HomeMy WebLinkAboutRes No 2524PLANNING COMMISSION RESOLUTION NO. 2524
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. 2524
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: DELUNA, SCHMIDT, LIMONT
NOES: CAMPBELL, TANNER
ABSENT: NONE
ABSTAIN: NONE
CONNOR LIMONT, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2524
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.
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PLANNING COMMISSION RESOLUTION NO. 2524
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, independent massage
establishments, 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, excluding
cigarettes. 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).
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PLANNING COMMISSION RESOLUTION NO. 2524
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 any 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.
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