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HomeMy WebLinkAboutZOA 91-3 CITY OF PALM DESERT 1991 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1991 CASE NO. : ZOA 91-3 REQUEST: Amendment to permitted conditional uses in the commercial zone (C-1 , PC-2, PC-3 and PC-4) APPLICANT: City of Palm Desert I. BACKGROUND: August 20, 1991 commission acted on the case to add "swap meet" "street fair" as a conditional permitted use in the public/institutional zone. At that time commission directed staff to advertise and process a similar amendment which would be applicable to the commercial zones in the city. II. DISCUSSION: The draft resolution attached hereto will insert "swap meet - street fair" as a permitted conditional use in the commercial zones C-1 , PC-2, PC-3 and PC-4 (sections 25.28.030 L, 25.30.020 A, 25.30.020 B and 25.30.020 C) . III . ANALYSIS: A. 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 will better serve the public health, safety and general welfare. B. ENVIRONMENTAL REVIEW: The director of community development has determined that the proposed code amendment is a class 21 categorical exemption and no further review is necessary. STAFF REPORT CASE NO. ZOA 91-3 SEPTEMBER 17, 1991 IV. RECOMMENDATION: Staff recommends: A. Adoption of the findings delineated in the staff report. B. Adoption of Planning Commission Resolution No. , recommending approval of ZOA 91-2 to the city council . Prepared by: Reviewed and Approved bye SRS/db 2 i 1 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030 AND 25.30.020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1991 , hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25.28.030 and 25.30.020 (conditional uses in the commercial zones) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-3 as provided in the attached exhibit, labeled Exhibit "A". 1 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 17th day of September, 1991 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/db 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section I That section 25.28.030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." Section 2 That section 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts , crafts, clothing, goods, wares and other merchandise." Section 3 That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." Section 4 That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." SRS/db 3 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 August 29, 1991 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 91-3 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 add "outdoor sales of arts, crafts, clothing, goods, wares and other merchandise" as a permitted conditional use in C1 , PC2, PC3 and PC4 commercial districts. SAID public hearing will be held on Thursday, October 10, 1991 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. 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 your 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 September 4, 1991 City of Palm Desert, California 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 August 21 , 1991 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 91-3 NOTICE IS HEREBY GIVEN that a public hearing will be he1d before the Palm Desert Planning Commission to consider, an amendment to the zoning ordinance to add "street fair - swap meet" as a conditional use in the commercial zones (C- 1 , PC-2, PC-3 and 1:::'C-4) and a Negative Declaration of Environmental Impact as related thereto. SAIO public hearing will be held on Tuesday, September, 17, 1991 , at 7: 00 in 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 pu l ear bic hin c g notie 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 RAMON A. Ell.AZ, Secretary August 28, 1991 Palm Desert Planning Commission CITY OF PALM DESERT DE ;TMENT OF COMMUNITY DEVELL_ .ENT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of an amendment to the zoning ordinance as it relates to permitted conditional uses in the C-1, PC-2, PC-3 and PC-4 commercial zones. III . APPLICANT: City of Palm Desert l IV. CASE NO: ZOA 91-3 �� J A TI 0 1 V. DATE: October 10, 1991 VI . CONTENTS: t; D RE-A-DI 13 i A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. 659 . D. Planning Commission staff report dated September 17, 1991 . E. Related maps and/or exhibits. ------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 659 to second reading. B. BACKGROUND: During the hearing for a code amendment to permit open air sales in the public zone subject to a conditional use permit the Chamber of Commerce requested that the amendment be expanded to permit similar requests to be considered in the commercial zones. Planning commission concurred with the request and the second matter was noticed and a separate hearing was held by the planning commission September 17, 1991 . At that time it was recommended for approval to the city council on a 3-0 vote with Commissioner Jonathan absent and Commissioner Spiegel expected to be sworn in at a future meeting. C. DISCUSSION: This proposed code amendment, if adopted, will permit a "swap meet- street fair" type of activity as a conditional use in the commercial zones. Adoption of this amendment will permit the city STAFF REPORT ZOA 91-3 OCTOBER 10, 1991 to process a conditional use permit for future street fairs in the commercial zones. The CUP ' s then could be fully assessed and denied or approved subject to conditions which would be imposed on the operation. Prepared by: Reviewed and Approved by: SRS/tm 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1991 CASE NO. : ZOA 91-3 REQUEST: Amendment to permitted conditional uses in the commercial zone (C- 1 , PC-2, PC-3 and PC-4) APPLICANT: City of Palm Desert I . BACKGROUND: August 20, 1991 commission acted on the case to add "swap meet" "street fair" as a conditional permitted use in the public/institutional zone. At that time commission directed staff to advertise and process a similar amendment which would be applicable to the commercial zones in the city. II . DISCUSSION: The draft resolution attached hereto will insert "swap meet - street fair" as a permitted conditional use in the commercial zones C-1 , PC-2, PC-3 and PC-4 (sections 25.28.030 L, 25.30.020 A, 25.30.020 B and 25. 30.020 C) . III . ANALYSIS: A. 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 will better serve the public health, safety and general welfare. B. ENVIRONMENTAL REVIEW: The director of community development has determined that the proposed code amendment is a class 21 categorical exemption and no further review is necessary. PLAN fG COMMISSION RESOLUTION l 1537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25 . 28.030 AND 25 .30. 020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1991, hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25. 28. 030 and 25 . 30.020 ( conditional uses in the commercial zones ) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-3 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 the 17th day of September, 1991 , by the following vote, to wit: AYES: DOWNS, RICHARDS, WHITLOCK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/db/tm PLANNING COMMISSION SOLUTION NO. 1537 EXHIBIT "A" Section 1 That section 25. 28.030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L . Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 2 That section 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 3 That section 25 .30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 4 That section 25 .30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SRS/db/tm 2 N, 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 OFFICE OF TELEPHONE (619) 346-0611 FAX (619) 340-0574 THE MAYOR September 17, 1991 Mr. Charles E. McEwan 34 Kavenish Drive Rancho Mirage, California 92270 Dear Mr. McEwan : Thank you for your letter of September 11, 1991, relative to the College of the Desert Street Fair. The matter of a Conditional Use Permit (C. U. P. ) will be heard by the Planning Commission this evening and by the City Council in a public hearing at 7 :00 p. m. on Thursday, October 10, 1991. Once the matter has been decided on the C. U. P. , the Commission and the Council can begin public hearings relative to specific applications, i. e. , the College of the Desert Street Fair. Those public hearings will probably be scheduled for November and December of this year. Your letter will be provided to the Planning Commission and City Council for consideration in the deliberation of this issue. In the meantime, thank you for taking the time to write us. Your opinions and concerns are of importance to us. Sincerely, ex�& �'� a744/ WALTER H. SNYDER MAYOR WHS: phs RECEIVED '91 SCEP IS PI1 2 C1 September 11, 1991 CITY CLERK'S OFFICE Palm Desert City Council City Hall 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear City Council Members: I have watched from a distance the growing conflict between the Palm Desert/Rancho Mirage businesses and the College of the Desert (COD) Street Fair. I am not a disinterested party as my wife owns a women's boutique on E1 Paseo in Palm Desert. The whole issue of the COD legal or illegal Street Fair because of zoning is totally immaterial if you look at all other parameters involved. I believe that the city would not allow the Street Fair to continue if they weighed the true facts and not the emotional facts . The major fact being that COD is the operator of the Street Fair. If this was an individual or business, not COD, the zoning change would not be considered. Because of COD you are overlooking some major items: 1 . The local shopping areas are vacant from 8: 00 AM until 2 :00 - 3:00 PM on both Saturday and Sunday, when the Street Fair is operating. 2 . Small businesses are being terminally damaged by the Street Fair, in particular: a) Hardware stores (tools) b) Silk plants and plant stores c) Restaurants (no Saturday or Sunday lunches) d) Art galleries e) Tee shirt shops f) Shoe stores g) Golf shops h) Furniture i) Accessories (lamps/rugs j ) Jewelry stores (watches) k) Clothing stores (handbags, costume jewelry) 3. Most vendors at the Street Fair are professional swap meet vendors that travel from location to location and are not local people. The products they are selling are bought wholesale in Los Angeles or Mexico. A number of these products are illegal copies of trademarked merchandise and there have been arrests at the Street Fair because of the illegal merchandise. 4 . Even the produce is trucked in from the Los Angeles produce market. 5 . The money raised by COD through the Street Fair is always listed at $300, 000 but the net amount is never mentioned. The local stores and shops do hire local people and do pay their taxes locally. The small businesses in our local area are having a hard time during the current business slow down. To have Street Fairs that come to town on Saturday and Sunday and reap the best tourist days from local merchants and pay two day's rent and no property taxes, is ludicrous, and probably fatal to many small businesses . They don't operate through the summer at all because they only pay rent when they show up. You can do that if you operate on state property and don't pay local property taxes . I am sure most businesses are not against fair competition but this does not qualify as fair competition. These are important issues and I don't believe they have been address properly. One mistake that has been consistently made is to pit the little person at the swap meet against I Magnin's, Bullock's or E1 Paseo. Forget I . Magnin's, Bullock's and El Paseo and worry about the little stores and shops that are hurting. These same businesses are asking their attorneys and landlords if they can break their lease because of this zoning change so that they can join the Street Fair. If the Palm Desert City Council votes to approve this mis-use of state property by changing the zoning, you are sending an absolute message to small business that Palm Desert doesn't want you in town, get out, we don't need you111 The Street Fair will pay taxes and hire local people to sell illegal copies of Rolex watches, Ray-Ban glasses and Chanel purses . The council should consider these import facts before setting a damaging precedent of allowing a Street Fair to destroy your tax paying small businesses . Thank you for your consideration. Sincerel 7 Charles E. McEwan 34 Ravenish Drive Rancho Mirage, CA 92270 - 2 - i l 1 7�k 9 (K�Ev v P�I�a mp�:��U)2 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 OFFICE OF TELEPHONE (619) 346-0611 FAX (619) 340-0574 THE MAYOR September 17, 1991 Mr. James H. Struck Eagle Art Galleries 73-199 El Paseo Palm Desert, California 92260 Dear Mr. Struck : Thank you for your letter of August 22, 1991, relative to the College of the Desert Street Fair. The matter of a Conditional Use Permit (C. U. P. ) will be heard by the Planning Commission this evening and by the City Council in a public hearing at 7 :00 p. m. on Thursday, October 10, 1991. Once the matter has been decided on the C. U. P. , the Commission and the Council can begin public hearings relative to specific applications, i. e. , the College of the Desert Street Fair. Those public hearings will probably be scheduled for November and December of this year. Your letter will be provided to the Planning Commission and City Council for consideration in the deliberation of this issue. In the meantime, thank you for taking the time to write us. Your opinions and concerns are of importance to us. Sincerely, Of WALTER H. SNYDER MAYOR WHS: phs RECEIVED' '91 PUG 22 firs 9 Sy CLERK'S OFFICE 22 August 1991 Mayor Walter Snyder City of PAlm Desert 73-510 Fred Waring Drive Palm Desert , CA 92260 RE: Case #ZOA 91-2 Dear Mayor Snyder : I would like to take a few minutes of your time to bring to your attention some issues which, I feel , relate to the proposed zoning ordinance change on open air selling. 1 . You must look at what the potential long term effect of open air selling will have on the community. 2 . What is the potential environmental impact on the community? Would a prospective applicant be required to provide a full scale EIR prior to being granted a CUP? 3 . What is the anticipated cost of this zoning change to the city? How and where will the funding come from to the the costs? 4 . If the zoning change is passed, would vendors then fall under the jurisdiction of all zoning laws? For example, would the vendors be required to follow the zoning regulation on signage? Are the current signage regulations applicable to open air selling, or would they need to be modified? How would open air selling be applied to other zoning regulations? 5 . Would the vendors Business License fee be based on their gross annual sales or would it be a flat fee? Would the fees generate sufficient revenue to cover the associated costs of enforcing the zoning regulations? 6 . The Palm Desert Chamber of Commerce has proposed that there be an element of control placed on open air selling. What are these controls? Are they feasible to enforced, considering the present City Staff? 7 . Usually open air selling is held only on the weekend. Is the City Staff prepared to work seven days a week enforcing the Code equally to all businesses? 8 . What would the penalties be for violation of the Code? Financial? Revocation of a Business License? The issue of open air selling will have a tremendous impact on this community, and will require a great deal of time to ascertain the answers to a variety of related items which should be addressed before any final action is taken. I have a great deal of faith in you and your colleagues to thoroughly evaluate each one to determine what the long term effect will have on us . Unfortunately elected officials sometimes have to vote against a popular issue with the people to best serve the long term needs of a community . I shall eagerly await your response to my quires . Thank you very much. Sincerely, r James H. Struck, Owner Eagle Art Galleries 73-199 E1 Paseo Palm Desert , CA 92260 cc : Jean Benson Buford Crites Richard Kelley S . Roy Wilson ORDINANCE NO. 659 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25. 28 AND 25.30 OF CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE COMMERCIAL DISTRICTS. CASE NO. ZOA 91-3 The City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1 . That 25. 28.030 of the Code of the City of Palm Desert, California, be, and the same hereby is, amended by adding to said section the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 2. That 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 3. That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 4. That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 5 . The City Clerk shall certify as to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty ( 30) days after its adoption. ORDINANCE NO. 659 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 14th day of November, 1991, by the following vote, to wit: AYES: BENSON, KELLY, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: CRITES, WILSON WALTER H. SNYDER, Ma r ATTEST: SHEILA R. GZ LIGAN, / ty Clerk City of Palm Desert, California SRS/tm 2 r •MINUTES PALM DESERT PLANNING __KMISSION i SEPTEMBER 17, 1991 MR. MATT FLOREZ, 77-777 Country Club Drive No. 146, stated that he was representing GTE. He stated that they closed escrow in July and recently submitted a letter deferring this project and indicated that they were re- evaluating this project because of economics. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public testimony was closed. Commissioner Downs asked why the division into three parcels. Mr. Diaz stated that it would separate the parcels by zoning. Action: Moved by Commissioner Richards, seconded by Chairperson Whitlock, adopting the findings as presented by staff. Carried 2-1 (Commissioner Downs voted no) . Moved by Commissioner Richards, seconded by Chairperson Whitlock, adopting Planning Commission Resolution No. 1536, approving PM 27213, subject to conditions. Carried 3-0. F. Case No. ZOA 91-3 - CITY OF PALM DESERT, Applicant Request for an amendment to permitted conditional uses in the commercial zones (C-1, PC-2, PC-3 and PC-4) . Mr. Diaz outlined the salient points of the staff report and recommended approval. He explained that this would allow anyone in the commercial zones to apply for a conditional use permit for open air selling. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MR. DAN EHRLER, Executive Director of the Palm Desert Chamber of Commerce, recommended approval of this amendment for the process to occur where both commercial, as well as public/institutional, zonings would allow open air selling to take place. He noted that at the last meeting the chamber requested this amendment and the Palm Desert Chamber of Commerce Board of Directors strongly urged the active participation by its representatives in the conditional use permit process. He indicated an 17 ,MINUTES PALM DESERT PLANNING .,wMMISSION SEPTEMBER 17, 1991 arrangement had been worked out with Mr. Diaz where a committee had been selected to be involved directly in that process. He stated those representatives included E1 Paseo, Highway 111, the Town Center, and the One Eleven Town Center shopping areas to be involved with the review and input regarding any (public/institutional or commercial ) conditional use permit requests. He felt that the question of equity and the control system and the business communities' input within the process was of the utmost importance. The chamber had selected a body of very respected business persons who had already volunteered to take part in that process. He requested approval of the complete amendment to go to city council. Chairperson Whitlock closed the public testimony. Commissioner Downs stated that he was basically against the whole thing, but felt that control was needed over the use at the College of the Desert. Commissioner Richards indicated that the real issues would be discussed at a later date and this was just to facilitate matters. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1537, recommending approval of ZOA 91-3 to city council. Carried 3-0. VIII. MISCELLANEOUS A. Case No. PP 91-1 - MLA INVESTMENTS, INC. , Applicant Request for a determine of use for a child care facility to be located on the commercial property behind RB Furniture. Mr. Diaz indicated that MLA Investments was requesting a determination of use as to whether a child care facility could be applied for with a conditional use permit in the commercial 18 CITY OF PALM DESERT COUNCIL AGENDA REQUEST MEETING OF r 16 I (=I/ Consent Calendar Item 1 . TO BE CONSIDERED AS : >_Public Hearing Item Regular Item 2 . REQUEST : Consideration of an amendment to the zoning ordinance as it relates to permitted conditional uses in the C-1 , PC-2, PC-3 and PC-4 commercial zones. C�lac; 2-0Q 0//-3 3 . FINANCIAL : ( Complete If Necessary ) (a ) Acct/Prof . # (b) Amount Requested ( c ) Current Budget ? (d) Appropriation? Apprvd : Finance Director 4 . SUBMITTED BY : APPROVAL : . ' - - , Department He City Manager 6/ 13/88 i CITY OF PALM DESERT DEP CMENT OF COMMUNITY DEVELC___2NT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II . REQUEST: Consideration of an amendment to the zoning ordinance as it relates to permitted conditional uses in the C-1, PC-2, PC-3 and PC-4 commercial zones. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 91-3 V. DATE: October 10, 1991 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. D. Planning Commission staff report dated September 17, 1991 . E. Related maps and/or exhibits. ------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. BACKGROUND: During the hearing for a code amendment to permit open air sales in the public zone subject to a conditional use permit the Chamber of Commerce requested that the amendment be expanded to permit similar requests to be considered in the commercial zones. Planning commission concurred with the request and the second matter was noticed and a separate hearing was held by the planning commission September 17, 1991. At that time it was recommended for approval to the city council on a 3-0 vote with Commissioner Jonathan absent and Commissioner Spiegel expected to be sworn in at a future meeting. C. DISCUSSION: This proposed code amendment, if adopted, will permit a "swap meet- street fair" type of activity as a conditional use in the commercial zones. Adoption of this amendment will permit the city STAFF REPORT ZOA 91-3 OCTOBER 10, 1991 to process a conditional use permit for future street fairs in the commercial zones. The CUP' s then could be fully assessed and denied or approved subject to conditions which would be imposed on the operation. Prepared by: Reviewed and Approved by: i. SRS/tm 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25. 28 AND 25.30 OF CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE COMMERCIAL DISTRICTS. CASE NO. ZOA 91-3 The City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1 . That 25. 28.030 of the Code of the City of Palm Desert, California, be, and the same hereby is, amended by adding to said section the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 2. That 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 3. That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 4. That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SECTION 5. The City Clerk shall certify as to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of 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 SRS/tm 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 19, 1991 City of Palm Desert Re: ZOA 91-3 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 17, 1991 . PLANNING COMMISSION RECOMMENDED TO COUNCIL APPROVAL OF ZOA 91-3 BY ADOPTION OF RESOLUTION NO. 1537. MOTION CARRIED 3-0 (COMMISSIONER JONATHAN WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15 ) days of the date of the decision. RAM N A. I XZ, S R RY PALM DESERT PLANNI COMM-L`-,3ION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO . 1537 A RESOLUT _ 4 OF THE PLANNING COMMISSluiv OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25 . 28 . 030 AND 25 . 30 . 020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1991 , hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25 . 28 . 030 and 25 . 30. 020 ( conditional uses in the commercial zones ) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-3 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 the 17th day of September, 1991, by the following vote, to wit: AYES : DOWNS, RICHARDS, WHITLOCK NOES : NONE ABSENT: JONATHAN ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATT R MOSR A. DI Z, 'Siecr ary SRS/db/tm PLANNING COMMISSION PwOOLUTION NO. 1537 EXHIBIT "A" Section 1 That section 25 . 28. 030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 2 That section 25 .30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 3 That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 4 That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SRS/db/tm 2 o N 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 19, 19C?. City of Palm Desert Re: ZOA 91-3 The Planning Commission cif the City of Palm Desert has considered your request and taken the foi.lowing action at its meeting of September 17, 1991 . PLANNING COMMISSION RECOMMkTNDED TO COUNCIL APPROVAL OF ZOA 91-3 BY ADOPTION OF RESOLUTION NO. 1537. MOTION CARRIED 3-0 (COMMISSIONER JONATHAN WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, Ci--y of Palm Desert, within fifteen ( 15 ) days of the date of the decJ.-sion.. • RAM9NA. XZ, S R RY PALM DESERT PLANNI COM'..1 :,SION RAD/tm cc: Coachella Valley Water District Public Works DepartmEr:.t Building & Safety Iepartment Fire Marshal PLANNTNG COMMISSION RESOLUTION "^. 1537 A RESOLUTIuN OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25. 28.030 AND 25.30.020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1991, hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25. 28. 030 and 25.30.020 (conditional uses in the commercial zones ) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-3 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 the 17th day of September, 1991, by the following vote, to wit: AYES: DOWNS, RICHARDS, WHITLOCK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATT RAM N A. DI Z, SiecVary SRS/db/tm PLANNING COMMISSION 7--OLUTION NO. 1537 EXHIBIT "A" Section 1 That section 25.28.030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 2 That section 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 3 That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 4 That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SRS/db/tm 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1991 CASE NO. : ZOA 91-3 REQUEST: Amendment to permitted conditional uses in the commercial zone (C-1 , PC-2, PC-3 and PC-4) APPLICANT: City of Palm Desert I. BACKGROUND: August 20, 1991 commission acted on the case to add "swap meet" "street fair" as a conditional permitted use in the public/institutional zone. At that time commission directed staff to advertise and process a similar amendment which would be applicable to the commercial zones in the city. 11 . DISCUSSION: The draft resolution attached hereto will insert "swap meet - street fair" as a permitted conditional use in the commercial zones C-1 , PC-2, PC-3 and PC-4 (sections 25.28.030 L, 25.30.020 A, 25.30.020 B and 25.30.020 C) . III . ANALYSIS: A. 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 will better serve the public health, safety and general welfare. B. ENVIRONMENTAL REVIEW: The director of community development has determined that the proposed code amendment is a class 21 categorical exemption and no further review is necessary. STAFF REPORT CASE NO. ZOA 91-3 SEPTEMBER 17, 1991 IV. RECOMMENDATION: Staff recommends: A. Adoption of the findings delineated in the staff report. B. Adoption of Planning Commission Resolution No. recommending approval of ZOA 91-2 to the city council . Prepared by: Reviewed and Approved by SRS/db 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030 AND 25.30.020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert , California, did on the 17th day of September, 1991 , hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25.28.030 and 25.30.020 (conditional uses in the commercial zones) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-3 as provided in the attached exhibit, labeled Exhibit "A". PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 17th day of September, 1991 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/db 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section I That section 25.28.030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." Section 2 That section 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." Section 3 That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." Section 4 That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise." SRS/db 3 PROOF OF PUBLICATION Q 9 polls CC?) Pmof of PudVeaGOD of- /35S Tlu% "cc is for the Counr) Clerk's RLna Sump RECEIVED 27. SEP 17 1991 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT - ^anw►}nwgl!' !'.a l�"`�u.-.w+.w.w,.,,.,cv.n. CITY OF PALM MERT;�J114 4 STATE OF CALIFORNIA.County of Rive LEGAL NOTICE•400r4014 ' " side.I am a citizen of the United States and a rest CASE NO. ZOA 91-3 ' ' dent of the County aforesaid,I am over the age of NOTICE IS HEREBY GIVEN that a public Its in*g Zk eighteen years, and not a parry to or interested in held before the Palm Desert.Planning Commission:ft1 the above entitled matter 1 am the principal cleat consider an amendment;to the Zoning Oldtrusnce to add -street fair - swap miser"`'es a oonditionei use in the of the printer of the Palm Desert Post. a news Commercial zones (C•1, PC-2, PC-3 and PC-4) and a paperofgeneral circulation,printed and published Negative DeGarttrlan d:Etsviro►Ortttol krtpaU as rated w"klyin the City of Palm Desch County of River thereto. SAID public hearThg will betyn ,,, .�. s side. and which newspaper has been adjudged a 1991,at 7.W p.m. In the newspaper of general circulation by the Superior Desert.Caiiftxnla;at whid� Desert CHIC Center, it"S Court of the County of Riverside.State of Califae- � .. persons are Invited to 'tgttdinii' cis, under the date of io/S, 1964. Case Number comments concerning an Items mverod`b tlsRPlblfd 83358;that the notice, of which the annexed is a hearing notice shall be^ilooepi9d"sfip"so the date of the hearing. Information coriceming the pmpo"d = prim copy(set in type not smaller than nonpa and/or negative declaration is available for review rot),has been published in each regular and entire department of community developmen1/pt>i inky at 90 issue of said newspaper and not in an supplement above address between the tsoufs of 8. tR�4130 �j p.rrt.mmday through Friday.if yotint le 1M tltcrof on the following date.to•sviL DIg actions In court,you may be Ifmitard to rrllaabb11 t all in the year 1991.1 certify(or declare) issues you or someone el"ralnd at,gta ander penalty of u that the foregoing is true described in this notice.7 AM wdtten Wffeapor+danei! Pe ty Pa1 ry g t delivered to the planning I�+NM cat►ca).w40d and correct W c_ prior to, the publiq s {' 4 �a''� Dated at Palm Desert California.this ;� r6W.SaCretary �_. (Signed) CITY OF PALM DESERT DEf.....PMENT OF COMMUNITY DEVELC ENT STAFF REPORT TO: Planning Commission DATE: August 20, 1991 CASE NO: ZOA 91-2 REQUEST: Amendment to permitted conditional uses in the P, Public/Institutional District Zone. APPLICANT: City of Palm Desert I. BACKGROUND: As commission is probably aware there has been considerable discussion regarding the ongoing "swap meet"-"street fair" which operates at the College of the Desert. The city' s original position was that the city could not regulate activities on State owned property. This position has changed recently and the city attorney feels that the city can regulate functions on the college site if they are uses other than the primary operation of the junior college. In order that the ongoing swap meet-street fair can be reviewed and regulated we must first insert the use as a permitted conditional use in the P zone which the entire college is zoned. This will then permit the college or the alumni association to apply for the necessary conditional use permit and will allow the community to make their feelings known at a future public hearing. II. DISCUSSION: The draft resolution attached hereto will insert swap meet-street fair as a permitted conditional use in the P public/institutional zone ( section 25. 68.030 Q) . III. ANALYSIS: A. 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 will better serve the public health, safety and general welfare. STAFF REPORT ZOA 91-2 AUGUST 20, 1991 B. ENVIRONMENTAL REVIEW: The director of community has determined that the proposed code amendment is a class 21 categorical exemption and no further review is necessary. IV. RECOMMENDATION: Staff recommends: A. Adoption of. the findings delineated in the staff report. B. Adoption of Planning Commission Resolution No. , recommending approval of ZOA 91-2 to the city council . Prepared by Reviewed and Approved by SRS/tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTION 38.030 PUBLIC/INSTITUTIONAL OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of August, 1991, hold a duly noticed public hearing to consider an amendment to the zoning ordinance to insert subsection "Q" into section 25.38.030 (conditional uses in the public/institutional zone) ; 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 21 categorical exemption for purposes of CEQA; 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 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 will 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 91-2 as provided in the attached exhibit, labeled Exhibit "A. " PLANNING COMMISSION OLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of August, 1991, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/tm 2 PLANNING COMMISSION OLUTION NO. EXHIBIT "A" Section 1 That section 25.38.030 of the municipal code be and the same is hereby amended by adding to said section the following subparagraph. "Q. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " 3 MINUTES PALM SERT PLANNING COMMISSION ..LETING TUESDAY - MAY 21, 1991 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Whitlock 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: Carol Whitlock, Chairperson Bob Downs Rick Erwood Sabby Jonathan Jim Richards Members Absent: None Staff Present: Ray Diaz Dave Yrigoyen Phil Joy Dick Folkers Carlos Ortega Tonya Monroe Kandy Allen IV. APPROVAL OF MINUTES: Consideration of the May 7, 1991 meeting minutes. Action• Moved by Commissioner Jonathan, seconded by Commissioner Richards, approving the May 7, 1991 meeting minutes as submitted. Carried 3-0-2 ( Commissioners Downs and Erwood abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent council action from the May 9 meeting. He indicated that street fairs had become an issue and would be coming to the planning commission to determine if they should be processed by conditional use permit. It was the unanimous consensus of the commission that the matter be referred to the economic development committee. SPECIAL MEETING MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WEDNESDAY - JULY 10, 1991 - 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * I. ROLL CALL Present: Absent_ Dave Tschopp. Chairman George Berkey Diane Cox Don Hedlund Frank Goodman John Ceriale Hank Stokes Others Present: Walt Snyder, Mayor Bruce Altman , City Manager Paul Shillcock, ACM/Economic Development Director Dave Erwin, City Attorney Bill Adams, Attorney Representative Jim Richards, Planning Commission Liaison Carol Whitlock, Planning Commission Chairperson Dan Ehrler, Chamber of Commerce Donna Gomez, Secretary II. DISCUSSION ITEMS: , Colleae of the Desert Street Fair. Mr. Tschopp indicated that this item was referred by the Planning Commission for review and recommendation by the Economic Development Advisory Committee. Mr. Altman explained that there has been some controversy surrounding the COD street fair and that there are lawsuits currently pending. COD submitted a request to the City for a conditional use permit (CUP) and a zoning ordinance amendment (ZOA) to allow the use of their property for an open air street fair. Mr. Shillcock explained that Mr. Erwin was present in order to relate to the committee what points are appropriate for this committee to discuss. Any recommendations will be forwarded to the Plannina Commission in their entirety. MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mr. Erwin explained that it was important that the committee treat this item as a normal agenda item under the purview of this committee. It should be addressed from an economic standpoint. COD is currently zoned "P" (public) which permits public uses subject to a conditional use permit. The litigation that has been filed is designated as a request for a writ of mandate which would be an order from the court directing someone to do something. The question is whether an open air retail market of this type is allowed even with a CUP. The lawsuit was filed by a recently formed group called Concerned Citizens of the Coachella Valley, Inc. Mr. Erwin indicated they had requested the names of the people involved with the group but have not received any further information at this time. Mr. Adams noted that it includes approximately 30 members ranging from Palm Springs to Palm Desert. Mr. Richards asked about the fact that this is State property which he has been told the City has no right to regulate activities or building. Mr. Erwin noted that this was not the case. He explained that if the City wishes to impose its zoning ordinance on community college land, they must give notice to the college board. The board then either votes to accept this or determines that they be exempt. That determination is to be made only for the educational facilities. The challenge is whether this determination was correct. Mr. Altman indicated a letters was written by the college board requesting that we do this. Mr. Erwin explained that there is currently a case in the 4th District court which handed down a final decision that basically stated that an open air retail market was net a public use. Mr. Ehrler explained that there had been an agreement discussed between Palm Desert merchants and COD in which the City acted as facilitator. It was his understanding that certain merchandise would no longer be sold at the street fair. Mr. Richards asked if there is a past case law does it automatically make any other same activity illegal . MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mr. Erwin noted that there are other elements that come into piav in this case that may allow it to be a separate issue (ie: COD pre-existed the City) . Mr. Stokes noted that the group is asking that the City be required to enforce their rules that would prevent outdoor selling on that site. He asked it the City were to approve the rezoning of the site would that pull the rug out from under the groups case. Mr. Erwin stated that it would. He noted that another position they may take is that City Council has the authority to use its discretion to not require enforcement. Mr. Goodman felt the zoning amendment and the law suit are only parts of the legal proceedings and that the real question was whether they actually want the street fair in Palm Desert. Mr. Altman noted that was part of the issue at hand and explained that the City has received a lot of criticism for not taking a stand on this issue. He noted that the process this item will go through will give the public an opportunity to tell us what they want. Mayor Snyder noted that he has received several arguments for the street fair and several arguments against it. He L of t d a t it was about a 50150 split. Mr. Goodman felt this should not be a decision for the people. He felt the City has a responsibility to maintain the property values and to provide a safe and healthy shopping atmosphere. Ms. Cox noted that this is an issue that affects all of Palm Desert, not just the street fair. She indicated she had spoken to several people about the events taking place in Palm Springs. She felt it was very important to watch what happens there. Ms. Cox was opposed to the vendors only paying a S20. 00 fee as compared to the rents charged on El Paseo. Mr. Tschopp felt the committee should concentrate on specific areas such as if the street fair is in the best economic interest of the City and what type of benefits it provides to the citizens of the community. The funds COD are raising are being used for college programs and scholarships. 3 MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mayor Snyder mentioned that COD has conducted a survey which showed that people come from as far away as Fontana just to visit the street fair. Mr. Stokes felt that the community would be in favor of keeping the street fair on an 8-2 basis. He hoped to have a solution that would work for both COD and the business community. He suggested doubling the daily fee for selling at COD and using the additional money charged for promotion of retail business in Palm Desert. Mr. Ceriale felt swap meets and discount centers were offensive but indicated that 's what people are looking for. Thev are asking the concierge at the Marriott where to find these places. He noted that the demand is there and if Palm Desert doesn ' t provide it, someone else will . He felt the street fair went against the grain of what Palm Desert is trying to attract, high end shopping. He noted he was aware of several wealthy people that shop at the street fair including the residents of Morningside Country Club where he lives. Ms. Cox noted that most of the vendors are not Palm Desert residents and are not spending much money here either. She felt another big problem was the Cabazon and Barstow factory outlet centers. Mr. Goodman suggested the vendors be made to pay an equal share or their fair share. Mr. Stokes suggested that they pay a significant fee and that a board be created to govern the street fair. The board could include people from the City, COD and the business community. Mr. Ceriale noted that if he was creating a street fair he would not want anyone from the town center or E1 Pasec to be on the board. There was some concern expressed over the possibility of opening up any "P" zoned property for this type of use with the approval of a conditional use permit. This would demand additional reg_ ula tion by the board that was created. 4 MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mr. Tschopp felt it was important to assess what benefits and impacts are being brought to the community/city that are not being reimbursed. He asked if they would allow the street fair to operate and the City keep providing services and not charge for them. Mr. Goodman noted that people like to come to Palm Desert where they feel comfortable and not afraid. Mr. Tschopp noted that people are coming here from out of the area and staying over night and using the facilities. He felt that retail companies wanting to locate in Palm Desert might be dissuaded when they see the street fair. It could have a negative impact on these organizations looking for locations. Mr. Ceriale noted that his wife would still shop the street fair if it moved but she will also continue to shop at the Town Center and on El Paseo. Mr. Altman indicated that the only fees the vendors currently pay the City are sales taxes and business license fees. Mayor Snyder indicated that business license fees are based on gross receipts and the City gets 1* of the gross sales -if accurate records are kept. He noted that there are no restrooms at the street fair and that the bus can ' t even stop at the designated bus stop because of the traffic/parking. Mr. Richards noted it was a challenge to the retailers to figure out how to get some of that business. Mayor Snyder noted that the street fair started as a vegetable fair and has grown over the last several years to what it is today. Mr. Stokes suggested they also reinstitute the same restriction on the type of items being sold. Mr. Adams indicated that any condition can be placed on the project with the CUP process. He noted that, although vendors may have year-long contracts with COD. they would have to comply after their contract expires. 5 MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mayor Snyder felt they were heading in the right direction with the restriction of items sold and additional fees . He also suggested that additional conditions relating to restrooms, electrical hook ups and parking solutions be recommended. Mr. Richards felt that if COD knew they had an ongoing thing they might be willing to make some capital improvements to better accommodate the street fair. Ms. Cox asked if other cities with this type of open air market had been contacted on how they monitor sales. Mr. Altman explained that there is very little they can do because most are cash sales. Mr. Goodman suggested customers be required to show a sales receipt at the exit. Mr. Richards asked whether it would be worth hiring someone for $20, 000 a year to enforce this. Mr. Altman noted that it is the State 's responsibility to enforce this and the City could not do i t. Mr. Ceriale felt that the State should have some way of regulating these street fairs, especially with the budget problems their having. Mr. Stokes suggested they list the conditions that they would recommend be placed on any approval of a CUP. Mr. Altman suggested changing it to allow Sunday only which would provide sales when most other retail businesses are closed. Mayor Snyder suggested a list of conditions be imposed including proper signage, COD collecting additional fees, public safety, restrooms, etc. It was suggested that the City charge additional business license fees for open air sales. Mr. Stokes felt a street fair was suitable if it 's put under very rigorous conditions. Mr. Richards noted that the college provides a necessary asset to the community. He feels they have their back to a wall and this is their way of trying to raise some money. 6 MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 Mr. Goodman noted that there is nothing that states COD can ' t hold the street fair somewhere else. Mr. Richards suggested some type of recommendation that additional conditions be placed on the street fair that would include putting some money back into the affected parties and clean it up. Mr. Goodman indicated he would vote for a motion to that effect. Mr. Tschopp suggested that COD be reminded that all vendors must be in compliance with all sales tax laws, etc. Mr. Shillcock noted that this item will be before Planning Commission in September. Mr. Ehrler requested a copy of today 's discussion and any final recommendations. He noted that the Chamber basically has taken the same stand as the City by not taking a position. He noted they have received a formal request from Chamber members to take a stand. He would be taking the information from this meeting to the Chamber Board for discussion . Mr. Stokes felt it was important for the City Council to not take the easy way out which would gain the bitterness of the business community. Ms. Whitlock agreed that the direction the EDAC was heading was the way to handle the situation. Mr. Richards felt it was important to place conditions on the project that would make it only allowed in this one location. Mr. Adams noted that the Santa Ana case required an EIR for their swap meet. Mr. Stokes felt it might be useful for staff and two City Council members to meet with the principals involved before the Planning Commission meeting. Mr. Richards didn ' t feel the timing was right for this since it has been going on for a long time. He suggested they proceed with staff preparing the recommendation . 7 MINUTES ECONOMIC DEVELOPMENT ADVISORY COMMITTEE JULY 10, 1991 It was MOVED by Mr. Stokes , seconded by Mr. Goodman to recommend that additional restrictions and conditions be placed on the COD street fair. Suggestions listed should not be limited to these but could include the following: o Open weekends only o Additional significant fees be charged to be used for promotion of all Palm Desert retail business o Support Facilities - restrooms, electrical hook-ups , parking, etc. o Establish a board to oversee the street fair. To be made up of COD representatives, business community and City representatives o Reimbursement of any charges incurred by the City for services provided o Reinstitute limitations as previously agreed on the items for sale III. MISCELLANEOUS COMMENTS None I V. ORAL COMMUNICATIONS Non e V. ADJOURNMENT It was moved by Mr. Goodman, seconded by Mr. Stokes to adjourn the meeting at 4:25 p.m. /dlg 8