HomeMy WebLinkAboutZOA 04-03 OUTDOOR SALES 2004 -Coo.
y Ordinance No. 1087
CITY OF PALM DESERT
Community Development/Planning
STAFF REPORT
REQUEST: Approval of a zoning ordinance amendment, Chapter 25.34.030
(Conditional Uses), to add the following provision: "Outdoor sales of
arts, crafts, clothing, goods, wares a d other merchandise.
SUBMITTED BY: Ryan Stendell, Planning Technician g DATE
APPLICANT: City of Palm Desert ❑ CMNUED TO
1r7 PASSED TO 201 READING /a� D
CASE NOS. ZOA 04-03
DATE: November 18, 2004 * Passed Ordinance No. 1087 to second reading,
with the following amendment: Allow as a conditional
CONTENTS: Recommendation use in the service Industrial Area display of
Discussion art, provided that 'such display does not impact
Draft Ordinance No. amfflf of parking available on the property.
Legal Notice 3-2 (Ferguson, Kelly NO)
Planning Commission Staff Report d6ted: October 19, 2004
Planning Commission Resolution No. 2298
City Map showing affected areas
Recommendation:
That the City Council pass Ordinance No. 1087 to second reading.
Discussion:
Background:
At the meeting of October 5`", 2004 the Planning Commission was asked to
review a Miscellaneous/Determination of Use Not Listed regarding outdoor sales
in the Service Industrial Zone (S.I.). The request was in connection with an
application to display paintings and sculpture at the Art Place (41-801 Corporate
Way) in the Cook Street Industrial Park. Every Commercial Zone except the S.I.
zone allows appropriate outdoor sales as a conditional use. Based on the
determination that many uses within the S.I. zone are similar to those in other
commercial zones, the Planning Commission initiated a Zoning Ordinance
Amendment adding outdoor sales to the S.I. zone.
Staff Report r
ZOA 04-03
Page 2
November 18, 2004
The enclosed amendment, if approved, will add the following provision to section
25.34.030 (Conditional Uses), "Outdoor sales of arts, crafts, clothing, goods,
wares and other merchandise." Through the CUP process the Planning
Commission will determine the appropriateness of each application.
Submitted by: 'Department Head:
n
Ryan Stendell Phil Drell
Planning Technician Director of Community Development
Approval:
mer Croy
ACM Develop ent Services
' CITY COUNCIL ORDINANCE NO: 1087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION:"OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS,the City Councilofthe City of Palm Desert,California,did on the 18th day
of November,2004, hold a duly noticed public hearing to considerthe request of the City of
Palm Desert, for approval of the above noted zoning ordinance amendment; 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.02-60,"in that the Director of Community Development has determined that the project
is a Class 32 categorical exemption for purposes of CEQA and no further documentation is
necessary; 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 existto justify approval of said zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
1. Thatthe Zoning Ordinance amendment is consistentwith the objectives of the
Zoning Ordinance.
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan.
3. Thatthe Zoning Ordinance amendment would better servethe public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. Thatthe above recitations are true and correctand constitute the findings of the
City Council in this case.
2. That the City Council approval of a Zoning Ordinance text amendment as
provided in the attached Exhibit "A."
CITY COUNCIL ORDINANCE NO: 1087 +
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Ctiy
Council this 18th day of November, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
Palm Desert City Council
r
' CITY COUNCIL ORDINANCE NO: i oar
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise.
� ( tY Qf P 0 1 M DESf � 1
73-510 PRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o—z570
TEL: 760 346—o61i
FAX: 34
7 1-7098
60 r
;,1 I
ae .Im a n R
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 04-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider an amendment to the Zoning Ordinance to add the following provision to
Chapter 25.34.030 (Conditional Uses) of the Service Industrial Zone, "Outdoor sales of arts,
crafts, clothing,goods,wares and other merchandise."
SAID public hearing will be held on Thursday, November 18 2004 at 4:00 .Y 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
City Council at, or prior to,the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, Secretary
November 5, 2004 Palm Desert City Council
s CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: October 19, 2004
CASE NO: ZOA 04-03
REQUEST: Approval of a zoning ordinance amendment,Chapter25.34.030(Conditional
Uses),to add the following provision:"Outdoor sales of arts, crafts,clothing,
goods, wares and other merchandise.
APPLICANT: City of Palm Desert
I. BACKGROUND:
At the meeting of October 5th, 2004 the Planning Commission was asked to review a
Miscellaneous/Determination of Use Not listed regarding conditional uses of the Service
Industrial Zone (S.I.). It was determined by the Commission that the following provision
should be added to conditional uses for the S.I. zone,"the outdoor sales of arts, crafts,
clothing,goods,wares and other merchandise." The Commissions determination was that
there are uses within the S.I. zone that are similar to that of the City's many commercial
zones. This provision is listed under conditional uses for all of the City's various commercial
zones. The Commission also initiated the Zoning Ordinance Amendment to add the
provision to the Service Industrial Zone.
We are also in receipt of an application fora Conditional Use Permit to allow the permanent
display of artwork for sale outside of existing suites at The Art Place, 41-801 Corporate
Way. That application will be processed concurrent with this item.
The enclosed amendment,if approved,will add the following provision to section 25.34.030
(Conditional Uses), "Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise." Through the CUP process the Planning Commission will determine the
appropriateness of each application.
STAFF REPORT
CASE NO. ZOA 04-01
SEPTEMBER 7, 2004
IV. RECOMMENDATION:
That Planning Commission recommend to City Council approval of Case No. ZOA 04-03
by adoption of the Planning Commission Resolution attached hereto.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Planning Commission minutes of October 5`"- 2004
D. Exhibits
Prepared by: Reviewed and Approved by:
Ryan Stendell Phil Drell
Planning Technician Director of Community Development
Review d Concur:
Homer Croy
ACM for Develop nt Services
/tm
2
Cf Y QE fInl 11 91S1RI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
TEL: 76o 346—o6u
FAX: 760 30-6372
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 20, 2004
City of Palm Desert
Re: ZOA 04-03
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its regular meeting of October 19, 2004:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF
CASE NO. ZOA 04-03 BY ADOPTION OF PLANNING COMMISSION
RESOLUTION NO. 2298. MOTION CARRIED 3-0 (COMMISSIONERS
CAMPBELL AND FINERTY 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.
Philip Drell, Se retary \
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
t;jnaimnnnnmeni
PLANNING COMMISSION RESOLUTION NO. 2298 '
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION:"OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of October, 2004, hold a duly noticed public hearing to consider the request
of Ted Rutherford/The Art Place, for approval of the above noted zoning ordinance
amendment; 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.02-60,"in that the Directorof Community Development has determined that
the project is a Class 32 categorical exemption for purposes of CEQA and no further
documentation is necessary; 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 recommending approval of said
zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
3. Thatthe Zoning Ordinance amendmentwould 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 Planning Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2298
L
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"
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of October, 2004, by the following vote,to wit:
AYES: LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, FINERTY
ABSTAIN: NONE
SABB N , Chairperson
ATTEST:
PHILIP DRELL. Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2298
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise.
3
CIIIf 01 PIILOI OESERI
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6u
FAX: 760 341-6372
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 20, 2004
City of Palm Desert
Re: ZOA 04-03
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its regular meeting of October 19, 2004:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF
CASE NO. ZOA 04-03 BY ADOPTION OF PLANNING COMMISSION
RESOLUTION NO. 2298. MOTION CARRIED 3-0 (COMMISSIONERS
CAMPBELL AND FINERTY 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.
Philip Drell, Se retary \
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
PLANNING COMMISSION RESOLUTION NO. 2298
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION: "OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of October, 2004, hold a duly noticed public hearing to consider the request
of Ted Rutherford/The Art Place, for approval of the above noted zoning ordinance
amendment; 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. 02-60,"in thatthe Directorof Community Development has determined that
the project is a Class 32 categorical exemption for purposes of CEQA and no further
documentation is necessary; 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 recommending approval of said
zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
3. Thatthe Zoning Ordinance amendmentwould 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 Planning Commission in this case.
I
PLANNING COMMISSION RESOLUTION NO. 2298
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"
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit:
AYES: LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, FINERTY
ABSTAIN: NONE
SABB N Chairperson
ATTEST:
a
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
r
. y
PLANNING COMMISSION RESOLUTION NO. 2298
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise.
3
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: October 19, 2004
CASE NO: ZOA 04-03
REQUEST: Approval of a zoning ordinance amendment,Chapter25.34.030(Conditional
Uses),to add the following provision:"Outdoor sales of arts,crafts,clothing,
goods, wares and other merchandise.
APPLICANT: City of Palm Desert
I. BACKGROUND:
At the meeting of October 5th, 2004 the Planning Commission was asked to review a
Miscellaneous/Determination of Use Not Listed regarding conditional uses of the Service
Industrial Zone (S.I.). It was determined by the Commission that the following provision
should be added to conditional uses for the S.I. zone,"the outdoor sales of arts, crafts,
clothing,goods,wares and other merchandise." The Commissions determination was that
there are uses within the S.I. zone that are similar to that of the City's many commercial
zones. This provision is listed under conditional uses for all of the City's various commercial
zones. The Commission also initiated the Zoning Ordinance Amendment to add the
provision to the Service Industrial Zone.
We are also in receipt of an application fora Conditional Use Permit to allow the permanent
display of artwork for sale outside of existing suites at The Art Place, 41-801 Corporate
Way. That application will be processed concurrent with this item.
The enclosed amendment,if approved,will add the following provision to section 25.34.030
(Conditional Uses), "Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise." Through the CUP process the Planning Commission will determine the
appropriateness ro riateness of each application.
STAFF REPORT
CASE NO. ZOA 04-01
SEPTEMBER 7, 2004
IV. RECOMMENDATION:
That Planning Commission recommend to City Council approval of Case No. ZOA 04-03
by adoption of the Planning Commission Resolution attached hereto.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Planning Commission minutes of October 5tn. 2004
D. Exhibits
Prepared by: Reviewed and Approved by:
Ryan Stendell Phil Drell
Planning Technician Director of Community Development
Review d Concur:
Homer Croy
ACM for Develop nt Services
/tm
2
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION:"OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of October, 2004, hold a duly noticed public hearing to considerthe request of
Ted Rutherford/The Art Place,for approval of the above noted zoning ordinance amendment;
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.02-60,"in that the Director of Community Development has determined that the project
is a Class 32 categorical exemption for purposes of CEQA and no further documentation is
necessary; 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 recommending approval of said
zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
1. ThattheZoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance.
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan.
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. Thatthe above recitations are true and correct and constitute the findings of the
Planning 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
PLANNING COMMISSION RESOLUTION NO.
Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SABBY JONATHAN, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise.
25.34.010
Chapter 25.34 K. Warehouse or storage facilities;
L. The planning commission may,by resolution,permit
SI SERVICE INDUSTRIAL DISTRICT other uses which are similar and no more objectionable
than those enumerated in this section;
Sections: M. Adult entertainment establishments as permitted
2534.010 Purpose. by Chapter 5.88 subject to compliance of the specific use
2534.020 Permitted uses. with the locational requirements of Chapter 25.110 and
25.34.030 Conditional uses. parking requirements of Chapter 25.58 of this code (i.e.
2534.040 Accessory uses. adult bookstore shall comply with parking required for
2534.050 Prohibited uses a bookstore in the general commercial C-I zone).A parking
2534.060 Provisions for site plan review. requirement modification shall be available to businesses
2534.070 Lot specifications which operate only between the hours of five p.m. and
2534.080 Yards five a.m. subject to it being determined by the zoning
2534.090 Building height. administrator that there is adequate off-street parking
2534.100 Off-street parking and loading available.(Ord.905 §7, 1999;Ord.756§2 (Exhibit A),
requirements. 1994; Ord. 96 § 1 (part), 1975: Exhibit A § 25.20-2)
2534.110 Utilities
2534.120 Trash handling. 25.34.030 Conditional uses.
2534.130 Signs. The following uses shall be permitted subject to a
2534.140 Access. conditional use permit:
2534.150 Outside storage. A. All service industrial uses located within a
2534.160 Required landscaping. redevelopment project area,limited to completely screened,
2534.170 Perimeter screening. open yard, vehicle storage areas;
2534.180 Special standards B. Industrial planned unit developments (PUDS);
C. Commercial communication towers subject to
2534.010 Purpose. performance standards set forth at Chapter 25.104-,
The intent and purpose of the service industrial district D. Residential dwelling units located above the first
is to allow for the manufacture, distribution and service floor designed and maintained to be compatible with the
thereof of products intended for local usage within Palm permitted or approved conditional uses on the lust floor
Desert,its sphere of influence and surrounding cove com- or in the vicinity. (Ord. 880 § 2 (Exhibit A), 1998;Ord.
munities.Industrialism of any larger magnitude would not 817 § 6, 1996;Ord. 162§2, 1977:Exhibit A§25.20-3)
be in keeping with the intended residential,resort,recre-
ational character of the community, and therefore would 25-34.040 Accessory uses
not be permitted. (Ord. 96 § I (part), 1975: Exhibit A § The following accessory uses shall be permitted:
25.20-1) A. Accessory structures and uses located on the same
site as a permitted or conditional use;
2534.020 Permitted uses. B. Incidental services for employees on a site occupied
The following uses shall be permitted: by a permitted or conditional use;
A. Equipment maintenance and storage facilities; C. Watchman's or caretaker's living quarters only when
B. Maintenance facilities(bulk laundering,janitorial, incidental to and on the same site as a permitted or condi-
etc.); tional use.(Ord.96§ 1 (part), 1975:Exhibit A§25.20-4)
C. Mortuaries;
D. Pest control facilities; 25.34.050 Prohibited uses
E. Preparation of foodstuffs (no processing) e.g., The following are prohibited uses in any SI district:
baking, bottling, etc.; A. Dwelling units;
F. Production of home and office decor accessories; B. Other uses and structures which the director of
G. Public utility and public service facilities; environmental services determines do not fall within the
H. Support facilities for local construction,renovation intent and purpose of this district;
and installation of related equipment; C. Any permitted use set forth in Section 25.34,020,
I. Uses customarily related to any of the uses listed and any conditional uses as set forth in Section 25.34.030,
in this section; or any accessory uses as set forth in Section 25.34.040
J. Completely screened vehicle service and storage
facilities;
(Palm Descn 10-99) 396
25.34.050
when such parcel contains any hillside area as set forth
in Section 25.32.020. (Ord.428 § 2(part), 1985;Ord.96
§ 1 (part), 1975: Exhibit A § 25.20-5)
25.34.060 Provisions for site plan review.
All developments shall comply with the requirements
for site plan review as prescribed in Chapter 25.70. (Ord.
96 § 1 (part), 1975: Exhibit A § 25.20-6)
2534.070 Lot specifications.
The minimum lot area shall be twenty thousand square
feet.
396-1 m -(Pel De.ut 9 98)
2534.070
The minimum lot depth shall be one hundred feet 2534.150 Outside storage.
The minimum lot width shall be one hundred feet No outside storage shall exceed the height of actual
(Ord 96 § 1 (part), 1975: Exhibit A §§ 2520-7.01— perimeter screening.(Ord 96§1(part),1975:Exhibit
25.20-7.03) A§25.20.7.13)
2534.090 Yards. 2534.160 Required landscaping.
The minimum front yard shall be twenty feet landscaping within reed setback adjacent to
There is no minimum interior side or rear setback public rights-of--way shall be provided and maintained,
except when adjacent to or across the street from resi- subject to the following conditions:
dentially zoned property, the rear minimum setback A. A distinct demarcation between asphalt paving
shall be twenty-five feet and the minimum interior side
setback shall be ten feet and landscaped area shall be provided through the use
Minimum street side setback shall be ten feet.(Ord of maintained turf, maintained aggregate, or other
320(part),1982:Ord 96§1(part),1975:Exhibit A§$ means t landscaping(plantings,rock walla,eta).
2520.7 04-2520-7 06) in in least one third of the total landscaped area
will be vegetation.
2534.090 Building height. C. Berg(undulating or embanked)shall be re-
The maximum building height shall be thirty feet,or quired with a minimum variation of elevation being
two stories,whichever is less.(Ord.96§1(part),1975: thirty mchce"
Exhibit A§2520-7.07) D. An automatic underground sprinkler system for
landscaped area shall be provided.
2534.100 Off-street parking and loading E. No other usage or storage is permitted within
requirements.
required landscaped area. (Ord 96 § 1 (part), 1975:All parking and loading shall comply with the pro-
Exhibit A§2520.7.14)
visions of Chapter 2558. (Ord. 96 § i (part), 1975:
Exhibit A§25.20-7.08) 2534.170 Perimeter screening.
All developments shall be screened according to one
Z534.110 Utilities. of the following alternatives:
For provisions regarding utilities, see Section A. A masonry wall at a minimum height between
2536.100.(Ord 96§1 (part),1975:Exhibit A§25.20- five and seven feet shall be provided along all property
7.09) lines except those adjacent to public rights-of-way,in
which case a setback of twenty feet will be maintained
25.34120 .hash handling B. A dense hedge row at a minimum height of seven
A trash enclosure will be providedfor all uses,unless feet shall be provided along all property lines except for
the proposed location of the trash area is completely those adjacent to public rights of-way,in which case a
enclosed by walls or buildings.The freestanding trash setback of twenty feet will be maintained (common
enclosure shall be constructed of masonry block No perimeter screening between adjoining properties is
trash shall be allowed to extend above or beyond the allowable upon mutual consent of the respective own-
enclosure.(Ord 96§1(part),1975:Exhibit A§25.20- ers). Planting materials used for perimeter screening
7.10) shall be the type which shall,within eighteen months
after property development, provide the intended
2534.130 Signs. screening effect
All signs shall be in compliance with Chapter 25.68. C. Perimeter screening will not be required if
(Ord 96§ 1(part),1975:Exhibit A§25.20-7.11) deemed unnecessary by the design review board,based
upon their approval of submitted development and
2534.140 Access. landscaping plans which establish to its satisfaction that
A maximum of two entrances per property will be attractive development will occur in keeping with the
allowed subject to their conformance with acceptable intended residential/resort/recreational nature of the
circulation patterns and traffic-control measures.(Ord. community. (Ord 96 § 1 (part), 1975: Exhibit A §
96§ 1 (part),1975:Exhibit A§25.20-7.12) 25.20-7.15)
397
2534.180
2534.180 Special standards. as measured at the lot lines of the use shall be prohrb-
A. Sound shall be muffled so as not to become ited. Shock absorbers or similar mounting shall be
objectionable due to intermittence,beat frequency or allowed which will reduce vibration below.003 of one
shrillness.The measurements of sound shall be mea- inch as measured at the lot lines.
sured at the lot lines and shall be measured to decibels D. Glare and heat from any source shall not be
with a sound level meter and associated octave band produced beyond the lot lines of the use.
filter,manufactured according to standards prescribed E. Storage of refuse,trash,rubbish or other waste
by the American Standards Association. Maximum material outside a permanent building shall be kept in
permissible sound pressure levels shall comply with the enclosed containers,in areas other than the front and
following standards side yards.
The maximum sound pressure level in decibels shall F. Lighting, including spotlights, floodlights,elee-
be 0.002 dynes per square centimeter. trical reflectors and other means of illumination for
signs, structures, landscaping, parking areas, loading
and unloading areas and the like shall be focused,
Adjacent directed,and so arranged as to prevent glare or direct
Residential illumination on streets or adjoining property.
Octave Band in District Lot Line of Use G. Unless specific additional uses are permitted by
Cycles-Second Boundaries in the SI Zone the certificate of occupancy the use of radioactive ma-
0— 75 72 79 terials within the SI district shall be limited to measur-
75— 150 59 74 ing,gauging andcalibration devices,as tracer elements,
ISO— 300 52 66 in X-ray and like apparatus,and in connection with the
— 600 59 processing and preservation of foods.In no event shall
radioactivity, when measured at each lot line be in
600—1200 42 53 excess of 2.7 X 10.11 microcuries per milliliter of au at
1200—2400 39 47 any moment of time.
2400—4800 34 41 H. Electrical and electronic devices and equipment
Above 4800 32 39 shall be suitably wired,shielded and controlled so that
in operation they shall not,beyond the lot lines,emit
any electrical impulses or waves which will adversely
B. Toxic gases or matter shall not be emitted which affect the operation and control of any other electrical
can cause any damage to health,to animals or vegeta- or electronic devices and equipment. (Ord. 96 § 1
tion,or otherforms of property,orwhich can cause any (part),1975:Exhibit A§25.20-7.16)
excessive soiling beyond the lot lines of the use.
C. Vibration from any machine,operation or pro-
cess which can cause a displacement of.003 of one inch
398
25.28.010
Chapter 25.28 §3, 1996;Ord.499 Exhibit A§ 1, 1987;Ord.95§ I (part),
1975: Exhibit A § 25,16-2)
Cl GENERAL COMMERCIAL DISTRICT
25.28.030 Conditional uses.
Sections: The following uses shall be permitted subject to a condi-
25.28.010 Purpose. tional use permit:
25.28.020 Permitted uses. A. Accessory structures and uses located on the same
25.28.030 Conditional uses. site as the conditional uses;
25.2&040 Prohibited uses. B. Automobile service stations,as specified in Section
25.28.050 Lot specifications. 25.56.330;
25.2&060 Minimum street frontage C. Amusement and recreation establishments including
setback. but not limited to theater and amusements arcades.
25.28.070 Building height. 1. All businesses presently having five or more mechan-
25.28.080 Maximum building site coverage. ical or electronic games shall either apply for a conditional
25.28.090 Off-street parking and loading use within six months of the date of the ordinance codified
requirements. in this subsection, or reduce the number of said games
25.28.100 Utilities. to four.
25.28.110 Trash handling. 2. If the applicant is refused a conditional use permit,
25.28.120 Sigo& the individual shall reduce the number of said games to
25.28.130 Provisions for site plan review. four within sixty days of denial of permit request.
25.28.140 Special standards. D. Grocery stores;
25.2&150 Outdoor seating—Restaurants. E. Hospital;
25.28.160 Outdoor seating—Commercial F. Hotels;
center. G. Liquor stores;
2518.170 Incidental seating. H. Mortuary;
I. Public utility installation;
25.28.010 Purpose. I. Restaurants,except for drive-in or drive-through;
The intent and purpose of the C1 district is to provide K. Assembly, production and storage of products
a principal core area where a series of specialty and general normally sold or distributed from the place of business,
commercial shopping facilities which are inherent within if conducted within a completely enclosed building,within
a resort community can be found by the residents of the the intent and purpose of this district.The intent is to limit
city. (Ord. 95 § 1 (part), 1975: Exhibit A § 25.16-1) wholesale uses in the core area commercial (C-1) zone.
L. Outdoor sales of arts,crafts,clothing,goods,wares
25.28.020 Permitted uses. and other merchandise;
The following uses and structures shall be permitted: M. Residential dwelling units located above the first
A. Accessory buildings and structures; floor designed and maintained to be compatible with the
B. Repealed; permitted or approved conditional uses on the first floor
C. Medical offices and clinics; or in the vicinity;
D. Offices;governmental,professional,administrative, N. Commercial communication towers subject to perfor.
and general business; mane standards set forth at Chapter 25.104. (Ord. 817
E. Other commercial uses as determined by the planning § 2, 1996; Ord. 791 Exhibit B (part), 1996; Ord. 659 §
commission which are deemed to enhance the character 1, 1991; Ord. 499 Exhibit A § 2, 1987; Ord. 355 (part),
of the community; 1983: Ord. 344, 1983; Ord. 293 (part), 1982; Ord. 95 §
F. Personal services including but not limited to barber 1 (part), 1975: Exhibit A § 25.16-3)
or beauty shops, tailors, and dressmaking shops;
G. Retail uses,including but not limited to, apparel, 25.28.040 Prohibited uses.
furniture, appliances and other major household articles, The following uses are specifically prohibited in the
variety goods,sporting goods,stationery,toys,art goods, general commercial district:
flowers and other plants, and boutiques; A. Industrial uses;
H. Commercial communication towers subject to perfor- B. Residential uses;
mance standards set forth at Chapter 25.104. (Ord. 817 C. Any permitted use set forth in Section 25.28.020,
and any conditional uses as set forth in Section 25.28.030,
387 (Palm Desen 8-97)
25.28.040
when such parcel contains any hillside area as set forth buildings except those specifically approved to be conducted
in Section 25.26.020.(Ord.428§ 2 (part), 1985;Ord.95 in the open.
§ 1 (part), 1975: Exhibit A § 25.164) B. Where the general commercial district abuts a
residential district,a fence or wall six feet in height shall
25.28.050 Lot specifications. be located adjoining the property line except adjoining a
The minimum lot area shall be ten thousand square feet. required front yard.All general commercial district property
The minimum lot depth shall be one hundred feet. lines adjoining a residential district shall be landscaped
The minimum lot width shall be eighty feet. (Ord.95 with plant materials for an area ten feet in depth.
§ I (part), 1975:Exhibit A§§25.16-5.01 —25.16-5.03) C. All nonpaved areas shall be landscaped and treated
or maintained to eliminate dust.
25.28.060 Minimum street frontage setback. D. Wherever off-street parking areas are situated across
The minimum street frontage setback shall be five feet the street from property in a residential district,a masonry
(Ord. 128§6(part), 1976:Ord.95§ I (part), 1975:Exhibit wall or berm three feet in height shall be erected within
A § 25.16-5.04) Alit me7 aeD >,:9t 97Z the required landscape area to adequately screen the residen-
tial properties.
25.28.070 Building height. E. The noise level emanating from a commercial use
The maximum building height shall be thirty feet.(Ord, or operation shall not exceed five dB(A),above the ambient
355 (part), 1983: Ord. 95 § 1 (part), 1975: Exhibit A § noise level on the site.If the commercial use is adjacent
25.16-5.05) or across a street or alley from a residential use or vacant
residentially zoned lot and the increased ambient noise
25.28.080 Maximum building site coverage. level is above sixty-five dB(A) CNEL at the residential
There is no maximum building site coverage in the Cl lot line,the commercial operator shall provide mitigation
district.(Ord.95§ 1 (pan), 1975:Exhibit A§25.16-5.06) of the noise by five dB(A) (if existing ambient is above
sixty-five dB(A) CNEL) or so that ambient noise level
25.28.090 Off-street parking and loading is no higher than sixty-five dB(A) CNEL.
requirements. F. All mechanical equipment,including heating and
All development of off-street parking shall comply with air conditioning units,shall be completely screened from
the provisions of Chapter 25.58.(Ord.95§ I (part), 1975: surrounding properties by use of a wall or fence or shall
Exhibit A § 25.16-5.07) be enclosed within a building.(Ord.298(part), 1982;Ord.
25.28.100 Utilities. 95 § 1 (part), 1975: Exhibit A § 25.16-5.12)
All development shall comply with the provisions of 25.28.150 Outdoor seating—Restaurants.
Section 25.56.090 of this title. (Ord. 95 § 1 (part), 1975: A restaurant shall be entitled to use tables within an
Exhibit A § 25.16-5,08) outdoor patio for food service purposes without the provi-
sion of additional parking spaces based upon a ratio of
25.28.110 Trash handling. one outdoor table per five indoor tables up to a total of
A trash enclosure shall be provided for all uses,unless three outdoor tables or a maximum seating capacity of
the proposed location of the trash area is completely en- twelve. The addition of more than three tables will be
closed by walls or buildings.No freestanding trash enclosure deemed an expansion of the use requiring a conditional
shall be constructed.No trash shall be allowed to extend use permit or amendment.The location of outdoor tables
above or beyond the enclosure.(Ord- 95 § I (part), 1975: shall meet all health,safety and fire codes.(Ord.271 (part),
Exhibit A § 25.16-5.09) 1981)
25.28.120 Signs. 25Z8.160 Outdoor seating—Commercial
All signs shall be in compliance with Chapter 25.68. center.
(Ord. 95 § I (pan), 1975: Exhibit A § 25.16-5.10) A commercial center may provide tables, chairs and
sunshades within a common area for use by the general
25.28.130 Provisions for site plan review. public without the provision of extra parking.These tables
All development shall be subject to site plan review may not be reserved or associated with any particular
as prescribed in Chapter 25.70.(Ord. 95 § 1 (pan), 1975: business within the center. Their location must meet all
Exhibit A § 25.16-5.11) applicable health,safety and fire codes. (Ord.271 (part),
1981)
25.28.140 Special standards.
A. All uses shall be conducted wholly within enclosed
(Palm Dem 8.97) 388
r 25.28.170
25.28.170 Incidental seating.
A takeout restaurant or retail food store under two thou-
sand square feet gross floor area which sells prepared food
shall be entitled to two serving tables or a maximum seating
capacity.of eight without reclassification as a restaurant
for zoning purposes.These tables may be located indoors
or in an outdoor patio. When three or more tables are
provided, the use shall be deemed a restaurant and a
conditional use permit must be obtained.(Ord.271 (part),
1981)
389 (Palm Dcsen 8-96)
r
ORDINANCE NO. 972.
25.28.060 Minimum street frontage setback.
The minimum street frontage setback shall be five feet. On corner
lots buildings shall be setback a minimum of two Q) feet for every foot of
building height and shall not encroach into the 'daylight triangle" defined below.
Said setback shall be measured from the ultimate curb location. Said building
height shall be measured from average curb height adjacent to the property.
"Daylight triangle" shall mean the triangular area formed by the
ultimate curb lines and a base line connecting the two purb lines. The base line
shall be established at a setback distance of two feet for each foot of building
height measured from the midpoint on the radius of the curb at the intersection
to form a right angle with the base line. See figure "A" attached.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in
existence. Where the City wishes to acquire property to implement a super
block concept, said acquisition shall be accomplished through purchase of the
needed property rather than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the .
curb location when the street is constructed to its ultimate width as shown in
the Circulation Element of the General Plan.
DAYLIGHT MANGLE
Hderelk
I
AAYl.IGHY TRIANGLE J•
f /ee• of- Curb
I
eren�"w u��
CIiY Of PflL (fl 0ES ' 4i
' 73-510 FREO WARING DRIVE
ly I PALM DESERT,CALIFORNIA 9 2 2 60-2 5 78
TEL: 760 346—o61I
FAX: 760 341-7098
inro@p,im deun.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.ZOA 04.03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider an amendment to the Zoning Ordinance to add the following provision to
Chapter 25.34.030(Conditional Uses)of the Service Industrial Zone,"Outdoor sales of arts,crafts,
clothing, goods,wares and other merchandise."
I
SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 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
October 8, 2004 Palm Desert Planning Commission
CIIV Of Nd1M DESERj
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o61 i
FAR: 760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consideran amendmenttothe Zoning Ordinanceto add the following provision to
Chapter 25.34.030(Conditional Uses)of the Service Industrial Zone,"Outdoor sales of arts,crafts,
clothing, goods, wares and other merchandise."
SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 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
October 8, 2004 Palm Desert Planning Commission
CITY QF P " I M �IES � R
73-5 to FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
TEL: 760 346-o6i 1
FAX: 760 341-7098
info@palm-desvc.nrg
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider an amendment to the Zoning Ordinance to add the following provision to
Chapter 25.34.030 (Conditional Uses) of the Service Industrial Zone, "Outdoor sales of arts,
crafts, clothing, goods, wares and other merchandise."
SAID public hearing will be held on Thursday, November 18, 2004, at 4:00 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
City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, Secretary
November 5, 2004 Palm Desert City Council
1
MINUTES
ADJOURNED REGULAR
PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004
Mayor Spiegel stated that the number of employees at Time Warner had
increased greatly since the time when the cable company first came in as
Able Cable. In addition to employee vehicles, Time Warner had its own
company vehicles.
Councilman Kelly said there was another paragraph where it excludes
stairways, elevators, and restrooms, and he did not feel anything should be
excluded.
Mayor Spiegel suggested that this matter be continued and that he and
Councilman Kelly work with staff in the meantime to see what needs to be
done.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. No testimony was offered.
Mayor Pro Tern Crites moved to continue this matter to the meeting of January 13,
2005,with Councilman Kelly and Mayor Spiegel appointed to work with staff on this matter
in the meantime. Motion was seconded by Kelly and carried by a 5-0 vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
E. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO PALM DESERT MUNICIPAL CODE CHAPTER 25.34.030
(CONDITIONAL USES), TO ADD A PROVISION FOR OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES, AND OTHER
MERCHANDISE Case No. ZOA 04-03 (City of Palm Desert, Applicant).
Planning Technician Ryan Stendell reviewed the staff report and
recommendation and offered to answer any questions. Upon question by
Mayor Spiegel regarding how this would preclude a sidewalk sale, he said
sidewalk sales were on a case by case basis, and tenants would have to
come in for a temporary use permit. Each location was allowed ten such
dates per year; whether they chose to use them or not was their decision.
This zoning ordinance amendment would allow businesses like the Art Place
to display their paintings and sculptures outdoors all the time.
Mayor Spiegel said he felt clothing should not be allowed as an approved
outdoor sale, and Councilmember Benson agreed. Mr. Stendell stated that
approving this zoning ordinance amendment did not mean tenants were
automatically granted approval for their outdoor sales;they would still have to
file applications for conditional use permits, which would be considered for _
approval by the Planning Commission.
20
MINUTES
ADJOURNED REGULAR
PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004
Mayor Pro Tem Crites noted that this provision allowing application for
conditional use permits was already included in all other zones; itjust had not
been included in the Service Industrial (SI) zone.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to t his request. With no testimony offered, he declared the
public hearing closed.
Councilman Ferguson said he had watched the Service Industrial zone
develop over the years, and the City had made exception after exception,
first for a bank, then for a church, a restaurant, and now a grocery store. He
felt the industrial zone was anything but industrial. Typically industrial uses
were such that things were assembled or manufactured and then trucked out.
These uses did not normally attract customers who came to the location.
Given the previous report about parking problems in the industrial area, it
seemed to him the City was just adding more incentives to do retail in an
industrial zone and attract more folks to come out there. He said he would
like to see industrial zones stay industrial and not approach retail.
Councilman Kelly agreed and said an industrial zone was turned into a
commercial zone, with restaurants, stores, art shops, etc.
Councilmember Benson said she did not look to see outside displays all the
time, although she did not have a problem with applications for temporary
displays.
Mr. Smith noted that with the Art Place, this was art that was manufactured
on the property, and they display it for merchandising purposes. While it was
within the intent of the code, there was currently no provision to process such
an application.
Councilman Ferguson said he assumed there was a reason why it was not
included in the industrial zone. He said it seemed to him that any smart
businessman would pay lesser rent in an industrial zone than in a commercial
zone. He said it was difficult for him philosophically to take another step
toward making the City's Service Industrial zone more retail due to allowance
of outdoor sales. He agreed with Councilmember Benson's comment relative
to allowing it on a temporary use permit basis, but he did not feel it should be
made a permanent part of the City's code that it is a blanket entitlement 365
days a year.
Mr. Smith added that it was not a blanket entitlement. Applications for
conditional use permits would have be filed and approved by Planning
Commission. He said it was only a blanket entitlement if the Planning
Commission approves and Council concurs. Upon question by Mayor Spiegel
21
MINUTES
ADJOURNED REGULAR
PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004
as to whether the Art Place would come to the City every time they want to
put a piece of art out there, Mr. Smith responded that they would designate
areas where the art may be placed. The individual tenantloffice at that space
would be able to put a piece of art in the designated area. Upon question by
Councilman Ferguson, Mr. Smith responded that the owner was having
difficulties with the tenants placing art all over the place, and the idea of this
application was to have designated areas where each tenant could place art
should they choose to do so.
Mayor Spiegel suggested that the wording of the amendment be changed to
read: °Outdoor sales of art" rather than including, crafts, clothing, goods,
wares, and other merchandise as proposed by staff. Mr. Smith added that
this language had come from the original code amendment done for the
College of the Desert Street Fair, which then applied to the commercial
districts.
Mayor Pro Tern Crites agreed with Mayor Spiegel but suggested a proviso
that any such application could not be considered if it reduces parking.
Mayor Spiegel agreed.
Mayor Pro Tern Crites moved to waive further reading and pass Ordinance No. 1087
to second reading, with the following amendment:Allow as a conditional use in the Service
Industrial Area display of art, provided that such display does not impact amount of parking
available on the property. Motion was seconded by Benson and carried by a 3-2 vote, with
Councilmen Ferguson and Kelly voting NO.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
• B. CITY ATTORNEY
None
C. CITY CLERK
None
22
CITY 01 FifIM 0E5ERt
73-510 FRED WARINc DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-06n
FAX: 760 30-6372
info palm-deserr.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 6, 2004
City of Palm Desert
Re: Determination of Use Not Listed
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its regular meeting of October 5, 2004:
PLANNING COMMISSION, BY MINUTE MOTION, DETERMINED THAT THE
OUTDOOR SALES OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE COULD BE A CONDITIONAL USE UNDER THE
SERVICE INDUSTRIAL ZONE. MOTION CARRIED 5-0.
PLANNING COMMISSION, BY MINUTE MOTION, DIRECTED STAFF TO
INITIATE A ZONING ORDINANCE AMENDMENT THAT WOULD ALLOW "THE
OUTDOOR SALES OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE" AS A CONDITIONAL USE IN THE SERVICE
INDUSTRIAL ZONE. MOTION CARRIED 5-0.
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.
Philip Drell, Sec tary
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
C^�nimooe n,rciEor,m
got ECEIVED
CITY CLERK'S OFFICE
PALM DESERT, CA
1004 NOV -8 AM 9. 50
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
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; 1 am over the age of eighteen No.9860 — "�
years,and not a party to or interested in the CITY OF PALM DESERT
above-entitled matter.1 am the principal clerk of a CASE
NOTICE
P P CASE NO. ZOTI gb-Oa
printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that a public hearing
COMPANY a newspaper of general circulation, wlu be held baton the Palm Desert Planning
rinted and published in the city of Palm Springs, Commission to consider an amendment to.the
p p tYZoning Ordinance to add the following provisbn
County of Riverside,and which newspaper has been to Chapter 25.34.030 (Conditional Uses) of the
Service Industrial Zone. Outdoor sales of arts,
adjudged a newspaper of general circulation by the crafts,clothing,goods,wares and other merchan-
Superior Court of the County of Riverside,State of dise.'
SAID public hearng will be held on TueedaY Oc-
California under the date of March 74,1988.Case lobar 19,2004,at :00 p;m.in Council hem-
Number 191236;that the notice,of which the bar at the Palm Desert C1wc Center,73_510 F c
Waring Drive, Palm Desert, California, at which
annexed is a printed copy(set in type not smaller time and place all Interested persona are invited
to attend and be heard. Wraten comments con-
than non pariel,has been published in each regular coming all items covered by this public heedng
notice shall be accepted up to the tlete of the
and entire issue of said newspaper and not in any nearing. Information concerning the proposed
declaration b
project an Nor negative avail e is for
supplement thereof on the following dates,to wit: , review in the Department of Community Develop-
BOOte-mhd Ove 5: p. . Mobnday ehrou9h Fddayf
an
October 81h If you challengBe the proposeggd actione In court,
----- - Youes
u or someonelteelse raised nat the
rypubticaheerirg
tlescri In this notice, or In written camespa .
--�—_ `doe to the tanni
pno tlto't11"he public hearrth ng Commission at,
All in the year 2004 PHILIP DRELL, Secretary
Palm Desert Planning Commission
1 certify(or declare)under penalty of perjury that the ,Pub:Optober s. zoos_ ---
foregoing is true and correct.
Dated at Palm Springs,California this--29"---day
of--------October
J------------P-�f— -,200004
Signature
MINUTES
PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004
described herein, or in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
A. Case No. ZOA 04-03 - CITY OF PALM DESERT, Applicant
Request for approval of a zoning ordinance amendment,
Chapter 25.34.030 (Conditional Uses) to add a provision to
allow outdoor sales of art, crafts, clothing, goods, wares and
other merchandise.
Mr. Stendell reviewed the salient points of the staff report and recommended
that the Planning Commission recommend approval of the zoning ordinance
amendment to the City Council.
Chairperson Jonathan opened the public hearing and asked if anyone
wished to address the commission in FAVOR or OPPOSITION. There was
no one and the public hearing was closed. Chairperson Jonathan asked for
commission comments.
Commissioner Tschopp noted that the initiation of this zoning ordinance
amendment was discussed at length at the last Planning Commission
meeting and he moved for approval.
Action:
It was moved by Commissioner Tschopp, seconded by Commissioner Lopez,
approving the findings as presented by staff. Motion carried 3-0.
It was moved by Commissioner Tschopp, seconded by Commissioner Lopez,
adopting Planning Commission Resolution No. 2298, recommending to City
Council approval of Case No. ZOA 04-03. Motion carried 3-0.
B. Case No. CUP 04-17 - THE ART PLACE, TED RUTHERFORD,
Applicants
Request for approval of a conditional use permit to allow the
permanent display of artwork for sale outside of existing suites
located at 41-801 Corporate Way.
4
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MISCAN FORMATIONAL ITEM
TO: Planning Commission
FROM: Ryan Stendell, Planning Technician
DATE: October 5, 2004
SUBJECT: Determination of use not listed
I. BACKGROUND
In 1991, Zoning Ordinance Amendment 91-3 was approved relative to the
permitted conditional uses in the C-1, PC-2, PC-3 and PC-4 commercial zones.
The amendment allowed as a conditional use, 'The outdoor sales of arts, crafts,
clothing, goods, wares and other merchandise." This provision was not added tot
he S.I. zone.
There are certain uses within the Service Industrial zone which are similar uses to
that of the City's various commercial zones (i.e. The Art Place). Under those
circumstances, staff feels that the ordinance should apply to the Service Industrial
zone as it is similar and no more objectionable than those enumerated in that
section.
In 1995 The Art Place (Ted Rutherford) re-located to 41-801 Corporate Way. The
bulk of the Art Place tenants are local Artist/Sculptor studios. Over the years art
created by tenants has been displayed outdoors adjacent to their suites and
throughout the parking lot. Recently they have received a warning from the Code
Department citing that the S.I. zone does not provide for outdoor sales. Mr.
Rutherford is asking staff to process a Conditional Use Permit which would allow
the Art Place to have permanent outdoor display of art in a specified area.
1
Staff Report
CUP 04-17
DATE 10/05/2004
I. RECOMMENDATION
1. That the Planning Commission determine that the outdoor sales of arts,
crafts, clothing, goods, wares and other merchandise would be a
conditioned use under the Service Industrial zone, as it is similar and no
more objectionable than those enumerated in that section.
2. That the Planning Commission Initiate a Zoning Ordinance Amendment
that would allow "the outdoor sales of arts, crafts, clothing, goods, wares
and other merchandise." as a Conditional Use of the Service Industrial
Zone.
APPROVE
yan REVIEWED & APPROVED:
t ell Phil Drell
Planning Technician Director of Community
Development
aREVIE & APP ED:
omer Cro
ACM Commu 1
Developmen
2
25.28.010
Chapter 25.28 817 § 3, 1996; Ord.499 Exhibit A § I, 1987; Ord.95 § I
(part), 1975: Exhibit A § 25.16-2)
Cl GENERAL COMMERCIAL DISTRICT
*5.28.030 Conditional uses.
Sections: The following uses shall be permitted subject to a con-
25.28.010 Purpose. ditional use permit:
25.28.020 Permitted uses. A. Accessory structures and uses located on the same
25.28.030 Conditional uses. site as the conditional uses;
25.29.040 Prohibited uses. B. Automobile service stations,as specified in Sec-
25.28.050 Lot specifications. tion 25.56330;
25.28.060 Minimum street frontage setback. C. Amusement and recreation establishments includ-
( 25.28.070 Building height. ing but not limited to theater and amusements arcades.
25.28.080 Maximum building site coverage. I. All businesses presently having five or more me-
25.28.090 Off-street parking and loading chanical or electronic games shall either apply fora condi-
requirements. tional use within six months of the date of the ordinance
25.28.100 Utilities. codified in this subsection, or reduce the number of said
014 25.28.110 Trash handling. games to four.
25.28.120 Signs. 2. If the applicant is refused a conditional use per-
25.28.130 Provisions for site plan review. mit,the individual shall reduce the number of said games
25.28.140 Special standards. to four within sixty days of denial of permit request.
25.28.150 Outdoor seating—Restaurants. D. Grocery stores;
25.28.160 Outdoor sealing--Commercial E. Hospital;
center. F. Hotels;
25.28.170 Incidental seating. G. Liquor stores;
H. Mortuary;
25.28.010 Purpose. 1. Public utility installation;
The intent and purpose of the C I district is to provide a 1. Restaurants,except for drive-in or drive-through;
W principal core area where a series of specialty and general K. Assembly, production and storage of products
commercial shopping facilities which are inherent within a normally sold or distributed from the place of business, if
resort community can be found by the residents of the city. conducted within a completely enclosed building, within
(Ord. 95 § I (part), 1975:Exhibit A §25.16-1) the intent and purpose of this district.The intent is to limit
wholesale uses in the core area commercial (C-1) zone.
25.28.020 Permitted uses. L. Outdoor sales of arts, crafts, clothing, goods,
y� The following uses and structures shall be permitted: wares and other merchandise;
A. Accessory buildings and structures; M. Residential dwelling units located above the first
B. Repealed; floor designed and maintained to be compatible with the
C. Medical offices and clinics; permitted or approved conditional uses on the first flooror
D. Offices;governmental,professional,administra- in the vicinity;
tive,and general business; N. Commercial communication towers subject to
E. Other commercial uses as determined by the plan- performance standards set forth at Chapter 25.104.(Ord.
ning commission which are deemed to enhance the charac- 817§2, 1996;Ord.791 Exhibit B(part), 1996;Ord.659§
ter of the community; I, 1991; Ord. 499 Exhibit A § 2, 1987; Ord. 355 (part),
t F. Personal services including but not limited to bar- 1983; Ord. 344, 1983;Ord.293 (part), 1982; Ord. 95 §
^7 ber or beauty shops,tailors,and dressmaking shops; (part), 1975: Exhibit A § 25.16-3)
G. Retail uses,including but not limited to,apparel,
furniture, appliances and other major household articles, 25.28.040 Prohibited uses.
variety goods,sporting goods,stationery,toys,art goods, The following uses are specifically prohibited in the
flowers and other plants,and boutiques; general commercial district:
H. Commercial communication towers subject to A. Industrial uses;
` performance standards set forth at Chapter 25.104.(Ord. B. Residential uses;
I
387 (Palm Dcsen Supp.N.. p
25.28.040
C. Any permitted use set forth in Section 25 28.020, 25.28.090 Off-street parking and loading
and any conditional uses as set forth in Section 25.28.030, requirements.
when such parcel contains any hillside area as set forth in All development ofoff-street parking shall comply with
Section 25.26.020.(Ord.428§2(part), 1985;Ord.95 § I the provisions of Chapter 25.58.(Ord.95 § I (part), 1975: _
(part), 1975: Exhibit A § 25.164) Exhibit A § 25.16-5.07)
25.28.050 Lot specifications. 25.28.100 Utilities.
The minimum lot area shall be ten thousand square feet. All development shall comply with the provisions of
The minimum lot depth shall be one hundred feet. Section 25.56.090 of this title. (Ord. 95 § I (part), 1975:
The minimum lot width shall be eighty feet.(Ord.95§ Exhibit A §25.16-5.08) -
I (part), 1975: Exhibit A §§25.16-5.01 —25.16-5.03)
25.28.110 Trash handling.
25.28.060 Minimum street frontage setback. A trash enclosure shall be provided for all uses,unless
The minimum street frontage setback shall be five feet. the proposed location of the trash area is completely en-
On comer lots buildings shall be setback a minimum of closed by walls or buildings.No freestanding trash enclo-
two feet for every foot of building height and shall not sure shall be constructed.No trash shall be allowed to ex-
encroach into the"daylight triangle"defined below. Said tend above or beyond the enclosure. (Ord. 95 § I (part),
setback shall be measured from the ultimate curb location. 1975: Exhibit A §25.16-5.09)
Said building height shall be measured from average curb
height adjacent to the property. 25.28.120 Signs.
"Daylight triangle"means the triangulararea formed by All signs shall be in compliance with Chapter25.68.
the ultimate curb lines and a base line connecting the two (Ord. 95 § I (part), 1975: Exhibit A § 25.16-5.10)
curb lines. The base line shall be established at a setback
distance of two feet for each foot of building height meas- 25.28.130 Provisions for site plan review.
ured from the midpoint on the radius of the curb at the All development shall be subject to site plan review as
intersection to form a right angle with the base line. See prescribed in Chapter 25.70. (Ord. 95 § I (part), 1975:
Figure 25.A at the end of Chapter 25.25. Exhibit A § 25.16-5.1 1)
On lots where the city has vacated right-of-way in favor
of a super block development concept,new buildingsshall 25.28.140 Special standards. _
not encroach into the vacated property and shall be setback A. All uses shall be conducted wholly within en-
as if the former property line was still in existence.Where closed buildings except those specifically approved to be
the city wishes to acquire property to implement a super conducted in the open.
block concept, said acquisition shall be accomplished B. Where the general commercial district abuts a
through purchase of the needed property rather than the residential district,a fence or wall six feet in height shall
trading of development rights. be located adjoining the property line except adjoining a
For purposes of this section "ultimate curb location" required front yard.All general commercial district prop-
means the curb location when the street is constructed to erty lines adjoining a residential district shall be land-
its ultimate width as shown in the circulation element of scaped with plant materials for an area ten feet in depth.
the general plan.(Ord.972 Exhibit A §2,2001: Ord. 128 C. All nonpaved areas shall be landscaped and
§ 6 (part), 1976: Ord. 95 § I (part), 1975: Exhibit A § treated or maintained to eliminate dust.
25.16-5.04) D. Wherever off-street parking areas are situated
across the street from property in a residential district, a
25.28.070 Building height. masonry wall or berm three feet in height shall be erected
The maximum building height shall be thirty feet.(Ord. within the required landscape area to adequately screen the
355 (part), 1983: Ord. 95 § 1 (part), 1975: Exhibit A § residential properties.
25.16-5.05) E. The noise level emanating from a commercial use
or operation shall not exceed five dB(A),above the ambi- ,
25.28.080 Maximum building site coverage. ent noise level on the site. If the commercial use is adja-
There is no maximum building site coverage in the C I cent or across a street or alley from a residential use or ,
district.(Ord.95 § I (part), 1975:Exhibit A§25.16-5.06) vacant residentially zoned lot and the increased ambient
noise level is above sixty-five dB(A)CNEL at the residen- .
l Palm lkwn supp.NO,11 388
25.28.140
r*
..r
tial lot line,the commercial operator shall provide mitiga-
tion of the noise by five dB(A) (if existing ambient is
above sixty-five dB(A) CNEL) or so that ambient noise
level is no higher than sixty-five dB(A)CNEL.
�- F. All mechanical equipment,including heating and
air conditioning units,shall be completely screened from
surrounding properties by use of a wall or fence or shall be
enclosed within a building.(Ord.298(part), 1982;Ord.95
§ I (part), 1975: Exhibit A §25.16-5.12)
25.28.150 - Outdoor seating—Restaurants.
A restaurant shall be entitled to use tables within an
outdoor patio for food service purposes without the provi-
sion of additional parking spaces based upon a ratio of one
outdoor table per five indoor tables up to a total of three
outdoor tables or a maximum seating capacity of twelve.
The addition of more than three tables will be deemed an
expansion of the use requiring a conditional use permit or
amendment. The location of outdoor tables shall meet all
health,safety and fire codes. (Ord.271 (part), 1981)
25.28.160 Outdoor seating--Commercial
center.
A commercial center may provide tables, chairs and
sunshades within a common area for use by the general
public withoutthe provision of extraparking.These tables
may not be reserved or associated with any particular
business within the center. Their location must meet all
applicable health, safety and fire codes. (Ord. 271 (part),
1981)
25.28A70 Incidental seating.
A takeout restaurant or retail food store under two thou-
sand square feet gross floor area which sells prepared food
shall be entitled to two serving tables or a maximum seat-
ing capacity of eight without reclassification as a restau-
rant for zoning purposes.These tables may be located in-
doors or in an outdoor patio. When three or more tables
are provided, the use shall be deemed a restaurant and a
conditional use permit must be obtained.(Ord.271 (part),
1981)
389 (Pahn Dcscrl Supp.No. I)
A �
25.34.010
Chapter 25.34 K. Warehouse or storage facilities;
L. The planning commission may,by resolution,permit
SI SERVICE INDUSTRIAL DISTRICT other uses which are similar and no more objectionable
than those enumerated in this section;
Sections: M. Adult entertainment establishments as permitted
2534.010 Purpose. by Chapter 5.88 subject to compliance of the specific use
2534.020 Permitted uses. with the locational requirements of Chapter 25.110 and
2534.030 Conditional uses. parking requirements of Chapter 25.58 of this code (i.e.
25.34.040 Accessory uses. adult bookstore shall comply with parking required for
2534.050 Prohibited uses. a bookstore in the general commercial C-1 zone).A parking ,
2534.060 Provisions for site plan review. requirement modification shall be available to businesses
2534.070 Lot specifications. which operate only between the hours of five p.m. and
2534.080 Yards. five a.m. subject to it being determined by the zoning
2534.090 Building height. administrator that there is adequate off-street parking
2534.100 Olf-street parking and loading available. (Ord.905 §7, 1999;Ord. 756 § 2(Exhibit A),
requirements. 1994; Ord. 96 § 1 (part), 1975: Exhibit A § 25.20-2)
2534.110 Utilities.
2534.120 Trash handling. 534.030 Conditional uses.
253 t 4.130 Signs. The following uses shall be permitted subject to a
2534.140 Access. conditional use permit:
2534.150 Outside storage. A. All service industrial uses located within a
2534.160 Required landscaping. redevelopment project area,limited to completely screened,
2534.170 Perimeter screening. open yard, vehicle storage areas;
2534.180 Special standards. B. Industrial planned unit developments (DUDS);
C. Commercial communication towers subject to
2534.010 Purpose. performance standards set forth at Chapter 25.104;
The intent and purpose of the service industrial district D. Residential dwelling units located above the first
is to allow for the manufacture, distribution and service floor designed and maintained to be compatible with the
thereof of products intended for local usage within Palm permitted or approved conditional uses on the first floor
Desert,its sphere of influence and surrounding cove com- or in the vicinity. (Ord. 880 §2 (Exhibit A), 1998; Ord.
munities.Industrialism of any larger magnitude would not 817 § 6, 1996; Ord. 162 § 2, 1977:Exhibit A § 25.20-3)
be in keeping with the intended residential,resort,recre-
ational character of the community,and therefore would 2534.040 Accessory uses.
not be permitted. (Ord. 96 § 1 (part), 1975: Exhibit A § The following accessory uses shall be permitted:
25.20-1) A. Accessory structures and uses located on the same
site as a permitted or conditional use;
2534.020 Permitted uses. B. Incidental services for employees on a site occupied
The following uses shall be permitted: by a permitted or conditional use;
A. Equipment maintenance and storage facilities; C. Watchman's or caretaker's living quarters only when ,
B. Maintenance facilities(bulk laundering,janitorial, incidental to and on the same site as a permitted or condi-
etc.); tional use.(Ord.96§ 1 (part), 1975:Exhibit A§25.20-4)
C. Mortuaries; /
D. Pest control facilities; 2534.050 Prohibited uses.
E. Preparation of foodstuffs (no processing) e.g., The following are prohibited uses in any SI district:
baking, bottling, etc.; A. Dwelling units; '
F. Production of home and office decor accessories; B. Other uses and structures which the director of
G. Public utility and public service facilities; environmental services determines do not fall within the '
H. Support facilities for local construction,renovation intent and purpose of this district; '
and installation of related equipment; C. Any permitted use set forth in Section 25.34.020,
I. Uses customarily related to any of the uses listed and any conditional uses as set forth in Section 25.34.030,
in this section; or any accessory uses as set forth in Section 25.34.040 '
J. Completely screened vehicle service and storage
facilities;
trrm Dam 10-99> 396
�i
A '
• 25.34.050
when such parcel contains any hillside area as set forth
in Section 25.32.020. (Ord.428§ 2(part), 1985;Ord-96
' § I (part), 1975: Exhibit A § 25.20-5)
25.34.060 Provisions for site plan review.
All developments shall comply with the requirements
for site plan review as prescribed in Chapter 25.70.(Ord.
96 § I (part), 1975: Exhibit A § 25.20-6)
25.34.070 Lot specifications.
The minimum lot area shall be twenty thousand square
feet.
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City of Palm Desert SERVICE w+B
INDUSTRIAL U 15
AREAS
Miles
CITY OF PALM DESERT
Community Development/Planning
STAFF REPORT
REQUEST: Approval of a zoning ordinance amendment, Chapter 25.34.030
(Conditional Uses), to add the following provision: "Outdoor sales of
arts,
SUBMITTED BY: Ryan Stendell, Planning Technician
APPLICANT: City of Palm Desert
CASE NOS. ZOA 04-03
DATE: November 18, 2004
CONTENTS: Recommendation
Discussion
Draft Ordinance No.
Legal Notice
Planning Commission Staff Report dated: October 19, 2004
Planning Commission Resolution No. 2298
City Map showing affected areas
Recommendation:
That the City Council pass Ordinance No. to second reading.
Discussion:
Background:
At the meeting of October 51h, 2004 the Planning Commission was asked to
review a Miscellaneous/Determination of Use Not Listed regarding outdoor sales
in the Service Industrial Zone (S.I.). The request was in connection with an
application to display paintings and sculpture at the Art Place (41-801 Corporate
Way) in the Cook Street Industrial Park. Every Commercial Zone except the S.I.
zone allows appropriate outdoor sales as a conditional use. Based on the
determination that many uses within the S.I. zone are similar to those in other
commercial zones, the Planning Commission initiated a Zoning Ordinance
Amendment adding outdoor sales to the S.I. zone.
_j
v
Staff Report
ZOA 04-03
Page 2
November 18, 2004
At its meeting of October 191h, 2004 the Planning Commission adopted
Resolution No. 2298, recommending approval of ZOA 04-03 to the City Council.
The enclosed amendment, if approved, will add the following provision to section
25.34.030 (Conditional Uses), "Outdoor sales of arts, crafts, clothing, goods,
wares and other merchandise." Through the CUP process the Planning
Commission will determine the appropriateness of each application.
Submitted by: Department Head:
Ryan Stendell Phil Drell
Planning Technician Director of Community Development
Approval:
s �
Homer Croy
ACM Development Services
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City of Palm Desert SERVICE w+E
INDUSTRIAL o S 1.5
a.",, AREAS �
Miles
ORDINANCE NO: 1087
l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION: "THE DISPLAY
OF ART, PROVIDED SUCH DISPLAY DOES NOT IMPACT
THE AMOUNT OF PARKING ON THE PROPERTY."
CASE NO. ZOA 04-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the
18th day of November, 2004, hold a duly noticed public hearing to consider the request
of the City of Palm Desert, for approval of the above noted zoning ordinance
amendment; 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. 02-60," in that the Director of Community Development has determined
that the project is a Class 32 categorical exemption for purposes of CEQA and no
further documentation is necessary; 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 ,,6pproval of said zoning
�JI ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
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 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 City Council in this case.
2. That the City Council approval of a Zoning Ordinance text amendment as
I provided in the attached Exhibit "A."
1f.
ORDINANCE NO: 1087 r
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council this 9th day of December, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/YJIJ.LcT� '
ROBERT A. SPIEG y r
ATTEST:
CHELLE D. KLASS N, City Clerk
CITY OF PALM DESERT, CALIFORNIA ` �
ORDINANCE NO: 1087
b
EXHIBIT "All
Section 1:
That the following provision be added to Section 25.34.030:
E. The display of art, provided that such display does not impact amount of
parking available on the property.
J
.L
a ORDINANCE NO: 1087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION: "THE DISPLAY
OF ART, PROVIDED SUCH DISPLAY DOES NOT IMPACT
THE AMOUNT OF PARKING ON THE PROPERTY."
CASE NO. ZOA 04-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the
18th day of November, 2004, hold a duly noticed public hearing to consider the request
of the City of Palm Desert, for approval of the above noted zoning ordinance
amendment; 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. 02-60," in that the Director of Community Development has determined
that the project is a Class 32 categorical exemption for purposes of CEQA and no
further documentation is necessary; 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
l did find the following facts and reasons to exist to justify .approval of said zoning
�Jl ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
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 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 City Council in this case.
2. That the City Council approval of a Zoning Ordinance text amendment as
provided in the attached Exhibit "A."
ORDINANCE NO: 1087
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert L-
City Council this 9th day of December, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT
: NONE
ABSTAIN: NONE
/leS.u9��•
ROBERT A. SPIEG y r
ATTEST:
RP%CHEuLE D. KLASS i'J, City Clerk
CITY OF PALM DESERT, CALIFORNIA `
ORDINANCE NO: 1087
F-
EXHIBIT
Section 1:
That the following provision be added to Section 25.34.030:
E. The display of art, provided that such display does not impact amount of
parking available on the property.
J .