HomeMy WebLinkAboutZOA 00-03 COMMERCIAL USES 2000 fr e 1
l
ORDINANCE NO. 968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.16.090 (A) AND (c) OF THE MUNICIPAL CODE, AS IT
RELATES TO SETBACKS FOR GARAGES AND CARPORTS IN THE
R-1 DISTRICT; CASE NO. ZOA 00-8
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14TM day
of September, 2000, hold a duly noticed public hearing to consider amending the Palm
Desert Municipal Code, Chapter 25.16.090 (A) and (C), as it relates to setbacks for garages
and carports in the R-1 Distndt; and
WHEREAS, said application has complied with the requirements of the City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has,determined that the Zoning
Ordinance Amendment is considered a Class 5 Categorical Exemption;.and -
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find the .
1 following facts and reasons to exist to justify its action as described below:
1: That the Zoning Ordinance Amendment is consistent with the objectives of the
Zoning Ordinance,
2. That the Zoning Ordinance Amendment is consistent with the adopted General
Plan and affected specific.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare that the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
Section 1.
1. That the above recitations are true and correct and constitute the findings of the
Council in this case.
2. That ZOA 00-8 as delineated in the attached Exhibit "A" is hereby ordained.
1 �
� 1
ORDINANCE NO. 968
e
i
Section 2.
City Clerk shall certify the passage and adoption of this Ordinance and shall cause
same to be published once in the Desert Sun, a newspaper of general circulation within the
City of Palm Desert, California. It shall be in full force and effect thirty (30) days after its
adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 28th day of September, 2000, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, CRITES
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE _
BUFOR A. CRITES, MAYOR j
ATTEST:
D c RKSHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
1
� t
M
1 ;
ORDINANCE NO. 968
i
EXHIBIT"A"
Garages and Carports in the R-1 Zone.
Amend Section 25.16.090 by adding the following to Section "A."
Notwithstanding the preceding in the R-1 District, the required minimum front
setback to a garage door shall be twenty (20) feet measured from the
property line and for a side entry garage sixteen (16) feet measured from the
property line.
Amend Section 25.16.090 by adding Section"C."
In order to encourage rehabilitation of older dwelling_ units and to provide
shaded parking for vehicles, the Architectural Review. Commission: may
approve well designed carport structures with a minimum setback of twenty
I (20) feet to be measured from the curb face to the front edge of the carport
structure. Side-in carport structures may be approved to a minimum setback ,
of sixteen (16) feet measured from the curb face to.the nearest projection of
the carport.
In approving such setback, the Architectural Review Commission shall send
a notice to property owners within 300 feet of the, property and make a
determination that the reduced setback will not have a detrimental impact on
the neighborhood, taking into account the opinions of nearby property
owners and any property owners associations-
3
' Ordinance No. 943
CITY OF PALM DESERT
a DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor and City Council Q
II. REQUEST: Consideration of approval of an amendment to the Zoning
Ordinance, Chapter 25.25.014, to allow as a conditional use
ancillary commercial uses on O.P. zoned sites having land area of
two acres or more.
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 00-03
V. DATE: April 13, 2000
► EETING DATE y I
❑ CONTINUED TO
VI. CONTENTS: M-MSED TO 2ND READING y o2-1
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No. 943
D. Planning Commission Minutes involving Case No. ZOA 00-03
E. Planning Commission Resolution No. 1976
F. Planning Commission Staff Report dated March 7, 2000
G. Related maps and/or exhibits
----------------------------------------------------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. 943 to second reading.
B. DISCUSSION:
1. BACKGROUND
February 1 , 2000 Planning Commission considered a proposed new zoning
district - POP (Planned Office Park District). For a variety of reasons
commission rejected the proposed ordinance. Commission felt that the
provisions of the ordinance related to allowing ancillary commercial uses in
large office parks were not inappropriate and directed staff to return with an
amendment to the O.P. zone standards.
March 7, 2000 the Planning Commission held a public hearing. One person
(Charlie Sweet) spoke at the commission hearing and expressed support of the
CITY COUNCIL STAFF .—PORT Ordinance No. 943
CASE NO. ZOA 00-03
APRIL 13, 2000
amendment. By its Resolution No. 1976 Planning Commission recommended
approval of the amendment on a 4-0 vote (Commissioner Lopez was absent).
2. ANALYSIS
The amendment would add, as a conditional use in the O.P. district, ancillary
commercial uses on sites having an area of two acres or more.
Permitting ancillary commercial uses (such as restaurants) in large office
complexes provides necessary conveniences to office workers and thus
reduces traffic movements. This is also true of other commercial uses which
serve offices such as coffee shops and copy places.
The amendment as recommended by staff and Planning Commission will limit
ancillary commercial uses as follows:
a. Restaurant uses not exceeding 10% of the gross leasable floor area of
the office complex.
b. Other ancillary commercial uses will be limited to uses oriented to
providing convenience services to the primary office use(s).
C. Total ancillary commercial uses (restaurants included) shall not exceed
25% of gross leasable floor area in the complex.
The three above limits are all premised on the office complex having a land
area of two acres or more.
Zoning Ordinance Review Committee reviewed an earlier version of this
proposed amendment at its February 17, 2000 meeting and supported its
implementation.
3. CEO.A REVIEW
The proposed amendment is a Class 5 categorical exemption for purposes of
CEQA and no further documentation is necessary.
Prepared by: Reviewed and Approved by: iew and Concur:
S EVE SMIT PHILIP ELL AMON A. DIAZ
PLANNING MANAGER DIR. OF COMMUNITY DEVELOPMENT CITY MANAGER
/tm
2
1
" ORDINANCE NO. 943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.25.014 TO ALLOW AS A CONDITIONAL USE .
ANCILLARY COMMERCIAL USES ON O.P. ZONED SITES
HAVING A LAND AREA OF TWO ACRES OR MORE.
CASE NO. ZOA 00-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of April, 2000, hold a duly noticed public hearing to consider an amendment to the Palm
Desert Municipal Code, Chapter 25.25.014 as described above; and
WHEREAS, the Planning Commission by its Resolution No. 1976 has recommended
approval; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard; said City Council did find
the following facts and reasons to exist to justify its action as described below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That ZOA 00-03 as delineated in the attached Exhibit "A" is hereby ordained.
r,
ORDINANCE NO. 941 f
PASSED APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 27th day of April 2000, by the following vote, to wit:
AYES: BENSON, FERGUSON, BELLY, SPIEGEL, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
BUFORD A. CRITES, Mayor
ATTEST:
RACHELLE D. KLASSEN, Acting City Clerk
City of Palm Desert, California
2
ORDINANCE NO. 943
i
EXHIBIT "A"
Section 1
That Section 25.25.014 "Permitted Uses Subject To A Conditional Use Permit" bey;
amended to add the following:
"I. Ancillary commercial uses oriented to providing convenience services to
the primary office use(s) on O.P. zoned sites having a minimum land area of two (2)
acres. Restaurant uses shall not exceed 10% of the gross leasable floor area of the
office complex and total ancillary commercial uses (including restaurants) shall not
exceed 25% of gross leasable floor area of the office complex."
i
I
I '
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor and City Council,
11. REQUEST: Consideration of approval of an amendment to the Zoning
Ordinance, Chapter 25.25.014, to allow as a conditional use
ancillary commercial uses on O.P. zoned sites having land area of .
two acres or more.
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 00-03
V. DATE: April 13, 2000
VI. CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 00-03
E. Planning Commission Resolution No. 1976
F. Planning Commission Staff Report dated March 7, 2000
G. Related maps and/or exhibits
----------------------------------------------------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
1 . BACKGROUND
February 1 , 2000 Planning Commission considered a proposed new zoning
district - POP (Planned Office Park District). For a variety of reasons
commission rejected the proposed ordinance. Commission felt that the
provisions of the ordinance related to allowing ancillary commercial uses in
large office parks were not inappropriate and directed staff to return with an
amendment to the O.P. zone standards.
March 7, 2000 the Planning Commission held a public hearing. One person
(Charlie Sweet) spoke at the commission hearing and expressed support of the
ti
CITY COUNCIL STAFF RL. ORT
CASE NO. ZOA 00-03
APRIL 13, 2000
amendment. By its Resolution No. 1976 Planning Commission recommended
approval of the amendment on a 4-0 vote (Commissioner Lopez was absent).
2. ANALYSIS
The amendment would add, as a conditional use in the O.P. district, ancillary
commercial uses on sites having an area of two acres or more.
Permitting ancillary commercial uses (such as restaurants) in large office
complexes provides necessary conveniences to office workers and thus
reduces traffic movements. This is also true of other commercial uses which
serve offices such as coffee shops and copy places.
The amendment as recommended b staff and Planning Commission will limit
Y 9
ancillary commercial uses as follows:
a. Restaurant uses not exceeding 10% of the gross leasable floor area of
the office complex.
b. Other ancillary commercial uses will be limited to uses oriented to
providing convenience services to the primary office use(s).
C. Total ancillary commercial uses (restaurants included) shall not exceed
25% of gross leasable floor area in the complex.
The three above limits are all premised on the office complex having a land
area of two acres or more.
-Zoning Ordinance Review Committee reviewed an earlier version of this
proposed amendment at its February 17, 2000 meeting and supported its
implementation.
3. CEQA REVIEW
The proposed amendment is a Class 5 categorical exemption for purposes of
CEQA and no further documentation is necessary.
Prepared by: Reviewed and Approved by: Review and Concur:
`S EVE SKIT PHILIP ELL RAMON A. DIAZ
L
PLANNING MANAGER DIR. OF COMMUNITY DEVELOPMENT CITY MANAGER
/tm
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.25.014 TO ALLOW AS A CONDITIONAL USE
ANCILLARY COMMERCIAL USES ON O.P. ZONED SITES
HAVING A LAND AREA OF TWO ACRES OR MORE.
CASE NO. ZOA 00-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of April, 2000, hold a duly noticed public hearing to consider an amendment to the Palm
Desert Municipal Code, Chapter 25.25.014 as described above; and
WHEREAS, the Planning Commission by its Resolution No. 1976 has recommended
approval; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act; Resolution
No. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
i
the following facts and reasons to exist to justify its action as described below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
I
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That ZOA 00-03 as delineated in the attached Exhibit "A" is hereby ordained.
ORDINANCE NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD A. CRITES, Mayor
ATTEST:
RACHELLE D. KLASSEN, Acting City Clerk
City of Palm Desert, California
2
ORDINANCE NO.
EXHIBIT "A"
Section 1
That Section 25.25.014 "Permitted Uses Subject To A Conditional Use Permit' be
amended to add the following:
"I. Ancillary commercial uses oriented to providing convenience services to
the primary office use(s) on O.P. zoned sites having a minimum land area of two (2)
acres. Restaurant uses shall not exceed 10% of the gross leasable floor area of the
office complex and total ancillary commercial uses (including restaurants) shall not
exceed 25% of gross leasable floor area of the office complex."
3
y.
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 7, 2000
D. Case No. ZOA 00-3 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to the Zoning Ordinance,
Chapter 25.25.014, to allow as a conditional use ancillary
commercial uses on O.P. zoned sites having land area of two
acres or more.
Mr. Smith noted that on the 1st of February the commission reviewed a
proposed POP district. At that time the commission was not interested in
pursuing it, but were interested in pursuing the ancillary commercial uses in
the O.P. district. He stated that ZOA 00-3 was the result of that revision.
What they were - looking at now was specifically allowing for ancillary
commercial uses in the O.P. district on sites greater than two acres and then
refining that a little further by limiting restaurant uses to not greater than 10%,
limiting other ancillary commercial uses to those oriented to providing
convenience to the primary office uses, and limiting the ancillary commercial
uses to not more than a total of 25% of the leasable floor area. Staff took the
revision to Zoning Ordinance Review Commission (ZORC) at its meeting on the
17th of February. Staff did not present the revisions just read to the
commission to ZORC because staff didn't have them at that time. He did
present the information that Planning Commission was not interested in
proceeding with POP but did want to proceed with ancillary commercial uses
in the O.P. district and ZORC endorsed that. From a CEQA perspective, he
said this would be a Class 5 categorical exemption. He recommended that
commission recommended approval of the amendment to the City Council as
described.
Chairperson Beaty opened the public hearing and asked if anyone wished to
speak in FAVOR or OPPOSITION to the proposal.
MR. CHARLIE SWEET, 43-708 Virginia Avenue in Palm Desert, said he
thought this was a good idea for that type of land use. He asked for
clarification that 25% of the leasable area would be allowed for ancillary
uses.
Mr. Smith said that was correct, 25% of gross leasable on sites two acres or
greater.
Mr. Sweet said he was present to see how this item was acted upon by
the commission.
6
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 7, 2000
Chairperson Beaty closed the public hearing and asked for commission
comments or action.
Action:
It was moved by Commissioner Finerty, seconded by Commissioner Campbell,
approving the findings as presented by staff. Motion carried 4-0.
It was moved by Commissioner Finerty, seconded by Commissioner Campbell,
adopting Planning Commission Resolution No. 1976, recommending to City
Council approval of ZOA 00-3. Motion carried 4-0.
E. Case No. PP/CUP 97-14 - MICHAEL HOMME, Applicant
Request for approval of a conditional use permit for a 3,528
square foot restaurant in the proposed office complex at the
northeast corner of Country Club Drive and Portola Avenue (37-
001 Portola Avenue).
Mr. Smith noted that this matter was before the commission on the 1 st of
February. At that point they couldn't proceed because they didn't have an
ordinance in place that would allow them to proceed. Commission had just
taken care of the latter issue with that recommendation to council, so at this
point they were talking about the same restaurant in the same location with
the same conditions, although he wanted to add Condition No. 5 which would
read that this approval would not go into effect until and unless the ordinance
just recommended to the council became effective (ZOA 00-3). He also noted
that the commission received a letter from Mike Homme that indicated that he
couldn't be at the meeting tonight, but if there was information that the
commission needed, he would ask for a continuance. Otherwise, he was
asking the commission to proceed in his absence.
Commissioner Jonathan noted that in his letter Mr. Homme requested up to
15% restaurant use and the proposed ordinance called for 10%. Mr. Smith
said that Mr. Homme's proposal at this time was only asking for slightly less
than 10%, so staff was suggesting they stay with 10%.
Chairperson Beaty opened the public hearing and asked if anyone wished to
speak in FAVOR or OPPOSITION. There was no one and the public hearing
was closed. Chairperson Beaty asked for commission comments or action.
7
IIIV 01 1 1M OESERI
73-5L0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-O61 I
FAX: 760 341-7o98
info@palm-desea.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: March 8, 2000
City of Palm Desert
Re: ZOA 00-03
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its meeting of March 7, 2000:
PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 00-03 TO
CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1976. MOTION
CARRIED 4-0 (COMMISSIONER LOPEZ WAS ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
PHI IP DRELL R dp+
PALM DES
ER PLANNING COMMISSION
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
Mike Homme
0o P ,Pa wE<, o.ow
,a
PLANNING COMMISSION RESOLUTION NO. 1976
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER
25.25.014 TO ALLOW AS A CONDITIONAL USE ANCILLARY
COMMERCIAL USES ON O.P. ZONED SITES HAVING A LAND
AREA OF TWO ACRES OR MORE.
CASE NO. ZOA 00-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of March, 2000, hold a duly noticed public hearing to consider an amendment
to the Palm Desert Municipal Code, Chapter 25.25.014 as described above; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify its recommendation as described
below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would.better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.25.014.
�w
PLANNING COMMISSIOiu RESOLUTION NO. 1976
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 7th day of March, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, BEATY
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
PAUL R. BEATY, Chairpe son
ATTEST:
PHILIP DRELL. ecretary
Palm Desert PI nning Commission
2
.,i
PLANNING COMMISSION RESOLUTION NO. 1976
EXHIBIT "A"
Section 1
That Section 25.25.014 "Permitted Uses Subject To A Conditional Use Permit" be
amended to add the following:
"I. Ancillary commercial uses oriented to providing convenience services to
the primary office use(s) on O.P. zoned sites having a minimum land area of two (2)
acres. Restaurant uses shall not exceed 10% of the gross leasable floor area of the
office complex and total ancillary commercial uses (including restaurants) shall not
exceed 25% of gross leasable floor area of the office complex."
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: March 7, 2000
CASE NO: ZOA 00-03
- REQUEST: Approval of an amendment to the Zoning Ordinance, Chapter
25.25.014, to allow as a conditional use ancillary commercial uses on
O.P. zoned sites having land area of two acres or more.
APPLICANT: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
I. BACKGROUND:
February 1 , 2000 Planning Commission considered a proposed new zoning district -
POP (Planned Office Park District). For a variety of reasons commission rejected the
proposed ordinance. Commission felt that the provisions of the ordinance related to
allowing ancillary commercial uses in large office parks were not inappropriate and
directed staff to return with an amendment to the O.P. zone standards.
II. ANALYSIS:
The proposed amendment was noticed in the Desert Sun. The amendment would
add, as a conditional use in the O.P. district, ancillary commercial uses on sites
having an area of two acres or more.
Permitting ancillary commercial uses (such as restaurants) in large office complexes
provides necessary conveniences to office workers and thus reduces traffic
movements. This is also true of other commercial uses which serve offices such as
coffee shops and copy places.
The staff recommendation will be to proceed with a refined amendment which will
limit ancillary commercial uses as follows:
A. Restaurant uses not exceeding 10% of the gross leasable floor area of the
office complex.
B. Other ancillary commercial uses will be limited to uses oriented to providing
convenience services to the primary office use(s).
STAFF REPORT
CASE NO. ZOA 00-03
MARCH 7, 2000
C. Total ancillary commercial uses (restaurants included) shall not exceed 25%
of gross leasable floor area in the complex.
The three above limits are all premised on the office complex having a land area of
two acres or more.
Zoning Ordinance Review Committee reviewed an earlier version of this proposed
amendment at its February 17, 2000 meeting and supported its implementation.
III. CEQA REVIEW:
The proposed amendment is a Class 5 categorical exemption for purposes of CEQA
and no further documentation is necessary.
IV. RECOMMENDATION:
That the Planning Commission recommend to the City Council approval of an
amendment to the Zoning Ordinance to allow as a conditional use, limited ancillary
commercial uses on O.P. zoned sites having a land area of two acres or more.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Comments from city departments and other agencies
D. Plans and exhibits
Prepared by
Steve Smith
Reviewed and Approved by
4hil Drell
Am
2
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER
25.25.014 TO ALLOW AS A CONDITIONAL USE ANCILLARY
COMMERCIAL USES ON O.P. ZONED SITES HAVING A LAND
AREA OF TWO ACRES OR MORE.
CASE NO. ZOA 00-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of March, 2000, hold a duly noticed public hearing to consider an amendment
to the Palm Desert Municipal Code, Chapter 25.25.014 as described above; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify its recommendation as described
below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.25.014.
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 7th day of March, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PAUL R. BEATY, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 1
That Section 25.25.014 "Permitted Uses Subject To A Conditional Use Permit' be
amended to add the following:
"I. Ancillary commercial uses oriented to providing convenience services to
the primary office use(s) on O.P. zoned sites having a minimum land area of two (2)
acres. Restaurant uses shall not exceed 10% of the gross leasable floor area of the
office complex and total ancillary commercial uses (including restaurants) shall not
exceed 25% of gross leasable floor area of the office complex."
3
73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92,260
TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 00-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider an amendment to Chapter 25.25.014, the Office Professional zone
permitted uses subject to a conditional use permit, to.allow ancillary restaurant uses on O.P.
zoned sites having land area of two acres or more.
SAID public hearing will be held on Tuesday, March 7, 2000, at 7:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 5:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public
hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
February 15, 2000 Palm Desert Planning Commission
RECEIVED
'00 FEB 17 AEl 11 99
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P) CITY CLERK'S OFFICE
RECEIVED
FEB 1 7 2000 r"
COMMUNITY CEdELOP6ENT DEPARTMENT
Cili OF PALM DESERT
STATE OF CALIFORNIA
County of Riverside
1 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 i o34017
CITY OF PALM DESERT
years,and not a party to or Interested In the LEGAL NOTICE
above-entitled matter.1 am the principal clerk of a CASE NO. ZOA 00-03
NOTICE IS HEREBY GIVEN that a public hearing C
printer of the,DESERT SUN PUBLISHING will be held before the Palm Desert Planning om-
COMPANY a newspaper of general circulation, mission to consider an amendment to Chapter
25.25.014. the Office Professional zone permitted
printed and published in the city of Palm Springs, uses subject to a conditional use permit,.to allow
County of Riverside,and which newspaper has been ancillary restaurant uses on O.P. zoned sues nav-
ing land area of two acres or more.
adjudged a newspaper of general circulation by the SAID public hearing wIII be held on Tuesday.,
Superior Court of the County of Riverside,State of March 7, 2000, at 7:00 p.m. in the Council Cham-
ber at the Palm Desert Civic Center, 73-510 Fred I
California under the date of March 24, 1988.Case Waring Drive, Palm Desert, California, at which
Number 191236;that the notice,of which the time and place all interested persons are invited to
attend and be heard. Written comments concern- f
annexed is a printed copy(set In type not smaller ing all items covered % this public hearing notice
aria than non been published In each regular shall be accepted up to the date of the hearing.
P 4 has P Information concerningg the proposed project
and entire issue of said newspaper and not In any and/or negative declamt.on is atvvallable for review
supplement thereof on the following dates,to wit: the above he paddress betweeartment of n the floors bf 9:00 a.m.'
and 5:00 P.M. Monday through Friday. If you chal-
Februa ISth lengqe the proposed actions in court. you may be
ry limitad to raising only those issues you or someone
else raised at the public hearing described in this
notice. or in written correspondence delivered to
the Planning Commission at,or prior to,the public
hearing.
P DRELL, Secretary
All In the year 2000 PUB: February Palm Desert
Planning
Planning Commission
15 2000
1 certify(or declare)under penalty of perjury that the
foregoing is true and correct.
ISth
Dated at Palm Springs,California this— day
February
of '2000
60L
_ '_6 C l4 _
Signature
73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 00-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider an amendment to Chapter 25.25.014, the Office Professional zone
permitted uses subject to a conditional use permit, to allow ancillary restaurant uses on O.P.
zoned sites having land area of two acres or more.
—'1
V"
__-
Fa
"_ ".. ' q6�� From
J
QoStdl® x Nete cPhoaoe
to F
Go JpeP�'S D-
Phone
4
�1
SAID public hearing will be held on Tuesday, March 7, 2000, at 7:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public
hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
February 15, 2000 Palm Desert Planning Commission
PROOF OF PUBLICATION This is space for County Clerk's Fifing Stamp
(2015.5.C.C.P)
t
P.F-CFfvr=n
MAR 2 S 2000 I
W.Y.MUNITY DEVELOPMENT DEPARTMENT II
CITY OF PALM DESERT
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; 1 am over the age of eighteen
years,and not a party to or interested in the
above-entitled matter.I am the principal clerk of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been FNo.4386 - CITY OF PALM DESERT
LEGAL NOTICE
adjudged a newspaper of general circulation by the CASE NO. ZOA 00-03
E IS HEREBY GIVEN that a ppublic hearing
Superior Court of the County of Riverside,State of held before the Palm Desert Ci((yy Council to
. en amentlment to Chapter 25.25.014, the
California under the date of Maro6 24,1988.Case Professional zone permitted uses subject to
Number 191236;that the notice,of which the lasaon ot�ezoniedl sites havinglllands area of
annexed is a printed copy(set in type not smaller res.or more.
than non ariel,has been ublished iu each r ajar ublic hearing willbe held on Thursday. A riIP P 00. at 7:00 p.m. m Council Chamber at the
and entire issue ofsaid newspaperand not in any Desert Civic Center, 73at w Fred Waring
Drive, Palm Desert California. et which time end
supplement thereof on the following dates,t0 wit: place all interested persons are invited to attend
and be heard. Written comments concerning all
items covered by this public hearing notice shall
March 24th be accepted up to the data of the vo ectg and/ors
ration concerning the proposed p I
negative tleclarati 0 is available for review t the
Department of Community Development at the
above etldress between the hours If Sou a.m. end
t to Montlay through Fddayou, aube limited
the proposed actions in court, y Y
to raising only those issues'you or someone.else
raised of the public hearing tlascdbed in this no-
All in the year 2000 tice, or In wri en correspondence delivered to the
City Council at, or prior to the public hear iny
RACHELLE KLA§SEN, Acting City Gerk
Cit of Palm-Desert, Caafomla
I certify(or declare)under penalty of perjury that the PUB:March_24, 2000
foregoing is true and correct. - -
27th
Dated at Palm Springs,California this-day
March
of ,2000
Signature
Ai I\W
�tu,
nn
4.•' ,: 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA92260
TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 00-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider an amendment to Chapter 25.25.014, the Office Professional zone
permitted uses subject to a conditional use permit, to allow ancillary commercial uses on
O.P. zoned sites having land area of two acres or more.
Post-it®Fax Note 7671 Date,? pages
To /1_ / B From -
.b.
Phone# Phone# 3Y6
Fax# .7 O' `,73
/ Fax#
SAID public hearing will be held on Thursday, April 13, 2000, at 7:00 p.m. in the Council
Chamber atthe Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California,
at which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up
to the date of the hearing. Information concerning the proposed project and/or negative
declaration is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN,Acting City Clerk
March 24, 2000 City of Palm Desert, California