HomeMy WebLinkAboutOrd 1108 ZOA 05-04 Allow Supermarkets Not Exceed 50000 Gross Square FeetCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of an amendment to Zoning Ordinance Chapter 25.30 to allow
"supermarkets" not exceeding 50,000 gross square feet as conditional uses
in the Regional Commercial PC(3) zone.
SUBMITTED BY: Steve Smith, Planning Manager
APPLICANT: City of Palm Desert
CASE NO: ZOA 05-04
DATE: January 12, 2006
CONTENTS:
Staff Recommendation
Background and Discussion
Draft Ordinance No. 1108
Planning Commission Minutes involving Case No. ZOA 05-04
Planning Commission Resolution No. 2367
Planning Commission Staff Report dated December 6, 2005
Staff Recommendation:
That the City Council adopt the findings to approve Case No. ZOA 05-04 and pass
Ordinance No. 1108 onto second reading.
Background and Discussion:
During the 1990 processing of the DSL Service Company's Mervyn's proposal at Fred
Waring and Highway 111, the matter of an Albertson's supermarket became an issue.
In response to concerns about the impacts of supermarket loading areas and operating
hours on adjacent residential neighborhoods, a code amendment was processed limiting
the size of supermarkets in the PC(3) zone.
Specifically, on February 28, 1991 the City Council adopted Ordinance No. 636 prohibiting
supermarkets in excess of 20,000 gross square feet in the PC(3) (regional commercial)
zone district. This amendment prevented general supermarkets from locating in the PC(3)
zone while allowing specialty food stores like Trader Joe's.
Staff Report
Case No. ZOA 05-04
Page 2
January 12, 2006
Staff has become aware of several prospective vacancies of large tenant spaces in the
PC(3) zone. Concurrently we have been approached by representatives of several specialty
food stores interested in locating in these prospective vacant spaces.
ANALYSIS
The typical supermarket has grown considerably since Ordinance No. 636 was adopted to
the point where most are now in the 70,000+ square foot range.
Specialty food stores like Trader Joe's, Bristol Farms, Whole Foods, etc., have also seen
their sizes increase to the 40,000 to 50,000 square foot range.
The proposed amendment would allow the smaller specialty food stores to locate in the
PC(3) zone as a conditional use while still prohibiting the typical supermarket. Applications
could be evaluated on a case by case basis to determine compatibility.
On December 6, 2005 the Planning Commission reviewed the matter and recommended
approval to the City Council on a 5-0 vote.
CEQA REVIEW
This amendment to the Zoning Ordinance is a Class 5 Categorical Exemption for the
purposes of CEQA. No further documentation is necessary.
Submitted by:
Steve Smith
Planning Manager
Approval:
Homer Croy
ACM for Develop rSe'rv, ices
( WpdocsVrMs6zoa05-04. cc)
Department Head:
Phil Drell
Director of Community Development
Approval:
A' -r
Carlos L. Ort
City Manage
ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
ZONING ORDINANCE CHAPTER 25.30 RELATING TO
SUPERMARKETS HAVING 50,000 SQUARE FEET OR LESS IN
THE PC(3) ZONE.
CASE NO. ZOA 05-04
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of
January, 2006, hold a duly noticed public hearing to consider the amendment to the zoning
ordinance as described above; and
WHEREAS, the Planning Commission reviewed the matter on December 6, 2005 and has
recommended approval by adoption of its Resolution No. 2367; 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. 05-52,"
in that the Director of Community Development has determined the amendment 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 zoning ordinance text amendment:
The proposed amendment relating to supermarkets having 50,000 gross square
feet or less in the PC(3) zone is consistent with the intent of the zoning ordinance
and protects the community health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
That the above recitations are true and correct and constitute the findings of the City
Council in this case.
2. That it does hereby approve Case No. ZOA 05-04 as provided in the attached
exhibit labeled Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES FERGUSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
ORDINANCE NO. 1108
EXHIBIT "A"
SECTION 1
That Section 25.30.02013 be and the same is hereby amended to read as follows:
B. Regional center (PC-3):
Such uses include, but are not limited to, supermarkets less than 50.000 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 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.
SECTION 2
That Section 25.30.026 be and the same is hereby amended to read as follows:
25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020 and
25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section
25.26.020. (Ord. 428 s2 (part), 1985).
A "supermarket" as defined in Section 25.04.797 havina 50.001 a_ ross sauare feet
or more shall be a prohibited use in the PC(3) zone.
2
PLANNING COMMISSION RESOLUTION NO.2367
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO CHAPTER 25.30 RELATING TO SUPERMARKETS HAVING
50,000 SQUARE FEET OR LESS IN THE PC(3) ZONE.
CASE NO, ZOA 05-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th
day of December, 2005, hold a duly noticed public hearing to consider the amendment to the
zoning ordinance as described above; 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. 05-52,"
in that the Director of Community Development has determined the amendment 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 Planning Commission did find
the following facts and reasons to exist to recommend approval of the zoning ordinance text
amendment:
The proposed amendment relating to supermarkets having 50,000 gross square
feet or less in the PC(3) zone is consistent with the intent of the zoning ordinance
and protects the community health, safety and general welfare.
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
Commission in this case.
2. That it does hereby recommend approval of ZOA 05-04 as provided in the attached
exhibit labeled Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 6th day of December, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DAVID E. TSCHOPP, Chairperson
ATTEST:
PHILIP DRELJ�jecretary v
Palm Desert Ping Commission
• 0
INING COMMISSION RESOLUTION NO.2367
EXHIBIT "A"
SECTION 1
That Section 25.30.02013 be and the same is hereby amended to read as follows:
B. Regional center (PC-3):
Such uses include, but are not limited to, supermarkets less than 50.000 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 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.
SECTION 2
That Section 25.30.026 be and the same is hereby amended to read as follows:
25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020 and
25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section
25.26.020. (Ord. 428 s2 (part), 1985).
A "supermarket" as defined in Section 25.04.797 havina 50,001 aross square feet
or more shall be a prohibited use in the PC(3) zone.
2
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: December 6, 2005
CASE NO: ZOA 05-04
REQUEST: Consideration of an amendment to Zoning Ordinance Chapter 25.30
to allow "supermarkets" not exceeding 50,000 gross square feet as
conditional uses in the Regional Commercial PC(3) zone.
APPLICANT: City of Palm Desert
I. BACKGROUND:
During the 1990 processing of the DSL Service Company's Mervyn's proposal at
Fred Waring and Highway 111, the matter of an Albertson's supermarket became
an issue.
In response to concerns about the impacts of supermarket loading areas and
operating hours on adjacent residential neighborhoods, a code amendment was
processed limiting the size of supermarkets in the PC(3) zone.
Specifically, on February 28, 1991 the City Council adopted Ordinance No. 636
prohibiting supermarkets in excess of 20,000 gross square feet in the PC(3)
(regional commercial) zone district. This amendment prevented general
supermarkets from locating in the PC(3) zone while allowing specialty food stores
like Trader Joe's.
Staff has become aware of several prospective vacancies of large tenant spaces
in the PC(3) zone. Concurrently we have been approached by representatives of
several specialty food stores interested in locating in these prospective vacant
spaces.
II. ANALYSIS:
The typical supermarket has grown considerably since Ordinance No. 636 was
adopted to the point where most are now in the 70,000+ square foot range.
Specialty food stores like Trader Joe's, Bristol Farms, Whole Foods, etc., have also
seen their sizes increase to the 40,000 to 50,000 square foot range.
STAFF REPORT
CASE NO. ZOA 05-04
DECEMBER 6, 2005
The proposed amendment would allow the smaller specialty food stores to locate
in the PC(3) zone as a conditional use while still prohibiting the typical supermarket.
Applications could be evaluated on a case by case basis to determine compatibility.
III. CEQA REVIEW:
This amendment to the Zoning Ordinance is a Class 5 Categorical Exemption for
the purposes of CEQA. No further documentation is necessary.
IV. RECOMMENDATION:
That Case No. ZOA 05-04 amendment Chapter 25,30 of the Municipal Code to
allow "supermarkets" not exceeding 50,000 gross square feet as conditional uses
in the regional commercial (PC-3) zone be recommended for approval to the City
Council.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
Prepared by:
J
Steve Smith
Planning Manager
Review and Concur:
Homer Croy
ACM for Development Services
Am
7
Reviewed and Approved by:
Phil Drell
Directorof Community Development
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO CHAPTER 25.30 RELATING TO SUPERMARKETS HAVING
50,000 SQUARE FEET OR LESS IN THE PC(3) ZONE.
CASE NO. ZOA 05-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th
day of December, 2005, hold a duly noticed public hearing to consider the amendment to the
zoning ordinance as described above; 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. 05-52,"
in that the Director of Community Development has determined the amendment 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 Planning Commission did find
the following facts and reasons to exist to recommend approval of the zoning ordinance text
amendment:
The proposed amendment relating to supermarkets having 50,000 gross square
feet or less in the PC(3) zone is consistent with the intent of the zoning ordinance
and protects the community health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That it does hereby recommend approval of ZOA 05-04 as provided in the attached
exhibit labeled Exhibit "A."
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 6th day of December, 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DAVID E. TSCHOPP, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
SECTION 1
That Section 25.30.02013 be and the same is hereby amended to read as follows:
B. Regional center (PC-3):
Such uses include, but are not limited to, supermarkets less than 50.000 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 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.
SECTION 2
That Section 25.30.026 be and the same is hereby amended to read as follows:
25.30.026 Prohibited uses. Any permitted use set forth in Sections 25.30.020 and
25.30.025 is prohibited when such parcel contains any hillside area as set forth in Section
25.26.020. (Ord. 428 s2 (part), 1985).
A "supermarket" as defined in Section 25.04.797 havina_ 50.001 aross sauare feet
or more shall be a prohibited use in the PC(3) zone.
K
` CIIV Of PRIDE DESE�I,1
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
Te L: 760 346-o61 I
FAX:760 341-7098
info* pal m-deserr.ora
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 05-04
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the zoning ordinance Chapter 25.30 to
permit "supermarkets" not exceeding 50,000 gross square feet as conditional uses in the PC-3
(regional commercial) zone.
SAID public hearing will be held at 6:00 p.m. on Tuesday, December 6, 2005 before the
Palm Desert Planning Commission in the Council Chamber at the Palm Desert City Hall, 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 date of the hearing. Information concerning 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 Planning Commission at, or prior to, the public hearing.
PUBLISH: Desert Sun PHIL DRELL, Secretary
November 25, 2005 Palm Desert Planning Commission