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HomeMy WebLinkAboutZOA 90-5 CITY OF PALM DESERT 1991 ORDIW E NO. 636 AN ORDINANCE OF THE CITY Ca NCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, MUNICIPAL CODE SECTION 25.68 CASE NO.. ZOA 90-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February, 1991, hold a duly noticed public hearing to consider amendments to Section 25.68; and WHEREAS, the Planning Commission by Resolution No. 1491 has reccamuelded approval; and WHEREAS, said application has complied with 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 the project to be a Class 5 Categorical Exemption; 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 to justify its action as described below: 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 and affected Specific Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, 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 25.68. 3. 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 be in full force and effect thirty (30) days after its adoption. � I N PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of February, 1991 by the following vote, to wit: AYES: BENSON, CRITES, WILSON, SNYDER NOES: KELLY ABSENT: NONE ABSTAIN: NONE 1 WALTER H. SNYDEP, M r Attest: SHEILA R. GI LIGAN, P#y Clerk City of Palm Des ifornia SS/db — 2 + ORDINANCE NO. r 5 EXHIBIT "A" SECTION 1 That Section 25.04. 797 be added to define a supermarket as follows: 25 .04. 797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center ( PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1 . All businesses presently having five or more mechanical or e1ectronic__games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25.30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibited Uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25. 26.020. (Ord. 428 S2(part), 1985 ) . A "supermarket" as defined in Section 25.04.797 having 20, 000 gross square feet or more shall be a prohibited use in the PC( 3 ) zone. SRS/tm 3 CITY OF PALM DESERT TRANSMITTAL LE rM I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20,000 gross square feet as permitted uses in the regional mmk-zcial PC (3) zone �T-�i COUNCIL III. APPLICANT': CITY OF PALM DESEW OQED -_..�. RECEIVED IV. CASE NO.: ZQA 90-5 MEETING—rp V. DATE: February 28, 1991AYES: NOES : y � VI. CONTENTS: ABSTAIii- A. Staff RecommendationVERIFIr - B. Discussion Qrigin4. ;City Clerk's Office C. Draft Ordinance No. 636 D. Planning Commission Minutes involving Case NO. ZQA 90-5 E. Planning Comdssion Resolution No. 1491 F. Planning Carmissicn Staff Report dated January 15, 1991 G. Related maps and/or exhibits --------------------------------------------------------------------------- A. STAFF R1XX244 SIDAON: Waive further reading and pass Ordinance No. 636 to second reading. B. DISQiSSION: During the processing of the DSL Service Company proposal at Fred Waring and Highway 111 the matter of an Albertson's supermarket became a significant issue. City council indicated it did not wish to see more supermarkets in the PC (3) zone because they are inconsistent with the type of cam,ercial uses the city wishes to encourage in the area. Staff was directed to process the necessary code amendment. Planning ccnmi.ssicn reviewed this proposal and passed same of a 4-0 vote (Camdssioner Downs absent). Prepared by: Reviewed and Approved by: aIImIxE NO. 636 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, MUNICIPAL CODE SECTION 25.68 CASE NO.: ZOA 90-5 WHEREAS, the City Council of the City of Palm Desert, California, did cn the 28th day of February, 1991, hold a duly noticed public hearing to consider amPndments to Section 25.68; and WHEREAS, the Planning Cawdssi.c n by Resolution No. 1491 has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Irrplement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined the project to be a Class 5 Categorical Exemption; 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 follaaing facts to justify its action as described below: 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 and affected Specific Plan. 3. That the Zonning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above rec1taticns are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a Zcn g Ordinance Text Amendment, as Provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.68. 3. 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 be in full force and effect thirty (3) days after its adoption. ' ORDIMNCE ND. 616 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of February, 1991 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor Attest: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California SS/db 2 ' ORDINANCE NO. EXHIBIT "A" SECTION 1 That Section 25.04. 797 be added to define a supermarket as follows: 25.04.797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center (PC3) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25.30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibited Uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25.26.020. (Ord. 428 S2(part) , 1985) . A "supermarket" as defined in Section 25 04 797 having 20, 000 gross square feet or more shall be a prohibited use in the PC(3) zone. SRS/tm 3 ERT PLANNING COMMISSION Y 15, 1991 Moved by Commissioner Erwood, seconded by Commissioner Richards, approving the findings and presented by staff. Carried 3-0-1 ( Commissioner Jonathan abstained) . Moved by Commissioner Erwood, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1490, approving CUP 90-23, subject to conditions. garried 3-0-1 ( Commissioner Jonathan abstained) . 1 I. Case No. ZOA 90-5 - CITY OF PALM DESERT, 4 " cant Request for consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20, 000 gross square feet as permitted uses in the regional commercial PC(3 ) zone. S� Mr. Smith outlined the salient points of the staff rem He explained that the amendment would require a super ma �f> in the PC(3 ) zone to be greater than 20,000 square feet. �p indicated that this would go to city council for adoption. After questioning, Mr. Smith explained that there was zoning available in the north sphere, but none on Highway 111 . He indicated that this amendment could effect Von' s in the event that it was destroyed. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the amendment. There was no one and the public testimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1491, recommending approval of ZOA 90-5 city council. Carried 4-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS 9 PL. IING COMMISSION RESOLUTI01 JO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO SUPERMARKETS HAVING 20,000 SQUARE FEET OR MORE IN THE PC( 3 ) ZONE. CASE NO. ZOA 90-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said amendment has complied with the requirements of . the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to supermarkets having 20, 000 gross square feet or more in the PC( 3 ) zone is consistent with the intent of the zoning ordinance and protects the community 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 it does hereby recommend approval of ZOA 90-5 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 1 PLANNING COMMI. -ON RESOLUTION NO. EXHIBIT "A" SECTION 1 That Section 25.04. 797 be added to define a supermarket as follows: 25 .04. 797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center (PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1 . All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25.30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibit uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25. 26 .020. (Ord. 428 S2(part), 1985 ) . A "supermarket" as defined in Section 25 04 797 having 20, 000 gross square feet or more shall be a prohibited use in the PC( 3 ) zone. SRS/tm 2 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 15, 1991 CASE NO: ZOA 90-5 REQUEST: Consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20, 000 gross square feet as permitted uses in the regional commercial PC( 3 ) zone. APPLICANT: City of Palm Desert I. BACKGROUND• During the processing of the DSL Service Company proposal at Fred Waring and Highway 111 the matter of an Albertson' s supermarket became a significant issue. City council indicated it did not wish to see more supermarkets in the PC( 3) zone because they are inconsistent with the type of commercial use the city wishes to encourage in the area. Therefore, staff was directed to process the necessary code amendment. II. ANALYSIS• The ordinance presently does not define supermarket. We are proposing to define a "supermarket" as follows: "A self-serve retail market selling foods and household merchandise. " This will be added to the definition section of the ordinance at section 25.04. 797. Secondly, we will amend the first paragraph of section 25.30.020 ( Permitted Uses) from: B. Regional center ( PC3) : Such uses include but are not limited to supermarket, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive-through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. to: P STAFF REPORT ZOA 90-5 JANUARY 15, 1991 B. Regional center (PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. Sections B1 and B2 of the section continue to apply ( they relate to video arcades) . Thirdly, we will amend Section 25.30.026 Prohibited Uses by adding a second paragraph which will read as follows: A "supermarket" as defined in section 25.04.797 having 20, 000 gross square feet or more shall be a prohibited use in the PC(3 ) zone. Adoption of these amendments to the ordinance will prohibit additional supermarkets 20, 000 gross square feet or more from locating in the PC(3 ) zone. The existing Von' s at Palms to Pines West II will be allowed to remain as a legal nonconforming use in the zone. Pursuant to Section 76 Nonconforming Lots Buildings and Uses the Von' s could remain indefinitely. This section would also allow reconstruction provided the building was not destroyed beyond fifty percent ( 50% ) of its reasonable replacement value at time of destruction. III. CEQA REVIEW: An amendment to a section of the zoning ordinance is a class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. IV. RECOMMENDATION: That case no. ZOA 90-5 deleting supermarkets having 20,000 gross square feet or more as a permitted use in the PC (3 ) zone be recommended for approval to the city council. 2 d STAFF REPORT ZOA 90-5 JANUARY 15, 1991 V. ATTACHMENTS• A. Draft resolution. B. Legal notice. Prepared by Reviewed and Approved by SRS/tm 3 o9 hallo Lgg� 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZDA 90-5 NOTICE IS HEREBY GIVEN that a Public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the zoning ordinance to delete :supermarkets" and "grocery stores" as permitted uses in the regional commercial (PC-3) zone. SAID public hearing will be held on Tuesday, January t5, 1991. 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 ra I s 1 ng on I y those Issues you or someone else raised at the public hearing described to 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 December 19, 1990 Palm Desert Planning Commission R D73-510 FRED WARINO DRIVE,PALM DESER],CALIFORNIA 92260 TELEPHONE(619)346 0611 January 31, 1991 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 90-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Councll to consider an amendment to the zoning ordinance to delete "supermarkets" and "grocery stores" as permitted uses In the regional commerclal (PC-3) zone. SAID public hearing will be held on Thursday, February 28, 1991. 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. Written comments concerning all Items ' covered by this public hearing notice shall be accepted up to the date of the hearing. information concerning the proposed project and/or negative declaration Is available for review In the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. . If you challenge the proposed actions In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or In written correspondence delivered to the planning comnisslon (or city council) at. or prior to, the public hearing. PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk February 6; 1991 City of Palm Desert, California r CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council , II. REQUEST: Consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20,000 gross square feet as permitted uses in the regional co nercial PC (3) zone III. APPLICANT: CITY OF PALM DESERT IV. CASE NO.: ZOA 90-5 V. DATE: February 28, 1991 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 90-5 E. Planning Commission Resolution No. 1491 F. Planning Commission Staff Report dated January 15, 1991 G. Related maps and/or exhibits --------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: During the processing of the DSL Service Company proposal at Fred Waring and Highway 111 the matter of an Albertson's supermarket became a significant issue. City council indicated it did not wish to see more supermarkets in the PC (3) zone because they are inconsistent with the type of commercial uses the city wishes to encourage in the area. Staff was directed to process the necessary code amendment. Planning commission reviewed this proposal and passed same on a 4-0 vote (Commissioner Downs absent). Prepared by: — Reviewed and Approved by: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, MUNICIPAL CODE SECTION 25.68 CASE NO.. ZOA 90-5 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of February, 1991, hold a duly noticed public hearing to consider amendments to Section 25.68; and WHEREAS, the Planning Camdssion by Resolution No. 1491 has recc m ended approval; and WHEREAS, said application has complied with 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 the project to be a Class 5 Categorical Exemption; 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 to justify its action as described below: 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 and affected Specific Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, 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 25.68. 3. 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 be in full force and effect thirty (3) days after its adoption. ORDINANCE NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of February, 1991 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. YDER, Mayor Attest: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California SS/db 2 ORDINANCE NO. EXHIBIT "A" SECTION 1 That Section 25.04. 797 be added to define a supermarket as follows: 25 -04.797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center ( PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1 . All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25. 30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibited Uses. Any permitted use set forth in Sections 25.30. 020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25. 26 .020. (Ord. 428 S2(part ) , 1985 ) . A "supermarket" as defined in Section 25 04 797 having 20, 000 gross square feet or more shall be a prohibited use in the PC(3 ) zone. SRS/tm 3 PLANNING COMMISSION RESOLUTI�'• NO. 1491 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO SUPERMARKETS HAVING 20,000 SQUARE FEET OR MORE IN THE PC(3) ZONE. CASE NO. ZOA 90-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1. The proposed amendment relating to supermarkets having 20,000 gross square feet or more in the PC(3) zone is consistent with the intent of the zoning ordinance and protects the community health, safety and general welfare. NOW, THEREFORE, HE 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 it does hereby recommend approval of ZOA 90-5 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES: ERWOOD, JONATHAN, RICHARDS, AND WHITLOCK NOES: NONE ABSENT: DOWNS ABSTAIN: NONE Lra� ��- /// ?' CAROL WHITLOCK, Chairperson f ATTEST: , A �' , � RAMON A. DIAZ, Secretary SRS/tm PLANNING COMMISSION RESOLUTION NO. 1491 EXHIBIT "A" SECTION 1 That Section 25.04. 797 be added to define a supermarket as follows: 25.04.797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center (PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1 . All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25.30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibit uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25. 26 . 020. (Ord. 428 S2(part) , 1985) . A "supermarket" as defined in Section 25.04.797 having 20, 000 gross square feet or more shall be a prohibited use in the PC( 3 ) zone. SRS/tm 2 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 15, 1991 Moved by Commissioner Erwood, seconded by Commissioner Richards, approving the findings and presented by staff. Carried 3-0-1 ( Commissioner Jonathan abstained) . Moved by Commissioner Erwood, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1490, approving CUP 90-23, subject to conditions. Carried 3-0-1 ( Commissioner Jonathan abstained) . Case No. ZOA 90-5 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20, 000 gross square feet as permitted uses in the regional commercial PC( 3 ) zone. Mr. Smith outlined the salient points of the staff report. He explained that the amendment would require a super market in the PC(3 ) zone to be greater than 20, 000 square feet. He indicated that this would go to city council for adoption. After questioning, Mr. Smith explained that there was zoning available in the north sphere, but none on Highway 111 . He indicated that this amendment could effect Von' s in the event that it was destroyed. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the amendment. There was no one and the public testimony was closed. Action• Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1491, recommending approval of ZOA 90-5 city council . Carried 4-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS 9 123539P ad2 12 19 90 PROOF OF PUBLICATION (2015.5 C.C.P) Proof of Publication of: This space is for the County Clerk's Filing Stamp PALM DESERT PLANNING COMMISSION Case No. ZOA 90-5 C, l STATE OF CALIFORNIA, County of Riverside,I am a cid- zen of the United States and a re- CITY OF PALM DESERT sident of the County aforesaid; I LEGAL NOTICE mover the age of eighteen years, CASE NO. ZOA 90.5 and not a party to or interested in NOTICE IS HEREBY GIVEN that a public hearing will b� the above-entitled matter.I am the held before the Palm Desert Planning Commission 10' clerk of the rinterof the consider an amendment to the zoning ordinance to delete principal p "supermarkets-and"grocery stores"as permitted uses in� Desert Post,a newspaper of gen- the regional commercial (PC3) zone. 1 eral circulation,printed and pub- SAID public hearing will be held on Tuesday.January 151 lished bi-weekly in the City of 1991. at 7:00 Orn in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waning Drive, Palm Palm Descrt County of Riverside, Desert,California, at which time and place all interested and which newspaper has been persons are invited to attend and be heard.If you challenge adjudged a newspaper of general the proposed actions in court,you may be limited to faislno I 8 only those issues you or someone else raised at the put ihf circulation by the Superior Court hearing described in this notice, or in-written of the County of Riverside,State correspondence delivered to the planning commission(ot city council) at, or prior to. the public hearing. ; of California, under the date of RAMON A. DIAZ. Secretar� 10/5, 1964.Case Number 83658; Palm Desert Planning Commission that the notice, of which the an- (PUB. D.P. DEC. 19, 1990) '1 nexed is a printed copy (set in type not smaller than nonpareil), has been published in each regu- In and entire issue of said news- paper and not in any supplement thereof on the following date,to- wit: 12/19 all in the year 1990. I certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Desert California, this 19th day of December,1990 �%)' 44A /.7 (Signed) 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611- January 31 , 1991 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 90-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the zoning ordinance to delete "supermarkets" and "grocery stores" as permitted uses in the regional commercial (PC-3) zone. SAID public hearing will be held on Thursday, February 28, 1991 , 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. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions In court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk February 6, 1991 City of Palm Desert, California CITY OF PALM DESERT DEPh.,fMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 15, 1991 CASE NO: ZOA 90-5 REQUEST: Consideration of an amendment to the zoning ordinance to delete "supermarkets" in excess of 20, 000 gross square feet as permitted uses in the regional commercial PC(3) zone. APPLICANT: City of Palm Desert I . BACKGROUND: During the processing of the DSL Service Company proposal at Fred Waring and Highway 111 the matter of an Albertson' s supermarket became a significant issue. City council indicated it did not wish to see more supermarkets in the PC( 3 ) zone because they are inconsistent with the type of commercial use the city wishes to encourage in the area. Therefore, staff was directed to process the necessary code amendment. II . ANALYSIS: The ordinance presently does not define supermarket. We are proposing to define a "supermarket" as follows: "A self-serve retail market selling foods and household merchandise. " This will be added to the definition section of the ordinance at section 25.04. 797. Secondly, we will amend the first paragraph of section 25.30.020 (Permitted Uses) from: B. Regional center (PC3 ) : Such uses include but are not limited to supermarket, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive-through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. to: STAFF REPORT ZUA 90-5 JANUARY 15, 1991 B. Regional center (PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. Sections B1 and B2 of the section continue to apply (they relate to video arcades ) . Thirdly, we will amend Section 25.30.026 Prohibited Uses by adding a second paragraph which will read as follows: A "supermarket" as defined in section 25.04. 797 having 20, 000 gross square feet or more shall be a prohibited use in the PC(3 ) zone. Adoption of these amendments to the ordinance will prohibit additional supermarkets 20, 000 gross square feet or more from locating in the PC( 3 ) zone. The existing Von' s at Palms to Pines West II will be allowed to remain as a legal nonconforming use in the zone. Pursuant to Section 76 Nonconforming Lots Buildin s and Uses the Von' s could remain indefinitely. This section would also allow reconstruction provided the building was not destroyed beyond fifty percent ( 50%) of its reasonable replacement value at time of destruction. III. CEQA REVIEW: An amendment to a section of the zoning ordinance is a class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. IV. RECOMMENDATION: That case no. ZOA 90-5 deleting supermarkets having 20, 000 gross square feet or more as a permitted use in the PC (3 ) zone be recommended for approval to the city council . 2 STAFF REPORT ZOA 90-5 JANUARY 15, 1991 V. ATTACHMENTS' A. Draft resolution. B. Legal notice. Prepared by Reviewed and Approved by SRS/tm 3 PLA' NG COMMISSION RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO SUPERMARKETS HAVING 20, 000 SQUARE FEET OR MORE IN THE PC(3 ) ZONE. CASE NO. ZOA 90-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of January, 1991, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined the amendment to be a class 5 categorical exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the zoning ordinance text amendment: 1 . The proposed amendment relating to supermarkets having 20, 000 gross square feet or more in the PC(3) zone is consistent with the intent of the zoning ordinance and protects the community 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 it does hereby recommend approval of ZOA 90-5 as provided in the attached exhibit labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of January, 1991, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: CAROL WHITLOCK, Chairperson RAMON A. DIAZ, Secretary SRS/tm PLANNING COMMIS; N RESOLUTION NO. EXHIBIT "A" SECTION 1 That Section 25.04.797 be added to define a supermarket as follows: 25.04. 797 Supermarket. A self-serve retail market selling foods and household merchandise. SECTION 2 That Section 25.30.020B be and the same is hereby amended to read as follows: B. Regional center (PC3 ) : Such uses include but are not limited to supermarkets less than 20, 000 gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1 . All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four, 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request; SECTION 3 That Section 25.30.026 be and the same is hereby amended to read as follows: 25.30.026 Prohibit uses. Any permitted use set forth in Sections 25.30.020 and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section 25. 26. 020. (Ord. 428 S2(part) , 1985 ) . A_ "supermarket" as defined in Section 25 04 797 having 20, 000 gross square feet or more shall be a prohibited use in the PC(3 ) zone. SRS/tm 2 o9 ftkua L�@n 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)3460811 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 90-5 NOTICE IS HEREBY GIVEN that a Public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the zoning ordinance to delete :supermarkets" and "grocery stores" as permitted uses in the regional commercial (PC-3) zone. SAID public hearing will be held on Tuesday, January 15, 1991, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-5I0 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 December 19, 1990 Palm Desert Planning Commission " I��UUa o a o 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 December 17, 1990 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 90-5 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the zoning ordinance to delete :supermarkets" and "grocery stores" as permitted uses in the regional commercial (PC-3) zone. SAID public hearing will be held on Tuesday, January 15, 1991 , 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 December 19, 1990 Palm Desert Planning Commission