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HomeMy WebLinkAboutD. Case No. ZOA 10-69 - City of Palm Desert, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: THAT THE CITY OF PALM DESERT PLANNING COMMISSION RECOMMEND APPROVAL TO THE PALM DESERT CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT ADDING CHAPTER 25.130, LOCATION OF MISCELLANEOUS USES, TO THE PALM DESERT MUNICIPAL CODE. SUBMITTED BY: Kevin Swartz, Assistant Planner APPILANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 CASE NO: ZOA 10-69 DATE: March 16, 2010 ATTACHMENTS: Resolution Exhibit A, Chapter 25.130 Legal Notice Recommendation Recommend to the City Council approval of a Zoning Ordinance Amendment adding Chapter 25.130, Location of Miscellaneous Uses, to the Palm Desert Municipal Code. Executive Summary At the November 10, 2009 Planning Commission meeting, Commissioner DeLuna asked staff to research potential regulations on the location of tattoo establishments. On December 15, 2009, staff proposed four possible approaches for regulations and recommended one of the approaches. The Planning Commission discussed the four regulations proposed by staff and came to the conclusion that they want to eliminate the visual impact of tattoo establishments along the City's main commercial corridors, Highway 111 and El Paseo. There was also discussion regarding singling out tattoo establishments, and how other uses along Highway 111 and El Paseo such as smoke shops, independent massage establishments, pawn shops, and fortune tellers could be included in this discussion. The Commission asked staff to come back with a proposed Staff Report ZOA 10-69, Location of Miscellaneous Uses March 16, 2010 Page 2 of 5 zoning ordinance amendment. Staff has prepared a new Section for the Zoning Ordinance that would be identified as Chapter 25.130, Location of Miscellaneous Uses, to prohibit certain new miscellaneous uses along Highway 111 and El Paseo, including tattoo and body piercing establishments, pawn shops, fortune tellers or palm readers, smoke shops, billiards or pool halls, independent massage establishments, and bail bonds establishments. All existing miscellaneous uses will be considered legal non-conforming and will be allowed to continue business until such business is no longer in operation. The intent of the ordinance is to promote a better visual character of a destination resort community along the main core commercial area of the city. Background: Regulation of tattoo establishments has been discussed at several times within the City of Palm Desert dating back to December of 1997 when the City had only two tattoo establishments on Highway 111. The City Council discussed regulating the location of tattoo establishments as part of an ordinance dealing with the location of adult businesses. After discussion about regulating tattoo establishments, the City Council did not want to identify them as an adult entertainment business. At that time, the City Council determined that tattoo establishments were no different than a barber or beauty shop offering a personal service. Since the original discussion in 1997, there are currently six tattoo establishments, of which five are located on Highway 111 in the commercial core of the city. At the November 10, 2009 Planning Commission meeting, Commissioner DeLuna asked staff to research potential regulations on the location of tattoo establishments because of the high number of them in one location of the city. At the December 15, 2009 Planning Commission meeting, staff presented four possible approaches for regulation regarding tattoo establishments. The four approaches were: 1. Eliminate tattoo establishments within the city's commercial core along Highway 111 and El Paseo. Eliminating tattoo establishments in the commercial corridor would assist in preserving the quality of development along the city's primary entryways. Highway 111 and El Paseo are the major retail corridors of the city, and tattoo establishments do not contribute to the positive development or economic vitality of the city. Highway 111 serves as the primary connection to other desert cities east and west. Indian Wells and Rancho Mirage do not allow tattoo establishments, because they are not addressed in their respective municipal codes. This is causing an influx of tattoo establishments in Palm Desert along Highway 111. Prohibiting tattoo establishments along Highway 111 and EL Paseo may help prevent any deleterious impacts from a concentration of tattoo establishments on Highway 111, thereby reducing or eliminating the G:\Planning\Kevin Swartz\Word\Miscellaneous Ord\Pc misc ord report final.doc Staff Report ZOA 10-69, Location of Miscellaneous Uses March 16, 2010 Page 3 of 5 adverse secondary effects of such uses in the area. Tattoo establishments would be permitted outright in other zones and areas of the City. 2. Require a Conditional Use Permit (CUP) in all zones, except residential, for a tattoo establishment to open business. These zones are the PC (Planned Commercial) District, PCD (Planned Community Development) District, (S.I) Service Industrial District, C-1 (General Commercial) District, and O.P (Office Professional) District. This would include Highway 111 and El Paseo. The ordinance could be written to require a CUP in all zones, but prohibit them along Highway 111 and El Paseo. If a CUP is required, tattoo establishments must be approved by the Planning Commission to establish the business. The Planning Commission could approve a tattoo establishment with conditions of approval placed on the business, or could deny an application if it was believed that the business is not located in a appropriate location. The CUP would focus upon the safety and welfare of the client, community, and property. Conditions of approval for a CUP would also regulate hours of operation, number of employees, parking, and signage. A CUP would be approved for the property, not the business owner, and it could be revoked if a business is operating outside the terms of the conditions. Requiring a CUP for this type of business is not the best solution because it requires staff to analyze other land use compatibility requirements, which would show that tattoo establishments are typically open from 3 pm to 1 am, and do not create parking problems since most other businesses in the same location would be closed. Other than the hours of operation, tattoo establishments are similar to beauty salons, barbers, and other businesses offering personal services from a land use perspective. Therefore, the legal findings for approving or denying the CUP will be difficult for staff to make. 3. Allow tattoo establishments within all zones, except residential, without prohibiting them within the commercial core, but place a proximity prohibition to similar establishments. An example would be to restrict tattoo establishments so that no such establishment can be within 500 or 1,000 or 1,500 feet from another, and/ or schools, child care centers, municipal parks, and places of worship. 4. Like other local cities, prohibit outright tattoo establishments and other uses the Planning Commission may consider as well. These cities do not address tattoo establishments in their municipal codes, therefore do not allow them. However, the legal grounds to deny new tattoo businesses may be difficult for the City of Palm Desert, since there are seven tattoo establishments doing business today. After the discussion regarding staff's four possible approaches for regulation, and concerns regarding singling out tattoo establishments, staff recommended approach G:\Planning\Kevin Swartz\Word\Miscellaneous Ord\Pc misc ord report final doc Staff Report ZOA 10-69, Location of Miscellaneous Uses March 16, 2010 Page 4 of 5 No.1, eliminating tattoo establishments along Highway 111 and El Paseo, in order to preserve the quality of development along the city's primary entryways. Staff also recommended that existing businesses be considered grandfathered in along Highway 111. A business owner for Mad Hatter Tattoo, Mr. Troy Lawrence, voiced his concerns to the Commissioners. Mr. Lawrence felt that tattoo establishments were being singled out and that his business contributes jobs and revenue to the city and shouldn't be viewed any differently than any other business. Mr. Lawrence didn't agree with potentially being relocated off of Highway 111 where he has conducted business for over 10 years. Discussion: Tattoo establishments have always been considered a personal service such as a barber shop or beauty salon and are allowed in the commercial zoning district without any restrictions. When staff was directed to research possible restrictions because of the concern with a resort community having a high concentration of tattoo establishments in the commercial core, staff recommended that they be restricted from Highway 111 and El Paseo to preserve and enhance the visual character of the commercial core. Once the intent of the restrictions was identified, staff believed that there were other potential uses that could negatively impact the commercial core if there was a high concentration of them as well. Based on improving the visual character of the commercial core, staff created a new ordinance for what is referred to as "Miscellaneous Uses." Miscellaneous uses including tattoo and body piercing establishments, pawn shops, fortune tellers or palm readers, independent massage establishments, smoke shops, billiards or pool halls, and bail bond establishments, do not contribute to the positive development or economic vitality of Highway 111 and El Paseo., They are antithetical to the core economic interests of the City, as defined by the Economic and Fiscal Element of the General Plan. Eliminating miscellaneous uses within these commercial corridors will assist in enhancing and preserving a higher quality of development along the city's primary entryways. Currently along Highway 111 and El Paseo there are five tattoo establishments, eight independent massage establishments, one palm reader, and three smoke shops. Under the proposed ordinance, the existing uses will be grandfathered in as permitted uses, and will be allowed to continue their usage as they presently exist. All new miscellaneous uses would be subject to the proposed Zoning Ordinance Amendment regulations and all other applicable regulations. No new miscellaneous uses would be established along, or within 300 feet of the right-of-way for, Highway 111 and El Paseo. Miscellaneous uses would be permitted in all commercial or service industrial areas of the city where not otherwise prohibited by code, with a 1,000 foot separation requirement from a same use. For example, a tattoo establishment must be 1,000 feet from another tattoo establishment, but not from other miscellaneous uses listed in this section. In order to determine the distance, a straight line would be measured from the G:\Planning\Kevin Swartz\Word\Miscellaneous Ord\Pc misc ord report final.doc Staff Report ZOA 10-69, Location of Miscellaneous Uses March 16, 2010 Page 5 of 5 nearest property line containing the miscellaneous use to the nearest property line of an affected use or other miscellaneous use, without regard to intervening structures. With the proposed ordinance, staff doesn't foresee any direct or indirect impacts to the existing businesses since they will be allowed to continue their usage. New businesses would not be impacted, since there will still be many areas of the city in which they are permitted. Environmental Review: The proposed amendment is exempt from further environmental review under the California Environmental Quality Act ("CEQA")(Cal. Pub. Res. Code, section 21000 et seq.) and its implementing regulations based on the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (CEQA Guidelines section 15061(b)(3). Staff has determined that no significant impacts will occur because miscellaneous uses would be permitted in all areas of the City where not otherwise prohibited by code. Conclusion: Palm Desert is known for being a resort destination, and Highway 111 and El Paseo are the commercial corridor of the City. Preserving the commercial viewsheds requires unique land use provisions to promote a high quality visual character for Palm Desert. The purpose of this ordinance is to establish standards and procedures to promote a higher quality of development along the city's commercial corridors and throughout the city in general, in support of the goals, programs, and policies established in the Economic & Fiscal and Community Design Elements of the General Plan. Staff believes adding Chapter 25.130, Location of Miscellaneous Uses, to the Palm Desert Municipal Code will assist in promoting and preserving a high quality of development along the city's primary entryways of Highway 111 and El Paseo, while protecting the interests of the existing businesses.. Submitted by: Department Head: )6: Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\Miscellaneous Ord\Pc misc ord report final.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT ADDING CHAPTER 25.130 LOCATION OF MISCELLANEOUS USES TO THE PALM DESERT MUNICIPAL CODE. CASE NO: ZOA 10-69 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of March 2010, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted matter; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment and is therefore not subject to 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 justify the recommendation to the City Council of said request: 1 . The proposed Zoning Ordinance is consistent with the established goals, policies, and objectives of the General Plan. 2. As described in the General Plan, the City of Palm Desert is the premier business, resort and residential community in the Coachella Valley, whose three core economic interests are: retail commercial, resorts and tourism, and educational institutions. 3. Highway 111 and El Paseo are significant commercial corridors of the City, with viewsheds that require special land use provisions to promote a quality image of Palm Desert. 4. That the proposed Zoning Ordinance Amendment will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the City of Palm Desert. 5. The purpose of this Zoning Ordinance is to establish standards and procedures to promote quality development along the city's commercial corridors and throughout the city in general, in support of the goals, programs, and policies established in the Economic & Fiscal and Community Design Elements of the General Plan. PLANNING COMMISSION RESOLUTION NO. 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 Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of ZOA 10-69, attached as Exhibit A. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of March 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M. CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A CHAPTER 25.130 LOCATION OF MISCELLANEOUS USES Sections: 25.130.010 Findings and Purpose 25.130.020 Definitions 25.130.030 Applicability 25.130.040 Location Section 25.130.010 Findings and Purpose A. This ordinance is based on the following findings: 1. The proposed Zoning Ordinance is consistent with the established goals, policies, and objectives of the General Plan; 2. As described in the General Plan, the City of Palm Desert is the premier business, resort and residential community in the Coachella Valley, whose three core economic interests are: retail commercial, resorts and tourism, and educational institutions; 3. Highway 111 and El Paseo are significant commercial corridors of the City, with viewsheds that require special land use provisions to promote a quality image of Palm Desert; 4. Miscellaneous uses, including tattoo and body piercing establishments, pawn shops, fortune teller or palm readers, independent massage establishments, smoke shops, billiards or pool halls, and bail bond establishments, do not contribute to the positive development or economic vitality of Highway 111 and El Paseo and are antithetical to the core economic interests of the City, as defined by the Economic and Fiscal Element of the General Plan; 5. Eliminating miscellaneous uses within these commercial corridors will assist in preserving the quality of development along the City's primary entryways; B. The purpose of this chapter is to establish standards and procedures to promote quality development along the city's commercial corridors and throughout the city in general, in support of the goals, programs, and policies established in the Economic & Fiscal and Community Design Elements of the General Plan. Section 25.130.020 Definitions A. "Bail bond establishment" means any establishment where bail bonds can be purchased. B. "Body piercing establishment" means an establishment where, for commercial purposes, the act of penetrating the skin to make generally permanent in nature, a hole, mark, or scar. "Body piercing" does not include the use of mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. 3 PLANNING COMMISSION RESOLUTION NO. C. "Fortune teller or palm reader" means someone who, for commercial purposes, claims to see the future and reads customers' fortunes. D. "Independent massage establishment" means a massage establishment as defined in Section 5.87.020 where the primary and predominant business service is the practice of massage as defined in Section 5.87.020. An independent massage establishment is not an establishment that is associated with or located on the premises of a resort, country club, hotel, or health club. E. "Miscellaneous uses" include tattoo establishments, body piercing establishments, pawn shops, fortune teller or palm readers, thrift stores, smoke shops, billiards or pool halls, and bail bond establishments. F. "Pawn shop" means a business that offers secured loans to people, with items of personal property used as collateral. G. "Smoke shop" means an establishment that primarily sells tobacco products (as defined in Section 8.34.010) and generates at least 50% of its gross revenue from the sale of tobacco paraphernalia (as defined in Section 8.34.010), including such paraphernalia that may be used with illegal drugs. A smoke shop is not a retail tobacco establishment. A retail tobacco establishment is an establishment that generates less than 50% of its gross revenue from the sale of tobacco paraphernalia and generates more than 80% of its gross revenue from the sale of tobacco products. Retail tobacco establishments are exempt from this ordinance prohibition. H. "Tattoo establishment" means a business providing tattooing, i.e. marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. A tattoo establishment does not include beauty salons, health spas, and/or similar establishments that provide permanent makeup on the skin of the face, including, but not limited to, the permanent coloring of the eyebrows, lip line, and eye line. Section 25.130.030 Applicability A. All new miscellaneous uses shall be subject to these regulations and all other applicable regulations. B. All miscellaneous uses existing on the effective date of the ordinance codified in this chapter shall be considered permitted uses, and allowed to continue their usage as they presently exist. Section 25.130.040 Location A. No miscellaneous uses shall be established in the following locations: 1. Along Highway 111 or within 300 feet of the right-of-way of Highway 111; 2. Along El Paseo or within 300 feet of the right-of-way of El Paseo. B. Miscellaneous uses are permitted in all areas of the City where not otherwise prohibited by code, except as provided in Section 25.130.030(A), but may not be within 1,000 feet from a same use (i.e. a pawn shop must be 1,000 feet from another pawn shop, not other miscellaneous uses listed in this section). 4 PLANNING COMMISSION RESOLUTION NO. C. The measure of reference distance in this section shall be a straight line from the nearest property line containing the miscellaneous use to the nearest property line of an affected use or other miscellaneous use, without regard to intervening structures. SECTION 2. SEVERABILITY If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. PUBLICATION AND EFFECTIVE DATE 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 effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the day of , 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK 5 CITY OF PFFIT ' ESE 44; , �: 73-510 FRlI)WARIhr DRIA r k. mail Pit it Ut_SI RI,CAI n.oRN! 9226o-2578 $ - t,y tiS IAx:76o 341-7098 "��? InioWp:dm-do,rt CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-69 NOTICE OF INTENT BY THE CITY OF PALM DESERT PLANNING COMMISSION TO RECOMMEND APPROVAL TO THE PALM DESERT CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT ADDING CHAPTER 25.130 LOCATION OF MISCELLANEOUS USES TO THE PALM DESERT MUNICIPAL CODE. PROJECT DESCRIPTION: Adding Chapter 25.130 Location of Miscellaneous Uses to the Palm Desert Municipal Code will prohibit certain miscellaneous new uses along Highway 111 and El Paseo, including tattoo and body piercing establishments, pawn shops, fortune teller or palm readers, smoke shops, billiards or pool halls, and bail bond establishments. All existing miscellaneous uses will be considered legal non- conforming and will be allowed to continue business until such business is no longer in operation. PROJECT LOCATION: Along Highway 111 and El Paseo within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, March 16, 2010, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary March 3, 2010 Palm Desert Planning Commission