HomeMy WebLinkAboutOrd 1087 - ZOA 04-03 - PDMC 25.34.030 - Outdoor Sales of Arts Crafts Clothing Good Ware and OtherCITY COUNCIL ORDINANCE NO: 1087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION: "OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS, the City Councilof the City of Palm Desert, California, did on the 18th day
of November, 2004, hold a duly noticed public hearing to consider the request of the City of
Palm Desert, for approval of the above noted zoning ordinance amendment; 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. 02-60," in that the Director of Community Development has determined that the project
is a Class 32 categorical exemption for purposes of CEQA and no further documentation is
necessary; 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 justify approval of said zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
3. That the Zoning 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,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That the City Council approval of a Zoning Ordinance text amendment as
provided in the attached Exhibit "A."
CITY COUNCIL ORDINANCE NO: 1°87
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Ctiy
Council this 18th day of November, 2004, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
Palm Desert City Council
CITY COUNCIL ORDINANCE NO: 1087
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise.
CITY Of PD[ l DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
FAX: 760 341-7098
info@palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider an amendment to the Zoning Ordinance to add the following provision to
Chapter 25.34.030 (Conditional Uses) of the Service Industrial Zone, "Outdoor sales of arts,
crafts, clothing, goods, wares and other merchandise."
SAID public hearing will be held on Thursday, November 18, 2004, at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard. Written
comments concerning all items covered by this public hearing notice shall be accepted up to the
date of the hearing. Information conceming the proposed project and/or negative declaration is
available for review in the Department of Community Development at the above address
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the
proposed actions in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the
City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, Secretary
November 5, 2004 Palm Desert City Council
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: October 19, 2004
CASE NO: ZOA 04-03
REQUEST: Approval of a zoning ordinance amendment, Chapter25.34.030 (Conditional
Uses), to add the following provision: "Outdoor sales of arts, crafts, clothing,
goods, wares and other merchandise.
APPLICANT: City of Palm Desert
I. BACKGROUND:
At the meeting of October 5th, 2004 the Planning Commission was asked to review a
Miscellaneous/Determination of Use Not Listed regarding conditional uses of the Service
Industrial Zone (S.I.). It was determined by the Commission that the following provision
should be added to conditional uses for the S.I. zone,"the outdoor sales of arts, crafts,
clothing, goods, wares and other merchandise." The Commissions determination was that
there are uses within the S.I. zone that are similar to that of the City's many commercial
zones. This provision is listed under conditional uses for all of the City's various commercial
zones. The Commission also initiated the Zoning Ordinance Amendment to add the
provision to the Service Industrial Zone.
We are also in receipt of an application fora Conditional Use Permit to allowthe permanent
display of artwork for sale outside of existing suites at The Art Place, 41-801 Corporate
Way. That application will be processed concurrent with this item.
The enclosed amendment, if approved, will add the following provision to section 25.34.030
(Conditional Uses), "Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise." Through the CUP process the Planning Commission will determine the
appropriateness of each application.
STAFF REPORT
CASE NO. ZOA 04-01
SEPTEMBER 7, 2004
IV. RECOMMENDATION:
That Planning Commission recommend to City Council approval of Case No. ZOA 04-03
by adoption of the Planning Commission Resolution attached hereto.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Planning Commission minutes of October 5th, 2004
D. Exhibits
Prepared by:
Reviewed and Approved by:
Ryan Stendell PhD Drell
Planning Technician
Review - d Concur:
Homer Croy
ACM for Develop
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nt Services
2
Director of Community Development
:ITY Of
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
FAX: 760 341-6372
info@palm-desert. org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: October 20, 2004
City of Palm Desert
Re: ZOA 04-03
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its regular meeting of October 19, 2004:
PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF
CASE NO. ZOA 04-03 BY ADOPTION OF PLANNING COMMISSION
RESOLUTION NO. 2298. MOTION CARRIED 3-0 (COMMISSIONERS
CAMPBELL AND FINERTY ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Philip Drell, Secretary �\
Palm Desert Planning Commission
/t m
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
PRINTED DN RECYCLED PAPER
PLANNING COMMISSION RESOLUTION NO. 2298
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A ZONING
ORDINANCE AMENDMENT TO CHAPTER 25.34.030,
ADDING THE FOLLOWING PROVISION: "OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES AND
OTHER MERCHANDISE."
CASE NO. ZOA 04-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of October, 2004, hold a duly noticed public hearing to consider the request
of Ted Rutherford/The Art Place, for approval of the above noted zoning ordinance
amendment; 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. 02-60," in that the Director of Community Development has determined that
the project is a Class 32 categorical exemption for purposes of CEQA and no further
documentation is necessary; 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 Planning Commission
did find the following facts and reasons to exist to justify recommending approval of said
zoning ordinance amendment:
FINDINGS FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT:
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.
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Planning Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2298
2. That the Planning Commission does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A"
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit:
AYES: LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, FINERTY
ABSTAIN: NONE
ATTEST:
,at
PHILIP DRELL,ISecretary
Palm Desert Planning Commission
2
SABB
, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2298
EXHIBIT "A"
Section 1:
That the following provision be added to Section 25.34.030:
E. Outdoor sales of arts, crafts, clothing, goods, wares and other
merchandise.
3