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HomeMy WebLinkAboutORD 271ORDINANCE NO. 271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO CHAPTER 25.28 CONCERNING PROVISIONS FOR SEATING FOR RESTAURANTS AND RETAIL FOOD STORES. CASE NO. ZOA 09-81 WHEREAS, the City Council of the City of Palm Desert, California did on the 24th day of September, 1981, hold a duly noticed Public Hearing to consider an amendment of the Zoning Ordinance pertaining to Chapter 25.28, concerning seating for restaurants and retail food stores; and, WHEREAS, the Planning Commission, by Resolution No. 736 has recommended approval; and, i WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve a Zoning Ordinance Text Amendment: 1. That the Zoning Ordinance Amendment is cons!stent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That theZoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.28. 3. That said Negative Declaration is hereby approved. 4. The City Clerk is directed to publish this ordinance once in the•Palm Desert Post, a newspaper of general circulation, published.and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of October 1981 by the following vote, to wit: AYES: McPherson, NOES: Newbrander ABSENT: None ABSTAIN: None Puluqi, Snyder & Wilson i ATTEST: SHEILA R. G LIGAN, y C er City of Palm Desert,qalifornia / r VRO ILSON, Ma r CITY COUNCIL ORDINANCE NO. 271 PAGE TWO EXHIBIT "A" 1. Section 25.28.150 SHALL READ AS FOLLOWS: 25.28.150 Outdoor Seating - Restaurants. A restaurant shall be entitled to use tables within an outdoor patio for food service purposes without the provision of additional parking spaces based upon a ratio of one outdoor table per five indoor tables up to a total of three outdoor tables or a maximum seating capacity of twelve. The addition of more than three tables will be deemed an expansion of the use requiring a conditional use permit or amendment. The location of outdoor tables shall meet all health, safety and fire codes. 2. Section 25.28.160 SHALL READ AS FOLLOWS: 25.28.160 Outdoor Seating - Commercial Center. A commercial center may provide tables, chairs and sunshades within a common area for use by the general public without the pro- vision of extra parking. These tables may not be reserved or associated with any particular business within the center. Their location must meet all applicable health, safety and fire codes. 3. Section 25.2F.170 SHALL READ AS FOLLOWS: 25.28.170 Incidental Seating. A takeout restaurant or retail food store under 2,000 square feet gross floor area which sells prepared food shall be entitled to two (2) serving tables or a maximum seating capacity of eight (8) without reclassification as a restaurant for zoning purposes. These tables may be located indoors or in an outdoor patio. When three or more tables are provided, the use shall be deemed a restaurant and a conditional use permit must be obtained.