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Home My WebLink AboutOrd 1302 - ZOA 15-350 - Outdoor Automotive SalesC^ M.'!�ZT 11 N G MT E - �L, D:T ORDINANCE' 1M � 2N0 �''� / _ ry 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 151h 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 Requirements 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. PC- PC- PC- PC- Automobile and Vehicle Uses OP C-1 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 j ,Storage facility I 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 — 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."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.Keon Swartz\Word`ZOA '5-350 Auto sale code changes\Auto 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'•PlanningKemr Swartz:Word'.ZOA 15-350 Auto sale code ch•anges\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 IRanning%Ke�r Swartz'=ordZOA 15-35C Autc sale code changes Auto Sales Ord doc