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Home My WebLink AboutORD 1302ORDINANCE NO. 1302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.16.040, 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 WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 141h day of January, 2016, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15'h day of December, 2015, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert 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 25.16.040 "Specific Use Standards," 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, 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 said request: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California as follows: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety and welfare of the residents and businesses of Palm Desert within the City limits. ORDINANCE NO. 1302 SECTION 2. Amendment to the Palm Desert Municipal Code. The "Automobile and Vehicle Uses" portion of Table 25.16-1 found in Section 25.16.030 of the Palm Desert • 0 Municipal Code is amended as follows: Table 25.16-1: Use Matrix for Commercial and Industrial Districts Cp ercialllndustrial District w=Parntted; Ar= �tm hlistativesePermit; Special Use C = Conditional Uie Permit; N = Not Provisions Permitted OP C-1 PC- PC- PC- PC- SI PI F1 1 2 3 4 Automobile and Vehicle Uses Automotive rental agency N P N N N P P N Automotive gasoline station N C N C C N C N Automotive service facility N C N C C N P P Automotive sales new and used N N N N N N C N (Outdoor / Indoor) Automotive sales of accessory parts and supplies N P N P P N N N Vehicle storage facility N N N N N N P P 25.16.040(I) SECTION 3. Amendment to the Palm Desert Municipal Code. Section 25.16.040, subsection (1) of the Palm Desert Municipal Code is hereby amended to read as follows: .1. Vehicle storage facility. All vehicles stored at any vehicle storage facility shall be completely screened." SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.070, subsection (B) of the Palm Desert Municipal Code is hereby amended to add subsection 10 as follows: "B. Conditional uses. Uses permitted by approved conditional use permit shall be as follows: 1. Restaurants, general, including 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. Hotel. 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. one Automotive sales new and used (Outdoor/Indoor)." C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\9XHLIHFC\Final Auto Sales Ord- CC.doc ORDINANCE NO. 1302 SECTION 5. Amendments to the Palm Desert Municipal Code. The following definitions are hereby added to Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" in alphabetical order: "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." "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 sales new and used (Outdoor/Indoor). A service industrial establishment 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.. 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. A retail establishment that sells only new automobile parts, tires, and accessories. These uses do not include any type of vehicle repair, battery replacement, service bays, oil changes, or tire recapping establishments." "Automotive service facility. 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." "Vehicle storage facility. A facility to store operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling." C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\9XHLIHFC\Final Auto Sales Ord- CC.doc ORDINANCE NO. 1302 SECTION 6. Amendments to the Palm Desert Municipal Code. The following definitions are hereby removed from Palm Desert Municipal Code Section 25.99.020 "Land ORM Use Definitions": "Automotive sales and rentals. A retail establishment for the display, sales, or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and/or boats." "Automotive service station. A retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and fulfilling of motorist needs." "Vehicle service and storage facility. 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. In addition, this use includes the storage of operative or inoperative vehicles. These uses include storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling." SECTION 7. Severability. If any provision of this ordinance or the application ...., thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION B. Publication. 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 effect thirty (30) days after its adoption. pow C:\Users\gsanchezWppData\LocaRMicrosoft\Windows\Temporary Intemet Files\Content.Outlook\9XHLIHFC\Final Auto Sales Ord- CC.doc ORDINANCE NO. 1302 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 28 th day of January, 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE Ale) 444Y— .Q. �.F ATTEST: G;2 e_— RA LLE D. KLAS N, ITY CLERK CITY OF PALM DESERT, CALIFORNIA C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHL1HFC\Final Auto Sales Ord- CC.doc