HomeMy WebLinkAboutORD 827ORDINANCE NO. 827
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ORDINANCE TO CREATE A
FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT.
CASE NOS. ZOA 97-1 AND C/Z 97-2
WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of
March, 1997, hold a duly noticed public hearing to consider approval of an ordinance to
create a freeway commercial overlay district; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance
to create a Freeway Commercial Overlay Zone District; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 97-18," in that the Director of Community Development has determined the ordinance
to be a Class 5 Categorical Exemption; and
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 the ordinance:
The proposed ordinance to create a Freeway Commercial Overlay Zone District
is consistent with the intent of the General Plan and will protect the
community health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
as follows:
Section 1: That it does hereby approve a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A", to create Municipal Code Chapter
25.108 et. al. - The Freeway Commercial Overlay Zone District.
Section 2: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the
Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is
hereby amended to read as shown on the attached Exhibit "B."
Section 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 the same shall be in full
force and effect thirty (30) days after its adoption.
ORDINANCE NO. 827
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 24th day of April, 1997, by the following vote, to wit:
AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AT' , T:
;ASH ILA R GKLIGAN, City Clerk
City of Palm Desert, C I rnia
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ORDINANCE NO. 827
EXHIBIT "A"
FREEWAY COMMERCIAL OVERLAY
ZONE DISTRICT
25.108.010 Purpose.
The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional
standards and incentives for the development of a variety of commercial uses.
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 only permitted in the FCOZ the project must utilize
FCOZ standards.
25.108.020 Conditional Uses.
Uses permitted by approved Conditional Use Permit shall be as follows:
1) restaurants general including drive-thru restaurants
ii) automobile service stations without regard to the required separation distance
provisions per M.C. Section 25.56.330
iii) convenience stores
iv) car wash
v) combinations of two or more of the above uses
vi) hotels
vii) commercial recreation and amusement establishments
viii) mini warehouses
ix) outdoor recreational vehicle and boat storage
25.108.030 Development Standards.
Projects proposed under this chapter shall be master planned and the master plan
shall be approved by the planning commission prior to any construction activity.
Development of individual projects within the approved master plan shall be
processed through the precise plan process.
Property to be master planned shall be at least five (5) acres in size and shall have
frontage on a designated arterial street.
Drive -up lanes and window facilities shall be designed so as to not be visible from an
arterial street.
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ORDINANCE NO. 827
Development standards shall generally be flexible to insure efficient site planning and
to foster the creation of attractive developments.
Automobile service stations shall comply with the requirements of M.C. Section
25.56.340 thru 25.56.410 in addition to the following:
a) Required On -Site Parking:
The required number of parking spaces for a combined development shall be
cumulative for all proposed uses. Planning 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 planning commission may
increase the number of parking spaces required.
Automobile Service Station (no service bays) 5 spaces
Automobile Service Station (with service bays) 4 spaces/bay
Convenience Store 1 space per 250 sq. ft.
of GFA/Min. 10 spaces
Car Wash 16 spaces
Restaurant, general See M.C. Section 25.58.310
Restaurant, drive through See Restaurant, general plus at
least 7 spaces in drive -through
lane
Hotel See M.C. Section 25.58.310
b) Setbacks:
Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations
pursuant to M.C. Section 25.56.350 et al.
c) Landscaping:
All master planned projects approved through the FCOZ process shall provide a
minimum of at least thirty percent (30%) landscaped open space, of which at least
half of the common usable public space which can include picnic area, a dog park,
a kids land, as well as landscaped setback areas. With a showing of good cause, the
planning commission may decrease the minimum landscaped open space requirement.
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