HomeMy WebLinkAboutORD 1108ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AN AMENDMENT TO ZONING ORDINANCE
CHAPTER 25.30 RELATING TO SUPERMARKETS HAVING 50,000 SQUARE
FEET OR LESS IN THE PC(3) ZONE.
CASE NO. ZOA 05-04
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of
January, 2006, hold a duly noticed public hearing to consider the amendment to the zoning
ordinance as described above; and
WHEREAS, the Planning Commission reviewed the matter on December 6, 2005 and
has recommended approval by adoption of its Resolution No. 2367; 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. 05-52," in that the Director of Community Development has determined the amendment 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 City Council did find the
following facts and reasons to exist to approve the zoning ordinance text amendment:
1. The proposed amendment relating to supermarkets having 50,000 gross square
feet or less in the PC(3) zone is consistent with the intent of the zoning ordinance
and protects the community health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That it does hereby approve Case No. ZOA 05-04 as provided in the attached
exhibit labeled Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 26th day of January, 2006, by the following vote, to wit:
AYES: BENSON, CRITES, SPIEGEL, and
NOES: NONE
ABSENT: FERGUSON
ABSTAIN.:. NONE ,
ATTI=ST:
RA Z HELLE D. KLA SEN, ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
All
D S. KELLY, MAYOR PRO TEM
ORDINANCE NO. 1108
EXHIBIT "A"
SECTION 1
That Section 25.30.02013 be and the same is hereby amended to read as follows:
B. Regional center (PC-3):
Such uses include, but are not limited to, supermarkets less than 50,000 gross
square feet, department stores, banks, variety stores, professional offices, restaurants,
except drive-in or drive -through, and general retail uses, amusement and recreation
establishments including, but not limited to, theater and amusement arcades.
1. All businesses presently having five or more mechanical or
electronic games shall either apply for a conditional use within six months of the date of
the ordinance codified in this subsection, or reduce the number of said games to four.
2. If the applicant is refused a conditional use permit, the individual
shall reduce the number of games to four within sixty days of denial of permit request.
SECTION 2
That Section 25.30.026 be and the same is hereby amended to read as follows:
25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020
and 25.30.025 is prohibited when such parcel contains any hillside area as set forth in
Section 25.26.020. (Ord. 428 s2 (part), 1985).
A "supermarket" as defined in Section 25.04.797 having 50,001 -gross square
feet or more shall be a prohibited use in the PC(3) zone.
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