HomeMy WebLinkAbout11 Ord 1367 - 2nd Rdg ZOA 20-0002 (Applies)M��iNG �A� d> y I�3 - a2L�a�l
❑ CONTINUEDTO
f3"PA5S�5 TD 2ND IIEADfNO � "� �" �C�
ORDINANCE NO. 1367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, TO APPLY THE SAN pAB�O OVER�AY DISTRICT TO A�L
COMMERClA� PROPERTIES ON SAN PAB�O BETWEEN HIGHWAY 111
AND MAGNESIA FAL.LS; AND ADOPTING A NOTICE OF EXEMPTf�N IN
ACCORDANCE WITH THE CALIFORNIA �NVIRONM�NTAL QUALITY ACT
(CEQA)
CASE NO: ZOA 20-OOQ2
WHEREAS, the Planning Commission of the City af Palm Desert, California, did on the
6"' day of April 2021, hold a duly noticed �ublic hearing to cor�sider the rec�uest by ti�e City of
Palm Desert for approval of the above-noted, and adopted Resalutian Nos. 2788 and 2789,
recommending that the City Council adopt #�e ZOA, and apply #he overlay district to proper�ies
identified in the Resolution; and
WHEREAS, the San Pablo Qverlay District restricts formula-based businesses in
order to preserve the unique character af the San Pablo Corriclor as an important anchor of
the City Center, anc! provides criteria ta review exceptions to allow formula-based busiResses
upon approval of a Conditional Use Permit (CUP} to ensure compatibility with existing
businesses; and
WHEREAS, the City Council of the City o# Pairn Desert, did on the 13�h day of May
2021, hold a du�y noticed public hearing to cansider t#�e request by the City of Palm Desert
for apprava� of a ZOA, and has d�termined that the overlay district is consistent with the City's
Genera! Plan; and
WHEREAS, at the said public hearing, upon hearing and considerin� aIl testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council did
find the follawing facts and r�asons to exist to approve the said request:
SECTI�N 1. Adoptior� of Recitals. The City Council hereby adapts the foregoing
recitals as its findings in su�port of the fallowing regulations anc� further finds that the following
regulations are beneficial and appropriate to protect t�e he�lth, safety, and welfare of the
residents and i�usinesses of Palm Desert within the City limiis.
A. The City of Palm Desert. California ("City") is a municipal carporation, duEy
organized under tt�e constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for tand use and c�evelopment.
SECTION 2. Amendment. The City Counci! of the City of Palm Desert hereby adopts
the Zoning Ordinance Amendment to create Palm Desert Municipal Code Section 25.28.045
San Pablo Overlay Distrrct as shown in Exhibit A, which is attached hereta ar�d incorporated
herewith.
ORDINANCE NO. 1367
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 ordinance 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 27th day of May 2021 , by the following
vote , to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
GLORIA SANCHEZ, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
KATHLEEN KELLY , MAYOR
CITY COUNCJL,ACT ION
APPROVED--l'L;,_ ___ DENIED-----
RECEIVED--~~:=::--0THER------
Mt¢:d Ord . t3le1
~~:;JJ;Y:,~~/&a; :
NOE~:~ ABSENT: .J.Nffn~t:ef'..,.._ _________ _
ABSTAIN: 1 Mn ~0i :
VERIFIED BY: _ _j_J)'BS/2[H.~J.[.::;5L---------
Original on File with City Clerk's Office
2
ORDINANCE NO. 1367
3
EXHIBIT “A”
1367