Loading...
HomeMy WebLinkAboutZOA 09-81 OUTDOOR SEATING 1981 ORDINANCE NO. 271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAL14 DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO CHAPTER 25. 28 CONCERNING PROVISIONS FOR SEATING. FOR RESTAURANTS AND RETAIL FOOD STORES . CASE NO. ZOA 09-81 WHEREAS, the City Council of the City of Palm Desert , California did on the 24th day of September , 1981 , hold a duly noticed Public Hearing to consider an amendment of the Zoning Ordinance pertaining to Chapter . 25 . 28 , concerning seating for restaurants and retail food stores ; and , WHEREAS, the Planning Commission, by Resolution No. 736 has recommended approval; and, 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 will not have a significant adverse .impact on the environment and a Negative Declaration has been prepared; and, WHEREAS , at said Public Hearing, upon hearing and considering all testimony and arguments , if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve 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 ,lZoning Ordinance Amendment would better serve l the public' health, safety, and general welfare, than Jthe current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert , as follows : 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2 . That it does hereby approve a Zoning Ordinance Text Amendment , as provided in the attached exhibit , labeled Exhibit "A" , to amend Municipal Code Section 25 . 28 . 3 . That said Negative Declaration is hereby approved. 4. The City Clerk is directed to publish -this ordinance once in the Palm Desert Post, a newspaper of general circulation, published. and circulated in the City of Palm Desert , and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of October 1981 by the following vote, to wit : AYES : McPherson, Puluqi, Snyder & Wilson NOES : Newbrander ABSENT: None ABSTAIN : None ROY� ILSON, Ma r ATTEST: / �? SHEILA R. GI LIGAN, y Clerk City of Palm Desert , alifornia CITY COUNCIL ORDINANCE NO. 271 PAGE TWO EXHIBIT "A" 1. Section 25 . 28 . 150 SHALL READ AS FOLLOWS : 25 . 28 . 150 Outdoor Seating - Restaurants . A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision 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 . 2. Section 25 . 28 . 160 SHALL READ AS FOLLOWS : 25. 28 . 160 Outdoor Seating - Commercial Center. A commercial center may provide tables , c airs and sunstiades within a common area for use by the general public without the pro- vision of extra parking. 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 . 3 . Section 25 . 2P . 170 SHALL READ AS FOLLOWS : 25 . 28. 170 Incidental Seating. A takeout restaurant or retail food store under 2 , 000 square feet gross floor area which sells prepared food shall be entitled to two (2) serving tables or a maximum seating capacity of eight (8) 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. k' 1 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-06II CITY OF PALM DESERT LEGAL NOTICE AN AMENDMENT TO MUNICIPAL CODE CHAPTER . 25.28 CONCERNING SEATING PROVISIONS FOR RESTAURANTS AND RETAIL FOOD ESTABLISH- MENTS, A CLASS 5 CATEGORICAL EXEMPTIONS FOR PURPOSES OF CEQA. CASE NO. ZOA 09-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an amendment to Chapter 25.28 of the Municipal Code conerning seating provisions for restaurants and retail food stores initiated by the Palm Desert Planning Commission. SAID Public Hearing will be held on September 24, 1981 , at 7:00 p.m. in the Council Chambers in 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: Palm Desert Post September 10, 1981 MINUTES PALM DESERT PLANNING COMMISSION MEETING AUGUST 19, 1981 Page Four Vice Chairman Kryder closed the public hearing. Motion was made by Commissioner Richards, seconded by Commissioner Wood, to continue this matter to September 1, 1981. Carried (4-0) . fc. )Case No. ZOA 09-81 - CITY OF PALM DESERT, Applicant Consideration of an amendment to Municipal Code, Chapter 25.28 concerning seating for restaurants and retail food stores. Mr. Drell reviewed the staff report and recommended approval . Commissioner Berkey asked staff if additional tables were requested in the E1 Paseo stores, would parking be considered. Mr. Diaz replied that it would. Vice Chairman Kryder opened the public hearing and asked for input from the audience. There was none; the public hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 736, recommending to the City Council approval of an amendment to Municipal Code, Chapter 25.28, concerning provisions for seating for restaurants and retail food stores. Carried (4-0) . VII. CONSENT CALENDAR - NONE VIII . DESIGN REVIEW BOARD ITEMS Preliminary plan approvals by the Design Review Board at their meeting of August 11, 1981, requiring Planning Commission confirmation. Case No. 154 C - SOUTHLAND CORPORATION Mr. Smith briefly summarized this case and recommended approval . Motion was made by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 737, confirming the Design. Review Board's action of August 11, 1981. Carried (4-0). IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS Commission expressed their gratitude to Commissioner Berkey for his services; and instructed staff to prepare a Resolution of Commendation. XI. ADJOURNMENT Motion was made by Commissioner Richards, seconded by Commissioner Wood, to adjourn the meeting at 3:53 p.m. Carried (4-0). RAMON DIAZ, Secretary ATTEST: GEORGE KRYDER, Vice Chairman /lr CITY OF PALM DESERT STAFF REPORT TO: PLANNING COMMISSION REPORT ON: ZONING ORDINANCE AMENDMENT APPLICANT: CITY OF PALM DESERT CASE NO: ZOA 09-81 DATE: August 19, 1981 I. REQUEST: Amendment to Municipal Code Chapter 25.28 concerning provisions for seating for restaurants and retail food stores. II. BACKGROUND: A. CASE INITIATION: This Amendment was initiated by the Planning Commission by minute motion July 15, 1981 . B. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed amendment is a Class 5, categorical exemption for purposes of CEQA. III. DISCUSSION: At the June 2, 1981 , Public Hearing concerning the E1 Paseo Sandwich Shoppe, the Commission requested zoning ordinance changes allowing outdoor expansion of restaurant eating facilities. Presently, the parking ordinance requires that any expansion of eating area necessitates additional parking. Since most existing restaurants do not have vacant land to develop new parking, a variance is required. The required finding generally cannot be met effectively prohibiting outdoor seating expansion. The recommended changes would allow restaurants to add a limited number of outdoor tables without additional parking. Small retail food stores (delis , take out restaurants) could provide two tables inside or out with- out a conditional use permit or additional parking. Commerical centers could provide outdoor seating open to the general public within common areas. IV. PROPOSED ORDINANCE PROVISIONS: A. (New) 25.28.150 Outdoor Seating-- Restaurants - A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of three out- door tables. 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. Change: Presently any outdoor expansion of seating area requires additional parking and amendment of original conditional use permit. B. (New) 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 without the provision of extra parking. 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. STAFF REPORT CASE NO. ZOA 09-81 AUGUST 19, 1981 PAGE TWO C. (New) 25.28.170 Incidental Seating - A .takeout restaurant or retail food store under 2,000 sq.ft. gross floor area which sells prepared food shall be entitled to two (2) serving tables without re- classification 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. Change: Presently any on-site consumption of food necessitates reclassification as a restaurant, thus requiring conditional use permit and parking variance. V. STAFF RECOMMENDATION: Staff would recommend to the Commission that it adopt Planning Commission Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, recommending to the City Council that it approve Zoning Ordinance Amend ment 09-81 concerning provisions for seating for restaurants and retail food stores". PREPARED BY: APPROVED BY: 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 546-O311 CITY OF PALM DESERT LEGAL NOTICE AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.68 CONCERNING THE REGULATION OF SIGNS. A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA CASE NO. ZOA 08-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an amendment to Chapter 25.68 of the Municipal Code concerning the regulation of signs by the Palm Desert Planning Commission. SAID Public Hearing will be held on August 19, 1981 at 1 :00 p.m. in the Council Chambers in 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. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 6, 1981 `. 4k • CITY OF PALM DESERT STAFF REPORT TO: PLANNING COMMISSION REPORT ON: ZONING ORDINANCE AMENDMENT APPLICANT: CITY OF PALM DESERT CASE NO: ZOA 09-81 DATE: August 19, 1981 I. REQUEST: Amendment to Municipal Code Chapter 25.28 concerning provisions for seating for restaurants and retail food stores. II. BACKGROUND: A. CASE INITIATION: This Amendment was initiated by the Planning Commission by minute motion July 15, 1981 . B. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed amendment is a Class 5, categorical exemption for purposes of CEQA. III. DISCUSSION: At the June 2, 1981 , Public Hearing concerning the E1 Paseo Sandwich Shoppe, the Commission requested zoning ordinance changes allowing outdoor expansion of restaurant eating facilities. Presently, the parking ordinance requires that any expansion of eating area necessitates additional parking. Since most existing restaurants do not have vacant land to develop new parking, a variance is required. The required finding generally cannot be met effectively prohibiting outdoor seating expansion. The recommended changes would allow restaurants to add a limited number of outdoor tables without additional parking. Small retail food stores (delis, take out restaurants) could provide two tables inside or out with- out a conditional use permit or additional parking. Commerical centers could provide outdoor seating open to the general public within common areas. IV. PROPOSED ORDINANCE PROVISIONS: A. (New) 25.28. 150 Outdoor Seating-- Restaurants - A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of three out- door tables. 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. Change: Presently any outdoor expansion of seating area requires additional parking and amendment of original conditional use permit. B. (New) 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 without the provision of extra parking. 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. STAFF REPORT CASE NO. ZOA 09-81 AUGUST 19, 1981 PAGE TWO C. (New) 25.28.170 Incidental Seating - A takeout restaurant or retail food store under 2,000 sq.ft. gross floor area which sells prepared food shall be entitled to two (2) serving tables without re- classification 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. Change: Presently any on-site consumption of food necessitates reclassification as a restaurant, thus requiring conditional use permit and parking variance. V. STAFF RECOMMENDATION: Staff would recommend to the Commission that it adopt Planning Commission Resolution No. "A Resolution of the Planning Commission of the City of Palm Desert, California, recommending to the City Council that it approve Zoning Ordinance Amend ment 09-81 concerning provisions for seating for restaurants and retail food stores". PREPARED BY: APPROVED BY: PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.28 CONCERNING PROVISIONS FOR SEATING FOR RESTAURANTS AND RETAIL FOOD STORES, A CLASS 5 CATEGORICAL EXEMPTION ` FOR PURPOSES OF CEQA. f CASE NO. ZOA 09-81 IE WHEREAS, the Planning Commission of the City of Palm Desert, California , did on the 19th day of August, 1981 , hold a duly noticed Public Hearing to con- sider an amendment to Municipal Code Chapter 25.28 concerning seating for restaurants and retail food stores ; WHEREAS, said amendments have 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 deter- mined the project to be a Class 5 Categorical Exemption; and, WHEREAS, at said Public Hearing, upon hearing and considering the testi- mony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their recommendations as described below: 1 . Zoning Ordinance Text Amendment: a. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. b. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected Specific Plans. c. 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, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in these cases; 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance Text Amendment, as provided in the attached Exhibit "A" to amend Municipal Code Chapter 25.28. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of August, 1981 , by the following vote t0 wit: AYES: NOES: ABSENT: ABSTAIN: CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Secretary /pa PLANNING COMMISSION RE3kiLUTION NO. PAGE TWO EXHIBIT "A" 1 . Section 25.28. 150 SHALL READ AS FOLLOWS: 25.28.150 Outdoor Seating - Restaurants. A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of three outdoor J .. . tables. The addition of more than three tables will be deemed an expan- sion of the use requiring a conditional use permit or amendment. The location of outdoor tables shall meet all health, safety and fire codes. 2. Section 25.28. 160 SHALL READ AS FOLLOWS: 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 without the provision of extra parking. 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. 3. Section 25.28.170 SHALL READ AS FOLLOWS: 25.28. 170 Incidental Seating. A takeout restaurant or retail food store under 2,000 sq.ft. gross floor area which sells prepared food shall be entitled to two (2) serving tables 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. E INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: ZONING ORDINANCE CONCERNING OUTDOOR SEATING DATE: JULY 9, 1981 FOR FOOD ESTABLISHMENTS I. DISCUSSION At the June 2, 1981, Public Hearing concerning the E1 Paseo Sandwich Shoppe, the Commission requested zoning ordinance changes allowing outdoor expansion of restaurant eating facilities. Presently, the parking ordinance requires that any expansion of eating area necessitates additional parking. Since most existing restaurants do not have vacant land to develop new parking, a variance is required. The required finding generally cannot be met effectively prohibit- ing outdoor seating expansion. The recommended changes would allow restaurants to add a limited number of outdoor tables without additional parking. Small retail food stores (delis, take out restaurants) could provide two tables inside or out without a condi- tional use permit or additional parking. Commercial centers could provide out- door seating open to the general public within common areas. II. PROPOSED ORDINANCE PROVISIONS A. (New) 25.28.150 Outdoor Seating--Restaurants - A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of three outdoor tables. The addition of more than three tables will be deemed an expan- sion of the use requiring a conditional use permit or amendment. The location of outdoor tables shall meet all health, safety and fire codes. Change: Presently any outdoor expansion of seating area requires additional parking and amendment of original conditional use permit. B. (New) 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 without the provision of extra parking. 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. Change: Presently there are no provisions for outdoor tables within commercial center common areas. C. (New) 25.28. 170 Incidental Seating - A takeout restaurant or retail food store under 2,000 sq.ft. gross floor area which sells prepared food shall be entitled to two (2) serving tables 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. Change: Presently any on-site consumption of food necessitates reclassification as a restaurant, thus requiring conditional use permit and parking variance. III. STAFF RECOMMENDATION Instruct staff to set a public hearing date to consider the proposed zoning ordinance amendments.