HomeMy WebLinkAboutZOA 86-6 COMMERCIAL USES 1987 PROOF OF PAICATION This space Is fa -,.A County Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Riverside
I am a citizen of the United States and a CITY OF PALM DESERT
resident of the County aforesaid; I am over
fhe age of eighteen years, and not a party to Proof of Publication of
or Interested in the above-entitled matter. I ASE No zoA 86-6
am the principal clerk of the printer of the ........................•••
DESERTPOST .................................
.................................................... CITY OF PALM DESERT —` "_0i
LEGAL NOTICE ,
...................................I..........:..... CASENO.ZOA88.8 �y(�'
a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN chat a public hdAringi 1 b6)*'!
before the Palm Desert City Council to conside lamen Ch teF'
lj i week 1 25.28 of the ZoningOrdinance specifically related lolction 20
Y
andpublished ..................................y and 030,permitted uses and conditional uses lh C 1%era"LSn= I
pmercial zone. g,g�a- - '
Pa 1 m Desert I SAID public hearing will be held on Thursday, FehrU_(y 26,E,I;7,
In the City Of .................................. at 7 00 p.m,in the Council Chamber at the Pal n'DEfSart Cil/yf���'1,
1' 73-510 Fred Waring Drive, Palm Desert,California,atrwhichPlithe
County of Riverside, and which news- and place all interested persons are invited to attend and beh Vd.
R you challenge the proposed actions in court you a be - e9
paper has been adjudged a newspaper v g P p y n,r
of general circulation b the Superior p raising only those issues you or someone else raised Yor-
y p i public hearing described in this notice, Zr in writte or-
Court of the County of Riverside, State of respondence delivered to the planning commission(o[city.._ `dB)
at,or prior to,the public hearing.
' SHEIt$:��tLlTti"A�,
California,under the date of..1 V5, 19 64 , ciy'clerk
City of Palm Desert
(Pub.D.P.Feb.13,1987)
Case Number 8365.8.......; that the notice,
of which the annexed Is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
........UI 3.....................................
'all In the year 19..8.7.
1 certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at.RA1.v..P.9.4At.0.....................
California,this. 3/th..day 01. Feb: 19.a7.
Sigf) Lure
Free copies of this blank form maybe secured from I
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Weal Second St., Los Angeles,Calif. 90012
Telephone: (213) 625.2541
Pleiee repeesl GENERAL Proof of Publication
when ardfrine this farm.
PROOF OF PUBMATION Thlsspacelsfortt junlY Clark'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 the County aforesaid; I am over
the ageof eighteen years, and not a party to Proof of Publication of
or interested in the above-entitled matter. I CITY OF PALM DESERT.•...........................
am the principal clerk of the printer of the ................... •••••
DESERT POST •„ Case No: ZO( ,>3Fi;�,,,,1�9a1..NoCioe........••.
.................................. P e
�OAFTY OF PALM
41
O LEGAL NOTICE
ZO I 86e?r
a newspaper of general circulation, printed CASENO
AOT HEREBY GIVEN that a public hearing will be held
Bi—weekly •• •• •_• `before the Pelm Desen Planning Commission to consider,
and published ..a...........
amending Chapter 25.2E of lthean Zoning Ordinance oconSpecifically,
.related to Sections 020 ari,030, permitted uses and ,cool
In the City of ..:P.a1a.De•ear.t............. ditionatusesinc-1,generalcommercialzone.
County of Riverside, and which news- + SAID public hearin will beheidan Tuesday,January 8,19871
paper has been adjudged a newspaper cep e°is sio F ed Waring Deive.ePalm Desert,Celiforr at the P81M nielvlatl
Of general circulation by the $UpeflOf which time and place all interested persons are Invited t�j
Court of the County of Riverside, Slate of attend and be heard. II you challenge the proposed actions iI
,court, you may be limited to raising only those Issues you 01
California,under the date of
10/5 19 64 someone else raised at the public hearing described n IN
,notice,or in written correspondence delivered to the planning
,
8 3 6 S B commission(or city council)at,or prior 10,the Public hearing.4
RAMON A.DIA2,Secretary
Case Number ................: that the notice,
Palm Desert Planning Commission
of which the annexed is a printed copy (set (Pub.D.P.Dec.24 and 2B,,lges)
in type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
Dec. 24 �86
.................... .? ........................
all In the year 19.8b..
1 certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at....l'.eJ 9t.Re.eRf.F...................
7Cal ornla,lhlss 2�4tth . day of...Plr, 19 86..
. . ' ...........................
Be rn i Brown Signature / �C/►n�O
)� �C
7 Irh copies dthis blank form mrYa MwrfA lr*ml �. C p
CALIFORNIA NEWSPAPER E C. SERVICE o
�nahC O �986
Legal Advertising Clearing House a �epf
120 west Second St., Los Angeles, Calif. 9W12
Telephonei (213) 625.2541
when""iM IM\Mrml IV�IIt�tIM
CITY OF PALM DESERT
TRANSMITTAL LETTER
1. TO: Honorable Mayor and City Council
11. REQUEST: . Deletion of certain commercial uses from permitted C-1 uses
and Insert same into condFtionai uses section of C-1 zone.
Ill.. APPLICANT:_ City of, Palm Desert
IV. CASE NO: . ZOA 86-6
V. DATE: February 26, .1987
V.I.. CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No. _
D. Planning Commission Minutes involving Case No. ZOA 86-6
E. Planning Commission Resolution No. 1200
F. , Planning Commission Staff Report dated January ,
G. Related maps and/or exhibits -
-- ------------------------------------------------------------------------------
A. STAFF. RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
This code amendment was Initiated by the planning commission at its
December 2, 1986 meeting. City Council on December 11 , 1986 also directed
the staff to look into the permitted uses in the general commercial (C-1 )
zone.
Staff in its' January 6, 1987 staff report presented the planning
commission with four (4) options to provide additional control over
certain uses In the C-1 zone. Commission selected option "B" and a
resolution was prepared. This option removed the code section which
permitted these undesirable (wholesale type of uses) from the permitted
use category and inserted the same section into the list of conditionally
permitted uses in the C-1 zone. In addition. the commission added a
clarifying statement "The intent of this section is to limit wholesale
uses in the core area commercial (C-1 ) zone". Motion for approval carried
a 4-0 vote. D -{
Prepared by
Reviewed and Approved by
CITY COUNCIL' ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .
PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030
(GENERAL COMMERCIAL DISTRICT) AND 25.28.020 OF
THE CODE OF THE CITY OF PALM DESERT.
CASE NO: ZOA 86-6
WHEREAS, the City Council of the -City of Palm Desert, California, did on
the' 26th day of February 1987 hold a duly noticed public hearing to consider an
amendment to the zoning ordinance to delete subsection "B" of section 25.28.020
(permitted uses) and insert said subsection Into section 25.28.030 (conditional
uses) :
WHEREAS, the planning commission did adopt its Resolution No. 1200
recommending approval of the proposed zoning ordinance amendment.
WHEREAS, said amendment has compiled 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 community development has
determined the amendment to be categorically exempt.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of ail 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 zoning ordinance amendment would better serve the public
health, safety and general welfare. .
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 council in this case.
2. That the city council does hereby approve Zoning Ordinance Amendment
86-6 as provided in the attached exhibit, labeled Exhibit "A".
N
ORDINANCE NO.
PASSED,,' APPROVED and ADOPTED at. a regular meeting of the Palm Desert
City..Counci l held on s_.thi day of 1987, by the following vote, to
wit: . .
AYES:'
NOES: .
ABSENT:
ABSTAIN:
RICHARD KELLY, Mayor'
ATTEST: ; '
SHEILA R. GILLIGAN, City Clerk
City of. Palm Desert, California
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ORDINANCE N0.
I
i
EXHIBIT "A"
Section I
1 That subsection "B" of section 25.28.020 (permitted uses) is hereby repealed.
Section 2 ,, r,
r '.t
That, the following is hereby added to section 25.28.030 (conditional uses).
i
K. Assembly, production and storage of products normally sold or
distributed from the place of business, If - conducted within a
completely enclosed building, within the intent and purpose of this
district: ' The intent Is to limit wholesale uses in the core area
commercial (C-1 ) zone.
3 —
CITY COUNCIL ORDINANCE NO. 499
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA. APPROVING A ZONING
ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030
(GENERAL COMMERCIAL DISTRICT) AND 25.28.020 OF
THE CODE OF THE CITY OF PALM DESERT.
CASE NO: ZOA 86-6
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 26th day of February 1987 hold a duly noticed public hearing to consider an
amendment to the zoning ordinance to delete subsection "B" of section 25.28.020
(permitted uses) and Insert said subsection Into section 25.28.030 (conditional
uses) .
WHEREAS. the planning commission did adopt its Resolution No. 1200
recommending approval of the proposed zoning ordinance amendment.
WHEREAS. said amendment has compiled 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 community development has
determined the amendment to be categorically exempt.
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 zoning ordinance amendment would better serve the public
health. safety and general welfare.
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 council in this case.
2. That the city council does hereby approve Zoning Ordinance Amendment
86-6 as provided in the attached exhibit. labeled Exhibit "A".
ORDINANCE NO. 499
PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council held on this 12th day of March. 1987, by the following vote, to
wit:
AYES: BENSON. CRITES, SNYDER, WILSON 8 KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RICHARD KELLY(. Mayor
ATTEST: d
SHEILA R. OLLIGAN. C!tVrClerk
City of Palm Desert.&Ziffornla
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OROINANCE NO. 499
EXHIBIT "A"
Section I
I
That subsection "B" of section 25.28.020 (permitted uses) Is hereby repealed.
Section 2
That the following Is hereby added to section 25.28.030 (conditional uses) .
K. Assembly. production and storage of products normally sold or
distributed from the place of business, If conducted within a
completely enclosed building. within the Intent and purpose of this
district. The Intent Is to limit wholesale uses In the core area
commercial (C-1 ) zone.
3
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 3, 1987
Downs also indicated that It show unanimous approval of the
commission to retain the fountain area.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
directing staff to prepare a resolution of approval with added
conditions. Carried 4-0.
Moved by Commissioner Richards, seconded by Commissioner Downs,
instructing staff to prepare a retail use ordinance to be presented
at a future meeting. Carried 4-0.
B. Continued Case No. OA 8 CITY OF PALM DESERT, Applicant
Request for approval of an amendment to Chapter
25 . 28 of the Zoning Ordinance specifically
related to sections 020 and 030, Permitted Uses
and Conditional Uses in C-1 general commercial
zones.
Mr. Smith reviewed the background of the case.
Commissioner Whitlock commented that she was expecting some input
from the commercial committee prior to agreement of option B. Mr.
Smith replied that he thought that was the intention as an interim
measure, which could be changed.
Mr. Diaz questioned the ambiguity of the terminology which could be
applied to several uses when dealing with assembly. Commissioner
Richards stated that the definition of wholesale, assembly and
manufacturing is provided for already.
Chairman Erwood noted that one reason for the agreement on option #8
was that it offered the abi 1 ity of review on a case by case
determination at the discretion of the commission.
Commissioner Richards commented that it was lacking in the general
plan that a goal intent that all the area on the south side of
Highway Ili and the north and south side of El Paseo be retail . He
felt that now concerns have surfaced and a clearer determination was
needed.
Mr. Connors noted that legally the commission is attempting to make
the ordinance more specific in itself. Mr. Diaz noted that the
wholesale option B view requires a conditional use permit in C-1
zones and recommended a continuance.
4
f A
i MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 3, 1987
Chairman Erwood opened the public testimony and asked if anyone-
present wished to speak in FAVOR or OPPOSITION to the proposed.
There was no one.
Chairman Erwood recommended that a motion be made continuing this
matter to allow staff to prepare another alternative as suggested by
Mr. Diaz. Upon further discussion, it was determined that approval
would be possible with an amendment as follows, "That the intent of
the ordinance is to limit wholesale uses in the C-1 zone and,
therefore, a conditional use permit is required." Mr. Connors
concurred.
Action:
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting the findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Richards,
adopting Planning Commission Resolution No. 1200, recommending
approval of ZOA 86-6 as amended to city council . Carried 4-0.
IX. MISCELLANEOUS
A. Possible traffic hazards at 74-280 Highway III - RICHARD
OLIPHANT, Applicant.
Mr. Diaz reviewed the request and indicated that public works
substantiated the claim that there is a hazard.
After discussion it was determined that a .formal request should be
submitted.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
directing staff to bring this case before the commission as a public
hearing item with the preparation of a staff report. Carried 4-0.
B. Appointment of Economic Development Advisory Committee Liaison.
Mr. Diaz noted that prior to appointment to the planning commission,
Commissioner Whitlock had served of the committee.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
electing Commissioner Whitlock as liaison to the Economic Development
Advisory Committee. Carried 4-0.
5
i
PLANNING COMMISSION RESOLUTION NO. 1200
AN RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT AMENDING SECTIONS 25.28.030 (GENERAL
COMMERCIAL DISTRICT) AND 25.28.020 OF THE CODE OF
THE CITY OF PALM DESERT.
CASE NO: ZOA 86-6
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 6th day of January, 1987 hold a duly noticed public hearing to
consider an amendment to the zoning ordinance to delete subsection "B" of
section 25.28.020 (permitted uses) and insert said subsection into section
25.28.030 (conditional uses) .
WHEREAS, said 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 community development has
determined the amendment to be categorically exempt.
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard said
c i ty council d i d find the following facts and reasons to exist to approve a
zoning ordinance text amendment:
I . 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, California, as follows:
1 . That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That the planning commission does hereby recommend to the city
council approval of Zoning Ordinance Amendment 86-6 as provided In
the attached exhibit, labeled Exhibit "A".
RESOLUTION NO. 1200
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission held on this 3rd day of February, 1987, by the following
vote, to wit:
AYES: DOWNS, RICHARDS, WHITLOCK 8 ERWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RICHARD ERWOOD, Chairman
ATTEST: [[[
RAMON A. DIAZ, Secre r
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,
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RESOLUTION NO. 1200
EXHIBIT "A"
Section I
That subsection "B" of section 25.28.020 (permitted uses) is hereby repealed.
Section 2
That the following is hereby added to section 25.28.030 (conditional uses) .
K. Assembly, production and storage of products normally sold or
distributed from the place of business, if conducted within a
completely enclosed building, within the intent and purpose of this
district. The intent Is to limit wholesale uses in the core area
commercial (C-1 ) zone. The intent of the ordinance Is to limit
wholesale uses in the C-1 zone and, thereforeT a conditional use
permit is required.
3
t CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
T0: Planning Commission
DATE: February 3, 1987
SUBJECT: Amendment to permitted uses in C-1 General Commercial Zone
CASE NO: ZOA 86-6
BACKGROUND:
January 6, 1987 commission held a public hearing concerning the permitted uses
in the C-I zone. At that time it was determined -that Option "B" of the staff
report dated January 6, 1987 should be followed. Accordingly, commission
continued the case and directed staff to prepare a resolution implementing
Option "B".
DISCUSSION:
The draft resolution attached hereto will Implement Option "B" in that it will
delete subsection "B" from section 25.28.020 (permitted uses) and insert it
into section 25.28.030 (conditional permitted uses) .
ENVIRONMENTAL REVIEW:
The director of community development has determined that the proposed code
amendment is a class 5 categorical exemption and no further review is
necessary.
FINDINGS:
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.
RECOMMENDATION:
Staff recommends:
A. Adoption of the findings delineated in staff report dated February 3,
1987.
B. Adoption of Planning Commission Resolution No. recommending approval
of ZOA 86-6 to city council
Prepared by
Reviewed and Approved by
PLANNING COMMISSION RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT AMENDING SECTIONS 25.28.030 (GENERAL
COMMERCIAL DISTRICT) AND 25.28.020 OF THE CODE OF
THE CITY OF PALM DESERT.
CASE NO: ZOA 86-6
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 6th day of January 1987 hold a duly noticed public hearing to
consider an amendment to the zoning ordinance to delete subsection "B" of
section 25.28.020 (permitted uses) and insert said subsection into section
25.28.030 (conditional uses) .
WHEREAS, said 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 community development has
determined the amendment to be categorically exempt.
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, California, as follows:
1 . That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That the planning commission does hereby recommend to the city
council approval of Zoning Ordinance Amendment 86-6 as provided in
the attached exhibit, labeled Exhibit "A".
RESOLUTION NO. _
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission held on this 3rd day of February, 1987, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD ERWOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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RESOLUTION NO.
EXHIBIT "A"
Section 1
That subsection "B" of section 25.2B.020 (permitted uses) is hereby repealed.
Section 2
That the following is hereby added to section 25.28.030 (conditional uses) .
K. Assembly, production and storage of products normally sold or
distributed from the place of business, if conducted within a
completely enclosed building, within the intent and purpose of this
district.
3
MINUTES
PALM DESERT PLANNING COMMISSION
JANUARY 6, 1987
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
continuing PP 86-51 to February 3, 1987. Carried 3-0.
B. Case No.�'ZOA 86-6)- CITY OF PALM DESERT, Applicant
11 _.- --
Request for approval of an amendment to Chapter
25 . 28 of the Zoning Ordinance spec ifI cal ly
related to sections 020 and 030, Permitted Uses
and Conditional Uses In C- 1 general commercial
zones.
Mr. Smith noted that commission directed staff on December 2 to look
into this matter. He outlined the options in the staff report and
noted that Commissioner Downs preferred option "D.11 Staff asked for
direction from the commission.
Chairman Erwood opened the public testimony and asked If anyone
wished to speak in FAVOR or OPPOSITION to the proposed.
MR. SANDY BAUM, 45-800 Deep Canyon, stated that on two recent
occasions he had seen pipes on the sidewalk, although he did
not know if they were for sale or If they had Just been
unloaded.
MRS. GANNON, owner of the Desert Wholesale Supply, responded
that the supplies were being unloaded into the store and that
she had two employees who moved the supplies within ten minutes
to a half hour. She Indicated that they never sold anything
from the sidewalk.
Chairman Erwood closed the public testimony.
Commissioner Richards Indicated that option "B" would provide the
most flexibility where the wholesale uses would be permitted without
complicated definitions. He asked if unloading onto sidewalks was
permitted. Mr. Diaz replied that they had to unload there.
Commissioner Richards noted that there had been an evolvement of use
over the years and now there were problems with this type of use on
this property. He indicated that this was the first time someone
has complained about loading large types of materials In this area
as well as parking and vehicle traffic problems. He felt that the
business community was concerned with this type of business. He
Indicated that the city would have to come up with something that
defines this and that commission should take some action and create a
4
J
MINUTES
PALM DESERT PLANNING COMMISSION
JANUARY 6, 1987
definition everyone could understand. He indicated a preference for
,option "B."
Moved by Commissioner Richards directing staff to prepare a
resolution based on option B. The motion died due to a lack of a
second. Commissioner Whitlock stated that she could not second the
motion because she preferred option 0 involving the commercial
committee. Mr. Diaz replied that a resolution could be prepared for
the next meeting establishing option B and still have option D
available, and in the interim as part of item 8 that commission could
refer the matter to the committee.
Mr. Diaz noted that staff could pinpoint what land they are looking
at in terms of the overlay. He indicated that city council would
also be reviewing this.
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
continuing ZOA 86-6 to January 20, 1987, and directing staff to
prepare a resolution to be presented at that time. Carried 3-0.
Mrs. Gannon stated that they had been going to submit plans for the
corner of Larkspur and El Paseo and enclose Highway III with a block
wall to allow trucks to deliver, but indicated that it seemed to
create an uproar after it was known that Keedy's was leaving. She
stated that they never got to submit any plans which were done by Mr.
Martin showing their proposed concept, Mr. Diaz responded by saying
that this Item could be scheduled for a study session, where the
plans could be reviewed.
Commissioner Richards stated that he did not feel a fence on Highway
III would be compatible, but agreed to look at the plans. Chairman
Erwood indicated that the matter could be brought up for the January
20 study session.
Mr. Sandy Baum noted that the commercial committee would not be
meeting prior to January 20. Commission amended the motion by
continuing the case to February 3, 1987.
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
continuing ZOA 86-6 to February 3, 1987, and directing staff to
prepare a resolution to be presented at that time. Carried 3-0.
5
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73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
February 5, 1987
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 86-6
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider amending Chapter 25.28 of the Zoning Ordinance
specifically related to sections 020 and 030, permitted uses and conditional
uses in C-1 , general commercial zone.
SAID public hearing will be held on Thursday, February 26, 1987 at 7:00 p.m.
in the Council Chamber at the Palm Desert City Hall , 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. 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 correspon-
dence delivered to the planning commission (or city council ) at, or prior to,
the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
February 13, 1987 City of Palm Desert, California
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: January 6, 1987
REQUEST: Consideration of removal of certain uses in the C-1 General
Commercial zone.
I. BACKGROUND:
December 2, 1986 planning commission directed staff to look into
commercial uses permitted within proximity to President's Plaza.
This direction was subsequently reaffirmed by city council on December
11 , 1986.
December 17, 1986 the commercial committee, working on the secondary plan
for the Highway Ill and E1 Paseo corridor, submitted a preliminary report
urging that the area south of Highway Ill through to El Paseo be reserved
for pedestrian oriented commercial uses.
11. DISCUSSION:
The basic concern of commission and city council appeared to be the
operation of a primarily wholesale use that happened to be open to the
public, negatively impacting the overall retail pedestrian oriented
commercial flavor of the area.
Attached is a copy of code sections 25.28.020 and 25.28.030, permitted
uses and conditional uses respectively In the C-1 zone.
A review of this list indicates that the uses which are presently of
concern ( le: non pedestrian oriented commercial uses) are permitted
pursuant to subsection "B" of section 25.28.020 which states:
"Assembly, production and storage of products
normaliv sold or distributed from the place of
business, if conducted within completely enclosed
building, within the intent and purpose of this
district".
If it is the pleasure of commission that these uses be eliminated there
are several possible ways to achieve that end. If it is the wish of
commission these uses could still be permitted in the zone but be a
conditional use rather than an out right permitted use.
The following list, although not exhaustive, outlines some of the options
available to commission and the city.
w
GENERAL COMMERCIAL ZONE
Option A•
Delete subsection "B" of section 25.28.020. If this were done new
businesses of this nature could not locate in the C-1 zone. They would be
directed to a zone where they are permitted (le: S1 , service industrial ) .
The existing uses of this type would be permitted to remain in their
present location. These uses could remain there for a considerable
number of years. If it is commission's desire it could request that the
redevelopment agency take a proactive position and relocate these uses to
the industrial area.
Option B:
Commission could recommend deletion of subsection "B", section 25.28.020
and insert it as a conditional use in section 25.28.030. This would
give the city more control and would allow, subject to commission
approval , improvements and expansions of existing uses following into this
category.
Option C:
Commission could leave the permitted uses as presently delineated and add
a section prohibiting wholesale uses in the C-1 zone. This option is
less desirable than "A" or "B" due to the possibility of enforcement
problems once a use is established in the zone.
Option D:
Commission could establish an overlay district for part of the C-1 area
where only pedestrian oriented retail commercial uses will be permitted
yet leave the ordinance intact to permit these wholesale type uses in
certain parts of the C- 1 zone. This area would be established in
conjunction with the commercial committee working on the Highway 111 , ET
Paseo corridor.
II1 . CONCLUSION:
Commission should first arrive at the conclusion that primary wholesale
commercial operations are undesirable uses in the C-1 (general commercial )
zone. If this is the determination of commission then it should then
direct staff to prepare an appropriate resolution based on one .of the
four (4) options outlined above.
Prepared by
n
Reviewed and Approved by
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2
. 28. 020--25. 28. 040
25. 28 . 020 Permitted uses . The following uses and
structures shall be permitted:
A. Accessory buildings and structures ;
B. Assembly, production , and storage of products
normally sold or distributed from the place of business , if
conducted within a completely enclosed building, within the
intent and purpose of this district ;
C . Medical offices and clinics ;
D. Offices ; governmental, professional , administrative,
and general business ;
E. Other commercial uses as determined by the planning
commission which are deemed to enhance the character of the
community;
F. Personal services including but not limited to bar-
ber or beauty shops , tailors , and dressmaking shops ;
G. Retail uses, including but not limited to, apparel,
furniture, appliances and other major household articles ,
variety goods, sporting goods , stationery, toys, art goods ,
flowers and other plants , and boutiques. (Ord. 95 §1 (part) ,
1975 : Exhibit A §25. 16-2) .
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 ;
Ic B. Automobile service stations , as specified in Section
25. 56. 330 ;
C. Amusement and recreation establishments including
but not limited to theater and amusements arcades.
1. All businesses presently having five or more
mechanical or electronic games shall either apply for a
ordinanceconditional within
codifiedinthis subsection,six months f the d or reduce the number
of said games to four,
2. If the applicant is refused a conditional use
tour within sixty days of denial of permitll reduce mit number request;of said games
D. Grocery stores;
E. Hospital;
— F. Hotels, not exceeding twenty-four units per acre;
G. Liquor stores;
H. Mortuary;
I I. Public utility installation; and
J. Restaurants , except for drive-in or drive-through.
(Ord. 293 (part) , 1982 ; Ord. ' 95 §1 (part) , 1975 : Exhibit A
925. 16-3)' .
I25. 28. 040 Prohibited uses . The following uses are
specifically prohibited in the general commercial district:
A. Industrial uses ;
i
340-2 (Palm Desert 7/82)
Moved by Commissioner Downs, seconded b" ^.ommissioner Whitlock,
adopting Pl Ing Commission Resolution No. 193, approving PP/CLIP
86-47 subjec, to conditions as amended. Carried 4-0.
J '
IX. MISCELLANEOUS
A. Presentation to Planning Commission Chairman Buford Crites.
Chairman Erwood presented to former Planning Commission Chairman
Buford Crites a resolution to commend him for his service on the
Planning commission.
Mr . Diaz also presented Mr. Crites with a certificate from
staff.
Mr. Crites thanked the commission and Mr. Diaz and indicated
that. It had been a pleasure working with each member of the
commission.
X. COMMENTS
A. Commissioner Downs stated that there was a wholesale supply
business in operation that has built two buildings illegally in
the past and is now planning to expand on the block where
Keedy's restaurant was located. He strenuously objected to this
type of use on Highway III or El Paseo. He felt that Ordinance
Section 25.28.030 should be amended by the deletion of Section
B. He felt that with all the work that the city has done to
improve this area, wholesale types of business would defeat that
purpose. 1
4
MINUTES
PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
Commissioner Richards felt that because it borders on Presidents
Plaza it should be studied, but was not convinced that the
commission should go after wholesale businesses in the C-I zone.
He felt that the idea of wholesale did not fit the retail
characteristics of Presidents Plaza. He expressed reluctance
to change the whole area -in the C-1 zone.
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
directing staff to look into the usages that are currently allowed
within proximity to the Presidents Plaza. Carried 4-0.
r
MINUTES
f t PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 2, 1986
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
i K K K K i K M K K K K i K K K K i i K K K i K K K i
NO STUDY SESSION WAS HELD PRIOR TO THE MEETING.
1 . CALL TO ORDER
Chairman Erwood called the meeting to order at 7:02 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioner Downs led in the pledge of allegiance.
III. ROLL CALL
Members Present: Rick Erwood, Chairman
Bob Downs
Jim Richards
Carol Whitlock
Members Absent: None 3/0
jjp
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Staff Present: Ray Diaz
Tim Connors
Catherine Sass
Joe Gaugush
Tonya Monroe
IV. APPROVAL OF MINUTES:
Consideration for approval of November 18, 1986 meeting minutes.
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
approving the November 18, 1986 minutes as submitted. Carried 3-0-1
(Commissioner Downs abstained) .
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz summarized council action from its last meeting.
V1. CONSENT CALENDAR
None.
VII. ORAL COMMUNICATIONS
MR. JOSEPH DUNN, 43-945 San Ysidro, stated that his project was
approved at the last meeting, but indicated that he had an amendment.
MINUTES
PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
Mr. Diaz responded that the request was for a duplex split and he
felt that it was a minor amendment that could be handled at staff
level . Commission concurred.
Vill . PUBLIC HEARINGS
A. Continued Case No. PP 86-45 - THOMAS MILLER, Applicant
Request for approval of a negative declaration of
environmental impact and a precise plan of
design to allow construction of 168 unit inn, a
full service restaurant and a gas station on 10
acres in the PC (4) S.P. and PR-5 N, S.P. at the
northeast corner of Highway III and Deep Canyon
Road.
Ms. Sass outlined the five issues that were to be addressed by the
applicant as discussed in the staff report. Staff requested a
two-week continuance. Mr. Diaz also noted that photos were being
sent from Scottsdale and Santa Barbara of the gas station.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission.
MR. SANDY BAUM, 45-800 Deep Canyon Road, stated that he was
aware of the request for a continuance and had notified all the
parties.
Commissioner Whitlock asked. if the rase would go to the architectural
commission before the next planning commission meeting. Ms. Sass
replied yes.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
approving a continuance to December 16, 1986. Carried 4-0.
B. Continued Case No. PP/CUP 86-47 - HARRY SCHMITZ, Applicant
Request for approval of a negative declaration
of environmental impact, precise plan of design
and conditional use permit to allow construction
of a seven unit senior citizen apartment project
located on Santa Rosa Way, east of San Pascual
Avenue.
2
MINUTES
PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
Ms . Sass outlined the salient points of the staff report and
recommended approval .
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission.
MR. HARRY SCHMITZ, applicant, stated that he would prefer a
two-story site plan which would require eight units to make the
project feasible because of an elevator and balconies, and
asked the commission to consider this concept. He indicated
that the present plan was one story and seven units. He
expressed concern regarding condition #11 under community
development regarding wall height because of the grading
required by public works. Mr. Diaz responded that because of
the sensitivity of grading, the condition should remain as
stated and further studied by public works. Mr. Schmitz also
indicated that condition #I5 under public works required a 1%
slope . Mr . Gaugush concurred and indicated that some
adjustments can be made in certain situations and that the
entire lot may not be 1%. Mr. Schmitz also indicated that one
wall was already chain link with oleanders, but that staff was
requiring a block wall :
Mr. Diaz indicated that since the lot could be raised three feet
with a building on top of that, staff would need some type of
preliminary grading plan for this project.
Commissioner Richards stated that the commission did not need to be
involved with this unless it could not be settled between the
applicant and staff, and in that event it should be referred to city
council . Mr. Diaz stated that the condition should be modified by
the addition of the words, ". . .to the satisfaction of the director
of public works and the director of community development ."
Commission concurred. Mr. Schmitz said that was acceptable.
Mr. Schmitz stated that he was opposed to condition #8 regarding
school impact fees imposed by the school district. He stated for
the record that it has not been proven satisfactorily that persons
of age 62 and older impact the school system.
Mr. Diaz stated that even if that condition was not required by
community development, the building department would require it
before a building permit was issued.
Chairman Erwood asked if anyone present wished to speak in FAVOR or
3
MINUTES
r PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
OPPOSITION to the proposed. There being no one, the public testimony
was closed.
Commissioner Richards addressed the issue of a two-story project and
stated that he was not prepared to expand the site to eight units.
He felt that the final project was better and asked staff about the
six foot high block wall . Mr. Diaz replied that if the adjacent
property owners do not object with the lower three foot wall , staff
did not have a problem and the oleanders were fine.
Action:
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting the findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1193, approving PP/CUP
86-47 subject to conditions as amended. Carried 4-0.
IX. MISCELLANEOUS
A. Presentation to Planning Commission Chairman Buford Crites.
Chairman Erwood presented to former Planning Commission Chairman
Buford Crites a resolution to commend him for his service on the
planning commission.
Mr. Diaz also presented Mr. Crites with a certificate from
staff.
Mr. Crites thanked the commission and Mr. Diaz and indicated
that it had been a pleasure working with each member of the
commission.
X. COMMENTS
A. Commissioner Downs stated that there was a wholesale supply
business in operation that has built two buildings illegally in
the past and is now planning to expand on the block where
Keedy's restaurant was located. He strenuously objected to this
type of use on Highway Ill or El Paseo. He felt that Ordinance
Section 25.28.030 should be amended by the deletion of Section
B. He felt that with all the work that the city has done to
Improve this area, wholesale types of business would defeat that
purpose.
4
MINUTES
PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
Commissioner Richards felt that because it borders on Presidents
Plaza it should be studied, but was not convinced that the
commission should go after wholesale businesses in the C-1 zone.
He felt that the idea of wholesale did not fit the retail
characteristics of Presidents Plaza. He expressed reluctance
to change the whole area in the C-1 zone.
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
directing staff to look into the usages that are currently allowed
within proximity to the Presidents Plaza. Carried 4-0.
B. Mr. Diaz stated that staff needed a clarification regarding the
Rusty Pelican Expansion on the parking situation. He asked the
commission to determine if the expansion was minor or if they
should apply formally.
Commissioner Downs asked which direction they were expanding.
Ms. Sass replied to the east side, the grass area.
Commissioner Whitlock indicated that it would be in the
greenbelt between the buildings.
Commissioner Richards felt that the expansion should come back
formally. Commissioner Whitlock disagreed. Commissioner Downs
stated that they were not going closer to the street and not
changing the entryway. Commissioner Richards asked if this
would reduce the open space. Ms. Sass replied yes, but to what
extent would have to be studied. She felt the issue that
needed to be addressed was the parking.
Commissioner Whitlock asked if Pietro's opposed. Commissioner
Richards responded that it had not gone that far yet and
indicated that he was not opposed to them expanding 700 square
feet, but felt that if the expansion changed the character of
the current restaurant in some way it should come back.
Commissioner Downs agreed.
Mr. Diaz stated that letters of support from the neighbors
could be required. Commission concurred.
C. Mr. Diaz explained that Commissioner Erwood automatically
assumed the role of chairman until the end of the term, but
indicated that a vice chairman was needed.
5
MINUTES
PALM DESERT PLANNING COMMISSION
DECEMBER 2, 1986
Action:
Moved by Commissioner Whitlock, seconded by Commissioner Downs,
electing Commission Richards as vice chairman. Carried 3-0-1
(Commissioner Richards abstained. )
D. Commissioner Whitlock asked for the status of the Shadow
Mountain Cooperative situation and if financing had been
obtained.
Mr. Diaz replied that financing has not been obtained and would
be on the study session agenda for December 16, 1986.
X1. ADJOURNMENT
Moved by Commissioner Downs , seconded by Commissioner Richards,
adjourning the meeting. Carried 4-0.
The meeting was adjourned at 7:49 p.m.
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73-510 FRED WARINO DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
December 16, 1986
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 86-6
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert Planning Commission to consider amending Chapter 25.28 of the Zoning
Ordinance specifically related to sections 020 and 030, permitted uses and
conditional uses in C-1 , general commercial zone.
SAID public hearing will be held on Tuesday, January 6, 1987, at 7:00 p.m. in
the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. 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 (or city council ) at, or
prior to, the public hearing.
PUBLISH: Desert Post RAMON A. DIAZ, Secretary
Wednesday, December 24, 1986 Palm Desert Planning Commission
and Friday, December 26, 1986
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