HomeMy WebLinkAboutORD 13847
ORDINANCE NO. 1384
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, RECOMMENDIMG APPROVAL OF A ZONING ORDINANCE
AMENDMENT TO MODIFY PALM DESERT MUNICIPAL CODE CHAPTER
25 (ZONING) RELATING TO LAND USES
CASE NO: ZOA 22-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1 gth day of April 2022, 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 No. 2811, recommending
that the City Council adopt the Zoning Ordinance Amendment (ZOA) for said land use changes
and definition updates; and
WHEREAS, the Zoning Ordinance Amendment (ZOA) modifies the Palm Desert
Municipal Code (PDMC) Chapter 25 (Zoning) to land uses changes and definition updates; and
WHEREAS, The City Council finds that theadoption of this ordinance is not a "project,"
as defined in the California Environmental Quality Act (CEQA) because it does not have the
potential for resulting in either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment and concerns general policy and
procedure making; and
WHEREAS, the City Council of the City of Palm Desert, did on the 12th day of May
2022, hold a duly noticed public hearing to, the City Council opened the public hearing, the
City Council considered the request by the City of Palm Desert for approval of a ZOA is
consistent with the City's General Plan; and
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, California,
approve, and adopt the PDMC amendment to Chapter 25 (Zoning) as shown in Exhibit A,
which is attached hereto and incorporated herewith.
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,
ORDINANCE NO. 1384
subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the
fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or I
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 261h day of May 2022, by the following
vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE C-L(�
JAN C. HA/(RNIK, MAYOR
ATTEST:
OLItIIZClZ-
CLERK
-IALIFORNIA
2
J
ORDINANCE NO. 1384
"EXHIBIT A"
ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Chapter 25.16 is hereby amended as follows:
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
CommerciaRudustrial District
(P--Permitted; A=Administrative Use Permit; C=Conditional
UsePermit; -N=Not Permitted)
Special
OP ' 'PG_L' . PC-2' .I PC-3 I PC-4' I SI .I Provisions s
Residential Uses -
Caretaker housing
N
N N
Condominium
C
C C
Dwelling, duplex
C
C C
Dwelling, multifamily
C
C C
Dwelling, single-family
C
C C
Group home
C
C N
Single -room occupancies
N
N N
Homeless Shelter
N
N N
Recreation, -Resource Preservation, Open
Space, and Public Assembly Uses
Amusement facility, indoors
N
N C
Amusement facility, outdoors
N
N N
Community facility
N
N N
Day care center
N
A A
Emergency shelters
N
P N
Entertainment facility, indoor
N
N N
Entertainment facility, outdoor
N
N N
Institution, educational
C
C C
Institution, general
C
N C
Institution, religious
C
N C
Open space (developed or natural)
N
P P
Recreation facility, commercial
N
N P
Recreation facility, private
N
N N
N N P
N C
C C
C C
N C
N C
N N
IN
C
C
N
A
N
P
P
N
N
N
N
P
P
N
C
C
N
A
N
P
P
N
N
N
P
P
P
C
C
C
C
C
C
P
N
N
P
N
P
N
N
C
C
C
N
N
N
25.16.040.A
25.16.040.B
25.16.040.B
25.16.0403
25.16.0403
25.16.0403
ORDINANCE NO. 1384
,CommereiaVIndustrial District
(P=Permitted;
A=Administrative
Use Permit; C=Couditio_nal'
'
Use Permit; N=Not Permitted),
Special Usc
OP
PC4
PC-2,
PC-3
PC-4 :
Sf
Provisions
Theater/auditorium
N
N
P
P
N
N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower
C
C
C
C
C
C
25.16.040.0
J
Commercial parking lot
C
N
N
N
N
N
Public utility installation
N
N
N
N
N
P
Public facility (utility or service)
N
N
N
N
N
P
Utility facility
N
N
C
N
N
P
Retail, Service; and Office Uses
Adult entertainment
N
N
N
N
N
C
25.16.040.13
Ancillary commercial
A
P
P
P
N
A
25.16.040.E
Art gallery
A
P
P
p
P
C
Art studio
A
P
P
P
P
C
Bed and breakfast
N
A
A
A
A
N
,
Business support services
N
N
N
N
P
P
Cannabis retail
N
C
C
C
C
N
25.34.120
Cannabis testing and research laboratory
C
N
N
N
N
C
25.34.120
Convention and visitors bureau
N
N
P
N
P
N
Drugstore
N
P
P
P
N
N
Financial institution
C
P
P
P
N
N
Grocery store
N
P
P
P
N
N
25.16.040.17
Health club, gyms or studios
N
A
P
P
P
A
Hotel
N
A
A
A
P
N
25.34.070
Liquor store
N
P
P
P
N
N
Liquor, beverage and food items shop
N
p
P
P
P
N
Medical, clinic
P
N
P
P
N
N
Medical, office
P
P
P
P
N
N
Medical, hospital
N
N
N
N
N
C
Medical, laboratory
P
N
N
N
N
P
Medical office, accessory
N
N
N
N
N
P
25.16.040.G
'
ORDINANCE NO. 1384
Commercial/Industrial District '
'
(P=Permitted; A=Administrative
Use Permit; C=Conditional
Use Permit; N=Not Permitted)
Special Use
OP*
PC-1
-. PC-2'
PC-3
PC-4;
SI
Provisions
Medical, research facility
P
P
N
N
N
C
Mortuary
N
N
N
N
N
P
Office, professional
P
N
P
P
P
P
Office, local government
P
N
N
N
N
P
Office, travel agency
P
P
P
P
P
N
Outdoor sales
N
N
A
A
A
A
Personal services
N
P
P
P
P
N
Restaurant
A
A
A
A
P
A
25.16.040.E/
H
Retail
N
P
P
P
P
N
Retail, bulky items
N
N
N
P
P
N
Spa
N
N
P
P
P
N
I Time-share project
N
N
N
C
C
N
1
Veterinary clinics/animal hospitals
A
N
A
A
N
A
Pet boarding
N
A
A
A
N
A
Automobile and Vehicle Uses
Automotive rental agency
N
N
N
N
P
P
Automotive gasoline station
N
N
C
C
N
C
25.34.090
Automotive service facility
N
N
C
C
N
P
25,34.090
Automotive sales new and used
N
N
N
N
N
C
(outdoor/indoor)
(outdoor)
A
(indoor)
Automotive sales of accessory parts and
N
N
N
P
P
N
supplies
Vehicle storage facility
N
N
N
N
N
P
25.16.040.1
Industrial, Manufacturing, and Processing
Uses
Cannabis cultivation
N
N
N
N
N
C
25.34.120
'
I Cannabis delivery
N
N
N
N
N
C
25.34.120
Cannabis distribution
N
N
N
N
N
C
25.34.120
ORDINANCE NO. 1384
GommerciaVIndustrial District
(P=Permitted;A=Administrative Use Permit; ,C=Conditional'
'
Use Permit; N=Not Permitted) „
Special Use.
op
PC-1
PC-2 PC-3 PC-t 51, ' Provisions
Cannabis manufacturing
N
N
N N N C 25.34.120
Industrial planned unit development I
N
N
N N N P
Light industrial and research and development I
N
N
N N I N P
Maintenance facility I
N
N
I N N I N P
Pest control facility I
N
N
I N N I N P
Preparation of foodstuffs I
N
N
I N N I N P
Production of home and office decor I
N
N
N N N P
accessories
Warehouse or storage facility I
N
N
I N N I N P
Temporary Uses _ I
Sasectior25:34.080'
1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the
discretion of the ZA based on: parking, traffic, or other impacts.
SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal '
Code Chapter 25.99 (Definitions) is hereby amended as follows:
25.99.020 Land Use Definitions
Animal clinic. A place where animals no larger than the largest breed of dogs are given
medical or surgical treatment; a facility primarily for treatment of outpatients and where for only
a short time, critical patients are kept longer than 24 hours. Boarding of animals can be
incidental to such clinic use. The term "Veterinary clinics or animal hospital' should be used
interchangeably with "Animal Clinic".
Kennel. Any lot where four or more dogs or cats over the age of four months are kept or
maintained. The term "Pet Boarding" should be used interchangeable with "Kennel."
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Chapter 25.34 (Special Use Provisions) is hereby amended as follows:
Chapter 25.34.070 Hotels
A. Purpose. The purpose of the special use regulations for hotels is to establish special
site development and improvement standards.
B. Minimum room size. The minimum guest room/suite size for any hotel shall be 330 I
square feet. Hotel projects shall have an overall average guest room/suite size of at least
375 square feet.
ORDINANCE NO. 1384
D. HVAC required. All hotel developments shall utilize central air conditioning systems
or vertical fan coil systems, or other specifically approved systems. Window- or wall -
installed air conditioning systems are prohibited. (Ord. 1259 § 1, 2013)