HomeMy WebLinkAboutORD 1322ORDINANCE NO. 1322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO
REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC
USE STANDARDS" FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO
ALLOW DRIVE -THROUGH RESTAURANTS ON ARTERIAL STREETS WITH
A FREEWAY INTERCHANGE OR (PLANNED INTERCHANGE)
CASE NO: ZOA 17-028
WHEREAS, Lumar Devco, LLC submitted a Zoning Ordinance Amendment (ZOA)
application for a proposed drive -through restaurant as part of Case No. PP 16-303; and
WHEREAS, the Palm Desert Municipal Code (PDMC) Section 25.16.040H states
that "with the exception of the Freeway Commercial Overlay, drive-in and drive -through
[restaurant] facilities are prohibited;" and
WHEREAS, the 2016 updated General Plan incorporates Policy 2.10 "Auto -oriented
uses" that directs staff to "consider uses that serve occupants of vehicles (such as drive -
through windows) and discourage uses that serve the vehicle (such as car washes and
service stations), in places that are clearly automobile oriented, ensuring that such uses do
not disrupt pedestrian flow, are not concentrated, do not break up the building mass of the
streetscape, and are compatible with the planned uses of the area;" and
WHEREAS, expanding the locations in which drive -through restaurants are
permitted is consistent with the General Plan policy because the land use is only applied to
areas that are clearly vehicle -oriented and is not applicable to the city center; and
WHEREAS, staff has prepared a ZOA to expand the locations where drive -through
restaurant facilities may be permitted (through approval of a CUP) in accordance with Policy
2.10 of the updated General Plan; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 sc day of March, 2017, hold a duly noticed public hearing to consider the request by
Lumar Devco, LLC, for approval of the above noted ZOA, and did recommend approval of
said request to the City Council by its Resolution No. 2691; and
WHEREAS, the Planning Commission determined it appropriate to expand the
locations where drive -through restaurants may be permitted to include limited areas located
on arterials with a freeway interchange or planned interchange as further defined in
Resolution No. 2691 Exhibit "A" and its attachment; and
WHEREAS, the adoption of the proposed amendment (which provides for only text
changes) has no potential to cause a significant adverse impact on the environment and
therefore meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3) which
states "that if an activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment and where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA;" and
ORDINANCE NO.1322
WHEREAS, said application has complied with the requirements of the "City of Palm „M
Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, and the Director of Community Development has determined that
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the action to adopt said ZOA will not have a negative impact on the environment. Individual
development proposals that will utilize the Conditional Use Permit (CUP) process will
undergo additional environmental and CEQA review as part of the CUP process prior to any
development associated with the CUP; and
WHEREAS, at said public hearing on the 13th day of April 2017, City Council heard
and considered all testimony and arguments of interested persons regarding the request by
Lumar Devco, LLC, for approval of ZOA 17-051; and
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 for
approval of the City Council in this case.
2. That the City Council does hereby recommend approval of Zoning Ordinance
Amendment 17-028.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 271th day of April, 2017 by the
following vote, to wit: 'm
AYES: JONATHAN, KELLY, WEBER, and HARNIK .r
NOES: NESTANDE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA ELLE D. KLASSEN, CI LERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
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ORDINANCE NO. 1322
EXHIBIT A
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1
(Use Matrix for Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same
site as a permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and
maintained to be compatible with the permitted or the approved conditional uses in the
vicinity.
C. Commercial communication tower. All communication towers and
antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower
and Antenna Regulations).
D. Adult entertainment. All uses defined as adult entertainment are required
to meet the provisions established by Section 25.34.110 (Adult Entertainment
Establishments).
E. Commercial (ancillary). Applicable only to office complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60,000 square feet
in PC-3.
G. Medical services, accessory. Permitted only when ancillary to and in
conjunction with the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a
conditional use permit as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On the following streets and as indicated in Figure 25.10-2:
Monterey Avenue and Portola Avenue from the northern city boundary to the
north side of Gerald Ford Drive.
2. Development standards.
i. Drive -through lanes and window facilities shall be designed in a
manner that they are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened and/or
not visible from surrounding public streets.
I. Vehicle storage facility. All vehicles stored at any vehicle storage facility
shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013)