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Home My WebLink AboutZOA 97-1 FREEWAY OVERLAY 1997 • 10 -1 y i j y 74 1. �•Y.i r / 1 M • •. r '' _ M1. r � fl 1 'iPOP p b i V � � r T•� 1 �SSS 1' r r b t l 1: I 0 I Z G Q r � I h Ill i• � 41 dr • ,}r i. i t/ 74b ` r i rh Ar /^� gin"~"'• � � h � T T YS,f� S �'' jr 0 a o » n m w :a J' t �- � r. ' 1 i. ; k1v T N I + •�r i r s G � i F 1 a I I D P — 0 n d '� r • c ! S 1 • o'� n , r �• •,11 1 � - . a . . . - : . ■ . .. , . , ; woolom • f� 3 F i r A F _ O i A{ Y- c� M".. ,' hr. ycoor w � �. m o i FtECEIV EC w � VAR 13 1997 T D am m 0 COMMUNI�EQF PALM DESERT �4 a o ° D o < �j�j m lyj 3 N� W 3 I, �• t � � R° O N r•A� � � � 9 0 a � rah � z w � rD � 1 i I co N G m 3ZZ o M zb N N fOn to b i N 0 I!i i r I � A � O O m ♦/• •D11l��r City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 February 21, 997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 97-1 0 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by THE CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the I-10 intersection with Monterey Avenue,Cook Street and Washington Street (see map on reverse). SAID public hearing will be held on Thursday, March 13, 1997, before the Palm Desert City Council at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive,Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice•shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the city council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk February 27, 1997 Palm Desert City Council ■ ONE _ ` , � r } J �\ RECEIVED m -? - 3 1997 COMMUNITY DEVELOPMENT DEPARTMENT o °❑ CITY OF PALM DESERT 9 0 m 9 c zM � o o p o O p m o F O y z w > vz cm Lo 41 )\ 1 0 ti I i S oa �O�iil ill i} Q > p �ll m YYYYYYYYYYY♦ -Al 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 lTELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE PA �L ^ d 1 IY b as` � °•.8�"rn' \ i H � 12,000 \ �7 1 RECEIVED 2 MAR - 3197 § COMMUNITY DEVELOPMENT DEPA_r ) m«__r \ a ( ) \ z2 = 0 A \ \ 4 � ƒ Jj ~—le R @ � / \ $ � � ce % \ RECEWED FEB 12 1997 COMMUNITY DEVELOPMENT DEPARTMENT a CRY OF PALM DESERT " 0 a o iUUJ � o m �f �} D I>> EE. W T , Y 7 a 1 = m � o M1� � a ro <% ' _�E ��`�� 1 m all asG � 0 a O ~ N a m •rrrrrrrrrsr 4. 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may he permitted subject to issuance of a conditional use I permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). 0 SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE IN y P R T 3 0 • q I 64 UM it \ w I b K �n, r 11 I T� R•1 12,000 , V:A r YJ l`b. V II i II YY .. I t` 1 � 5 •. � .r 5 dr ORDINANCE NO. EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the o p of usestional Z standards onlypermittedrinh standards theFCOZthe project order to obtain approvalt must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 3 oRpINANCE NO. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Reauired On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) landscaping: All master planned projects approved through the FCOZ process shall provide'a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may decrease the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within. 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 4 ORDINANCE NO. 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 5 �r 3/q7 C o MCI FCOZ July 11 , 1996 by.minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District. The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same through the Planning Commission and City Council. The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in Section 25.108.020 of the draft ordinance. These additional uses would be permitted only upon approval of a conditional use permit. As noted in the "purpose" section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will not be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual projects within the master plan will then be processed through the precise plan/conditional use process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). FCOZ Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance as recommended by Planning Commission proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. Staff have continued to work on the sign section of the ordinance. We talked with Cal Trans who confirmed that the sections of 1-10 adjacent to the city would meet the criteria for a rural area and as such would be eligible for their Business Logo Signing Program. I passed out a memo briefly describing the program. As well, Council Member Benson, Bob Leo of the Chamber and I met with Mr. Roberts of Fairway Outdoor Advertising earlier this week. It was the consensus that we should re-visit the sign issue with ZORC and invite Mr. Roberts to make a presentation to that committee. Therefore staff is recommending that the council separate Section 25.108.040 - Freeway Visible Signage from the rest of the ordinance. We ask that the City Council continue the sign section of the ordinance for 60 days, that would be at your meeting of June 12, 1997. Richard Franzen, owner of the Lucky Center at Washington and 42nd Avenue, has written (copy of letter attached) requesting that his property be included in the overlay district. Mr. Franzen's goal is to obtain approval of a drive-thru restaurant as had been approved by the county. The council also received a letter dated April 7, 1997 from Mr. Pence referring to the same property and issues presented by Mr. Franzen. Staff has an application pertaining to this property which will be scheduled for hearing at Planning Commission in the near future. The Franzen property was discussed at ZORC October 16, 1996 and the committee dead-locked 2-2. Consequently it was not added to the overlay area. The Franzen property meets some of the criteria for the overlay district (i.e., on the boundary of the city where properties across the street operate under totally different rules) but it does not meet the distance from the freeway criteria. 2 FCOZ The staff report of June 27, 1996 which was the basis of City Council discussion on July 11 , 1996 suggested that the overlay district would be within 1000-2000 feet of the interchange. Also, the council has received letters from Lionel Steinberg and Mainiero, Smith & Associates. These letters both request that the overlay zone at Cook Street be David Freedman & Co. property, some 270 +/- acres expanded to cover the entire p p y, on either side of Cook Street. The issue of the size of the area to be included was discussed by both ZORC and Planning Commission. Both these groups chose not to expand the area. c W e �a � ,-� C 117'1,1�L�;6— STAFF RECOMMENDATION h� po ca ry "WpWp el i9yo� U That the City Council waive further reading and pass the ordinance to second reading with Section 25.108.040 Freeway Visible Signage separated out and that it be continued to your meeting of June 12, 1997. NOTES - Lucky site 5200' south of Country Club - Staff report leading to CC directing staff to prepare FCOZ defined a range 1000- 2000' of the interchanges 3 �s CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. III. APPLICANT: City of Palm Desert IV. CASE NOS: 20A 97-1 and C/Z 97-2 V. DATE: March 13, 1997 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case Nos. ZOA 97-1 and C/Z 97-2 E. Planning Commission Resolution No. 1786 F. Planning Commission Staff Report dated February 18, 1997 G. Related maps and/or exhibits --------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: I. BACKGROUND: ,July 11 , 1996 by minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District. x' ` STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by,ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same .through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review Commission. This was done (see minutes from ARC attached). We have not received comments from EDAC. 11. ANALYSIS: The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in section 25.108.020 of the draft ordinance. These additional uses would be permitted only in this overlay zone area and only upon approval of a conditional use permit. As noted in the "purpose" section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will Dot be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual 2 STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 projects within the master plan will then be processed through the precise plan process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. The ordinance among other items would permit these signs to be as high as 60 feet but would require a distance of at least 750 feet between them. Only one would be permitted per development and they would only be available to traveler oriented users such as gas stations, restaurants and hotels. The size of these signs would be determined by the size of the commercial development it serves (size could range from 125 square feet to 175 square feet per sign face). These signs must be oriented toward freeway traffic. In order to maintain readability a maximum of six tenants may be identified on these signs. Illumination shall comply with existing standards but normal color limits will be waived in order to encourage recognizable logos. The actual height and design will rest with the Architectural Review Commission. In discussion with Councilman Crites it was his suggestion that the height be limited to the minimum height necessary to allow the sign to be visible from the freeway. This change was presented to Planning Commission and was included in the Planning Commission recommendation. Richard Franzen, owner of the Lucky Center at Washington and 42nd Avenue,- has written (copy of letter attached) requesting that his property be included in the overlay district. Mr. Franzen's goal is to obtain approval of a drive-thru restaurant as had been approved by the county. 3 /,� STAFF REPORT OS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 �IoThis property was discussed at ZORC October 16, 1996 and the committee dead-locked 2-2. Consequently it was not added to the overlay area. The Franzen property meets some of the criteria for the overlay district (i.e., on the boundary of the city where properties across the street operate under totally different rules) but it does not meet the distance from the freeway criteria. Sae MiNAAe YVle+%6tJ Mr. Franzen did not appear at Planning Commission nor did he write to Planning Commission. His argument was not presented to Planning Commission. If it is City Council's position that the Lucky site should be in the overlay district, then the matter should be referred back to Planning Commission for further review and recommendation. If it is City Council's position that the property should not be added to the overlay district, then Council should act on the Planning Commission recommendation. The Planning Commission by its Resolution No. 1786 has recommended approval of the creation of a freeway commercial overlay zone district on a 4- 0-1 vote with Chairman Ferguson abstaining. Prepared by: 'Stephen R. SmkrZ36 1 Reviewed and Approved by: Philip Dr II /tm 4 CITY OF PALM DESERT MEMORANDUM TO: Paul Shillcock, Economic Development Manager FROM: Steve Smith, Planning Manager DATE: January 27, 1997 SUBJECT: Freeway Commercial Overlay District The comprehensive Zoning Ordinance Review Committee has completed its review of the above noted ordinance, which if enacted by the City Council, will expand permitted uses in certain designated areas around the freeway off-ramps. The committee has endorsed the draft ordinance and referred it to the Economic Development Advisory Committee for comment. The matter will go to public hearing before the Planning Commission on February 18, 1997. We would be pleased to present any comments from E.D.A.C. to the Planning Commission at that time. STtVE SMITH PLANNING MANAGER Attachment SS/db Minutes economic Development Advisory • �' Committee —10 CONVENE 3:05 p.m., Tuesday, March 25, 1997 ROLL CALL Members Present: Kermit Martin, Dave Tschopp, Nancy Artis, Doug Simmons, Sonny Tatum, Tim Sullivan, Frank Goodman, Members Absent: Cynthia Finerty, Gary Lyons Others Present: Walt Snyder, Ray Diaz, Phil Drell, Paul Shillcock, Ken Doran, Locksi Witte. CONTINUED ITEM The Chairman suggested that the Committee proceed to Item B. B. DEVELOPMENT OF 1-10 CORRIDOR Chairman enquired if the development of the 1-10 Corridor item continued from the last EDAC meeting and the Freeway Commercial Overlay Zone District in the agenda packet are the same. Paul Shillcock clarified that the 1-10 Corridor was previously brought before the EDAC for members to think of potential businesses appropriate for the 1-10 Corridor. Ray Diaz stated that the Freeway Commercial Overlay Zone District covers the 1-10 off-ramp areas at Monterey Avenue, Cook Street and Washington. Conditional Use Permits (CUPS) are required and an extensive public hearing has to be conducted prior. to development thus giving the City greater control over the use of the properties. Referring to the Agenda Packet, Page 15, F. Case Nos. ZOA 97-1 and C.Z 97-2 - CITY OF PALM DESERT, Applicant, to the part which states, "ZORC also asked that the ordinance be referred for comment to the Economic Development Advisory Committee and Architectural Review Committee. Comments were received from Architectural Review. They endorsed the changes. Nothing had been received from EDAC.", Nancy Artis requested that it be on record, that the EDAC has not been approached previously for input and that this was the first time that the EDAC has seen the information. 1 Ray Diaz and Walt Snyder said they would try their best to answer any questions until Phil Drell arrives at the meeting. Nancy Artis asked if the corridor in between the off-ramps would continue to operate based on the existing zoning and ordinances. Staff replied, "yes". Phil Drell informed the EDAC that the purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide options and incentives for commercial development such as allowing : more than one gas station without regard to required separation distance; drive-thru restaurants; signage that is visible from the freeway; etc. Ray Diaz added that the Conditional Use Permit allows the City to place restrictions on applications when property owners develop the areas. Staff is not promoting the FCOZ all through the 1-10 corridor but only at the interchanges. Dave Tschopp commented that from what he remembers, the City was not in favor of drive-thru restaurants because of air quality related issues (such as the idling car increases air pollution) and that trash is usually left behind. Dave Tschopp also commented that big signs are not necessary for freeway users to locate food or rest areas. Walt Snyder said that the EDAC is welcome to provide input to the Counci I on the signage for the FCOZ. Phil Drell advised that this item is going before Council on April 10, 1997 and that he would be happy to include the EDAC's comments and concerns regarding this issue, if any. Doug Simmons inquired as to how the FCOZ has been received by the property owners to which staff said response has been favorable. Nancy Artis says she concurs with Dave Tschopp in that if Palm Desert has been working with the South Coast Air Quality Managment District (AQMD) to be pollution-free and to pride ourselves in keeping the air clean, the City should maintain some fairness to all businesses in regards to drive-thrus both in town and at the edge of town. 2 Ray Diaz responded that the Zoning Ordinance Review Committee had to consider the rights of the property owners when working on the Freeway Commercial Overlay Zone. He also suggested that since other (and competing) jurisdictions routinely develop drive-thrus along the 1-10 corridor, that the EDAC write to AQMD voicing their concerns and making recommendation to restrict drive-thrus along the 1-10 Corridor. Kermit Martin asked how this item is related to Economic Development and Phil Drell responded that this item allows the City to compete with the other jurisdications (Riverside County, etc.), for the dollars. Frank Goodman stated that 'blue-signs' can work as well as billboards; that since the City can't control the properties north of the freeway, he's in favor of control south of the freeway. Doug Simmons said that he is not unilaterally endorsing the FCOZ but feels that bottom-line, the landowners have the right to develop businesses on their property and he noticed that no one has disagreed on service stations at the interchange locations. He continued to say that there is already a drive-thru in Palm Desert located at the Monterey Avenue/I-10 interchange. He thinks that overall the FCOZ is a good idea. Tim Sullivan said that through his many travel experiences, he has come across impressive and shabby interchange commercial sites and he is aware Palm Desert always tries to distinguish itself from other cities by being more prestine instead of shoddy. Walt Snyder said the City Council recognized there are potential development problems at these interchange sites and because these sites are very often entrances to the City, they would like these locations to look special. Ray Diaz said that the landscaping requirements for the development in these sites is for a thirty-percent set-aside for picnic areas, dog parks, etc. 3 Phil Drell said that these sites could be unique and could lure businesses here. On the otherhand, if the businesses prefer easier ordinances and zoning, they could locate on the other side of the freeway. Sonny Tatum inquired if there is any joint commission with the County of Riverside to work on issues in regards to developing these sites. Ray Diaz said the City has tried on various occasions but efforts were futile. It was moved by Frank Goodman to recommend that the City Council approve the Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a Conditional Use Permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. Motion was seconded by Doug Simmons. Nancy Artis then made the following motion: to request that the City Council maintain some consistency in regards to air pollution regulations for drive-thrus both in town and at the properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. Motion was seconded by Dave Tschopp; to request that the City Council provide the guidance in regards to maintaining consistency specifically those relating to standards applied as part of the development process. Motion was seconded by Tim Sullivan. Motions were unimously passed. 4 r.\ YS' Y � dy3� L a Change of Zone ' ' ' � • ORDINANCE NO. 827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS. ZOA 97-1 AND C/Z 97-2 WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of March, 1997, hold a duly noticed public hearing to consider approval of an ordinance to create a freeway commercial overlay district; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: Section 1 : That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to create Municipal Code Chapter 25.108 et. al. - The Freeway Commercial Overlay Zone District. Section 2: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "B." Section 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. 827 } PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of April, 1997, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RIC D S. KE LY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, Cali}ornia 2 ORDINANCE NO. 827 EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 3 ORDINANCE NO. 827 Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Reauired On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscanina: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may decrease the minimum landscaped open space requirement. 4 r� HIM .- maila �E Change of Zone � ' � CITY OF PALM DESERT RECEIVED DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT JUN 17 1997 COMMUNITY DEVELOPMENT DEPARTMENT I. TO: Honorable Mayor and City Council WY OF PALM DESERT II. REQUEST: Consideration of approval of a zoning ordinance amendment, specifically the expanded signage provisions within the Freeway Commercial Overlay District. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 97-1 V. DATE: June 12, 1997 continued from April 10, 1997 CITY COUNCIL ACT' O APPRGVED�,®.�� DENIED VI. CONTENTS: RECEIVED® GZHERTABLED wit Ruford Crites appointed as second Councilmember to C�m__mittPe® A. Staff Recommendation t-F-ETING DATE EZ12/97�� ;,�YEg9ENSON CRITE$.- SNYDF.R._ RPTF.CF.T._ KRT.T.�' _ B. Discussion N()ES, NONE -- sbSENT.NONF -----------------------------------------------------' A. STAFF RECOMMENDATION: 0r'-ginal on Fi.Le rrritn CitY C71-- _ Ciiice Continue hearing on proposed ordinance to July 10, 1997. B. DISCUSSION: The Freeway Commercial Overlay District Ordinance was given first reading by City Council April 10, 1997. At that time the ordinance sections relating to expanded signage were separated from the main body of the ordinance and continued to June 12, 1997 for further review by the Zoning Ordinance Review Committee as to ` whether the size and height provisions were appropriate. Zoning Ordinance Review Committee has met several times to discuss this issue and held a demonstration session at the freeway on Friday, May 30, 1997. Using a crane provided by Fairway Outdoor Advertising, a series of various sized logos were displayed at various heights. Participants drove the 1-10 Freeway viewing the logos. STAFF REPORT CASE NO. ZOA 97-1 JUNE 12, 1997 ZORC will discuss this issue at its meeting of June 4, 1997. Staff will report orally on that meeting to the City Council. Prepared by: Stephen R. 9mith Reviewed and Approved by: Philip Drell Am 2 -�A Pence iiedel 1 PENCE-FRIEDEL DEVELOPERS, INC 1359 BEVERLY ROAD !C N SUITE 200 April 7, 1997 $ MCLEAN,VIRGINIA 22101 i(C G 1 V (703)827-8300 C3 Fax 827-9184 '97 R' r: iG � i = o City Council City of Palm Desert CI ;Y G! m';3 0 73510 Fred Waring Drive 1 _ > Palm Desert, CA 92260-2578 T D Re : Palm Desert Country Club Shopping Center Palm Desert, California Ladies & Gentlemen: It has come to our attention that the Palm Desert City Council is considering an overlay-zone to permit drive-thru restaurants . The purpose of this letter is to formally request that our property, Palm Desert Country Club Shopping Center located at East Hoverley Lane. and Washington Street, be included in such overlay- zone . For Several reasons, we believe that the City Council of the City of Palm .Desert should include us in the overlay-zone and grant the requested zoning. First, we feel that if the city does not grant us the zoning we will be deprived of a reasonable opportunity to develop this property. Our shopping center measures about twelve acres, including three vacant pads . Jack-in-the-Sox has been negotiating with us for, one of these pads. In fact, the city has already approved the building elevations and the landscape plan for the restaurant . However, Jack-in-the-Box, as well as other prospective tenants, requires a building with drive-thru capabilities . They may choose to build their facility, as a matter of right, on the east side of Washington Street . Since we are currently prohibited from placing drive-thru facilities on our property, we stand to lose a tenant that we have spent much time, effort and money to locate on this property. More importantly, we are deprived of a significant use of the property which affects the marketability of the property as compared to other similar properties located in the vicinity. Drive-thrus were permitted as a matter of right under the Riverside County code which applied to us prior to the annexation. The loss of the right to devote the property to these uses works a tremendous hardship on us . If we had not had these rights, we would not have bought the property. Second, the zoning of the property will further the public welfare of the community. Presently, many residents of Palm Desert must travel several miles on surface streets to patronize similar facilities in neighboring jurisdictions . The proposed drive-thru facilities will provide convenient,. safe access to a substantial number of residential areas . Since the Lucky' s supermarket in this i center is the most successful in the desert, why make our customers f (your constituents) drive somewhere else to avail themselves of these uses? Third, if the city council permits the requested zoning, it will not be establishing a precedent that other property owners may use to alter current uses . The property is located in Palm Desert between .I-10 and Route 111 and is the only retail commercial property on Washington Street that is south of the freeway. Thus, our property is distinguishable from other properties . Fourth, when the City of Palm Desert annexed our shopping center property, we were advised that the city would grandfather our drive-thru approval . Since the annexation, we have obviously f discovered that this was not the case. The city council can rectify this situation only by including us in the overlay-zone and by granting the zoning request . Lastly, the drive-thru use is consistent with modern notions of neighborhood/community shopping center development . Look almost anywhere in the surrounding jurisdictions, and drive-thru facilities can be found in most mature shopping centers. Even more compelling is -the fact that across the street, property owners are permitted tq construct such facilities . We hope that you conclude that no rational reason exists for the city council to exclude us from the overlay-zone or to deny the zoning request . Please contact Howard Friedel (703) 827-8300 or Richard Frandsen (619) 360-4137 so we may take the necessary steps to insure inclusion in the overlay-zone. Thank you for. your consideration in this matter. i Sincerely yours, PALM SPRINGS-BEVERLY ROAD ASSOCIATES Robert Frank Pence General Partner RFP/mws k ( Mainiero, Smith and Associates, Inc. Planning I Civil Engineering/land Surveying . 6 J 777 East Tahquitz Canyon Way,Suite 301 /Palm Springs,California 92262-6784 Telephone(619)320-9811 /FAX (619)323-7893 '97 F,,j( 1 PM 2 29 March 10, 1997 AGENDA PACKET Mayor and City Council `gam" "C R „ CITY OF PALM DESERT IR 73-510 Fred Waring Drive MEETU DATE Palm Desert,Desert, California 92240 Re: Freeway Overlay Zone David Freedman & Co. Property Cook Street/Gerald Ford Drive Dear Mayor: - On behalf of our client, David Freedman & Co., Inc., please accept this as our request to include the entirety of their property currently under review with the City for inclusion in the proposed Freeway Overlay Zone. As you may be aware, the subject property has nearly 10,000 feet of frontage facing Interstate 10. The Overlay Zone, in combination with the current Change of Zone to PC-D and accompanying Development Plan would maximize the flexibility to develop this area. The Development Plan that was considered ,by the Planning Commission on February 18, 1997, had included some portions of the overall property for freeway oriented uses beyond the existing PC-2 zoning previously established at the junction of Cook Street and Interstate.10. In light of this pending plan, we did not present an argument to the Commission seeking additional Freeway Overlay Zoning (FOZ). Since the Commission has now taken action on our plan to make it consistent with the FOZ, we feel it necessary to point out that it is more logical to make the FOZ consistent with our Development Plan. The Planning Staff, in conjunction with the Zoning Ordinance Review Committee, (ZORC), drafted the FOZ to overlay the existing commercial zoning districts near the three off ramps leading into Palm Desert. This has led to three generally similar sites being given strikingly different overlay configurations. Given the superior visibility of the Freedman property from the freeway, it would seem logical to expand the FOZ to cover the proposed commercial, industrial and mixed use planning areas set forth in its overall development plan. The end result would still be a smaller FOZ district than that proposed for the Monterey off-ramp area. March 10, 1997 Page Two Under the circumstances of our request, it may make sense to continue this hearing until the Council has the opportunity to review the Development Plan for the Freedman property which is scheduled for the City Council meeting on April 10, 1997. At that time, the Council could base its decision on the FOZ districts on what we feel is an appropriate plan for the entire Freedman property, not on an outdated zoning pattem which predated the current planning effort. We continue to appreciate the assistance we are receiving from the Council, Commission and staff concerning our applications. We look forward to bringing to the City a series of high quality developments at this important gateway to the community. Very truly yours, Marvin D. Roos, AICP Director of Planning Services MDR:ssf cc: Katrina Heinrich Daniel Olivier 1�5 Mainiero, Smith and Associates, Inc. 777 East T,hyuic Canon Way.Suite 3011 Palm Springs,C:ilifumia 9226M784/Telephone(619) 320-9811/FAX(619) 323-7893 y y City of Palm Desert 73510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)340-0574 April 11, 1997 Mr. Marvin D. Roos, AICP Director of Planning Services Mainiero, Smith and Associates, Inc. 777 East Tahquitz Canyon Way, Suite 301 Palm Springs, CA 92262-6784 Dear Mr. Roos: Subject: Case Nos ZOA 97-1 and C/Z 97-2 - Freeway Commercial Overlay District At its regular meeting of April 10, 1997, the Palm Desert City Council considered the subject cases and has taken the following action: By Minute Motion, Council passed Ordinance No. 827 to second reading at the regular meeting of April 24, 1997, with removal of Section 25.108.040 regarding signs for separate consideration at the first meeting in June 1997. Staff has been directed to provide you with a copy of the agenda for the regular City Council meeting of Thursday, April 24, 1997. If you have any questions or require any additional information, please do not hesitate to contact us. S ncer ly, ' SBEILA R. GII LIGAN, DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SRG:rdk cc: Department of Community Development PerycbE Paper N�. City ®f Palm Daaad 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619) 340-0574 April 11, 1997 Mr. Robert Frank Pence General Partner Pence-Friedel Developers, Inc. 1359 Beverly Road, Suite 200 McLean, VA 22101 Dear Mr. Pence: Subject: Case Nos ZOA 97-1 and C/Z 97-2 - Freeway Commercial Overlay District At its regular meeting of April 10, 1997, the Palm Desert City Council considered the subject cases and has taken the following action: By Minute Motion, Council passed Ordinance No. 827 to second reading at the regular meeting of April 24, 1997, with removal of Section 25.108.040 regarding signs for separate consideration at the first meeting in June 1997. Staff has been directed to provide you with a copy of the agenda for the regular City Council meeting of Thursday, April 24, 1997. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, SBEILA R. GILLIGAN, CW DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SRG:rdk cc: 'Department of Community Develop`aieritl i City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)340-0574 April 11, 1997 Mr. Lionel Steinberg, President Ms. Katrina B. Heinrich-Steinberg, Vice President David Freedman& Company, Inc. P 0 Box 501 Thermal, CA 92274 Dear Sir and Madam: Subject: Case Nos ZOA 97-1 and C/Z 97-2 - Freeway Commercial Overlay District At its regular meeting of April 10, 1997, the Palm Desert City Council considered the subject cases and has taken the following action: By Minute Motion, Council passed Ordinance No. 827 to second reading at the regular meeting of April 24, 1997, with removal of Section 25.108.040 regarding signs for separate consideration at the first meeting in June 1997. Staff has been directed to provide you with a copy of the agenda for the regular City Council meeting of Thursday, April 24, 1997. If you have any questions or require any additional information, please do not hesitate to contact us. ,Sincerely, 1 �SHEILAR. LIGAN, C/ DIRECTOR OF COMMIJNITY AFFAIRS/CITY CLERK SRG:rdk cc: Department of Community Development) , �-Ity of Y Im Desert eF t Co uncil A Request Meeting of (larch 13, 1997 ` To be considered under. Consent Calendar_ Resolutions_ Ordinances Old Business_ Informational Items_ public Hearin X New Business_ P Other_ 2. Item Title:Consideration of approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to 3. Financial: issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with (a) Accou Monterey Avenue, Cook Street and Washington Street. (c) In the Current Budget? - (c) Appropriation Required? Approved by Director of Finance: a. Submitted by: 5. Approvals: Department Head t City Manager i f CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. III. APPLICANT: City of Palm Desert IV. CASE NOS: ZOA 97-1 and C/Z 97-2 V. DATE: March 13, 1997 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case Nos. ZOA 97-1 and C/Z 97-2 E. Planning Commission Resolution No. 1786 F. Planning Commission Staff Report dated February 18, 1997 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: I. BACKGROUND: July 11 , 1996 by minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District. STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97=2 MARCH 13, 1997 The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review Commission. This, was done (see minutes from ARC attached). We have not received comments from EDAC. II. ANALYSIS: The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in section 25.108.020 of the draft ordinance. These additional uses would be permitted only in this overlay zone area and only upon approval of a conditional use permit. As noted in the "purpose" section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will not be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual 2 STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 projects within the master plan will then be processed through the precise plan process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. The ordinance among other items would permit these signs to be as high as 60 feet but would require a distance of at least 750 feet between them. Only one would be permitted per development and they would only be available to traveler oriented users such as gas stations, restaurants and hotels. The size of these signs would be determined by the size of the commercial development it serves (size could range from 125 square feet to 175 square feet per sign face). These signs must be oriented toward freeway traffic. In order to maintain readability a maximum of six tenants may be identified on these signs. Illumination shall comply with existing standards but normal color limits will be waived in order to encourage recognizable logos. The actual height and design will rest with the Architectural Review Commission. In discussion with Councilman Crites it was his suggestion that the height be limited to the minimum height necessary to allow the sign to be visible from the freeway. This change was presented to Planning Commission and was included in the Planning Commission recommendation. Richard Franzen, owner of the Lucky Center at Washington and 42nd Avenue, has written (copy of letter attached) requesting that his property be included in the overlay district. Mr. Franzen's goal is to obtain approval of a drive-thru restaurant as had been approved by the county. 3 , STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 This property was discussed at ZORC October 16, 1996 and the committee dead-locked 2-2. Consequently it was not added to the overlay area. The Franzen property meets some of the criteria for the overlay district (i.e., on the boundary of the city where properties across the street operate under totally different rules) but it does not meet the distance from the freeway criteria. Mr. Franzen did not appear at Planning Commission nor did he write to Planning Commission. His argument was not presented to Planning Commission. If it is City Council's position that the Lucky site should be in the overlay district, then the matter should be referred back to Planning Commission for further review and recommendation. If it is City Council's position that the property should not be added to the overlay district, then Council should act on the Planning Commission recommendation. The Planning Commission by its Resolution No. 1786 has recommended approval of the creation of a freeway commercial overlay zone district on a 4- 0-1 vote with Chairman Ferguson abstaining. Prepared by: 61&4 ephen R. Sm t Reviewed and Approved by: Philip Dr II /tm 4 ORDINANCE NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS ZOA 97-1 AND C/Z 97-2 WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of March, 1997, hold a duly noticed public hearing to consider approval of an ordinance to create a freeway commercial overlay district; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act,.Resolution No. 97-18," in that the Director of Community Development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: Section 1 : That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to create Municipal Code Chapter 25.108 et. al. - The Freeway Commercial Overlay Zone District. Section 2: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "B." Section 3: The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and the same shall be in full force and effect thirty (30) days after its adoption. ORDINANCE NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. _ EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 3 ORDINANCE NO. _ Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landsca in : All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may decrease the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 4 ORDINANCE NO. _ 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 5 yr + r-� ` _ Change of Zone • ' ' � • MINUTES. PALM DESERT PLANNING COMMISSION 'f }N FEBRUARY 18, 19976 `. S�1Q9ECT F. Case Nos. ZOA 97-1 and C/Z 97-2 - CITY OF PALM DESERT,%�l(q�n� Request for approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. Mr. Smith stated that on July 11 , 1996 the City Council directed staff to proceed with the creation of the Freeway Commercial Overlay District. The matter was referred to ZORC. It was discussed there at a series of six meetings between October 1996 and January 1997. On January 22 ZORC endorsed it and directed staff to process it through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review. Comments were received from Architectural Review. They endorsed the changes. Nothing had been received from EDAC. He would attempt to have those comments before the City Council meeting. He noted that they were attempting to place an overlay on certain properties in the vicinity of the freeway where it intersects with Monterey, Cook and Washington Street. These areas were shown on an exhibit attached to the resolution and it showed the three areas. He noted that in each instance the properties are currently zoned Planned Commercial allowing for commercial development. Currently there was a prohibition against drive-thru restaurants in Palm Desert and this overlay zone through the ordinance would allow drive- thru restaurants in this overlay area only. It would not apply to the city as a whole, only the three overlay areas. As well, there is a restriction on service stations located within 500 feet of each other. In this instance these prohibitions would be waived. The provisions of the overlay would be available to the owner. The owner could choose to use them. The development standards require that projects proposed under this ordinance be master planned in a minimum area of five acres. Individual projects within the master plan would then be processed through the precise plan process to ensure that the master plan policies are being implemented. The ordinance would establish a series of development standards above and beyond the current City standards. Specifically parking, setbacks and landscaping. Projects using this Freeway Commercial Overlay Zone would be required to provide a minimum 30% landscaped open space. The current standard for basic retail is 15% of the parking area, which is a much lesser amount. On service station sites themselves, there is a 20% of the lot standard. Lastly the ordinance proposed a new category of signage, freeway visible signage. The 15 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 goal is for these signs to be visible to traffic traveling on Interstate 10. The ordinance would permit these signs as high as 60 feet, but would require a distance of at least 750 feet between these signs. There would only be one permitted per development. The size of the signs were dictated by the size of the development that it serves. Sizes ranged from 125 square feet to 175 square feet. In the packets Planning Commission received an array of photographs of the sign at ARCO at Date Palm and the freeway taken from different distances. That sign was 52 feet high and has a face area of 147 square feet. The ordinance prescribes a maximum of six tenants on these signs. There was a normal standard of a maximum of three colors on a sign face. The ordinance would waive that in order to favor companies using their national logos on these signs. They want people to recognize national logos so that they can identify them quickly when they are on the freeway and make their decision about whether to get off or not. Since this matter came out of ZORC, Mr. Smith stated that he had a discussion with Councilman Crites relative to the height. Currently Section 40 part 4 allows up to 60 feet in height and he had no problem with the verbiage he suggested, that "the maximum height of freeway visible signage shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall it exceed 60 feet in height." Secondly, under landscaping on page 3 of the Planning Commission resolution they call out a requirement for 30% and then the last sentence of that section presently reads, "With a showing of good cause the Planning Commission may increase the minimum landscaped open space requirement." Increase should be changed to decrease in that certain other uses have been added in to be permitted in this freeway commercial overlay. For instance, mini-warehouses. The idea was that they might want to tuck under the freeway ramps. Once the freeway ramp goes there the desirability of doing much of anything on that property is limited and they didn't want to say that even though an applicant was putting in an undesirable use, they had to smother it with landscaping at 30% that no one could see. That would be an instance where Planning Commission could reduce the landscape requirement. Mr. Smith noted that this was a Class 5 categorical exemption for purposes of CEQA. The rational for allowing the drive-thru restaurants on these sites that are on the perimeter of the city were that if we don't do it and it happens in the county on the other side of the freeway or the other side of Washington Street, these properties were reasonably isolated and they were at a competitive disadvantage if they didn't. That was part of the rational of the Zoning Ordinance Review Committee in its review of this. Staff felt it would create more of a level playing field, but Palm Desert's standards would be so much higher than the county standards across the street that it might still be viewed as a negative, but at least it would not be an outright prohibition. With the two changes noted relating to the height 16 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 of the freeway signs and changing increase to decrease, staff recommended that Planing Commission recommend approval of the overlay area and ordinance text to the City Council. Commissioner Jonathan asked Mr. Smith to clarify why this would receive an exemption from CEQA. He felt the change of zone could have a significant impact on the environment. Mr. Smith replied that all the sites were currently zoned Planned Commercial. The changes they were making were minor changes to the commercial zoning. Most of the issues related to drive-thru restaurants versus restaurants. The uses they were looking at were for the most part already envisaged in the zoning and general plan. Commissioner Jonathan asked if the resulting uses would not have a significant impact from that which would result without these changes. Mr. Smith said that some of them could. They would review each one on its own merit and review each one for the purposes of CEQA, so it would be covered. Commissioner ermined at that point that there is a significant Jonathan said that if it was determined p 9 impact, then an EIR or whatever could be done. Mr. Smith concurred. He noted that in the instance of the development plan that was continued earlier, they were actually reducing the traffic projections in the area covered by the development plan by around 20-25% over what the general plan had proposed for the area. They have a little give and take going both ways. Commissioner Jonathan asked about the signage and wanted to be sure the liberalization applied only to site specific signage. In other words, not general advertising but something that identifies the particular establishment onsite. Mr. Smith stated that was correct and indicated that as well, there was verbiage "businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels." Commissioner Jonathan asked if that was the intent of that language. For example, they could have general advertising that says use Shell gas stations or go to McDonald's. Mr. Smith stated that it had to be site specific to the site the sign is serving. Mr. Smith noted that the restaurant park they were looking at with five restaurants would have the five restaurants up there, plus maybe the service station. Time would tell. Commissioner Jonathan clarified that there would be no general advertising on these liberalized signs. Mr. Smith concurred. Chairperson Ferguson stated that he was recusing himself from this matter. In reviewing the minutes associated with the packet, their consideration of this at the Comprehensive Zoning Ordinance Review Committee was really taken up in two aspects--the commercial aspect and the signage aspect. Although he was present at the meetings for the commercial issue, he was not present for the freeway signs and stated his reasons therefore, even though they were 17 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 not reflected in any.of the minutes. Also, he reported to Planning Commission last week in reviewing the minutes of the last meeting on what they have been doing in the Comprehensive Zoning Ordinance Committee meetings and made comments on the commercial side of it and none on the freeway visible signage side of it because he thought they would be taken up separately. He just wanted to clarify that matter for the record. Chairperson Ferguson opened the public hearing and asked for comments in FAVOR of the ordinance change. MR. MARVIN ROOS, with Mainiero, Smith & Associates, 777 East Tahquitz Canyon in Palm Springs, stated that he represented the David Freedman Company. He said they have been working with the City staff over a year now on exactly how to bring before the Planning Commission a variety of uses for a 270-acre parcel that basically strattles both sides of Cook with about 10,000 feet of freeway frontage. They have developed a development plan which they brought before commission last fall for some preliminary comments. Based on that they made an application. Right after the application was submitted ZORC started meeting. They kind of presaged ZORC in the conditions and comments and recommendations. They have adjusted their plan and their conditions to reflect that which is now in the ordinance. In general terms, maybe not in all specific terms yet, because the public hearings, Planning Commission and Council input was still coming in, so they might be making some further changes to try and accommodate that. They support the ordinance and the requirements that the city has come up with. He pointed out in the open space requirement that what they were trying to do with that for the commissioners that hadn't seen the site specific development plan, they were trying to develop a common open space use around which the freeway business could orient and create more of a park-like setting for restaurants and gas station type users and people could stop and stretch and look at some desert landscaping, a little turf or picnic or something of that nature. They might in their development proposal see an overall 30% of open space, maybe including the mini-warehouse type uses that might be next to the railroad tracks. He said there might not be a site by site by site 30%, they would have to look and see how that goes. In any event, they would have 15-20% just from the retention requirement, so it wasn't that much more but it was an extensive requirement that they would be placing on these uses for long term maintenance. For typical fast food restaurants and freeway type businesses, 5% would be a lot and that was not usually maintained, so 18 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 they would be fighting an uphill battle to some degree to get the people into this point. They were looking forward to pursuing this with the City. He hoped they had everything in now and could come before commission next time and bring that to them and supported the ordinance. MR. STEVE GLUSKER, 72-720 Firth Place in Santa Monica, stated that he and his partner own a portion of Monterey Shore Plaza which was where Costco and Home Base are located and asked about the sign aspect of the ordinance. He said that for that center the only two retail locations that meet the criteria would be Bubba Bears Pizza and Taco Bell. He said it would seem to him where the City's welfare was concerned and where the owners' welfare was concerned that if there were to be a sign on the freeway at some point in the future, that it would be more important for that sign to encompass Home Base and Costco, which were sizable generators of tax revenue to the City and were a major component to the draw to the center as opposed to fast food restaurant and a pizzeria which by the wording that was faxed to him today, which was the reason they were at the meeting, would be limited to restaurants in their case. Mr. Smith noted that there was an application for a service station on the corner there that staff was currently processing from Price Costco. Second, they did put in some language under Clause 2, other similar users, which may be approved by the Planning Commission. If they had a center nearing build out and it didn't include it yet the signage could work there, then they could put themselves in the hands of the commission to make that consideration. Mr. Glusker asked if what would be specifically allowed by the proposed change would be any signage for a gas station, a restaurant or a hotel. Mr. Smith concurred. Mr. Glusker asked if it might make sense to be more all encompassing in terms of the sign requirement or in the alternative, don't put any restriction on which types of retail users would be allowed to have signage. Commissioner Jonathan felt that was a valid point. He asked if there was someone that went through the process with ZORC that could address that. He asked why there was a restriction on businesses that qualify. Mr. Drell stated that the initial conception was that signs would be for those sorts of 19 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 businesses that will be relying almost exclusively on freeway attraction. People wouldn't drive to Dinah Shore for a hamburger or to buy gas. Typically their survival was dependent upon drawing people off from the freeway. The issue would be if uses like Price Costco or Home Base were significant enough of a regional attraction that most of the people that would be coming would be coming from the freeway. That would almost apply to anyone that had frontage on the freeway. That was kind of the concession--those businesses wouldn't exist if they couldn't be seen from the freeway. Commissioner Jonathan asked if the forces of the free market would predicate what kinds of businesses that would qualify for that intent because they were the ones that would end up being next to the freeway. Mr. Drell said they were creating more due to the extreme nature of the freeway. Obviously Price Costco has existed in the past without that signage. Home Base has existed to a maybe a lesser degree without that signage. Part of what they were deliberating was the issue of whether the fact that someone would still need to draw a large portion of their business from the freeway, although not a tourist oriented business, it would still warrant and justify them having that sort of exposure. That was a question that Planning Commission could decide. Commissioner Jonathan stated that he was thinking that if there was a certain limitation on the number of signs in terms of how far away they were spaced and the size of the signs, if he was going to live with those restrictions, he didn't really care if it said Price Costco or Bubba Bear. Mr. Drell said that the size was dependent upon the area of the center, not the number of tenants and they could let them decide how they use their sign. Mr. Drell said there were those who if they were given a choice would have no sign. The issue would be what the compelling reasons were to allow any sign at all at that height. The issue was that for these particular uses they need it or they won't survive. While most people know Price Costco and those businesses are still there, if they are not tourists, people in the Coachella Valley pretty much know where Home Base and Price Costco are. They don't need to know on the freeway which offramp to get off at. Mr. Smith noted that about a year ago he met with both the Price Club and Home Base people when they redid their signs on Dinah Shore. In those discussions, staff urged them to propose freeway related signage, something that would be high enough at the backs of the buildings there and indicated that staff would run with an ordinance amendment to permit that and they never got back with staff. Frankly, staff did see some stumbling blocks and seeing as they didn't have people coming back to them staff just sort of let that matter rest. 20 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 18, 1997 Mr. Glusker asked if there was a potential willingness to consider freeway visible signage for Home Base or Price Costco or whomever. Mr. Smith replied yes, in his mind there was in that staff wanted to encourage them to have some visibility, but not necessarily as part of this ordinance. Chairperson Ferguson closed the public hearing and asked for commission comments. Commissioner Campbell stated that she would move for approval and Commissioner Fernandez seconded it. Commissioner Jonathan stated that he favored the application. He had mixed feelings about the signage and could see both sides of the issue and he would expect there would be some opposition to the signage standards at some point in the process. He said that he didn't like signs and didn't like signs on the freeway and when he drove up in the northwest and in Canada last summer, he liked what they do up there. They just had very generic signs that simply stated the names of the businesses at the next offramp. It was very nice, very informative and served the purpose without detracting from the scenery, which was very important to the people up there. He wished they had that in So. California because it was a blight on the freeways. He didn't know which he hated worse, the tumbleweeds or the signs or the combination of the two. Having said that he felt they were kind of stuck with it and he would rather regulate it carefully than allow county standards or lack of regulation for Palm Desert's several mile stretch along the freeway. Reluctantly he would go along with the signage aspect of the application, but he felt the restriction was reasonable and based on the explanation provided by staff it made sense to limit the available standards to those types of business and to provide a back door where other businesses could apply to the Planning Commission and go through the process since they had heard there was a willingness that they would at least listen. Reluctantly with regard to the signage, but with enthusiasm for the rest, he would go along with the request. Action: Moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 4-0-1 (Chairperson Ferguson abstained). Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1786, recommending to City Council approval of ZOA 97-1 and C/Z 97-2. Carried 4-0-1 (Chairperson Ferguson abstained). 21 -PLANNING COMMISSION RESOLUTION NO. 1786 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS. ZOA 97-1 AND C/Z 97-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council of ZOA 97-1 Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of February, 1997, by the following vote;to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JON NOES: NONE ABSENT: NONE ABSTAIN: FERGUSON AME FERGUSON, Chairperson ATTEST: PHILIP DRELL Secretary Palm Desert Pranni6g Commission PLANNING COMMISSION RESOLUTION NO. 1786 EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit-shall be as follows: q restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores IV) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 2 PLANNING COMMISSION RESOLUTION NO. 1786 Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may decrease the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 3 PLANNING COMMISSION RESOLUTION NO. 1786 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet i Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six {6). The A.R.C. may reduce the maximum number of. businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 4 Y Y . PA . M �f i 'a' �'.�'p •SY"' ' ::� tote Y. • S� `, 3 a sw I i I �i ' I .N•l I2A00 r k ! k ' CITY OF PALM DESERT Case No. C/Z 97-2 rf- RESOLUTION NO . 1186 �Kn (� � po � � B Date February 18, 1997 i CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: February 18, 1997 CASE NOS: ZOA 97-1 and C/Z 97-2 REQUEST: Approval of a zoning ordinance amendment and change .of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street APPLICANT: City of Palm Desert I. BACKGROUND: July 11 , 1996 by minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District (see minutes attached). The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review Commission. This was done (see minutes from each attached). II. ANALYSIS: The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. STAFF REPORT ZOA 97-1 AND C/Z 97-2 FEBRUARY 18, 1997 Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in section 25.108.020 of the draft ordinance. These additional uses would be permitted only in this overlay zone area and only upon approval of a conditional use permit. As noted in the "purpose" section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will nol be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual projects within the master plan will then be processed through the precise plan process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. The ordinance among other items would permit these signs to be as high as 60 feet but would require a distance of at least 750 feet between them. Only one would be permitted per development and they would only be available to traveler oriented users such as gas stations, restaurants and hotels. The size of these signs would be determined by the size of the commercial development it serves (size could range from 125 square feet to 175 square feet per sign face). These signs must-be oriented toward freeway traffic. 2 STAFF REPORT ZOA 97-1 AND C/Z 97-2 FEBRUARY 18, 1997 In order to maintain readability a maximum of six tenants may be identified on these signs. Illumination shall comply with existing standards but normal color limits will be waived in order to encourage recognizable logos. The actual height and design will rest with the Architectural Review Commission. In discussion with Councilman Crites it was his suggestion that the height be limited to the minimum height necessary to allow the sign to be visible from the freeway. The first sentence of section 25.104.040 (iv) would then read: "The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed 60 feet." III. CEQA REVIEW: The proposed ordinance is a Class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. IV. CONCLUSION: The properties to be included in this overlay district are all located near the 1-10 freeway and near-the north and/or east city boundary. As such, these properties are at a competitive disadvantage with sites on the north side of the freeway and east of Washington Street. This proposed ordinance will create a more level playing field. With the development standards included in the ordinance we feel that we will be assured that quality projects will result if applicants choose to avail themselves of the FCOZ. V. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of_ an ordinance establishing the Freeway Commercial Overlay Zone District with the change to section 25.104.040 (iv) as specified above. 3 STAFF REPORT ZOA 97-1 AND CIZ 97-2 FEBRUARY 18, 1997 VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies Prepared by t e Smith D44, Reviewed and Approved by .:,�Jj Phil Drell Am 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS ZOA 97-1 AND C/Z 97-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council of ZOA 97-1 Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held onAhis 18th day of February, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning .Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master., plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from-an arterial street. 2 PLANNING COMMISSION RESOLUTION NO. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (Le. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) � space per 250 sq. ft. Convenience Store of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 3 I PLANNING COMMISSION RESOLUTION NO. q Maximum number of freeway visible signs shall be one per development. Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) . The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 4 ,: . �. �►r �: ��, .� � �� . .� Pm ...� 'N``N ��, ,� �... ��-�; �__ �� ,�� .�,� ��.",.x '�r � Pf �'Etra- � 3 y ae� t _ � �� .nb+ ((eems�_ 'ytrtry��,,NNaa��-�.>.�"Fi°p* p�p �sa`-,-„aI°�'^��i 33�`psT„�'�`.'. „-.��' >z�'f ..; 1 5�,,`-\``\ p �i �: ■ .,■ �;. �4. :� �'�li_ �,rr � _� !i'iZ1i '�� - � • � • • • MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 affect this application but would alert others coming in that there is a moratorium in place. He added that the moratorium could be cut short if a solution is found. Councilman Kelly moved to waive further reading and adopt Ordinance No. 8110, adopting a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of wireless communications facilities in the City. Motion was seconded by Spiegel. Mr. Diaz stated for the record that if the applicant from Pacific Bell would indicate that there is no problem with continuing his request to the meeting of August 22nd, then the Council would not have to come back at 7:00 p.m. to consider that public hearing. Mr. Doherty agreed with the continuance and said he was happy to have a commitment by the City to get this done quickly. He added that he would work with staff on this matter. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. XH. OLD BUSINESS A. REQUE5T FOR CONSIDERATION OF POTENTIAL =ATION OF FREEWAY COMMERCIAL ZONE. Mr. Drell stated that staff had been given direction to work a "little bit" on this issue. He provided a map to the Council showing the interchanges and stated that two things prohibited right now were more than one gas station and drive thru fast food restaurants. Councilman Spiegel suggested that, with the pending completion of the overpasses, the entire area along Interstate 10 on the south side should be looked at and that staff come back with a general plan-change for the area. Councilman Kelly stated that he felt just the area adjacent to the new interchanges should be , addressed as far as what effect they will have. Mr. Drell noted that the general plan did designate the entire frontage area as a mixture of commercial/industrial uses. He said that currently in every commercial lone no more than one gas station within 500 feet of another is allowed. In addition, nowhere in the City are drive-thru restaurants permitted. Mayor Snyder stated that what Councilman Kelly was saying was that nothing is wrong with the City's current ordinance, but perhaps we should have an ordinance addressing just the areas adjacent to the interchanges. Mr. Drell responded that this was the intent of the freeway commercial zone, to create in essence a new zone just for the interchanges, and that was what was outlined on the map shown to the Council. 12 M]NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 Councilman Kelly moved to, by Minute Motion, direct staff to initiate and process a zoning ordinance amendment in relationship to freeway commercial zoning for the interchanges. Motion was seconded by Spiegel and carried by unanimous vote. MR. MARVIN ROOS, Mainiero Smith and Associates, stated he represented Lionel Steinberg and Katrina Heinrich. He said they were currently master planning almost two miles of frontage on the freeway and had worked with staff to come up with that plan. He said they anticipated a high degree of interest at the interchanges with more of a freeway orientation. Through that master plan process and precise plan process, he felt the Council and Planning Commission had the degree of control needed. He said they could live with or without it being a freeway zone per se, but he said there would be some interest they would be discussing with the City. He noted in his particular case at Cook Street, an agreement had already been reached with a large scale auto service facility which would be the only such facility within a mile as they would not be coming to the Council and asking for multiple service stations. He said fast food might be an issue and that they would like to work with staff on the issue of some type of graphics to let people know what the facilities are and how to get to them. He added that they hoped to submit something in the next few months on this entire property. MR. ROD LUSIO with McDonald's and Chevron, spoke regarding the site at Washington and Country Club and asked whether this would be included in the new zoning. He also expressed concern with drive-thru restaurants not being allowed. Mr. Diaz stated that direction to staff was to study those specific issues. Mr. Drell added that staff would be preparing potential changes to the ordinance relating to use, and this would relate to the site noted by Mr. Lusio. Mr. Lusio asked whether they should continue to develop the feasibility of the site with staff while this study is being done. Mr. Drell responded in the affirmative and said the Council has authorized staff to consider those changes to the ordinance which could allow, given the right circumstances, the sort of project being proposed by Mr. Lusio. %III. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Request for Electric Shuttle Sharing with the City of Laguna Beach. Mr. Wohlmuth reviewed the staff report, noting that the City of Laguna Beach had called relative to the City of Palm Desert's shuttle, which was identical to theirs. He said they had two questions: 1) Could they use Palm Desert's shuttle while theirs was getting a new battery; and 2) Would the City of Palm Desert be interested in sharing 13 MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 1) . CALL TO ORDER: The meeting was called to order at 3:15 p.m. PRESENT: Jean Benson, Jim Ferguson, Bob Leo, Frank Urrutia, Steve Smith, Phil Drell ALSO PRESENT: Katrina Heinrich, Marvin Roos Mr. Roos advised that the concept plan for the northeast corner of Cook Street and Gerald Ford actually had approximately 45% landscaping shown. Accordingly,the committee agreed to change the total landscape requirement from a minimum of 25% to a minimum of 30%. The committee also discussed additional uses which could be permitted with the issuance of a conditional use permit. It was felt that in the shadow of the freeway off ramps and adjacent to the railway mini-warehouses and outdoor storage of recreational vehicles and boats could be acceptable if properly screened. Accordingly, items (viii) and (ix) were added to Section 25.104.020 Conditional Uses. Mr. Smith reviewed the draft freeway visible signage standards which had been circulated. Mr. Ferguson declared a possible conflict of interest and left the meeting at this time. The committee discussed that these "special signs"would only be permitted for commercial uses within 500 feet of the freeway. As well,the committee added to Section(ii) "that only traveler oriented users such as gas stations, restaurants, and hotels can locate on these"special signs"." The committee discussed the provision of not including in the sign area any city logo or signs. It was determined that the city wold not likely take advantage of this provision. Accordingly, it was deleted from the draft. Relative to item(v) the committee decided to increase the size limit in each category by 25 square feet, i.e.: 5 - 9.99 acre site....................125 square feet 10 - 24.99 acre site.................150 square feet 25+ acre site...........................175 square feet �1 MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 The committee discussed at length how these signs should be oriented. It was agreed that the maximum number of faces shall be two and that they shall be oriented east/west to be viewed from vehicles traveling the I-10 freeway. This language was added to Section(v). Action: With the above noted changes it was moved by Bob Leo, seconded by Frank Urrutia, to endorse the revised draft Freeway Commercial Overlay Zone District standards and direct staff to process the ordinance through the Planning Commission and City Council. Motion carried 4-0. The committee also directed that the revised draft ordinance be referred to the Economic Development Advisory Committee and Architectural Review Commission for comments to be included in reports to the Planning Commission and City Council. II. ADJOURNMENT: The meeting was adjourned at 4:35 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Present: Jim Foxx, Jean Benson, Jim Ferguson,Frank Urrutia, Tim Bartlett, Steve Smith Also Present: Katrina Heinrick,Marvin Roos Mr. Roos presented and described a conceptual site plan for the food court at the northeast comer of Cook Street and Gerald Ford Drive. The plan provided a 20,000 square foot common use area (picnic area) and provided total landscape area in the range of 20%to 25%. After considerable discussion the committee agreed to require a basic minimum of 25% of the total area be landscaped. The intention being to preserve large common use areas for public purposes such as picnic areas, dog run, and also provide a high level of perimeter landscape quality. The 25% requirement to be split 15/10 with 15% going to perimeter treatment and 10%to the common use area. Member Ferguson argued for a 30% minimum to be split 15115 with the stipulation that planning commission could reduce the amount if an acceptable plan is presented which is less than 30%. He felt that it wold be easier to grant an exception to a lesser amount than increase the amount when a plan meets the 25% level but is still acceptable. The committee discussed the revised draft FCOZ ordinance and felt that the parking numbers were acceptable. The number of spaces needed for a service station with service bays is not the problem, rather the operation/storage of vehicles should be approached from other means of enforcement (i.e. don't allow ovemight storage of vehicles). . The committee discussed the matter of allowing planning commission to increase or decrease the prescribed number of parking spaces with a showing of good cause. It was decided to relocate this paragraph to be above the section delineating the requested number of parking spaces and to place the"may increase the number of spaces"before"may decrease the number of spaces','. It was agreed that the "showing of good cause" should relate to operational characteristics or where uses are clearly different. The planning commission would have to avoid the appearance of acting in a capricious manner. MINUTES \ ZONING ORDINANCE REVIIEW COMMITTEE DECEMBER 4, 1996 Member Benson noted that the draft ordinance did not include a section on"Freeway visible signs". It was decided that the ordinance must include a signage section. Issues to be decided: i) minimum distance between signs ii) maximum number of signs per site iii) maximum distance to freeway iv) maximum height of signs (performance standard should be used) v) minimum letter or logo size vi) maximum number of businesses to be located on one sign vii) maximum sign face area to be permitted It was decided that the next meeting would be Wednesday,January 8, 1997 at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 I �0Lj MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE Present: Frank Goodman, Jim Foxx, Jim Ferguson, Frank Unutia, Tim Bartlett Also Present: Ron Gregory, Katrina Heinrich, Marvin Roos, Steve Smith,Phil Drell Steve Smith reminded the committee they had reviewed a draft Freeway Overlay ordinance on November 6, 1996. Part of the discussion at that time concerned the amount of landscaping which should be required for these uses. p Ron Gregory was resent to discuss the landscaping issue. He felt that whatever percentage was decided the city should require that it be split to a certain minimum percentage which would be applied to parkway landscaping and a certain minimum interior percentage. Katrina Heinrich advised that her`food park' would be 7-1/2 acres and include up to six restaurant outlets. Some of the restaurants could be general sit-down restaurants. The goal is to have a large enough site to put the restaurants in a park-like setting. The committee discussed the advisability of having all the uses fit into a master landscape concept or whether they should be handled individually. If the park area is to be in the middle of the parking area then the driveway will need to be designed to slow traffic. Some members felt that the FCOZ ordinance should prescribe a general expectation and impose standards to meet the expectation. The committee than revisited some of the ordinance provisions which have been discussed previously (i.e.number of parking spaces at service stations with service bays). Frank Goodman advised that the Chevron station on Washington Street had two service bays and 19 on-site parking spaces, which in his opinion was not enough. The committee also discussed how to determine needed parking for a restaurant with an indoor playland. It was generally agreed that one-fourth of the normal requirement should be applied to playland areas. Katrina Hienrich indicated that she had agreed with her developer that she would provide one acre free of charge for the park. She indicated she would also set aside land for a common employee parking lot. Mr. Smith indicated that overall we may need extra parking to accommodate employees because there is no bus service and no nearby residential areas. 4 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 The committee decided that before it could prescribe a minimum landscape requirement it would need to see plans showing various levels of landscape treatment. Mr.Bartlett offered to send Mr. Roos building plans of various fast food restaurants which could be placed on the site plan. The meeting adjourned at 3:25 p.m. The next meeting is scheduled for Wednesday, December 4th at 3:00 p. m. STEVE SMITH PLANNING MANAGER SS/db 2 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 6, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Jim Ferguson, Frank Goodman The committee discussed at length the draft Freeway Commercial Overlay Zone District text as circulated by staff. The committee decided that interior street width within a"food park"should be a minimum 28 feet. Committee discussed whether they should be a building coverage limit and decided it was not needed. Mr. Leo suggested that the committee/staff visit Burns Bros. Truck Stop on I-10 to review the parking and overall layout. Committee reviewed suggested parking and decided: Auto Service Station --No Service Bays — 5 Spaces Auto Service Station —With Service Bays —4 Spaces/Bays Convenience Store — 1 Space/250 sq. ft. GFA/Minimum 10 Spaces Full Serve Car Wash - 16 Spaces The committee determined that the planning commission should be able to increase or decrease required parking where circumstances wan-ant. Stacking at drive-tbru restaurants needs to be reviewed with actual operations. Considering the location(i.e. no bus service and no residences within walling distances). Restaurants in the a FCOZ need extra on-site parking for employees. Committee discussed how common areas at the"food park"would be maintained and how the city could assure long term maintenance. The committee discussed at length the issue of how much landscape area would be necessary to provide a desirable and pleasing"food park" environment. Committee decided tor invite a landscape professional to provide input at the next meeting. ST SMITH PLANNING MANAGER SS/db MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 16, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Steve Smith, Phil Drell, Jim Ferguson, Jim Foxx Also Present: Marvin Roos, Katrina Heinrich The committee continued the discussion concerning the freeway commercial overlay district. Specifically, the committee discussed extending the district to include the Lucky center on Washington Street at Hovley Lane East. This center is very isolated from the rest of the city and is at a competitive disadvantage to uses across Washington Street in the county. Some members of the committee felt that this center did need special consideration but that the (FCOZ) was not appropriate due to the distance from the freeway. The committee took a vote on this matter and dead-locked 2-2 (Member Benson not present at this time),Ferguson and Leo voting No with Foxx and Bartlett voting Yes. The committee discussed freestanding offsite signs that would be visible from the freeway and identify.major businesses located near the freeway. The committee decided that it needed to see these types of signs in other communities and report back to the committee in the future. STEVE SMITH PLANNING MANAGER SS/db MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 2, 1996 Present: Jim Foxx, Bob Leo,Tim Bartlett, Jean Benson, Katrina Heinrich, Steve Smith The committee discussed the pros and cons of establishing a freeway commercial overlay district. The committee concluded that the city should create an overlay district where drive thru/drive up.restaurants, and service stations would be permitted. Failure of the city to permit these uses would result in these uses going across the street in other jurisdictions. The committee discussed how large these overlay areas should be and discussed each of the off ramps from I-10 separately and decided on the amount of area to be designated. _ The committee decided that the district should be called"Freeway Commercial Overlay District". Regarding drive-thru restaurants, the committee felt they should be within a"Food Park"which would be 5 - 10 acre areas which would be master planned for several fast food(drive-duu) restaurants. Master planned area could include dog park,kids land, community picnic area, and . could be combined with convenience store and fuel station. These master plan areas would need to be reviewed and approved prior to first restaurant proceeding. The committee discussed the necessity of having freeway visible signage to identify these freeway commercial uses. Height would need to be based on the topography and the location. The city would need to determine what uses could expect to have spaces on these signs. The committee concluded by requesting staff to check into regulation in place in other cities and counties. The idea was that we should look at off site signage for several users and that this signage would be master planned at each off ramp. SS/db CITY OF PALM DESERT MEMORANDUM TO: Paul Shillcock, Economic Development Manager FROM: Steve Smith,Planning Manager DATE: January 27, 1997 SUBJECT: Freeway Commercial Overlay District 4 The comprehensive Zoning Ordinance Review Committee has completed its review of the above noted ordinance, which if enacted by the City Council, will expand permitted uses in certain designated areas around the freeway off-ramps. The committee has endorsed the draft ordinance and referred it to the Economic Development Advisory Committee for comment. The matter will go to public hearing before the Planning Commission on February 18, 1997. We would be pleased to present any comments from E.D.A.C. to the Planning Commission at that time. ST SMITH PLANNING MANAGER Attachment SS/db Ce2y ®f PWm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2576 TELEPHONE (619) 346-0611 FAX(619)340-0574 March 17, 1997 Lionel Steinberg, President Katrina B. Heinrich-Steinberg, Vice President David Freedman& Company, Inc. P O Box 501 Thermal, CA 92274 Dear Sir and Madam: Subject: Case Nos ZOA 97-1 and C/Z 97-2 - Freeway Commercial Overlay Dist 'ct n i At its regular meeting of March 13, 1997, the Palm Desert City Council considered the subject cases and has taken the following action: By Minute Motion, Council moved to continue this matter to the meeting of April 10, 1997. Staff has been directed to provide you with a copy of the agenda for the regular City Council meeting of Thursday, April 10, 1997. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely,Z. 14 SHEILA R. GILLIGAN, CMC DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SRG:rdk ('cc: —Department of Community Development I i 1 City ®f P'S9m Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)340-0574 March 17, 1997 Marvin D. Roos,AICP Director of Planning Services Mainiero, Smith and Associates, Inc. 777 East Tahquitz Canyon Way, Suite 301 Palm Springs, CA 92262-6784 Dear Mr. Roos: Subject: Case Nos ZOA 97-1 and C/Z 97-2 - Freeway Commercial Overlay District At its regular meeting of March 13, 1997,the Palm Desert City Council considered the subject cases and has taken the following action: By Minute Motion, Council moved to continue this matter to the meeting of April 10, 1997. Staff has been directed to provide you with a copy of the agenda for the regular City Council meeting of Thursday, April 10, 1997. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, SHEILA R:-GILLIGAN!QMC DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK SRG:rdk cc: Department of Community Development A�� c 't�� "cep= c • �] CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEV€kUPMEPFI STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. III. APPLICANT: City of Palm Desert IV. CASE NOS: ZOA 97-1 and C/Z 97-2 V. DATE: March 13, 1997 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No.827 D. Planning Commission Minutes involving Case Nos. ZOA 97-1 and C/Z 97-2 E. Planning Commission Resolution No. 1786 F. Planning Commission Staff Report dated February 18, 1997 r G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 827 to second reading. B. DISCUSSION: I. BACKGROUND: July 11 , 1996 by minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District. v STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. . January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review Commission. This was done (see minutes from ARC attached). We have not received comments from EDAC. II. ANALYSIS: The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in section 25.108.020 of the draft ordinance. These additional uses would be permitted only in this overlay zone area and only upon approval of a conditional use permit. As noted in the "purpose' section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will not be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual 2 STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 projects within the master plan will then be processed through the precise plan process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. The ordinance among other items would permit these signs to be as high as 60 feet but would require a distance of at least 750 feet between them. Only one would be permitted per development and they would only be available to traveler oriented users such as gas stations, restaurants and hotels. The size of these signs would be determined by the size of the commercial development it serves (size could range from 125 square feet to 175 square feet per sign face). These signs must be oriented toward freeway traffic. In order to maintain readability a maximum of six tenants may be identified on these signs. Illumination shall comply with existing standards but normal color limits will be waived in order to encourage recognizable logos. The actual height and design will rest with the Architectural Review Commission. In discussion with Councilman Crites it was his suggestion that the height be limited to the minimum height necessary to allow the sign to be visible from the freeway. This change was presented to Planning Commission and was included in the Planning Commission recommendation. Richard Franzen, owner of the Lucky Center at Washington and 42nd Avenue, has written (copy of letter attached) requesting that his property be included in the overlay district. Mr. Franzen's goal is to obtain approval of a drive-thru restaurant as had been approved by the county. 3 s STAFF REPORT CASE NOS. ZOA 97-1 AND C/Z 97-2 MARCH 13, 1997 This property was discussed at ZORC October 16, 1996 and the committee dead-locked 2-2. Consequently it was not added to the overlay area. The Franzen property meets some of the criteria for the overlay district (i.e., on the boundary of the city where properties across the street operate under totally different rules) but it does not meet the distance from the freeway criteria. Mr. Franzen did not appear at Planning Commission nor did he write to Planning Commission. His argument was not presented to Planning Commission. If it is City Council's position that the Lucky site should be in the overlay district, then the matter should be referred back to Planning Commission for further review and recommendation. If it is City Council's position that the property should not be added to the overlay district, then Council should act on the Planning Commission recommendation. The Planning Commission by its Resolution No. 1786 has recommended approval of the creation of a freeway commercial overlay zone district on a 4- 0-1 vote with Chairman Ferguson abstaining. Prepared by: � � r ephen R. Sm t c Reviewed and Approved by: Philip DWI Am 4 City of Palm Desert I73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 February 21, 997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by THE CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the I-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). SAID public hearing will be held on Thursday, March 13, 1997, before the Palm Desert City Council at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive,Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice.shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the city council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk February 27, 1997 Palm Desert City Council t 4 ' I ' e .;.yel•N y . . �aS I� p4 12.000 , LL L LJI �C �l•_ I ?�< �I r P N .a. �'L t f3°'�a k WWI . r s U " � to ff,g �l�r � � ♦ 3!t: W 'R� E 5 53.v�„ ��—X�T a w S` vaoBF A s,�r . I� R-1 12,000 .- �`,7`Ye`_=�/;)�.� __=yam-�• ,�� ,s�,:..a�'�^s. i ,1♦ .i' R �� l R.-3 I c CITY OF PALM DESERT Case No. CITY COUNCIL r RESOLUTION NO. Date V1ATE{� ESTABLISHED IN 1918 AS A PUBLIC AGENCY �/ST RICS COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1056•COACHELLA, CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMASE.LEVY,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT March 10, 1997 BERNARDINE SUTTON,SECRETARY JOHN W. McFADDEN OWEN MCCOOK ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS REDWINE AND SHERRILL,ATTORNEYS THEODORE J. FISH File: 0121.3211 0121.3212 0121.3213 RECEIVED Planning Department City of Palm Desert MAR 13 1997 73-510 Fred Waring Drive Palm Desert, California 92260 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESEPR Gentlemen: Subject: Zoning Ordinance Amendment 97-1 We have reviewed the legal notice for the Zoning Ordinance Amendment 97-1. ,This zoning- ordinance amendment addresses property south of the freeway adjacent to the interchanges of Monterey Avenue, Cook Street and Washington Street. At this time there are no regional stormwater facilities serving these areas. The properties near Monterey Avenue and Cook Street are within the mid-valley stormwater area. In this area the district requires the following: 1. Fifty feet of usable right-of-way for the construction of the Mid-Valley Stormwater Channel. This right-of-way should be located parallel to and south of the Southern Pacific railroad tracks. 2. One hundred percent retention of stormwater runoff on all areas not adjacent to the Mid-Valley Stormwater Channel right-of-way. These retention facilities should be sized to contain the 100-year storm for the 1-, 3-, 6- or 24-hour duration, whichever is greater. Areas near Washington Street are within the Bermuda Dunes regional drainage study area. This study has not been completed at this time, therefore, conditions for development have not yet been established. Once this study is completed, it will be the city's responsibility to implement the recommendations of the study at the city's discretion. If you have any questions please call Dan Farris, principal stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager-Chief E neer TRUE CONSERVATION USE WATER WISELY SEC:md\eng\Bw\mar\citypd 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE ,y a 1 1 efi ' x — �A �T+d II B-1 12,000 l - �uur__—` R City of halm Desert 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(619) 346-0611 FAX(619)341-7098 February 21, 997 CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by THE CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the I-10 intersection with Monterey Avenue,Cook Street and Washington Street(see map on reverse). SAID public hearing will be held on Thursday, March 13, 1997, before the Palm Desert City Council at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA GILLIGAN, City Clerk February 27, 1997 Palm Desert City Council � CA ` 1 loll fiA !inif �� SBA 97-/ ( City of Pa:m Desert Council Agenda Request Meeting of June. 27, 1996 i. To be considered under. Consent Calendar Resolutions_ Ordinances_ New Business Old Businesses informational items Public Hearings_ Other_' 2. Item Title:(Please provide the wording that should appear as the item's title on the agenda). Consideration of potential initiation of freeway commercial zone. 3. Financial: (Complete if applicable) (a) AccounvPmject# (b) Amount Requested (c) In the Current Budget? (c) Appropriation Required? Approved by Director of Finance: 4. Submitted by: Phil Drell S. Approvals: Department Head City Manager i t CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council FROM: Philip Drell, Director of Community Development DATE: June 27 , 1996 SUBJECT: Potential Initiation of Freeway Commercial Zone I . RECOMMENDATION: By minute motion direct staff to initiate and process a zoning ordinance amendment in relationship to freeway commercial zoning. II . BACKGROUND: At the June 13 meeting, the council directed staff to work a "little bit" on this issue. The zone would involve a distinct designation (FC7) drawn on the zoning map within 1,000-2,000 feet of the interchange depending on the geometry of the off-ramps . The standards would be tailored to the unique circumstances of businesses attempting to serve customers off the interstate. Attached are maps of the I-10 corridor showing city/county borders, the existing gas station at Washington Street and the impact of our current 500 foot restriction. Representatives of soms off-ramp property owners, gas station and fast food dev-topers will be in attendance to provide input on the proposal . PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm 0 West World FJanuarymli6, 19WRLDOF DIFFERENCE PROPERTIES, INC. /REAL ESTATE Steve Sth Asst. Director Planning and Zoning RECEIVED Civic Center City of Palm Desert JAN 16 1997 EVELOPMENT Re: Sign Request for Freeway Zone COMMUNC�OF PALM DESERTARTMENT Hello Steve: I hope that the New Year is bringing to you and us many positive decisions with regard to the "project" along Cook Street and the Freeway. I am sending you with this letter several sets of six photos taken by me a few weeks back, and which show the ARCO sign (52') at the Interstate 10 and Date Palm off ramp (highest point of ramp 29'), in Cathedral City. The various distances relative to the ARCO sign which I used, show the overall effect on the surroundings and the visual impact to the traveler. Mainiero and Smith is working hard with the station site buyer to get to you all items required for the meeting on the 21st of January. Hopefully we will have a good result then. I promise I will not step on any toes, as I seem to have done last time, but never intended to do. If you need additional copies of the enclosures, please let me know. Can your staff distribute the correct folders to Planning Commission and City Council members, please? nk you for all of your hard work on this project. Best regards, 40&Heinrich Enclosures cc: Lionel Steinberg KBH/sh 1345 NORTH PALM CANYON DRIVE / PALM SPRINGS, CALIFORNIA 92262 TELEPHONE: (619) 778-8811 TELECOPIER: (619) 323-4369 ------ G fib'- Al, 3RD .. , .. _--_•-.--.--- -..---. O'er + o�o Mum oR(nN 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 9*0 11 17 RIVFnC -ME -- ---RE tEIVEEMEPHONE(619)346-0611 FEB -6 1997 MAR 18 1997 CITY OF PALM DESERT LEGAL NOTICE rRANI( rc.JoHnsoN, Clerk Dy COMMUN(TY DEVELOPMENT DEPARTMENT CASE NO. ZOA 97-1 („ C. Seager CITY Of PALM DESERT Deputy NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District In v:hich expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). Neg D CGUN?YCLERK retior✓Nic Datam o3 r Fedeilod per P.R.c.21152 ifc POSTED FEB - 6 1997 Removed; 3 _l=� 13y: C �curtypiRiver.;Z, —Dept. S� �of Caf:tomio SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE , P.m 311 /r Y� M� 5 �p 1 y � �. I R-1 12.000 pour= 11 .. ti 7 �r PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS ZOA 97-1 AND C/Z 97-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council of ZOA 97-1 Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on-this 18th day of February, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. _ EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master., plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 2 PLANNING COMMISSION RESOLUTION NO. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaoina: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 3 PLANNING COMMISSION RESOLUTION NO. 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 4 PLANNING COMMISSION RESOLUTION NO. DEFINITIONS Restaurant. General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates, utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant. drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food, beverages and sundries from a facility having less than 2500 square feet of gross floor area. 5 PA 40 � f d i _ Vau r R•1 12.000 __ • ct n s•n 41 I R.-3 y CITY OF PALM DESERT Case No. CITY COUNCIL RESOLUTION NO. M . � � W 0 -2 0 cT Date 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s affect this application but would alert others coming in that there is a moratorium in place. He added that the moratorium could be cut short if a solution is found. Councilman Kelly moved to waive further reading and adopt Ordinance No. 810, adopting a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of wireless communications facilities in the City. Motion was seconded by Spiegel. Mr. Diaz stated for the record that if the applicant from Pacific Bell would indicate that there is no problem with continuing his request to the meeting of August 22nd, then the Council would not have to come back at 7:00 p.m. to consider that public hearing. Mr. Doherty agreed with the continuance and said he was happy to have a commitment by the City to get this done quickly. He added that he would work with staff on this matter. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. XIL OLD BUSINESS A. REQUEST FOR CONSIDERATION OF POTENTIAL INITIATION OF FREEWAY COMMERCIAL ZONE. Mr. Drell stated that staff had been given direction to work a "little bit" on this issue. He provided a map to the Council showing the interchanges and stated that two things prohibited right now were more than one gas station and drive thru fast food restaurants. Councilman Spiegel suggested that, with the pending completion of the overpasses, the entire area along Interstate 10 on the south side should be looked at and that staff come back with a general plan-change for the area. Councilman Kelly stated that he felt just the area adjacent to the new interchanges should be addressed as far as what effect they will have. Mr. Drell noted that the general plan did designate the entire frontage area as a mixture of commercial/industrial uses. He said that currently in every commercial zone no more than one gas station within 500 feet of another is allowed. In addition, nowhere in the City are drive-thru restaurants permitted. Mayor Snyder stated that what Councilman Kelly was saying was that nothing is wrong with the City's current ordinance, but perhaps we should have an ordinance addressing just the areas adjacent to the interchanges. Mr. Drell responded that this was the intent of the freeway commercial zone, to create in essence a new zone just for the interchanges, and that was what was outlined on the map shown to the Council. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s Councilman Kelly moved to, by Minute Motion, direct staff to initiate and process a zoning ordinance amendment in relationship to freeway commercial zoning for the interchanges. Motion was seconded by Spiegel and carried by unanimous vote. MR. MARVIN ROOS, Mainiero Smith and Associates, stated he represented Lionel Steinberg and Katrina Heinrich. He said they were currently master planning almost two miles of frontage on the freeway and had worked with staff to come up with that plan. He said they anticipated a high degree of interest at the interchanges with more of a freeway orientation. Through that master plan process and precise plan process, he felt the Council and Planning Commission had the degree of control needed. He said they could live with or without it being a freeway zone per se, but he said there would be some interest they would be discussing with the City. He noted in his particular case at Cook Street, an agreement had already been reached with a large scale auto service facility which would be the only such facility within a mile as they would not be coming to the Council and asking for multiple service stations. He said fast food might be an issue and that they would like to work with staff on the issue of some type of graphics to let people know what the facilities are and how to get to them. He added that they hoped to submit something in the next few months on this entire property. MR. ROD LUSIO with McDonald's and Chevron, spoke regarding the site at Washington and Country Club and asked whether this would be included in the new zoning. He also expressed concern with drive-thru restaurants not being allowed. Mr. Diaz stated that direction to staff was to study those specific issues. Mr. Drell added that staff would be preparing potential changes to the ordinance relating to use, and this would relate to the site noted by Mr. Lusio. Mr. Lusio asked whether they should continue to develop the feasibility of the site with staff while this study is being done. Mr. Drell responded in the affirmative and said the Council has authorized staff to consider those changes to the ordinance which could allow, given the right circumstances, the sort of project being proposed by Mr. Lusio. %III. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Request for Electric Shuttle Sharing with the City of Laguna Beach. Mr. Wohlmuth reviewed the staff report, noting that the City of Laguna Beach had called relative to the City of Palm Desert's shuttle, which was identical to theirs. He said they had two questions: 1) Could they use Palm Desert's shuttle while theirs was getting a new battery; and 2) Would the City of Palm Desert be interested in sharing 13 I MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 1) . CALL TO ORDER: The meeting was called to order at 3:15 p.m. PRESENT: Jean Benson, Jim Ferguson, Bob Leo, Frank Urrutia, Steve Smith, Phil Drell ALSO PRESENT: Katrina Heinrich,Marvin Roos Mr. Roos advised that the concept plan for the northeast comer of Cook Street and Gerald Ford actually had approximately 45% landscaping shown. Accordingly, the committee agreed to change the total landscape requirement from a minimum of 25%to a minimum of 30%. The committee also discussed additional uses which could be permitted with the issuance of a conditional use permit. It was felt that in the shadow of the freeway off ramps and adjacent to the railway mini-warehouses and outdoor storage of recreational vehicles and boats could be acceptable if properly screened. Accordingly, items (viii) and (ix) were added to Section 25.104.020 Conditional Uses. Mr. Smith reviewed the draft freeway visible signage standards which had been circulated. Mr. Ferguson declared a possible conflict of interest and left the meeting at this time. The committee discussed that these "special signs"would only be permitted for commercial uses within 500 feet of the freeway. As well,the committee added to Section(ii) "that only traveler oriented users such as gas stations, restaurants, and hotels can locate on these "special signs"." The committee discussed the provision of not including in the sign area any city logo or signs. It was determined that the city wold not likely take advantage of this provision. Accordingly, it was deleted from the draft. Relative to item(v) the committee decided to increase the size limit in each category by 25 square feet, i.e.: 5 - 9.99 acre site....................125 square feet 10 - 24.99 acre site.................150 square feet 25+ acre site...........................175 square feet MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 The committee discussed at length how these signs should be oriented. It was agreed that the maximum number of faces shall be two and that they shall be oriented east/west to be viewed from vehicles traveling the I-10 freeway. This language was added to Section (v). Action: With the above noted changes it was moved by Bob Leo, seconded by Frank Urrutia, to endorse the revised draft Freeway Commercial Overlay Zone District standards and direct staff to process the ordinance through the Planning Commission and City Council. Motion carried 4-0. The committee also directed that the revised draft ordinance be referred to the Economic Development Advisory Committee and Architectural Review Commission for comments to be included in reports to the Planning Commission and City Council. IL ADJOURNMENT: The meeting was adjourned at 4:35 p.m. STEVE��{ PLANNING MANAGER SS/db 2 MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Present: Jim Foxx, Jean Benson, Jim Ferguson,Frank Urrutia, Tim Bartlett, Steve Smith Also Present: Katrina Heinrick, Marvin Roos Mr. Roos presented and described a conceptual site plan for the food court at the northe ast comer of Cook Street and Gerald Ford Drive. The plan provided a 20,000 square foot common use area (picnic area) and provided total landscape area in the range of 20% to 25%. After considerable discussion the committee agreed to require a basic minimum of 25% of the total area be landscaped. The intention being to preserve large common use areas for public purposes such as picnic areas,dog run,and also provide a high level of perimeter landscape quality. The 25% requirement to be split 15/10 with 15% going to perimeter treatment and 10% to the common use area. Member Ferguson argued for a 30% minimum to be split 15/15 with the stipulation that planning commission could reduce the amount if an acceptable plan is presented which is less than 30%. He felt that it wold be easier to grant an exception to a lesser amount than increase the amount when a plan meets the 25% level but is still acceptable. The committee discussed the revised draft FCOZ ordinance and felt that the parking numbers were acceptable. The number of spaces needed for a service station with service bays is not the problem, rather the operation/storage of vehicles should be approached from other means of enforcement(i.e. don't allow overnight storage of vehicles). The committee discussed the matter of allowing planning commission to increase or decrease the prescribed number of parking spaces with a showing of good cause. It was decided to relocate this paragraph to be above the section delineating the requested number of parking spaces and to place the"may increase the number of spaces"before"may decrease the number of spaces". It was agreed that the "showing of good cause" should relate to operational characteristics or where uses are clearly different. The planning commission would have to avoid the appearance of acting in a capricious manner. MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Member Benson noted that the draft ordinance did not include a section on"Freeway visible signs". It was decided that the ordinance must include a signage section. Issues to be decided: i) minimum distance between signs ii) maximum number of signs per site iii) maximum distance to freeway iv) maximum height of signs (performance standard should be used) v) minimum letter or logo size vi) maximum number of businesses to be located on one sign vii) maximum sign face area to be permitted It was decided that the next meeting would be Wednesday,January 8, 1997 at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 Lj 20/96 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE ,Present: Frank Goodman, Jim Foxx, Jim Ferguson, Frank Urrutia, Tim Bartlett Also Present: Ron Gregory,Katrina Heinrich, Marvin Roos, Steve Smith,Phil Drell Steve Smith reminded the committee they had reviewed a draft Freeway Overlay ordinance on November 6, 1996. Part of the discussion at that time concerned the amount of landscaping which should be required for these uses. Ron Gregory was present to discuss the landscaping issue. He felt that whatever percentage was decided the city should require that it be split to a certain minimum percentage which would be applied to parkway landscaping and a certain minimum interior percentage. Katrina Heinrich advised that her`food park' would be 7-1/2 acres and include up to six restaurant outlets. Some of the restaurants could be general sit-down restaurants. The goal is to have a large enough site to put the restaurants in a park-like setting. The committee discussed the advisability of having all the uses fit into a master landscape concept or whether they should be handled individually. If the park area is to be in the middle of the parking area then the driveway will need to be designed to slow traffic. Some members felt that the FCOZ ordinance should prescribe a general expectation and impose standards to meet the expectation. The committee than revisited some of the ordinance provisions which have been discussed previously (i.e. number of parking spaces at service stations with service bays). Frank Goodman advised that the Chevron station on Washington Street had two service bays and 19 on-site parking spaces,which in his opinion was not enough. The committee also discussed how to determine needed parking for a restaurant with an indoor playland. It was generally agreed that one-fourth of the normal requirement should be applied to playland areas. Katrina Hienrich indicated that she had agreed with her developer that she would provide one acre free of charge for the park. She indicated she would also set aside land for a common employee parking lot. Mr. Smith indicated that overall we may need extra parking to accommodate employees because there is no bus service and no nearby residential areas. i MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 The committee decided that before it could prescribe a minimum landscape requirement it would need to see plans showing various levels of landscape treatment. Mr.Bartlett offered to send Mr.Roos building plans of various fast food restaurants which could be placed on the site plan. The meeting adjourned at 3:25 p.m. The next meeting is scheduled for Wednesday,December 4th at 3:00 p.m. STE;VE SMITH PLANNING MANAGER SS/db 2 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 6, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Jim Ferguson, Frank Goodman The committee discussed at length the draft Freeway Commercial Overlay Zone District text as circulated by staff. The committee decided that interior street width within a"food park"should be a minimum 28 feet. Committee discussed whether they should be a building coverage limit and decided it was not needed. Mr. Leo suggested that the committee/staff visit Bums Bros. Truck Stop on I-10 to review the parking and overall layout. Committee reviewed suggested parking and decided: Auto Service Station --No Service Bays — 5 Spaces Auto Service Station -- With Service Bays --4 Spaces/Bays Convenience Store -- 1 Space/250 sq. ft. GFA/Minimum 10 Spaces Full Serve Car Wash -- 16 Spaces The committee determined that the planning commission should be able to increase or decrease required parking where circumstances warrant. Stacking at drive-thru restaurants needs to be reviewed with actual operations. Considering the location(i.e. no bus service and no residences within walking distances). Restaurants in the a FCOZ need extra on-site parking for employees. Committee discussed how common areas at the"food park"would be maintained and how the city could assure long term maintenance. The committee discussed at length the issue of how much landscape area would be necessary to provide a desirable and pleasing"food park" environment. Committee decided to-invite a landscape professional to provide input at the next meeting. ST SMITH PLANNING MANAGER SS/db 1 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 16, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Steve Smith, Phil Drell, Jim Ferguson, Jim Foxx Also Present: Marvin Roos, Katrina Heinrich The committee continued the discussion concerning the freeway commercial overlay district. Specifically, the committee discussed extending the district to include the Lucky center on Washington Street at Hovley Lane East. This center is very isolated from the rest of the city and is at a competitive disadvantage to uses across Washington Street in the county. Some members of the committee felt that this center did need special consideration but that the (FCOZ) was not appropriate due to the distance from the freeway. The committee took a vote on this matter and dead-locked 2-2 (Member Benson not present at this time),Ferguson and Leo voting No with Foxx and Bartlett voting Yes. The committee discussed freestanding offsite signs that would be visible from the freeway and identify major businesses located near the freeway. The committee decided that it needed to see these types of signs in other communities and report back to the committee in the future. STEVE SMITH PLANNING MANAGER SS/db f t MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 2, 1996 Present: Jim Foxx, Bob Leo, Tim Bartlett, Jean Benson, Katrina Heinrich, Steve Smith The committee discussed the pros and cons of establishing a freeway commercial overlay district. The committee concluded that the city should create an overlay district where drive thru/drive up.restaurants, and service stations would be permitted. Failure of the city to permit these uses would result in these uses going across the street in other jurisdictions. The committee discussed how large these overlay areas should be and discussed each of the off ramps from I-10 separately and decided on the amount of area to be designated. The committee decided that the district should be called"Freeway Commercial Overlay District'. Regarding drive-thru restaurants, the committee felt they should be within a"Food Park"which would be 5 - 10 acre areas which would be master planned for several fast food (drive-thru) restaurants. Master planned area could include dog park,kids land, community picnic area, and . could be combined with convenience store and fuel station. These master plan areas would need to be reviewed and approved prior to first restaurant proceeding. The committee discussed the necessity of having freeway visible signage to identify these freeway commercial uses. Height would need to be based on the topography and the location. The city would need to determine what uses could expect to have spaces on these signs. The committee concluded by requesting staff to check into regulation in place in other cities and counties. The idea was that we should look at off site signage for several users and that this signage would be master planned at each off ramp. SSldb I 11 4 r.e t ` t d r5: 1 • 4' \ l I I 1 r R•1 12,000 C _ 1 guar �W-4 L__�-- CITY OF PALM DESERT Case No. CITY COUNCIL RESOLUTION NO . M M 0 o 0 i Date 618 490 013 _ 618 500 002 618 500 012 Edward&Nancy Last Cvcwd David Wilstein&Leonard Wilstein NO STREET NAME or NUMBER PO Box 1058 2080 Century Park E Lakewood, CA 90712 Coachella, CA 92236 Los Angeles, CA 90067 618 500 013 618 500 014 618 500 015 Louis Wehlacz&Wehlace EDWIN VLESSING PARTNERS CEDAR FOOTHILL PARTNERS&D 2423 Country 9595 Wilshire Blvd#511 9595 Wilshire Blvd#511 Glendora, CA 91741 Beverly Hills, CA 90212 Beverly Hills, CA 90212 618 500 016 618 500 021 618 590 004 EDWIN DENNIS& ASSOC Bernard Debonne&LINRIM LAND C COUNTY OF RI VERSIDE Foothill Partn Cedar PO Box 1935 3499 loth St 9595 Wilshire Blvd#511 Palm Desert, CA 92261 Riverside, CA 92501 Beverly Hills, CA 90212 618 590 005 618 590 013 618 590 015 10 74 PARTNERS Anthony Ujdur Susan Sozzi 15707 Rockfield Blvd#345 116 Birchbark PI 72300 Dinah Shore Dr Irvine. CA 92618 Danville, CA 94506 Palm Desert, CA 92211 618 590 016 618 590 017 618 590 018 PRICE ENTERPRISES INC PRICE CO Palm Desert Hb 4649 Morena Blvd 999 Lake Dr 12100 Wilshire Blvd#1025 San Diego, CA 92117 Issaquah. WA 98027 Los Angeles, CA 90025 618 600 016 626 320 007 626 320 018 CITY OF RANCHO MIRAGE Eight Iw&Nine Iw Wayne&Janet&Peter Waters 69825 Us Highway I11 77570 Springfield Ln#C 39725 Garand Ln Rancho Mirage, CA 92270 Palm Desert; CA 92211 Palm Desert, CA 92211 626 320 029 626 320 030 632 070 005 Henry Acuff&Joann Acuff Cvwd Marie Family Trust Emerson 3034 Orange Ave PO Be. 8 Marie Emerson Santa Ana, CA 92707 ella, CA 92236 6551 Ethel Ave North Hollywood, CA 91606 632 070 023 632 070 029 632 070 030 MOBIL OIL CORP Warner Lusardi Linda Chen Mci Hwang PO Box 290 1570 Linda Vista Dr PO Box 2153 Dallas,TX 75221 San Marcos, CA 92069 Upland, CA 91785 632 070 042 653 260 005 653 260 007 METROPOLITAN LIFE INSURANC Palms Monterey MACLEOD COUCH LAND CO 77777 Country Club Dr PO Box 1315 777 S Pacific Coast#204 Palm Desert, CA 92211 Glendora, CA 91740 Solana Beach, CA 92075 653 260 008 653 260 015 653 260 016 MC PROPERTIES WEST WORLD PROPERTIES INC SOUTHERN CALIF EDISON CO 777 S Pacific Coast 4204 DAVID FREEDMAN&CO PO Box 410 Solana Beach, CA 92075 PO Box 501 Long Beach, CA 90901 Thermal, CA 92274 1 653 260 018 653 390 026 653 390 029 MONTEREY AVENUE ASSOC DAVID FREEDMAN& CO INC DAVID FRE AN CO INC PO Box 501 PO Box 501 PO Bo 1 Thermal, CA 92274 Thermal, CA 92274 • , CA 92274 653 400 027 653 410 003 653 410 007 SUN CORP OF AMERICA SOUTHERN PACIFIC TRANSPORT W R Hawn 18008 Sky Park Cir#140 1 Market St 5956 Sherry Ln#1210 Irvine, CA 92614 San Francisco, CA 94105 Dallas; TX 75225 653 420 009 PALM DESERT REDEVELOPMENT 73510 Fred Waring Dr Palm Desert, CA 92260 City of Paltry Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 February T, 197 CITY OF PALM DESERT LEGAL NOTICE CASE NO.: ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by THE CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. SAID public hearing will be held on Thursday, March 13, 1997, before the Palm Desert City Council at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive,Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m. and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the public hearing. PUBLISH: Desert Post S13EILA GILLIGAN, City Clerk February 27, 1997 Palm Desert City Council DRAFT FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: i) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Reguired On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station(no service bays) 5 spaces Automobile Service Station(with service bays) 4 spaces bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive- through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M-.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent(30%) landscaped open space,of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 2 FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: i) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles(such as buildings,trees, overpass structures)between the sign face and vehicles driving on the I-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres= 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater= 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six(6). The A.R.C.may reduce the maximum number of businesses to avoid clutter and/or lack of readability. 3 FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) " In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the I-10 freeway. DEFINITIONS Restaurant. General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates,utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation,retail sale, and consumption on site of food and beverages. Restaurants include,but are not limited to,cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, drive-thru. ,A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing,waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food,beverages and sundries from a facility having less than 2500 square feet of gross floor area. 4 1 L--------- �J I 1"% ' Si"`�S K'%.k iiYaA g 'P rc � Y Y d m :z. raw �.°tom �f"�'::''� •'an � '��a%Y��. _ II a B-1 12.000 ..... r I' . T1 . l CITY OF PALM DESERT Case No. CITY COUNCIL RESOLUTION NO. M M O p Date City of Palm 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: February 24, 1997 City of Palm Desert Re: JLOA 97-1 and C/Z 97-2 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of February 18, 1997: PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 97-1 AND C/Z 97-2 TO CITY COUNCIL BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1786. CARRIED 4-0-1 (CHAIRPERSON FERGUSON 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. PHILIP DRELL SECRETARY PALM DESER PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal RerydeE Paper f PLANNING COMMISSION RESOLUTION NO. 1786 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS. ZOA 97-1 AND C/Z 97-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89,„ in that the director of community development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan , and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council of ZOA 97-1 Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of February, 1997, by the following vote;to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, JON NOES: NONE ABSENT: NONE ABSTAIN: FERGUSON AMES FERG SON, Chairperson ATTEST: PHILIP DRELL Secretary _. Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. 1786 EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 2 r ' PLANNING COMMISSION RESOLUTION NO. 1786 Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may decrease the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 3 PLANNING COMMISSION RESOLUTION NO. 1786 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which, shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 4 PLANNING COMMISSION RESOLUTION NO. 1786 DEFINITIONS Restaurant, General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates, utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The.term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food, beverages and sundries from a facility having less than 2500 square feet of gross floor area. 5 o a t 'Ps � I Y 1 4 ix, CITY OF PALM DESERT Case NO. C/Z 97-2 J RESOLUTION NO. 1786_ �M M o Date February 18, 1997 LNU U0 O U i CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: February 18, 1997 CASE NOS: ZOA 97-1 and C/Z 97-2 REQUEST: Approval of a zoning ordinance amendment and change of zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit. The change of zone will be an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street APPLICANT: City of Palm Desert I. BACKGROUND: July 11 , 1996 by minute motion the City Council directed staff to initiate and process a zoning ordinance amendment to create a Freeway Commercial Overlay District (see minutes attached). The matter was referred to the Comprehensive Zoning Ordinance Review Committee. It was discussed by ZORC at a series of six meetings between October 2, 1996 and January 22, 1997. January 22, 1997 ZORC completed its work on the ordinance, endorsed it and directed staff to process same through the Planning Commission and City Council. ZORC also asked that the ordinance be referred for comments to the Economic Development Advisory Committee and Architectural Review Commission. This was done (see minutes from each attached). II. ANALYSIS: The proposed ordinance, if adopted, will establish an overlay on certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street, see map attached. STAFF REPORT ZOA 97-1 AND C/Z 97-2 FEBRUARY 18, 1997 Secondly, the ordinance, if adopted, will create new zone standards for development on these designated properties. Current city regulations prohibit drive-thru restaurants and auto service stations closer than 500 feet apart. This ordinance, if adopted, would allow such uses on sites designated in the overlay district as well as other uses delineated in section 25.108.020 of the draft ordinance. These additional uses would be permitted only in this overlay zone area and only upon approval of a conditional use permit. As noted in the "purpose" section the owner/applicant MAY choose to utilize the FCOZ standards or may stay with the base zoning which will not be affected by this overlay. The development standards require that projects proposed under this ordinance be master planned with a minimum five acres in the area planned. Individual projects within the master plan will then be processed through the precise plan process to assure that the master plan policies are being implemented. The ordinance then establishes a series of development standards above and beyond the current city standards (i.e., parking, setbacks and landscaping). Projects using this FCOZ ordinance provisions are required to provide a minimum of 30% landscape open space. This is significantly higher than the present code requirement. Lastly, the ordinance proposes a new category of signage - Freeway Visible Signage. The goal is that these signs be visible to traffic traveling on 1-10. The ordinance among other items would permit these signs to be as high as 60 feet but would require a distance of at least 750 feet between them. Only one would be permitted per development and they would only be available to traveler oriented users such as gas stations, restaurants and .hotels. The size of these signs would be determined by the size of the commercial development it serves (size could range from 125 square feet to 175 square feet per sign face). These signs must be oriented toward freeway traffic. 2 STAFF REPORT ZOA 97-1 AND C/Z 97-2 FEBRUARY 18, 1997 In order to maintain readability a maximum of six tenants may be identified on these signs. Illumination shall comply with existing standards but normal color limits will be waived in order to encourage recognizable logos. The actual height and design will rest with the Architectural Review Commission. In discussion with Councilman Crites it was his suggestion that the height be limited to the minimum height necessary to allow the sign to be visible from the freeway. The first sentence of section 25.104.040 (iv) would then read: "The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed 60 feet." III. CEQA REVIEW: The proposed ordinance is a Class 5 categorical exemption for the purposes of CEQA. No further documentation is necessary. IV. CONCLUSION: The properties to be included in this overlay district are all located near the 1-10 freeway and near the north and/or east city boundary. As such, these properties are at a competitive disadvantage with sites on the north side of the freeway and east of Washington Street. This proposed ordinance will create a more level playing field. With the development standards included in the ordinance we feel that we will be assured that quality projects will result if applicants choose to avail themselves of the FCOZ. V. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of an ordinance establishing the Freeway Commercial Overlay Zone District with the change to section 25.104.040 (iv) as specified above. 3 STAFF REPORT ZOA 97-1 AND C/Z 97-2 FEBRUARY 18, 1997 VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies Prepared by, t e Smith ' D Reviewed and Approved by (w"�- Phil Drell Am 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE TO CREATE A FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT. CASE NOS ZOA 97-1 AND C/Z 97-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of February, 1997, hold a duly noticed public hearing to consider an ordinance to create a Freeway Commercial Overlay Zone District; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined the ordinance to be a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to recommend approval of the ordinance: 1 . The proposed ordinance to create a Freeway Commercial Overlay Zone District is consistent with the intent of the General Plan and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That it does hereby recommend approval to the City Council of ZOA 97-1 Exhibit "A" and C/Z 97-2 Exhibit "B" attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of February, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.108.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.108.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: 1) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.108.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be.master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. 2 PLANNING COMMISSION RESOLUTION NO. _ Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station (no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive-through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent (30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 25.108.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: 3 PLANNING COMMISSION RESOLUTION NO. 1) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall be the minimum height necessary to allow the sign to be visible from the freeway and in no event shall the sign height exceed sixty (60) feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees, overpass structures) between the sign face and vehicles driving on the 1-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 125 square feet Site from 10.0 acres to 24.99 acres = 150 square feet Site of 25.0 acres or greater = 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six (6). The A.R.C. may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the 1-10 freeway. 4 PLANNING COMMISSION RESOLUTION NO. DEFINITIONS Restaurant, General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates, utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. 'Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant. drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in theii vehicles. Car Wash. Any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food, beverages and sundries from a facility having less than 2500 square feet of gross floor area. 5 L k,A PA 4 - d 5 I R. � K I �''• ��,, I I I R-1 13,000 aka A I NCidy',,�e ff �r - R �. .0 •-� 5 R.-3 ...' 0 CITY OF PALM DESERT Case No. CITY COUNCIL RESOLUTION NO. M M p d CT Date MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 affect this application but would alert others coming in that there is a moratorium in place. He added that the moratorium could be cut short if a solution is found. Councilman Kelly moved to waive further reading and adopt Ordinance No. 810, adopting a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of wireless communications facilities in the City. Motion was seconded by Spiegel. Mr. Diaz stated for the record that if the applicant from Pacific Bell would indicate that there is no problem with continuing his request to the meeting of August 22nd, then the Council would not have to come back at 7:00 p.m. to consider that public hearing. Mr. Doherty agreed with the continuance and said he was happy to have a commitment by the City to get this done quickly. He added that he would work with staff on this matter. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. XIL OLD BUSINESS A. REQUEST FOR CONSIDERATION OF POTENTIAL INITIATION OF FREEWAY COMMERCIAL ZONE. Mr. Drell stated that staff had been given direction to work a "little bit" on this issue. He provided a map to the Council showing the interchanges and stated that two things prohibited right now were more than one gas station and drive thru fast food restaurants. Councilman Spiegel suggested that, with the pending completion of the overpasses, the entire area along Interstate 10 on the south side should be looked at and that staff come back with a general plan change for the area. Councilman Kelly stated that he felt just the area adjacent to the new interchanges should be addressed as far as what effect they will have. Mr. Drell noted that the general plan did designate the entire frontage area as a mixture of commercial/industrial uses. He said that currently in every commercial zone no more than one gas station within 500 feet of another is allowed. In addition, nowhere in the City are drive-thru restaurants permitted. Mayor Snyder stated that what Councilman Kelly was saying was that nothing is wrong with the City's current ordinance, but perhaps we should have an ordinance addressing just the areas adjacent to the interchanges. Mr. Drell responded that this was the intent of the freeway commercial zone, to create in essence a new zone just for the interchanges, and that was what was outlined on the map shown to the Council. 12 . XMVUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1996 a s s * s s * s * * s s s s s s s s s * * * * s s s s s s * s * * s s * * s Councilman Kelly moved to, by Minute Motion, direct staff to initiate and process a zoning ordinance amendment in relationship to freeway commercial zoning for the interchanges. Motion was seconded by Spiegel and carried by unanimous vote. MR. MARVIN ROOS, Mainiero Smith and Associates, stated he represented Lionel Steinberg and Katrina Heinrich. He said they were currently master planning almost two miles of frontage on the freeway and had worked with staff to come up with that plan. He said they anticipated a high degree of interest at the interchanges with more of a freeway orientation. Through that master plan process and precise plan process, he felt the Council and Planning Commission had the degree of control needed. He said they could live with or without it being a freeway zone per se, but he said there would be some interest they would be discussing with the City. He noted in his particular case at Cook Street, an agreement had already been reached with a large scale auto service facility which would be the only such facility within a mile as they would not be coming to the Council and asking for multiple service stations. He said fast food might be an issue and that they would like to work with staff on the issue of some type of graphics to let people know what the facilities are and how to get to them. He added that they hoped to submit something in the next few months on this entire property. MR. ROD LUSIO with McDonald's and Chevron, spoke regarding the site at Washington and Country Club and asked whether this would be included in the new zoning. He also expressed concern with drive-thru restaurants not being allowed. Mr. Diaz stated that direction to staff was to study those specific issues. Mr. Drell added that staff would be preparing potential changes to the ordinance relating to use, and this would relate to the site noted by Mr. Lusio. Mr. Lusio asked whether they should continue to develop the feasibility of the site with staff while this study is being done. Mr. Drell responded in the affirmative and said the Council has authorized staff to consider those changes to the ordinance which could allow, given the right circumstances, the sort of project being proposed by Mr. Lusio. XHL REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Request for Electric Shuttle Sharing with the City of Laguna Beach. Mr. Wohlmuth reviewed the staff report, noting that the City of Laguna Beach had called relative to the City of Palm Desert's shuttle, which was identical to theirs. He said they had two questions: 1) Could they use Palm Desert's shuttle while theirs was getting a new battery; and 2) Would the City of Palm Desert be interested in sharing 13 MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 1) CALL TO ORDER: The meeting was called to order at 3:15 p.m. PRESENT.: Jean Benson, Jim Ferguson, Bob Leo, Frank Urrutia, Steve Smith, Phil Drell ALSO PRESENT: Katrina Heinrich, Marvin Roos Mr. Roos advised that the concept plan for the northeast comer of Cook Street and Gerald Ford actually had approximately 45% landscaping shown. Accordingly,the committee agreed to change the total landscape requirement from a minimum of 25% to a minimum of 30%. The committee also discussed additional uses which could be permitted with the issuance of a conditional use permit. It was felt that in the shadow of the freeway off ramps and adjacent to the railway mini-warehouses and outdoor storage of recreational vehicles and boats could be acceptable if properly screened. Accordingly, items (viii) and (ix) were added to Section 25.104.020 Conditional Uses. Mr. Smith reviewed the draft freeway visible signage standards which had been circulated. Mr. Ferguson declared a possible conflict of interest and left the meeting at this time. The committee discussed that these "special signs"would only be permitted for commercial uses within 500 feet of the freeway. As well,the committee added to Section (ii) "that only traveler oriented users such as gas stations, restaurants, and hotels can locate on these"special signs"." The committee discussed the provision of not including in the sign area any city logo or signs. It was determined that the city wold not likely take advantage of this provision. Accordingly, it was deleted from the draft. Relative to item(v) the committee decided to increase the size limit in each category by 25 square feet, i.e.: 5 - 9.99 acre site....................125 square feet 10 - 24.99 acre site.................150 square feet 25+ acre site...........................175 square feet MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 The committee discussed at length how these signs should be oriented. It was agreed that the maximum number of faces shall be two and that they shall be oriented east/west to be viewed from vehicles traveling the I-10 freeway. This language was added to Section (v). Action: With the above noted changes it was moved by Bob Leo, seconded by Frank Urrutia, to endorse the revised draft Freeway Commercial Overlay Zone District standards and direct staff to process the ordinance through the Planning Commission and City Council. Motion carried 4-0. The committee also directed that the revised draft ordinance be referred to the Economic Development Advisory Committee and Architectural Review Commission for comments to be included in reports to the Planning Commission and City Council. IL ADJOURNMENT: The meeting was adjourned at 4:35 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Present: Jim Foxx, Jean Benson, Jim Ferguson,Frank Urrutia, Tim Bartlett, Steve Smith Also Present: Katrina Heinrick, Marvin Roos Mr. Roos presented and described a conceptual site plan for the food court at the northeast corner of Cook Street and Gerald Ford Drive. The plan provided a 20,000 square foot common use area (picnic area) and provided total landscape area in the range of 20% to 25%. After considerable discussion the committee agreed to require a basic minimum of 25% of the total area be landscaped. The intention being to preserve large common use areas for public purposes such as picnic areas,dog run, and also provide a high level of perimeter landscape quality. The 25% requirement to be split 15/10 with 15% going to perimeter treatment and 10% to the common use area. Member Ferguson argued for a 30% minimum to be split 15115 with the stipulation that planning commission could reduce the amount if an acceptable plan is presented which is less than 30%. He felt that it wold be easier to grant an exception to a lesser amount than increase the amount when a plan meets the 25% level but is still acceptable. The committee discussed the revised draft FCOZ ordinance and felt that the parking numbers were acceptable. The number of spaces needed for a service station with service bays is not the problem, rather the operation/storage of vehicles should be approached from other means of enforcement (i.e. don't allow overnight storage of vehicles). The committee discussed the matter of allowing planning commission to increase or decrease the prescribed number of parking spaces with a showing of good cause. It was decided to relocate this paragraph to be above the section delineating the requested number of parking spaces and to place the"may increase the number of spaces"before"may decrease the number of spaces". It was agreed that the "showing of good cause" should relate to operational characteristics or where uses are clearly different. The planning commission would have to avoid the appearance of acting in a capricious manner. MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Member Benson noted that the draft ordinance did not include a section on"Freeway visible signs". It was decided that the ordinance must include a signage section. Issues to be decided: i) minimum distance between signs ii) maximum number of signs per site iii) maximum distance to freeway iv) maximum height of signs (performance standard should be used) v) minimum letter or logo size vi) maximum number of businesses to be located on one sign vii) maximum sign face area to be permitted It was decided that the next meeting would be Wednesday, January 8, 1997 at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 ` w 6 Li 2o�9G MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE Present: Frank Goodman, Jim Foxx, Jim Ferguson, Frank Urrutia, Tim Bartlett Also Present: Ron Gregory, Katrina Heinrich, Marvin Roos, Steve Smith,Phil Drell Steve Smith reminded the committee they had reviewed a draft Freeway Overlay ordinance on November 6, 1996. Part of the discussion at that time concerned the amount of landscaping which should be required for these uses. Ron Gregory was present to discuss the landscaping issue. He felt that whatever percentage was decided the city should require that it be split to a certain minimum percentage which would be applied to parkway landscaping and a certain minimum interior percentage. Katrina Heinrich advised that her `food park' would be 7-1/2 acres and include up to six restaurant outlets. Some of the restaurants could be general sit-down restaurants. The goal is to have a large enough site to put the restaurants in a park-like setting. The committee discussed the advisability of having all the uses fit into a master landscape concept or whether they should be handled individually. If the park area is to be in the middle of the parking area then the driveway will need to be designed to slow traffic. Some members felt that the FCOZ ordinance should prescribe a general expectation and impose standards to meet the expectation. The committee than revisited some of the ordinance provisions which have been discussed previously (i.e. number of parking spaces at service stations with service bays). Frank Goodman advised that the Chevron station on Washington Street had two service bays and 19 on-site parking spaces, which in his opinion was not enough. The committee also discussed how to determine needed parking for a restaurant with an indoor playland. It was generally agreed that one-fourth of the normal requirement should be applied to playland areas. Katrina Hienrich indicated that she had agreed with her developer that she would provide one acre free of charge for the park. She indicated she would also set aside land for a common employee parking lot. Mr. Smith indicated that overall we may need extra parking to accommodate employees because there is no bus service and no nearby residential areas. / MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 The committee decided that before it could prescribe a minimum landscape requirement it would need to see plans showing various levels of landscape treatment. Mr. Bartlett offered to send Mr.Roos building plans of various fast food restaurants which could be placed on the site plan. The meeting adjourned at 3:25 p.m. The next meeting is scheduled for Wednesday, December 4th at 3:00 p.m. STE SMITH PLANNING MANAGER SS/db 2 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 6, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Jim Ferguson, Frank Goodman The committee discussed at length the draft Freeway Commercial Overlay Zone District text as circulated by staff. The committee decided that interior street width within a"food park" should be a minimum 28 feet. Committee discussed whether they should be a building coverage limit and decided it was not needed. Mr. Leo suggested that the committee/staff visit Bums Bros. Truck Stop on I-10 to review the parking and overall layout. Committee reviewed suggested parking and decided: Auto Service Station --No Service Bays -- 5 Spaces Auto Service Station -- With Service Bays --4 Spaces/Bays Convenience Store -- 1 Space/250 sq. ft. GFA/Minimum 10 Spaces Full Serve Car Wash -- 16 Spaces The committee determined that the planning commission should be able to increase or decrease required parking where circumstances warrant. Stacking at drive-thru restaurants needs to be reviewed with actual operations. Considering the location(i.e. no bus service and no residences within walking distances). Restaurants in the a FCOZ need extra on-site parking for employees. Committee discussed how common areas at the "food park"would be maintained and how the city could assure long term maintenance. The committee discussed at length the issue of how much landscape area would be necessary to provide a desirable and pleasing"food park" environment. Committee decided to invite a landscape professional to provide input at the next meeting. STOFSMITH PLANNING MANAGER SS/db MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 16, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Steve Smith, Phil Drell, Jim Ferguson, Jim Foxx Also Present: Marvin Roos, Katrina Heinrich The committee continued the discussion concerning the freeway commercial overlay district. Specifically, the committee discussed extending the district to include the Lucky center on Washington Street at Hovley Lane East. This center is very isolated from the rest of the city and is at a competitive disadvantage to uses across Washington Street in the county. Some members of the committee felt that this center did need special consideration but that the (FCOZ) was not appropriate due to the distance from the freeway. The committee took a vote on this matter and dead-locked 2-2 (Member Benson not present at this time), Ferguson and Leo voting No with Foxx and Bartlett voting Yes. The committee discussed freestanding offsite signs that would be visible from the freeway and identify major businesses located near the freeway. The committee decided that it needed to see these types of signs in other communities and report back to the committee in the future. STEVE SMITH PLANNING MANAGER SS/db MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 2, 1996 Present: Jim Foxx, Bob Leo, Tim Bartlett, Jean Benson, Katrina Heinrich, Steve Smith The committee discussed the pros and cons of establishing a freeway commercial overlay district. The committee concluded that the city should create an overlay district where drive thru/drive up.restaurants, and service stations would be permitted. Failure of the city to permit these uses would result in these uses going across the street in other jurisdictions. The committee discussed how large these overlay areas should be and discussed each of the off ramps from I-10 separately and decided on the amount of area to be designated. The committee decided that the district should be called"Freeway Commercial Overlay District". Regarding drive-thru restaurants, the committee felt they should be within a"Food Park"which would be 5 - 10 acre areas which would be master planned for several fast food (drive-thru) restaurants. Master planned area could include dog park,kids land, community picnic area, and . could be combined with convenience store and fuel station. These master plan areas would need to be reviewed and approved prior to first restaurant proceeding. The committee discussed the necessity of having freeway visible signage to identify these freeway commercial uses. Height would need to be based on the topography and the location. The city would need to determine what uses could expect to have spaces on these signs. The committee concluded by requesting staff to check into regulation in place in other cities and counties. The idea was that we should look at off site signage for several users and that this signage would be master planned at each off ramp. SS/db PROOF OF PUBLICATION County Clerk ' s Filing Stamp (2015.5 C.C. P) RECEIVED '97 FEB 3 PM 4 48 CITY CLERK'S OFFICE RECEIVED FEB - 4 1997 COMMUMTY DEVELOPMENT DEPARTMENT STATE OF CALIFORNIA, CRY OF PALM DESERT 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 _PUE31 C HEARING years , and not a party to or inter- ested .in the above-entitled matter. I am the principal clerk of the CITY OFp LM printer Of the LEGAL AN0T NOTICE DESERT PALM DESERT POS NOTICE IS HEREBY CASE NO. ZOA 7-1 w Planning heari a newspaper Of general circulation held before ra ma LIVEN Citprinted and of PalmpDeserted weekly Cathedraln the City °;aZoree seam CITY PAL DESSEERMission urorig Will. establish dment an0 asi Riverside, andawhichCounty news newspaper has ' mneinPoluepeatwhiehWillbe of Z Yo `an ofppilwasan a certain been adjudged a newspaper ofgeneral snioUe' 0oq SbBePerries IandWabsnie�o`nWith^tnter,o ta57.at blic hearing will be ngfon Street y circulation by the Superior Court of serf 6. . 00 pm in the Cp�tli on Tuesday Feb uary to the County of Riverside, State CalitoCenter California , under the date of invited ng all items mvand ede heard-Written con, mrsonsar1. October 5 , 1964 , Case Number 83658 , cepptteduprovereC by this Puat head g �a�ste11211 m- that the notice, of which the Ing avallableo, - in me Da ng'Imaationcnces annexed is a printed cop) lopment at meabae meWoods. Pa me�ative ern (set in type not. smaller than nonpareil ) , ,s:ogp.m tlayr �onto me houuntrs aDeVI laffeay.if nd n in court ay 11 it nge entireeissuepublished saidn each newspaperruand not in ^nedesca bad'�OrsomBoemsaFrid�s��wmst newspaper tlence delivered to me Pithis n0000'dr In.wriaeo ldie public any supplement thereof on the following he public ties ring. �n'ngCommssionat,orpep?0o, dates , to—W1 t : 'ByryPHILIP DRELL, JANUARY 30, 1997 Palm Desert Plannin S (Pub. D.P.Vanua a Commission I certify ( or declare) under penalty January 30. 1997) of perjury that the foregoing is true --and correct . Dated at Palm Desert , California this 30TIl DAY OF .JANUARY 1997 r -- ------------ --- ------ --- --natut R CITY OF PALM DESERT MEMORANDUM TO: Paul Shillcock, Economic Development Manager FROM: Steve Smith, Planning Manager DATE: January 27, 1997 SUBJECT: Freeway Commercial Overlay District The comprehensive Zoning Ordinance Review Committee has completed its review of the above noted ordinance, which if enacted by the City Council, will expand permitted uses in certain designated areas around the freeway off-ramps. The committee has endorsed the draft ordinance and referred it to the Economic Development .Advisory Committee for comment. The matter will go to public hearing before the Planning Commission on February 18, 1997. We would be pleased to present any comments from E.D.A.C. to the Planning Commission at that time. STtVE SMITH PLANNING MANAGER Attachment SS/db w DRAFT FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.104.010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25.104.020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: i) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments viii) mini warehouses ix) outdoor recreational vehicle and boat storage 25.104.030 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. w t FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking: The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station(no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive- through lane Hotel See M.C. Section 25.58.310 b) Setbacks: Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping: All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent(30%) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 2 w T FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25.104.040 Freeway Visible Signage. Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: i) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. Businesses identified on freeway visible signage shall be limited to traveler oriented users such as gas stations, restaurants and hotels. Other similar users may be approved by the Planning Commission. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall not exceed 60 feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles(such as buildings, trees, overpass structures) between the sign face and vehicles driving on the I-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres= 125 square feet Site from 10.0 acres to 24.99 acres= 150 square feet Site of 25.0 acres or greater= 175 square feet Maximum number of sign faces shall be two (2) which shall be oriented east/west toward freeway traffic. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six(6). The A.R.C.may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. 3 1 Y FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the I-10 freeway. DEFINITIONS Restaurant- General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates,utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include,but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages,that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant. drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing,waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food,beverages and sundries from a facility having less than 2500 square feet of gross floor area. 4 `��,�4�S§ ems$a� �TM •" `3� ne. 4 P F 4 aRg .nSq'P.ia�N I�\ \1\rl R-1 12,000 \ i A OEKUMV CITY OF PALM DESERT Case NO. CITY COUNCILRESOLUTION NO.Date 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 i TELEPHON E(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street (see map on reverse). SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE ti i9 ` 1 -214 IV. xr^aa N-1 12,000 \ Ik tA,roy� 1 f Cl II EIH I l � h 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT for approval of a Zoning Ordinance Amendment and Change of Zone to establish a Freeway Commercial Overlay District in which expanded uses may be permitted subject to issuance of a conditional use permit which will be applied as an overlay to certain properties near the 1-10 intersection with Monterey Avenue, Cook Street and Washington Street. SAID public hearing will be held on Tuesday, February 18, 1997, 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 January 30, 1997 Palm Desert Planning Commission AREAS OF PROPOSED OVERLAY ZONE " • �� rR�w . .yes w � T �s P 0Wr, w� SAI. _ yxs xe al�.} II ��'• I I r fl"1 12,000 , tom; I 605 070 014 605 070 016 607 020 042 BD PROPERTIES LP Family Trust Mathahs&Family Trust Place Vistas Eqr-Emerald NO STREET NAME or NUMBER 7822 Alta Cuesta Dr 40300 Washington St , CA Cucamonga, CA 91730 Indio, CA 92201 607 020 043 607 020 044 607 020 045 UNION OIL CO CLK INC AIG BERMUDA DUNES PARTNERS 2929 E Imperial Hwy 72875 Fred Waring Dr 301 Forest Ave#200 Brea, CA 92821 Palm Desert, CA 92260 Laguna Beach, CA 92651