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ORDINANCE NO. 1366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING
ORDINANCE AMENDMENT TO CREATE PALM DESERT MUNICIPAL
CODE SECTION 25.28.045 SAN PABLO OVERLAY DISTRICT TO
ESTABLISH AN OVERLAY DISTRICT TO REGULATE COMMERCIAL
USES ON SAN PABLO AVENUE BETWEEN HIGHWAY 111 AND
MAGNESIA FALLS
CASE NO: ZOA 20-0002
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
6th day of April 2021, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of the above -noted, and adopted Resolution Nos. 2788 and 2789,
recommending that the City Council adopt the ZOA, and apply the overlay district to properties
identified in the Resolution; and
WHEREAS, the San Pablo Overlay District restricts formula -based businesses in
order to preserve the unique character of the San Pablo Corridor as an important anchor of
the City Center, and provides criteria to review exceptions to allow formula -based businesses
upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing
businesses; and
WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of May
2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert
for approval of a ZOA, and has determined that the overlay district is consistent with the City's
General Plan; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council did
find the following facts and reasons to exist to approve the said request:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the following
regulations are beneficial and appropriate to protect the health, safety, and welfare of the
residents and businesses of Palm Desert within the City limits.
A. The City of Palm Desert, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts
the Zoning Ordinance Amendment to create Palm Desert Municipal Code Section 25.28.045
ORDINANCE NO. 1366
San Pablo Overlay District as shown in Exhibit A, which is attached hereto and incorporated
herewith.
SECTION 3. Severabilitv. 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 Mav 2021, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
KATHLE KELLYMAY
M. GLO IAJSANHEZ, A NG CITY CLERK
CITY O P LM DESER ALIFORNIA
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ORDINANCE NO. 1366
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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.
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Figure 25.28-1 San Pablo Overlay Exhibit Area
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ORDINANCE NO. 1366
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, decor, 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.
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