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Home My WebLink About7/30/2003 - STAFF REPORTS (4) DATE: July 30, 2003 TO: City Council FROM: Director of Planning and Zoning CASE NO. 5.0951 - INITIATED BY THE CITY OF PALM SPRINGS TO AMEND THE ZONING ORDINANCE IN REGARD TO SECTION 94.05, NON-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)AND MITIGATED NEGATIVE DECLARATION; AND CASE NO. 5.0953 IN REGARDS TO SECTION 92.12.00(C-1, RETAIL BUSINESS ZONE) AND SECTION 92.09.00(CBD CENTRAL BUSINESS DISTRICTZONE)TO ALLOW OUTDOOR DISPLAY OF LIMITED MERCHANDISE IN THE UPTOWN C-1 RETAIL BUSINESS ZONING DISTRICT AND CBD CENTRAL BUSINESS DISTRICT ZONE. RECOMMENDATION The Planning Commission recommends that the City Council conduct a public hearing on the request, and if the City Council deems appropriate, approve the attached Zoning Ordinance as proposed (Attachment G and I), and authorize the filing of a negative declaration for the non- conforming ordinance amendment and noticeof exam ption for the outdoor display amend ment. The proponents are Downtown Development Director, Uptown Businesses, and the City of Palm Springs. Note that all the proposed changes are shaded in the attached draft ordinances. All other sections remain the same. Atthe public hearings there were no opposition to the proposed zoning text amendments. SUMMARY: The approval of the action listed abovewill authorizethe Planning Commission to allow legal non- conforming apartment uses affected bythe 1973 and 1995 down-zoning(Ordinance No.951, and Ordinance 1513)to continue indefinitely with the approval of a conditional use permit. In addition, it will allow limited outdoor displayofmerchandise in the Uptown business district,with restrictions through a minor architectural application. BACKGROUND Non-conforming Uses and Structures: In 1973&1995,a number of residential parcels were down zoned from multi-familyto single family residential designations(R-1-C)(see Attachment A). Asa result,a number of parcels north of Vista Chino and east of Sunrise Way, and north of Las Vegas and west of Indian Canyon Drive became legal non-conforming, and technically amortized by the City's Non-conforming Ordinance(Palm Springs Zoning Code, Chapter 94.00, Section 94.05). At the request of Jeanne Burke and Jane Owen, local Realtors and owners of an apartment complex down zoned in 1973 (see attached letter dated October 16, 2002, Attachment B), staff has investigated possible amendments to the City's non-conformance ordinance to provide a relief mechanism for multi-family residential uses and a hotel use affected bythe 1973 and 1995 down zoning. At its public hearing on July 09,2003,the Planning Commission endorsed the option for a Conditional Use Permit provision for non-conformingresidential uses and a hotel use only, similar to the City of Cerritos and recommended approval to the City Council(see Attachment C, July 09, Page 2 of 5 July 30, 2003, City Council Meeting Case No. 5.0951 and 5.0953, Zoning Text Amendment 2003, Planning Commission Minutes). Underthe Cerritos non-conforming use regulations, a non- conforming use is considered legal and will be allowed to continue "indefinitely" if there is an approved conditional use permit on file and certain conditions are met. The project is a request to amend the zoning ordinance in regards to Section 94.05, Non-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). Outdoor Displays in the Uptown District and 300-400 block of North Palm Canyon Drive: The City in response to the Uptown District business owners'request, have re-evaluated a prior trial program for restricted outdoor display of merchandise. The trial program was tested in the late 1990's and worked reasonablywell in Uptown. At its public hearing on July 09,2003,the Planning Commission recommended approval to the City Council - provided merchants would use peer group pressure to self-enforce,that products displayed be very limited(fine furniture,art,antiques, and apparel),and that the number of products displayed is limited to three(3)items in Uptown and one (1) in the 300-400 block of North Palm Canyon Drive (see Attachment C, July 09, 2003, Planning Commission Minutes). The Planning Commission supports the one item limitation in the 300-400 block,due to existing property conditions,side walks,and pedestrian activity. There may be some business locations where an outdoor display cannot meet the proposed criteria and therefore would be prohibited. The Planning Commission does not support any encroachment into the public right-of-wayfor outdoor displays. To date, Uptown, Mainstreet,and a core group of gallery owners(300-400 block of North Palm Canyon Drive)support the concept and are willing to try the program again (see Attachment D, Uptown Association letter dated July 01, 2003). Mainstreet Board of Directors do not support outdoor displays (other than post-card racks) south of Amado Road. The project is a request to amend the zoning ordinance in regards to Section 92.09.01 (Uses Permitted -"CBD"central business district), and Section 92.12.01 (Uses Permitted-"C-1" Retail Business Zone), to allow limited outdoor display of merchandise in the Uptown area only. AMENDMENT TO THE ZONING 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), and limited outdoor display of merchandise in the C-1 and CBD zoning referenced above, a zoning ordinance text amendment is proposed. Non-Conforming Uses and Structures: The multi-family uses(apartments)and a hotel use located in the Exhibit area fall within the non- conforming uses and non-conforming structure provisions of the City's non-conforming ordinance. Essentially, they were lawfully established but now do not conform to subsequently established zoning and zoning regulations. In accordance with the City's non-conforming ordinance,the apartments shall not be required to be abated earlierthan the period established in the ordinance(minimum 30yrs amortization fortype IV &V structures)measured from the date they became non-conforming(1973 or 1995 in this case). This is not withstanding any other ordinance provision, such as, damaged or destroyed non- conforming buildings. With amortization set to expire in 2003 for properties re-zoned in 1973, S V Page 3 of 5 July 30, 2003, City Council Meeting Case No. 5.0951 and 5.0953, Zoning Text Amendment concerned owners of apartments in the affected area have voiced concern about the potential impacts on their investments, ability to refinance, get traditional loans, and ability to market their properties. In addition,the current ordinance requires a notice of hearing before the Planning Commission for a non-conforming use with the date of abatement(Section 94.05,05) (see Attachment F, entire provisions of Chapter 94.00with changes). The Planning Commission is authorized to determine whether the non-conforming use should be abated ora time extension should be granted(Section 94.05.06). The Planning Commission's decision to grant an extension and the length of the term is based on a number of factors listed in the Ordinance (Section 95.05.07). In terms of a non- conforming use occupying a structure that can be used by a use permitted in the land use district, the use may be permitted an extension sufficient to relocate. However, in no case shall the extension be more than two (2) years (Section 95.05.07 (C)). In terms of apartments and a hotel use in single-family residential zones(non-conforming use and structure),the Planning Commission may grant an extension of time for abatement where itfinds that unreasonable hardship would otherwise be imposed on the property owner. The Planning Commission also sets the term of the extension(Section 94.05.07). However, it is not the intent of the current ordinance to permit the Planning Commission authority to allow the structure/use to continue "indefinitely." Recognizing that certain non-conformities create a greater degree of incompatibility and negative environmental impactthan others,the proposed ordinance amendment provides that certain non- conformities maybe continued indefinitely,subject to certain conditions,whereas certain other non- conformities shall be abated if not made conforming or reasonably conforming within specified periods oftime. It is the purposeof this zoning ordinance amendment to provide regulations forthe reasonable continuance, modification, and termination of non-conformities in order to promote compatibility of uses,improve environmental quality,and protect the public health,safety&general welfare. Palm Springs Zoning Code,Section 94.05.08,entitled special non-conforming multi-family structures permitted as conditional uses, will be added to the provisions to allow legal non- conforming apartment uses affected by the 1973 and 1995 down-zoning(Ordinance No.951,and Ordinance 1513) to continue indefinitely with the approval of a conditional use permit. Any non-conformity that has not been abated when required or otherwise fails to comply with the provisions of this amended ordinance will continue to be a nuisance. The zoning amendment is proposed for the following reasons: 1) to maintain housing stock in accordance with the City's General Plan(1993 Land Use Element Policies 3.1.1,&3.3.7)(1993 Housing Element Policies(2003 Draft Housing Element Policies 4.6.2, 4.6.3, 4.6.6, and 4.7.4) and since development of replacement units would be expensive; 2)ease in monitoring non-conforming residential uses; 3) to eliminate obstacle for apartment owners to refinance or get traditional loans; 4) to promote marketability; and 5) to promote continued reinvestment into structures whereby promoting neighborhood pride within the apartments, as well as, surrounding neighborhoods. Despite the relatively affordable housing stock in the City,there is an inadequate supplyof affordable housing for very low-income and large families. Multi-family housing is the primary source of affordable housing in most communities and the subject amendment will help to preserve this source of housing stock in the City. 3M Page 4 of 5 July 30, 2003, City Council Meeting Case No. 5.0951 and 5.0953, Zoning Text Amendment Outdoor Displays in the Uptown District and 300-400 block of North Palm Canyon Drive: In terms of outdoordisplays in the Uptown area,the zoning ordinance text amendmentwould alter Section 92.09.01 and Section 92.12.01 (Uses Permitted in CBD and C-1 zoning district). This would allow limited outdoor display of merchandise in the Uptown business district between Alejo Road and Vista Chino Road,and between Amado Road and Alejo Road(300-400 Block)in the CBD zone by right of zone. This new provision is performance based and is limited to the following restrictions as recommended by the Planning Commission at their July 09, 2003, public hearing meeting: 1) merchandise shall be limited to furniture, antiques, fine arts, and fine apparel; 2) a maximum of three(3)items in the C-1 zone and one(1) item in the 300-400 block of North Palm Canyon Drive maybe displayed within a single contiguous area of32 squarefeetand 16 squarefeet respectively, and totally located in front of and adjacent to the primary use; 3) items must be freestanding and notattached to anybuilding;4)the maximum heightof the displayshall beseven feet;5)the display shall not be located within the public right-of-way;6)no product advertising nor signage may be placed on the display; 7)prohibited items include all merchandise not specifically covered in item number 1 above, with specifically prohibited items to include, but not limited to, accessaries, display racks, mannequins (except torso display frames), and other items; and 8) approval of such displayshall be subject to the finding that the display is compatiblewith pedestrian movements and the character of the surrounding development. Enforcement will be challenging if business owners and property owners do not actively self enforce through Mainstreet and Uptown Associations. Business owners outside of allowable areas may assume that outdoordisplays are allowed thus causing a wider enforcement problem. In the event enforcement within allowable areas or in other areas becomes a problem,staff will notify business owners, write correction notices, or violation notices. If program becomes unmanageable, the subject ordinance amendments may need to be modified or rescinded. ENVIRONMENTAL ANALYSIS AND NOTIFICATION 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. Through the preparation of an initial study for Case No. 5.0951 (Non-conforming Uses and Structures), the City of Palm Springs has determined that the Zoning Ordinance text amendment pertaining to non-conforming uses and structures will not have a significant impact on the environment,and 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. A Negative Declaration has been prepared for Case No.5.0951. A Notice of Intentto adopt a Negative Declaration was published in accordance with State Lawwith the review period ending on July08, 2003. In terms of Case No.5.0953(Outdoor Display of Merchandise),the City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to outdoordisplays in the uptown area could not have an impact on the environment, and are exempt from the California Environmental Quality Act(CEQA)provisions,the State CEQA Guidelines(Section 15304, Class 4(e)), and the City's CEQA procedures contained in the City's CEQA Guidelines. A Notice of Exemption has been prepared for Case No. 5.0953. 5nq Page 5 of 5 July 30, 2003, City Council Meeting Case No. 5.0951 and 5.0953, Zoning Text Amendment — aCW , Director of�6�anning and Zoning Approved: City Manager ATTACHMENTS A. 1973 and 1995 down-zoned areas map (Ordinance 951 and Ordinance 1513) B. Letter dated October 16, 2002, from Jeanne A. Burke C. Planning Commission Minutes for July 09, 2003 D. Letter dated July 01, 2003, from The Uptown Heritage Galleries and Antique District Merchants Association E. Initial Study- Negative Declaration for Non-conforming Uses and Structures F. Entire provisions of Chapter 94.00, Non-conforming Uses and Structures with proposed amendments. G. Zoning Ordinance Text Amendment- Non-conforming Uses and Structures H. Resolution I. Zoning Ordinance Text Amendment- Outdoor Display of Limited Merchandise NOTICE OF CITY COUNCIL MEETING CITY OF PALM SPRINGS Case No. 5.0951 Non-Conforming Uses and Structures Zoning Code Amendment, and Intent to Adopt a Negative Declaration, and Case No. 5.0953 To allow outdoor display of limited merchandise in the uptown C-1 retail business zoning district and CBD central business district zone. 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 special meeting of July 30, 2003. The City Council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the Hearing is to consider: 1)Case No.5.0951,a request by the City of Palm Springs to amend the City's Zoning Code, Chapter 94.00, Section 94.05, Non-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); and 2)Case No.5.0953,a request by the City of Palm Springs and Uptown Association to amend the City's Zoning Code,Chapter 92.00,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. Case No. 5.0951: In 1973 and 1995,a number of residential parcels and one hotel facility was down-zoned from multi- family to single-family residential designations (R-1-C). As a result, a number of parcels north of Vista Chino, east of North Sunrise Way, north of Las Vega Road,and west of North Indian Canyon Drive became legal non-conforming and technically amortized by the City's Non-Conforming Ordinance. The Non-Conforming Uses and Structures Ordinance will be amended to allow legal non-conforming uses to be considered conditional permitted uses. The following is a summary of refinements proposed forthe City's Zoning Code,Chapter 94.00,Section 94.05, Non-Conforming Uses and Structures Ordinance: 1)Section 94.05.042,Termination of Non-Conforming Use,to include a provision referencing the revised Extension of Time section (Section 94.05.07); 2) Section 94.05.07, Extension of Time, expanded to include provisions to allow legal non-conforming apartment uses and a hotel use affected by the 1973 and 1995 down-zoning (Ordinance No. 951,and Ordinance 1513)to continue indefinitely as a conditionally permitted use; 3)Section 94,05.08, public nuisance,to include a provision exempting multi-family residential uses and structures, and a transient type use as defined in Section 94.05.07 above, with an approved Conditional Use Permit. Case No. 5.0953: Refinements are proposed to Section 92.12.00 ("CA" retail business zone) and Section 92.09.00 ("CBD"central business district zone),to allow outdoordisplay of limited merchandise only in the uptown district area with specific restrictions. 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. Through the preparation of an initial study for Case No. 5.0951 (Non-conforming Uses and Structures), the City of Palm Springs has determined that the Zoning Ordinance text amendment pertaining to non-conforming uses and structures will not have a significant impact on the environment, and 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. A Negative Declaration has been prepared for Case No.5.0951. A Notice of Intent to adopt a Negative Declaration was published in accordance with State law with the review period ending on July 08, 2003. In terms of Case No. 5.0953 (Outdoor Display of Merchandise), the City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to outdoor displays in the uptown area could not have an impact on the environment,and are exemptfrom the California'Environmental Quality Act(CEQA) provisions, the State CEQA Guidelines (Section 15304, Class 4(e)), and the City's CEQA procedures contained in the City's CEQA Guidelines: Case No. 5.0951, Non-Conforming Uses and Structures Zoning Code text amendment and initial study, and Case No. 5.0953 and related documents are available for public review daily. Members of the public may view these documents in the Department of Planning and Zoning at City Hall,3200 East Tahquitz Canyon Way,Palm Springs,and submitwritten comments at or prior to the City Council Hearing. If any group challenges the action in court,issues raised maybe 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 Lawrence A. Mainez, Principal Planner, at (760)323-8245, PATRICIA Clerk A. SANDERS 42% Publish: The Desert Sun City Clerk 7-19-03 F Down Zoned from R,G-A(6)to ' a,LselLr R-1-DIn' R.I-C a C 1995 w-P-3. W-0-6 p fl.l-C `rT 7 f fl I C 4G' fl-2 RO.IIDA' 113 Ipt' P.D.219 R I C h me P.D. 210 0 5 . —.0 •• z� R-2z 167 M.I if, I W AI ♦ PDIDO - R2 u.l fic2 „�-I _ z RI Co C-1 n.o.♦ fl-I-A !tM A 'e •R.I-c. LL: P.D.115 P D 115 • ��q'.G-AIL) ' - R•1-A R.I-C R C - P F' qo-a fLl 'R�RC w DOWn Zoned from ft48R-3 0-5 C 5 to R-0-C In 197373 P P> la M —R-I kj �0 �� IN• I I/ \� .. .. qG' A(M I R-2. R-Z R.'u.,w I. O P.O'110 P.41a i . - - - - 1 R-G-A(B)\\ RIC �o iDUe q2 R-I-C V �o•j LL. I10 LL � _ q.LC evuL N { P\ m 1 ] 9 ♦POSEa- /1 p ¢ � 0 R-2 N.2 M2 R-hC RLC I LD.xre i ••I � -R bC R-I-C °� LA[AiR-I.c q _i <�LL •.r-c.! U u — q A � . e i B 1 ♦\ � =—'� ..� � FFJJ I LyJI „ a .R_1_ - 0.-3 ;.1A �-- - a J �� ]AO j R-2 Aivoa ePHtil q`O 4115 P,-q �.R-1_A_ R-1-A I R I-A' A�M1A ., r.0. •• �n�I I,L L Neac -, S _ R-I.q afl P I-A R1-Aa p ¢ H. P 2 R.6B c�] �. .e-a A-I-C i -&I-C :• �. •^ :y;+il xcxu c id'n.Ls N.J.0 H l..i,IIMaPi Current Zoning Legend RESIDENTIAL COMMERCIAL INDUSTRIAL OTHER i MOEESSIDNAL ZONE M-I-P PLANNED PESEAPLN AND 0 0-RE alEsi nANIN ZONE C-B-D CENTRAL BUSINESS pIST,ZONE DEVELDPMENT ioxE bl-MN u'`ri fINOLE FAMILY gE510ENTUl ZIXIE C-0'N 0-5 11'I-A ;MOLE FAMILY IrESICENTIAL SOME G-S'({ M-I SEPVIc PNUFACTVRING ZpNE 0-20 RI•p 'Aal .Stt13LF FAMILY gE51(ENTIAL ZONE 0_I <oxxaunxT,xonlxo zemzp zpxe U•R URBAN gESERVE ZONE 11TbPC 'fj TI 011pLE iAMIIY nESICENTIAL ZONE c-lap �TpTAA��ET"ILtuslxEss zoxE C-C CIVIC CENTER OISTRICT ZpNE M nO ��T. LMOLE FAMLY NECIOENTIAL LINE C-2 GENERAL ERAL COMMERCIAL N N 1 I1 p E E VAi O n-E=a(al cLuSTEq IIEsmENn AL zOHE C-M COMMERCIAL MANUFCITL ZONE OTHER NESONT COMBINING ZONE CCMNERCIAL MANUFAOTVAIN020ME N AIP ORT ZONE N-ca bl OAgOEN!.PTs MULTIPLE zONE REDEVELOPMENT AREAS R-2 LIMITED MULTIPLE ZONf N(PREF1X) NOISE IMPACT CONpINING ZONE 'SPECIFIC PLAN AREAS Rd MNLTYFAMLY AND HOTEL ZONE W WATERCOVPSE ZONE 11'M NOiEL t MULTIPLE ZONE WIPREFIXI WATERCOURSE ZONE I.L. INDIAN LAND 14A-VP u, liJu Viii IJ IUGn NCN SUIT COVENANT P-MHP MCII` `u 1{HOME PARK PONe` P.D. PLANNED DEVELOPMENT Properties Down Zoned to R-1-C and R-1-D in 1973 and 1995 respectively. October 16, 2002, Dear Mr. Mayor, spoke with you at the Palm Springs Board of Realtor's meeting at the Mizell Center several weeks ago in an attempt to explain an issue regarding "non-conformity" classification and down zoning issues that occurred in Palm Springs in 1973 affecting my apartment building. You expressed a sincere concern and asked me to write you a letter. I own a'14 unit apartment building at 2388 N. Sunrise Way in Palm Springs north of the intersection at Racquet Club Road and east side of Sunrise Way. 1 bought the building in 1999. In 1969 the zoning laws permitted the construction of this apartment building consisting of 14 units. The city records indicate that 14 permits were issued for such construction. In 1973 Palm Springs general plan down zoned several areas. My property was one of several involved. The "grand father" clause allowed the use of the property to continue as originally intended, an apartment complex. Classification of this apartment building was changed to "non-conforming". The definition of the term "non-conforming" contained some language that "the use of the land" would have to be brought to the current zoning rules according to an "amortization schedule". Enclosed is a copy of the city's planning pages of the ordinances explaining the definition. The interpretation of the amortization schedule is confusing in the definition of non-conforming. It may indicate the city could request the removal of my building and bring it to the current use of the land which is zoned R1 and restrict the property to only a single family home. However, after reading the ordinance again, I question whether this applies to the existing apartment building. John Raymond is aware of my issue and could possibly articulate the definition of the ordinance 94.05.03 or 94.05.07(A). When the council met in June of 1973, (minutes of the meeting enclosed), it appears that the intention of the council of Palm Springs was to keep it as a low density area and continue the integrity of Palm Springs as a vacation resort community. Absentee owners of the apartment buildings were not present and no objections were raised. Therefore, no one addressed the issue of the pre-.existing buildings. I feel the council should have included An amendment exempting pre-existing structures from any amortization clause, especially existing housing units. This issue, has changed drastically and our concern for affordable housing and the shortage we are experiencing in Palm Springs today is indicative of the fact we are no longer just a resort community. A more enlightened thought to move with the times of providing housing is evident. Furthermore, Sunrise Way is no longer a quiet street. Most of the properties on Sunrise, north of Racquet Club are zoned commercial. Albertson and Stater Brothers are on the comer of Vista Chino and Sunrise. An automotive store and Mexican restaurant is on Sunrise between Vista Chino and Via Escuela. Consideration for multiple zoning north of Racquet Club on the east side of Sunrise Way would be a viable solution to,development of the vacant lots on Sunrise Way. 1 have personally met with John Raymond and provided all the documentation and evidence with my efforts to resolve this matter over the past two years. I spoke and met with Chris Mills and Ron Oden in an effort to thoroughly explain in detail all the issues pertaining to this matter. (- have met several times with Doug Evans pertaining to this issue. I have been addressing this issue for over two years. 1 originally met with Doug Evans in October of 2000. 1 scheduled and was present in a session with the City.Building Planning Commission in 2001. It appeared that the issue was never addressed by anyone before: I have been a real estate broker for 31.years and I have the responsibility to disclose everything that affects my property. As a result, I can not sell my property, finance my property or enjoy all the privileges of property rights of ownership. A potential buyer would not consider purchasing and no financial institution would consider financing my building with this clause potentially affecting the property. Mr. Mayor, I have improved this property with my own financial resources, provided homes for 14 families who enjoy and feel safe living in my apartment building and have significantly reduced police surveillance in the past 3 years savings tax payers' money. The integrity of my property is evident, I invite you to a personal, internal tour. 1 understand that under certain conditions any city has the right to request a"nuisance" or detrimental property be removed by the procedure of "abatement". The city can still exercise their code enforcement rights. However, I am proud of my building and it doesn't fit that category. Would the city ever require a building to be tom down because of zoning revisions? If it is not exercised, why does it exist? It is my request that the city amend or modify the ordinance. It is unfair and detrimental on several levels. It is my hope that the city looks upon , this request and comes to a fair resolution. It can only help the city needs for housing and doesn't harm the city in any way. J certainly appreciate the fact that you gave your time and attention to this matter when we spoke at the Mizell Center. Thank you very much. 1 look forward to a satisfactory outcome of this issue. Sincerely, Jeanne A. Burke CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 09, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 03-04 This Meeting to Date Excused Absences Jon Shoenberger, Chair X 1 0 Dianne Marantz, Vice Chair X 1 0 Mark Matthews X 1 0 Jerry Grence X 1 0 Tracy Conrad X 1 0 Ricky Wright X 1 0 Larry Hochanadel X 1 0 STAFF PRESENT: Douglas R. Evans, Director of Planning &Zoning Alex Meyerhoff, Principal Planner Larry Mainez, Principal Planner Jing Yeo, Associate Planner Gabriel Diaz, Assistant Planner Marcus Fuller, Senior Engineer Michele Boyd, Administrative Coordinator Chairman Shoenberger called the meeting to order at 1:40 p.m. The July 09, 2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning &Zoning counter by 4:00 p.m., July 04, 2003. Page 2 of 6 Planning Commission Minutes July 09, 2003 Case 5.0951 —Application by the City of Palm Springs to amend the City's Zoning Code, Chapter 94.00, Section 94.05, Non-Conforming Uses and Structures Ordinance to provide a relief mechanism for multi-family residential uses affected by the 1973 and 1995 down-zoning (Ordinance Nos. 951 and 1513). Larry Mainez, Principal Planner, reported that the proposed amendment includes a mechanism to provide relief for specific apartments which were down-zoned by the City in 1973 and 1993. He explained that the amendment provides a Conditional Use Permit process to allow non-conforming uses to be permitted with certain restrictions, which must be reviewed and approved by the Planning Commission. Chairman Shoenberger opened the Public Hearing. There being no appearances, the Public Hearing was closed. Chairman Shoenberger summarized that the Planning Commission has reviewed and discussed at length the subject amendment at Study Sessions, clarifying that the proposed amendment arose from a situation that developed in a couple of areas where there had been down-zoning and that subsequent property improvements/rehabilitation make the down-sizing demolition of the buildings nonproductive for the City, the property owner, or the housing stock. He stated that the impetus for the amendment is to provide relief for those property owners and to save necessary, existing housing (as times have changed regarding housing needs since 1973 and 1993). M/S/C (Grence/Matthews 7-0) to approve as presented. CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 09, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 03-04 This Meeting to Date Excused Absences Jon Shoenberger, Chair X 1 0 Dianne Marantz, Vice Chair X, 1 0 Mark Matthews X 1 0 Jerry Grence X 1 0 Tracy Conrad X 1 0 Ricky Wright X 1 0 Larry Hochanadel X 1 0 STAFF PRESENT: Douglas R. Evans, Director of Planning & Zoning Alex Meyerhoff, Principal Planner Larry Mainez, Principal Planner Jing Yeo, Associate Planner Gabriel Diaz, Assistant Planner Marcus Fuller, Senior Engineer Michele Boyd, Administrative Coordinator Chairman Shoenberger called the meeting to order at 1:40 p.m. The July 09, 2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning &Zoning counter by 4:00 p.m., July 04, 2003. �13 Page 4 of 5 Planning Commission Minutes July 09, 2003 Case 5.0953 —Application for a text amendment to amend the Palm Springs Zoning Ordinance, in regard to Section 93.20.04 (Prohibited Signs), Section 93.20.09 (Permitted Signs - Downtown/Uptown)and Section 93.20.10(Signs-General Provisions),to allow creative live theater signs in the historic Central Business District (CBD) zone and City owned historic properties and to allow outdoor display of limited merchandise in the Uptown C-1 Retail Business Zoning District and CBD Central Business District Zones. Continued from the June 25, 2004 meeting. Commissioner Grence abstained due to a conflict of interest as he has a business interest in the downtown district and he left the meeting. Director reported that staff withdraw in its entirety the previously proposed section regarding prohibited signs and signs in uptown and downtown and associated general provisions. He reported that, if the previously reviewed amendment becomes an issue in future, staff will reschedule for Planning Commission review at that time. Larry Mainez, Principal Planner, reported that,at its Study Session, Planning Commission indicated that it is acceptable and appropriate to add that the display of fine apparel to merchandise is allowed and to limit mannequin displays to torso-type displays only. He clarified that there are areas where items will be limited to three and areas where only one item will be allowed (due to square footage and right-of-way specifics). He stated that the display of three items would be processed through the minor Architectural Approval process. Chairman Shoenberger opened the public hearing. There being no appearance,the public hearing was closed. Chairman Shoenberger commented that any merchandise displayed outdoors should be limited and tasteful. He asked if staff is comfortable regarding the enforcement of potential abuses and possibly rescinding the Ordinance amendment. Director reported that enforcement action would go through Community Preservation Officers first and then, if flagrant abuse continues, then City Council could initiate recision. He stated that staff will work closely with Uptown merchants. He stated that staff would be concerned if products are displayed immediately out on curb and that the 300-400 block may have an educational period. He stated that successful enforcement will necessitate a significant labor investment during the learning process. He reported that Jerry Ogburn, Downtown Development Director, Mainstreet, and Uptown District all support the proposed amendments. M/S/C (Conrad/Marantz 6-0, 1 abstention) to approve as presented. Director confirmed that both Commissioner Matthews and Commissioner Wright reported that they reviewed the tape of the previous meeting when this issue was discussed and Commissioner Hochanadel reported that he attended that June 25, 2003 meeting. Commissioner Hochanadel ,urged that only fine apparel (not t-shirts) be specified in the amendment. RECEIVED J U L - 2 2003 - - PLANNING DIVISION THE UPTOWN HERITAGE GALLERIES AND ANTIQUE DISTRICT MERCHANTS ASSOCIATION 07-01-2003 Doug Evans Director of Planning and Zoning City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Evans, I would like to clarify our association's understanding of the proposed amendment to allow outdoor display of merchandise in the C1 zoning district. All stores within the accepted definition of THE UPTOWN HERITAGE GALLERIES AND ANTIQUE DISTRICT (North Palm Canyon Redevelopment Project Area) are to be allowed three items displayed in front of the primary use. We believe that the amendment apply to ALL store types, gallery, antique, furniture and clothing. The purpose of the amendment is to create awareness with the vehicular and pedestrian traffic that the retail community along North Palm Canyon Drive is thriving and OPEN FOR BUSINESS. We respectfully ask that you approve the amendment as written to include all merchants within the area of discussion. Sincerely, (1AW wu0*, Tony Larcombe Director The Uptown Heritage Galleries and Antique District Merchants Association TL/Ih VJkLM Sp CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING r a • r`0•rosard� • cIL1FOVL INITIAL STUDY 1. Case No: 5.0951 Project title: Non-Conforming Ordinance Amendment(Pahn Spring Zoning Code, Chapter 94.00, Section 94.05) 2. Lead agency name and address: City of Palm Springs 3200 E. Talrquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Douglas R. Evans,Director of Planning and Zoning Tel: (760) 323-8245, or Lawrence A. Mainez,Principal Planner Tel: (760) 323-8245 4. Project location: Parcel's related to the 1973 Ordinance No. 951 and 1995 Ordinance No. 1513,generally in the area north of Vista Chino, east of North Sunrise Way, north of Las Vega Road, and west of North Indian Canyon Drive. 5. Project sponsor's name and address: City of Pahn Springs 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 City of Palm springs Initial study 1 6. Description of project: (Describe the whole action involved,including but not limited to later phases of the project, and any secondary, support,or off-site features necessary for its implementation.Attach additional sheets if necessary.) A request by the City of Palm Springs to amend the City's Zoning Code,Chapter 94.00,Section 94.05,Non-Conforming Ordinance,to provide a relief mechanism for multi-family residential uses and a transient type use (hotel) affected by the City's 1973 & 1995 down-zoning in the project area from multi-family to single family residential designation (R-1-C)(Ordinance No. 951&Ordinance No.1513). Recognizing that certain non-conformities create a greater degree of incompatibility and negative environmental impact than others, the proposed ordinance amendment provides that certain non-conformities may be continued indefinitely, subject to certain conditions, whereas certain other non-conformities shall be abated if not made conforming or reasonably conforming within specified periods of time. PURPOSE: It is the purpose of this zoning ordinance amendment to provide regulations for the reasonable continuance, modification, and termination of non-conformities in order to promote compatibility of uses, improve environmental quality, and protect the public health, safety & general welfare. Any non-conformity that has not been abated when required or otherwise fails to comply with the provisions of this ordinance will continue to be a nuisance. PROPOSED ZONING ORDINANCE CHANGES: The following is a summary of refinements proposed for the City's Zoning Code,Chapter 94.00, Section 94.05, Non-conforming Uses and Structures Ordinance: 1) Section 94.05.042, termination of non-conforming use,to include a provision referencing the revised extension of time section (Section 94.05.07); 2) Section 94.05.07, extension of time, expanded to include provisions to allow legal non-conforming apartment uses and a hotel use affected by the 1973 and 1995 down-zoning(Ordinance No. 951, and Ordinance 1513)to continue indefinitely as a conditionally permitted use subject to certain conditions; 3)Section 94.05.08,public nuisance, to include a provision exempting multi-family residential uses and structures and a hotel use, as defined in Section 94.05.07 above,with an approved Conditional Use Permit. 7. Present Land Use: R-1-C 8. General Plan designation: L6 9. Zoning: R-I-C, R-1-1) Proposed General Plan designation: N/A Proposed Zoning: N/A 10. Is the proposed action a"project"as defined by CEQA? (See Section 2.6 of State CEQA Guidelines. If more than one project is present in the same Yes NNo El area, cumulative impact should be considered) 11. If"yes" above, does the project fall into any of the Emergency Projects yes 01No N listed in Section 15269 of the State CEQA Guidelines? 12. If"no"on 10,does the project fall under any of the Ministerial Acts listed yes 0No N in Section 15268(b) of the State CEQA Guidelines? 13. If"no"on 11,does the project fall under any of the Statutory Exemptions Yes E]No N listed in Article 18 of the State CEQA Guidelines? City of Palm Springs Tnitial Study 2 ��' 14, If "no" on 12., does the project qualify for one of the Categorical Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is a reasonable probability that the activity will have a significant Yes E]No N effect due to special circumstances, a categorical exemption does not apply). 15. Surrounding land uses and setting(briefly describe the project's surroundings): North: (1973 area)-Desert Ilighland Park,and vacant land (1995 area) -Single-family residential neighborhood South: ,(1973 area) -Vacant land and self storage facility (1995 area)-Shopping center and vacant land East: (1973 area)-Vacant land (1995 area) -Single-family residential neighborhood West: (1973 area) -Single-family residential neighborhood (1995 area) -Shopping center, single family residential neighborhood, and vacant land 16, Surrounding General Plan and Zoning: North: (1973 area) -PR/CDL6 and O/R-1-C (1995 area) -L4 and R-1-C South: (1973 area) -GCIM15 (1995 area) -CSC/$usiness/Industrial and CSC/Open Space/M-1-P East: (1973 area) -GC and C-1 (1995 area) -L4 and N-R-1-C/R-1-C West: (1973 area) -L4 and R-1-D (1995 area) -NCC/M15/L4/CDL6 and C-D-N/PD215/N-0-5/PD115(0-5) 17. Is the proposed project consistent with(i£answered"yes"or"n/a",no explanation is required): City of Pahn Springs General Plan Yes N No ❑ N/A❑ Applicable Specific Plan Yes ❑ No ❑ N/A N City of Palm Springs Zoning Ordinance Yes ❑ No N/A N South Coast Air Quality Management Plan Yes ❑ No 11 N/A N Airport Part 150 Noise Study Yes ❑ No ❑ N/A N Draft Section 14 Master Development Plan Yes 0 No ❑ N/A N City of Palm Springs Initial Study 3 vri �� 18, Are any of the following studies required? Soils Report Yes ❑ No Slope Study Yes ❑ No Geotechnical Report Yes ❑ No Traffic Study Yes ❑ No Air Quality Study Yes ❑ No Hydrology Yes ❑ No Sewer Study Yes ❑ No Biological Study Yes ❑ No Noise Study Yes ❑ No Hazardous Materials Study Yes ❑ No Z Housing Analysis Yes El No Archaeological Report Yes El No Groundwater Analysis Yes El No Water Quality Report Yes ❑ No Other Yes El No 19. Other public agencies whose approval is required(e.g.,permits, financing approval, or participation agreement.) N/A 20. Incorporated herein by reference is the Final Environmental impact Report on the General Plan Update, and 1993 Housing Element and Draft 2003 Housing Element. City of Palm Springs luitiat Study 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards &Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact L AESTHETICS Would the project: a)Have a substantial adverse effect on a scenic ❑ ❑ vista? b)Substantially damage scenic resources, including, but not limited to,trees,rock ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? City of Palm Springs Initial Study 5 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation I.: (a, b, c, & d)No Impact. The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973&1995 down-zoning in the project area. A windshield survey ofthe project area revealed that most of the existing non-conforming multi- family structures are single story on flat land, therefore, may not impact scenic vistas or resources. As non-conforming multi-family uses apply for reliefthrough a condition use permit entitlement,they will be evaluated on a case by case basis for impacts on City designated scenic corridors, visual character, lighting and impacts on its surroundings. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. 11 AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997) prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a) Convert Prime Farmland,Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared ❑ pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for agricultural ❑ use, or a Williamson Act contract? c)Involve other changes in the existing environment which,due to their location or nature,could result in conversion of Farmland, to non-agricultural use? City of Pain Springs Initial Study 6 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation II: (a,b, & c)No Impact. The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. No agriculture lands occur either within or adjacent to the project area. There are therefore no Williamson Act contracts or other existing zoning regulations which could conflict with the proposed project. Mitigation Measures: Since no significant impacts were identified;no mitigation measures are required. III AIR QUALM Where available,the significance criteria established by the applicable air quality management or,air pollution control district maybe relied upon to make the following determinations.Would the project: a) Conflict with or obstruct implementation of ❑ ❑ ❑ the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality ❑ ❑ ❑ standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant concentrations? e)Create objectionable odors affecting a ❑ ❑ ❑ ®' substantial number of people? City ofPahn Springs Initial Study 7 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation III: (a,b,c, d, &e)No Impact. The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore,no significant air quality impacts or conflict and violation of regional air quality plans and standards are expected. The project will assist in preserving existing housing stock and therefore eliminate emissions caused by demolition and the transport of debris to landfills or local material recovery facilities which could impact surrounding residential uses. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. IV.BIOLOGICAL RESOURCES Would the project: a)Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans, ❑ ❑ ❑ El policies, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ❑ ❑ ❑ policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited ❑ ❑ ❑ to,marsh,vernal pool,coastal, etc,)through direct removal,filling,hydrological interruption, or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? CiTy of Palm Springs Initial Study 8 W&3 .f Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact e)Conflict with any local policies or ordinances protecting biological resources,such as a tree ❑ ❑ ❑ preservation policy or ordinance? 1)Conflict with the provisions of an adopted- Habitat Conservation Plan,Natural Community ❑ ❑ Conservation Plan, or other approved local, regional,or state habitat conservation plan? Explanation IV: (a,b, c, d, e, & t)No Impact: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to biologically sensitive areas are expected. On-site vegetation at the project properties are limited to landscaping. The project area is in an urbanized area, and bounded by residential and commercial type uses, and a network of local roadways. The project is not expected to interfere with the movement of any wildlife species. No riparian habitat or wetlands occur on the project properties. The project will not conflict with any local ordinances protecting biological resources. No adopted habitat conservation plans or natural community conservation plans govern the project area. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the. significance of a historical resource as defined ❑ ❑ ❑ in§15064.5? b)Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursuant to§15064.5? c)Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ geologic feature? d)Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? City of Palm Springs hutial Study 9 �r•/ � i Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation V: (a,b, c,& d)No Impacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to archaeological and cultural resources are expected. Any existing cultural resources present on the project properties would have likely been disturbed by site preparation, including,brushing, clearing,and excavation prior to the construction of the existing structures and paved areas Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. VL GEOLOGY AND SOILS Would the project: a)Expose people or structures to potential substantial adverse effects,including the risk of ❑ ❑ ❑ loss,injury, or death involving: i)Rupture of a known earthquake fault,as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure,including ❑ ❑ ❑ liquefaction? iv)Landslides? ❑ ❑ ❑ b)Result in substantial soil erosion or the loss ❑ ❑ ❑ 31 of topsoil? c)Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on- ❑ ❑ ❑ 29 or off-site landslide,lateral spreading, subsidence, liquefaction or collapse? d)Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ El (1994), creating substantial risks to life or property? City of Patin Springs Initial study 10 �� Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact e)Have soils incapable of adequately supporting the use of septic tanks or alternative waste water ❑ ❑ ❑ disposal systems where sewers are not available for the disposal of waste water? Explanation VI: (a,b, c, d, & e)No Impacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to geology and soils are expected. Although the region and the project area, are subject to moderate to severe ground shaking, project structures were built to industries standards and will be evaluated as part of the non-conformity review process. There are no hillsides in close proximity to the project area, therefore no landslide risks have been identified. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. VIL HAZARDS AND HAZARDOUS MATERIALS Would the project: a)Create a significant hazard to the public or the environment through the routine transport, ❑ ❑ ❑ use, or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, ❑ ❑ ❑ substances, or waste within one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 ❑ ❑ ❑ El and, as a result,would it create a significant hazard to the public or the environment? City of Palm Springs Initial Study 11 Less Than Potentially Significant with Less Than -Significant Mitigation Significant No Impact Incorporation Impact Impact e)For a project located within an airport laud use plan or, where such a plan has not been adopted,within two miles of a public airport or ❑ ❑ ❑ public use airport,would the project result in a safety hazard for people residing or working in the project area? f)For a project within the vicinity of a private airstrip,would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the project area? g)Impair implementation of or physically interfere with an adopted emergency response ❑ ❑ ❑ plan or emergency evacuation'plan? h)Expose people or structures to a significant risk of loss, injury or death involving wildland fires,including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Explanation VII: (a,b, c, d, e,f, g&h)No Impacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, not create a hazard to the public or environment. The subject area is not included on a list of hazardous materials site complied pursuant to Government Code Section 65962.5, nor is the area known to have previously been a hazardous materials site. The Palm Springs International Airport which is located contiguous to the 1995 project area,is a former military base, and as such is included in the Department of Toxic Substances'Hazardous Waste and Substance Site List. Constituents of potential concern at the site are petroleumhydrocardons,solvents,andmetals(DTSC list,http:lhwwv.dtsc.ca.gov accessed December 5, 2002). However,neither project area is located within the airport property-or Airport Master Plan. The project site is not located in the vicinity of a private airstrip. The project will not interfere with an adopted emergency response plan. Given its sparse vegetation and location within an urbanized portion of the City,the potential for wildland fires to occur on-site is considered low to none. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. City of Palm Springs Initial Study 12 7 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact VIlL HYDROLOGY AND WATER QUALITY Would the project: a)Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production ❑ rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a ❑ El ❑ manner which would result in substantial erosion or siltation on-or off-site? d)Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river, or ❑ substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide ❑ ❑ ❑ substantial additional sources of polluted runoff? 1)Otherwise substantially degrade water ❑ ❑ ❑ quality? g)Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard ❑ Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h)Place within,a 100-year flood hazard area structures which would impede or redirect flood ❑ ❑ flows? City ofPaha Springs Initial Study 13 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact i)Expose people or structures to a significant risk of loss,injury or death involving flooding, ❑ ❑ ❑ including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? ❑ ❑ Ll Explanation VIII: (a,b, c, d, e,f, g,h, &i)No Impact: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing"multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to hydrology or water quality are expected. Flood control facilities in the project area are the responsibility of Riverside County Flood Control and Water.Conservation District, Coachella Valley Water District(CV WD) and the City of Pahn Springs. Storm water runoff in the project area is conveyed and channeled through concrete lined and open channel flood control facilities, eventually discharging into Whitewater River Channel. The project area is located in an area designated by the Federal Emergency Management Agency(FEMA)as Zone C, or an area considered to have"minimal"flooding potential (expected to flood in storms greater that a 500-year event). Desert Water Agency (DWA) provides domestic water service to the project area. Water lines currently exist throughout the area and service existing development. The project area is not located in an area subject to tsunami, mudflow or seiche. No new housing is proposed as part of the project. Mitigation Measuresrt Since no significant impacts were identified,no mitigation measures are required. IX LAND USE AND PLANNING Would the project: a)Physically divide an established community? ❑ ❑ ❑ b)Conflict with any applicable land use plan, policy,or regulation of an agency with jurisdiction'over the project(including,but not limited to the general plan,specific plan,local ❑ ❑ ❑ coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ conservation plan? City of Palm Springs Initial Study 14 �� Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation IX: (a,b, & c)No Impacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing"multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts on land use and planning are expected. Recognizing that certain non-conformities create a greater degree of incompatibility and negative environmental impact than others, the proposed ordinance amendment provides that certain non-conformities may be continued indefinitely,subject to certain conditions,whereas certain other non-conformities shall be abated if not made conforming or reasonably conforming within specified periods oftime. The project does not include amending existing General Plan and Zoning designations. However, it is the purpose of this zoning ordinance amendment to provide regulations for the reasonable continuance, modification, and termination of non-conformities in order to promote compatibility of uses, improve environmental quality, and protect the public health, safety & general welfare. Palm Springs Zoning Code, Section 94.05.07,extension of time,will be expanded to include provisions to allow legal non-conforming apartment uses affected by the 1973 and 1995 down-zoning(Ordinance No. 951,and Ordinance T�d6xt „A o 1513)to continue as a conditionally permitted use witlrfel, 4io4ateL ix/vr�1 l fl=- -5-fears. Any non-conformity that has not been abated when required or otherwise fails to comply with the provisions of this ordinance will continue to be a nuisance. The Zoning Amendment is proposed for the following reasons: 1)to maintain housing stock in accordance with the City's General Plan (1993 Land Use Element Policies 3.1.1,&3,3.7)(1993 Housing Element Policies(2003 Draft Housing Element Policies 4.6.2, 4.6.3,4.6.6, and 4.7.4) and since development of replacement units would be expensive; 2)ease in monitoring non-conforming residential uses; 3)to eliminate obstacle for apartmenfowners to refinance or get traditional loans; 4) to promote marketability; and 5) to promote continued reinvestment into structures whereby promoting neighborhood pride within the apartments, as well as, surrounding neighborhoods. Despite the relatively affordable housing stock in the City,there is an inadequate supply of affordable housing for very low-income and large families. Multi-family housing is the primary source of affordable housing in most communities and the project amendment will help to preserve this source of housing stock in the City. The project area is not in an area subject to any habitat conservation plan or natural communities conservation plan. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. City of Palm Springs Initial Study 15 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact X.NIMRAL RESOURCES Would the project: a)Result in the loss of availability of a known mineral resource that would be of value to the ❑ ❑ ❑ z region and the residents of the state? b)Result in the loss of availability of a locally- important mineral resource recovery site ❑ ❑ ❑ delineated on a local general plan,specific plan or other land use plan? Explanation X: (a,&b)No Impact: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to mineral resources are expected. A portion of the 1973 project area is located within the MZ2 State Mineral Resources designation. However, since no new construction is proposed as part of the project,the project will not impact mineral resources. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XL NOISE Would the project result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ local general plan or noise ordinance, or applicable standards of other agencies? b)Exposure of persons to or generation of excessive groundborne vibration or groundborne ❑ ❑ ❑ noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ 19 existing without the project? d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ ❑ ❑ above levels existing without the project? City of Palm Springs Initial Study 16 �- Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact e)For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or 0 ❑ public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Explanation XI: (a,b, c, d, e, &Q No Impacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down.-zoning in the project area. Therefore, no impacts associated with noise are expected. The primary sources of noise in the project areas are the City's roadways and the 'Palm Springs International Airport. The Airport is located south of the 1995 project area and currently experiences noise from occasional aircraft overflights. According to the Airport Master Plan Update Initial Study dated April 2003, a comparison was made of the existing 2000/2001 noise contours with those of the then forecasted 1999 noise condition, as described in the F.A.R Part 150 Study. The comparison shows that the 65 CNEL noise contour of the existing condition (2000/01)is slightly smaller,in terms of total area,than that forecasted for 1999 (640 acres compared with 803 acres). That decrease is largely due to two factors: an improvement in the FAA approved noise model and a further decline in the number of noisier Stage II business jet aircraft in the fleet mix. Noise generated by existing multi-family properties applicable to the proposed non-conforming ordinance will be evaluated on a case by case bases and applicable noise mitigation measures applied as needed. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. City of Palm Springs Initial Study .. 17 % Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact X11.POPULATION AND HOUSING Would the project: a)Induce substantial population growth in an area,either directly(for example,by proposing . new homes and businesses)or indirectly(for ❑ ❑ ❑ example,through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing,necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? c)Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? Explanation XIL (a, b, & c)No Impacts:The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing"multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to population and housing are expected. As stated above under Section IX, Land Use and Planning, the proposed project includes a mechanism to preserve existing non-conforming multi-family uses located in the project areas under certain conditions. Therefore,the project will not necessitate growth nor will it displace housing or people in the City. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XIIIL PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ El Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ City of Palm Springs Initial Shady 18 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact bnpact Explanation XIII: (a)No Impacts: The project is an amendment to the City's Non-confomring ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to public services are expected. Since no new construction is proposed as part of the project, the demands on public services fromthe existing multi-family units in the project area have already been planned for in the City's General Plan. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XIV.RECREATION: a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ❑ ❑ ❑ physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities or require the construction or expansion of ❑ ❑ ❑ recreational facilities which might have an adverse physical effect on the environment? City of Palm Springs Initial Study 19 03Y Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation XIV: (a)No IMpacts: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to recreational facilities are expected. In the City of Palm Springs,there are approximately 140 acres of City-owned and developed park land. Utilizing the 2000 census population of 42,807 full-time residents,the current ratio or developed park land per 1,000 residents is 3.27 acres per 1,000 people. The City of Palm Springs owns and maintains recreational facilities that are most likely used by existing residents in the project areas;Desert Highland Park and Victoria Park are the closest to the project areas, with the potential future park acreage proposed by the Palm Springs Country Club residential project(7 acres of park land north of the Palm Springs Country Club golf course). The Mount San Jacinto State Park and Joshua Tree National Park are located to the west and north of the City limits. Additionally,the privately owned Palm Springs Country Club and golf course is located nearby to both project areas. While existing project residents are currently using public recreational facilities, the project will not result in a substantial increase in the use of existing parks. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XV. TRANSPORTATION/TRAFFIC Would the project: a)Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system(i.e.,result in a ❑ substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b)Exceed,either individually or cumulatively, a level of service standard established by the Z county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ change in location that results in substantial safety risks? City of Palm Springs Initial Study 20 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact d)Substantially increase hazards due to a design feature(e.g.,sharp curves or dangerous ❑ ❑ ❑ intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? ❑ ❑ ❑ f)Result in inadequate parking capacity? ❑ ❑ ❑ g)Conflict with adopted policies,plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g.,bus turnouts,bicycle racks)? Explanation XV: The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to traffic/circulation are expected. (a,b,&c)No Impact: The project will not increase existing traffic load and capacity of the street system, nor exceed either individually or cumulatively the level of service standards established in the county congestion management plan due to the fact that units in the project area are existing. The existing development and associated traffic volumes in the subject area are included in the future traffic projections in the City's Circulation Plan. The project would not result in any change in air traffic patterns. (d,e,f&g)No Impact: The project will not increase hazards due to a design feature,or impact emergency access or parking capacity. Existing multi-family projects applicable to the proposed ordinance will be evaluated to reduce any potential hazards,access,and parking. The Project would not be in conflict with any adopted policies,plans,or programs that support alternative transportation. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. YO City of Patin Sprinp Initial Study 21 Less Than Potentially Significant with Iess Than Significant Mitigation Significant No Impact Incorporation Impact Impact XVL UTILITIES AND SERVICE SYSTEMS Would the project: a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board? b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction ❑ ❑ ❑ of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ existing facilities,the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ❑ resources, or are new,or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve ❑ ❑ ❑ the projects projected demand in addition to the provider's existing commitments? 1)Be served by a landfill with sufficient permitted capacity to accommodate the projects ❑ ❑ ❑ solid waste disposal needs? g)Comply with federal, state,and local statutes ❑ ❑ ❑ and regulations related to solid waste? �37 City ofPahn Springs Initial Study 22 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation XVI: (a,b, c, d, e, f, &g)No Impact: The project is an amendment to the City's Nan-conforming ordinance to provide a relief mechanism for "existing" multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Therefore, no impacts to public services are expected. Since no new construction is proposed, and the demands on utilities and service systems from the existing multi-family units in the project area have already been planned for by the City of Palm Springs, Coachella Valley Water District,Desert Water Agency,and Riverside County Environmental Health Services,no impacts on waste water treatment, water consumption, storm water drainage, and solid waste disposal services are expected. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XVrL,MANDATORY FINDINGS OF SIGNIFICANCE a)Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a ❑ ❑ ❑ plant or animal community,reduce the number or restrict the range of a'rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have impacts that are individually limited,but cumulatively considerable?("Curnulatively considerable"means that the incremental effects ❑ ❑ ❑ of a project are considerable when viewed in connection with the effects of past projects,the effects of other currentprojects, and the effects of probable future projects)? c)Does the project have environmental effects which will cause substantial adverse effects on ❑ ❑ ❑ human beings, either directly or indirectly? City of Palm Springs Initial Study 23 �� Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation XVII (a, b,& c) The project is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for "existing"multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the project area. Implementation of the project will not have an impact on the biological or historical impacts,which would degrade the quality of the environment. It is the purpose ofthe subject zoning ordinance amendment to provide regulations for the reasonable continuance,modification,andtennination ofnon-conformities in order to promote compatibility of uses, improve environmental quality,and protect the public health, safety & general welfare. Palm Springs Zoning Code, Section 94.05.07, extension of time, will be expanded to include provisions to allow approximately 92 legal non-confonning apartment units affected by the 1973 and 1995 down-zoning (Ordinance No. 951, and Ordinance 1513) to continue as a conditionally permitted use with follow-up review no later than 35 years. Any non-conformity that has not been abated when required or otherwise fails to comply with the provisions of the ordinance will continue to be a nuisance and required to be abated in accordance with the existing ordinance provisions. Mitigation Measures: Since no significant impacts were identified,no mitigation measures are required. XVIII. LISTED BELOW ARE THE PERSON(S)WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY: Douglas R. Evans,Palm Springs Director of Planning and Zoning Lawrence A. Mainz,Pahn Springs Principal Planner Dave Alshire, City Attorney Tiffany Israel,Assistant City Attorney City of Palm Springs Initial Study 24 r1,9 Less Than Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact DETERNIINATION On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment,and, a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, ❑ there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact"or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been ❑ adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets,An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a)have been analyzed adequately in an earlier EIR ❑ or NEGATIVE DECLARATION pursuant to applicable standards,and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. 3 Signature Date Sources: Palm Springs Zoning Code 2000 Palm Springs General Plan and EIR 1993 Palm Springs Housing Element 1993 and"draft"2003 Palm Springs Ordinance 951 and 1513 city of Palm Springs initial Study 25 Initial Study Addendum Case No: 5.0951 Project title: Non-Conforming Ordinance Amendment (Palm Spring Zoning Code, Chapter 94.00, Section 94.05) Addendum: The attached changes to page 15 (Explanation IX- Land Use and Planning) of the subject Initial Study posted for public comment on June 19, 2003, was made to clarify the intent of the proposed legislation for "indefinite use" with the approval of a conditional use permit. Attachment: Page 15 - Explanation Section IX- Land Use and Planning Less Than Potentially Significant with Less Than - Significant Mitigation Significant No Impact Incorporation Impact Impact Explanation IX: (a,b,& c)No Impacts: The proj ect is an amendment to the City's Non-conforming ordinance to provide a relief mechanism for"existing"multi-family residential uses and a hotel use affected by the City's 1973 & 1995 down-zoning in the proj ect area. Therefore, no impacts on land use and planning are expected. Recognizing that certain non-conformities create a greater degree of incompatibility and negative environmental impact than others, the proposed ordinance amendment provides that certain non-conformities may be continued indefinitely,subj ect to certain conditions,whereas certain othernon-conformities shall be abated if not made conforming or reasonably conforming within specified periods of time. The project does not include amending existing General Plan and Zoning designations. However,it is the purpose of this zoning ordinance amendment to provide regulations for the reasonable continuance, modification, and termination of non-conformities in order to promote compatibility of uses, improve environmental quality, and protect the public health, safety&general welfare. Palm Springs Zoning Code,Section 94.05.07, extension of time, will be expanded to include provisions to allow legal non- conforming apartment uses affected by the 1973 and 1995 down-zoning (Ordinance No. 951, and Ordinance 1513) to continue ;i (leuutely as a conditionally permitted use with followmap ieview no late, H=Ji guars. Any non-conformity that has not been abated when required or otherwise fails to comply with the provisions of this ordinance will continue to be a nuisance. The Zoning Amendment is proposed forthe followingreasons:1)to maintain housing stock in accordance with the City's General Plan (1993 Land Use Element Policies 3.1.1, & 3.3.7)(1993 Housing Element Policies (2003 Draft Housing Element Policies 4.6.2, 4.6.3, 4.6.6, and 4.7.4) and since development of replacement units would be expensive; 2) ease in monitoring non-conforming residential uses; 3)to eliminate obstacle for apartment owners to refinance or get traditional loans; 4) to promote marketability; and 5) to promote continued reinvestment into structures whereby promoting neighborhood pride within the apartments, as well as, surrounding neighborhoods. Despite the relatively affordable housing stock in the City,there is an inadequate supply of affordable housing for very low-income and large families. Multi-family housing is the primary source of affordable housing in most communities and the project amendment will help to preserve this source of housing stock in the City. The project area is not in an area subject to any habitat conservation plan or natural communities conservation plan. Mitigation Measures: Since no significant impacts were identified, no mitigation measures are required. City of Palm Springs Initial study 15 REVISIONS TO TEXT OF NON-CONFORMING ORDINANCE (PSZC SECTIONS 94.05.00 - 94.05.09) 94.05.00 Nonconformance--Definitions. "Nonconforming building"means a structure or portion thereof lawfully existing atone time, but which does not conform to the zone in which it is located due to late adopted height, area or dimension regulations. "Nonconforming lot" means a parcel of land having less area, frontage or dimensions than required in the zone in which it is located. "Nonconforming use" means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. (Ord. 1294 (part), 1988) 94.05.01 Nonconforming lots, buildings and uses--General provisions. A. Property in the city of Palm Springs shall not be used for any purposes except those permitted in the land use district (zone) to which the property has been classified in accordance with the Zoning Code. B.This chapteris established to maintain the orderly development of the cityof Palm Springs and to protect the general welfare of persons and propertyfrom nonconforming lots, buildings and uses. In conformance with good planning and zoning practices, it is the policy of the city to abate nonconformities as soon as economically feasible and equitable to do so except as noted below. (Ord. 1294 (part), 1988) 94.05.02 Nonconforming lots. A.All uses permitted in the land use district(zone)shall be permitted on nonconforming lots in the district, subject to all other provisions of the zone district. B. Any building or structure on a lot that is nonconforming due onlyto the minimum lot area requirements of this Zoning Code,may be enlarged, extended, reconstructed,substituted or structurally altered;provided,the ownerof such lot or parcel of land does not own,and forfive (5)years priorto application forpermit, has notowned anycontiguous propertywhich,when added to the nonconforming lots would meet the minimum lot area requirements of this Zoning Code or would lessen the nonconformity. C.When two(2)ormore contiguous nonconforming parcels or units of land which have been created priorto the adoption of the ordinancewhich makes them nonconforming are held by the same owner, and at least one (1) of such contiguous parcels is not developed with a structure forwhich a permit has been issued bythe city, then such parcels shall be merged pursuant to provisions of the subdivision ordinance. 329013 D. A notice of merger shall be filed by the city and processed in accordance with the requirements of the subdivision ordinance. (Ord. 1294 (part), 1988) 94.05.03 Nonconforming structures and buildings. A. Nonconforming buildings which do not conform to the building height,yards,setbacks,floor area ratio and minimum size of dwelling unit standards for the zone in which they are located shall be permitted to continue; provided that, anyaddition, alteration or enlargement thereto shall comply with all provisions of the zone. B.The alteration of buildings in established setback areas shall not be permitted without the prior approval of the planning commission. C.When any such nonconforming building isforany reason removed from the land, all future buildings or structures erected on such land shall conform to the provisions of the zone. D. Industrial and commercial type buildings located in a residential land use district(zone) shall be considered nonconforming. E. Nonconforming buildings and structures not otherwise provided for in this Zoning Code shall not be caused to be abated earlierthan the period established in this section, measured from the date it became nonconforming and may be continued in accordance with Section 94.05.07(A). F. Building types of construction shall be as defined in the most recent edition of the Uniform Building Code as adopted for reference by the city and shall be subject to the following amortization schedule: G. Type IV and V Structure (One-hour Construction). 1. Flats, apartments and double bungalows, thirty (30) years; 2. Other dwellings thirty-five (35) years; 3. Stores and factories, twenty-five (25) years. H. Type II and III Structures (One-hour Fire-resistive Construction): 1. Apartments, offices, hotels, residence, stores below; apartments above, forty (40) years; 2. Stores below; hotel or offices above, forty (40) years; 3. Warehouses, stores, garages, lofts, forty (40) years; 4. Factories and industrial, fifty (50) years. I. Type I Structures (Fire-resistive): 1. Apartments and residences, fifty (50) years. y 2. Office and hotels, fifty-five (55) years; 3. Theaters, sixty (60) years; 4. Industrial, forty (40) years. J.When such nonconforming building orstructure is removed from the land, atorbefore the end of the amortization period, everyfuture building and use shall be in conformitywith the provision of this Zoning Code. K.Where more than one(1)type of construction has been utilized on a parcel of land and such buildings are used as a partofthe business operation conducted on the property,the longest period oftime permitted for amortization ofanysuch building shall applyto all such buildings. L.A nonconforming building or structure shall not be moved in whole or in part to any other location on the same parcel unless such building or structure which is moved is made to conform to the regulations of the land use district (zone) in which it is located. M. Structures under construction undergoing work stoppage for longer than one hundred eighty(180)days shall be considered unsafe and nonconforming and subjectto abatement. N. Repairs and alterations may be made to a damaged nonconforming structure, or a damaged building orstructure with a nonconforming use;provided that, no structural alteration shall be made if the expense of such restoration exceeds fifty(50)percent of the replacement cost of the building or structure at the time such damage occurred. O.Any nonconforming building or structure partially destroyed,not exceeding fifty(50)percent of the replacement cost of the building orstructure, may be restored;provided, restoration is started within ninety(90)days of the date of partial destruction and diligently prosecuted to completion. P.Whenevera nonconforming building orstructure is damaged in excess offifty(50)percent of its replacement cost atthe time of damage,the repairor reconstruction of such building or structure shall conform to all the regulations of the district in which it is located and it shall be treated as a new building or structure. Q. Disputes as to the interpretation of the provisions of this section shall be heard and resolved by the planning commission;subject to appeal to the city council.(Ord. 1294(part), 1988) 94.05.04 Nonconforming uses. Notwithstanding the other provisions of this Zoning Code nonconforming uses, except nonconforming signs which are regulated bythe sign ordinance, may be continued subjectto the following conditions: A. Each nonconforming use shall be continuous and any interruption of such use for one hundred eighty(180)days shall cause the use to lapse and such use shall not be reinstated 301A YVr orfurther continued unless specifically permitted by the planning commission after hearing in accordance with Section 94.05.06. B. Any building, structure orfacility used forsuch nonconforming use shall not be added to, expanded or structurally altered or enlarged in any manner, except as required by other provisions of this Zoning Code or; in orderto bring the building and its use into conformityor; to restore to a safe condition any part of any building orstructure declared unsafe by proper city authority. C. A nonconforming use occupying a conforming building or portion thereof shall not be enlarged or extended into any other portion of such building or land area by displacing a conforming use or into premises not actually so occupied. D. Nonconforming off-street parking and loading facilities are regulated by Section 93.06.00(B)(3). E. Nothing herein shall be construed to preclude normal maintenance and repairs except as provided within this chapter. F. Any nonconforming use which does not conform to these conditions shall be subject to abatement. (Ord. 1294 (part), 1988) 94.05.041 Nonconforming use of unimproved land. A.A nonconforming use of unimproved land with only incidental accessory structures such as fences, may be continued for a period not to exceed one (1) year after notification to the propertyownerof the nonconformityof such use by procedure established and stated in this chapter. . B.Such nonconforming use of unimproved land shall not in anyway be expanded or extended either on the same or adjoining property. C. If such nonconforming use of unimproved land is discontinued, changed or altered for a period of six(6)months or more,the future use of the land shall conform with the provision of this Zoning Code. (Ord. 1294 (part), 1988) 94.05.042 Termination of nonconforming use. A.Any use which is nonconforming as provided in this chapter,shall be removed or converted 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. 0 y& C. Nothing contained in this Zoning Code shall be construed to require abatement of lawful structure enclosing a nonconforming use which can be relocated as provided in this Zoning Code. D.Any portion of nonconforming building,structure or use which is altered or changed to a conforming use shall not thereafter be used fora nonconforming use.(Ord. 1294(part), 1988) 94.05.05 Official notice. A. Upon determination that the provisions of this chapter apply to a given parcel of land, the directorof planning and zoning, or his designee shall send a notice thereof by certified mail to the owner thereof as shown on the last equalized assessment roll and shall cause such notice to be published at least once in a newspaper of general circulation. B. The notice provided for in this section shall state that the property in question is a nonconforming use,shall state the date of abatement established in Section 94.05.03(E),shall state that a hearing will be held before the planning commission, and shall state the date of such hearing. 94.05.06 Hearing. A. Within sixty(60)days afterthe issuance of the notice prescribed in Section 94.05.05,the planning commission shall hold a hearing to determine whetherthe nonconforming use should be abated or whether a time extension should be granted as provided in Section 94.05.07. B.The planning commission shall receive written and oral testimony at such hearing in regard to abatement. C.Atthe close ofthe hearing,the planning commission shall find and determine whether the nonconforming use should be abated and all facts in support thereof,whether the owner of the property can amortize his investment in the term of abatement provided herein and if not,what term of abatement should be provided. D.The decision of the planning commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by certified mail within ten (10) days after the decision is rendered. E.The decision ofthe planning commission is final unless appealed to the city council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.(Ord. 1294(part), 1988) 94.05.07 Extension of time. A.The planning commission maygrant an extension of time for abatement of nonconforming uses or structures where it finds that an unreasonable hardship would otherwise be imposed on the property owner.The planning commission shall considerthe following factors,among other, in determining whether to grant an extension of time and the length of the term: 1. The nature of the use; "a IN 2. The amount of the owner"s investment in improvements; 3. The convertibility of improvements to permitted uses; 4. The character of the neighborhood; 5.The detriment, if any,caused tothe neighborhood by continuance of the nonconforming use or structures; 6. The amount of time required to amortize the investment. B. The planning commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to, the depreciation schedule attached to the owner's latest federal income tax return if the owner wished to make the same available. C.Where the planning commission finds that a structure occupied by nonconforming use, either in its present condition or as modified,can be used for a use permitted in the land use district(zone)in question,the nonconforming use may be granted an extension sufficient to permit it to relocate at a site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two (2) years. D.An extension of time may be granted to permitthe relocation of a nonconforming building in the manner provided in this Zoning Code for nonconforming uses per Section 94.05.06. (Ord. 1294 (part), 1988). 94.05.08 Special non-conforming multi-family structures permitted as conditional uses. A. Those multi-family structure and uses and a transienttype use(hotel)which became non- conforming in 1973 or 1995 due to Ordinance No. 951and 1513 respectively, maybe 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 transientand 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; '4�7 ro 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; 1. 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 otherfactors deemed relevant and 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 forfailure to continuously meetthe conditions of approval. C. The Planning Commission afterholding a public hearing pursuantto 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. 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 94.05.10 Continuation of nonconforming uses and buildings. The nonconforming uses and buildings which exist pursuant to 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) ��9y9 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0951, Non-Conforming Uses and Structures Zoning Code amendment; and Case No. 5.0953,to allow outdoor display of limited merchandise in the uptown C- 1 retail business zoning district, applicant, City of Palm Springs,was mailed to each and every person on the attached list on the 181h day of July, 2003. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs alifornia, this 18`h day of July, 2003. PATRICIA A. SANDERS City Clerk NOTICE OF CITY COUNCIL MEETING CITY OF PALM SPRINGS Case No. 5.0951 Non-Conforming Uses and Structures Zoning Code Amendment, and Intent to Adopt a Negative Declaration, and Case No. 5.0953 To allow outdoor display of limited merchandise in the uptown C-1 retail business zoning district and CBD central business district zone. 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 special meeting of July 30, 2003. The City Council meeting begins at 7:00 p.m, in the Council Chambers at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the Hearing is to consider: 1)Case No.5.0951,a request by the City of Palm Springs to amend the City's Zoning Code, Chapter 94.00, Section 94.05, Non-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); and 2)Case No.5.0953,a request bythe City of Palm Springs and Uptown Association to amend the City's Zoning Code,Chapter 92.00,Section 92.12.00("C-1"retail business zone)and Section 92.09.00("CBD"central business districtzone),to allow outdoor display of limited merchandise in the uptown district area. Case No.5.0951: In 1973 and 1995, a number of residential parcels and one hotel facility was down-zoned from multi- family to single-family residential designations (R-1-C). As a result, a number of parcels north of Vista Chino, east of North Sunrise Way, north of Las Vega Road,and west of North Indian Canyon Drive became legal non-conforming and technically amortized by the City's Non-Conforming Ordinance. The Non-Conforming Uses and Structures Ordinance will be amended to allow legal non-conforming uses to be considered conditional permitted uses. The following is a summary of refinements proposed for the City's Zoning Code, Chapter 94.00,Section 94.05, Non-Conforming Uses and Structures Ordinance: 1)Section 94.05.042,Termination of Non-Conforming Use,to include a provision referencing the revised Extension of Time section (Section 94.05.07); 2) Section 94.05.07, Extension of Time, expanded to include provisions to allow legal non-conforming apartment uses and a hotel use affected by the 1973 and 1995 down-zoning (Ordinance No.951,and Ordinance 1513)to continue indefinitely as a conditionally permitted use; 3)Section 94.05.08, public nuisance, to include a provision exempting multi-family residential uses and structures, and a transient type use as defined in Section 94.05.07 above, with an approved Conditional Use Permit. Case No. 5.0953: Refinements are proposed to Section 92.12.00 ("CA" retail business zone) and Section 92.09.00 ("CBD"central business district zone),to allow outdoor display of limited merchandise only in the uptown district area with specific restrictions. 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. Through the preparation of an initial study for Case No. 5.0951 (Non-conforming Uses and Structures), the City of Palm Springs has determined that the Zoning Ordinance text amendment pertaining to non-conforming uses and structures will not have a significant impact on the environment, and 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. A Negative Declaration has been prepared for Case No.5.0951. A Notice of Intent to adopt a Negative Declaration was published in accordance with State law with the review period ending on July 08, 2003. In terms of Case No. 5.0953 (Outdoor Display of Merchandise), the City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to outdoor displays in the uptown area could not have an impact on the environment,and are exemptfrom the California Environmental Quality Act(CEQA) provisions, the State CEQA Guidelines (Section 15304, Class 4(e)), and the City's CEQA procedures contained in the City's CEQA Guidelines. Case No. 5.0951, Non-Conforming Uses and Structures Zoning Code text amendment and initial study, and Case No. 5.0953 and related documents are available for public review daily. Members of the public may view these documents in the Departmentof Planning and Zoning at City Hall,3200 EastTahquitz Canyon Way,Palm Springs,and submitwritten comments at or prior to the City Council Hearing. If any group challenges,the action in court,issues raised maybe 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 Lawrence A. Mainez, Principal Planner, at(760) 323-8245. Publish; The Desert Sun PATRICIA A. SANDERS 7-19-03 City Clerk MSJANE OWEN MSJEANNE BURKE �0 1301 NORTH PRIMAVERA DRIVE 2388 NORTH SUNRISE WAY#4 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 1 u P.nl A ! No.4892 NOTICE OF PLANNING COMMISSION MEETING CITY OF PALM SPRINGS Case No. 5.0951, Non-Conforming Uses and Structures Zoning Code Amendment, and Intent to Adopt a Negative Declaration PROOF OF PU13LIC2,TION Applicant City of Palm Springs (2015.5.C.C.P) NOTICE IS HEREBY GIVEN that Springs, Planning l J J 1. Commission of the list of Palm S nn s, Califor- nia, will hold a Public Hearing at its meeting of July 09, 2003.The Planning Commissiont at 2 gg li begins at e o p.m. (Public Hearings start at 2:00 p m.) m the Council Chambers m City. Hall, 3200 ' test Tahqudz Canyon Way, Palm Springs. The purpose of the Hearing Is to consider Case 5.0951, a regc7uest by the City of Palm Springs to amend the lty's Zoningg Code, Chapter 94.00, Section 9405, Non-Conforming Uses and Struc- _ tares Ordinance to provide a relief mechanism for STATE OF CALIFORNIAmulti-family residential uses and a transient type _use(hotel) affected by the 1973 and 1995 down- County of Riverside zoomg 3).(O o.1rdinance No. 951 and Ordie¢nce - .151 In 1973 and 1995,a number of residential parcels and one hotel facility was clown-zoned from multi- family to single-family residential designations IF- 1-C). As a result, a number of parcels north of Vista Chino, east of North Sunrise Way, north of Las Vega Road, and west of North Indian Canyon Drive became legal non-conforming and techni- cally amortized by the City's Non-Conforminqq Or- dinance. The Non-conforming Uses and Struc- tures Ordinance will be amended to allow legal non-conforming uses to be considered condition- al permitted uses. The following is a summary of refinements pro- I am a CitiZen Of the United States and a resident Of posed for the Cily s Zoning Code, Chapter 94 00, the County aforesaid; I am over the age of eighteen ,Section 94.06, Non-conformingg Uses and Stru.- years,and not a party to or interested in the lures Ordinance,1)Section elude 42,termination to non-conforming use,Section include a provision ref- erencing the revised extension of time section above-entitled matter.I am the principal clerk of a (Section 94.05.07); 2) Section 94.05 07, extension of time, expanded to include provisions to allow printer of the,DESERT SUN PUBLISHING legal non-conforming a artment uses and a hotel COMPANY a newspaper of general circulation, use affected edNo by the and 19 3Ordinance and 151 down-zoning t ocon- Printed and published in the cif of Palm tinue indefinitely as a conditionally perms ted use; Y Springs, 3)Section 94.05.06, public nuisance,to include a County of Riverside,and which newspaper has been prevision exempts adjudged nnewspaper multi-family residential uses and structures, and a transient type use as de- of general circulation b the fined m Section 94.05.07 above, with an ap- Superior Court of the County of Riverside,State of proved Conditional Use Permit. The Zoning Amendment is proposed for the fol-' California under the date of March 24, 1958.Case lowing reasons: 1)to maintain housing stock In NO tuber 191236;that the notice,of which the accordance with the City's General Plan,and since clever.pment of replacement units would be annexed is a printed copy(set in type not smaller expensive; 2f ease in monitorin non-conforming than non parief,has been published in each regular resiaental 4ses and hotel use, to eliminate ob- stacle far apartment and hole owners to refi- and entire issue of said newspaper and not in any nonce or get traditional loans,4) promote mar- $etablllty, enH'S1 t._promote contiti nued reinvest- supplement thereof on the following dates,to wit: meat nit. structures whereby promoting neigh- borhood pride within the apartments, as well as, surrounding neighborhoods. The City of Palm Springs, In its capacity as the June 19n' lead agency for this project, under the California Environmental Quality Act (CEQA) evaluated the --------------_----- otential environmental Impacts of the project. he n i has study,fined,through the preparation of an initial study, that the proposed Zoning ___ _ Amendment will not have a significant impact on --------------------------------_ the environment, and the initial study meets the All in the year 2003 requirements of the State of California CEQA,the State CEQA Guidelines, and the City of Palm rings' Guidelines for the Implementation of certify(or declare)under penafty of perjury that the c�QA. A Negative Declaration has been pre- foregoing is true and correct. pared. 19th Case No. 5.0951, Nan-Conforming Uses and Dated at Palm Springs, Structures Zoning Code Amendment text and ini- California this-----____day tial study and related documents are available for June public review daily. Members of the public may view these documents in the Department of Plan- of------------------------------------- 2003 nln and Zoning at City Hall, 3200 East Tahquitz Canyon Way, a , Palm Springs, and and submit written If ny on in court,issues lathe group c Heart. descr'ibei,I in gtihisua.d..aorr comments a or rior to the Plannin Commission these raised q -----""�----- in written correspondence at, or prior to he I n Signature ning Commission Hearmg. An opportunity w ll be given at said Hearing for all or persons to be heard. Qu..f.ns regarding this case mayy he directed to Lawrence A Maine., Purcip al Plan- ner, at(750) 323_8245. PLANNING COMMISSION DOUGLAS R. EVANS Director of Planning &Zoning PUB; June 19, 2003 No,5213 NOTICE OF CITY COUNCIL MEETING CITY OF PALM SPRINGS Case No, 5.0951 Nan-Conforming Uses and Structures 12 Zoning Code Amendment, and Intent to Adapt a Negative Declaration and (r'! Case No. 5.0953 ) 'fo allow outdoor display of limited merchandise in the uptown C-1 retail business zoning district and CBD central business district zone. 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 special meeting of July 30, 2003. The City Council meeting begins at 7:00 p mi in the Council Chambers at City Hall, 3200 oat Tahqurtz Canyon Way, Palm Springs. PROOF OF PUBLICATIO�T EThe purpose of the Hearing is to consider 1) Case No. 5.0951, a reqGuest by the City of Palm (20I5.5.C.C.P) Springs to amend the City's Zoning Code, Chap- 1 ter 94 00, Section 94.05, Non-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 rdinance No 951 and and 1995 down-zoning (O . Ordinance No. 1513); antl 2) Case No. 5 0953, a request by the City of Palm Springs and Uptown Association to amend the Cityy's Zonln Code, Chapter 92.00, Section 92 12.Oo ('C-�" retail business zone)and Section 92.09.00('CBD"cen- tsal business district zone), to allow outdoor dis- play or limited merchandise in the uptown district STATE OF CALIFORNIA area, County of Riverside - Case No. 3 0951: In 1973 and 1995,`a numtier of - residential parcels and one hotel facility was down-zoned from multi-family to single-family res- idential deal nations (R-1-C). As a result, a num- ber of parcels north of Vista China, east of North Sunrise Way, north of Las Vegas Road, and west of North Indian Canyon Drive became legal non- conforming and technically amortized by the City's Non-Conforming Ordinance. The Non-Con- forming Uses and Structure Ordinance will be amended to allow legal non-conforming uses to be considered condrtlanal permit uses. The fol- lowing Is a summary of refinements pproposed for the City s Zoning Cade, Chapter 94.00, Section 94.05, Non-Conforming Uses and Structuie Ordi- nance 1) Section 94.05.042,Termination of Non- I am a citizen of the United States and a resident of Conforming Use, to include a provision referenc- ng the revised Extension of Time section(Section the County aforesaid; I am over the age of eighteen 9 G5.07);2)Section 94.05.07, Extension of Time expanded o include provisions to allow legal years,and not a party to or interested in the non-conforming apartment uses and a hotel use above-entitled matter.I am the principal clerk of a affected by the 1973 and 1995 down-zonmqq (Or- durance o. 951, and Ordinance No. 1513) to printer of the,DESERT SUN PUBLISHING continue indefinitely as a conditionally permitted use; 3) Section 94.05.08, public nuisance, to In- COMPANY a newspaper of general circulation, clude a provision exempting multi-famil residen- tial uses and structures, and a transient type use printed and published in the city of Palm Springs, as defined in Section 04.05.07 above,with an ap- County of Riverside,and which newspaper has been proval Conditional Use Permit. 4 adjudged a newspaper of general circulation b the Case No. 5.0953: Refinements are proposed to 1 gg Y Section 92.12.00 "C-1" retail business zone) and Superior Court of the County of Riverside,State of Section 9209 00 ("CBD" central business district zone), to allow outdoor display of limited mer- California under the date of March 24,1988.Case chandise only in the uptown district area with Number 191236; that the notice,of which the specific restrictions. annexed is a printed co set in type The City of Palm Springs, in its capacity as the P copy( YP not smaller lead agency for this project, under the alifamia than non pariel,has been published in each regular Environmental Quality Act(CEQA) evaluated the Potential environmental Impacts of the project. and entire issue of said newspaper and not in any rhrcu h the preparation of an Initial Study for supplement thereof 0u the following dates,to w Case Nit: - - a. 5 0 951 (Non-conforming Uses and Structures), the City of Palm Springs has deter- - mined that the Zoning Ordinance text amendment pertaining to non-conforming uses and structures will not have a significant impact on the environ- ment,and the Initial study meets the requirements July 191" of the State of California CEQA, the State CEQA Guidelines, and the City of Palm Springs' Gulde- ----------------------------------------—----------------- lines for the Implementation of CEQA.A Negative Declaration has been prepared for Case No. 5.0951. A Notice of Intent to adopt a Negative _ _____ __ Declaration was published in accordance with ------------—"--------------------`-------- ----- - State law with the review period ending on July All in the year 2003 08, 2003. In terms of Case No- 5.095 (Outdoor Display of Merchandise) the City of Palm Springs I certify(or declare)under penalty of perjury that the has determinedthat the Zoning Ordinance text amendments pertaining to outdoor'displays in the foregoing is true and correct. uptown area could not have an impact on the en- 21'r vironment,and are exempt from the California En- vironmental Quality Act (CEQA) provisions, the Dated at Palm Springs,California this---------day State CEQA Guidelines (Section 15304, Class 4(%i and the City's CEQA proced contained July in Elie ures City's CEQA Guidelines. of-----------------------------------,2003 Case No. 5.0951, Nan-Conforming Uses and I Structures Zoning Code text amendment and ini- tial study,and Case No 5.0953 and related docu- ments are available for public review daily Mem- /� I bers of public may view these documents in the ,1�p Department of Planning and Zoning at City Hall, o1 _X O�i�(yJ 3200 East Tahqurtz Canyon Way, Palm Schur ------------------------------------------------^--- and submit written comments at or prior to the Signature City Council Hearing. If any group challenges the g action In court, issues raised may be limited to only those issues raised at the Public Hearing de- scribed in this notice or in written correspondence at, or prior to the City Council hearing, n an.. per- so P will be given at said Hearing for all interest- ed persons to be heard. Questions regarding this case may be directed to Lawrence A. Mamez, Principal Planner, at (760)323-8245 PATRICIA A, SANDERS r cl PROOF OF PUBLICATION This is space for County Clerks filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No.4853 NOTICE OF PLANNING COMMISSION MEETING CITY OF PALM SPRINGS Case No. 5.0953, Amendment to the Palm Springs Zoning Ortlmance: to allow live theater I am a citizen of the United States and a resident of , siggns m the nisfoir Central Business District (CBD) zone and City owned historic properties; the County aforesaid, I am over the age of eighteen and to allow outdoor display of limits mercnan- ears,and not a art t0 Or interested In the dlse in the Uptown C-1 retail business zoning dis- Y party tnc[ and CBD central business district zone. above-entitled matter.I am the principal clerk of it Applicant. City of Palm Springs printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the Planning COMPANY a newspaper of general circulation, Commission of the City of Palm Springs, Califor- rinted and published in the city of Palm Springs, nia, will hold a public hearing at its meeting of P P y June25,2003. e-Plannin Commission-rneetin County of Riverside,and which newspaper has been begins n t 1:0 p m.(cil chalmb springs ity start at 2.0o adjudged a newspaper of general circulation by the p. Tahquaz Canyon Way, Palm Springs. Superior Court of the County of Riverside,State of The No. 5 ppur.0 95ppo3: 1) a request by the City of Palm of the hearing is to consider Case California Under the date of March 24,1988.Case Springs and Mainstreet for a zoning ordinance Number 191236; that the notice,of which the text amendment in regards to Section 93.20.04 (prohibited signs), Section 93.20.09,(permitted annexed is a printed copy(set in type not smaller signs - downtown/uptown) and Section 93.20.10 (signs - general provisions), to allow creative live than non pariel,has been published in each regular neater signs in the historic CBD zone and City owned historic properties;and 2)a request by the and entire issue of said newspaper and not in any City of Palm Springs and Uptown Association for supplement thereof on the following dates,to wit: a zoning ordinance text amendment in regards to PP g Secton 92.12.00 (C-1" retail business zone) and Section 92.09.00 E"CBD" central business district zone), to allow outdoor display of limited mer- chandise in the uptown district area. .Tune 13t1i The City of Palm Springs has determined that the Zoning Ordinance text amendments pertaining to Irve theater signs, and outdoor display in the up- town area could not have an impact an the envi- ronment,and are exempt from the California Envi- __--_-_—_-------------—---—_—---------------—___ ronmental Qualrty Act (Cl provisions, the State CEQA Guidelnes (Section 15304, Class All in the year 2003 4(e), and Section 15311, Class 111, and the City's CEEOA procedures contained in thha City's CEQA I certify(or declare)under penalty of perjury that the Guidelines. foregoing is true and correct. Related documents and CEQA Notice of Exemp- 13ih tion are available for public review daily. Members of the public may view these documents In the Dated at Palm Springs,California this--------day Deppartment of Planning and Zoning City Flail, 3200 E.Tahquitz Canyon Way, Palm Springs, and June submit written comments at or prior to the Plan- of ---------------- 2003 nirig Commission hearing. If any group challenges the action in court, issues p raised may be limited to only those issues raised aa,bb"�-c� � Q__ at the public hearing cesat, or prior this notice or m ning C correspondence at, or prior to the ill be Plan- ning Commission hearing. An opportunity persons will be ggiven at said hearing for all interested persons e bir heard. Questions regarding this case may be Signature directed to Lawrence A. Mainez, Principal Planner g at (780) 323-8245. PLANNING COMMISSION DOUGLAS R. EVANS Director of Planning &Zoning LB: June 13, 2003 PROOF OF PUBLICATION This is space for County Clerk's Filing 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 - - - years,and not a party to or interested in the No.5513 CITY OF PALM SPRINGS above-entitled matter. I am the principal clerk of a SUMMARY OF ORDINANCE printer of the,DESERT SUN PUBLISIIING AN HE CITY OF PALM SPRINGS! CALIFORNIA,RDINANCE OF f AMENDING THE MU- COMPANY a newspaper of general circulation, NICIPAL CODE IN REGARDS TO NON-CON- printed and published in the city of Palm Springs, FORMING USES AND STRUCTURES. Count of Riverside,and which newspaper has been This Ordinance amends the Municipal Code of y versthe City of Palm Springs.The amendment will au- adjudged a newspaper of general circulation b the thorize the Planning Commission to allow legal J gg y non-conforming apartment uses affected by the Superior Court of the County of Riverside,State of 1973 and 1905 down-zoning (Ordinance No 951, and Ordinance 1513) to continue mdefintely with California under the date of March 24, 1988.Case the approval of a conditional use perm¢. Number 191236;that the notice,of which the A full copy is on flie in the office of the city annexed is a printed copy(set in type not smaller Clerk. than non pariel,has been published in each regular Introduction for first reading an the 30th day of July,2003. and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: A as ordinance this day of, 2003 AYES: NOES: ABSENT: August 260' ATTEST' CITY OF PALM SPRINGS -----------------------—------------—---------------------- City Clerk Mayor PUB. August 26, 2003 ----------------------------------------`----------------- All in the year 2003 - � {--- I certify(or declare)under penalty of perjury that the foregoing is true and correct. 27m Dated at Palm Springs,California this--------day of----------August------_-----_----_---- 2003 I —, sr Signature -7fl PROOF OF PUBLICATION This is space for County Clerk's Filing 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 ---------------------- years,and not a party to or interested in the Nc.5514 NGS above-entitled matter.I am the principal clerk of a SUMMARY MARY TY OF R OF ORDINALM ANCE printer of the,DESERT SUN PUBLISHING AN ORDINANCE OF THE CITY OF PALM COMPANY a newspaper of general circulation, SPRINGS, CALIFORNIA, AMENDING THE MU- printed and published in the city of Palm Springs, OUTDOOR DISPLAY E IN OF LIMITED MERCHANDISEDS TO I Count of Riverside,and which newspaper has been N THE UPTOWN C-1 RETAIL BUSINESS ZON- ING DISTRICT AND CBD CENTRAL BUSINESS adjudged a newspaper of general circulation by the DISTRICT ZONE Superior Court of the County of Riverside,State of 1C%Cl.rk lity olf palm Springe The amendment wit an- California under the date of March 24,1988.Case ze the Department of Planning and Zoning to Number 191236; that the notice,of which the ove limited outdoor display omerchandise m Uptown,business district, with restrictions annexed is a printed copy(set in type not smaller gh a minor architectural appecatlon. than non pariel,has been published in each regular ll copy is on file In the office of the City . and entire Issue of said newspaper and not In any duction'for first reading on the 3mh day of supplement thereof on the following dates,to wit: ,2003., PTED as Ordinance this day-of, 2003._._ _ S. August 26a' - — S: --------------------------------_-----_-__-------------- ENT: EST: CITY OF PALM SPRINGS -_—_---_____---____--___---_---------------------------- Clerk Mayor : August 2fi, 2003 All in the year 2003 .---- —— -- I certify(or declare)under penalty of perjury that the foregoing is true and correct. 270' Dated at Palm Springs,California this--------day oF-------Auuggustt-----------------------------2003 Signature 1 y i / DECEIVED 03SEP I8 tllil 8: 26 ltEsoHCES CITY OF PA01 SPRINGS PROOF OF PUBLICATION This is space for county Clerks Filing 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;Ism over the age of eighteen - -------- - - years,and not a art to or interested in the No.5661 Y party U OSPRINGS above-entitled matter.I nm the principal clerk of a SMARV OF ORDINANCE printer of the,DESERT SUN PUBLISHING AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFO 0 A, AMENDING THE MU- COMPANY anewspaper of general circulation, NICIPAL CODE IN REGARDS TO ALLOWING rioted and published In the city Of Palm$ rings, OUTDOOR DISPLAY I F LIMITED MERCHANDISE P P Y P O THE UPTOWN G-1 RETAIL 6U L LS ZON- County of Riverside,and which newspaper has been ING DISTRICT AND CBD CENTRAL BUSINESS DISTRICT ZONE. adjudged a newspaper of general circulation by the This Oidmance amends the Municipal Cade of Superior Court of the County of Riverside,State of the City of Palm Springs The amendment will au- thorize the Planning and Zoning to approve limit- ed outdoor display of memhanlse in the Uptown Number 191236; that the notice,of which the business district, with restrictions through a minor architectural application. annexed is a printed copy(set in type not smaller A full copy Is on file in the Office Of the City Clerk than non panel,has been published in each regular IntrodnoaOn for first reading on the 30th day of and entire issue of said newspaper and not in any duly,2003. supplement thereof On the following dates,t0 wit: ADOPTED as Ordinance No. 1633 this 3rd day of September,2003. _ AYES: Members Mills, Oc Reller-Spurgln and September l l°i NOE6 Noine'enst ABSENT. Member Hodges ATTEST. CITY OF PALM SPRINGS —---—-------------—---------------------------------- AlPatrmla A. Sanders Is/William G.Kleindienst Cittyy Clerk Mayor All in the year 2003 Pl1B: September 11, 2003 I certify(or declare)under penalty of perjury that the foregoing is true and correct. 15`k Dated at Palm Springs,California this--------day of--------September---------------------------2003 Signature RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE AMENDMENT TO THE ZONING ORDINANCE IN REGARD TO SECTION 94.05, NON- 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), CASE NO. 5.0951. WHEREAS,the Cityof Palm Springs("Applicant")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; and WHEREAS,the proposed zoning amendmentis considered a"project"pursuantto theterms of the California Environmental Quality Act("CEQA"),and an initial study has been prepared forthis project and has been distributed for public review and comment in accordance with CEQA and WHEREAS, a Notice of Intentto adopt a Negative Declaration was published in accordance with State Law with the review period ending on July 08, 2003; and WHEREAS,the Planning Commission held a public hearing to review and discuss the project/initial study on July 09, 2003; and WHEREAS,the City Council has carefully reviewed and considered all of the evidence presented in connection with the Initial Study prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section1: Pursuantto CEQA,the City Council finds thatthe Initial StudyforCase No. 5.0951, the Zoning Ordinance text amendment pertaining to non-conforming uses and structureswill not have a significant impacton the environment,and 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, and therefore adopts a Negative Declaration for the project. szoo NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders the filing of a Negative Declaration for Case No. 5.0951. ADOPTED this th day of , 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: /Jf JT olows ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE IN REGARD TO CHAPTER 94.00, SECTION 94.05, NON- 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.Any use which 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 comply with 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 not thereafter be 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 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 useshall assistthe preservation ofdecentand 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 otherfactors deemed relevant and any other information which the commission orthe applicant considers necessaryordesirable to an appropriate an proper consideration of the application. B. The Conditional Use Permit shall provide appropriate provisions for periodic review, or review bycomplaint,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 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 orany 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 day of 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED: Sb3 ORDINANCE NO. 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 onlyfor the following uses.All uses shall be subjecttothe 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 primaryline orlines of newmerchandise marketed bythe 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; 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-4 zone 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); Page 2 of 18 SF 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; Page 3 of 18 �� 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, Page 4 of 18 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 centershall not exceed two thousand five hundred(2,500)squarefeet 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; Page 5 of 18 SO4Fs"00 s. 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; 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): Page 6 of 18 sozoeo a. Art displays; b. Artisans, artists; c. Festivals, exhibits and special events; d. Florists; e. Musicians/entertainment(subject to provisions of noise ordinance); I. 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; I. Fashion shows; g. Festivals, exhibits and special events; h. Florists; i. Musicians/entertainment(subject to provisions of noise ordinance); Page 7 of IS J 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, iii. 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; Page 8 of 18 'ri 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 anyothersuch 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 complywith 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 orenlarged only for the following uses.All uses shall be subject to 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; Page 9 of 18 S 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); Page 10 of 18 � '� 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. Displayof merchandise offered forsale 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 32 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 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; Page 11 of 18 45. Restaurants,with or without outdoor dining, excluding drive-in ordrive-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 �� 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, 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; 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 facility is 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; Page 13 of 18 SF � 3 W 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 accessoryto 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; Page 14 of 18 .F 1 Y 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, Page 15 of 18 SF )r 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 orderto address potential noise concerns,all Page 16 of 18 504FIdo 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 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 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 use subjectto 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 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 day of 12003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED: &114 Page 18 of 18 .57 , 8