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26 Drive Through Restaurants
STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT DATE: May 13, 2021 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Request for direction regarding drive-through restaurants in the City of Palm Desert. Recommendation By Minute Motion, provide City staff direction to: 1) Initiate a Zoning Ordinance Amendment (ZOA) to Section 25.16 Commercial and Industrial Districts to develop standards and criteria for drive-through restaurants in the Regional Commercial Center (PC-3) zones, subject to a Conditional Use Permit. Or: 2) Provide staff direction to research additional items related to drive-through restaurants for further City Council consideration. Background Analysis Currently, the City’s Zoning Ordinance conditionally permits drive-through restaurants for properties within the Freeway Commercial Overlay District (FCOD). In 2017, the City Council adopted Ordinance 1322 extending permissible drive-through areas further south along Monterey Avenue. Drive-through restaurants are currently prohibited in all other parts of the City, including Highway 111. The Development Services Department continues to receive requests from commercial real estate brokers and owners wishing to construct drive-through restaurants along Highway 111 as well as other major corridors including, Washington Street and Fred Waring Drive. These requests have increased significantly through the COVID-19 pandemic. Staff has stated to the owners that an application for a drive-through restaurant outside of the FOCD cannot be processed until a ZOA is initiated and adopted to expand drive-through restaurants beyond the FCOD. At its meeting on February 25, 2021, the City Council discussed allowing drive-through restaurants in other parts of the City and directed staff to explore drive-through restaurant zoning standards and permitted zoning districts of the City, specifically related to: • Development standards for enhanced building architecture, drive-through screening, and site design. • Possible limitation on the total number of drive-through restaurants along a specific corridor or within a specific shopping center. May 13, 2021 – Staff Report Direction on Drive-thru Restaurants Page 2 of 6 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\26 Drive-Through Restaurants\01 CC Staff Report Drive-Throughs.doc • Possible separation requirements between drive-through uses. • Explore operational standards related to environmental quality and employment. Discussion Possible Locations Currently, the City’s Zoning Ordinance conditionally permits drive-through restaurants for properties within the Freeway Commercial Overlay District (FCOD). Staff’s recommendation would not change the FCOD and a map is provided as part of this report to highlight the various commercial zoning districts throughout the City. Downtown: The City’s General Plan has created a “downtown district” between Monterey Avenue and Deep Canyon Road with the goal to create a vibrant and active city center; providing high-intensity mixed-use developments anchored by civic, cultural, entertainment, retail, and dining opportunities along walkable streetscapes. With the goals of the General Plan in mind, staff strongly recommends that drive-through uses not be permitted along Highway 111 between Monterey Avenue and Deep Canyon Road. District Commercial Center (PC2): This district is characterized by smaller-scale shopping centers in close proximity to residential uses and includes: • The Albertson’s shopping center at Deep Canyon and Highway 111. • The Albertson’s shopping center at Washington Street and Hovley Lane. • The Bristol Farms shopping center at Monterey Avenue and Country Club Drive. • The Ralphs shopping center at Country Club Drive and Cook Street. Because of the smaller scale, the proximity of the centers to residential use, and confined circulations patterns which make drive-through uses harder to fit into the existing centers, staff recommends that drive-through uses continue to be prohibited in the PC2 zoning district. Regional Commercial Centers (PC3): The regional commercial center provides for large- scale, large-format, commercial development that serves the broader region and is generally located around major intersections and properties in proximity to freeway overpasses. These larger-scale centers are dominated by large parking areas, greater separation from residential uses; and their vehicle-oriented nature, make them more favorable to accommodate drive-through restaurant locations. Staff can recommend, that with proper screening and site design standards, the PC3 zoning district could accommodate drive-through restaurant uses. The areas include: • The Desert Crossings shopping center (Target) at the southwest corner of Highway 111 and Fred W aring Drive. • Town Center Plaza shopping center (Trader Joes) at the southeast corner of Fred Waring Drive and Town Center Way. May 13, 2021 – Staff Report Direction on Drive-thru Restaurants Page 3 of 6 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\26 Drive-Through Restaurants\01 CC Staff Report Drive-Throughs.doc • 111 Town Center shopping center (Whole Foods) at the southwest corner of Fred Waring Drive and Town Center Way. • Westfield Mall. • W aring Plaza shopping center (Outback, PGA Superstore) at the northeast corner of Highway 111 and Fred Waring Drive. • Walmart Neighborhood Market shopping center at the southeast corner of Highway 111 and Fred Waring Drive. • Palms to Pines West shopping center (McDonalds and Smart & Final) at the southeast corner of Highway 111 and El Paseo. • Plaza Way shopping center (Staples) at the southeast corner of Highway 111 and Plaza Way. • Millennium Project (vacant parcel adjacent to the freeway) The following are zoned PC3 but maintain the FCOD, which allows for drive-through restaurants. • Desert Gateway shopping center (Walmart) at the southeast corner of Monterey Avenue and Dinah Shore Drive. Only the northern portion to the freeway maintains the FCOD. • The Costco shopping center at the northwest corner of Monterey Avenue and Dinah Shore Drive. • Monterey Crossings shopping center at the northeast corner of Monterey Avenue and Dinah Shore Drive. • The Village at University Park (Firehouse restaurant) at the southeast corner of Cook Street and Gerald Ford Drive. Only the north potion maintains the FCOD. • North shopping center (ARCO, Hampton Inn, and Starbucks) at the northeast corner of Cook Street and Gerald Ford Drive. • Northwest shopping center (Mobile Gas station) at the northwest corner of Cook Street and Gerald Ford Drive. Resort Commercial Center (PC4): Resort commercial centers are limited in the City and include: • The Las Sombres shopping center at the northwest corner of Highway 111 and Fred Waring Drive south of Park View Drive (Olive Garden). • The hospitality row of hotels (Esmerelda, Holiday Inn Express, and Best Western) along Highway 111 on the border of Indian Wells. Because of their location, proximity to resort uses, and design consideration, staff does not recommend that drive-through uses be permitted in the PC4 zoning districts. Based on the commercial land use discussions above, staff recommends continuing to allow drive-through restaurants within the FCOD, and expand, on a smaller scale, additional drive-through uses in the PC3 zoning district as stated below. Attached to this staff report is a map showing all of the above noted and zones. May 13, 2021 – Staff Report Direction on Drive-thru Restaurants Page 4 of 6 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\26 Drive-Through Restaurants\01 CC Staff Report Drive-Throughs.doc Process Consistent with how drive-through restaurants are considered under today’s Zoning Ordinance, and how other jurisdictions also evaluate drive-through restaurant proposals, staff strongly recommends continuing to use the Conditional Use Permit (CUP) process to evaluate drive-through restaurant proposals for adherence to the City’s goals and objective related to operations, screening, and design. Drive-through restaurants should continue to require a CUP that must be approved by the City’s Architectural Review Commission (ARC) and the Planning Commission for design, land use compatibly, parking, and location. Development Standards Staff evaluated what standards other cities apply when considering drive-through proposals and has provided the following list that could be applied to address City Council’s previous comments on design: • Drive-through restaurants are not permitted to front either Highway 111, Monterey Avenue, or Fred Waring Drive. This concept would preserve the viewing corridor by limiting the visibility of vehicle queuing and other nuisance issued created by drive-through restaurants. • Drive-through restaurants are permitted only wit hin the interior of shopping centers, as long as they are not fronting a public street and are at least screened by another building or a significant landscape buffer. Certain shopping centers such as Desert Crossings maintain an abundance of parking within the shopping center. Having one or two drive-through restaurants could work within the interior parking lots, and the buildings would not have a visible impact Highway 111 or Fred Waring Drive. • Drive-through restaurants are not allowed within 400 feet of another drive-through restaurant. This concept has been applied to other land uses such as massage parlors, cannabis uses, and office professional uses along El Paseo. The buffer concept stops oversaturation in one area and preserves the commercial centers for retail uses and sit-down restaurants. • Drive-through restaurants cannot be located within 200 feet of a residential zoned property (excluding mixed-use). Certain shopping centers within the PC3 zone are near residential neighborhoods. Creating a 200-foot buffer would help alleviate any potential impacts such as noise from the ordering board/speakers, lighting, idling of cars, and trash. May 13, 2021 – Staff Report Direction on Drive-thru Restaurants Page 5 of 6 \\srv-everyone\everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\26 Drive-Through Restaurants\01 CC Staff Report Drive-Throughs.doc • Drive-through restaurants are not allowed on corner lots within the PC3 zones. This will preserve the main intersections, and allow vibrant businesses that engage and interact with the street, such as restaurants with outdoor patios retail uses, and potentially mixed-use developments. Design Guidelines The following would be reviewed as part of the CUP application. • Building design and architecture. The buildings must be designed to be compatible with the existing shopping centers in regards to materials, design and articulation, rooflines, and colors. Landscaping and creating buffers such as berms are also effective in screening drive-through lanes. Outdoor dining areas will also be required since they create an outdoor plaza that is visually pleasing and provides interaction. Creating an outdoor dining area will also allow customers the option of dining in. Staff will be analyzing the following: o Locations of mechanical equipment, servicing, and utilities. Service and loading areas should not face public right-of-way. o Lighting plans to ensure compatibility and not trespass onto neighboring properties. o Emissions/combat climate change/cut air pollutions, reduce idling. o Ordering board and speakers should not face residential uses. o Walls used for screening must be decorative and architecturally treated. o Landscaping and buffers for screening purposes, and building design. o Off-site improvements (drainage, grading, and WQMP). o Drive-through lanes should not face residential neighborhoods (car lights). o Amplification equipment. o Walk-up windows should be located near outdoor dining areas. o Creation of an outdoor dining area (250 square feet to create a plaza). • Ingress and egress. W ithin the interior shopping centers, the drive-through lane and ordering window must not impact site access and disrupt traffic patterns. The stacking of vehicles will also be reviewed as part of the ingress and egress, and must not block any accesses that disturb traffic flow. The drive-through lanes will need to be designed in a looping system. Staff will be analyzing the following: o Parking/circulation (stacking/number of vehicles). o Safe on and offsite traffic, pedestrian access, and bike links should not be interfered with. The use of different textures and colors must be used to identify them. o Length and location of the drive-through lane. May 13, 2021 — Staff Report Direction on Drive-thru Restaurants Page 6 of 6 o Existing circulation patterns of the shopping centers. o Locations of Stop Signs and signals. Based on the staff's research, drive-through restaurants could be compatible within the interior parking lots of shopping centers located within the PC3 zones. Allowing drive- through restaurants within the interior parking lots is a small step in expanding drive-through restaurants while preserving the Highway 111 corridor. Should the City Council support the staff's concepts above, and any other concepts made by the City Council, staff recommends that the City Council directs staff to initiate a ZOA to Palm Desert Municipal Code Section 25.16 Commercial and Industrial Districts. Staff would present the ZOA to the Planning Commission for their consideration and recommendation, and ultimately to the City Council for consideration of adoption. If the City Council does not support staff's concepts or the expansion of drive-through restaurants, staff recommends that the City Council provide future direction on drive- through restaurants. Fiscal Analvsis There is no fiscal impact related to the staff's recommendation. LEGAL REVIEW N/A DEPT. REVIEW �� ee� Robert W. Hargreaves Eric Ceja, Deputy Director City Attorney of Development Services FINANCIAL REVIEW N/A Janet Moore Director of Finance L Todd Hileman, City Managec L. TOGIGI Fhi.I.CvuGiv�, Attachment: 1. Map Showing the PC Zones *by Minute Motion, continue the item and direct staff to define a new overlay zone which would: a) allow a limited number of drive-through restaurant establishments on the Highway 111 corridor; b) identify specific locations for said drive-throughs; and c) add City Council approval to the existing approval process. Motion was seconded by Nestande and carried by a 3-2 vote (AYES:Jonathan, Nestande, and Quintanilla; NOES: Harnik and Kelly). CITY COLTNCiLACTTON APPROVF.D '�* RF.CE[VEP� ASSISTANT CITY MANAGER N/A Andy Firestine Assistant City Manager nF,NTF,D OTHEF �irrT�, n TF. C5- l3 -�C�I , l�./�Lt'Sf�/Y6P. � /�Ill/N!Tl1lllll A� rs:� nOf:S: - ll I�Q'l�f�l(l A13SF:NT: -��- � ABSTAIN• � VGI21F[ED BY• ���5 Original on File with City Clcrk's O�ce �\srv-everyone\everyone\Statt Repons-Sharetl 2\StaR Reporis OS-tb2021\4 �Clry Ciark � 0543-2021�26 Drlve-T�mugh Restaurenis\Ot CC StaR Rapon Orive-TM1mugM1s.tloc COOK STMONTEREY AVEFRED WARING DR PORTOLA AVEHOVLEY LN E FRANK SINATRA DR EL PASEO GERALD FORD DR WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W OASIS CLUB DRTAMARISKROW D R CALIFO R N IAAVESAN PABLO AVEPARK VIEW DR DEEP CANYON RDMAGNESIA FALLS DR DINAH SHORE DR COOK STTOWNCENTERWAYMONTEREY AVEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAIN DR FAIRWAY DR HOVLEY LN EPORTOLA AVEFRED WARING DR COUNTRY CLUB DR FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINTERSTATE HWY 10 INTERSTATE HWY 10 HWY 111 COOK STMONTEREY AVEFRED WARING DR PORTOLA AVEHOVLEY LN E FRANK SINATRA DR EL PASEO GERALD FORD DR WASHINGTON STELDORADO DRWARNER TRLHOVLEY LN W OASIS CLUB DRTAMARISKROW D R CALIFO R N IAAVESAN PABLO AVEPARK VIEW DR DEEP CANYON RDMAGNESIA FALLS DR DINAH SHORE DR COOK STTOWNCENTERWAYMONTEREY AVEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAIN DR FAIRWAY DR HOVLEY LN EPORTOLA AVEFRED WARING DR COUNTRY CLUB DR FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINTERSTATE HWY 10 INTERSTATE HWY 10 HWY 111 DriveThrough Facilities I VICINITY MAP P.C.-(2) P.C.-(3) P.C.-(4) FCOZ [This page has intentionally been left blank.] Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community DriveThrough Facilities I VICINITY MAP P.C.-(2) P.C.-(3) P.C.-(4) FCOZ