HomeMy WebLinkAboutZOA 87-2 EL PASEO OVERLAY 1987 CITY OF PALM DESERT
TRANSMITTAL LETTER
I . TO: Honorable Mayor and City Council
if . REQUEST: Approval of a zoning ordinance amendment and change of
zone creating the El Paseo Pedestrian Commercial Overlay
zone.
III . APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 87-2 CZ 87-5
V. DATE: August 13. 1987
V1 . CONTENTS:
A. Staff recommendation
8. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 87-2 CZ 87-5
E. Planning Commission Resolution No. 1219
F. Planning Commission staff report dated May 5, 1987
----------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass to second reading.
B. DISCUSSION:
The proposal as originally recommended by the Specific Plan Project Area
Committee and the Planning Commission, was designed to restrict all first
floor El Paseo fronting space to pedestrian oriented use. A conditional
use permit procedure would apply to other non-pedestrian uses permitted
by the C-1 zone.
After further discussions with the El Paseo Improvement Association Board.
the Project Area Committee modified its recommendation to only apply the
ordinance to new buildings. This amendment was then incorporated into
the Commercial Core Area Specific Plan adopted July 23rd. At this time,
the actual ordinance is being brought before the City Council for
consideration and adoption.
Prepared `by
i
Reviewed and Approved by _
/hs
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT. CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT AND CHANGE OF ZONE CREATING
THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO'S: ZOA 87-2 8 C/Z 87-5
WHEREAS, the City Council of the City of Palm Desert. California.
did on the 13th day of August. 1987 hold a duly noticed public hearing to
consider a zoning ordinance amendment and change of zone creating the El Paseo
Pedestrian Commercial Overlay Zone Chapter 25.29.
WHEREAS. at said public hearing, upon hearing and considering all
testimonv and arguments. if any, of all Interested persons desiring to be
heard, said city council did find the following facts to exist to justify their
actions:
1 . The proposed amendments are consistent with the Commercial Core Area
Specific Plan.
2. The proposed amendments will promote the general welfare of the El
Paseo Area by encouraging the concentration of pedestrian oriented
retail/service business thus generating higher volumes of pedestrian
traffic.
NOW. THEREFORE. BE IT ORDAINED by the City Council of the City of Palm
Desert, California. as follows:
1 . ghat the above recitations are true and correct and constitute the
findings of the commission in this case.
2. ZOA 87-2 Exhibit "A" and C/Z 87-5 Exhibit "B" are approved.
3. The City Clerk of the City of Palm Desert. California, is hereby
directed to publish this ordinance in the 'Palm Desert Post. a
newspaper of general circulation, published and circulated in the
City of Palm Desert. California, and shall be in full force and
effect thirty (30) days after its adoption.
ORDINANCE NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council , held on this day of , 1987 by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
2
PROOF OF PUBLICATION This space Is for Ihe county Clerk's Filing StamO
(2015,1 C,C.P.)
STATE OF CALIFORNIA,
County of Riverside
CITY OF PALM DESERT
I am a citizen of the United States and a
resident of the County aforesaid; i am over
the age of eighteen years, and not a party to Proof of Publication of
or Interested In the above-entitled matter. I CASE NO. ZOA .87-2...........................
am the principal clerk of the printer of the
....................... .......
.. DESERT POST.............................. ,....,....., .......... ..........................
...•. .. t CITY OF PALM DESERT ar.•
........ LEGAL NOTICE'
CASE NO.ZOA 87-2tw " 1
a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public h8an will he held be- i
Bi-weekly fore the Palm Desert City Council to conside- SmP dment to
and published y zoning ordinance chapter 2524 PR Planned ential District
p ••• limiting permitted uses to residential developm country clubs
Palm Deaert and other directly related recreation or othe ory uses.
ties...........'•••'• Other listed uses including community facili nolitu((on.
1n the City Of
.. al facilities.resort hotels and utility facilities shal da Subject
County of Riverside, and which news- to a conditional use permit. t.
paper has been adjudged a newspaper Said public hearing will be held on Thur fiber 24,
1987,at 7:00 p.m.in the Council Chamber at t bese(l city
of general circulation by the Superior Hall,73 510 Fred Warjng Drive, Palm Desert; orrtle•at which
Court of the County of Riverside, State of'- time and place all interested persons are i vt ltend and be
heard. It you challenge the proposed actions u may be
limited to tailing only those Issues you o • raised at
1 0 5 19 6 4 , the public hearing described In this noIt en corre.
California, under the date of,,,.,�.., spondence delivered to the city counci�Gd� n` mission)
at,or prior to,the public hearing
83658 SH . R GILLIGAN,
Case Number ....65 .......;that the notice, City Clerk
esert
of which the annexed Is a printed copy (set chyBll-C Domia
cfr.; �alitarnla
In type not smaller than nonpareil), has (Pub.D.P.Sep.I i,188T)
been published in each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit: 9111
..................r.................................
all In the year 19..0.7.
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated 8f.9A&M..P.9AATA.....................
California,this.!;th...dayof.$Utr 19 .a7.
Ig alure' v
Rrn tMld N I�Il,tbnM Ur,n rotr et ucvne Iran 1
CAIIFOR.NB NEWSPAPER SERVICE
UREAU, INC.
Legal Advertising Clearing House
120 West Second St., Los Angeles,Calif. 90012
Telephone: (213) 625.2541
111011111411111,111,1110111 of McRAL►rltltl Pvtllctlltt
will vderint this Will
PROOF OF PUBLICATION This space Is for the County Clerk's Filing Stamp
(2015.5 C.C.P.) RE-CEIVEJ
'87 SEP y phi 1 18
CITY CLERKS GT ; c
STATE OF CALIFORNIA,
County of Riverside
CITY OF PALM DESERT
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or Interested In fhe above•entlfled matter, I CASE NO . ZOA 87-2.
am the principal clerk of the printer of the ..........................................................
...DBSBRT POST.............................. ...•.........,,_._.................... ...........
l •
..............................................r..... I CITY OF PALM DESERT
LEGALNOTICE
a newspaper of general circulation, printed I CASE NO.ZOA 87.2
NOTICE IS HEREBY GIVEN that a public hearing will be held be.
Bi-weekly I fore the Palm Desert Planning Commission to consiiderbn arend-
and published ................. 1 ment to zoning ordinance chapter 25.24 PR Planned'Ae'%ential
District limiting permitted uses to residential developmenib,coun.
Palm Desert try clubs,open space,recreation and other directly related asses-
In the City Of .. ...........
- ... sory uses.Other listed uses including community lacilitie;,related '
County of Riverside, and which news- institutional facilities. resort hotels and utility facilities&hall be
paper has been adjudged a newspaper made subject to a conditional use permit. "''
I SAID public hearing will be held on Tuesday,Septembe 997 at
of general circulation by the Superior 7:00 p.m. in the Council Chamber at the Palm Deserry Hall,
Court of the Count of Riverside, State of 73-510 Fred Waring Drive,Palm Desert,California,at ch time
y and place all interested persons are invited to; aAdtie heard
if you challenge the proposed actions in court,you maybe limited
California,under the date of.. 1964 , to raising only those issues you or someone else raistld%t the pub
-
1 lie hearing described in this notice,or in written correspondence
delivered to the city council(or planning commission)at,or prior
Case Number 83658.......;that the notice, to,the public hearing.
RAMON A.'DIAZ.Secretary
of which the annexed Is a printed copy (set Palm Desert Planning Commission
In type not smaller than nonpareil), has (Pub.D.P.August 21,1987)
been published In each regular and entire ,
issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit:
.......... .................................
all in the year
i certify (or declare) under penalty of
penury that the foregoing Is true and
correct.
Dated at.91113A..P.9.41I.....................
Call fornia,this.21st..day of.A`:�.:, 19,p7.
I ..... g
i na ure
' /r"Cobs Nllfld,bbeM term-fil es oocersd lremf
a CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 west Second St., Los Angeles,Calif. 90012
Telephone: 1213) 625.2541
/teAu rNeefl O R NE R AL Proof of/0110116A
whom ordsrlM this term.
ORDINANCE NO.
EXHIBIT "A"
CHAPTER 25.29
EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE
25.29.010 INTENT AND PURPOSE
El Paseo is designed as a pedestrian specialty retail /personal
services district. The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest. To encourage this continuous pattern
of pedestrian-oriented uses, this ordinance shall regulate the type
of new uses which may occupy E1 Paseo street level commercial
frontage constructed after July I , 1987.
25.29.020 PERMITTED USES
The followinq retail /personal service uses shall be liberally
construed to be permitted uses within the El Paseo Pedestrian
Commercial Overlay:
Art Galleries
Book and Card Shops
Clothing and Apparel Shops
Furniture Stores and Home Furnishings
Gift and Accessories Boutiques ( including small
antiques)
Jewelry Shops
Liquor, Beverage and Food Item Shops
Luggage Shops
Personal Care/Products Shops and Services
( including barbering and cosmetology)
Restaurants
Sundries Shops (general merchandise)
25.29.030 CONDITIONAL USES
The planning commission may. by conditional use permit, approve
commercial uses not listed above if they are determined to be
compatible with the intent and purpose of this section.
3
2 R-21
: a.
nr .t.. .
r .A
.vG
3 `e I uc
9 `
1 � •' Y, A Cx110
A A I
N _73 cl c a �
n
Tl ^
` e w
it
w .£
7.
rnx.31
CITY OF PALM DESERT Case No.CZ 87-5 CITY COUNCIL
(n1 o ORDINANCE NO.—
G��1 �J oO� �Oo CIIlC�
�MM0 'Log-))� 13 Date
PLANNING COMMISSION RESOLUTION NO. 1219
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF A ZONING ORDINANCE
AMENDMENT AND CHANGE OF ZONE CREATING THE EL
PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO'S: C/Z 87-5 8 ZOA 87-2
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 5th day of May, 1987 hold a duly noticed public hearing to consider
a zoning ordinance amendment and change of zone creating the Ei Paseo
Pedestrian Commercial Overlay Zone Chapter 25.29.
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 to exist to
justify their actions:
1 . The proposed amendments are consistent with the Commercial Core Area
Specific Plan.
2. The proposed amendments will promote the general welfare of the El
Paseo Area by encouraging the concentration of pedestrian oriented
.retail/service business thus generating higher volumes of pedestrian
traffic.
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. ZOA 87-2 Exhibit "A" and C/Z 87-5 Exhibit "B" are hereby recommended
to city council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planing Commission, held on this 5th day of May, 1987 by the following vote,
to wit:
AYES: DOWNS, LADLOW, RICHARDS, WHITLOCK 8 ERWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RICHARD ERWOOD, Chairman
ATTE
RAMON A. DIAZ, Secret
MINUTES
PALM DESERT PLANNING COMMISSION
MAY 5, 1907
consists of two multi - tenant industrial
buildings.
Action:
Moved by Commissioner Downs , » cnnird by l_nmmi -,sinnf�r l•!hitlocb ,
approving the consent calendar by minute motion. Carried 5-0.
VII . ORAL COMMUNICATIONS
None.
Vlll . _ PUBLIC HEARINGS
I
A. Case Nos. C/Z 87.-5 add ZOA 87-2 - CITY OF PALM DESERT, Applicant
Request for consideration of a zoning ordinance
amendment and change of zone creal: nq the El
Paseo Pedestrian 'Commercial Overlay Zone which
will restrict first ficor street fr-ontin.t u;es
on El Paseo between Portol.5 Avenue snci Ilial,w.,✓
7A to pedestrian oriented rtitaiI irid per>onaI
service businesses.
Mr. Drell outlined the salient pints of the staff report.
Chairman Erwood opened the Puhiic tr:0knony and asked if anyone
present wished to speak in FAVOR or OPPOSITION to the proposed.
MR. JIM FOX, El Paseo Nusines; ,,_loci t_ ion memf:,r. =,toted thnr
he was In favor of this pr,-posal .9nid felt that it woi,lld help
the growth of El Pasec.
MR. HENRY HO'YI_E, 73-4AD Broken Wow. ,toted t:!:.it lie was •a !` '
year in Paseo busineso owner .and concurred with comments by Mr.
Fox. He felt that uses such Jq VyW5 wcr, :1 iet:r irnr_; to ih,
retail businesses on El Paseo.
Chairman Erwood closed the public testimony.
Action:
Moved by Commissioner Dower; . ^.e_nnitr.-i} by r,;,mmi •;^. igner ;liiitloee,
adopting the finding; as nresented fly sljff , r ; , i ! S-n.
MINUTES
PALM DESERT PLANNING COMMISSION
MAY 5, 1987
Moved by Commissioner Downs , seconded by Cnmmissioner Whitlock,
adopting Planning Commission Resolution No. 1219, apnroving C/Z 87-5
and ZOA 81-2. Carried 5-0.
B. Case No. PP 16-83 Amendment #1 - HOWARD PARCELL, PALM DESERT
DISPOSAL, Applicant
Request for approval of a seven .acre expansion
to a parking and storage. area and .9 second story
addition to an existing structure (5400 square
feet.) for a trash hauling and disposal company
with a negative declaration of environmental
impact located on the south side of Lennon Place
between Eclectic_ and Corporate Way.
Mr. Diaz outlined the salient points of the staff report and felt
that the use was consistent with the intent of the service industrial
zone. He suggested staff be directed to prepare a zoning ordinance
amendment requiring a conditional use permit for the transfer
station, noting that the transfer station use was not before the
commission at this time for consideration and recommended approval .
Chairman Erwood opened the public tenhimony and asked if the
applicant wished to address the commission.
MR . HOWARD PARCELL , 405 Main 4 r'eet , stated that he wa
present to answer any questions and cla_.riried -that on public
works condition 446 th:3t they were reFjne•<.finq only one (irivew.=,y
approach on Lennon, not tw,) �s indicated. He noted that there
were two existing Pntr;inces on Eclectic. -0r. Gai nn, .amended
the condition to read, "DrIvewa`✓ entrance on Lennon Drive she ! [
be limited to one driveway approach to LIP d:-':i_]ned and approved
by the public works department,"
Chairman Erwood asked if anyone present wi5,he,,i co spent, in FAVOR or
OPPOSITION to the proposed.
MR . RICHARD ROMER, 74-090 LI Paseo , stCtod that he was
representing the Corporate Center Property (Nirmi-s As•,ociation.
He inclic:ate;:l that the three lots on the west end were sub.je,,t
to the CC8k's of the Corporate Center. He nc,te-I that there hr.;
been poor communication between the property owners association.
the property owner, and the c iiv. H t. t .. -h.yt portable
toilets and open onrbajv were viola- ons of the LAR' . . He also
discussed the access, point_ and felt h1'& the e- Ktirj arros . on
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: May 5, 1987
CASE NO: C/Z 87-5 and ZOA 87-2
! REQUEST: Approval of a zoning ordinance amendment and change of zone
treating the El Paseo Pedestrian Commercial Overlay Zone.
APPLICANT:, City of Palm Desert
I. BACKGROUND:
This proposed zone (as recommended in the Commercial Core Specific Plan)
would restrict street fronting first floor uses to pedestrian oriented
retail and personal service businesses. It would apply to new businesses
on E1 Paseo between Highway 74 and Portola Avenue. It is designed to
create a continuous succession of pedestrian oriented storefronts which
is vital to El Paseo's growth as a specialty retail district.
The ordinance provides a specific list of uses which require no special
approvals and a conditional use section to allow for appropriate unlisted
uses or other exceptional circumstances.
II. RECOMMENDATION:
Approve findings and adopt Planning Commission Resolution No.
recommending to city council approval of C/Z 87-5 and ZOA 87-2.
Prepared by
Reviewed and Approved by
/dlg
Smartest Address on the Gold- Desert
PALM OVIEW
Clmmbw of Commerce
4 GOLF AND TENNIS VACATION CAPITAL OF THE WORLD
72-990 HWY I I at MONTEREY/PALM DESERT, CALIFORNIA 922601(619) 346-6111
DON MC NEILLY, EXECUTIVE DIRECTOR
May 13, 1987
MAY 1 3 1987
COMMUNITY DEYELO"01 UVAKIMENT
CIiY OF PALM DESERT
Planning Commission
City Hall
73-510 Fred Waring Dr.
Palm Desert, CA 9ZZ60
Re: The El Paseo Pedestrian Commercial Overlay Zone
While we agree with the desired occupancy and/or uses for new
construction in this proposal, we are opposed to any action or
plan that would restrict the sale or rental of any existing
building or occupancy, by adoption of the recommendations
as wri
Don Mc Neilly, Executive Director
For the Board of Directors
i
(C9 ( ffDff
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
April 17, 1987
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CZ 87-5 and ZOA 87-2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert Planning Commission to consider a zoning ordinance amendment and change
of zone creating the El Paseo Pedestrian Commercial Overlay Zone which will
restrict first floor street fronting uses on E1 Paseo between Portola Avenue
and Highway 74 to pedestrian oriented retail and personal service businesses.
oe
' R-2 f3) w k-2 V(5YLR ziw 18t600 R-) 0 � r� I!R I I_1'i I?
F N �R I� ) i Rol ' e R-i ' R- ¢ a. �/I
_RJl _i£ R�a .Ri �` -J—' � � 4 `\ o�.xzde hI-�S.P. �snH cox60 wnr — R71. .,. .�'j
m 14;ooe ;R-
R- R-3 J/ R3 R-3 c T C-i „°
C-I,S.P. cl 0314)
u a'R-� 14J P-�191�--+.FI•'S.P. ! ., .• ; '"
c-I s.P. C-I,S.P. i �!•111?! sP. l� I"
I ,
c-I,!r i . l. I
4 4 G b 0
P.C.I13 ,S.P. 0 I
" 1 ;0;1`1J5 h B:P CI,S.Pr: � I, 1P �'fi1SP
E 0 ��'yf3.Gr,l� .l`I`} vl��e�' , 'C✓'�i i 4� 1•Q� .2. i vtG� ) i ii;�l'. el'irY f. ('i.•I
P
.� v�'�•,.+�'f•r't� rc r�Sl� �� .... :>4:ar f.' r a ' � _..fit s' f,.��< +^'d s}0.�q� � ' ` , � i
Re3 (4) _ r C ,i. P
.. „" .C-I .
z 'R-320W0( W
R•3(4) `
. 3 `- (41 � sneoaw uoux.>in mir
univE s ...w Mou.r ocivc
> 113,QO0 (3) ' 101.Er
SAID public hearing will be held on Tuesday, May 5, 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
correspondence delivered to the city council (or planning commission) at, or
prior to, the public hearing.
PUBLISH: Desert Post RAMON A. DIAZ, Secretary
April 24, 1987 Palm Desert Planning Commission
A
1
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
May 11 , 1987
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CZ 87-5 and ZOA 87-2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider a zoning ordinance amendment and change
of zone creating the El Paseo Pedestrian Commercial Overlay Zone which will
restrict first floor street fronting uses on El Paseo between Portola Avenue
and Highway 74 to pedestrian oriented retail and personal service businesses.
SAID public hearing will be held on Thursday, May 28, 1987 at 7:00 p.m. in
the Council Chamber at the Pa 1 m 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
correspondence delivered to the city council (or planning commission) at, or
prior to, the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
May 15, 1987 City of Palm Desert, California
OD
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
April 17, 1987
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CZ 87-5 and ZOA 87-2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert Planning Commission to consider a zoning ordinance amendment and change
of zone creating the El Paseo Pedestrian Commercial Overlay Zone which will
restrict first floor street fronting uses on E1 Paseo between Portola Avenue
and Highway 74 to pedestrian oriented retail and personal service businesses.
Y R—I, N Rfl EL !co Ez l
R 2 (5/ k2 f5): R2f5) \18,dC ��°—14
R-I i ?-2
Y'I N _ R71 _ tiTT�� t
$.f? o snx a cca caxia n c W `f` ° �, L
�R� ut _ {.RR3J _ R133
I:
C �LJ
R V ( JR-'I. 11
Q'R-316J • Rd191 P'd 141
9P ' iil : ; ! � ,s.R I c•Is.P. C-I,S.P. ! : i .; l!i! i ;c•L! s.e,�li !i c-J: sia.il
� P.C (31i,S.P.
-C' t, it .. C-I,S.P.p; i�-1,7•P —a(C-f•B.P_ --� � I � Crl �S�.R�
P
P.R.-6 aaE, a s•
C I I R3(3) O
16 '
R 3 (CU.P.. -1472)
3 (41f s.+oo. .x oo. >, , uaiv• s•..-. �co.ra. paivE .I
R-3 13 OOd (3> R3' 13,000 ; (3) ,
SAID public hearing will be held on Tuesday, May 5, 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
correspondence delivered to the city council (or planning commission) at, or
Prior to, the public hearing.
PUBLISH: Desert Post RAMON A. DIAZ, Secretary
April 24, 1987 Palm Desert Planning Commission
MEMORANDUM
TO: Phil Drell
FROM: Timothy M. Connor
DATE: June 23 , 1987
RE: Commercial Pedestrian Overlay Zone
Issue : Is it legal for the proposed commercial
pedestrian overlay zone to apply only to new "buildings"
so that in essence the zone applies only to lots that are
presently vacant?
Discussion: This is a legal application of the
commercial pedestrian overlay zone. As a matter of fact,
the subject overlay zone should apply to any change of use
of existing buildings . I would make the following
suggestions:
The commercial pedestrian overlay zone should apply
with respect to any of the following "triggering"
events:
1 . Change of ownership;
2 . New leasee of the premises;
3 . More intense use than previously applied to the
premises;
4 . New structure.
I would further suggest that in the preamble or the
"whereases" we recite a rational purpose for the
commercial pedestrian overlay zone such as "to put
compatible and like businesses together in the same
district or area. "
Memo--Mr. Drell
June 23 , 1987
Page Two
Since the original preparation of this memorandum, you
asked if it would be allowable for the zone to apply only
to new buildings. My opinion is that since this is even
less restrictive, such a zone would be legal.
If you have any questions regarding this memorandum,
please don' t hesitate to contact me.
Very truly yours ,
BEST, BEST & KRIEGER
TIMOTHY M. CONNOR
TMC/mjs
TMC1/17