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Home My WebLink About10 Ord 1366 - 2nd Rdg ZOA 20-0002 (Code)MEETiNGDAT� �j� ~j'3 "�v`�, ❑ C�NTINUEDTO __ LK PP�.SS£5 i C� �NQ R�ADING C'�� `�`C-�7 ORDINQNCE NO. 1366 AN �RDINANCE OF THE CITY COUNClL OF THE CITY OF PALM �ESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPT�ON UNDER THE CALiFORNlA ENVIRONMENTAL QUALITY ACT; AND A ZONENG ORDINANCE AMENDMENT TO CREATE PALM DESERT MUNICIPAL CQDE SECTION 25.28.045 SAN PABLO OVFRLAY DISTRICT TO ESTABLISH AN OVERLAY DISTRICT TO REGU�,ATE COMMERGIAL USES ON SAN PABLQ AVENUE BETWEEN HIGHWAY 111 AND MAGNES�A FALLS CASE NO: ZOA 20-0002 WHEREAS, the Planning Comrnission of the City af Pafm Des�rt, California, did on the 6'� day of Ap�il 2021, hold a d�1y noticed public hearing to consider the req�est by the City of Palm Desert �or approval af the abave-noted, and adopted Resolution Nos. 2788 and 2789, recommending that the City Council adopt the ZOA, and apply the averlay district to properties identified in the Resolution; and WHEREAS, the 5an Pablo Overfay District restricts formula-based business�s in order to pr�serve the unique c�aracter af the San Pabla Corrid4r as an important anchar of the City C�nt�r, and prflvides criteria to review exceptions to allow formula-based business�s upon approval of a Conditional Use Permit (CUP) to ensure compati�aility with existing businesses; and WH�REAS, the City Council of the City of Palm D�sert, did on the 13th day of May 2021, hold a duly noticed public hearing ta consider the request by the City of Palm D�sert far approval of a ZOA, and has d�termined that the ov�rlay district is consistent with the City's General Plan; and WHEREAS, at the said pubfic fi�earing, upon �earing and cansicEering all tEstimony and arguments, if any, of all interested persons d�siring to be h�ard, said City Council did find the following facts anck reaso�s to exist to apprave the said request: SECTiON 1. Adoption of Reci#als. The Ci#y Council hereby adopts the foregaing recitals as its findi�gs i� suppor� of the following regulations and further finds that the following regulations are bene#icial and appropriate to �rot�ct the health, saf�ty, a�d welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm �esert, California {"City") is a municipal corporation, duly organized under the cor�stitution and laws af the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the reguEations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts the Zoning Ordinance Amendment to cr�at� Palm Desert Mun�cipal Code Section 25.28.045 ORDINANCE NO. 1366 San Pablo Overlay District as shown in Exhibit A , which is attached hereto and in c orporated herewith. SECTION 3. Severability. If any section , subsection , subdivision , paragraph , sentence , clause , or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction , such decision shall not affect the validity or effectiveness of the remaining portions of this o rdinance or any part thereof . The City Council hereby declares that it would have passed each section , subsection , subdivision , paragraph , sentence , clause , or phrase thereof irrespective of the fact that one (1) or more subsections , subdivisions , paragraphs , sentences , clauses , or phrases be declared unconstitutional , invalid , or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert , California , is hereby directed to publish this ordinance in The Desert Sun , a newspaper of general circulation , published and circulated in the City of Palm Desert , California , and shall be in full force and in effect thirty (30) days after its adoption . PASSED, APPROVED , AND ADOPTED by the City Council of the City of Palm Desert , California , at its regular meeting held on the 27 th day of May 2021 , by the following vote , to wit: AYES: NOES : ABSENT: ABSTAIN : KATHLEEN KELLY , MAYOR ATTEST: M. GLORIA SANCHEZ , ACTING CITY CLERK CITY OF PALM DESERT , CALIFORNIA CTTY COUNCILA.CTION A P P R O VED ✓ DENTED _____ _ R ECE IVE D----,___,, ____ OTHER _____ _ r}dQpied Ocd . t.3lp{p MEETING DA TE __ ffi......_-..... fP.__._-....,@.___.;H....._ _____ _ AY ES : ________________ _ NOES: ________________ _ ABSENT: _______________ _ ABSTAl 1 r: _______________ _ VER IFIE D BY: _____________ _ Original on File w it h City Cl e rk's Office 2 ORDINANCE NO. 1366 3 EXHIBIT “A” 25.28.045 San Pablo Overlay District A. Intent and Purpose. The City’s General Plan envisions a “City Center” that provides a comfortable, walkable, mixed-use district along the Highway 111 corridor and surrounding areas. Because of its connection to El Paseo, Highway 111, existing neighborhoods, and educational, recreational, and civic facilities, San Pablo Avenue is identified as an important corridor to anchor the downtown district. To ensure that the unique characteristics of the corridor are preserved and enhanced this overlay district is intended to promote a distinctive retail and community experience. B. Applicability. This overlay district applies to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls as shown in Figure 25.28-1. Figure 25.28-1 San Pablo Overlay Exhibit Area ORDINANCE NO. 1366 4 C. Permitted and Conditionally Permitted Uses. Uses permitted and conditionally permitted as identified in Table 25.18-1 Use Matrix for Downtown Districts are allowed on properties with frontage along San Pablo subject to the provisions of this overlay district. D. Prohibited Use. The following types of uses and businesses are prohibited within the overlay district: 1. Formula businesses fronting San Pablo Avenue. 2. Formula business restaurants. E. Exceptions. A conditional use permit shall be required for all formula businesses not otherwise permitted by this chapter. No more than 40% of the lineal ground-floor commercial frontage along the San Pablo Avenue corridor shall be occupied by formula businesses (Refer to Section 25.99.020 of this Title). A conditional use permit may be approved by the Planning Commission if the following findings can be made: 1. The formula business provides a distinctively unique experience from its standard practices and other locations. 2. The formula business, together with its design and improvements, provides a distinctive appearance different from other locations. 3. The formula business is not in a stand-alone building and shares a building with at least one other non-formula business. 4. The formula business is compatible with the existing uses along the corridor. Section 25.99.020 Land Use Definitions Formula Business – a type of retail, service, or restaurant establishment that has twenty (20) or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, décor, color scheme, uniformed apparel, standardized signage, a trademark or service mark. San Pablo Overlay Frontage – the lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure 25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue.