HomeMy WebLinkAboutZOA 07-83 AUCTION HOUSES 1983 8
CITY OF PALM DESERT
TRANSMITTAL LETTER
TO: Honorable Mayor and City Council
REQUEST: Amendment to municipal code to allow auction houses or galleries in
the C-1 zone with the issuance of a conditional use permit.
APPLICANT: City of Palm Desert
CASE NO: ZOA 07-83
DATE: August 25, 1983
CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes Involving Case No. ZOA 07-83
E. Planning Commission Resolution No. 871
F. Planning Commission Staff Report Dated August 2, 1983
G. Related Maps and/or Exhibits
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A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. , to second reading.
B. DISCUSSION:
This proposed amendment was initiated by the planning commission. The C-1 zone
presently does not permit auction houses. The proposed amendment, if adopted,
would permit auction houses in the C-1 zone subject to the issuance of a
conditional use permit.
No person spoke in favor or in opposition to the proposed amendment at the
planning commission hearing. The planning commission unanimously adopted its
Resolution No. 871 recommending approval of the proposed amendment (motion
carried 4-0 with Chairman Wood absent).
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CITY COUNCIL ITEMS - AUGUST 2511983
PUBLIC HEARING:
A. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO ALLOW AUCTION
HOUSES OR GALLERIES IN THE C-1 ZONE WITH THE ISSUANCE OF A
CONDITIONAL USE PERMIT, CITY OF PALM DESERT, APPLICANT. CASE NO.
ZOA 07-83.
Rec: Waive further reading and pass Ordinance No. to second reading.
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August 5, 1983
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 07-83
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council, to consider a request by the City of Palm Desert to allow auction houses or
galleries in a C-1 zone with a conditional use permit.
SAID public hearing will be held on August 25, 1983, at 7:00 P.M. in the council chamber
at the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard.
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
PUBLISH: Desert Post
August 12, 1983
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PLANNING COMMISSION RESOLUTION NO. 871
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT, REGARDING CONDITIONAL USES IN THE C-1
ZONE.
CASE NO, ZOA 07-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of August, 1983, hold a duly noticed public hearing to consider a zoning
ordinance text amendment to allow auction houses in the C-1 zone with a conditional use
permit.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project is a Class 5, categorical exemption and therefore, no further review is
necessary.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
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.
a 3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of August, 1983, by the following vote, to wit:
AYES: CRITES, DOWNS, KRYDER, RICHARDS
NOES: NONE
ABSENT: WOOD
ABSTAIN: NONE
JAMES RICHARDS, Vice Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNING COMMISSION RESOLUTION NO. 871
EXHIBIT "A"
Section 25.28.030 Conditional Uses - is hereby recommended for amendment by adding
subsection "K" as follows:
25.28.030 Conditional uses. The following uses shall be permitted subject to a
conditional use permit:
A. Accessory structures and uses located on the same site as the conditional
uses;
B. Automobile service stations, as specified in Section 25.56.330;
C. Amusement and recreation establishments including but not limited to
theaters and amusement arcades;
D. Grocery stores;
E. Hospital;
F. Hotels, not exceeding twenty-four units per acre;
G. Liquor stores;
H. Mortuary;
I. Public utility installation;
J. Restaurants, except for drive-in or drive-through; and
K. Auction houses.
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MINUTES
PALM DESERT PLANNING COMMISSION
AUGUST 2, 1983
Commissioner Crites suggested that the city engineer and the developer meet to
resolve how much of a fee would be necessary for the drainage. He also suggested
that alternatives be investigated (i.e. bonding).
Commissioner Richards asked if anyone present wished to speak in FAVOR or
OPPOSITION to this project.
MR. WILLIAM COX, president of the Cahuilla Hills Property Owner's
Association, 71-555 Jaguar, stated that his main concern was safe access to
Highway 74 from his area. He felt that there should be some system
provided for safe traffic access to the highway once Bella Vista is
developed.
Mr. Diaz responded that signalization was not warranted at this time and the
highway would be widened as a part of this development. Mr. McClellan also
explained that a turning lane is proposed to be constructed.
MR. ALAN SHACK, vice president of Cahuilla Hills Homeowner's
Association, requested the public hearing be continued to give the area
homeowners who could not attend the meeting tonight a chance to give
testimony. He strongly opposed the project because he felt it would create
some adverse ecological affects, traffic impact, sound impacts, and light
impacts. He felt that the original idea was to maintain a "vacation" or
"homestead" area. He also felt wildlife would be affected. He pointed out
that previous studies showed the geological character of the area to be
unfavorable. Mr. Shack wanted a clarification as to what type of
recreation is proposed and where fencing of the project would be
constructed.
Commissioner Crites asked staff to respond to the geological study. Mr. McClellan
was not aware of any studies in that area but the State Map Act requires that all
subdivisions have soils investigations.
Mr. Romella described the types of recreation (tennis, swimming, etc) and
explained that only the immediate area of recreation would be fenced, none of the
open space would be.
The major issues were again clarified by Commissioner Richards as: 1) Hillside
zone, 2) the deletion of the 10-a area (conditional hotel), 3) open space dedication,
and 4) the "will serve" letter by CVWD.
Moved by Commissioner Crites, seconded by Commissioner Downs, to continue this
case to meeting of September 6, 1983, to allow further public testimony and allow
applicant and staff to clarify issues; carried unanimously 4-0.
CB� CASE NO. ZOA 07-83 - CITY OF PALM DESERT, Applicant
Proposed amendment to allow auction houses or galleries in
the C-1 zone with a conditional use permit.
Mr. Diaz reviewed the staff report and indicated that this amendment was initiated
because of a request for an auction house on Highway III by Mr. Arthur Levine.
Staff recommended approval.
Commissioner Richards opened the public hearing and asked if anyone present
wished to speak in FAVOR or OPPOSITION to this matter. There being none, the
public hearing was closed.
Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 871, recommending approval of ZOA 07-83 to
the city council; carried unanimously 4-0.
C. CASE NO. CUP 16-83 - ARTHUR LEVINE, Applicant
Request for approval of a conditional use permit to allow
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City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: August 2, 1983
CASE NO: ZOA 07-83
PROPOSED AMENDMENT:
To allow auction houses or galleries in C-1 zone with a conditional use
permit.
INITIATED BY:
CITY OF PALM DESERT
I. BACKGROUND:
This amendment was initiated by the planning commission at the request of the
Levine/Lanus Limited Partnership. Levine/Janus wish to open an auction house or
gallery in the C-1 zone on Highway 111.
II. DISCUSSION•
The C-1 zone presently does not permit auction houses under any circumstance.
An auction house differs from a retail use in that the items which normally are
from bankruptcies or estates, are sold in a bidding format to the person willing to
pay the most money. Auctions are normally held in a large room with the number
of persons varying from several to many hundreds. The proposed amendment would
allow auction houses or galleries in the C-1 zone with approval of a conditional use
permit. The conditional use permit requirement allows the city to maintain control
of the operation through conditioning of the approval. Furthermore, it would
provide a means to deny the use if the proposed location is not compatible with the
neighborhood.
The planning commission at the July 5, 1983, meeting, at which time this
amendment was initiated, indicated that auction houses were generally acceptable
with restrictions. These restrictions would insure that they do not become
detrimental to the neighborhood due to parking demands created by large gathering
of buyers. The planning commission also noted the conditional use permit would
also permit them to review the use in the future should any problems arise.
III. ENVIRONMENTAL REVIEW:
This amendment has complied with the requirements of the City of Palm Desert
procedures to implement the California Environmental Quality Act, Resolution No.
80-89, in that the director of environmental services has determined that the
project is a Class 5, categorical exemption.
IV. RECOMMENDATION:
Should the planning commission wish to allow auction houses in the C-1 zone with a
conditional use permit, staff recommends that the planning commission adopt
Planning Commission Resolution No. , recommending approval of ZOA 07-83
to the city council.
"A Resolution of the Planning Commission of the City of
Palm Desert, California, recommending approval to the
City Council of an amendment to the zoning ordinance text,
regarding conditional uses in the C-1 zone."
V. ATTACHMENTS:
A. Draft Resolution
B. Minutes of July 5, 1983, planning commission meeting.
Prepared by
Reviewed and Approved by
ty
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PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT, REGARDING CONDITIONAL USES IN THE C-1
ZONE.
CASE NO. ZOA 07-83
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of August, 1983, hold a duly noticed public hearing to consider a zoning
ordinance text amendment to allow auction houses in the C-1 zone with a conditional use
permit.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the director of environmental services has determined that
the project is a Class 5, categorical exemption and therefore, no further review is
necessary.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of August, 1983, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 25.28.030 Conditional Uses - is hereby recommended for amendment by adding
subsection "K" as follows:
25.28.030 Conditional uses. The following uses shall be permitted subject to a
conditional use permit:
A. Accessory structures and uses located on the same site as the conditional
uses;
B. Automobile service stations, as specified in Section 25.56.330;
C. Amusement and recreation establishments including but not limited to
theaters and amusement arcades;
D. Grocery stores;
E. Hospital;
F. Hotels, not exceeding twenty-four units per acre;
G. Liquor stores;
H. Mortuary;
I. Public utility installation;
J. Restaurants, except for drive-in or drive-through; and
K. Auction houses.
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MINUTES
PALM DESERT PLANNING COMMISSION
JULY 5, 1983
M Diaz explained that in those zoning cases involving tentative tract or
par 1 maps, applicants may request a one-ye time extension and no limit was
estab hed on the number of such requests In those cases involving tentative
maps, a time limits were to run conc ently with the tentative maps. The
commissi has established a policy of t continuances on public hearing items in
order to a id the inconvenience to surrounding property owners of having to
return numer s times to testify on a same case.
Commissioner Ri ards stated h was satisfied with the clarification as presented.
Moved by Commissi er Ri ards, seconded by Commissioner Kryder, to approve
the consent calendar i ms s presented by staff; carried unanimously 4-0.
VIL PUBLIC HEARINGS - ON
VIII. MISCELLANEOU MS
A.. JOHN TEN - Proposed h sing development in the industrial zoned area
south Hovley Lane, east of C k Street.
MR. JOHN OOTEN was present during a study session prior to the meeting for
a discussi n of his proposal.
Mr. H ten's proposal concerned the potent 1 development of an apartment
compl x on 7 acres at the south side of Hovley L e and east of Cook Street. The
prop ty is currently zoned for industrial uses. A ng the concerns raised by the
co fission were 1) the impact of rezoning on the ci 's industrial acreage; 2) the
re elevations of the structures; 3) and the possible a of garages in place of
C.
rports for covered parking.
Mr. Hooten will be submitting appropriate applications in the ear future; and will
revise his proposal to address the design issues raised.
It was concl of the acrea a involved, cause of its
ocation and the current amount of vacant industrially zoned lan , a ng would
not impact the city's industrial zoning requirements.
B. LEVINE JANUS, LTD. - Proposed auction gallery in the Palms to Pines
Plaza Shopping Center.
Mr. Diaz presented the request noting that a code amendment is required to allow
an auction house in the C-1 zone. He also noted that the proposed location of this
request had been changed to the Palm Desert Glass Company building on Highway
Ill.
MR. ARTHUR LEVINE, 15580 Desert View Road, Whitewater, explained
that he wished to open a high quality auction house which deals primarily
with estate sales and bankruptcies. Mr. Levine presented a petition signed
by neighboring businesses supporting his proposal.
In response to a question from Commissioner Kryder, Mr. Levine indicated that his
business would primarily be that of an auction house as opposed to a retail store.
MR. ED BERKLEY, 41511 Bob Hope Drive, Rancho Mirage, property owner
of the proposed use, requested approval of the request to initiate a code
amendment to allow auction houses in the C-1 zone.
MS. CONNIE DOUDA, 71621 Mirage Road, Rancho Mirage, manager of the
Palm Desert Glass Co., noted that surrounding businesses favored the
proposed use.
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MINUTES
PALM DESERT PLANNING COMMISSION
JULY 5, 1983
Commissioners Richards and Downs noted they did not object to this type of
operation provided there were restrictions placed through the CUP to insure
compatibility with the surrounding area.
Mr. Diaz clarified that this action is not an approval but starts the code
amendment procedure. He further indicated that Mr. Levine's conditional use
permit could be processed concurrently with the code amendment. Commissioner
Richards indicated to Mr. Levine that the permit does allow future city review
should problems arise.
Moved by Commissioner Kryder, seconded by Commissioner Richards, to instruct
staff to prepare an ordinance revision to allow auction houses in a C-1 zone with a
conditional use permit; carried unanimously 4-0.
X. OMMENTS - NONE
XI. ADJOURN
Chairman Wood adjour d t eting at 7:30 p.m.
RAMO DIAZ, Secretary
ATTEST:
LPH B. WOOD, Chairman
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June 16 , 1983
Chairman and Members of the
Palm Desert Planning Commission
P.O. Box 1977
Palm Desert , CA 92260
Gentlemen:
I would like to take this opportunity to introduce myself and my
business intentions. My name is Arthur Levine and I have been an
auctioneer for 23 years and I am licensed in all states as an
auctioneer. I am pleased to say that I have established an excel-
lent reputation for competence and integrity within my field.
It is my intention to open an at .t�n gallery in the city of Palm
Desert in the Palms to Pines Plaza''Skiopping Center to be known as
Morgan Auction Galleries . I have tentatively selected the above
site because it has ample parking and the quality of the shopping
plaza under consideration is high, thereby complimenting the quality
items that my gallery shall deal in. More specifically, I intend
to be auctioning antiques , glassware, estate jewelry, and other
similar objects of art.
Additionally, the gallery will contain an appraisal service. The
gallery .is only interested in dealing with merchandise of quality,
and for that reason, the clientele which the gallery will attract,
will be people and families of merit who are interested in the finer
material things in life.
It is my intention to have said gallery open for business Friday
through Tuesday , from 10 :00 a.m. to 5 :00 p.m. Additionally, I intend
on conducting three auctions per week on Friday night, Saturday night,
and Sunday night at 8 :30 p.m.
It is also my intention to create a dignified auction gallery and it
my intention to advertise same through the Indio and Palm Desert
daily newspapers , the Desert Sun, Key Magazine, and on radio and
television. Such advertisements will be designed to accentuate the
high quality of the merchandise for sale and will communicate the
services , dignity, integrity, and quality merchandise which the
Morgan Auction Galleries shall offer.
By way of this letter, I am respectfully seeking approval of the
Palm Desert Planning Commission for purposes of opening my auction
gallery within your fine city. My partner is .Dr. W. L. Janus of
Palm Springs , and we certainly invite any further inquiry you may have .
Respectfully Subm ted,
4nu's
iev mi ar nerrsnip
ner) .
by Arthur Levine (General art
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AGENDA
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - JULY 5, 1983
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
A STUDY SESSION WILL BE HELD IN THE CITY MANAGER'S OFFICE PRIOR TO THE
MEETING AT 5:00 P.M.
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE.
III. ROLL CALL
IV. APPROVAL OF MINUTES: June 21, 1983
Action:
V. SUMMARY OF COUNCIL ACTION
V1. CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
enacted by one roll call vote. There will be no separate discussion of these items
unless members of the planning commission or audience request specific items be
removed from the consent calendar for separate discussion and action.
A. ' Case No. CUP 04-91 and 150 C - ROMEO'S STEAK HOUSE - Request for a
one year time extension for CUP 04-81 and 150 C for an addition to an
existing restaurant at 73-340 Highway 111.
.B. Case No. DP 05-81 - WAGNER-STANFORD CONSULTANTS, INC. - Request
for a six month time extension for the construction of a 47 unit
condominium project on the north side of Hovley Lane, 2600 feet east of
Monterey Avenue.
C. Case No. TT 14998 and DP 11-79 - WAGNER-STANFORD CONSULTANTS,
INC. - Request for a one year time extension for the construction and sale
of a 28 lot subdivision containing 22 condominium units on 4.75 acres
located on the southwest corner of Hovley Lane and Portola Avenue.
D. Case No. TT 17148 and CUP 02-82 - PIONEER MORTGAGE SALES
COMPANY - Request for a 12-month time extension to convert an existing
nine unit apartment complex to a condominium, located on the south side of
Shadow Mountain Drive, 850 feet east of Lupine Lane.
Rec: Approve consent calendar items as presented by staff.
Action:
VII. PUBLIC HEARINGS - NONE
IX. MISCELLANEOUS ITEMS
A. JOHN HOOTEN - Proposed housing development in the industrial zoned area
south of Hovley Lane, east of Cook Street.
rAction*
LEVINE JANUS, LTD. - Proposed auction gallery in the Palms to Pines
Plaza Shopping Center.
Action:
AGENDA
PALM DESERT PLANNING COMMISSION MEETING
JULY 5, 1983
X. ORAL COMMUNICATIONS
Any person wishing to discuss any items not on the agenda may address the
planning commission by stepping to the lectern and giving their name and address
for the record. Remarks shall be limited to a maximum of five minutes unless
additional time is authorized by the planning commission.
XI. COMMENTS
XII. ADJOURNMENT
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