HomeMy WebLinkAboutORD 1367ORDINANCE NO. 1367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, TO APPLY THE SAN PABLO OVERLAY DISTRICT TO ALL
COMMERCIAL PROPERTIES ON SAN PABLO BETWEEN HIGHWAY 111
AND MAGNESIA FALLS; AND ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
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
San Pablo Overlay District as shown in Exhibit A, which is attached hereto and 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 Mav 2021, by the following
vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
IA SANCHE , CTING CITY CLERK
CITY O PALM DESE8/1, CALIFORNIA
kLEE
KATH ELLY All AY
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ORDINANCE NO. 1367
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CITY COUNCIL
ORDINANCE NO.1367
DATE: 5/13/2021
ORDINANCE NO. 1367
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