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HomeMy WebLinkAboutOrd 659 Permitted Conditional Uses ZOA 91-3 ,0 CITY OF PALM DESERT DEE 'MENT OF COMMUNITY DEVELO: MT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an amendment to the zoning ordinance as it relates to permitted conditional uses in the C-1, PC-2, PC-3 and PC-4 commercial zones. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 91-3 `CD I J' ( 61, MEETItiG Uri� V. DATE: October 10, 1991 ❑ CONT;;4UED TO VI. CONTENTS: SC►:D T3 2 dD READING. V° ( L` C`'q A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. 659 . D. Planning Commission staff report dated September 17, 1991 . E. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 659 to second reading. B. BACKGROUND: During the hearing for a code amendment to permit open air sales in the public zone subject to a conditional use permit the Chamber of Commerce requested that the amendment be expanded to permit similar requests to be considered in the commercial zones. Planning commission concurred with the request and the second matter was noticed and a separate hearing was held by the planning commission September 17, 1991. At that time it was recommended for approval to the city council on a 3-0 vote with Commissioner Jonathan absent and Commissioner Spiegel expected to be sworn in at a future meeting. C. DISCUSSION: This proposed code amendment, if adopted, will permit a "swap meet- street fair" type of activity as a conditional use in the commercial zones. Adoption of this amendment will permit the city STAFF REPORT ZOA 91-3 OCTOBER 10, 1991 to process a conditional use permit for future street fairs in the commercial zones. The CUP' s then could be fully assessed and denied or approved subject to conditions which would be imposed on the operation. Prepared by: Reviewed and Approved by: SRS/tm 2 J CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1991 CASE NO. : ZOA 91-3 REQUEST: Amendment to permitted conditional uses in the commercial zone (C-1 , PC-2, PC-3 and PC-4) APPLICANT: City of Palm Desert I . BACKGROUND: August 20, 1991 commission acted on the case to add "swap meet" "street fair" as a conditional permitted use in the public/institutional zone. At that time commission directed staff to advertise and process a similar amendment which would be applicable to the commercial zones in the city. II. DISCUSSION: The draft resolution attached hereto will insert "swap meet - street fair" as a permitted conditional use in the commercial zones C-1 , PC-2, PC-3 and PC-4 (sections 25.28.030 L, 25.30.020 A, 25.30.020 B and 25.30.020 C) . III . ANALYSIS: A. FINDINGS: 1 . That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment will better serve the public health, safety and general welfare. B. ENVIRONMENTAL REVIEW: The director of community development has determined that the proposed code amendment is a class 21 categorical exemption and no further review is necessary. STAFF REPORT CASE NO. ZOA 91-3 SEPTEMBER 17, 1991 IV. RECOMMENDATION: Staff recommends: A. Adoption of the findings delineated in the staff report. B. Adoption of Planning Commission Resolution No. recommending approval of ZOA 91-2 to the city council . Prepared by: Reviewed and Approved 'IA/bye V-7 SRS/db 2 PLAN/ ; COMMISSION RESOLUTION NI 1537 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030 AND 25.30.020 OF THE CODE OF THE CITY OF PALM DESERT. CASE NO. ZOA 91-3 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1991, hold a duly noticed public hearing to consider an amendment to the zoning ordinance to sections 25.28.030 and 25.30.020 (conditional uses in the commercial zones) ; and WHEREAS, said amendment has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89" , in that the director of community development has determined the amendment to be a class 21 categorical exemption for purposes of CEQA; 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 planning commission did find the following facts and reasons to exist to approve a zoning ordinance text amendment: 1 . That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment will better serve the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That the planning commission does hereby recommend to the city council approval of Zoning Ordinance Amendment 91-3 as provided in the attached exhibit, labeled Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 17th day of September, 1991, by the following vote, to wit: AYES: DOWNS, RICHARDS, WHITLOCK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SRS/db/tm PLANNING COMMISSION ] )LUTION NO. 1537 EXHIBIT "A" Section 1 That section 25.28.030 of the municipal code be and the same is hereby amended by adding to said section of the following subparagraph. "L. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 2 That section 25.30.020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 3 That section 25.30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " Section 4 That section 25.30.020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph. "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " SRS/db/tm 2 e K-JJ '-'./-* \ ©DIRT oV Ia=u D eseN '''`jia 3S'a 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 OFFICE OF TELEPHONE (619) 346-0611 FAX (619) 340-0574 THE MAYOR September 17, 1991 Mr. Charles E. McEwan 34 Kavenish Drive Rancho Mirage, California 92270 Dear Mr. McEwan: Thank you for your letter of September 11, 1991, relative to the College of the Desert Street Fair. The matter of a Conditional Use Permit (C. U. P. ) will be heard by the Planning Commission this evening and by the City Council in a public hearing at 7 :00 p. m. on Thursday, October 10, 1991. Once the matter has been decided on the C. U. P. , the Commission and the Council can begin public hearings relative to specific applications, i. e. , the College of. the Desert Street Fair. Those public hearings will probably be scheduled for November and December of this year. Your letter will be provided to the Planning Commission and City Council for consideration in the deliberation of this issue. In the meantime, thank you for taking the time to write us. Your opinions and concerns are of importance to us. Sincerely, _eta; .),0- WALTER H. SNYDER MAYOR WHS: phs RECEIVED '91 SEP 16 FA 2 Cl September 11, 1991 CITY CLERK'S 0-;-ICE Palm Desert City Council City Hall 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear City Council Members: I have watched from a distance the growing conflict between the Palm Desert/Rancho Mirage businesses and the College of the Desert (COD) Street Fair. I am not a disinterested party as my wife owns a women's boutique on El Paseo in Palm Desert. The whole issue of the COD legal or illegal Street Fair because of zoning is totally immaterial if you look at all other parameters involved. I believe that the city would not allow the Street Fair to continue if they weighed the true facts and not the emotional facts . The major fact being that COD is the operator of the Street Fair. If this was an individual or business, not COD, the zoning change would not be considered. Because of COD you are overlooking some major items : 1. The local shopping areas are vacant from 8 : 00 AM until 2 :00 - 3: 00 PM on both Saturday and Sunday, when the Street Fair is operating. 2 . Small businesses are being terminally damaged by the Street Fair, in particular: a) Hardware stores (tools ) b) Silk plants and plant stores c) Restaurants (no Saturday or Sunday lunches) d) Art galleries e) Tee shirt shops f) Shoe stores g) Golf shops h) Furniture i) Accessories (lamps/rugs j ) Jewelry stores (watches) k) Clothing stores (handbags, costume jewelry) 3 . Most vendors at the Street Fair are professional swap meet vendors that travel from location to location and are not local people. The products they are selling are bought wholesale in Los Angeles or Mexico. A number of these products are illegal copies of trademarked merchandise and there have been arrests at the Street Fair because of the illegal merchandise. 4 . Even the produce is trucked in from the Los Angeles produce market. 5 . The money raised by COD through the Street Fair is always listed at $300,000 but the net amount is never mentioned. The local stores and shops do hire local people and do pay their taxes locally. The small businesses in our local area are having a hard time during the current business slow down. To have Street Fairs that come to town on Saturday and Sunday and reap the best tourist days from local merchants and pay two day's rent and no property taxes, is ludicrous, and probably fatal to many small businesses . They don't operate through the summer at all because they only pay rent when they show up. You can do that if you operate on state property and don't pay local property taxes . I am sure most businesses are not against fair competition but this does not qualify as fair competition. These are important issues and I don't believe they have been address properly. One mistake that has been consistently made is to pit the little person at the swap meet against I Magnin's, Bullock's or El Paseo. Forget I . Magnin's, Bullock's and El Paseo and worry about the little stores and shops that are hurting. These same businesses are asking their attorneys and landlords if they can break their lease because of this zoning change so that they can join the Street Fair. If the Palm Desert City Council votes to approve this mis-use of state property by changing the zoning, you are sending an absolute message to small business that Palm Desert doesn't want you in town, get out, we don't need you! ! ! The Street Fair will pay taxes and hire local people to sell illegal copies of Rolex watches, Ray-Ban glasses and Chanel purses . The council should consider these import facts before setting a damaging precedent of allowing a Street Fair to destroy your tax paying small businesses . Thank you for your consideration. Sincerel 27-(72 :f Charles E. McEwan 34 Kavenish Drive Rancho Mirage, CA 92270 - 2 - ©ITV of Id u D eseN iEi 3""` 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 OFFICE OF TELEPHONE (619) 346-0611 FAX (619) 340-0574 THE MAYOR September 17, 1991 Mr. James H. Struck Eagle Art Galleries 73-199 El Paseo Palm Desert, California 92260 Dear Mr. Struck: Thank you for your letter of August 22, 1991, relative to the College of the Desert Street Fair. The matter of a Conditional Use Permit (C. U. P. ) will be heard by the Planning Commission this evening and by the City Council in a public hearing at 7 :00 p. m. on Thursday, October 10, 1991. Once the matter has been decided on the C. U. P. , the Commission and the Council can begin public hearings relative to specific applications, i. e. , the College of the Desert Street Fair. Those public hearings will probably be scheduled for November and December of this year. Your letter will be provided to the Planning Commission and City Council for consideration in the deliberation of this issue. In the meantime, thank you for taking the time to write us. Your opinions and concerns are of importance to us. Sincerely, WALTER H. SNYDER MAYOR WHS: phs • RECEIVED 91 AUG 22 fin 9 54 W i I' CLERK'S OFFICE 22 August 1991 Mayor Walter Snyder City of PAlm Desert 73-510 Fred Waring Drive Palm Desert , CA 92260 RE: Case #ZOA 91-2 Dear Mayor Snyder : I would like to take a few minutes of your time to bring to your attention some issues which, I feel , relate to the proposed zoning ordinance change on open air selling. 1 . You must look at what the potential long term effect of open air selling will have on the community. 2 . What is the potential environmental impact on the community? Would a prospective applicant be required to provide a full scale EIR prior to being granted a CUP? 3 . What is the anticipated cost of this zoning change to the city? How and where will the funding come from to the the costs? 4 . If the zoning change is passed, would vendors then fall under the jurisdiction of all zoning laws? For example, would the vendors be required to follow the zoning regulation on signage? Are the current signage regulations applicable to open air selling, or would they need to be modified? How would open air selling be applied to other zoning regulations? 5 . Would the vendors Business License fee be based on their gross annual sales or would it be a flat fee? Would the fees generate sufficient revenue to cover the associated costs of enforcing the zoning regulations? 6 . The Palm Desert Chamber of Commerce has proposed that there be an element of control placed on open air selling . What are these controls? Are they feasible to enforced, considering the present City Staff? 7 . Usually open air selling is held only on the weekend. Is the City Staff prepared to work seven days a week enforcing the Code equally to all businesses? 8 . What would the penalties be for violation of the Code? Financial? Revocation of a Business License? The issue of open air selling will have a tremendous impact on this community, and will require a great deal of time to ascertain the answers to a variety of related items which should be addressed before any final action is taken. I have a great deal of faith in you and your colleagues to thoroughly evaluate each one to determine what the long term effect will have on us . Unfortunately elected officials sometimes have to vote against a popular issue with the people to best serve the long term needs of a community . I shall eagerly await your response to my quires . Thank you very much. Sincerely, James H . Struck, Owner Eagle Art Galleries 73-199 El Paseo Palm Desert , CA 92260 cc : Jean Benson Buford Crites Richard Kelley S . Roy Wilson