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Chapter 25.29
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections: GA /'�_nJGnS
25.29.010 Intent and purpose:
25 .29 .020 Permitted uses.
25.29 .030 Conditional uses.
25 .29 .010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district is
dependent upon the creation and maintenance of a continuous succession
of diverse but compatible businesses which attract and sustain
pedestrian interest. To encourage this continuous pattern of
pedestrian-oriented uses, this chapter shall regulate the type of eY
uses new tenants which may occay El Paseo street-level commercial
frontagepi1SxStL 1 r�98 (Ord. 511 (Exhibit A) (part) ,
•...ew.r,z..,. ..,,x.:«..,,,,.«2,�.«.k:«s.Yssxxx .x._ ,a�.....,$xsxtta..�<.;
1987)
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2529.010
Chapter 2529
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections:
25.29A10 Intent and purpose.
2529.020 Permitted uses.
2529.030 Conditional uses.
2529.010 Intent and purpose.
El Pasco is designed as a pedestrian specialty re-
tail/personal services district.The success of a pedestrian
commercial district is dependent upon the creation and
maintenance of a continuous succession of diverse but
compatible businesses which attract and sustain pedestrian
interest To encourage this continuous pattern of
i pedestrian-oriented uses,this chapter shall regulate the type
1 of new uses which may occupy El Pasco street-level
commercial frontage constructed after July 1.1987.(Ord
511 (Exhibit A) (part). 1987)
2529.020 Permitted uses.
The following retail/personal service uscs shall be
liberally construed to be permitted uses within the El Pasco
pedestrian commercial overlay:
A. Art galleries;
B. Book and card shops:
�I C. Clothing and apparel shops.
D. Furnit ue stores and home furnishings:
+ E. Gift and accessories boutiques (including small
1 antiques):
F. Jewelry shops:
G. Liquor.beverage and food item shops:
' - FL Luggage shops,
L persona cur/products shops and services(including
barbering and cosmetology).
J. Restaurants:
K. Sundries shops(general merchandise).(Ord. 511
(Exhibit A) (part). 1987)
2529.030 Conditional uses.
The planning commission may.by conditional use permit
+ approve commercial uses not listed above if they are
f' determined to be compatible with the intent and purpose
11 of this chapter. (Ord. 511 (Exhibit A)-(part). 1987)
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389 uwm o�7-921
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CITY OF PALM DESERT
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PLANNING MANAGER
DATE: OCTOBER 24, 1996
SUBJECT: CASE NO. ZOA 96-3
PROPOSED AMENDMENT TO EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
The EI Paseo Parking and Business Improvement Area Board, at its regular meeting of
October 17, 1996,met with concerned property and business owners.
The end result of the meeting was that the Board agreed to request a continuance of the case
pending before City Council until January 23,1997. In the interim the concerned parties will
meet with the Board and attempt to formulate an ongoing program to the address the concerns of
the Board without the necessity of the amendment to the ordinance.
STE
PLANNING MANAGER
SS/db
CITY OF PALM DESERT
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PLANNING MANAGER
DATE: OCTOBER 24, 1996
SUBJECT: CASE NO. ZOA 96-3
PROPOSED AMENDMENT TO EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
The El Paseo Parking and Business Improvement Area Board, at its regular meeting of
October 17, 1996, met with concerned property and business owners.
The end result of the meeting was that the Board agreed to request a continuance of the case
pending before City Council until January 23,1997. In the interim the concerned parties will
meet with the Board and attempt to formulate an ongoing program to the address the concerns of
the Board without the necessity of the amendment to the ordinance.
STE
PLANNING MANAGER
SS/db
Pasco Collection North El RURAL STORES INC David Linder&Barbara Linder
73061 El Pasco#205 73350 El Pasco#103 PO Box 6248
Palm Desert, CA 92260 Palm Desert, CA 92260 Carson,CA 90749
W RAY HENDERSON MD INC Gary Lyons EL PASEO PARK PLAZA&FSE DESE
73180 El Pasco 4151 State St 73061 El Pasco#205
Palm Desert, CA 92260 Erie,PA 16508 Palm Desert, CA 92260
FIDELITY FEDERAL SVG&LOAN ASS Pasco Collection North Ell Marilyn Yokaitis
PO Box 1631 73061 El Pasco#205 31 Churchill Ln
Glendale, CA 91209 Palm Desert, CA 92260 Rancho Mirage,CA 92270
DAKRALDA INVESTMENTS Walter&Joyce Wayman Harold McCormick&Myrna McCormick
74-075 El Pasco B-3 75370 Fairway Dr 46860 AmirDr
Palm Desert,CA 92260 Indian Wells, CA 92210 Palm Desert, CA 92260
Gary Smitson Vaughn Edgar& Susan Edgar DAKRALDA INVESTMENTS
73330 El Pasco 711 Lido Park Dr#B 74-075 El Pasco B-3
Palm Desert, CA 92260 Newport Beach,CA 92663 Palm Desert, CA 92260
David Hyman Geraldine Koffman&F Steinback Robert Morrey&Edith Morrey
11726 San Vicente Blvd#670 68 Mayfair Dr 900 Island Dr#109
Los Angeles, CA 90049 Rancho Mirage, CA 92270 Rancho Mirage, CA 92270
Wayne Craycroft&Cott Craycroft Michael Vano&Joanne Vano William Schildge Jr.
PO Box 2175 45 Manzanita Ct PO Box 1017
Rancho Mirage, CA 92270 Millbrae,CA 94030 Cardiff,CA 92007
BEAVER PROPERTIES L P Neil&Comelli McElrath William Kellogg&Jeffrey Wilson
73730 El Pasco Neil&Cor McElrath 73710 Fred Waring Dr#208
Palm Desert, CA 92260 PO Box 59918 Palm Desert, CA 92260
Los Angeles, CA 90059
Dunn Loring R V MANAGEMENT COMPANY Jerry Mendleson
PO Box 843 NO STREET NAME or NUMBER 45120 San Pablo Ave#2b
Rancho Mirage, CA 92270 CA Palm Desert,CA 92260
Jeanne Ruthann Akin Jerry Mendleson BB &J PROP
73910 El Pasco 45120 San Pablo Ave#2b 3187 Red Hill Ave
Palm Desert, CA 92260 Palm Desert, CA 92260 Costa Mesa, CA 92626
David Langman&Arline Langman BANK OF AMERICA NATL Byron Radaker
249 S Robertson Blvd PO Box 37000 PO Box 1906
Beverly Hills,CA 90211 San Francisco, CA 94137 Palm Springs,CA 92263
Bleeka Pitruzzelli Bleeka Pitruzzelli Joseph Lopresti&Lucy Lopresti
74212 Catalina Way 74212 Catalina Way PO Box 503
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92261
Mary Dennison Frances DeNuit C&C INVESTMENTS
72393 Ridgecrest Ln 73350 Broken Arrow Trl 550 Park St#104
Palm Desert, CA 92260 Palm Desert, CA 92260 Alameda, CA 94501
Paul&Josephine Boelzaer Cathy Urrutia Cathy Gheta
73139 Ajo Ln 2411 Hinson Rd 2411 Hinson Rd
Palm Desert, CA 92260 El Dorado,AR 71730 El Dorado,AR 71730
Robert Stewart Jr. Judith Stewart Ty&Sarah Seils
73350 El Pasco#203 73920 Mountain View Ave 72795 Davis Rd
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Wayne Cmycroft&Wayne Craycroft John&Janet Stanford
PO Box 2175 43725 Louisiana St
Rancho Mirage,CA 92270 Palm Desert, CA 92211
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Motion Alexandre Studio Gary's Island
73061 El Pasco # 3 73061 El Pasco # 6 73061 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Desert, CA 92260
Tight Assets Nomads of the Desert Brisol Court
73130 El Pasco #H 73190 El Pasco # 1 73199 El Pasco# G
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Adams Bay Patchington Inc. Serena's Golf& Sport
73199 El Pasco #I 73200 El Pasco B #4 73255 El Pasco #20
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Dakota Bar& Grill Salon Internationale Riley Golf
73260 El Pasco # IAB 73280 El Pasco # 2 & 4 73375 El Pasco # C
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hollywood Scoop Cafe Charisma Ristorante Caffe Valentino
73375 El Pasco #F 73375 El Pasco #I 73375 El Pasco #PQ &R
Palm Desert, CA 92260 Pahn Desert, CA 92260 Palm Desert, CA 92260
The Humidor Gallery El Pasco El Tecolote
73405 El Pasco # 31A 73405 El Paseo # 31C 73560 El Pasco ##E
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Mineral &Fossil Gallery Allegro Cafe Min's Art Gallery
73580 El Pasco #A 73655 El Pasco # G 73655 El Pasco #H
Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Desert, CA 92260
The Wedding Shop Le Peep Grill Union Bank
73655 El Pasco #N 73725 El Pasco # A-D 73785 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Classic Consignment Trust Deed Services Duke &Duches Beauty &Nail
73847 El Pasco # 12 & 13 73880 El Pasco# 2 73920 El Pasco # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Martha' Gifts Inc. St. John's Boutique Club 74
73061 El Pasco # 5+ 73061 El Pasco # 8 73061 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
White House Euthoria Martha's Gifts
73061 El Pasco # 2 73061 El Pasco #4 73061 El Pasco # 5
Palm Desert, CA 92260 Palm Desert, CA 92260 Pahn Desert, CA 92260
Alexandre Studio St. Johns Boutique Club 74
73061 El Pasco# 6 73061 El Pasco # 8 73061 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Daily Grill The Forgotten Women Polo
73061 El Pasco 73106 El Pasco # 6 73111 El Pasco #A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Daniel Fox Premier Surgery Mister Marcus
73111 El Pasco #1-K 73180 El Pasco 73200 El Pasco # 3-A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Totaly Toons
73540 El Pasco # D&E 73560 El Pasco # C 73200 El Pasco # 3-C
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
El Pasco Photo Ernest Brown Bead Store
73280 El Pasco # 2 73320 El Pasco # 2 73382 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Tai Ping Roberge Corporation Hair Affair
73399 El Pasco 73520 El Pasco #L 73540 El Pasco #B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Santa Fe Ranch Catus Flower Shoe No Da Te
73560 El Pasco #D 73640 El Pasco # 3 73655 El Pasco L&M
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Sunshine Travel & Cruise Carol's Hair Design Carmela Skin Care
73660 El Pasco# 4 73736 El Pasco # 6 73880 El Pasco # 3
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Shear Hair Center Simply Heaven Bed Bath & Me
73896 El Pasco #R12 73896 El Pasco 73900 El Pasco # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hillis Zantman Draper's & Damons
73910 El Pasco #A 73925 El Pasco # 4 73930 El Pasco # A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Kitchen Fancy Nora Martin Studio 960
73930 El Pasco # B 73956 El Pasco #A 73960 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Desert Fireplace Juarez Cedar Creek Inn
73990 El Pasco # 5 73151 El Pasco #F 73445 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Chevelles's Comerford's The Complete Home
73833 El Pasco 73740 El Pasco 73990 El Pasco #A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Imago Galleries Mona Cafe Bea's Swimwear
73970 El Pasco # 73770 El Pasco 73640 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Black Market Palm Desert Tabacco The Extra Mile
73100 El Pasco 73840 El Pasco 73470 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Brennen Gallery Liz Carter Designs Mayo's
73080 El Pasco #4 73660 El Pasco # 73990 El Pasco # 3
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Wayne's Collection Nikki's Dana Felice
73640 El Pasco# 7 73 El Pasco # 3 73 El Pasco L&M
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Eddie Dales Hale's Napa Tapa's
73990 El Pasco 73940 El Pasco 73940 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Nikki's Shawna's
73750 El Pasco 73750 El Pasco 73900 El Pasco # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
El Paseo Collection Daily Grill The Vault Fine Jewery
73061 El Paseo 73061 El Paseo 73080 El Paseo # 2
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Serena D' Italia California Pizza Kitchen Iris for El Paseo
73080 El Paseo # 5 73080 El Paseo # 8 73080 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Mondi International Chico's Whitt/Kruss
73100 El Paseo # A 73100 El Paseo # 31 73111 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Danskin Richard Galleries Nicole Adelson Galleries
73111 El Paseo 73130 El Paseo#A-B 73130 El Paseo # E
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Gallerie Vendome Joy Lynn Tin Soldier
73130 El Paseo #E&G 73130 El Paseo #F&G 73130 El Paseo # L
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Bonnie Gordon Earth Spirits Coda Gallery
73130 El Paseo #M 73130 El Paseo#N 73151 El Paseo # C
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Springs Reservations Newporter Travel Air Dreams
73160 El Paseo # 5 73150 El Paseo 73170 El Paseo # 2&4
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
It's Sensational Leeds & Sons Jewelers Quiet Storm
73199 El Paseo # H 73199 El Paseo #J 73255 El Paseo# 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Troy Mom's Silk Flowers & Trees Studio 10
73255 El Paseo # 2&3 73260 El Paseo # 3-A 73280 El Paseo # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Gold Shoppe Neilsen Jewelers 4 Seasons Swimwear
73320 El Paseo # 1 73290 El Paseo # 2 73374 El Paseo #
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
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Amanda Grace Graphic Gallery Storekeeper
73375 El Pasco #D 73375 El Pasco #E&F 73375 El Pasco # K
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Countess Mara Diamonds By More Elegante Jewelry
73375 El Pasco #M 73375 El Pasco # O 73330 El Pasco #B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hecht Charles Galleries Classic Doll Shoppe Tennis Buff
73375 El Pasco 73386 El Pasco 73398 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Desert Tennis Boutique Icings My Mother's Garden
73405 El Pasco #31B 73425 El Pasco # C 73425 El Pasco # 21-A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Upper Crust Cooking Co. Pampered Bath Palm Desert Coin Co.
73540 El Pasco #D&E 73560 El Pasco # C 73580 El Pasco #B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Cafe Des Beaux Carl Martin's Desert Shop
Mr. Music C P
73580 El Pasco # C 73640 El Pasco # 1-4 73655 El Pasco #D
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
L'Affaire Boutique Ted Land Palm Desert National Bank
73660 El Pasco # B2 73725 El Pasco # 23A 73745 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Ristorante Mama Gina Aviar Travel San Luis Rey Center
73705 El Pasco # 30B 73725 El Pasco # 23B 73725 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Sandpiper Collection Bank of America The Dressing Room
73750 El Pasco # C 73820 El Pasco # 3-A 73833 El Pasco # 102
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Looking Good Spectacular Shades Place Verdome
73890 El Pasco # 9 & 10 73910 El Pasco # C &D 73950 El Pasco #
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
:• ..
Deluca Jewlers Morre Fashions Dana Felice
73655 El Paseo #F 73690 El Paseo 73540 El Paseo #A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
J. Lewis Bowkers Glez& Harkins BG's Eclectic
73260 El Paseo # 1B 73190 El Paseo # 2 73100 El Paseo# 5
Palm Desert, CA 92260 Palm Desert, CA 92260 Pahn Desert, CA 92260
Hagair Shoe
73640 El Pasco # 2
Palm Desert, CA 92260
Janice Schmid&Richar Kitagawa Harold McCormick&Myrna McCormick " R V MANAGEMENT COMPANY
83151 Avenue 50#52 46860 Amir Dr NO STREET NAME or NUMBER
Coachella, CA 92236 Palm Desert, CA 92260 CA
R V MANAGEMENT COMPANY PLAZA PORTOLA ASSOCIATES L L C BANK OF AMERICA NATL
73890 El Pasco 136 E S Temple#1500 PO Box 37000
Palm Desert, CA 92260 Palm Desert, CA 92260 San Francisco, CA 94137
Manuel Caldera Byron Radaker Pasco Collection Gante El
74900 Us Highway 111 #221 PO Box 1906 5900 Wilshire Blvd#600
Indian Wells, CA 92210 Palm Springs, CA 92263 Los Angeles, CA 90036
David Langman& Arline Langman ° VISTA FINANCIAL&RINGOOD INC James&Dianna Waller
294 Robertson Blvd 3550 Wilshire Blvd#1616 Family Trust Waller
Beverly Hills, CA 90211 Los Angeles, CA 90010 PO Box 85
Glenbrook,NV 89413
David&Arline Langman David&Arline Langman--- — VILLAGE ZOO LTD __—
Family Langman Family Langman 73405 El Pasco
249 S Robertson Blvd 249 S Robertson Blvd Palm Desert, CA 92260
Beverly Hills, CA 90211 Beverly Hills, CA 90211
Leon Nightingale&Jacqueli Nightingale ' EL PASEO PREMIER CENTRE Wolfgang Ley
45120 San Pablo Ave#2b 73061 El Pasco#205 73811 El Pasco
Palm Desert, CA 92260 Palm Desert,CA 92260 Palm Desert, CA 92260
Jo McCart Jo McCart UNION BANK
PO Box 48777 PO Box 48777 530 B St#650
Los Angeles, CA 90048 Los Angeles,CA 90048 San Diego, CA 92101
i
Denise Roberge&Thomas Lowe
73520 El Pasco
Palm Desert,CA 92260
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor and City Council
II. REQUEST: Consideration of approval of an amendment to the El Paseo
Pedestrian Commercial Overlay Zone
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 96-3
V. DATE: January 23, 1997 continued from October 24, 1996
N N N N N N N N N N N N N k N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N it N N N N N N N N N N N N
A. DISCUSSION:
This matter was originally before City Council October 10 and 24, 1996. At the
request of the El Paseo Business Association the City Council continued this matter
to January 23, 1997.
At this time the El Paseo Business Association is requesting another continuance (see
letter attached).
B. STAFF RECOMMENDATION:
That the public hearing be continued to April 24, 1997 by minute motion.
Prepared by:
Steve Smith I �
Reviewed and Approved by: Philip Drell
Drell
/tm
Attachment:
El Paseo Business Association Letter
1
REICEfVED
JAN 16 1997
E L COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PAIMDESERT
PASEO-
JANUARY 16, 1997
PALM DESERT CITY COUNCIL
73-510 FRED WARING DRIVE
PALM DESERT,CA 92260
DEAR COUNCIL MEMBERS,
IN OCTOBER,1996,THE EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS REQUESTED
THAT THE PALM DESERT CITY COUNCIL POSTPONE TILL 1997 ANY DECISIONS ON AMENDING
CHAPTER 25.29 OF THE CITY MUNICIPAL CODE ( EL PASEO PEDESTRIAN OVERLAY ZONE.)
THAT REQUEST WAS GRANTED.
THE BOARD HAS BEEN IN LENGTHY DISCUSSIONS WITH INTERESTED PRINCIPALS BUT RECOGNIZES THAT
ADDITIONAL DIALOGUE IS NECESSARY BEFORE A FINAL RECOMMENDATION CAN BE PRESENTED TO THE CITY
COUNCIL.
THEREFOR, IT IS HEREBY REQUESTED THAT A FURTHER DELAY OF NINETY DAYS BE GRANTED TO THE BOARD
OF DIRECTORS TO PREPARE IN GREATER DEPTH AN APPROPRIATE RECOMMENDATION FOR CITY COUNCIL
CONSIDERATION.
YOUR TRULY,
30NIA M. CAMPBELL, PRIES.
EL PASEO BUSINESS ASSOCUITION
BOARD OF DIRECTORS
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
City of P* Desert
Council Agenda Request
Meeting of January 23, 1997
To be considered under:
Consent Calendar_ Resolutions_ Ordinances_ New Business_
Old Business_ Informational Items_ Public Hearings X Other
2. Item Title: (Please provide the wording that should appear as the item's tide on a enda).
Consideration of approval of an amendment to the seo Pedestrian Commercial
ver ay one
I Financial: (Complete if applicable)
(a) Account/Project# (b) Amount Requested
(c) In the Current Budget? (c) Appropriation Required?
Approved by Director of Finance:
4. Submitted by: Steve S 'th
5. Approvals: Department Head.. City Manager
6 1997
E WMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
PASEO-
JANUARY 16, 1997
PALM DESERT CITY COUNCIL
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260 j
DEAR COUNCIL MEMBERS, '
IN OCTOBER,1996,THE EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS REQUESTED
THAT THE PALM DESERT CITY COUNCIL POSTPONE TILL 1997 ANY DECISIONS ON AMENDING f
CHAPTER 25.29 OF THE CITY MUNICIPAL CODE ( EL PASEO PEDESTRIAN OVERLAY ZONE.)
THAT REQUEST WAS GRANTED.
THE BOARD HAS BEEN IN LENGTHY DISCUSSIONS WITH INTERESTED PRINCIPALS BUT RECOGNIZES THAT
ADDITIONAL DIALOGUE IS NECESSARY BEFORE A FINAL RECOMMENDATION CAN BE PRESENTED TO THE CITY
COUNCIL.
THEREFOR, IT IS HEREBY REQUESTED THAT A FURTHER DELAY OF NINETY DAYS BE GRANTED TO THE BOARD
OF DIRECTORS TO PREPARE IN GREATER DEPTH AN APPROPRIATE RECOMMENDATION FOR CITY COUNCIL
CONSIDERATION.
YOUR TRULY, `z l
SONIA M. CAMPBELL, PRES.
EL PASEO BUSINESS ASSOCIATION
BOARD OF DIRECTORS
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
r
E L REDEIrVE ,
D
OCT
PA Q '%uwNm 2 3 1996
Dtap
�f
�nr �r Of pq DfpA
UfDES� HIMEyT
OCTOBER21, 1996
HONORABLE WALTER H. SNYDER, MAYOR
CITY OF PALM DESERT
73510 FRED WARING DRIVE
PALM DESERT, CA 92260
DEAR MAYOR SNYDER,
THE EL PASEO BUSINESS ASSOCIATION BOARD OF DIRECTORS HELD A PUBLIC HEARING AT ITS REGULAR
MEETING OCTOBER 17 1996 FOR THE PURPOSE OF HEARING TESTIMONY FROM VARIOUS PROPERTY OWNERS
IN REGARD TO AMENDING CHAPTER 25.29 OF THE CITY MUNICIPAL CODE. (THE EL PASEO PEDESTRIAN
OVERLAY.)
THE HEARING REVEALED THAT FURTHER DISCUSSIONS BETWEEN THE BOARD AND THE PROPERTY OWNERS
WOULD BE NECESSARY IN ORDER TO PROPERLY STUDY AND ADDRESS THEIR CONCERNS.
THEREFOR, IT IS HEREBY REQUESTED THAT THE CITY COUNCIL TAKE NO FURTHER ACTION ON THIS MATTER
UNTIL THE BOARD SUBMITS ITS FINAL RECOMMENDATION TO THE CITY COUNCIL IN EARLY 1997.
YOURS TRULY,
SON�BELL, PRES.
EL PASEO BUSINESS ASSOCIATION
BOARD OF DIRECTORS
CC: ALL MEMBERS PALM DESERT CITY COUNCIL
MR. RAY DIAZ, CITY MANAGER
MR. STEVE SMITH, PLANNING DEPARTMENT
SMC:PSC
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
Baas^
��-��- .
U
OCT-16-1996 12:07 CP,ISTE, PIPPIN & GOLDS 619 776 4197 P.01
Law OffiCCS Of
ClUSTE, PIPPIN& GOLDS
ROAERT L.PIPPIN 77-550 ALESSANDRO
MICHAEL A.CRISTE SUITE 200 TRI,tMONE:(6i9)862.1111
IRWIN L.GOLDS PALM DESERT,CA 92260 PACSIMII.E:(619)77(r4197
MARIE A.ROCIDJEWfCH
FACSIMILE TRANSMISSION COVER SHEET
FAX NO. (619)7764I97
DATE: NO, FAXED TO:&�// 7O J K
TO
CAPTION OF DOCUMENT'� �
SENDE C IENT:�—
NO. OF PAGES (INCLUDING COVER SHEET):
THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL
OR ENTTTY TO WHICH IT IS ADDRESSED,AND MAY CONTAIN
INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL, IF YOU
ARE NOT THE INTENDED RECIPIENT, OR'1.11LI' EMPLOYEE OR
AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE
INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION,DISTRIBUTION OR COPYING OF TUTS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE ..
RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE AND RETURN TTiE ORIGINAL
MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
SERVICE. THANK YOU.
MESSAGE:
IF THERE AIi;E AN PROBLEMS RECEIVING THIS FAX TRANSMISSION, PLEASE:
CALL J AT (619) 862-111 l
<�vexro„
OCT-16-1996 12:07 CRISTE, PIPPIN & GOLDS 619 7% 4197 P.02
4 1
Law Offleas of
CIUSTE, PIPPIN& GOLDS
73-550 ALESSANDRO DRIVE
ROBERT L.PIPPIN SUM 200 TELEPHONE:(619)862.1111
MICHAEL A.CRISTE PALM DESERT,CA 92260 YAC'JIMn.r:(619)776.4t97
IRWLY L.GOLDS
MARIE A.BOCHNEWICH
October 16, 1996
ViA FACSIMILE ONLY
Philip Drell
Director of Community Development
City of Palm Dcscrt
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
[Facsimile no. 341-7098j
Re: Proposed Amendment to El Pasco Pedestrian Commercial Overlay Zone
Dear Phil:
As a supplement to and as indicated in our correspondence to you of October 7, 1996,
relative to the referenced proposed amendment to the El Pasco zone, Palm Desert National Bank
proposes the following language clarification as to the issue of FI Pasco "fmntagc
That"stied-level conunelvial fivutago"bedcfuud as acummercial premises adjacent
to El Pasco which has direct pedestrian access to the El Pasco sidewalk.
'fife purpose of this clarification is to enable existing El Pasco businesses such as the Bank
to lease and occupy additional space adjacent to such businesses existing space (i.e., expand the
business operation in the current location) provided that such expansion does not, ettectively,
provide the business a new"door" directly onto and facing El Pasco.
Please call should you have any questions as to this rcqucstcd clarification.
Thank you again for your courtesy in this matter.
+Ii ,.�.er,ely,Golds
Criste,Pippin& Golds
HSI
fIy/BGrth.36B
TOTAL P.02
iR J
CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II . REQUEST: Consideration of approval of an amendment to
the E1 Paseo Pedestrian Commercial Overlay Zone
III. APPLICANT: 'City of Palm Desert
IV. CASE NO. : ZOA 96-3
V. DATE: October 10, 1996
VI. CONTENTS:
A. Staff Recommendation
B . Discussion
C . Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 96-3
E. Planning Commission Resolution No. 1764
F. Planning commission ,Staff Report dated September 17,. 1996
G. Related maps and/or exhibits
A. STAFF RECOMMENDATION:
( Continue public hearing to October 24 , 1996 by minute motion.
Due to concerns about the impact of the proposed ordinance
amendment on banking uses, 'the E1 Paseo Business Association
Board will be reexamining the ordinance at their October 17,
1996 meeting. Their recommendation will be forwarded to the
Council for the October 24 meeting.
B. DISCUSSION:
I . BACKGROUND:
In 1987 the city created the El -Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core Specific
Plan. The 1987 ordinance restricts street fronting first floor
uses to pedestrian oriented retail and personal service
. businesses. It was intended to apply to all new businesses on
El paseo between Highway 74 and Portola Avenue. The goal was
• 2
TRANSMITTAL LETTER
ZOA 96-3
OCTOBER 10, 1996
to create a continuors succession of pedestrian oriented
storefronts.
During the processing of the 1987 ordinance there was
considerable input from businesses which would be excluded from
occupying E1 Paseo street-level commercial frontage by the
ordinance. As a result the ordinance, as adopted, only applied
to commercial frontage constructed after July 1, 1987 .
II . ANALYSIS :
At the request of the E1 Paseo Business Association the city
has initiated this proposed amendment. The Association is
concerned that all vacant space on E1 Paseo, between Portola
Avenue and Highway 74, be filled with only retail pedestrian
oriented businesses.
This amendment will remove the 1987 exclusion and apply the
restriction to all new tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify
intent of the ordinance .
III . PLANNING COMMISSION HEARING AND ACTION:
One person spoke at the Planning Commission hearing and
expressed support for the proposed amendment . Following
further discussion the Planning Commission, by its Resolution
No. 1764, unanimously (5-0) voted to recommend approval of Case
ZOA 96-3 to the City Council .
Prepared by:
Reviewed and Approved by ` �—
SS/db:tm
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CI:`Y OF PALM DESERT, CALTFORNIA,
APPROVING AN AMENDMENT TO ORDINANCE
SECTION 25 .29, EL PASEO PEDESTRIAN
COMMERCIAL OVERLAY ZONE
CASE NO. ZOA 96-3
WHEREAS, the City Council of the City of Palm Desert,
California, did on the 10th day of October, 1996, hold a duly
noticed public hearing to consider amending Section 25 . 29 - the E1
Paseo Pedestrian Commercial Overlay Zone; and
WHEREAS, the Planning Commission, by Resolution No. 1764, 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. 80-89, " 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 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 affected 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 it does hereby approve ZOA 96-3 as provided in the
attached exhibit labeled Exhibit "A" .
s
•
ORDINANCE NO.
3 . The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of
general circulation, printed, published, and circulated
within the City of Palm Desert, and the same shall be in
full force and effect thirty- (30) days after its
adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council
this day of 1996, by the following vote,
to wit :
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
2
a
ORDINANCE NO.
EXHIBIT "A"
Section 1: That Section 25 .29 . 010 of the code of the city of
Palm Desert, be and the same is hereby amended to read as follows:
25.29 .010 Intent and purpose.
El Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest . To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy E1 Paseo street-level commercial
frontage .
3
MINUTES
PALM DESERT PLANNING COMMISSION y
SEPTEMBER 17, 1996
RE`41E�T �G
VISI,, v
hairperson Beaty opened the public hearing and the applicant.
to address the commission. Mr. Nunez spoke from the audience
and said he was present to answer any questions.
Chairperson Beaty asked if anyone wished to speak in FAVOR or
OPPOSITION to the proposal . There was no one and the public
hearing was closed. Chairperson Beaty asked for commission
comments or action.
Commissioner Jonathan stated that he was concerned about the
shortage of parking spaces, but he found staff's presentation
persuasive and there were circumstances that justify an
exception and this seemed to be one of them. He stated that
he would move for approval . Chairperson Beaty concurred and
felt that more variety was needed in that area and hoped they
were successful .
Action:
Moved by Commissioner Jonathan, seconded by Commissioner
Fernandez, approving the findings as presented by staff .
Carried 5-0 .
Moved by Commissioner Jonathan, seconded by Commissioner
Fernandez, adopting Planning Commission Resolution No. 1763 ,
approving CUP 96-24, subject to conditions . Carried 5-0 .
B. Case No. ZOA 96-3 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to the E1
Paseo Pedestrian Commercial overlay Zone.
Mr. Smith stated that what was before the commission was a
proposed amendment which would alter an ordinance that became
effective in 1987 . Along E1 Paseo between Portola and Highway
74 there is a restriction limiting street-front first floor
uses to pedestrian-oriented retail and personal service
businesses . The original intent in 1987 from the Core Area
Commercial Plan was to limit all new uses to that criteria in
that the goal was to create a continuous succession of
4
• MINUTES
PALM DESERT PLANNING COMMISSION
SEPTEMBER 17, 1996
pedestrian-oriented store frunzs. During the processing of
the 1987 ordinance there was input from busint�sses and the
ordinance ended up being applicable to commercial frontage
constructed after July 1, 1987 . The proposal at this point is
to eliminate the verbiage applying it to new construction
after July 1, 1987 and making it applicable to all new tenants
in all first-floor street front spaces regardless of when the
building was constructed. This has come to the city at the
request of the. El Paseo Business Association because that
group feels that future vacant spaces along El Paseo should be
filled with retail pedestrian-oriented businesses . A second
part of the amendment would change the words "new uses" to
"new tenants" . Staff felt that would help clarify things. He
said this was a Class 5 categorical exemption for purposes of
CEQA and the recommendation is that Planning Commission
recommend approval of ZOA 96-3 to City Council .
Commissioner Ferguson stated that this was prospective in its
application. Even though the buildings were constructed after
1987 it would only apply to .tenants coming in after the
effective date of the ordinance, whenever that is . Existing
tenants wouldn' t be disturbed, but new tenants would be
subject to this overlay. Mr. Smith concurred. Mr. Drell also
indicated that this ordinance didn' t prohibit non-listed uses,
it just made them subject to a conditional use permit process.
He felt this created a significant hurdle and an incentive for
landlords to try and find pedestrian-friendly uses and would
give the city the ability to deny them if they were
detrimental to the street .
Chairperson Beaty opened the public testimony and asked if
anyone wished to speak in FAVOR or OPPOSITION to the proposal .
MR. DAVID FLETCHER, 74-095 Covered Wagon Trail in Palm
Desert, stated that he manages a number of buildings on
E1 Paseo and he was on the board of the merchants
association for the street . He said that all of the
buildings that he manages were either remodeled or built
after 1987 and they have adhered to this policy. They
would have done that regardless of the city ordinance.
5
MINUTES
PALM DESERT PLANNING COMMISSION
SEPTEMBER 17, 1996
They fosnd that certain uses were incompatible and
prevented the 'filling of vacant spaces as they occur.
Retail tenants were very sensitive to their neighbors and
as the street has matured, there were uses on the street
that block walking traffic and as those become vacant,
he recommended that they try, and get more pedestrian-
friendly uses in those spaces. It was not a function of
when the building was built--those tenants that were
there should be there, but if the spaces become available
as a city they should try and make E1 Paseo more
pedestrian friendly and try and do something in that
direction. He recommended approval .
Chairperson Beaty closed the public hearing and asked for
commission comments or action.
Commissioner Ferguson informed commission that this issue was
before the Comprehensive Zoning Ordinance Review Committee
which overwhelmingly gave its endorsement . They looked at the
purpose and the history of the original ordinance and its
evolution since that time . He said he personally would like
greater uniformity to the pedestrian flow on El Paseo. He
enjoyed walking down there and understood where the gaps were
and felt that overall this would be good for E1 Paseo and he
supported it wholeheartedly.
Action:
Moved by Commissioner Ferguson seconded by Commissioner
Campbell, approving the findings as presented by staff .
Carried 5-0 .
Moved by Commissioner Ferguson, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 1764,
recommending to the City Council approval of ZOA 96-3 , an
amendment to Chapter 25.29, the E1 Paseo Pedestrian Commercial
Overlay Zone. Carried 5=0.
6
PLANNING COMMISSION RESOLUTION NO. 1764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO THE EL PASEO
PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA 96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed'
public hearing to consider an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone Chapter 25 .29; 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 to exist
to justify their actions :
1 . The proposed amendments are consistent with the Commercial .
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the E1 Paseo area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic.
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 ZOA 96-3, Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996, by
the following vote, to wit :
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE 1l
PAUL R. BEATY, Chai erson
ATTEST:
4100
PHI IP DREL ecretary
Palm Desert lann-i-ng- Commission
PLANNING COMMISSION RESOLUTION NO. 1764
EXHIBIT A
Section 1: That Section 25.29.010 of the Code of the City of Palm
Desert, be and the same ishereby amended to read as follows:
25 . 29. 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district. The success of, a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest . To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy El Paseo street-level commercial
frontage.
i .
CITY OF PALM DESERT
„ DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE': September 17, 1996
CASE NO: ZOA 96-3
REQUEST: Approval of an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone
APPLICANT: City of Palm Desert
I. BACKGROUND:
In 1987 the city created the E1 Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core Specific
Plan. The 1987 ordinance restricts street fronting first floor
uses to pedestrian oriented retail ad personal service businesses.
It was intended to apply to all new businesses on E1 Paseo between
Highway 74 and Portola Avenue. The goal was to create a
continuous succession of pedestrian oriented storefronts.
.During the processing of the 1987 ordinance there was considerable
input from businesses which would be excluded from occupying El
Paseo street-level commercial frontage by the ordinance . As a
result the ordinance as adopted only applied to commercial
frontage constructed after July 1, 1987 .
II. ANALYSIS:
At the request of the El Paseo Business Association the city has
initiated this proposed amendment . The Association is concerned
that all vacant space on El Paseo, between Portola Avenue and
Highway 74 , . be filled with only retail pedestrian oriented
businesses .
This amendment will remove the 1987 exclusion and apply the
restriction to all new tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify intent
of the ordinance .
III. CEQA REVIEW:
The proposed amendment is a class 5 categorical exemption for the
purposes of CEQA and no further documentation is necessary.
STAFF REPORT
ZOA 96-3
SEPTEMBER 17, 1996
IV. RECOMMENDATION•
Approve the findings and adopt Planning Comimissiun Resolution No.
recommending to the City Council approval of ZOA 96-3, an
amendment to Chapter 25 .29, the E1 Paseo Pedestrian Commercial
Overlay Zone.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Correspondence
Prepared by Q
S Smith —'
Reviewed and Approved by
Phil Drell
/tm
2
Chapter 25.29
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sectionsc
25.29.010 Intent and purpose.
25.29.020 Permitted uses.
25.29 .030 Conditional uses.
25 .29.010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district is
dependent upon the creation and maintenance of a continuous succession
of diverse but compatible businesses which attract and sustain
pedestrian interest. To encourage this continuous pattern of
pedestrian-oriented uses, this chapter shall regulate the type of t .10
:,:.....
used new tenants which may occupy El Paseo street-level commerciaT
frontage r'c7Oted -after= a7'l"�1�' �.r. �:9�:7• (Ord. 511 (Exhibit A) ((part) ,
a
I t
.JI.,t� Z , 1sssFf•:, . C!TYKA.LL
CITY iiiT,i i4 LR
)UNE20, 1996
MR. RAY DIAZ
CITY MANAGER CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
SUBJECT: EL PASEO OVERLAY
DEAR MR. DIAZ;
THE EL PASEO OVERLAY ZONE WAS CREATED, AS YOU KNOW, TO ENCOURAGE AN UNINTERRUPTED
PEDESTRIAN INTEREST IN THE OFFERINGS OF THE STREET. THIS COAL HAS LARGELY BEEN
SUCCESSFUL BUT THERE CURRENTLY ARE SEVERAL IMPORTANT VACANCIES THAT HAVE ESCAPED
PARTICIPATION BY VIRTUE OF THEIR AGE. IN ADDITION, WITH THE IMPENDING VACANCIES OF
SEVERAL VERY IMPORTANT PROPERTIES, THERE IS AN EXTREME URGENCY THAT IMMEDIATE ACTION
BETAKEN TO ELIMINATE THE EXISTING INEQUITY.
THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA BOARD OF DIRECTORS HEREBY
FORMALLY REQUESTS THAT ACTION BE TAKEN FORTHWITH TO AMEND CHAPTER 25.29 OF THE
CITY MUNICIPAL CODE TO ELIMINATE THE EXCLUSION OF PROPERTIES BUILT PRIOR TO JULY 1,
1987.
YOURS TRULY,
'SONIA M. CAMPBELL, PRES.,
EL PASEO BUSINESS ASSOCIATION
BOARD OF DIRECTORS
SMC:PSC
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JULY 2, 1996
SUBJECT: REQUEST FROM EL PASEO BUSINESS ASSOCIATION FOR INITIATION OF
AN AMENDMENT TO THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY
ZONE
I . BACKGROUND:
In 1987 staff proposed an amendment to the Zoning Ordinance
creating Chapter 25 .29 , the E1 Paseo, Pedestrian Commercial Overlay
Zone, which required all new uses occupying vacant first floor
street frontage on El Paseo be oriented to the pedestrian retail
shopper. Due to opposition by several prominent El Paseo property
owners, the amendment was passed with a provision excluding
buildings constructed before July 1987 .
The city has received a letter from the El Paseo Business
Association requesting that the 1987 grandfather clause be deleted
from the ordinance. They are quite concerned that vacancies in
many important older buildings will be filled with non-retail non-
pedestrian oriented businesses.
If the 1987 exclusion is deleted, existing tenants would be
unaffected. New businesses occupying all vacant street fronting
first floor space would be required to meet the pedestrian
interest criteria described in the ordinance.
II . RECOMMENDATION:
By minute motion recommend initiation of an amendment to Chapter
25 .29 deleting the July 1, 1987 exclusion.
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
RECEIVED
{ cam } JUN 2 5 1996
CRY (tl peom Owen COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
73-510 FRED WARING DRIVE, PALM DESERT, CAUFORNIA 92260-2578
TELEPHONE(619)346-0611 FAX(619)340=0574
June 25, 1996
Ms. Sonia M. Campbell
President
EL PASEO BUSINESS ASSOCIATION
P.O. Box 6000, Suite 305
Palm Desert, California' 92261
Dear Ms. Campbell:
I have given your letter of June 20, 1996, requesting the amendment of Chapter 25.29 of the
Palm Desert Municipal Code to Director of Community Development, Phil Drell.
Chapter 25.29 is part of the Palm Desert Zoning Ordinance, as such, proposed amendments are
processed by the Community Development Department. Mr. Drell will contact you to discuss
the proposed revision identified in your letter.
We want to thank you and the El Paseo Business Association for informing us of your concerns.
Sincerely,
RAMON A. DIAZ
CITY MANAGER .
Iga
cc: Phil Drell '
Nm:eO
PpMr
T .iay z 1996
CITY KAIL
CIN
PASEO-
JUNE20, 1996
MR. RAY DIAZ
CITY MANAGER CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
SUBJECT: EL PASEO OVERLAY
DEAR MR. DIAz;
THE EL PASEO OVERLAY ZONE WAS CREATED, AS YOU KNOW, TO ENCOURAGE AN UNINTERRUPTED
PEDESTRIAN INTEREST IN THE OFFERINGS OF THE STREET. THIS COAL HAS LARGELY BEEN
SUCCESSFUL BUT THERE CURRENTLY ARE SEVERAL IMPORTANT VACANCIES THAT HAVE ESCAPED
PARTICIPATION BY VIRTUE OF THEIR AGE. IN ADDITION, WITH THE IMPENDING VACANCIES OF
SEVERAL VERY IMPORTANT PROPERTIES, THERE IS AN EXTREME URGENCY THAT IMMEDIATE ACTION
BE TAKEN TO ELIMINATE THE EXISTING INEQUITY.
THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA BOARD OF DIRECTORS HEREBY
FORMALLY REQUESTS THAT ACTION BE TAKEN FORTHWITH TO AMEND CHAPTER 25.29 OF THE
CITY MUNICIPAL CODE TO ELIMINATE THE EXCLUSION OF PROPERTIES BUILT PRIOR TO JULY 1,
1987.
YOURS TRULY,
ONIA M. CAMPBELL? PRIES.,
EL PASEO BUSINESS ASSOCIATION
BOARD OF DIRECTORS
SMC:PSC
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
I
vly.ury
Chapter 2529
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections:
25.29.010 Intent and purpose.
25.2y029 Permitted use;.
2529.030 Conditional uses.
25.29.010 Intent and purpose.
El Pasco is designed as a pedestrian specialty re-
mil/personal services district.The success of a pedestrian
commercial district is dependent upon the creation and
maintenance of a continuous succession of diverse but
compatible businesses which attract and sustain pedestrian
interest. To encourage this continuous pattern of
pedestrian-oriented uses this chapter shall regulate the type
of new uses which may occupy El Pasco streat-level
commercial frontage constructed after July 1.1987.(Ord.
511 (Exhibit A) (part), 1987)
2529.020 Permitted uses.
The following retail/personal service uses shall be
liberally construed to be permitted uses within the El Pasco
pedestrian commercial overlay:
A. Art galleries;
B. Book and card shops;
C. Clothing and apparel shops,
D. Furniture stores and home furnishings;
E. Gift and accessories boutiques (including small
antiques);
F. Jewelry shops;
G. Liquor, beverage and food item shops;
K Luggage shops;
L Personal c rt4xoductc shops and services(=luding
barbering and cosmetology);
J. Restaurants;
YL Sundries shops(general merchandise).(Ord. 511
(Exhibit A) (par), 1987)
25.29.030 Conditional uses.
The planning commission may.by conditional use permit
approve commercial uses not listed above if they are .
determined to be compatible with the intent and purpose
of this chapter. (Ord. 511 (Exhibit A) (part), 1987)
389 (Palm D�7.92)
Paseo Collection North El RURAL STORES INC David Linder&Barbara Linder
73061 El Pasco#205 73350 El Pasco#103 PO Box 6248
Palm Desert, CA 92260 Palm Desert, CA 92260 Carson,CA 90749
W RAY HENDERSON MD INC Gary Lyons EL PASEO PARK PLAZA&FSE DESE
73180 El Pasco 4151 State St 73061 El Paseo#205
Palm'Desert, CA 92260 Erie,PA 16508 Palm Desert, CA 92260
FIDELITY FEDERAL SVG&LOAN ASS Pasco Collection North El Marilyn Yokaitis
PO Box 1631 73061 El Paseo#205 31 Churchill Ln
Glendale, CA 91209 Palm Desert, CA 92260 Rancho Mirage, CA 92270
DAKRALDA INVESTMENTS Walter&Joyce Wayman Harold McCormick&Myrna McCormick
74-075 El Paseo B-3 75370 Fairway Dr 46960 Amir Dr
Palm Desert, CA 92260 Indian Wells, CA 92210 Palm Desert,CA 92260
Gary Smitson Vaughn Edgar& Susan Edgar DAKRALDA INVESTMENTS
73330 El Pasco 711 Lido Park Dr#B 74-075 El Paseo B-3
Palm Desert,CA 92260 Newport Beach,CA 92663 Palm Desert, CA 92260
David Hyman Geraldine Koffman&F Steinback Robert Money&Edith Morrey
11726 San Vicente Blvd#670 68 Mayfair Dr 900 Island Dr#109
Los Angeles, CA 90049 Rancho Mirage,CA 92270 Rancho Mirage, CA 92270
Wayne Craycroft&Cott Craycroft Michael Vano&Joanne Vano William Schildge Jr.
PO Box 2175 45 Manzanita Ct PO Box 1017
Rancho Mirage, CA 92270 Millbrae, CA 94030 Cardiff, CA 92007
BEAVER PROPERTIES L P Neil&Comelli McElrath William Kellogg&Jeffrey Wilson
73730 El Paseo Neil&Cor McElrath 73710 Fred Waring Dr#208
Palm Desert, CA 92260 PO Box 59918 Palm Desert, CA 92260
Los Angeles, CA 90059
Dunn Loring R V MANAGEMENT COMPANY Jerry Mendleson
PO Box 843 NO STREET NAME or NUMBER 45120 San Pablo Ave#2b
Rancho Mirage,CA 92270 CA Palm Desert, CA 92260
Jeanne Ruthann Akin Jerry Mendleson BB&J PROP
73910 El Pasco 45120 San Pablo Ave#2b 3187 Red Hilt Ave
Palm Desert, CA 92260 Palm Desert, CA 92260 Costa Mesa, CA 92626
Janice Schmid&Richar Kitagawa Harold McCormick&Myma McCormick " R V MANAGEMENT COMPANY
483151 Avenue 50#52 46860 Amir Dr NO STREET NAME or NUMBER
Coachella,CA 92236 Palm Desert,CA 92260 CA
R V MANAGEMENT COMPANY PLAZA PORTOLA ASSOCIATES L L C BANK OF AMERICA NATL
73890 El Paseo 136 E S Temple#1500 PO Box 37000
Palm Desert,CA 92260 Palm Desert, CA 92260 San Francisco, CA 94137
Manuel Caldera Byron Radaker Paseo Collection Game El
74900 Us Highway 111 #221 PO Box 1906 5900 Wilshire Blvd#600
Indian Wells, CA 92210 Palm Springs, CA 92263 Los Angeles, CA 90036
David Langman&Arline.Langman VISTA FINANCIAL&RINGOOD INC James&Dianna Waller
294 Robertson Blvd 3550 Wilshire Blvd#1616 Family Trust Waller
Beverly Hills, CA 90211 Los Angeles,CA 90010 PO Box 85
Glenbrook,NV 89413
David&Arline Langman David&Arline Langman VILLAGE ZOO LTD
Family Langman Family Langman 73405 El Paseo
249 S Robertson Blvd 249 S Robertson Blvd Palm Desert, CA 92260
Beverly Hills,CA 90211 Beverly Hills,CA 90211
Leon Nightingale&Jacqueli Nightingale ' EL PASEO PREMIER CENTRE Wolfgang Ley
45120 San Pablo Ave#2b 73061 El Paseo 4205 73811 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert,CA 92260
Jo McCart Jo McCart UNION BANK
PO Box 48777 PO Box 48777 530 B St#650
Los Angeles, CA 90048 Los Angeles, CA 90048 San Diego, CA 92101
Denise Roberge&Thomas Lowe
73520 El Pasco
Palm Desert,CA 92260
David Langman&Arline Langman BANK OF AMERICA NATL Byron Radaker
249 S Robertson Blvd PO Box 37000 PO Box 1906
Beverly Hills, CA 90211 San Francisco, CA 94137 Palm Springs, CA 92263
Bleeka Piu=elli Bleeka Pitmzzelli Joseph Lopresti&Lucy Lopresti
74212 Catalina Way 74212 Catalina Way PO Box 503
Palm Desert, CA 92260 Palm Desert,CA 92260 Palm Desert, CA 92261
Mary Dennison Frances DeNuit C&C INVESTMENTS
72393 Ridgecrest Ln 73350 Broken Arrow Trl 550 Park St#104
Palm Desert, CA 92260 Palm Desert, CA 92266 Alameda, CA 94501
Paul &Josephine Boelzner Cathy Urrutia Cathy Gheta
73139 Ajo Ln 2411 Hinson Rd 2411 Hinson Rd
Palm Desert, CA 92260 El Dorado,AR 71730 El Dorado,AR 71730
Robert Stewart Jr. Judith Stewart Ty& Sarah Sells
73350 El Pasco 4203 73920 Mountain View Ave 72795 Davis Rd
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert,CA 92260
Wayne Craycroft&Wayne Craycmft John&Janet Stanford
PO Box 2175 43725 Louisiana St
Rancho Mirage, CA 92270 Palm Desert, CA 92211
Motion Alexandre Studio Gary's Island
'73061 El Paseo # 3 73061 El Paseo #6 73061 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Desert, CA 92260
Tight Assets Nomads of the Desert Brisol Court
73130 El Paseo #H 73190 El Paseo # 1 73199 El Paseo # G
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Adams Bay Patchington Inc. Serena's Golf& Sport
73199 El Pasco#I 73200 El Pasco B # 4 73255 El Paseo #20
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Dakota Bar & Grill Salon Internationale Riley Golf
73260 El Paseo# lA/B 73280 El Paseo # 2 &4 73375 El Paseo # C
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hollywood Scoop Cafe Charisma Ristorante Caffe Valentino
73375 El Paseo #F 73375 El Paseo #I 73375 El Pasco #PQ & R
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
The Humidor Gallery El Paseo El Tecolote
73405 El Paseo # 3 1 A 73405 El Paseo # 3 1 C 73560 El Paseo ##E
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Mineral & Fossil Gallery Allegro Cafe Min's Art Gallery
73580 El Paseo # A 73655 El Paseo # G 73655 El Paseo #H
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
The Wedding Shop Le Peep Grill Union Bank
73655 El Paseo #N 73725 El Paseo #A-D 73785 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Classic Consignment Trust Deed Services Duke & Duches Beauty &Nail
73847 El Paseo # 12 & 13 73880 El Paseo #2 73920 El Paseo # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Martha' Gifts Inc. St. John's Boutique Club 74
73061 El Paseo# 5+ 73061 El Paseo# 8 73061 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
White House Euthoria Martha's Gifts
73061 El Paseo #2 73061 El Paseo#4 73061 El Paseo # 5
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Alexandre Studio St. Johns Boutique Club 74
73061 El Pasco # 6 73061 El Paseo# 8 73061 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Daily Grill The Forgotten Women Polo
73061 El Pasco 73106 El Paseo# 6 73111 El Paseo #A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Daniel Fox Premier Surgery Mister Marcus
73111 El Pasco 41-K 73180 El Paseo 73200 El Paseo # 3-A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Totaly Toons
73540 El Paseo # D&E 73560 El Paseo # C 73200 El Paseo # 3-C
Palm Desert, CA 92260 Palm Desert, CA 92260. Palm Desert, CA 92260
El Paseo Photo Ernest Brown Bead Store
73280 El Paseo # 2 73320 El Paseo #2 73382 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Tai Ping Roberge Corporation Hair Affair
73399 El Paseo 73520 El Paseo #L 73540 El Paseo #B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Santa Fe Ranch Catus Flower Shoe No Da Te
73560 El Paseo #D 73640 El Paseo #3 73655 El Paseo L&M
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Sunshine Travel & Cruise Carol's Hair Design Carmela Skin Care
73660 El Pasco#4 73730 El Paseo#6 73880 El Paseo# 3
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Shear Hair Center Simply Heaven Bed Bath &Me
73896 El Paseo #R12 73896 El Paseo 73900 El Paseo # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hillis Zantman Draper's &Damons
73910 El Paseo#A 73925 El Paseo#4 73930 El Paseo # A
Palm Desert, CA 92260 Palm Desert; CA 92260 Palm Desert, CA 92260
Kitchen Fancy Nora Martin Studio 960
73930 El Pasco#B 73956 El Paseo #A 73960 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Desert Fireplace Juarez Cedar Creek Inn
73990 El Pasco # 5 73151 El Paseo #F 73445 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Chevelles's Comerford's The Complete Home
73833 El Paseo 73740 El Paseo 73990 El Paseo # A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Imago Galleries Mona Cafe Bea's Swimwear
73970 El Paseo# 73770 El Paseo 73640 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Black Market Palm Desert Tabacco The Extra Mile
73100 El Paseo 73840 El Paseo 73470 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Brennen Gallery Liz Carter Designs Mayo's
73080 El Paseo #4 73660 El Paseo # 73990 El Paseo # 3
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Wayne's Collection Nikki's Dana Felice
73640 El Paseo# 7 73 El Paseo# 3 73 El Paseo L&M
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Eddie Dales Hale's Napa Tapa's
73990 El Paseo 73940 El Paseo 73940 El Paseo
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Nikki's Shawna's
73750 El Paseo 73750 El Paseo 73900 El Paseo # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
i
El Pasco Collection Daily Grill The Vault Fine Jewery
73061 El Pasco 73061 El Pasco 73080 El Pasco# 2
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Serena D' Italia California Pizza Kitchen Iris for El Pasco
73080 El Pasco# 5 73080 El Pasco # 8 73080 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Mondi International Chico's Whitt/Kruss
73100 El Pasco #A 73100 El Pasco # 31 73111 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Danskin Richard Galleries Nicole Adelson Galleries
73111 El Pasco 73130 El Pasco #A-B 73130 El Pasco # E
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Gallerie Vendome Joy Lynn Tin Soldier
73130 El Pasco # E&G 73130 El Pasco #F&G 73130 El Pasco #L
Pahn Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Bonnie Gordon Earth Spirits Coda Gallery
73130 El Pasco # M 73130 El Pasco# N 73151 El Pasco # C
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Palm Springs Reservations Newporter Travel Air Dreams
73160 El Pasco # 5 73150 El Pasco 73170 El Pasco #2&4
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
It's Sensational Leeds & Sons Jewelers Quiet Storm
73199 El Pasco #H 73199 El Pasco #J 73255 El Pasco# 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Troy Mom's Silk Flowers & Trees Studio 10
73255 El Pasco # 2&3 73260 El Pasco# 3-A 73280 El Pasco # 1
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Gold Shoppe Neilsen Jewelers 4 Seasons Swimwear
73320 El Pasco # 1 73290 El Pasco #2 73374 El Pasco #
Palm Desert, CA 92260 Palm Desert, CA 92260 Pahn Desert, CA 92260
t • ,
'Amanda Grace Graphic Gallery Storekeeper
73375 El Pasco #D 73375 El Pasco #E&F 73375 El Pasco# K
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Countess Mara Diamonds By Klure Elegante Jewelry
73375 El Pasco #M 73375 El Pasco # O 73330 El Pasco #B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hecht Charles Galleries Classic Doll Shoppe Tennis Buff
73375 El Pasco 73386 El Pasco 73398 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Desert Tennis Boutique Icings My Mother's Garden
73405 El Pasco #31B 73425 El Pasco #C 73425 El Pasco # 21-A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Upper Crust Cooking Co. Pampered Bath Palm Desert Coin Co.
73540 El Pasco # D&E 73560 El Pasco # C 73580 El Pasco # B
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Mr. Music Cafe Des Beaux Carl Martin's Desert Shop
73580 El Pasco # C 73640 El Pasco# 1-4 73655 El Pasco # D
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
L'Affaire Boutique Ted Land Palm Desert National Bank
73660 El Pasco # B2 73725 El Pasco # 23A 73745 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Ristorante Mama Gina Aviar Travel San Luis Rey Center
73705 El Pasco # 30B 73725 El Pasco#23B 73725 El Pasco
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Sandpiper Collection Bank of America The Dressing Room
73750 El Pasco# C 73820 El Pasco # 3-A 73833 El Pasco # 102
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Looking Good Spectacular Shades Place Verdome
73890 El Pasco # 9 & 10 73910 El Pasco # C &D 73950 El Pasco #
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
� t f
Deluca Jewlers Morre Fashions Dana Felice
73655 El Paseo#F 73690 EI Paseo 73540 El Paseo #A
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
J. Lewis Bowkers Glez&Harkins BG's Eclectic
73260 El Paseo # 1 B 73190 El Paseo#2 73100 El Paseo # 5
Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260
Hagair Shoe
73640 El Pasco #2
Palm Desert, CA 92260
CITY OF PALM. DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST: Consideration of approval of an amendment to
the E1 Paseo Pedestrian Commercial Overlay Zone
III . APPLICANT: City of Palm Desert
IV. CASE NO. : ZOA 96-3
V. DATE: October 10, 1996
VI . CONTENTS:
A. Staff Recommendation
B . Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 96-3
E. Planning Commission Resolution No. 1764
F. Planning commission Staff Report dated September 17, 1996
G. Related maps and/or exhibits
A. STAFF RECOMMENDATION:
Continue public hearing to October 24 , 1996 by minute motion.
Due to concerns about the impact of the proposed ordinance
amendment on banking uses, the El Paseo Business Association
Board will be reexamining the ordinance at their October 17 ,
1996 meeting. Their recommendation will be forwarded to the
Council for the October 24 meeting.
B. DISCUSSION:
I . BACKGROUND:
In 1987 the city created the El Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core Specific
Plan. The 1987 ordinance restricts street fronting first floor
uses to pedestrian oriented retail and personal service
businesses . It was intended to apply to all new businesses on
E1 paseo between Highway 74 and Portola Avenue . The goal was
TRANSMITTAL LETTER
ZOA 96-3
OCTOBER 10, 1996
to create a continuous succession of pedestrian oriented
storefronts .
During the processing of the 1987 ordinance there was
considerable input from businesses which would be excluded from
occupying E1 Paseo street-level commercial frontage by the
ordinance . As a result the ordinance, as adopted, only applied
to commercial frontage constructed after July 1, 1987 .
II . ANALYSIS :
At the request of the E1 Paseo Business Association the city
has initiated this proposed amendment . The Association -is
concerned that all vacant space on E1 Paseo, between Portola
Avenue and Highway 74 , be filled with only retail pedestrian
oriented businesses .
This amendment will remove the 1987 exclusion and apply the
restriction to all new tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify
intent of the ordinance .
III . PLANNING COMMISSION HEARING AND ACTION:
One person spoke at the Planning Commission hearing and
expressed support for the proposed amendment . Following
further discussion the Planning Commission, by its Resolution
No. 1764, unanimously (5-0) voted to recommend approval of Case
ZOA 96-3 to the City Council .
Prepared by:
Reviewed and Approved by---: J�
SS/db: tm
2
CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST: Consideration of approval of an amendment to
the E1 Paseo Pedestrian Commercial Overlay
Zone
III . APPLICANT: City of Palm Desert
IV. CASE NO. : ZOA 96-3
V. DATE: October 10, 1996
VI . CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 96-3
E. Planning Commission Resolution No. 1764
F. Planning commission Staff Report dated September 17, 1996
G. Related maps and/or exhibits
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second
reading.
B. DISCUSSION:
I . BACKGROUND:
In 1987 the city created the E1 Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core
Specific Plan: The 1987 ordinance restricts street fronting
first floor uses to pedestrian oriented retail and personal
service businesses . It was intended to apply to all new
businesses on El paseo between Highway 74 and Portola Avenue .
The goal was to create a continuous succession .of pedestrian
oriented storefronts.
During the processing of the 1987 ordinance there was
considerable input from businesses which would be excluded
from occupying E1 Paseo street-level commercial frontage by
the ordinance . As a result the ordinance, as adopted, only
applied to commercial frontage constructed after July 1 , 1987 .
TRANSMITTAL LETTER
ZOA 96-3
OCTOBER 10, 1996
II . ANALYSIS :
At the request of the E1 Paseo Business Association the city
has initiated this proposed amendment . The Association is
concerned that all vacant space on E1 Paseo, between Portola
Avenue and Highway 74 , be filled with only retail pedestrian
oriented businesses .
This amendment will remove the 1987 exclusion and apply the
restriction to all new tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify
intent of the ordinance .
III . PLANNING COMMISSION HEARING AND ACTION:
One person spoke at the Planning Commission hearing and
expressed support for the proposed amendment . Following
further discussion the Planning Commission, by its Resolution
No. 1764, unanimously (5-0) voted to recommend approval of
Case ZOA 96-3 to the City Council .
Prepared by: �< _
Reviewed and Approved b
PP Y:
SS/db
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING AN AMENDMENT TO ORDINANCE
SECTION 25.29, EL PASEO PEDESTRIAN
COMMERCIAL OVERLAY ZONE
CASE NO. ZOA 96-3
WHEREAS, the City Council of the City of Palm Desert,
California, did on the loth day of October, 1996, hold a duly
noticed public hearing to consider amending Section 25 .29 - the E1
Paseo Pedestrian Commercial Overlay Zone; and
WHEREAS, the Planning Commission, by Resolution No. 1764, 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. 80-89, " 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 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 affected 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 it does hereby approve ZOA 96-3 as provided in the
attached exhibit labeled Exhibit "A" .
ORDINANCE NO.
3 . The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of
general circulation, printed, published, and circulated
within the City of Palm Desert, and the same shall be in
full force and effect thirty- (30) days after its
adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council
this day of 1996, by the following vote,
to wit :
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
2
ORDINANCE NO.
EXHIBIT "A"
Section 1: That Section 25 .29 . 010 of the code of the city of
Palm Desert, be and the same is hereby amended to read as follows:
25.29 .010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest . To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy E1 Paseo street-level commercial
frontage .
3 �
PLANNING COMMISSION RESOLUTION NO. 1764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO THE EL PASEO
PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA 96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed
public hearing to consider an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone Chapter 25 .29; 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 to exist
to justify their actions :
1 . The proposed amendments are consistent with the Commercial
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the E1 Paseo area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic.
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 ZOA 96-3, Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996, by
the following vote, to wit:
AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
1L (2 ,
PAUL R. BEATY, Chai erson
ATTEST:
PHI IP DREL ecretary
Palm Desert lann-ing--Commission
PLANNING COMMISSION 'RESOLUTION NO. 1764
EXHIBIT A
Section 1: That Section 25.29 .010 of the Code of the City of Palm
Desert, be and the same is hereby amended to read as follows:
25 .29 . 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest . To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy El Paseo street-level commercial
frontage.
2
25.29.010
Chapter 25.29
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections:
25.29.010 Intent and purpose.
2529.020 Permitted uses.
25.29.030 Conditional uses.
a 25.29.010 Intent and purpose.
►JI E1 Paseo is designed as a pedestrian specialty re-
tail/personal services district. Ilse success of a pedestrian
commercial district is dependent upon the creation and
maintenance of a continuous succession of diverse but
compatible businesses which attract and sustain pedestrian
interest To encourage this continuous pattern of
pedestrian-oriented uses,this chapter shall regulate the type
of new uses which may occupy El Paseo street-level
commercial frontage constructed after July 1.1987.(Ord.
511 (Exhibit A) (part). 1987)
2529.020 Permitted uses.
The following retaillpersonal service uses shall be
liberally construed to be permitted uses within the El Pasco
pedestrian commercial overlay:
A. Art galleries:
B. Book and cud shops:
C. Clothing and apparel shops.
D. Furniture stores and home furnishings:
E. Gift and accessories boutiques (including small
antiques):
F. Jewelry shops:
G. Liquor,beverage and food item shops:
K Luggage shops;
I. Personal c te/products shops and services(including
barbering and cosmetology);
J. Restaurants;
K. Sundries shops (general merchandise). (Ord. 511
(Exhibit A) (part), 1987)
25.29.030 Conditional uses.
The pluming commission may.by conditional use permit
approve commercial uses not listed above if they are
determined to be compatible with the intent and purpose
of this chapter. (Ord. 511 (Exhibit A).(part), 1987)
i
389 (poke Da,.7.92)
Wayne H. Craycroft
P.O. Box 2175
Rancho Mirage, California S2270
(B 19J 346-0050
October 9, 1996
�► a Ian
City Council Members
City of Palm Desert ///✓✓✓'
73-510 Fred Waring Drive "`G DATE v
Palm Desert, CA. 92260 _ n
ATTN: Sheila R. Gilligan, City Clerk
RE: Case No. ZOA 96-3
Public Hearing
- October 10, 1996, 7.00 p.m
Dear Ms. Gilligan & City Council Members:
I own the retail/professional office building located at
73-700 El Paseo. I object to the amendment as proposed since
it adversely affects my property.
The building was originally built as a Real Estate office for
Holiday Realty, which they occuped for many years. The past two
years it has once again been a high-end Real Estate office,
"Ocotillo Properties", which certainly generated an admirable
pedestrian oriented situation. I have noticed many times more
people stopped looking at pictures of the real estate offerings
which they presented, than at the surrounding retail shops.
I currently have the property leased to Canavan Coit, Inc. ,
representing Christie's Great Estates, another high-end Real Estate
office. In the future I do not feel that a conditional-use
permit must be obtained for a Real Estate office that presents their
offerings in an attractive and eye catching manner.
I. suggest that in Chapter 25.29, E1 Paseo Pedestrian Commercial
Overlay Zone, Section 25.29.010, Permitted uses, that Real Estate
offices be added as a retail/personal service use within the
E1 Paseo pedestrian commercial overlay.
Thanking you in advance for your consideration and courtesy in denying
or appropriately modifying this proposed amendment.
Sincerely',
.�
WAS'NE H. CRAYCROFT ^2''�
WALTHER, KEY, MAUPIN, OATS
STEVEN T. WALTHER COX, KLAICH & LEGOY TELEPHONE
JON J. KEY ATTORNEYS AT LAW •' -� ! (702)827-2000
ERNEST J. MAUPIN - �.^ - Lv
FRED L.OATS LAKESIDE PROFESSIONAL PLAZA FACSIMILE
C. ROBERT COX 3500 LAKESIDE COURT _
LI
L. ROBERT LcGOY,JR. rl.�.- [)Ij} . (702)82 T 2185
MICHAEL E. MALLOY KENO, NEVADA B99f1T'J r 1 7 I I �J —
W. DOUGLASS MAUPIN J� VU I OF COUNSEL
G. BARTON MOWRY P. O. BOX 30000 _ DANIEL J. KLAICH
KIM G. ROWE RENO, NEVADA 8952�:_. -i •y _
PROCTER J. HUG - I I I`•"-
DONALD A. LATTIN
li 1 VLL�\I\
PAUL J.ANDERSON
GUSTAVE J. ROSSI
ROBERT A.WINKEL
R.SCOTT JAMIESON October 4, 1996
KURT O. HUNSBERGER -
MICHAEL A.H R 0.J IM CHRISTOPAGEMA PACKET
MELISSA P. BARNARD I%
RICK R. HSU sECT30(�
MICHAELLE D. RAFFERTY
MEETING DATE�Q�1Q __ q
VIA FACSIMILE (619 ) 340-0574 1
AND FIRST CLASS MAIL
City Council
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Dear Mayor Snyder and Council Members :
This firm represents Jacqueline E. Nightingale, the Trustee of
The Leon R. Nightingale Family Trust, which is the owner of the San
f
Luis Rey Center on E1 Paseo. Mrs . Nightingale has fu
rnished me
with a copy 9 of the legal notice regarding the proposed amendment to
the zoning classification that would limit the type of new tenants
which may occupy E1 Paseo street-level commercial frontage between
Portola Avenue and Highway 74 . Palm Desert National Bank is a
tenant of the San Luis Rey Center, and it occupies street-level
space. Other commercial tenants who are not engaged in "pedestrian
oriented retail/service uses" occupy, other first floor street
frontage space within the Center. Those tenants provide services
for which there exists a substantial demand, and they provide an
ideal tenant mix for the Center and adjoining properties.
Our understanding of the proposed amendment is that banking
and other commercial uses that are not considered to be "pedestrian
oriented retail/service uses" would be prohibited for new tenants .
Although existing tenants would be "grandfathered, " the existing
tenants would be unable to sell their businesses to new tenants who
desire to continue the same types of businesses . If our
interpretation of the proposed ordinance is correct, then its
application would appear to be an unconstitutional governmental
taking without compensation and without due process of law. Please
be. advised that Mrs. Nightingale strongly opposes the proposed
ordinance, and if it is passed, she intends to judicially challenge
its constitutionality. In order to be constitutional, the
n, WALTHER, KEY, MAUPIN, OATS
COX, KLATCH & LEGOY
City Council of Palm Desert
October 4, 1996
Page 2
ordinance must, at a minimum, . permanently "grandfather" existing
uses regardless of any future change of ownership.
We urge you to reject the proposed amendment and to leave the
current ordinance intact. That ordinance is constitutional and
should accomplish the desired objectives .
We would appreciate your serious consideration of our
concerns .
Sincerely yours,
Ernest J. Maupin
EJM:kem
c: Mrs . Jacqueline E. Nightingale
Mrs . Lori Speer (Via Facsimile ( 619 ) 341-7808)
ROBE$T J. SILvERbi.&N
ATToaxxy AT LAw
2223 5ANTA CLARA AVIINiiE. SUITE n
ALAMF.I?A. rAJIVOIWI 04901-661a '
T8YPP80NE 1510) 665-2223
PAX 1510; 005-0016
October 9, 1996
V7A PACOXXXLE AND REGULAR MAIL
(619) 340-0574
city Council Members
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Sheila Gilligan, City Clerk
Re: case no. ZOA96_3,
Public Hearing to be held October 10, 1996, 7:00 P.M.
Dear Ms. Gilligan and City Council Members:
The undersigned represents Duane Cotta, the owner of the
. condominium office suite on the first floor of the building known
as 73-350 E1 Paseo. My client strongly objects to the proposed
amendment, as written. it unfairly discriminates against, and.will
serve to seriously devalue, my client's property and the property
owned by the thirteen other condominium office suite owners in this
building.
As you may know, this building was built in the early 1970's
and is unique, It is strikingly different than any other building
on El Paseo in that: the first floor is substantially set back from
the street; the exterior windows and building facade are not suited
for signage and window display necessary for traditional personal
service retail use; the building has very limited parking; the
first floor suite has been used successfully by professional
service businesses for many years and unsuccessfully by several
prior personal service retail businesses (who have all closed
because of a lack of business) ; and the redesign and construction
necessary to convert the first floor to space appropriate for
traditional retail use would be practically impossible and
prohibitive.
Phillip Drell, your Director of community Development wrote a
letter dated August 30, 1996 to affected property owners. The
letter stated, in pertinent part, that the amendment is meant to
enhance the retail environment on E1 Paseo by filling ail vacant
space with only pedestrian oriented businesses, and that only
r .
=h
ROBERT J. SILVL' R1kA W
city Council Members
October 9, 1996
Page 2
strict enforcement of the regulation would assure the long-term
health of the high quality retail environment. The E1 Paseo
Business Association's goal in filling vacant space with only
pedestrian oriented businesses does not require all use to be
traditionally retail in nature. The continued use of my client's
property for professional service businesses also helps achieve the
Association's goal. Certainly, many professional service
businesses generate as much, if not more, pedestrian traffic than
some personal service retail uses. In addition, strict enforcement
of the proposed regulation against a property owner like my client
who continues to make business use of his distinct property in a
responsible manner, as he has done for many years, is not necessary
or appropriate to "assure the long-term health of the high quality
retail environment of E1 Pasoo".
The City's Legal Notice dated September 26, 1996, published by
Ms. Gilligan, states, in pertinent part, that the ordinance (as
currently written and as proposed to be amended) requires new uses
to be "pedestrian oriented retail/service uses. " Arguably, my
client's use as a professional service business is retail in nature
and therefore conforms with the use allowed by the proposed
ordinance. consequently, my client should not be required to apply
for and obtain a conditional use permit to continue his present
use. The above-referenced Legal Notice also refers to "first floor
street Pro -spaces". My client could reasonably take the position
that his property is not "street front" because his space truly
does not front the street, but is rather set way back as I have
described above.
Notwithstanding the foregoing arguments that my client's
current use is permitted by the proposed amendment or that my
client's property is exempt based on the definition of affected
properties, I urge you to deny the proposed amendment as written.
Alternatively, I strongly recommend that the proposed amendment
language be modified to make it clear that my client's current use
- for a professional service business (to accommodate real estate
offices and other non-traditional retail businesses) is permitted.
As a final alternative, I would strongly urge you to specify that
the property owners in my client's building are specifically exempt
from the use restrictions or that these property owners are
expressly permitted a broader range of commercial uses because of
the unique nature of the building.
I highly recommend that before making a decision, you try to
put yourself in my client's shoes. Please take an opportunity to
drive by or walk by my client's property, if you have not already
ROBERT J. SIZb'FBDSA_V
City Council Members
October 98 1996
Page 3
Bona so. I am certain that even a brief visit by you will confirm
the fact that my client will be unfairly and inappropriately
subject to a deterioration of his property value if this unclear
and overbroad proposed amendment is passed. Although I trust that
you, the local business association and other citizens who have
been instrumental in proposing this amendment have the best
intentions, you should recognize that its passage would be unjust
to my client - a reasonable and responsible property owner in your
community.
Thank you ' kindly for your serious consideration of the
foregoing, and you anticipated courtesy and cooperation in denying
or appropriately modifying the proposed zoning amendment.
Respectfully
yours, j
Robert J. Silverman
RJSsjs
cc: Duane Cotta, Craycroft & COtta Investments
City of Palm Desert
73-SIC FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578
TELEPHONE(619)346-0611 FAX(619)341-7098
AGENDA PACKET
August 30, 1996 SECTION _ y
MEETING DATE_/i
Dear El Paseo Business and Property Owner:
At the request of the E1 Paseo Business Association, the City has
initiated an amendment to the zoning ordinance as it relates to
permitted uses which may occupy E1 Paseo street-level commercial
frontage.
This amendment will enhance the retail environment on E1 Paseo. The
Association is concerned that all vacant space on El Paseo, between
Portola Avenue and Highway 74, be filled with only pedestrian oriented
businesses.
Ultimately, strict enforcement of the regulation will assure the long
term health of the high quality retail environment of E1 Paseo.
Should you have any questions, please do not hesitate to contact me or
Steve Smith.
Sincerely,
RECEIVED
,A ��)" L.fs.._ OCT - 7 1996
PHILIP DRELL COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR OF COMMUNITY DEVELOPMENT CRYOF PALM DESERT
/tm
3..
T 1:
- E,
Robert W. Stewart, Jr.
e� A Law Corporation MEETii46 fJi►TE
RosT W.STEwMT.M. 73-350 El Paseo,Suite 203 f"7/9 L
Palm Desert, Celifomia 92260
6191 346.7427 • FAX 6191 346-6110
October 2, 1996
Sheila R. Gilligan, City Clerk
City of Palm Desert, CA
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Case No, ZOA 96-3
Public Hearing - October 10, 1996, 7:00 p.m.
Dear Ms. Gilligan:
I am the owner of two condominium office suites on the second floor of the building
known as 73-350 El Paseo. I own suites 203 and 204. 1 object to the amendment as
proposed as it adversely effects my property. The reasons for my objections are as follows:
1. A pedestrian oriented retail/service use is not what the building was designed
for. Our building has limited parking spaces and we have inadequate parking to facilitate
retail use. This would impact my business with clients not being able to find adequate
parking in our parking lot. In addition, since the building at 73-350 El Paseo, was
constructed as an office professional/retail building, it is not of a design that would be
conducive to purely retail use. The building is substantially set back from the sidewalk and is
one of the only buildings on El Paseo which is situated with the grass area in the front of
the building. Because of our overhang, it is difficult to see inside of the windows on the first
floor and because of these factors it would be difficult if not impossible for the owners on
the first floor to rent their space as purely retail. This would cause vacancies in the building
and create additional problems for the building.
Based upon these reasons, I strongly object to the proposed amendment and if an
amendment were suggested, I would.suggest that the ordinance be amended to delete the
"built after July 1, 1987" and replace that with "built after July 1, 1975". This would
exclude the building at 73-350 El Paseo, from the ordinance.
Very truly.yours,
ROBERT W. STEWART, JR. r> co
c;
r—
Rdbert W. Stewart, Jr. �.
b
RWS/dbm.
r
.ry
COBLE EL PASEO OWNERS ASSOCIATION
ROa6R W.STEwaar..m. 73-350 El Poses, Suite 203
President Palm Desert, California 92260
6191 346-7427 • FAX 6191 346.6110
October 2, 1996
Sheila R. Gilligan, City Clerk
City of Palm Desert, CA
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: Case No, ZOA 96-3
Public Hearing - October 10, 1996, 7:00 p.m.
Dear Ms. Gilligan:
This letter is being written on behalf of Coble El Paseo Owner's Association. Coble El Paseo
Owner's Association is a property owner's association for the building located at 73-350 El
Paseo, Palm Desert, California. Our building is approximately 14000 square foot
condominium office building consisting of 14 units. The building was constructed in 1973
and was designed as a office professional/retail building. Our building is one of the only
ones on El Paseo that is not immediately close to the sidewalk and has a substantial set
back with grass in the front of the building. The property owner's of this condominium
complex object to the proposed amendment on the following grounds:
1. The bottom floor of our building is not suited for only retail/service uses.
When the building was built, it was built as an office professional/retail building and it
complied with all of the existing requirements for parking. If the new amendment goes into
effect we have inadequate parking for a retail type building. In addition, the design of the
building would not be conducive to retail since the setback from the sidewalk is substantial.
If would be cost ineffective to remodel the building and in addition it would require the
consent of all the property owners.
Based upon the foregoing and the substantial adverse, negative impact this
amendment will have on the building of 73-350 El Paseo, the property owner's respectfully
request that the amendment as currently set forth be denied.
r✓
Very truly yours, c-
ROBERT� . STEWART, J r
Robert W. Stewart, r., President r
a�
Coble El Paseo Owner's Association
RWS/dbm.
Boelzner & AssoAtes Insurance Servic , Inc.
P.O. Box 269
73-350 El Paseo. Suite 107 -
Palm Desert,CA 92261 -
Telephone(619)773-5671
Fax(619)773-5672
October 3, 1996
Sheila R. Gilligan, City Clerk
City of Palm Desert, CA.
73-510 Fred Waring Drive
Palm Desert, CA. 92260
Re : Case No. ZOA 96-3
Public Hearing - October 10, 1996, 7:00 P.M.
Dear Ms. Gilligan:
I recently purchased my condominium office suite. Our building is located at
73-350 Ell Paseo. It is called COBLE EL PASEO building.
Had I known of the pending amendment as proposed, 1 would not have
purchased my suite. I am on the ground floor, suite 107.
It is my understanding that our building was designed as a professional office
building and anyone who is familiar with our location must agree that we certainly
would represent pretty shabby retail space if forced to comply with your proposed
amendment. We are set back from the sidewalk with a grass area in front of the
building. There are 14 units with at least 12 separate owners.
I strongly object to the proposed amendment I request that at least an exception
for our building be considered.
I am confident when you visit our location you too will agree that the proposed
amendment in respect to our building most certainly would create an adversity for
all concerned, owners and the city as well.
Sincerely,
��
�j � -
Paul W. Boelzner, Jr. r_
President/owner
PWB /jc
cc : Coble El Paseo Owners Association.
SecudGn Offered Through:Locust Street Securities,Inc.(5151 245,6853 Home Offices 699 Walnut Street,De.Moire.,Iowa 30309
r
DESE .. r PERSONNEL SEE ICES
96 Ou T 7 Pal 2 U,b
October4, 1996 C17`i'CLE%K'S riC_
Sheila R. Gilligan, City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA ' 92260
RE: Case No, ZOA 96-3
Public Hearing - October 10, 1996, 7:00 P.M.
Dear Ms. Gilligan:
We are co-owners of a condominium office suite at 73-350 El Paseo. We own suite 205.
Because it adversely effects our property, we object to the amendment above. The reason
for our objections are as follows:
The building at 73-350 El Paseo was not designed for pedestrian oriented retail/service.
It was designed as a professional office building. The building is substantially set back
from the sidewalk and is one of the only buildings on El Paseo which is situated with the
grass area in the front of the building. Because the first floor is below street level and
there is an overhang from the second floor caused by the walkway, it is difficult if not
impossible, to see inside the windows of the first floor. It would be troublesome for
owners to rent these lower spaces for purely retail use. This would cause vacancies in
the building and create additional problems for the building.
For the above reasons we would object to the amendment as stated. May we suggest an
amendment to the ordinance? Delete the "built after July 1, 1987" and replace that with
"built after July 1, 1975." This would exclude'the building at 73-350 El Paseo from the
ordinance which in turn would help insure full occupancy of all suites.
Sincerely,
DESERT PERSONNEL SERVICE,INC
.Ty and Sarah Seils
73-350 El Paseo Suite 205
Palm Desert,CA 92260
619-346-3945 tel 619-346-2455 tax
11I
AKABEL, KRIEGER ANDILMETH G,G.KRIEGER,JR..P.A.
— Certified Public Accountants DAVID I.ABEL.C.P.A.
A Plolesslonai corporation _ ROBERT D.WILMETH.JR..C.P.A.
October 4, 1996
Sheila R. Giiligan, City Clerk U
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA .92260
RE: Case #ZOA 96-3
Public Hearing October 10, 1996
We are the owners of two office suites located within the Coble El Paseo Building,
73-350 El Paseo, Palm Desert. In response to your Case#ZOA 96-3, we object to
the amendment as proposed as it adversely affects our property. Following are the
reasons for our objections:
This building was not designed to accommodate pedestrian oriented retail/service use.
Our building has limited parking spaces and we have inadequate parking to facilitate
retail use. This would impact our business with clients not being able to find adequate
parking in our parking lot. Since the building was constructed as an office
professional/retail building, it is not of a design that would be conducive to purely retail
use.
In addition, the building is substantially set back from the sidewalk and is one of the only
buildings on El Paseo which is situated with the grass area in the front of the building;
and because it has an overhang, it is difficult to see inside of the windows on the first
floor. Because of these factors, it would be difficult, if not impossible, for the owners
on the first floor to rent their space as purely retail. This would cause vacancies and
create additional problems for the building.
Based upon these reasons, we strongly object to the proposed amendment and if an
amendment were suggested, we would suggest that the ordinance be amended to delete
the wording"built after July 1, 1987"and replace that with "built after July 1, 1975" .
This would exclude the building from the ordinance.
Sincerely yours,
ABEL, KRJEGER& WILMETH
David L. Abel, CPA
DLA:ac
73-350 EL PASEO, SUITE 201, PALM DESERT, CA 92260, (619) 346-7413, FAX (619) 568-6839
Y
WALT HE R, KEY, MAUP(N, OATS
STLV�N T, WALY KE% COX, KLAICH & LEGOY _ TELICPNDNL
JON J. FAY ATTORNEYS AT LAW I\"�' ' '"' (70EJ BE7•E000
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PROCTER J.MUD
OONALD A.LATTIN
PAU'_J.ANDERSON
DU^.T.0 J. ROSSI
NDRYRT A.WINKEL
R.SCOTT JAMIESON October 4, 1996
KURT O.MUNSSERDEP
M:CMAEL A.NIVIN9KUS
CITRISTOPMER 0.JAIME
MELISSA P. 9ARNAFD
RICK R. HSU
µ ICHAELLF D. RAFFCP"
VIA FACSIMILE (619 ) 340-0574
AND FIRST CLASS MAIL
City Council
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Dear Mayor Snyder and Council Members:
This firm represents Jacqueline E. Nightingale, the Trustee of
The Leon R. Nightingale Family Trust, which is the owner of the San
Luis Rey Center on El Paseo. Mrs. Nightingale has furnished me
with a copy of the legal notice regarding the proposed amendment to
the zoning classification that would limit the type of new tenants
which may occupy E1 Paseo street-level commercial frontage between
Portola Avenue and Highway 74. Palm Desert National Hank is a
tenant of the San Luis Rey Center, and it occupies street-level
space. Other commercial tenants who are not engaged in "pedestrian
oriented retail/service uses" occupy other first floor street
frontage space within the Center. Those tenants provide services
for which there exists a substantial demand, and they provide an
ideal tenant mix for the Center and adjoining properties.
Our understanding of the proposed amendment is that banking
and other commercial uses that are not considered to be "pedestrian
oriented retail/service uses" would be prohibited for new tenants .
Although existing tenants would be "grandfathered, " the existing
tenants would be unable to sell their businesses to new tenants who
desire to continue the same types of businesses. If our
interpretation of the proposed ordinance is correct, then its
application would appear to be an unconstitutional governmental
taking without compensation and without due process of law. Please
be advised that Mrs. Nightingale strongly opposes the proposed
ordinance, and if it is passed, she intends to judicially challenge
its constitutionality. In order to be constitutional, the
WALTHER. KEY, MAUPIN, OATS
COX, KLAICH & LEGOY
City Council of Palm Desert
October 4, 1996
Page 2
ordinance .must, at a minimum, permanently "grandfather" existing
uses regardless of any future change of ownership.
We urge you to reject the proposed amendment and to leave the
current ordinance intact. That ordinance is constitutional and
should accomplish the desired objectives.
We would appreciate your serious consideration of our
concerns.
Sincerely yours,
Ernest J. Haupin
EJMskem
c: Mrs . Jacqueline E. Nightingale
Mrs . Lori Speer (Via Facsimile (619) 341-7808)
i rocopio AI _ORY PHILIP 1.CIACINTI,JR. U1 W.EICNER PATRICK C.VALEN INO
w Cory EA7..__:UELSAVTICFI STEVEN J.ONIIEDT .AASW.TURNER,JR MICHELE S.POLOM
PAUL B.WELLS STEVEN M.SIRAUSS JOHN J.LORMON JENNIFER A.WOO
roDD E.LEIGH CRAIG P SAPIN JACOB C.RE NBOLT
Hargreaves JEFFREY ISAACS ROBERT K BUTTERFIELD,JR. MATTHEWWARGUE
ROBERT 1.BERTON MICHAEL 1.KINKELAAR JEFFREY M.BYER
• FREDERICK K KUNZEL KENNETH J.ROSE JEFFREY R STOKE cf a.,d
S avitC ROBERT G.RUSSELL.JP- ERIC B.SHWISBERG RICHARD M.VAIDEZ LAW OFFICES OF
CEORGE L DAMOOSE GERALD P.KENNEDY KATHRYN M.OTTO MILCH&WOLFSHEMER
LLP RAYMOND G.WRIGHT LYNNE R LASRY MAR INA M.STOLAR
)AMES G.SANDLER EDWARD I.SILVERMAN ALLISON D.CATO
THOMAS R LAUBE SIEPHEN R.ROBINSON VICTOR M.FELD( A.T FROCOPIO 0900.1974)
xFkth year
2100 Union Bank Building October 4, 1996 Eric B. Shwisberg
530 B Street Direct Dial 619/515-3219
San Diego,CA 92101-4469 Intcmet:ebs®Procopio.wm
Telephone 619/238-1900, '
Facsimile 619/235-0398 VIA FEDERAL EXPRESS
httpV/wW W.prmopio.com
The City of Palm Desert
Attention: Sheila R. Gilligan, City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: PROPOSED AMENDMENT TO THE EL PASEO PEDESTRIAN
COMMERCIAL OVERLAY ZONE; CITY OF PALM DESERT
CASE NO. ZOA96-3; HEARING DATE: OCTOBER 10, 1996
Dear Ms. Gilligan:
This firm represents Union Bank of California ("Bank") in connection with the above-
referenced matter. As you may be aware, the Bank has a branch facility located at 73-785 El
Paseo Avenue, Palm Desert, California, which facility will be adversely impacted by the action
proposed by the City Council on October 10. Accordingly, we ask that you please deliver a
copy of the enclosed letter to the Mayor, as well as all members of the City Council, for
consideration to be entered into the record of the proceedings for this matter.
Thank you for your assistance.
Very truly yours
t, c�
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Eric B. Shwisber `'
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Enclosure
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cc [w/encl.]:
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Jay Wardwell, Vice President and Senior Counsel
Union Bank of California
Mr. Ron Treat
Ms. Kathy Breed
Ms. Victoria Sullivan
Union Bank of California
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Procopio A CORY P[m]PIGIAc1ND.tR. AMw EGNER PATRICK C VALENIINO
Cory EAU._ ,RJELSAVICH StEVEN J.DI'DTEDT ,MAS W.TURNER,JEL MICHEBESPOLOM
PAUL B.WELLS SIEVENM.SIRAUSS JOHN 1.LORMON JENNIFEt A WOO
TODD P.LEIGH CRAIG P.SAM JACOB C BIT OLT
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ROBERT J.BERTON MICIAEL 1.KINKELAAR IEFFREY M.BYER
FREDERICK r KUNZEL K94NM J.ROSE JEFFREY R.STOKE OJCounrd
vitC ROBERr G.RUSSELL JR. ERIC B.SHWISBERG RICHARD M.VALDEZ LAW OFFICES OF
GEORGE L DAMOOSE CERALD P.KENNEDY KATHRYN M.OTrO MB.CH&WOLFSHEBAER
* * T� RAYMOND G.WRIGHT LYNNE P.IASRY MARTINA M.STOLAR
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THOMAS R.LAUBE S[EPHEN R.ROBINSON VICTOR AL FELIX A T PROCOFIO(1900.1974)
Fiftieth year
2100 Union Bank Building October 4, 1996 Eric B. Shwisberg
530 B Street Direct Dial 619/515-3219
San Diego,CA 921014469 Internet eb4pmcopio.com
Telephone 619/238-1900
Facsimile 619/235-0398
http'/www.procopio.mm
VIA FEDERAL EXPRESS
Mayor and Members of the City Council of
The City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: PROPOSED AMENDMENT TO THE EL PASEO PEDESTRIAN
COMMERCIAL OVERLAY ZONE; CITY OF PALM DESERT
CASE NO. ZOA96-3; HEARING DATE: OCTOBER 10, 1996
To the Mayor and Members of the City Council:
This firm represents Union Bank of California (the "Bank"), in connection with the
above-referenced matter. As you may be aware, the Bank maintains a retail branch banking
facility at 73-785 El Paseo Avenue, Palm Desert, California, which will be impacted by the
proposed amendments to the El Paseo Pedestrian Commercial Overlay Zone ("Overlay Zone")
to be considered by your Council on October 10. For the reasons set forth below, the Bank
urges you not to approve the proposed amendments("Amendments")to the Overlay Zone, which
Amendments will adversely impact the Bank, as well as other owners and operators of
businesses within the El Paseo Business District ("District").
First of all, we seriously question the motivations of the El Paseo Business Association
("Association"), the organization which initiated the Amendments. You should be aware that
the initiation of the Amendments to the Overlay Zone is not the united position of the
membership of the Association. The Bank, as a member of the Association, does not support
the proposed Amendments, and we understand that other members of the Association have also
voiced their opposition to the Amendments. More significantly, to our knowledge no survey or
poll of the members of the Association was conducted to determine the level of support or
opposition to the Amendments. The Bank's local Branch Manager has also stated that he did
not receive any notice from the Association stating that the Association was considering the
initiation of these Amendments.
w
LAW OFFICES OF
PROCOPIO, CORY, HARGREAVES @ SAVITCH LLP
Mayor and Members of the City Council of
The City of Palm Desert
October 4, 1996
Page 2
The purported purpose of the Amendments, as stated by the City's Director of
Community Development, is that they will "enhance the retail environment on El Paseo" and
that they will "assure the long-term health of the high-quality retail environment of El Paseo."
While these appear to be admirable goals, there appears to be nothing in the record which
evidences that the Amendments will help to achieve these goals. To the contrary we believe that
the adoption of the proposed Amendments to the Overlay Zone will have unintended impacts
upon property owners and their tenants which are contrary to these goals.
While the Amendments appear to be innocuous at rust glance, in fact, they will have
significant practical and legal ramifications which have not been carefully thought through by
the proponents. Specifically, the Amendment which purports to apply the restriction to all new
tenants, as opposed to all new uses, has serious consequences attached. Based upon our
interpretation of such Amendment, any business which now or in the future operates within the
Overlay Zone pursuant to a valid Conditional Use Permit will be required to obtain additional
approvals from the City to continue such use solely as a result of the change in the ownership
structure and/or the operator of its existing business because the Amendment purports to regulate
tenants, not uses. For example, if the Bank merges with another financial institution (as it has
recently done), it appears that the Amendments would preclude the Bank from continuing its
business operations without obtaining a new Conditional Use Permit or an amendment to its
existing Conditional Use Permit, even though there is no actual change in use of the subject
property. For obvious reasons, this is unacceptable to the Bank, and we are confident that it is
unacceptable to similarly situated property owners and businesses. Although this may be the
result intended by the Association, the process will be time consuming, expensive and unduly
restrictive.
In addition to the practical problems with the implementation of the Amendments, we
question the legality of the proposed Amendments as they apply to properties and the businesses
thereon which are currently operating pursuant to validly issued Conditional Use Permits. As
we are sure you are aware, a Conditional Use Permit creates a property right which runs with
the land, rather than a personal right in the permittee. It is clear that the City is now attempting
to revise the Overlay Zone in a manner which would prohibit the transferability of such property
rights to a new owner and/or operator of a business. Such a restriction is not permitted under
applicable California law, and in our view, constitutes an unreasonable restraint on alienation.
As stated above, there appears to be no legitimate zoning purpose for this Amendment
other than the desire of certain members of the Association to homogenize the El Paseo area.
The proposed Amendments will unfairly discriminate against certain retail/personal service
A
LA®OFFICES OF
' PROCOPIO, CORM, HARGREAVES & SAVITCH LLP
Mayor and Members of the City Council of
The City of Palm Desert
October 4, 1996
Page 3
businesses (i.e. those which require a Conditional Use Permit for their operations), and
constitutes nothing more than arbitrary "snob" zoning. Financial institutions such as the Bank
are personal service businesses, much like all of the specifically enumerated "Permitted Uses"
in the Overlay Zone. Logically it is difficult for the Bank to understand why the Association
and the City would want to exclude the presence of financial institutions from this area, since
these institutions provide valuable services which are complimentary to such Permitted Uses
within the Overlay Zone and their customers.
For the reasons set forth above, on behalf of the Bank we respectfully request that you
deny all the proposed Amendments to the Overlay Zone. We thank you in advance for your
careful consideration of this matter.
truly
Eric B. S
EBS:njf
cc: Jay Wardwell, Vice President and Senior Counsel
Union Bank of California
Mr. Ron Treat
Ms. Kathy Breed
Ms. Victoria Sullivan
Union Bank of California
COSGROVE & C®SGROIT
Attorneys at Law
SAN PABLO VILLAGE,SUITE 2A F(=0 t I I,I i D
45-120 SAN PABLO
PALM DESERT,CALIFORNIA 929 rD ^� I �� r
MICHAELJ.COSGROVE �d SJ L I 3 �T�.EPHONE(619)3 6665
WILLIAM N.COSGROVE' FAX(61 -9487
'Certified Specialist,Probate, CITY C!F Estate Planning and Trust Law, , K'Su t jr
The State gar of California
Board of Legal Specialization V I
September 18, 1996 W
I
Richard Kelly
c;o City of PalrI. D S a r t
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Dear City Council Member:
We were provided with a letter of August 30, 1996 discussing the
proposal for permitted uses on El Paseo street level commercial
frontage.
I spoke with numerous property owners who are all opposed to the
proposal and indicated that they would be expressing their
concern to the city.
My office called to the planning department and requested the
names of planning commission members. Apparently we were given
the names of prior commission members and our letters did not
reach the current commission members.
Enclosed please find a copy of one of those letters which
expresses our concerns and objections.
Sincerely.
COSGROVE & COSGROVE
ATTORNEYS (AST LAW
By HA MIC EL E. SGROVE
MJC:bm
Enclosure
City of Palm Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260.2578
TELEPHONE (619) 346-0611 FAX(619)341-7098
i
PLANNING COMMISSION MEETING
NOTICE OF ACTION
I
Date: September 19, 1996
I
City of Palm Desert
Re: ZOA 96-3
The Planning Commission of the City of Palm Desert has considered your
request and taken the following action at its meeting of September 17,
1996 : f
PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 96-3 BY ADOPTION OF
PLANNING COMMISSION RESOLUTION NO. 1764 . CARRIED 5-0 . `
Any appeal of the above action may be made in writing to the Director of I
Community Development, City of Palm Desert, within fifteen (15) days of I
the date of the decision.
i
I
PH LIP DRE
PALM DESERT PLANNING COMMISSION
i
i
PD/tm
CC : Coachella Valley Water District
Public works Department
Building & Safety Department
Fire Marshal
h
PepO
PLANNING COMMISSION RESOLUTION NO. 1764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO THE EL PASEO
PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA 96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed
public hearing to consider an amendment to the El . Paseo Pedestrian
Commercial Overlay Zone Chapter 25 . 29; 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 to exist
to justify their actions :
1 . The proposed amendments are consistent with the Commercial
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the El Paseo area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic.
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 ZOA 96-3 , Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996, by
the following vote, to wit :
AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PAUL R. BEATY, Chai erson
ATTEST:
PHI IP DREL ecretary
Palm Desert lann-i- Commission-Commission
t -
PLANNING COMMISSION RESOLUTION NO. 1764
i
EXHIBIT A
Section 1: That Section 25 . 29. 010 of the Code of the City of Palm
Desert, be and the same is hereby amended to read as follows:
25 .29. 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest . To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy E1 Paseo street-level commercial
frontage .
4
V
{
2
I
i
PROOF OF PUBLICATION
County Clerk 's Filing Stamp
(2015.5 C.C.P) f
f
STATE OF CALIFORNIA,
County of Riverside,
I am a citizen of the United States Proof of Publication of I
and a resident of the County afore-
said; I am over the age of eighteen LEGAL NOTICE f
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the
printer of the
PALM DESERT POST
a newspaper of general circulation, CITY OF PALM DESERT
printed and published weekly in the CASE NO.NOTICE
9"
City of Palm Desert, Cathedral City, NOTICE IS HEREBY GIVEN that a public hearing will be
and Rancho Mirage, Count o f held before the Palm Desert City Council to consider an
g + y amendment to Chapter 25.29,The El Pam Pedestrian
Riverside, and, which newspaper has Commercial Overlay Zone.The Intent of the amendment is
been adjudged a newspaper of general to limit the type of new tenants which may occupy El Pasco
circulation by the Superior Court of and Hghwayy7774 commercial frontage between Po ola Avenue
the County of Riverside, State of The current ordinance requires all new uses occupying
space built after July 1,1987 lobe pedestrian oriented retall/
California, under the date of service uses as listed in the ordinance or obtain a mndi-
October 5, 1964, Case Number 83658, tional use permit for ere use.This amendment will remove
the 1997 exclusion and apply the restriction so'ell new Ion-
that the notice, of which the ants in all first floor streelf ant spaces regarless ofwhen the
annexed is a printed copy SAIDbuilding was constructed.
SAID public hearing uctbe held on Thursday.October 10,
(set in type not smaller than nonpareil ) , 19%.at7:00p.menter..In Me Coundl Chamber at the Palm De.
has been published in each regular and sen CNicCtwhictimeadpi73-510 Waring Destedpr Palm Desert•
CaGlomia,at which time and place all interested persons are
entire issue of said newspaper and not in invited to attend and be heard.When
supplement thereof on the following accepted
Items cevedatered by f M peacheamgatincocl be
aaspted up to the date of the hearing.Information concern-
dates, to—wit: Mg the proposed project andlor negative declaration Is
SEPTRMBER 2§a 1996 available for review in the Department of Community Deve
bpment at the above address between the hours of 8:00
I certify (or declare) under penalty a.m.and 5:00pm.Monday through Friday.Il you challenge
of perjury that the foregoing is true the proposed actions In court,you may be limited to raising
only those issues you or someone else raised at the public
and correct. hearing described in this notice.or In wriben correspon-
Dated at dents delivered to the City Council at.or prior to,the public
hearing.
Palm Desert , California Byls SHEty R.almGILLIGAN,Desert,
City Clerk
Gry of Palm Desert,California
(Pub. D.P. September 26, 19%)
this 26TH DAY OF S MBER 1996 —
-- --S gna---tur--e-
I �
I,OSGROVE &- (Y)SGRO E
.�Itumr%N at Li aw
SAw PABLO VILLAGE, SUITE-2A
a S.120 SAN PABLO
PALM DESERT.CALIFORNIA 92260
MICHAEL 1.COSCROVE TELEPHOVE (619) 140-6665
WILLIAM N.COSCROVE' FAX(619)779.9487
'Cend,ed SPeualim,Prot ale.
Estate Planning and Trost taw.
The Sul.ear of Calawn,a
Board of Legal SPed�Luton
September 9, 1996
4
Frank Urrutia
c/o City of Palm Desert
Planning Commission
73-510 Fred Waring Dr.
Palm Desert, CA 92260
Re: ZOA 96-3
Dear Planning Commission Member:
We have recently been provided with a letter of August 30, 1996
discussing the proposal for an amendment to the zoning ordinance
further limiting the permitted uses on E1 Paseo street level
commercial frontage.
Please be advised that we are strongly opposed to this proposed
amendment.
To the best of our knowledge, there was no survey taken of the
affected property owners or businesses in the area.
After a period of many years, we are finally starting to find
tenants to fill the many empty spaces on E1 Paseo. To further
limit the type of businesses would onlyfurther damage the E1
9
Paseo corridor.
The ordinance would in fact result in a lower return to landlords
as well as a higher vacancy factor.
It is my understanding that this ordinance would prohibit
financial institutions and professional offices.
We currently have an interest in two buildings on El Paseo. One
of our purposes in negotiating this interest is a possible move
of our offices on to E1 Paseo.
Further, the banking institutions on El Paseo have been a
su
bstantial boost to the quality of the street and should not be
limited.
City of Palm Desert Page Two
Planning Commission Members September 9 , 1996
To create a new ordinance would diminish the investment of many
owners on El Paseo.
The real question is whether or not it is better to have any
quality tenant rather than vacant space.
I assume that the planning commission would not even consider
such a proposal without obtaining appropriate business impact
studies.
We would hope that the planning commission will simply vote
against this proposal . At a minimum, we would anticipate that
the planning commission is not in a position to vote in favor of
the proposal without investing substantial amounts of time and
funds and conducting appropriate surveys and impact reports.
Sincerely,
COSGROVE & COSGROVE
ATTORNEYS AT LAW
By
MICHAEL J1 66SGROVE
MJC: bm 1 \
i
I
City of Palm 'Desert
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578
TELEPHONE(619) 346-0611 FAX(619)341-7098
August 30, 1996
Dear E1 Paseo Business and Property Owner:.
At the request of the E1 Paseo Business Association, the City has
initiated an amendment to the zoning ordinance as it relates to
permitted uses which may occupy E1 Paseo street-level commercial
frontage .
This amendment will enhance the retail environment on E1 Paseo. The
Association is concerned that all vacant space on E1 Paseo, between
Portola Avenue and Highway 74 , be filled with only pedestrian oriented
businesses.
Ultimately, strict enforcement of the regulation will assure the long
term health of the high quality retail environment of E1 Paseo.
Should you have any questions, please do not hesitate to contact me or
Steve Smith.
Sincerely, RECEIVED
OCT - 7 1996
PHILIP DRELL COMMUNITY DEVELOPMENT DEPARTMENT
DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF PALM DESERT
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�, //
Union Bank of California
530 B Street,Suite 1350
San Diego,California 92101
(619)230A274
Fax:(619)2304457
September26, 1996 RECEIVED
SEP 3 0 1996
Mr. Stephen R Smith
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Manager CITYOF PALM DESERT
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,CA 92260.2578
Re:El Paseo Business Association
Dear Mr. Smith:
Thank you for so quickly forwarding the information you and I discussed yesterday. Please update our
mailing address for future reference and notification:
Union Bank of California
Corporate Real Estate
530 B Street,Suite 1350
San Diego,CA 921014414
We are wondering if the notice address for Fidelity Federal Savings&Loan and/or Bank of America National
could be out of date as well explaining why there was no representation at the September 17th meeting from
any of the banking institutions.
Your assistance is appreciated.
Since
Victoria Sullivan
for Kathy Breed
Corporate Real Estate Officer
Union Bank of California
PLANK. .G COMMISSION RESOLUTION NO. 1764
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO THE EL PASEO
PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA '96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed
public hearing to consider an amendment to the El Paseo Pedestrian
Commercial Overlay Zone Chapter 25 .29; 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 to exist
to justify their actions :
1 . The proposed amendments are consistent with the Commercial .
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the E1 Pasec area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic .
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 ZOA 96-3 , Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996, by
the following vote, to wit :
AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE ^ '
PAUL R. BEATY, Chai erson
ATTEST:
72E
PHILIP DREL ecretary
Palm Desert lane-i-ng-Commission
i
PLANNING COMMISSION h_.OLUTION NO. 1764
EXHIBIT A
Section 1: That Section 25.29.010 of the Code of the City of Palm
Desert, be and the same is hereby amended to read as follows:
25 .29 . 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district. The success of a pedestrian commercial district
is dependent upon the creation and maintenance of a continuous
succession of diverse but compatible businesses which attract and
sustain pedestrian interest. To encourage this continuous pattern
of pedestrian-oriented uses, this chapter shall regulate the type
of new tenants which may occupy E1 Paseo street-level commercial
frontage.
1 .
2
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: September 17 , 1996
CASE NO: ZOA 96-3
REQUEST: Approval of an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone
APPLICANT: City of Palm Desert
I. BACKGROUND:
In 1987 the city created the E1 Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core Specific
Plan. The 1987 ordinance restricts street fronting first floor
uses to pedestrian oriented retail ad personal service businesses .
It was intended to apply to all new businesses on E1 Paseo between
Highway 74 and Portola Avenue . The goal was to create a
continuous succession of pedestrian oriented storefronts .
During the processing of the 1987 ordinance there was considerable
input from businesses which would be excluded from occupying E1
Paseo street-level commercial frontage by the ordinance . As a
result the ordinance as adopted only applied to commercial
frontage constructed after July 1, 1987 .
II. ANALYSIS•
At the request of the E1 Paseo Business Association the city has
initiated this proposed amendment . The Association is concerned
that all vacant space on E1 Paseo, between Portola Avenue and
Highway 74 , be filled with only retail pedestrian oriented
businesses .
This amendment will remove the 1987 exclusion and apply the
restriction to all new tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify intent
of the ordinance .
III . CEQA REVIEW:
The proposed amendment is a class 5 categorical exemption for the
purposes of CEQA and no further documentation is necessary.
� T
STAFF REPORT
ZOA 96-3
SEPTEMBER 17, 1996
IV. RECOMMENDATION:
Approve the findings and adopt Planning Commission Resolution No.
recommending to the City Council approval of ZOA 96-3 , an
amendment to Chapter 25 . 29, the E1 Paseo Pedestrian Commercial
Overlay Zone.
V. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Correspondence
Prepared by jgtj,/; �
Ste - Smith �� J
Reviewed and Approved by Y ""
Phil Drell
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2
1
Chapter 25.29
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections :
25 .29 . 010 Intent and purpose.
25 .29 .020 Permitted uses.
25 .29 . 030 Conditional uses.
25 .29 .010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district is
dependent upon the creation and maintenance of a continuous succession
of diverse but compatible businesses which attract and sustain
pedestrian interest . To encourage this continuous pattern of
pedestrian-oriented uses, this chapter shall regulate the type oftir
uses Y occupy new tenants which may E1 Paseo street-level commercial
PY
frontage coistruced after July 1r 19$ ;. (Ord. 511 (Exhibit A) (part) ,
1987)
J
PLANNING COMMISSION RESOLUTION NO.
A " RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE EL
PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA 96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed
public hearing to consider an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone Chapter 25 . 29; 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 to
exist to justify their actions :
1 . The proposed amendments are consistent with the Commercial
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the E1 Paseo area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic .
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 ZOA 96-3 , Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996 ,
by the following vote, to wit :
AYES :
NOES :
ABSENT:
ABSTAIN:
PAUL R. BEATY, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
Section 1: That Section 25 .29 .010 of the Code of the City of Palm
Desert, be and the same is hereby amended to read as follows:
25.29 . 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty
retail/personal services district . The success of a pedestrian
commercial district is dependent upon the creation and maintenance
of a continuous succession of diverse but compatible businesses
which attract and sustain pedestrian interest . To encourage this
continuous pattern of pedestrian-oriented uses, this chapter shall
regulate the type of new; asses' new tenants which may occupy El
Paseo street-level commercial frontage iowwt tug ed a tex 7u y ,
T38'7 .
2
PROOF OF PUBLICATION County Clerk 's Filing Stamp
(2015.5 C.C.P)
RECEIVED
SEP 10 1996
COMMUNITY
DEOFLpO�DESERT
OrrySTATE OF CALIFORNIA,
County of Riverside,
I am a citizen of the United States Proof of Publication of
and a resident of the County afore-
said; I am over the age of eighteen 1_RCA1. NOTICE
years , and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the
printer of the
PALM DESERT POST
a newspaper of general circulation, CITy DF PALM DESERT
printed and published weekly in the LEGCASEAL NOTICE
ZOCE
City of Palm Desert, Cathedral City, . "IOTICE IS HEREBY GIVEN Napa DU Ello hearing wilt be
Y 'held before the Palm Desert Planning�mission to can
and Rancho Mirage, Count of ChaGte q5 The El Pis
�h,intent of Me
Riverside, and which newspaper has Islider an amendment o
YPedest. Commercial Orerle'n ten,ma, hlch rnaYoc.
been adjudged a newspaper of general ame l veseo gm level Wnvnerda Iran aga bew°en
circulation by the Superior Court of 1ppy FI Avenue and l{i9"ity 7A' new uses ocapym9
the County of Riverside, State of The g went ordinances ra7u^BS cis es oriented re aiv
California, under the date of epa�ecuntaner�ui 1.187t°b°i
t win renwv-
service uses as listed In the ordinance or ohlain a cen s'
October 5, 1964, Case Number 83658, Joel use pe mlt orcie use.T ramven� to all IBW ten
that the notice of which the met9e7 exclusion and apply ce$fegard essotwhen
' 1 ants In all 9rst 9oor sveet front spa
annexed is a printed copy � IDP b Snplru °dd00Tuesday,September 17,
(set in type not smaller than nonpareil ) , r996 at7:00 p.m An he Cou Dom.Palm Dee palm er
has been published in each regular and Sen CN GC1nte•T3-Elan lh1,re.I ryonsae
entire issue of said newspaper and not in l°wrted oat land dbehe . den in ou`sesn roe
any supplement thereof on the following II���v Meaty ftlwhWern9'N dedzafa is
dates, to—wit: roleo1 eye nags
SEPTEMBER 5, 1996 a vywleloreylewin"Depavnent0 ishourrso eog
l Iopmant at me above address cehFridaY.Ityou Challen9a
ofCertify (or
thatdeclare)
foreunder
oingpenalty
true °_m.an° a�acvon ^•Y0 ^°y be"e led m Mist
g
perjury g I y t�Issues You W someone else raised er ci e puWlc
and correct. In or mace.or In vn1 an certeop°m.
Dated at ,.Mg deu°ee°ea.I--M Nn9 Comml55o at:orp
Palm Desert, California 'me puNlc hearing. pryi1 Drell. Secretary
Palm De Planning
r998tC0
this (pub.OP.SePlem u
STE DAY OF SEPTEMBER 1996
------- - -----------------
Signature
zDA �6 3
copy arl paom Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE(619)346-0611 FAX(619)341-7098
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: July 3, 1996
Sonia M. Campbell, President
E1 Paseo Business Association
P.O. Box 6000 STE 305
Palm Desert, California 92261
Re: v/Amendment to El Paseo Pedestrian
Commercial Overlay Zone
The Planning Commission of the City of Palm Desert has considered your
request and taken the following action at its meeting of July 2, 1996 :
PLANNING COMMISSION BY MINUTE MOTION INITIATED AN AMENDMENT TO ZONING
ORDINANCE CHAPTER 25 .29 THE EL PASEO Pr;�ESTRIAN COMMERCIAL OVERLAY
'LONE TO DELETE THE JULY 1 1987 EXCLUSION. MOTION CARRIED 4-0-1
(COMMISSIONER CAMPBELL ABSTAINED) .
Any appeal of the above action may be made in writing to the Director
of Community Development, City of Palm Desert, within fifteen ( 15) days
of the date of the decision.
PLLIP DRY RETAftY��
PALM DESERT PLANNING COMMISSION
PD/tm
cc: , Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
Pape PrU
POP01
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JULY 2, 1996
SUBJECT: REQUEST FROM EL PASEO BUSINESS ASSOCIATION FOR INITIATION OF
AN AMENDMENT TO' THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY
ZONE
I . BACKGROUND:
In 1987 staff proposed an amendment to the Zoning Ordinance
creating Chapter 25 . 29, the E1 Paseo Pedestrian Commercial Overlay
Zone, which required all new uses occupying vacant first floor
street frontage on El Paseo be oriented to the pedestrian retail
shopper. Due to opposition by several prominent E1 Paseo property
owners, the amendment was passed with a provision excluding
buildings constructed before July 1987 .
The city has received a letter from the El Paseo Business
Association requesting that the 1987 grandfather clause be deleted
from the ordinance. They are quite concerned that vacancies in
many important older buildings will be filled with non-retail non-
pedestrian oriented businesses .
If the 1987 exclusion is deleted, existing tenants would be
unaffected. New businesses occupying all vacant street fronting
first floor space would be required to meet the pedestrian
interest criteria described in the ordinance.
II . RECOMMENDATION:
By minute motion recommend initiation of an amendment to Chapter
25 . 29 deleting the July 1, 1987 exclusion.
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
RECEIVED
. � o
JUN 2 5 1996
CRY aq pagm Down . COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF PALM DESERT
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE (619) 346-0611 FAX (619)3404574
June 25, 1996
Ms. Sonia M. Campbell
President
EL PASEO BUSINESS ASSOCIATION
P.O. Box 6000, Suite 305
Palm Desert, California' 92261
Dear Ms. Campbell:
I have given your letter of June 20, 1996, requesting the amendment of Chapter 25.29 of the
Palm Desert Municipal Code to Director of Community Development, Phil Drell.
Chapter 25.29 is part of the Palm Desert Zoning Ordinance, as such, proposed amendments are
processed by the Community Development Department. Mr. Drell will contact you to discuss
the proposed revision identified in your letter.
We want to thank you and the El Pasco Business Association for informing us of your concerns.
Sincerely,
n
i
RAMON A. DIAZ
CITY MANAGER
lga
cc: Phil Drell
flmoe
Cnxv
E L .jUN _z `, 1996
F J.. CITY RALL
CITYrr.#d; S-�R
PASEO-
JUNE20, 1996
MR. RAY DIAz
CITY MANAGER CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
SUBJECT: EL PASEO OVERLAY
DEAR MR. DIAz;
THE EL PASEO OVERLAY ZONE WAS CREATED, AS YOU KNOW, TO ENCOURAGE AN UNINTERRUPTED
PEDESTRIAN INTEREST IN THE OFFERINGS OF THE STREET. THIS GOAL HAS LARGELY BEEN
SUCCESSFUL BUT THERE CURRENTLY ARE SEVERAL IMPORTANT VACANCIES THAT HAVE ESCAPED
PARTICIPATION BY VIRTUE OF THEIR AGE. IN ADDITION, WITH THE IMPENDING VACANCIES OF
SEVERAL VERY IMPORTANT PROPERTIES, THERE IS AN EXTREME URGENCY THAT IMMEDIATE ACTION
BE TAKEN TO ELIMINATE THE EXISTING INEQUITY.
THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA BOARD OF DIRECTORS HEREBY
FORMALLY REQUESTS THAT ACTION BE TAKEN FORTHWITH TO AMEND CHAPTER 25.29 OF THE
CITY MUNICIPAL CODE TO ELIMINATE THE. EXCLUSION OF PROPERTIES BUILT PRIOR TO JULY 1,
1987.
YOURS TRULY,
ONIA M. CAMPBELL, PRES.,
EL PASEO BUSINESS ASSOCIATION
BOARD OF DIRECTORS
SMC:PSC
EL PASEO BUSINESS ASSOCIATION • P.O. BOX 6000 STE. 305 • PALM DESERT,CA 92261
25.29.010
. ti
Chapter 2529
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections:
2529.010 Intent and purpose.
2529.020 Permitted uses.
2529.030 Conditional uses.
2529.010 Intent and purpose.
El Pasco is designed as a pedestrian specialty re.
taillpersonal services district.The success of a pedestrian
commercial district is dependent upon the creation and
maintenance of a continuous succession of diverse but
compatible businesses which attract and sustain pedestrian
interest To encourage this continuous pattern of
pedestran-o Tented uses,this chapter shall regulate the type
of new uses which may occupy El Pawn street-level
commercial frontage constructed after July 1.1987.(Ord.
511 (Exhibit A) (part), 1987)
2529A20 Permitted uses.
The following retaftersonal service uses shall be
liberally construed to be permitted uses within the EI Pasco
pedestrian commercial overlay:
A. Art galleries;
B. Boots and card shops,
C. Clothing and apparel shops;
D. Furniture stores and home furnishings;
E. Gift and accessories boutiques (including small
antiques);
F. Jewelry shops;
G. Liquor, beverage and food item shops;
IL Luggage shops:
I. Personal careAmxl tcts shops and services(including
barbering and cosmetology);
J. Restaurants;
K. Sundries shops (general merchandise). (Ord. 511
(Exhibit A) (part), 1987)
2529.030 Conditional uses.
The planning commission may.by conditional use permit,
approve commercial uses not listed above if they are
determined to be compatible with the intent and purpose
of this chapter. (Ord. 511 (Exhibit A) (part), 1987)
389 (Pdm D�7.92)
CITY OF PALM DESERT ID :619-341-7098 SEP 19 ' 96 14 : 15
TRANSMIT CONFIRMATION REPORT
NO . 010
RECEIVER DESERT SENTINEL
TRANSMITTER CITY OF PALM DESERT
DATE SEP 19 '96 14 : 15
DURATION 02 ' 1MODE STD
PAGES 03
RESULT OK
Date
pagea�
Note 7671
Post-It®FaX From
To Co.
ColDePt Phone# 2 —1,96
Phone# O Fax# ✓
Fax#
73510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260
TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 96-3
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider an amendment to Chapter 25 .29, The E1 Paseo
Pedestrian Commercial Overlay Zone. The intent of the amendment is to limit .
the type of new tenants which may occupy E1 Paseo street-level commercial
frontage between Portola Avenue and Highway 74 .
The current ordinance requires all inew' uses ioccupying space built after July
1, 1987 to be pedestrian oriented retail%service ' uses' 'as Misted in the
ordinance or obtain a conditional use permit for the use. This amendment will
remove the 1987 exclusidn and, applylthe restriction to all new tenants in all
first floor street front spaces regardless of when the building was
constructed.
SAID public hearing will be held on Thursday, October 10, 1996, at 7 : 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 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 City Council at, or prior to, the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
September 26, 1996 City of Palm Desert, California
w
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: September 17, 1996
CASE NO: ZOA 96-3
REQUEST: Approval of an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone
APPLICANT: City of Palm Desert
I. BACKGROUND:
In 1987 the city created the E1 Paseo Pedestrian Commercial
Overlay Zone as was recommended in the Commercial Core Specific
Plan. The 1987 ordinance res street fronting first floor
uses to edestrian oriented retail a ersonal service businesses .
It was intended to apply to all new businesses on E1 Paseo between
Highway 74 and Portola Avenue. The goal was to create a
continuous succession of pedestrian oriented storefronts .
During the processing of the 1987 ordinance there was considerable
input from businesses which would be excluded from occupying E1
Paseo street-level commercial frontage by the ordinance . As a
result the ordinance as adopted only applied to commercial
frontage constructed after July 1, 1987.
II . ANALYSIS:
At the request of the E1 Pas 'ness Association the city has
ini sated this proposed amendment . The Association is concerned
t a vacan space on E1 Paseo, between Portola Avenue and
Highway 74 , be filled with only retail pedestrian , oriented
businesses .
This amendment will remove the 1987 exclusion and apply the
restriction rn all Pw tenants in all first floor street front
spaces regardless of when the building was constructed.
A second part of the amendment will change "new uses" to "new
tenants" . It is felt that this change will help to clarify intent
of the ordinance .
III. CEOA REVIEW:
The proposed amendment is a class 5 categorical exemption for the
purposes of CEQA and no further documentation is necessary.
STAFF REPORT
ZOA 96-3
SEPTEMBER 17, 1996
IV. RECOMMENDATION:
Approve the findings and adopt Planning Commission Resolution No.
recommending to the City Council approval of ZOA 96-3 , an
amendment to Chapter 25 .29, the E1 Paseo Pedestrian Commercial
Overlay Zone .
V. ATTACHMENTS:
A. Draft resolution
B . Legal notice
C. Correspondence
Prepared by �K,�
S Smith
Reviewed and Approved by
Phil Drell
/tm
2
Chapter 25.29
EL PASEO PEDESTRIAN COMMERCIAL
OVERLAY ZONE
Sections:
25.29 .010 Intent and purpose.
25.29 .020 Permitted uses.
25.29 .030 Conditional uses.
25.29. 010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty retail/personal
services district . The success of a pedestrian commercial district is
dependent upon the creation and maintenance of a continuous succession
of diverse but compatible businesses which attract and sustain
pedestrian interest . To encourage this continuous pattern of
pedestrian-oriented uses, this chapter shall regulate the type of 40W
may new tenants which El Paseo street-level commerci'af
used Y occupy
frontagexzstrucd after cTu lr 137. (Ord. 511 (Exhibit A) (part) ,
1987)
r ,
e
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO
CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE EL
PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE.
CASE NO. ZOA 96-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of September, 1996, hold a duly noticed
public hearing to consider an amendment to the E1 Paseo Pedestrian
Commercial Overlay Zone Chapter 25.29; 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 to
exist to justify their actions :
1 . The proposed amendments are consistent with the Commercial
Core Area Specific Plan.
2 . The proposed amendments will promote the general welfare of
the E1 Paseo area by encouraging the concentration of
pedestrian oriented retail/service business thus generating
higher volumes of pedestrian traffic .
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 ZOA 96-3 , Exhibit A, is hereby recommended to the city
council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of September, 1996,
by the following vote, to wit :
AYES :
NOES :
ABSENT:
ABSTAIN:
PAUL R. BEATY, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
i
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
Section 1: That Section 25 .29.010 of the Code of the City of Palm
Desert, be and the same is hereby amended to read as follows:
25.29 .010 Intent and purpose.
E1 Paseo is designed as a pedestrian specialty
retail/personal services district . The success of a pedestrian
commercial district is dependent upon the creation and maintenance
of a continuous succession of diverse but compatible businesses
which attract and sustain pedestrian interest . To encourage this
continuous pattern of pedestrian-oriented uses, this chapter shall
regulate the type ofPOV -V- new tenants which may occupy El
Paseo street-level commercial `frontage ccrxt€tucfed aul 1 ;
1�$7 .
2
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
-- --- --_--- TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 96-3
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider an amendment to Chapter 25 .29, The E1 Paseo
Pedestrian Commercial Overlay Zone. The intent of the amendment is to limit
the type of new tenants which may occupy E1 Paseo street-level commercial
frontage between Portola Avenue and Highway 74 .
The current ordinance requires„ 1 all,new uses occupying space built after July
{r.: , ..I 1`�,1 ..
1, 1987 to be pedestriari` oriented retail%service uses' as listed in the
ordinance or obtain a conditional use permit for the use. This amendment will
remove the 1987 exclusion and' apply `the restriction to all new tenants in all
first floor street front spaces regardless of when the building was
constructed.
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SAID public hearing will be held on Thursday, October 10, 1996, at 7 : 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 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 City Council at, or prior to, the public hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
September 26, 1996 City of Palm Desert, California
City of Pala Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE (619)346-0611 FAX(619)341-7098
August 30, 1996
Dear E1 Paseo Business and Property Owner:
At the request of the E1 Paseo Business Association, the City has
initiated an amendment to the zoning ordinance as it relates to
permitted uses which may occupy El Paseo street-level commercial
frontage.
This amendment will enhance the retail environment on E1 Paseo. The
Association is concerned that all vacant space on E1 Paseo, between
Portola Avenue and Highway 74, be filled with only pedestrian oriented
businesses .
Ultimately, strict enforcement of the regulation will assure the long
term health of the high quality retail environment of E1 Paseo.
Should you have any questions, please do not hesitate to con
tact me or
Steve Smith.
Sincerely,
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
Rer d
Paper
oV Palo Dmmn
73.510 FRED WAKING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346.0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 96-3
NOTICE IS HEREBY GIVEN that a public hearing wiil be held before the
Palm Desert Planning Commission to consider an amendment to Chapter
25 .29, The E1 Paseo Pedestrian Commercial Overlay Zone. The intent of
the amendment is to limit the type of new tenants which may occupy El
Paseo street-level commercial frontage between Portola Avenue and
Highway 74 .
The current ordinance requires all new uses occupying space built after
July i, 1987 to be pedestrian oriented retail/service uses as listed in
the ordinance or obtain a conditional use permit for the use. This
amendment will remove the 1987 exclusion and apply the restriction to
all new tenants in all first floor street front spaces regardless of
when the building was constructed.
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R-3 13
SAID public hearing will be held on Tuesday, September 17 , 1996, at
7 :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
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 Post PHILIP DRELL, Secretary
September 5, 1996 Palm Desert Planning Commission
City of Pala Deaen
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578
TELEPHONE (619)346.0611 FAX(619)341-7098
August 30, 1996
Dear E1 Paseo Business and Property Owner:
At the request of the E1 Paseo Business Association, the City has
initiated an amendment to the zoning ordinance as it relates to
permitted uses which may occupy E1 Paseo street-level commercial
frontage .
This amendment will enhance the retail environment on E1 Paseo. The
Association is concerned that all vacant space on El Paseo, between
Portola Avenue and Highway 74 , be filled with only pedestrian oriented
businesses .
Ultimately, strict enforcement of the regulation will assure the long
term health of the high quality retail environment of E1 Paseo.
Should you have any questions, please do not hesitate to contact me or
Steve Smith.
Sincerely,
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
Pape
a'
City ®f Palm Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE (619) 346-0611 FAX(619)341-7098
August 30, 1996
Dear E1 Paseo Business and Property Owner :
At the request of the E1 Paseo Business Association, the City has
initiated an amendment to the zoning ordinance as it relates to
permitted uses which may occupy E1 Paseo street-level commercial
frontage .
This amendment will enhance the retail environment on E1 Paseo. The
Association is concerned that all vacant space, on E1 Paseo, between
Portola Avenue and Highway 74, be filled with only pedestrian oriented
businesses .
Ultimately, strict enforcement of the regulation will assure the long
term health of the high quality retail environment of E1 Paseo.
Should you have any questions, please do not hesitate to contact me or
Steve Smith.
Sincerely,
PHILIP DRELL
DIRECTOR OF COMMUNITY DEVELOPMENT
/tm
Rlry*d
Paper
CITY OF PALM DESERT TD : 619-341-7098 AUG 30 '96 13 : 23
TRANSMIT CONFIRMATION REPORT
NO . 006
RECEIVER DESERT SENTINEL
TRANSMITTER CITY OF PALM DESERT
DATE AUG 30196 13 : 23
DURATION 01 ' 42
MODE STD
PAGES 02
RESULT OK
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To From
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73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
----------- -_— -__ -
TELEPHONE(619)346.0611
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 96-3
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert Planning Commission to consider an amendment to Chapter
25.29, The E1 Paseo Pedestrian Commercial Overlay Zone. The intent of
the amendment is to limit the type of new tenants which may occupy E1
Paseo street-level commercial frontage between Portola Avenue and
Highway 74 .
The current ordinance requires all new uses occupying space built after
July 1, 1987 to be pedestrian oriented retail/service uses as listed in
the ordinance or obtain a conditional use permit for the use. This
amendment will remove the 1987 exclusion and apply the restriction to
all new tenants in all first floor street front spaces regardless of
when the building was constructed.
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SAID public hearing will be held on Tuesday, September 17 , 1996 , at
7 : 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
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 Post PHILIP DRELL, Secretary
September 5, 1996 Palm Desert Planning Commission
73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE(619)346-0611
CITY OF PALM DESERT
LEGAL NOTICE-
CASE NO. ZOA 96-3
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Palm Desert Planning Commission to consider an amendment to Chapter
25. 29, The E1 Paseo Pedestrian Commercial Overlay Zone. The intent of
the amendment is to limit the type of new tenants which may occupy El
Paseo street-level commercial frontage between Portola Avenue and
Highway 74 .
The current ordinance requires all new uses occupying space built after
July 1, 1987 to be pedestrian oriented retail/service uses as listed in
the ordinance or obtain a conditional use permit for the use. This
amendment will remove the 1987 exclusion and apply the restriction to
all new tenants in all first floor street front spaces regardless of
when the building was constructed.
SAID public hearing will be held on Tuesday, September 17 , 1996, at
7 : 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
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 Post PHILIP DRELL, Secretary
September 5, 1996 Palm Desert Planning Commission