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HomeMy WebLinkAboutORD 1303ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA REPEALING PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPTING A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE - CASE NO. 15-03 WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 28th 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 1st 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, the City Council of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plans" of the Palm Desert Municipal Code creates a redundant application process already covered by the City's Precise Plan application process; and WHEREAS, an Ordinance to establish a process for Specific Plans is supported by State Government Code Title 7 — "Planning and Land Use", Chapter 3, Article 1 — "Local Planning", sections 65450 — 65457 — "Specific Plans", which allow local legislative bodies to carry out planning functions within their jurisdictional boundaries; and WHEREAS, the City Council of the City of Palm Desert, California, wishes to establish a Specific Plan Ordinance to provide proper tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect the changes proposed in the Specific Plan Ordinance; 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. 1303 SECTION 2. Repeal of Palm Desert Municipal Code Section _25.72.040 one "Development Plans". SECTION 3. Adoption of a Specific Plan Ordinance as Palm Desert Municipal Code Section 25.78.080 "Specific Plans". Section 25.78.080, of the Palm Desert Municipal Code is hereby adopted to read as follows: 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with gum zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. -� C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHLIHFC\City Council Ordinance.doc ORDINANCE NO. 1303 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.060, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.060 Planned Community Development Overlay District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. Specific plan approval, as outlined in Section 25.78.080, is required for -the development of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 10 acres shall be required for a planned community development. 2. Specific plan required. Any application for the development of a parcel(s) in the PCD overlay zone shall be accompanied by a specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHL1HFC\City Council Ordinance.doc ORDINANCE NO. 1303 SECTION 5. Amendments to the Palm Desert Municipal Code. Section 25.28.070, of the Palm Desert Municipal Code is hereby amended to read as follows: •no 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses ePJY conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit are 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. 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 sales new and used (Outdoor/Indoor). C. Development standards. Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: 1. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 2. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 3. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 4. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. C:\Users\gsanchez\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\9XHLIHFC\City Council Ordinance.doc ORDINANCE NO. 1303 D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. SECTION 6. Amendments to the Palm Desert Municipal Code. Section 25.60.060, subsection A, of the Palm Desert Municipal Code is hereby amended to read as follows: A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. SECTION 7. Amendments to the Palm Desert Municipal Code. The following definitions are hereby amended in the Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" in alphabetical order: "Planned Development." A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. "Planned Unit Development industrial." A development of industrial parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Planned Unit Development residential." A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1303 - Case 15-03 Specific Plan.doc ORDINANCE NO. 1303 "Specific Plan." A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development ••+ standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the state. M SECTION 8. 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 9. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11th day of February, 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE Aa ROBERT A. SPIEG L, R ATTEST: r MW — dp�V MIA 0-- 1[ --7 - a'C-1 ( (;� GACityClrk\Gloria Sanchez\ORDINANCES\Ord No. 1303 - Case 15-03 Specific Plan.doc