HomeMy WebLinkAboutOrd 1350A - ZOA 19-0002 - EPODORDINANCE NO. 1350A
MMVNQDATE_.�L ILalq
P TO 2ND t£ADlSO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF P►IM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040
EL PASS❑ OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040
DOWNTOWN DISTRICT (DID), ALLOWING PROFESSIONAL OFFICE
USES ON THE GROUND FLOOR FRONTING EL PASEO, SUBJECT TO A
CONDITIONAL USE PERMIT; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NO: ZOA 19-0002
WHEREAS, the City Council of the City of Palm Desert, California, did on the 141h
day of October 2019, hold a duly noticed public hearing to consider the request by the City
of Palm Desert and approved the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h
day of June 2019, hold a duly noticed public hearing to consider the request by the City of
Palm Desert and continued the case; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th
day of March 2019, hold a duly noticed public hearing to consider the request by the City of
Palm Desert and continued the case; and
WHEREAS, establishing an Ordinance to allow office professional uses on the
ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue)
corridor. The Zoning Ordinance Amendment (ZOA) requires the approval of a Conditional
Use Permit (CUP); and
WHEREAS, the City's overall goal is for El Paseo to remain a high -end luxury,
pedestrian -friendly street while allowing a limited amount of storefront office uses that
complement the pedestrian corridor.
WHEREAS, the City Council of the City of Palm Desert, in reviewing all the facts and
any testimony given adopts the following as its Findings of approval of the Zoning
Ordinance Amendment:
SECTION 1. Findings. The City Council of the City of Palm Desert hereby finds that:
A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly
organized under the constitution and laws of the State of California.
B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to
address land use designations and property regulations for development.
C. The Planning and Zoning Laws require cities to make General Plan and Zoning
standards consistent in order to remove ambiguity and conflicting policies and
that the proposed amendments to the Zoning Ordinance bring the documents
into conformity with the adopted General Plan.
ORDINANCE NO. 1350A
SECTION 2. Zoning Ordinance Amendment. The City Council of the City of Palm
Desert approves and adopts the amendments shown in Exhibit "A" and Exhibit "B" which
are attached hereto and incorporated herewith. That 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 which
ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution 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 Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental duality Act Finding. The City Council of
the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and
considered and it has determined that any environmental impacts associated with the
changes have been sufficiently reviewed by the Environmental Impact Report prepared as
part of the General Plan Update, and the expansion of allowing office uses will not have a
direct physical impact to the environment and that all future development within the
Downtown District will be reviewed in accordance with CEQA.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 241" day of October 2019, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
C:1Userslgsanchez'AppoalaTocalW crosoMWindowVNetGnhe\Content.0utlook\U5ILLAT=ct 10 CC ZOA Ord Office Uses. doc
❑RDINANCE NO. 1350A
SECTION 2. Zoning Ordinance Amendment. The City Council of the City of Palm
Desert approves and adopts the amendments shown in Exhibit "A" and Exhibit "B" which
are attached hereto and incorporated herewith. That 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 ❑esert, California, and which
ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this resolution 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 Planning Commission hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof
irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 4. California Environmental Quality Act Finding. The City Council of
the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and
considered and it has determined that any environmental impacts associated with the
changes have been sufficiently reviewed by the Environmental Impact Report prepared as
part of the General Plan Update, and the expansion of allowing office uses will not have a
direct physical impact to the environment and that all future development within the
❑owntown ❑istrict will be reviewed in accordance with CEQA.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
❑esert, California, at its regular meeting held on the loth day of October 2019, by the
following vote, t❑ wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CAVserslgsanchezVWDataTocaM crosofl1WindowsllNei CacWConten[.OutlaokW5I�LATC\Oct 10 CC ZOA Ord Office Uses.poo
ORDINANCE NO. 1350A
Exhibit "A"
25.28.040 El Paseo Overlay District
A. Intent and purpose. This section includes properties between Highway 74 and
Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is dependent upon
the creation and maintenance of a continuous succession of diverse but compatible
businesses, which attract and sustain pedestrian interest. To encourage this
continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of
uses, which may occupy El Paseo ground floor commercial frontage.
B. Permitted uses. The following retail/personal service uses shall be liberally
construed to be permitted uses within the El Paseo pedestrian commercial overlay:
1. Art galleries.
2. Book and card shops.
3. Clothing and apparel shops.
4. Furniture stores and home furnishings.
5. Gift and accessories boutiques (including small antiques).
6. Jewelry shops.
7. Liquor, beverage, and food item shops.
8. Luggage shops.
9. Personal care/products shops and services (including barbering and
cosmetology).
10. Restaurants.
11. Sundries shops (general merchandise).
C. Conditional uses. The Planning Commission may, by a Conditional Use Permit,
approve office professional uses located on the ground floor fronting El Paseo
between Highway 74 and Portola Avenue if they are determined to be compatible
with the intent and purpose of this chapter. The City's overall goal is for El Paseo to
remain a high -end luxury, pedestrian -friendly street while allowing a limited amount
of storefront office uses that complement the pedestrian corridor. As part of the CUP
review process, staff and the Planning Commission will review each office use
proposal and make findings based on the following: (Ord. 1324 § 7, 2017; Ord. 1277
§ 5, 2014; Ord. 1259 § 1, 2013).
1. Type of office uses. The Planning Commission will be reviewing the type of
office uses on how they energize/engage interest along the street, and
enhance its primary use as a retail/entertainment center.
2. Locations. The Planning Commission will review/analyze the locations based
on the following,
■ Corner properties — The overall goal for corner properties is to
preserve them for restaurants with patio spaces and retail uses with
large storefronts.
• Density — The Planning Commission shall review each application to
preserve El Paseo as a retail district.
C:\Userslgsanchez AppDatalLacaIW crosoMindowsllNetCachelContenl.Outlook1U51LLATMOct 10 CC ZOA Ord Office Uses.doc
ORDINANCE NO. 1350A
• AbuVneighbor one another — The overall goal is not to have large
consecutive building storefronts of office spaces.
Exhibit "B"
25.18.040 Downtown District
Under Land Use and Permit Requirements within the matrix table for Office Professional
under the Downtown (D) and Downtown Core Overlay (D-O) change Footnote 1 that states,
"Uses prohibited along El Paseo facing ground floor frontage" to, "Office professional
uses may be allowed subject to Section 25.28.040 El Paseo Overlay District."
CAUserslgsanchaAAppDaWLocaNMicrasolk WindowsllNelCache\Content.0uticaWSILLATCQc-t 10 CC ZOA Ord Office User-doc