HomeMy WebLinkAboutORD 1221ORDINANCE NO. 1221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER
25.30 ALLOWING SUPERMARKETS NOT EXCEEDING 60,000 GROSS
SQUARE FEET AS A CONDITIONAL USE IN THE REGIONAL
COMMERCIAL PC(3) ZONE.
CASE NO. ZOA 10-228
WHEREAS, the City Council of the City of Palm Desert, California, did on the
121h day of May, 2011, hold a duly noticed public hearing to consider modification to
Chapter 25.30 of the Palm Desert Municipal Code; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
14th day of April, 2011, hold a duly noticed public hearing to consider modification to
Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
10th day of March, 2011, hold a duly noticed public hearing to consider modification to
Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the
24th day of February, 2011, hold a duly noticed public hearing to consider modification
to Chapter 25.30 of the Palm Desert Municipal Code, and continued the above noted;
and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1 st day of February, 2011, hold a duly noticed public hearing to consider the request by
Vons, and recommended approval to the City Council of the above noted; 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. 10-26, and the Director of Community Development has determined that
the proposed revision to the Health and Safety Code is not a project as defined under
CEQA and no further environmental review is necessary; 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 justify approval of the said
amendments:
1. The proposed text amendment would update and modernize this portion of the
City Zoning Ordinance, adapting to the evolving needs of the neighborhood
commercial and, more specifically, the supermarkets.
ORDINANCE NO. 1221
2. While there will continue to be a place for the specialty neighborhood -oriented
markets, including such businesses as Bristol Farms, Trader Joe's and Jensen's,
such supermarkets as Vons provide scale, affordability and diversity of customer
products that is especially appropriate for this location.
3. By increasing the maximum allowable size of supermarkets to 60,000 square
feet, the City will be able to better serve its residents and assure that these
businesses can compete in coming years.
4. The nature of the proposed Vons and supermarket size limit is compatible with
surrounding land uses, is a part of and complements and supports the existing
commercial center, and provides residences in walkable proximity to
neighborhood commercial services.
5. The proposed project addresses a current need of the City and vicinity in that it
allows Vons to continue to occupy space in the community in a currently vacant
building that provides the space needed by modern supermarkets. It will also
have important direct and indirect impacts on City revenues by generating retail
sales and enhancing the sales potential of the existing and future Waring Plaza
businesses.
Therefore, for these reasons, the amendments to the municipal code are deemed by the
City Council to be necessary.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the above recitations are true and correct and constitute the
findings of the City Council on this matter.
SECTION 2: Palm Desert Municipal Code Chapter 25.30 is hereby amended
and restated as described in Exhibit A, respectively, attached
hereto.
SECTION 3: That 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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ORDINANCE NO. 1221
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 25th
day of August , 2011, by the following vote to wit:
AYES: FINERTY, HARNIK, KROONEN, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4&
JEAN M. BENSON, ayor
ATTEST:
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RA HELLE D. KLASS , City Cler
City of Palm Desert, California
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ORDINANCE NO. 1221
EXHIBIT "A"
SECTION 1
That Section 25.30.020E 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 60,000 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:
A. 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.
B. A "supermarket" as defined in Section 25.04.797 having 60,001 gross
square feet or more shall be a prohibited use in the PC(3) zone.
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