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HomeMy WebLinkAbout13 Drive-through Restaurants STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 25, 2021 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Request for direction regarding drive-through restaurants in the City of Palm Desert Recommendation By Minute Motion, provide City staff direction to: 1) Maintain the City’s current Zoning Ordinance limiting drive-through restaurants to the Freeway Commercial Overlay District (FCOD). Or: 2) Initiate a Zoning Ordinance Amendment (ZOA) to identify appropriate zoning districts and develop standards for drive-through restaurants. Background Analysis Currently, the City’s Zoning Ordinance conditionally permits drive-through restaurants for properties within the Freeway Commercial Overlay District (FCOD). In 2017, the City Council adopted Ordinance 1322 extending permissible drive-through areas further south. Drive-through restaurants are currently prohibited in all other parts of the City, including Highway 111. The Community Development Department continues to receive requests from commercial real estate brokers and owners wishing to construct drive-through restaurants along Highway 111 as well as other major corridors including, Washington Street and Fred Waring Drive. These requests have increased significantly through the COVID-19 pandemic. Staff has received a formal application for a ZOA from a property owner within the Palms to Pines Shopping Center stressing that a drive-through is necessary for today’s retail environment. Economic Development Subcommittee On January 12, 2021, Community Development Department staff met with the Economic Development Subcommittee (Mayor Kelly and Councilmember Jonathan) to review the ZOA application to allow drive-through restaurants along the Highway 111 corridor, west of Monterey Avenue. Citing changes in consumer behavior due to the COVID-19 pandemic, the subcommittee suggested that if expanded drive-through policies are to be considered, February 25, 2021 — Staff Report Direction on Drive-thru Restaurants Page 2 of 2 this should be a City -led effort rather than property specific and was receptive to consider, subject to the following: • Explore rigorous development standards for enhanced building and site design. • Explore development standards to aid in the screening of drive -through queuing. • Explore how to limit the total number of drive -through restaurants along the corridor or within a given shopping center. • Explore establishing a separation requirement between drive -through uses. • Explore using the Development Agreement (DA) process to ensure nuisance social and environmental impacts are lessened, and that the City Council maintains some control over the process. Request for Direction Staff is requesting direction from the City Council on drive -through restaurant policies and in what areas of the City. Staff has not received formal direction from the full City Council; therefore, each of these items listed above have been given minimal consideration. If directed, staff would prepare options for the City Council's review and approval at a later date. Fiscal Analysis There is no fiscal impact related to the staff's recommendation. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER WA N/A .Andy Firestine lZyn.c cft�:dam// Robert W. Hargreaves Ryan Stendell Janet Moore Andy Firestine City Attorney Dir. of Community Development Director of Finance Assistant City Manager Interim City Manager, Randy Bynder: RafLdy g nder ATTACHMENTS: 1. PDMC Chapter 25.16.040H Specific Use Standards 2. City Council Minutes of April 13, 2017, Related to Drive-throughs CPfYCOVNCILAPMON *By Minute Motion, direct staff to study the issue APPROVED ✓ DLITiTED and concerns raised this evening, and return with RECEIVED�nTus,rsa " a sample of what a Zoning Ordinance Amendment MEE DATE �- (ZOA) would look like that would include drive - AYES (?r through restaurants along portions of Highway NOESs `# 111 and adjacent properties for City Council ABSENTS _ consideration. VERIFIED BYs 1-7t >x /r/ Original on File with City WrWx OM w W AStaff Reports -Shared MSIaB Raporls 02-252021\4 -Clty Cleik - 02-25-2021\13 Request for Direction -Drive Throughs\01 CC Staff Report (Cflve-thru)Aoc 2/11/2021 25.16.040 Specific Use Standards qcode.us/codes/palmdesert/?view=desktop 1/1 Palm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 25 ZONING Chapter 25.16 COMMERCIAL AND INDUSTRIAL DISTRICTS 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial communication tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D. Adult entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office and industrial complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. A conditional use permit or administrative use permit is required to review land-use compatibility and to ensure that adequate parking exists to serve the commercial use. F. Grocery stores. Limited to a maximum building size of 10,000 square feet in PC-1, 30,000 square feet in PC- 2, and 60,000 square feet in PC-3. G. Medical offices, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit as follows: 1. Permitted locations. i. Within Freeway Commercial Overlay District; ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive. 2. Development standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle service and storage facility. The storage facility must be completely screened. (Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1322, 2017; Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013) View the mobile version. [This page has intentionally been left blank.] MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2017 to second reading, approving Zoning Ordinance Amendment 17-018 to amend Section 25.34.030 - Accessory Dwelling Units - and to Section 25.99.020 - Definitions - of the Zoning Ordinance to comply with recently enacted State Legislation related to accessory dwelling units. Motion was seconded by Nestande and carried by a 5-0 vote (AYES: Jonathan, Kelly, Nestande, Weber, and Harnik; NOES: None). C. REQUEST FOR APPROVAL OF ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.16.040(H) - SPECIFIC USE STANDARDS - FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE-THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE (OR PLANNED INTERCHANGE), Case No. ZOA 17-028 (Lumar Devco, LLC, Applicant). Assistant Planner Heather Buck stated the proposed Zoning Ordinance Amendment is to consider the locations where drive-through restaurants may be permitted. When the City embarked on the General Plan Update, it adopted the policy for Auto-oriented Uses, considering uses that serve occupants of vehicles such as for drive-throughs and discourages uses that serve vehicles in places that are clearly automobile oriented ensuring it doesn’t disrupt pedestrian flow, etc. The history on this item is that in February staff received an application for a drive-through restaurant at the former Casey’s Restaurant site. Currently, the City’s Ordinance only allows drive-through restaurants in Freeway Commercial Overlay Zones (FCOZ) subject to a Conditional Use Permit (CUP). Staff is preparing to update the Zoning Code and intended to wrap this into that discussion, but the City received an application from the Applicant that is working on the Casey Restaurant site to see if they can move forward with this. The Planning Commission recommended approval of the ZOA as amended and as presented in the staff report. She displayed a map of the current FCOZ shown in blue, stating those are the only areas where drive-through restaurants are permitted. Staff’s goals in developing this ZOA is to keep drive-through restaurants out of the City’s center and resort areas and locate them in areas that are clearly vehicle oriented and to incorporate some additional development standards. The existing FCOZ are located adjacent to Interstate-10 Freeway, and they are on the following streets: Monterey Avenue, Cook Street, and Washington Street. The amendment would expand on this concept and basically drag the boundary down south. She said Commercial, Industrial, and Freeway Commercial Overlay Zone properties are the only ones this Amendment would potentially apply to. If approved, the Applicants would still be required to return to the Planning Commission for a CUP approval of any proposed drive-through so it can consider items such as pedestrian use, impacts to adjacent development, traffic, and environmental concerns. Figure 25.10-2 shows the extent of the arterial streets proposed. It was originally proposed as a 1½ mile on Monterey, Portola, and Washington, and the Planning Commission requested further amendment to end them at arterials that are adjacent to the extent of the properties that could be impacted. For example, on Washington Street there are no commercial or industrial properties south of that line that could be impacted. The potentially affected parcels that may allow a drive-through restaurant are identified in a shaded color on the map, which will include the FCOZ and the 41 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2017 potential commercial and industrial properties. She displayed a couple of maps outlining the areas where a drive-through could be permitted, the boundaries, and potential impacted areas. Responding to question, she said the only impacted areas on Washington Street would be the Albertson’s Shopping Center and the property where the former Casey’s Restaurant was located. She reiterated that if this Amendment is approved, it will expand on the original concept that is currently in the Ordinance that drive-throughs are on vehicular oriented streets located generally close to the Freeway Interchanges where there may be more of that type of traffic only on industrial and commercial properties. She went on to say that any project, including the current application submitted for this Zoning Ordinance, would have to go through the standard process for a CUP, which is done through the Architectural Review Commission (ARC) and Planning Commission. Mayor Pro Tem Jonathan inquired as to why staff would not extend the boundary on Cook Street. Ms. Buck explained that when staff originally prepared the staff report, they started with 1½ miles, because it encompassed all of the commercial and industrial properties, and they are closed to the freeway. However, during Planning Commission discussion, there was concern that so much time was spent on the General Plan Update in developing this concept and idea for the University neighborhood being pedestrian friendly. In the end, there was only a small parcel that could potentially be impacted on Cook Street that it didn’t feel it was worth fighting for. Mayor Pro Tem Jonathan said if the boundary was extended to Frank Sinatra, he didn’t believe it would encroach on pedestrian encouragement. However, the areas shaded for potential drive-throughs, if an application is submitted, it would still be subject to a CUP, enabling staff to control the quantity, quality, etc. Ms. Buck agreed, including the speakers, location of the vehicle, view, etc. Mayor Harnik declared the public hearing open and invited testimony in FAVOR or in OPPOSITION to this matter. With no testimony being offered, she declared the public hearing closed. Mayor Pro Tem Jonathan invited his colleagues to share their thoughts on extending the boundary on Cook Street. Mayor Harnik recalled for the Council that the City worked long and hard on the Strategic Plan, and many on the dais worked on it as well, including adopting the Plan. The Plan made emphasis to pedestrian oriented communities, walkability, sustainability, and clean air in general. Additionally, she just came back from the California Council of Governments and they discussed the high rates of death related to respiratory issues, and one of the first things looked at, is if it happened near or adjacent to a drive-through. This City has worked hard to create a walkable community, a college and university village, including road 42 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2017 diets, to now be considering drive-throughs in areas where it will create fumes and erratic traffic, which was not the intent of the Strategic Plan or General Plan Update that took more than a year to adopt. So when looking at Policy 2.10 Auto- oriented Uses, she could show the Council about 30 to 50 points in the General Plan that talks about creating communities that are pedestrian friendly. Therefore, she wouldn’t support expanding the Cook Street boundary. She understood the change on Monterey and Portola, but not where the Carlos Ortega Villas (COV) is located, because everyone worked hard to make it nearly a Net-Zero Community to increase the quality of life for that senior community. In fact, the City is currently attempting to get a Helen Putman Award because the place and concept is so great. She added the City has so much pride in that project that it was named after former City Manager Carlos Ortega who was a well revered man in the City of Palm Desert. She said there are other areas such as across the street where there are drive throughs. She was adamant about preserving the community feel for the Carlos Ortega Villas as intended. Another thing, the policy states that drive throughs are for vehicle-oriented uses; therefore, she couldn’t support a drive-through restaurant next to the senior community where the City tried to create a high quality of life environment and safe pedestrian-oriented community. She also doesn’t support drive-through restaurants in the College District where the City has been talking about road diets and slowing traffic down so that people can walk around. Councilmember Kelly agreed, but if for some reason a year or two from now, the state of the world caused the City to revisit the Cook Street issue, that would be fine with her. But as of today, she believed Council had to support the plan of a different division for that part of the City. However, if the City doesn’t extend on Washington Street, she asked if there an alternative ending point on that street. Ms. Buck explained there are only two areas where there could be a drive through, which is at the Albertson’s Shopping Center and the former Casey’s Restaurant site. Mayor Harnik pointed out that Avenue of the States, right off Washington Street, is also the ingress and egress to Palm Desert Country Club, which is a highly traveled area where the City just added a roundabout. She would hate to create more traffic there and less of a safe, pedestrian-friendly community. Councilmember Weber stated that when the City considers drive throughs, it doesn’t just plot them “willy nilly.” She said vehicles are to go into the parking structure area, circle around, and then back into the street, so she didn’t think anyone would be dodging cars. And to address the issue of seniors and their walkabouts, to her, people would be walking west as opposed to east, unless they were crossing the street, which is a scary street to cross, but that didn’t have anything to do with drive throughs. She recalled there was discussion of two or three restaurants that would go into the Casey’s site, and one of them was going to be a sit-down restaurant, questioning whatever happened to those plans. 43 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2017 Mr. Acosta replied the projects evolved in their process, stating the developers ran the financing based upon what restaurants they could attract. Staff was pushing for a corner bakery type of restaurant that would lend itself to the COV demographic. The challenge to the developer had to do with the economics of the land cost versus the attraction of a sit-down restaurant. He said the trend was moving toward drive-through restaurants. Councilmember Weber made the remark that this is where we are, back to the 21st Century. Mayor Harnik clarified she wasn’t talking about people going for strolls on the vacant Casey’s site, but instead that they would be able to go to a restaurant where they can sit and dine. She noted there is a Starbucks on Washington Street that is not a drive through, and it’s always busy. Additionally, this particular area is high in density. She reiterated she couldn’t support a drive-through where the City wants people to walk. Councilmember Weber questioned what will the City do if developers can’t find a feasible restaurant to put there, because it’s already been attempted but the projects don’t pencil out. She asked if staff had tried again to get somebody else. Mr. Ceja shared that the Planning Department is reviewing an application for development at the Casey site, and in talking with the developer, they are looking at incorporating restaurant use, including sit-down restaurants with patio spaces. Further responding, he said they are also designing it for a potential drive through, so if there is an answer for them this evening, they will know which way to go. Councilmember Kelly asked the Council to stay focused, which is to decide what is appropriate use, and of course, potential commercial developers are going to test the water to see if Council will make changes they would find attractive. However, first and foremost, Council had to do its job of determining what is appropriate in that space. She is persuaded by Mayor Harnik comments of the proximity of senior housing, which is defined to afford a true 21st Century lifestyle in which the environment is managed toward sustainability. She would like to hear alternative proposals for Washington Street, because she is not personally familiar enough with the existing development to know what might be logical. Mr. Ceja stated that if Council was not interested in expanding drive throughs along Washington Street, it should just be omitted from the proposed Ordinance, because the Freeway Commercial Overlay will not change. The only expansion Council was considering this evening was to incorporate Albertson’s Shopping Center and the Casey’s site. When staff looked at Washington Street in relation to the Carlos Ortega Villas, they found that Avenue of the States is very auto dominated, because nearby is a gas station, Jiffy Lube, car wash, and drive throughs for banks. However, from the Carlos Ortega Villas there really wasn’t direct pedestrian access into the shopping center, because residents there would 44 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 2017 have to get out of the Villas, access the public sidewalks, and enter Avenue of the States to get to the shopping center. Responding to question about Avenue 44, he said there were no potential areas on the west side of Washington Street for drive-through, because it was all residential. Councilmember Weber stated that by passing the proposed Ordinance, it didn’t mean there would be a fast food restaurant in the Casey site, it just meant developers can present plans to discuss whether it would be feasible, because the project would still have to comply will all the City’s requirements for that location. Further, a developer may be able to come up with a restaurant, but it may not pencil out, so they may propose a drive-through instead. Mr. Ceja agreed, stating all applications have to go through a review process. Councilmember Kelly suggested adopting the proposal, but amending the language under Section 25.16.040 - Specific Use Standards excluding reference to Washington Street, leaving only “Generally on the following streets and as indicated in Figure 25.10-2; Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive.” Councilmember Kelly moved to waive further reading and pass Ordinance No. 1322 to second reading, approving Zoning Ordinance Amendment 17-028 to Palm Desert Municipal Code Section 25.16.040(H) - Specific Use Standards - for Commercial and Industrial Districts to allow drive-through restaurants on arterial streets with a freeway interchange (or planned interchange), as amended to exclude Washington Street and have it reflected in Figure 25.10-2 as indicated. Motion was seconded by Harnik. Responding to question, Mr. Ceja clarified that staff provided the entire Specific Use Standards, but only Item H, dealing with restaurants and drive through was being considered this evening. Mayor Harnik reiterated the City worked hard on the Strategic Plan and General Plan Update, which was adopted by three Councilmembers on the dais, where they addressed sustainability, walkability, road diets, and creating community-oriented areas. She added that 21st Century communities looked to clean air and a better way of life, including leaving a better Palm Desert to live in, and this was not one of those times to be flexible about it. Mayor Harnik called for the vote and the motion carried by a 3-0 vote (AYES: Jonathan, Kelly, and Harnik; NOES: Nestande and Weber). XIX. REPORTS AND REMARKS A. CITY MANAGER 1. City Manager’s Meeting Summaries Report for the Period of March 13-31, 2017. 45