HomeMy WebLinkAboutZOA 15-350 - New-Used Outdoor Automotive SalesCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE AN ORDINANCE AMENDMENT TO
PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030,
25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR
AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER
MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY
SUBMITTED BY: Kevin Swartz, Associate Planner
APPLICANT: City of Palm Desert
CASE NO: ZOA 15-350
DATE: January 14, 2016
CONTENTS: 1. Draft Ordinance No. 1302
2. Draft NOD of a Negative Declaration Resolution No. 2016-11
3. Desert Sun Legal Notice
Recommendation
Waive further reading and adopt and;
1. Pass Ordinance No. 1302 to second reading, approving Zoning
Ordinance Amendment 15-350 to amend Palm Desert Municipal Code
(P.D.M.C.) Sections 25.16.030, 25.28.070, and 25.99.020.
2. Adopt Resolution No. 2016- 2016-11 approving a Notice of Determination
of a Negative Declaration for Zoning Ordinance amendment 15-350.
Executive Summary
Staff is recommending that the City Council consider expanding the City's business portfolio
and allow new and used outdoor automotive sales within the Service Industrial (S.I.) and
Freeway Commercial Overlay Zoning Districts (FCOZ), subject to a Conditional Use Permit
(CUP). Approval of staffs recommendation also includes modifications to existing
definitions for "Automotive rental agency', "Automotive service station", "Vehicle service",
"Storage facility", and creates new definitions for "Automotive sales", and "Automotive sales
of accessory parts and supplies".
Staff Report
ZOA 15-350: Automobile Uses
Page 2 of 5
January 14, 2016
Planninq Commission
On December 15, 2015, the Planning Commission recommended approval of staffs request
to the City Council with a 5-0 vote. The Planning Commissioners stated that auto sales will
add another source of tax revenue to the City.
Proiect Description / Analvsis
P.D.M.C. Section 25.16.030 lists permitted, conditionally permitted, and prohibited land
uses for each zoning district established in the City. The uses of outdoor automotive sales
are not listed; therefore they are not permitted uses. Over the years, staff has received
interest in car dealerships, and staff is requesting that the City Council consider adding
these businesses within the City. These uses would increase City's sales tax, create
additional jobs, and provide a different type of product to consumers.
Staff is requesting to amend Automobile and Vehicle Uses. Below is the current zoning
code. Use regulations within the table are shown with representative symbols by the
classifying use.
• "P" — Permitted by right
• "A" — Administrative Use Permit
• "C" — Conditional Use Permit
• "N" — Not permitted
Automobile and Vehicle Uses
OP
C-1
PC-1
PC-2
PC-3
PC-4
SI
PI
Automotive rental agency
N
P
N
N
N
P
P
N
Automotive service station
N
C
N
C
C
N
C
N
Vehicle service and storage facility
N
N
N
N
N
N
P
P 25.16.040.1
Staff is requesting the following additions to Table 25.16-1. Below each new proposal is the
proposed definition, which would amend Section 25.99.020 Land Use Definitions.
1. "Automotive rental agency'. The zoning code allows car rental companies within the
C-1, PC-4, and S.I. zones as a permitted use. The current definition is under
"Automotive sales and rentals". The definition states, "A retail establishment for the
display, sales, or rental of new or used automobiles, trucks, vans, motorcycles,
mobile homes, recreation vehicles, and boats." The intent of the land use
classification "Automotive rental agency' is strictly for car rental companies and
indoor sales. Staff is proposing to allow them in the current zones, but add a new
definition, which would only identify automotive rentals.
The proposed definition is, "A retail establishment for the display, or rental of new or
used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and
boats. "
Staff Report
ZOA 15-350: Automobile Uses
Page 3 of 5
January 14, 2016
2. "Automotive outdoor sales new and used". Staff chose the S.I. zoning district
because the properties under this designation are not located within the commercial
core along Highway 111 and El Paseo, and are not surrounded by residential
properties. Most of the properties are adjacent to Interstate 10 and within Cook
Street Industrial Business Park area. Allowing outdoor automotive sales subject to a
CUP in these areas will allow staff and Planning Commission to review each
application on a case -by -case basis. Each applicant would be subject to Section
25.72.050 Conditional Use Permits, which must be reviewed and approved by the
Planning Commission.
The proposed definition is, 'Automobile, mobile home, and motor vehicle sales
means service industrial establishments selling and/or renting new and/or used
automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility
trailers, motorized farm equipment, motorcycles, mopeds, (golf carts, snowmobile
and jet skis, which are included under "Retail Services'). The sales of all
automotives can take place outdoors or indoors. These uses include parts for sale
and repair shops only when part of a dealership selling new vehicles on the same
site. These uses do not include service stations, which are separately defined."
3. "Automotive sales of accessory parts and supplies". This use was created to clearly
distinguish the difference between an accessory store that sells auto parts like Auto
Zone from a vehicle service business that performs oil changes and tire rotation
such as Goodyear. These uses would be permitted in the C-1, PC-2, and PC-3
zones.
The proposed definition is, 'Automobile parts sales means stores only selling new
automobile parts, tires, and accessories. These uses do not include any type of
service bays, vehicle repair, battery replacement, service bays, oil changes, and tire
recapping establishments."
4. "Automotive gasoline station". The existing classification is "Automotive service
station". Staff is proposing to change the classification since "Vehicle service" will
include automotive repair businesses, and this classification will only address gas
stations. They will continue to be subject to a CUP within the C-1, PC-2, PC-3, and
S.I. zones.
The proposed definition is, 'A retail business selling gasoline or other motor vehicle
fuels, which may also provide vehicle engine maintenance and minor repair services
incidental to fuel sales. The use may also include mini -markets and other food sales,
accessory towing and trailer rental services. These uses do not include the sale,
storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender
work, or the rental of vehicle storage or parking spaces."
Staff Report
ZOA 15-350: Automobile Uses
Page 4 of 5
January 14, 2016
5. "Vehicle service". Staff is proposing to separate vehicle service from "Storage
facility" since they are two different types of businesses. Vehicle service businesses
will continue to be permitted within the S.I. zone, but staff is proposing to allow them
within the C-1, PC-2, and PC-3 zones subject to a CUP. This will allow staff to
review building designs such as service bay locations.
The proposed definition is, 'A facility to repair and/or store vehicles. It includes the
repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or
boats, including the sale, installation, and servicing of related equipment and parts.
These uses include auto repair shops, body and fender shops, wheel and brake
shops, oil change shops, auto glass sales and installation, stereo and alarm sales
and installation, and tire sales and installation, but exclude vehicle dismantling or
salvage and tire retreading or recapping."
6. "Storage Facility'. Storage facilities will continue to be permitted within the S.I. and
P. I. zones.
The proposed definition is, "These uses include the storage of operative or
inoperative vehicles, storage of parking towaways, impound yards, and storage lots
for buses and recreational vehicles, but do not include vehicle dismantling. "
Below is the proposed Table 25.16-1, which coincides with the above stated descriptions.
(Automobile and Vehicle Uses
(Automotive rental agency
(Automotive gasoline station
(Vehicle service
Automotive sales new and used
(Outdoor / Indoor)
(Automobile retail showrooms
Automotive sales of accessory parts
and supplies
SStorage facility
OP
C-1
PC-1
PC-2
PC-3
PC-4
SI
PI
N
P
N
N
N
P
P
N
N
C
N
C
C
N
C
N
N
N
N
C
C
N
P
P
N
N
N
N
N
N
C
N
N
C
N
N
N
N
N
N
N
P
N
P
P
N
N
N
N
N
N
N
N
N
P
P 25.16.040.1
Section 25.28.070 — Freeway Commercial Overlav District
Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOZ) are
proposed to add automotive outdoor sales new and used under "Conditional uses".
Staff is recommending the FCOZ, because the properties under this designation are located
in the northern portion of the City near Interstate 10, and away from the City's main
commercial core. Under a CUP, the Planning Commission will review each application on a
Staff Report
ZOA 15-350: Automobile Uses
Page 5 of 5
January 14, 2016
case -by -case basis. Below is the proposed amendment. Staff has added "Automotive
outdoor sales new and used" as No. 10.
B. Conditional uses. Uses permitted by an approved CUP are as follows.
1. Restaurants, general, include drive -through restaurants.
2. Automobile service stations without regard to the required separation
distance provisions per Section 25.34.090 (Automotive Service Stations).
3. Convenience stores.
4. Car washes.
5. Combinations of two or more of the above uses.
6. Hotels per Section 25.34.070 (Hotels).
7. Commercial recreation and amusement establishments.
8. Mini storage.
9. Outdoor recreational vehicle and boat storage.
10. Automotive outdoor sales new and used.
Fiscal Impact
It is not yet known what the fiscal impact of auto sales will have on the City. Staff is hopeful
that auto sales will provide an additional revenue stream to the City's General Fund. Staff
will monitor and provide updates to the City Council through the budget process or at the
Councils request.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. In this case, staff completed an
initial study to review the potential impacts of the Zoning Ordinance Amendment and has
determined that there are no significant impacts associated with the proposed code
changes, since all new projects would be reviewed under a CUP application. Therefore,
staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes.
Submitted By:
J4
Kevin Swartz, Associate Planner
Ci M ager:
o n Wohlmuth, City Manager
Department Head:
T46b�
Ryan Stendell, Director of Community Development
ORDINANCE NO. 1302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA APPROVING A NOTICE OF DETERMINIATION OF
A NEGATIVE DECLARATION FOR AMENDMENTS TO PALM DESERT
MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO
ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN
LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES
THROUGHOUT THE CITY
WHEREAS, the City Council of the City of Palm Desert, California, did on the 141h day
of January, 2016, hold a duly noticed public hearing to consider the request by the City of
Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15`h day of December, 2015, hold a duly noticed public hearing and recommended approval of
the request by the City of Palm Desert of the above noted; and
WHEREAS, establishing an Ordinance to allow new and used outdoor automotive
sales within the service industrial and the freeway commercial overlay zoning districts; all
subject to a Conditional Use Permit, and other modifications to auto uses will expand the
City's business portfolio and will increase the City's sales tax, create additional jobs, and
provide a different type of product to consumers; and
WHEREAS, amendments to Section 25.16.030 "Allowed Land Uses," Section
25.28.070 "Freeway Commercial Overlay District," and Section 25.99.020 "Land Use
Definitions" are minor in nature and reflect the way the City views automotive uses throughout
the City; and
WHEREAS, at 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 said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California as follows:
SECTION 1. Adoption of Recitals. The City Council of the City of Palm Desert
hereby adopts the foregoing recitals as its findings in support of the following regulations
and further finds that the following regulations are necessary and appropriate to protect the
health, safety and welfare of the residents and businesses of Palm Desert within the City
limits.
ORDINANCE NO. 1302
SECTION 2. Amendment to the Palm Desert Municipal Code. Section 25.16.030
of the Palm Desert Municipal Code is amended as follows:
Section 25.16.030 — Allowed Land Uses and Permit Reauirements
This section is Table 25.16-1, which is a matrix for commercial and industrial districts and
identifies allowed uses. Use regulations within the table are shown with representative
symbols by the classifying use.
Below is the current table within the zoning code.
Automobile and Vehicle Uses
OP
C-1
PC-
PC-
PC-
PC-
SI
PI
1
2
3
4
Automotive rental agency
N
P
N
N
N
P
P
N
(Automotive service station
N
C
N
C
C
N
C
N
(Vehicle service and storage
N
N
N
N
N
N
P
P 25.16.040.1
facility
Below is the proposed Table 25.16-1, which coincides with the descriptions, described in
the staff report.
Automobile and Vehicle Uses
OP
C-1
PC-
PC-
PC-'
PC-
SI
PI
1
2
3
4
Automotive rental agency
N
P
N
N
N
P
P
N
Automotive gasoline station
N
C
N
C
C
N
C
N
Vehicle service
N
C
N
C
C
N
P
P
Automotive sales new and used
N
N
N
N
N
N
C
N
(Outdoor / Indoor)
Automotive sales of accessory
N
P
N
P
P
N
N
N
parts and supplies
Storage facility
N
N
N
N
N
N
P
P 25.16.040.1
SECTION 3. Amendment to the Palm Desert Municipal Code. Section 25.28.070
is hereby added to the Palm Desert Municipal Code as follows:
Section 25.28.070 — Freewav Commercial Overlav District
Amendments to Section 25.28.070 "Freeway Commercial Overlay District' (FCOZ) are
proposed to add automotive outdoor sales new and used under "Conditional
uses."Currently, the "Conditional Uses" are listed below.
Below is the proposed amendment. Staff has added "Automotive outdoor sales new and
used" as No. 10.
G \Planning\Ketin Swartz\Word2OA 15-350 Auto sale code changesWuto Sales Ord.doc
ORDINANCE NO. 1302
B. Conditional uses. Uses permitted by an approved CUP are as follows.
1. Restaurants, general, include drive -through restaurants.
2. Automobile service stations without regard to the required separation distance
provisions per Section 25.34.090 (Automotive Service Stations).
3. Convenience stores.
4. Car washes.
5. Combinations of two or more of the above uses.
6. Hotels per Section 25.34.070 (Hotels).
7. Commercial recreation and amusement establishments.
8. Mini storage.
9. Outdoor recreational vehicle and boat storage.
10. Automotive outdoor sales new and used.
SECTION 3. Amendment to the Palm Desert Municipal Code. Section 25.99.020
is hereby added to the Palm Desert Municipal Code as follows:
Section 25.99.020 — Land Use Definitions
"Automotive rental agency" A retail establishment for the display, or rental of new or used
automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats.
"Automotive outdoor sales new and used" Automobile, mobile home, and motor vehicle
sales means service industrial establishments selling and/or renting new and/or used
automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers,
motorized farm equipment, motorcycles, mopeds, (golf carts, snowmobile and jet skis,
which are included under "Retail Services"). The sales of all automotives can take place
outdoors or indoors. These uses include parts for sale and repair shops only when part of a
dealership selling new vehicles on the same site. These uses do not include service
stations, which are separately defined.
"Automotive sales of accessory parts and supplies" Automobile parts sales means
stores only selling new automobile parts, tires, and accessories. These uses do not include
any type of service bays, vehicle repair, battery replacement, service bays, oil changes, and
tire recapping establishments.
"Automotive gasoline station" A retail business selling gasoline or other motor vehicle
fuels, which may also provide vehicle engine maintenance and minor repair services
incidental to fuel sales. The use may also include mini -markets and other food sales,
accessory towing and trailer rental services. These uses do not include the sale, storage or
repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the
rental of vehicle storage or parking spaces.
"Vehicle service" A facility to repair and/or store vehicles. It includes the repair of
automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including
the sale, installation, and servicing of related equipment and parts. These uses include auto
G.Tlanning\Kemn Swartz\Word\ZOA 15-350 Auto sale code changes\Auto Sales Ord doc
ORDINANCE NO. 1302
repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass
sales and installation, stereo and alarm sales and installation, and tire sales and installation,
but exclude vehicle dismantling or salvage and tire retreading or recapping.
"Storage facility" These uses include the storage of operative or inoperative vehicles,
storage of parking towaways, impound yards, and storage lots for buses and recreational
vehicles, but do not include vehicle dismantling.
SECTION 4. Compliance with California Environmental Qualitv Act. The City
Council finds that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment). Therefore, this activity is not
subject to CEQA, and no further study is needed. (Refer to 15061(b)(3) of the CEQA
Guidelines.)
SECTION 5. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 6. 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 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 14th day of Januarv, 2016, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
G*TlanningVemn Swartz\Word\ZOA 15-350 Auto sale code changes\Auto Sales Ord.doc
RESOLUTION NO. 2016- 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
FOR ZONING ORDINANCE AMENDMENT 15-350 TO ALLOW NEW
AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN
LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES
THROUGHOUT THE CITY AND APPROVING THE ZONING
ORDINANCE AMENDMENT
WHEREAS, the City desires to amend Municipal Code Sections 25.16.030,
25.16.040, 25.28.070, and 25.99.020 through adoption of a zoning ordinance
amendment known as 15-350 (the "Project"); and
WHEREAS, the proposed Project will make certain changes to Municipal Code
Section 25.16.030 "Allowed Land Uses," 25.16.040 "Specific Use Standards", Section
25.28.070 "Freeway Commercial Overlay District," and Section 25.99.020 "Land Use
Definitions" to allow new and used outdoor automotive sales within the service industrial
and the freeway commercial overlay zoning districts; all subject to a Conditional Use
Permit, and other modifications to auto uses will expand the City's business portfolio
and will increase the City's sales tax, create additional jobs, and provide a different type
of product to consumers; and
WHEREAS, the Project is minor in nature and reflects the way the City currently
reviews automotive uses throughout the City; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of
Regulations, title 14, § 15000 et seq.), and the City's local CEQA Guidelines
(collectively, "CEQA"), the City is the lead agency for the proposed Project; and
WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial study
("Initial Study") was prepared for the Project to analyze whether the Project may cause
a potentially significant effect on the environment; and
WHEREAS, the City, as lead agency, has determined that a Negative
Declaration ("ND") should be prepared in order to analyze the Project's potential
environmental effects; and
WHEREAS, the City circulated the ND and Initial Study for public review in the
manner required by CEQA for a twenty -day review and comment period pursuant to
Public Resources Code section 21091(b); and
WHEREAS, the City Council has carefully reviewed the Project, the ND, the
Initial Study, all comments received on the documents, and all other information
contained in the record regarding the Project; and
RESOLUTION NO. 2016- 11
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Compliance with the California Environmental Qualitv Act. As
the decision -making body, the City Council has reviewed and considered the
information contained in the record as a whole in connection with the Project and the
ND. The City finds that the ND, Initial Study, and administrative record contain a
complete and accurate reporting of the environmental impacts associated with the
Project. The City Council further finds that the ND and Initial Study have been
completed in compliance with CEQA.
SECTION 2. Findinas on Environmental Impacts. Based on the whole record
before it, including the ND, the Initial Study, the administrative record, and all other
written and oral evidence presented to the City Council, the City Council finds that all
environmental impacts of the Project are less than significant. The City Council further
finds that there is no substantial evidence in the administrative record as a whole
supporting a fair argument that the Project may result in any potentially significant
environmental impacts. The City Council finds that the ND contains a complete,
objective, and accurate reporting of the environmental impacts associated with the
Project and reflects the independent judgment and analysis of the City Council.
SECTION 3. Adoption of ND. The City Council hereby adopts the ND prepared
for the Project, a copy of which has been provided to each City Council Member and is
on file at the City's offices.
SECTION 4. Approval of the Proiect. The City Council hereby approves the
Project.
SECTION 5. Notice of Determination. The City Council directs staff to prepare
and file a Notice of Determination with the Riverside County Clerk within five (5) working
days of the approval of the Project.
SECTION 6. Custodian of Records. The custodian for the documents and
materials that constitute the record of proceedings on which these findings are based is
Associate Planner Kevin Swartz, and the documents are available for public review at
the Palm Desert Civic Center.
SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and
the City Clerk shall certify this Resolution was duly and properly adopted by the City
Council.
G:\PlanningXevm Swartz\Word\ZOA 15-350 Auto sale code changes\Palm Desert- Resolution re Neg Dec for Zoning Ordinance Amendment 15-350c2.doc
RESOLUTION NO. 2016- 11
PASSED, APPROVED AND ADOPTED this 14th day of Januarv. 2016, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL
MAYOR
ATTEST:
RACHELLE D. KLASSEN, MMC
CITY CLERK, CITY OF PALM DESERT, CALIFORNIA
WPlanning\KeHn Swartz\Word\ZOA 15-350 Auto sale code changes\Palm Desert- Resolution re Neg Dec for Zoning Ordinance Amendment 15-350c2.doc
TO
TO
SUBJEC
NOTICE OF DETERMINATION
❑ Clerk of the Board of Supervisors FROM: Lead Agency: City of Palm Desert
or Address: 73-510 Fred Waring Drive
Palm Desert, CA 92260
® County Clerk
Contact: Kevin Swartz
County of: Riverside
i Associate Planner. City of Palm
Address: Registrar-Recorder/County Clerk Desert
2720 Gateway Dr.
Riverside, CA 92507 Phone: (760) 346-0611, ext. 483
Fax: (760) 340-0574
❑ Office of Planning and Research
P. O. Box 3044, Sacramento, CA 95812-3044
❑ 1400 Tenth Street (overnight or hand delivery)
Sacramento, California 95814
T: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code.
Project Title: Zoning Ordinance Amendment 15-350
State Clearinghouse Number: N/A Contact Person:
Kevin Swartz
Associate Planner
Specific Project Location: City of Palm Desert, Riverside County.
General Project Location: City of Palm Desert, Riverside County.
Project Applicant: N/A
Telephone Number:
(760) 346-0611, ext. 483
Project Description: The Project consists of several amendments to the City's Municipal Code. Specifically, the Project
will include amendments to Section 25.16.030 "Allowed Land Uses," Section 25.16.040 "Specific Use Standards",
Section 25.28.070 "Freeway Commercial Overlay District," and Section 25.99.020 "Land Use Definitions." These are
minor changes to the City's Municipal Code that will allow new and used outdoor automotive sales within the existing
service industrial and the freeway commercial overlay zoning districts via Conditional Use Permit approved by the City.
Notice of Determination 1 FORM "F"
72500.00001 �23603749.1
This is to advise that the City of Palm Desert (as ® Lead Agency or ❑ Responsible Agency) approved the above
described project on January 14, 2016, and made the following determinations:
1.
❑
The project will have a significant effect on the environment.
®
The project will NOT have a significant effect on the environment
2.
❑
An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of
CEQA and reflects the independent judgment of the Lead Agency.
®
A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the
independent judgment of the Lead Agency.
❑
A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects
the independent judgment of the Lead Agency.
1 3.
❑
Mitigation measures were made a condition of the approval of the project.
®
Mitigation measures were NOT made a condition of the approval of the project.
4.
❑
A Mitigation Monitoring or Reporting Plan was adopted for this project.
®
A Mitigation Monitoring or Reporting Plan was NOT adopted for this project.
1 5.
❑
A Statement of Overriding Considerations was adopted for this project.
®
A Statement of Overriding Considerations was NOT adopted for this project
6.
®
Findings were made pursuant to the provisions of CEQA.
❑
Findings were NOT made pursuant to the provisions of CEQA.
7.
®
This certifies that the negative declaration is available to the general public at the following location(s):
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, California 92260
Custodian:
Kevin Swartz
Associate Planner, City of Palm Desert
Date: January 14 , 2016
Date Received for Filing:
Location:
Palm Desert Civic Center
73-510 Fred Waring Drive
Palm Desert, California 92260
✓10
Signature
kbirN S;,wkZ
Printed name and Title
Notice of Determination 2 FORM "F"
72500.00001 v23603749.1
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 15-350
NOTICE OF INTENT TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR
CONSIDERATION TO ADOPT A ZONING ORDINANCE AMENDMENT TO ALLOW NEW AND
USED AUTO SALES WITHIN THE SERVICE INDUSTRIAL ZONE AND FREEWAY
COMMERCIAL OVERLAY ZONE SUBJECT TO A CONDITIONAL USE PERMIT, AND
MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND
25.99.020 TO REFLECT THE NEW ZONING ORDINANCE AMENDMENT
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), completed an Initial Study to review the potential
environmental impacts of adopting the Zoning Ordinance Amendment and have determined that
the proposed Zoning Ordinance Amendment will not have a negative impact on the environment
as individual development proposals will undergo additional environmental review as part of the
Conditional Use Permit process prior to any development.
Protect Location: City-wide, within the Service Industrial zone, Freeway Commercial Overlay
zone, General Commercial zone, and General Commercial, Scenic Preservation zone.
Recommendation: Staff is recommending that the City Council adopt the changes to Zoning
Ordinance.
Public Hearing: The public hearing will be held before the City Council on January 14, 2016, at
4:00 pm.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period on this project is from December 31,
2015 to January 14, 2016.
Public Review: The Zoning Ordinance Amendment is available for public review daily at City
Hall. Please submit written comments to the Planning Department. If any group challenges the
action in court, issues raised may be limited to only those issues raised at the public hearing
described in this notice or in written correspondence at, or prior to, the City Council hearing. All
comments and any questions should be directed to:
Kevin Swartz, Associate Planner
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
kswartz@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk
December 31, 2015 Palm Desert City Council
A Ir
t
CI
.4
�
� Ei �
F
•n...Yic�r. � '
�
�cn�.97
:
3. fym
�
�
b
�
� pAe
•nl A vli
,�.YA
2
� �
N a. PY .r sEki nrle e.e
b t
roi�yp0�
pEyEn,.µlawE
Y
� ARd
� � �
y. �' C +•'
Fg°n�°°p
�
`n
•d
:
ee�
a aaRana A
��98 RR9�•1
.ea.c..rnrar
V
$ h. A U �
�'�•��. �,.,r.eo' n°.°,.cW
2�
L
� f Fad � a, ar��
b
Q
e■
r�
®
_
`IV.
cwe eA
Z c^oCLS Ir
O
CI}
$ ne L
n �
n ❑� �' Lr
❑❑p F
��`V`oe
C A E..a.e arcrcy
--ICL
klnr
y
q sCF
�ypn
b 5
°
L = AS
M i
�
{i•]
■
3 ', �
�� ear >,M MY
E
� „.,, .° oR a y
IMr
,kr r .r� r
P
CD
Fw-w-f SMOG
N
L
y.c
� x�
�
aka'
aaawn Y
Fg �
a
R•1 lNW rw.r g A ` ��
� ���
^
,c'xce. r55
j� ens
��.ytli
oe
a prp�
�
'tA 95�1,1/9DA
�_ • iN]•W
2 �
��[ � l.e �
°I rA
i+`^ Xtlre a°xuv�te
w.=� E HrY � a
`
g
ti j y
w *trey a
Ir
:F r'
4L
r
jgpE f+
Gae,v
°PFL4
gg A
1
g'w°nvnxa
y
i ¢ a
R. R-}eoca R•lanep
7 �3
e
m
�*
fir, n�33'
R
�]
P-R-J P.R: /
••••
p
o
it
VASH71JG•T1,1N.5'
- -
1
I
"O�