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Home My WebLink AboutORD 791ORDINANCE NO. 791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ZONING ORDINANCE AMENDMENT TO ALLOW, BY CONDITIONAL USE PERMIT, SECOND FLOOR RESIDENTIAL USES WITHIN THE GENERAL COMMERCIAL (C-1), PLANNED COMMERCIAL (PC) AND OFFICE PROFESSIONAL (OP) ZONES. CASE NO. ZOA 95-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of December, 1995, hold a duly noticed public hearing to consider a Negative Declaration of Environmental Impact and Zoning Ordinance Amendment to allow, by conditional use permit, second floor residential uses within the General Commercial (C-1), Planned Commercial (PC) and Office Professional (OP) zones; and WHEREAS, the Planning Commission, by adoption of its Resolution No. 1715, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 95-105," in that the director of community development has determined the project will not have a significant adverse impact and a negative declaration of environmental impact has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan and applicable specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2. That a Negative Declaration of Environmental Impact, attached hereto as Exhibit "A", and Zoning Ordinance Amendment 95-2, attached hereto as Exhibit "B", are hereby approved. ORDINANCE NO. 791 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this llth day of January, 1996, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE /? WALTER j}+. SNYDER, Maydy ATT $T : City of Palm Deser ity Clerk , California 2 ORDINANCE NO. 791 EXHIBIT A Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NO: ZOA 95-2 APPLICANT/PROJECT SPONSOR: Denise Roberge 73-520 E1 Paseo Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Zoning Ordinance Amendment to allow, by conditional use permit, second floor residential uses within the General Commercial (C-1), Planned Commercial (PC) and Office Professional (OP) zones. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. y )AL" January 11, 1996 PHILIP/DRELL DATE ACTING DIRECTOR OF COMMUNITY DEVELOPMENT 3 ORDINANCE NO. 791 EXHIBIT B C-1 ZONE 25.28.030 Conditional Uses. M. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. PC ZONE 25.30.020 Uses permitted by approved precise plan or conditional use permit. The following uses are permitted upon approval. A. District commercial center (PC2): Such uses include but are not limited to supermarket, professional offices, variety store, drugstore, banks, hotels, and restaurants, except drive-in or drive -through amusement and recreation establishments including but not limited to theater and amusement arcades. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of said games to four within sixty days of denial of permit request. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. B. Regional center (PC3): Such uses include but are not limited to supermarkets less than twenty thousand gross square feet, department stores, banks, variety stores, professional offices, restaurants, except drive-in or drive -through, and general retail uses, amusement and recreation establishments including but not limited to theater and amusement arcades. 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six 4 ORDINANCE NO. 791 months of the date of the ordinance codified in this subsection, or reduce the number of said games to four. 2. If the applicant is refused a conditional use permit, the individual shall reduce the number of games to four within sixty days of denial of permit request. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. C. Resort center (PC4): Hotels, restaurants, except drive-in or drive -through, entertainment facilities and related commercial uses. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. D. Specialty commercial center (PC1): Medical related offices and research facilities, hotel facilities, and ancillary convenience commercial uses. As a conditional use residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. OFFICE PROFESSIONAL ZONE 25.25.014 Permitted uses subject to conditional use permit. H. Residential dwelling units located above the first floor designed and maintained to be compatible with the permitted or approved conditional uses on the first floor or in the vicinity. 9