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Home My WebLink AboutORD 1350AORDINANCE NO. 1350A aw AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE USES ON THE GROUND FLOOR FRONTING EL PASEO, SUBJECT TO A CONDITIONAL USE PERMIT; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0002 WHEREAS, the City Council of the City of Palm Desert, California, did on the 10'h day of October 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and approved the above noted; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h day of June 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and continued the case; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 281h day of March 2019, hold a duly noticed public hearing to consider the request by the City of Own Palm Desert and continued the case; and WHEREAS, establishing an Ordinance to allow office professional uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The Zoning Ordinance Amendment (ZOA) requires the approval of a Conditional Use Permit (CUP); and WHEREAS, the City's overall goal is for El Paseo to remain a high -end luxury, pedestrian -friendly street while allowing a limited amount of storefront office uses that complement the pedestrian corridor. WHEREAS, the City Council of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings of approval of the Zoning Ordinance Amendment: SECTION 1. Findings. The City Council of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to address land use designations and property regulations for development. mom C. The Planning and Zoning Laws require cities to make General Plan and Zoning ", standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance bring the documents into conformity with the adopted General Plan. ORDINANCE NO. 1350A SECTION 2. Zoning Ordinance Amendment. The City Council of the City of Palm Desert approves and adopts the amendments shown in Exhibit "A" and Exhibit "B" which are attached hereto and incorporated herewith. 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 which ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The City Council of the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of allowing office uses will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 24th day of October 2019, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUSAN MARIE WEBER, MAYOR ATTEST: RAINELLE D. KLASSECITY CLERK CITY OF PALM DESERT, CALIFORNIA G 1CityOrklGiona Sanchez\Ord 1350A - ZOA Ord Office Uses doc ORDINANCE NO. 1350A Mwft Exhibit "A" am 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and services (including barbering and ONO cosmetology). 10. Restaurants. .." 11. Sundries shops (general merchandise). C. Conditional uses. The Planning Commission may, by a Conditional Use Permit, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. The City's overall goal is for El Paseo to remain a high -end luxury, pedestrian -friendly street while allowing a limited amount of storefront office uses that complement the pedestrian corridor. As part of the CUP review process, staff and the Planning Commission will review each office use proposal and make findings based on the following: (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013). Type of office uses. The Planning Commission will be reviewing the type of office uses on how they energize/engage interest along the street, and enhance its primary use as a retail/entertainment center. 2. Locations. The Planning Commission will review/analyze the locations based on the following. Corner properties preserve them for large storefronts. — The overall goal for corner properties is to restaurants with patio spaces and retail uses with Density — The Planning Commission shall review each application to preserve El Paseo as a retail district. GACityClrk\Glona Sanchez\Ord 1350A - ZOA Ord Office Uses.doc ORDINANCE NO. 1350A • Abut/neighbor one another — The overall goal is not to have large consecutive building storefronts of office spaces. Exhibit "B" 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) change Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage" to, "Office professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." 31 GACityClrk\Glona Sanchez\Ord 1350A - ZOA Ord Office Uses doc