HomeMy WebLinkAboutRes No 1786PLANNING COMMISSION RESOLUTION NO. 1786
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY
COMMERCIAL OVERLAY ZONE DISTRICT.
CASE NOS. ZOA 97-1 AND C/Z 97-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance
to create a Freeway Commercial Overlay Zone District; 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. 80-89," in that the director of community development has determined the ordinance
to be a Class 5 Categorical Exemption; 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 recommend approval of the ordinance:
1. The proposed ordinance to create a Freeway Commercial Overlay Zone District
is consistent with the intent of the General Plan and will protect the
community health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Paim
Desert, as follows:
1. That the above recitations are true and correct and constitute the findings of
the commission in this case.
2. That it does hereby recommend approval to the City Council of ZOA 97-1
Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 18th day of February, 1997, by the following vote; to wit:
AYES: BEATY, CAMPBELL, FERNANDEZ JON
NOES: NONE
ABSENT: NONE
ABSTAIN: FERGUSON
ATTEST:
PHILIP DRELL1Secretary ,�._
Paim Desert P nning Commission
Sri
4AMES'•
SON, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1786
EXHIBIT "A"
FREEWAY COMMERCIAL OVERLAY
ZONE DISTRICT
25.108.010 Purpose.
The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional
standards and incentives for the development of a variety of commercial uses.
Whenever the FCOZ has been added to a base zone, the owner/applicant may choose
whether to use the optional FCOZ standards or the standards of the base zone. In
order to obtain approval of uses only permitted in the FCOZ the project must utilize
FCOZ standards.
25.108.020 Conditional Uses.
Uses permitted by approved Conditional Use Permit shall be as follows:
I) restaurants general including drive-thru restaurants
ii) automobile service stations without regard to the required separation distance
provisions per M.C. Section 25.56.330
iii) convenience stores
iv) car wash
v) combinations of two or more of the above uses
vi) hotels
vii) commercial recreation and amusement establishments
viii) mini warehouses
ix) outdoor recreational vehicle and boat storage
25.108.030 Development Standards.
Projects proposed under this chapter shall be master planned and the master plan
shall be approved by the planning commission prior to any construction activity.
Development of individual projects within the approved master plan shall be
processed through the precise plan process.
Property to be master planned shall be at least five (5) acres in size and shall have
frontage on a designated arterial street.
Drive -up lanes and window facilities shall be designed so as to not be visible from an
arterial street.
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PLANNING COMMISSION RESOLUTION NO. 1786
Development standards shall generally be flexible to insure efficient site planning and
to foster the creation of attractive developments.
Automobile service stations shall comply with the requirements of M.C. Section
25.56.340 thru 25.56.410 in addition to the following:
a) Required On -Site Parking:
The required number of parking spaces for a combined development shall be
cumulative for all proposed uses. Planning Commission may reduce the required
parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant
which serves a hotel) or with a showing of good cause the planning commission may
increase the number of parking spaces required.
Automobile Service Station (no service bays)
Automobile Service Station (with service bays)
Convenience Store
Car Wash
Restaurant, general
Restaurant, drive through
Hotel
b) Setbacks:
5 spaces
4 spaces/bay
1 space per 250 sq. ft.
of GFA/Min. 10 spaces
16 spaces
See M.C. Section 25.58.310
See Restaurant, general plus at
least 7 spaces in drive -through
lane
See M.C. Section 25.58.310
Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations
pursuant to M.C. Section 25.56.350 et al.
c) Landscaping:
All master planned projects approved through the FCOZ process shall provide a
minimum of at least thirty percent (30%) landscaped open space, of which at least
half of the common usable public space which can include picnic area, a dog park,
a kids land, as well as landscaped setback areas. With a showing of good cause, the
planning commission may decrease the minimum landscaped open space requirement.
25.108.040 Freeway Visible Signage.
Each developed commercial property within the Freeway Overlay Zone District and within
500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with
the following criteria:
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PLANNING COMMISSION RESOLUTION NO. 1786
I) Maximum number of freeway visible signs shall be one per development.
ii) Minimum area of commercial development to be entitled to a freeway visible
sign shall be 5 acres. Businesses identified on freeway visible signage shall be
limited to traveler oriented users such as gas stations, restaurants and hotels.
Other similar users may be approved by the Planning Commission.
iii) The minimum distance between any two freeway visible signs shall be 750
feet.
iv) The maximum height of any freeway visible sign shall be the minimum height
necessary to allow the sign to be visible from the freeway and in no event
shall the sign height exceed sixty (60) feet. Actual height to be determined by
the Architectural Review Commission as part of the sign review process.
Items to be considered in determining actual sign height shall be:
a) any obstacles (such as buildings, trees, overpass structures) between
the sign face and vehicles driving on the 1-10 freeway;
b) design and size of the sign base;
c) proportionality, color, texture.
v) Maximum sign face area permitted shall be based on the size of the
commercial development it serves.
Site from 5.0 acres to 9.99 acres =
Site from 10.0 acres to 24.99 acres =
Site of 25.0 acres or greater =
125 square feet
150 square feet
175 square feet
Maximum number of sign faces shall be two (2) which shall be oriented
east/west toward freeway traffic.
vi) Maximum number of businesses to be identified on any freeway visible sign
face shall be six (6). The A.R.C. may reduce the maximum number of
businesses to avoid clutter and/or lack of readability.
vii) Illuminated signs shall comply with the provisions of Section 25.68.490.
viii) In order to encourage recognition and legibility the maximum number of sign
colors as prescribed in Section 25.68.480 shall not apply.
ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs
or logos less than 16 inches may be approved by the A.R.C. if it is determined
to be legible from vehicles traveling on the 1-10 freeway.
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PLANNING COMMISSION RESOLUTION NO. 1786
DEFINITIONS
Restaurant, General. An eating establishment whose primary business is the sale of foods
and beverages to customers for their consumption within the restaurant or restaurant patio.
Customers are seated at tables or counters, are provided individual menus and are served
at tables or counters by restaurant employees. Food is served using nondisposable plates,
utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the
seating of customers. Carry -out food service is incidental to the primary purpose of
consumption of food in the restaurant.
OR
Restaurant means any use providing for the preparation, retail sale, and consumption on site
of food and beverages. Restaurants include, but are not limited to, cafes, .coffee shops,
sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars,
cocktail lounges, and places of businesses with similar uses. If any seating is provided in
conjunction with a store where there is the preparation and retail sale of food and
beverages, that use shall be classified as a restaurant. The term restaurant may include the
licensed sale of alcoholic beverages for consumption on the premises.
Restaurant, drive-thru. A restaurant with one or more automobile lanes which allow for the
ordering and dispensing of food and beverages to patrons who remain in their vehicles.
Car Wash. Any building or land or portions thereof used for the business of washing,
waxing or cleaning of automobiles or similar Tight vehicles
Convenience Store. A place of business for the sale of food, beverages and sundries from
a facility having less than 2500 square feet of gross floor area.
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CITY OF PALM DESERT
Case No. C/Z 97-2
L _3
B
4.
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RESOLUTION NO. 1786
Date February 18, 1997