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Home My WebLink AboutRes No 2660PLANNING COMMISSION RESOLUTION NO. 2660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY CASE NO: ZOA 15-350 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of December, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, establishing an Ordinance to allow new and used outdoor automotive sales within the service industrial and the freeway commercial overlay zoning districts; all subject to a Conditional Use Permit, and other modifications to auto uses will expand the City's business portfolio and will increase the City's sales tax, create additional jobs, and provide a different type of product to consumers; and WHEREAS, amendments to Section 25.16.030 "Allowed Land Uses," Section 25.28.070 "Freeway Commercial Overlay District," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect the way the City views automotive uses throughout the City; 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. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration in accordance 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: 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 Zoning Ordinance Amendment 15-350 as proposed. PLANNING COMMISSION RESOLUTION NO. 2660 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15th day of December 2015, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE KEN L D LL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION G:\Planning\Monica OReilly\Planning Commission \2015\Resolutions\Res. No. 2660 ZOA 15-350 Auto Sales.docx 2 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "A" Section 25.16.030 — Allowed Land Uses and Permit Requirements This section is Table 25.16-1, which is a matrix for commercial and industrial districts and identifies allowed uses. Use regulations within the table are shown with representative symbols by the classifying use. Below is the current table within the zoning code. Automobile and Vehicle Uses OP C-1 PC-1 PC-2 PC-3 PC-4 SI P1 Automotive rental agency N P NNNPPN Automotive service station N C NCCNCN Vehicle service and storage facility N N N N N N PP 25.16.040.1 Below is the proposed Table 25.16-1, which coincides with the descriptions, described in the staff report. Automobile and Vehicle Uses OP C-1 PC-1 PC-2 PC-3 PC-4 SI PI Automotive rental agency N P NNNPPN Automotive gasoline station N C NCCNCN Vehicle service N C N CC NPP Automotive sales new and used (Outdoor / Indoor) N N NNNNCN Automotive sales of accessory parts and supplies N P NPPNNN Storage facility N N N N N N P P 25.16.040.1 G:\Planning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2660 ZOA 15-350 Auto Sales.docx 3 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "B" Section 25.28.070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOZ) are proposed to add automotive outdoor sales new and used under "Conditional uses."Currently, the "Conditional Uses" are listed below. Below is the proposed amendment. Staff has added "Automotive outdoor sales new and used" as No. 10. B. Conditional uses. Uses permitted by an approved CUP are as follows. 1. Restaurants, general, include drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive outdoor sales new and used. G:\Planning\Monica OReilly\Planning Commission \2015\Resolutions \Res. No. 2660 ZOA 15-350 Auto Sales.docx 4 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "C" Section 25.99.020 — Land Use Definitions "Automotive rental agency" A retail establishment for the display, or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats. "Automotive outdoor sales new and used" Automobile, mobile home, and motor vehicle sales means service industrial establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, (golf carts, snowmobile and jet skis, which are included under "Retail Services"). The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. "Automotive sales of accessory parts and supplies" Automobile parts sales means stores only selling new automobile parts, tires, and accessories. These uses do not include any type of service bays, vehicle repair, battery replacement, service bays, oil changes, and tire recapping establishments. "Automotive gasoline station" A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. The use may also include mini -markets and other food sales, accessory towing and trailer rental services. These uses do not include the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. "Vehicle service" A facility to repair and/or store vehicles. It includes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping. "Storage facility" These uses include the storage of operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling. G:\Planning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2660 ZOA 15-350 Auto Sales.docx 5