Musicians/entertainment (subject to provisions of noise ordinance);
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Ordinance 1633
Page 8
j. Outdoor dining including beverage service;
k. Plant and floral sales and displays;
I. Theatre and public assembly;
m. Tourism activities kiosks;
n. Vending carts dispensing the following:
i. Food,
ii. Beverages,
ill. Crafts,
iv. Floral items,
v. Antiques and collectibles,
vi. Other uses as determined by the planning commission.
D. Uses Permitted by Conditional Use Permit.
1. Automobile parking (Deleted by Ord. 1418);
2. Automobile service stations designed and constructed as an integral part of an automobile
parking structure;
3. Automobile showrooms (at least fifty(50) percent of autos displayed for sale shall be new or
classic cars);
4. Beer gardens;
5. Cocktail lounges and nightclubs with or without dancing;
6. Discotheques;
7. Financial institutions with drive-through facilities;
8. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities;
9. Liquor stores;
10. Lodges, meeting halls, private clubs;
11. Offices(except contractors)and financial institutions in excess of two thousand five hundred
(2,500) square feet of gross floor area which front a street within the historic village center;
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Ordinance 1633
Page 9
12. Recreational facilities, commercial;
13. Tennis courts (Deleted by Ord. 1418);
14. Time-share projects subject to the provisions of Section 93.15.00;
15,Video/amusement arcades as a primaryuse,and video/amusement machines as a secondary
use,except as otherwise regulated,subject to the provisions of Section 93.16.00;and provided that,
such arcades/machines are located no closerthan three hundred(300)feetto anyother such use;
16. Spas as an accessory use to a hotel subject to the following standards:
a. For hotels with under fifty(50)rooms,the facility is to serve hotel guests only. Facilities located
in hotels with more than fifty(50)rooms and located on a major thoroughfare may be permitted to
serve clients who are not hotel guests,
b. The hotel has a minimum of fifteen (15) guest rooms,
c.Staff shall be licensed and trained in the particular programs provided in accordancewith Chapter
5.34 of the Municipal Code,
d. Such facility shall comply with Chapter5.34 of the Municipal Code.(Ord. 1590§§§§8, 9, 2000;
Ord. 1553(part), 1998;Ord. 1502(part), 1995;Ord. 1423(part), 1992;Ord. 1418(part), 1992;Ord.
1385, 1991;Ord. 1366(part), 1991;Ord. 1347(part), 1990;Ord. 1333(part), 1989;Ord. 1294(part),
1988)
SECTION 2. Section 92.12.01, Retail Business Zone (C-1) is amended to read as follows:
92.12.01 Uses permitted.
A. Uses Permitted. Buildings,structures and land shall be used and buildings and structures shall
hereafter be erected,altered or enlarged onlyforthe following uses.All uses shall be subjectto the
standards in Section 92.12.03.
1. Accessory uses customarily incidental to the permitted uses and located on the same lot
therewith;
2. Antique shops;
3. Apparel stores;
4. Art galleries;
5. Artists studios;
6. Art schools;
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Ordinance 1633
Page 10
7. Athletic or health clubs;
8. Auto parts (Deleted by Ord. 1502);
9. Bakeries, retail;
10. Banks and savings and loan institutions;
11. Barber shops;
12. Baths (Deleted by Ord. 1502);
13. Beauty parlors and colleges;
14. Bicycle sales including accessory repair;
15. Blueprinting and photocopying;
16. Book and stationery stores;
17. Catering, in conjunction with a permitted food service use;
18. Confectionery stores;
19. Dancing studios;
20. Department stores;
21. Drug stores;
22. Film and camera sales and exchange;
23. Florist shops;
24. Food stores and delicatessens;
25. Furniture stores;
26. Gift and hobby shops;
27. Hardware and appliance stores;
28. Hotels and resort hotels subject to the R-3 zone standards, Section 92.04.00;
29. Jewelry stores;
30. Laundromats (Deleted by Ord. 1324);
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Ordinance 1633
Page 11
31. Libraries;
32. Liquor stores (Deleted by Ord. 1324);
33. Medical/sick room supplies (retail);
34. Modeling schools;
35. Movie, radio and TV production and broadcast facilities;
36. Multiple-family dwellings subject to the R-3 zone standards, Section 92.04.00;
37. Museums;
38. Music shops;
39. Newsstands;
40. Offices not including storage or presence of goods, materials, supplies or equipment not
consumed or used by office use on the premises, or storage or presence of vehicles not used to
transport business personnel or patrons to and from the premises;
41. Outdoor Display as an accessory to a permitted main use and located on the same property
as the permitted use in the Uptown district north of Alejo Road.
a. Display of merchandise offered for sale in the Uptown area on North Palm Canyon Drive between
Alejo Road and Vista Chino Road:
i. Merchandise shall be limited to furniture, antiques, fine arts, and fine apparel.
ii. A maximum of three(3)items maybe displayed within a single contiguous area of 32squarefeet
that is totally located on front of and adjacent to the primary use.
iii. Items must be freestanding and not attached to any building.
iv. The maximum height of the display shall be seven feet.
v. The display shall not be placed within the public right-of-way.
vi. No product advertising nor signage may be placed on the display.
vii. Prohibited items include all merchandise not specifically covered in item i above. Specifically
prohibited items include, but are not limited to, accessaries, display racks, mannequins (except
torso display frames), and other items.
viii. Approval of such display shall be subject Section 94.04.00, minor architectural approval for a
finding that the display is compatible with pedestrian movements and the character of the
surrounding development.
42. Pet stores, pet grooming;
43. Photographers studios;
44. Private clubs;
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Ordinance 1633
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45. Restaurants,with orwithout outdoor dining,excluding drive-in or drive-through restaurants,or
those within mixed-use developments in excess of twenty thousand (20,000)square feet of floor
area;
46. Security exchange;
47, Shoe stores;
48. Small appliance shops and service;
49. Supermarkets;
50. Tailor shops;
51. Theaters, movie and legitimate stage;
52. Travel agencies;
53. Toy stores;
54. Used/consignment merchandise in conjunction with new merchandise or antiques, provided
fifty(50) percent of stock is new merchandise or antiques;
55. Video/amusement machines as an accessory use subject to the provisions of Section
93.16.00.
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, and not
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. Indoor Uses:
a. Auction houses, pursuant to Chapter 5.04 of the Municipal Code;
b. Automotive rental agencies as part of a resort hotel. The following standards shall apply:
i.Standards prescribed in Section 92.04.01(A)(2),Accessory Commercial Uses for Resort Hotels,
shall be complied with,
ii. Number of vehicles stored at the location shall be limited to the number necessary to serve the
hotel only,
iii. No service or repair facilities for the vehicles shall be permitted at the hotel site,
Page 12 of 18
Ordinance 1633
Page 13
iv. Such use shall be permitted only if the hotel contains an adequate number of parking spaces in
accordance with the provisions of Section 93.06.00;
c. Bicycle rental;
d. Catering in conjunction with permitted main use;
e. Child care centers;
f.Conversion of existing upper-story floor area to apartments.Thefollowing standards shall apply:
i. Each unit shall contain complete kitchen and sanitary facilities,
H. No outdoor storage may be visible from any street,
iii. Such conversion shall be subject to applicable building code provisions,
iv. Additional standards as deemed appropriate by the director of planning and zoning, including
considerations for open space, parking, and trash collection;
g. Farmers market;
h. Festivals and exhibits;
i. Ice cream parlors;
j. Restaurants within mixed-use developments;
k. Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the
particular programs provided as outlined in Chapter5.34 of the Municipal Code and such facilityis
in compliance with Chapter 5.34 of the Municipal Code;
I. Special purpose schools;
m. Take-out food service in conjunction with permitted restaurant use;
n. Valet cleaning service.
2.Outdoor uses as an accessory to a permitted main use and located on the same property as the
permitted use:
a. Art displays;
b. Artisans, artists;
c. Car shows;
d. Christmas tree sales not as an accessory use to a main use;
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Ordinance 1633
Page 14
e. Display cases in malls or courts;
f. Farmers market;
g. Fashion shows;
h. Festivals, exhibits and special events;
i. Florists;
j. Musicians/entertainment (subject to provisions of noise ordinance);
k. Plant and floral sales and displays;
I. Postcard displays (limited to one per store frontage);
m. Recycling collection center as an accessory use on a developed property;
n. Theatre and public assembly;
o. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
iv. Floral items,
v. Other uses as determined by the planning commission.
3. Outdoorusesasan accessory to a permitted main use and located on public property including
the public right-of-way(streets and sidewalks):
a. Art displays;
b. Artisans, artists;
c. Festivals, exhibits and special events;
d. Florists;
e. Install auto accessories (Deleted by Ord. 1324);
f. Musicians/entertainment (subject to provisions of noise ordinance);
g. Outdoor dining including beverage service; y
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Ordinance 1633
Page 15
h. Plant and floral sales and displays;
i. Vending carts dispensing the following:
i. Food,
ii Beverages,
iii. Crafts,
iv. Floral items,
v. Other uses as determined by the planning commission.
4.Outdooruses located on public property including the public right-of-way(streets and sidewalks)
and conducted in a designated area approved by the City Council and undertaken as part of a
festival,event or program to promote commercial,artistic or cultural activity in the downtown district:
a. Art displays;
b. Artisans, artists;
c. Car shows;
d. Farmers market;
e. Fashion shows;
f. Festivals, exhibits and special events;
g. Florists;
h. Musicians/entertainment (subject to provisions of noise ordinance);
i. Outdoor dining including beverage service;
j. Plant and floral sales and displays;
k. Theatre and public assembly;
I. Vending carts dispensing the following:
i. Food,
ii. Beverages,
iii. Crafts,
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Ordinance 1633
Page 16
iv. Floral items,
v. Antiques and collectibles,
vi. Other uses as determined by the planning commission.
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. Ambulance services, and accessory uses customarily incident to the permitted use; provided,
the site is located on a major or secondary thoroughfare as indicated by the general plan;
2. Automobile parking lots not in conjunction with a permitted use, subject to the provisions of
Section 93.06.00;
3. Automobile parking structures;
4. Auto parts and accessories, retail, and installation of same;
5. Automobile sales agencies (at least fifty(50) percent of autos displayed for sale shall be new);
6. Automobile service stations;
7. Car washes;
8. Churches;
9. Cocktail lounges and night clubs as a primary use;
10. Commercial recreational facilities;
11. Convenience stores;
12. Convention center;
13. Drive-through facilities;
14. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities;
15. Laundromats;
16. Liquor stores;
17. Lodges, meeting halls;
18. Motorcycle rental provided there is no fluid service or engine part removal or repair conducted
on the premises. All activities including instructions and driver checkout are to be conducted on
private propertywithin an approved parking area. In order to address potential noise concerns, all
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Ordinance 1633
Page 17
rental bikes will maintain the original exhaust systems approved by the manufacturer and the state
of California;
19. Pawn shops, provided that no pawn shop is located closer than two thousand five hundred
(2,500) feet to another;
20. Restaurants within a hotel containing from thirty (30) to ninety-nine (99) guest rooms;
21. Spas provided that staff is licensed and trained in the particular programs provided and such
facility is in compliance with Chapter 5.34 of the Municipal Code;
22. Spas as an accessory use to a hotel subject to the following standards:
a. For hotels with underfifty(50)rooms, the facility is to serve hotel guests only. Facilities located
in hotels with more than fifty(50)rooms and located on a major thoroughfare may be permitted to
serve clients who are not hotel guests,
b. The hotel has a minimum of fifteen (15) guest rooms,
c.Staff shall be licensed and trained in the particular programs provided in accordance with Chapter
5.34 of the Municipal Code,
d. Such facility shall comply with Chapter 5.34 of the Municipal Code;
23. Thrift shops operated by charitable organizations;
24. Time-share projects subject to the provisions of Section 93.15.00;
25. Video/amusement arcades as a primary use subject to the provisions of Section 93.16.00;
26.Video/amusement machines as a secondary usesubjectto the provisions of Section 93.16.00.
(Ord. 1590§§10,2000:Ord. 1553(part), 1998;Ord. 1551 (part), 1998;Ord. 1502(part), 1995;Ord.
1418(part), 1992;Ord. 1366(part), 1991;Ord. 1347(part), 1990;Ord. 1324(part), 1989;Ord. 1294
(part), 1988).
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)days
after passage.
Page 17 of 18 14 1 -
Ordinance 1633
Page 18
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 ora display advertisement,
duly prepared according to law, to be published in accordance with law.
ADOPTED THIS 3rd day of September 2003.
AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT. Member Hodges
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED & APPROVED: Ri
Page 18 of 18 ` "
PFr, FI\IED
03S .P fJ �6� 8: 25
HU�`j itLD0URCES
CITY OF PA't.11 SPRINGS
PROOF OF PUBLICATION This is space for County Clerk's Film-,stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen -
No.5662 ---------'---
years,and not a party to or interested in the CITY OF PALM SPRINGS
above-entitled matter.I am the principal clerk of a SUMMARY OF ORDINANCE
printer of the,DESERT SUN PUBLISHING AN ORDINANCE OF THE CITY OF PALM
p SPRINGS, CA LI FORNIA, AMENDING THE MU-J
COMPANY a newspaper of general circulation, NGWFORM L 00DS AND REGARD
URESS O NON-CON-
printed and published in the city of Palm Springs, This Ordinance amends the Municipal Code of
County of Riverside,and which newspaper has been the Clty of Palm thorize the Planning Co Springs.The amendment will all-
to allow leu- I
gal I
adjudged a newspaper of general circulation by the non-conforming apartment uses affected by the
County
Superior Court of the of Riverside,State 1973 and 1995 down-zoning (Ordinance No. 951,
P vers e o and Ordinance 1513) to continue mdefinetly with
California under the date of March 24,1988.Case the approval of a conditional use permit.
Number 191236; that the notice,of which the A full copy is on file in the Office of the City Clerk
annexed is a printed copy(set in type not smaller intrOdochon for first reading on the 30th day of
than non pariel,has been published in each regular duly,2003,
and entire issue of said newspaper and not in any ADOPTCD as Ordinance No. 1634 this 3rd day of
supplement thereof on the following dates,to wit: September,2003,
AYES. Members Mills, Oden, Reller-Spurgm and
Mayor Kleindienst
NO
-S' None
ABSENT: Member Hodges
September 1110 - - ATTEST city OF PALM SPRINGS
-----------------------------------------------------------
/s/Pstncia A Sanders /s/Wtl/iam G.Kleindienst
City Clerk Mayor
-_--------------_------____- ------ PUB: September 11, 2003
All in the year 2003
I certify(m,declare)under penalty of perjury that the
foregoing is true and correct.
15th
Dated at Palm Springs,California this--------day
of----------September--------------------------—,2003
Signature
ORDINANCE NO. 1634
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE IN
REGARD TO CHAPTER 94.00, SECTION 94.05, NOW
CONFORMING USES AND STRUCTURES ORDINANCE TO
PROVIDE A RELIEF MECHANISM FOR MULTI-FAMILY
RESIDENTIAL USES AND A TRANSIENT TYPE USE(HOTEL)
AFFECTED BY THE 1973 AND 1995 DOWN-ZONING
(ORDINANCE NO. 951 AND ORDINANCE NO.1513).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 94.05.042 is amended to read as follows:
94.05.042 Termination of nonconforming use.
A.Anyusewhich is nonconforming as provided in this chapter, shall be removed orconverted
and the premises thereafter shall be devoted to uses consistent with the zoning of the
property,within ten(10)years from the date such use became nonconforming unless extended
as provided in Section 94.05.07, or unless a conditional use permit has been obtained as
provided in Section 94.05.08.
B. Any use which does not complywith this section shall be deemed a public nuisance and
shall be abated accordingly unless an exception shall be granted bythe planning commission
or city council.
C. Nothing contained in this Zoning Code shall be construed to require abatement of a lawful
structure enclosing a nonconforming use which can be relocated as provided in this Zoning
Code.
D.Any portion of a nonconforming building, structure or use which is altered or changed to a
conforming use shall notthereafterbe used fora nonconforming use.(Ord. 1294(part), 1988)
SECTION 2. Section 94.05.08 added to read as follows:
94.05.08 Special non-conforming multi-family structures permitted as conditional
uses.
A. Those multi-family structure and uses and a transient type use(hotel)which became non-
conforming in 1973 or 1995 due to Ordinance No. 951 and 1513 respectively, maybe
�3I�
Ordinance 1634
Page 2
permitted to continue indefinitely when a conditional use permit is approved pursuant to
the requirements of this section, and of section 94.02.00 (CUPS) and the use shall
thereafter be considered a permitted use so long as the use is in compliance with the
conditional use. The conditional use may be approved if the following conditions are
adequately met:
1. The extension of the use shall assist the preservation of decent and habitable transient and
permanent rental stock;
2. The extension of the use will not adversely affect current and future city services;
3. The extension of the use complies to the greatest extent possible with General Plan, and
accomplishes important General Plan policies;
4. The use, as conditioned, reasonably complies with zoning and existing uniform building
and fire codes.
5. The project is developed, landscaped, and maintained in a mannerto be harmonious with
surrounding property and positively contributes to neighborhood values;
6. The project has adequate traffic circulation and parking;
7. The applicant's have implemented adequate methods to assure the future and continuity
of management and property maintenance of the project;
8. The applicant has implemented satisfactory measures to provide property security and
tenant activity to minimize criminal activity as demonstrated by police activity reports;
9. All conditions of Section 94.05.04 shall be met; and
10.Any other factors deemed relevant gnd any other information which the commission orthe
applicant considers necessary ordesirable to an appropriate an proper consideration of
the application.
B. The Conditional Use Permit shall provide appropriate provisions for periodic review, or
review by complaint,and can be revoked forfailureto continuously meetthe conditions of
approval.
C. The Planning Commission after holding a public hearing pursuant to Section 94.05.06 and
based upon a review of the entire record, may approve a conditional use permit which
imposes conditions pursuant to Section 94.02.00. The decision of the planning
commission is final unless appealed to the city council in a manner provided by Chapter
2.05 of the Palm Springs Municipal Code.
SECTION 3. Section 94.05.08 is amended to read as follows:
94.05.09 Public nuisance.
Any nonconforming use continuing beyond the date for abatement set by the planning
commission or city council shall be considered a public nuisance and subject to immediate
abatement unless a time extension has been granted pursuant to Sections 94.05.07 and
94.05.08
Ordinance 1634
Page 3
SECTION 4. Section 94.05.09 is amended to read as follows:
94.05.10 Continuation of nonconforming uses and buildings.
The nonconforming uses and buildingswhich exist pursuantto special permission underthis
Zoning Code or any previous ordinance, shall be permitted to continue underthe conditions
and regulations imposed in such permit, administrative approval, or variance. (Ord. 1294
(part), 1988)
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty(30)
days after passage.
SECTION 6. 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 3rd day of September , 2003.
AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: Member Hodges
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
REVIEWED & APPROVED:
EXHIBIT A
PROPOSED CHANGE OF ZONE:
R-1-B and W-R-1-13 to PD-269
APN#s 512-190-001 512 190-002 512-190-007
512-190-008 512-190-009 512-190-026
512-190-032 512-190-036
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