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HomeMy WebLinkAbout28 Ord Nos. 1366 & 1367 - San Pablo Overlay District Zoning \\Srv-Everyone\Everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\28 Ordinances San Pablo Overlay District Zoning Ordinance Amendment\02 ZOA 20-0002 - CC Staff Report.Docx STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT MEETING DATE: May 13, 2021 PREPARED BY: Nick Melloni, Associate Planner REQUEST: Consideration of a Zoning Ordinance Amendment to amend the Palm Desert Municipal Code and add Section 25.28.045 “San Pablo Overlay District” to establish an overlay district, which will regulate commercial land uses along the San Pablo Corridor, and apply said overlay district to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and pass to second reading: 1. City Council Ordinance No. 1366, approving Zoning Ordinance Amendment 20-0002 to create Section 25.28.045 “San Pablo Overlay District” in its entirety and adopt a Notice of Exemption. 2. City Council Ordinance No. 1367, applying the “San Pablo Overlay District” to parcels of land identified in Exhibit A of the resolution. Planning Commission Recommendation At its meeting of April 6, 2021, the Planning Commission considered the Zoning Ordinance Amendment (ZOA) to add the “San Pablo Overlay District.” The Planning Commission voted 4-0 (Commissioner Gregory absent) to adopt Planning Commission Resolution Nos. 2788 and 2789 recommending approval of the ZOA to the City Council. Strategic Plan Objective The creation of the San Pablo Overlay District achieves the following Priorities outlined in the Envision Palm Desert Strategic Plan: Economic Development: Priority 4: Expand and raise awareness of business-friendly services in order to retain and attract businesses. May 13, 2021 –Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 2 of 5 \\Srv-Everyone\Everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\28 Ordinances San Pablo Overlay District Zoning Ordinance Amendment\02 ZOA 20-0002 - CC Staff Report.Docx Land Use, Housing & Open Space: Priority 4: Create a mixed-use city core integrating shopping, dining, lodging, and housing. Background Analysis In January 2020, City staff presented a proposal to the Economic Development Subcommittee to restrict chain businesses or formula-based businesses along the San Pablo Avenue Corridor with the following intent: • Preserve and enhance the “uniqueness” of the San Pablo Avenue Corridor, which is identified as a City Center and an important downtown area by the General Plan. • Promote a distinct district with unique retail and restaurant businesses and experiences. • Create a main street that serves the needs of the local community, supports small businesses, and serves as a draw for tourism. • Identify small businesses beneficial and preferred uses so they may coincide with future economic development programs for the street. Based on support and direction from the subcommittee the City Council adopted a goal for 2020 to establish the San Pablo Overlay District. In addition, with input from local businesses, staff initiated a ZOA to establish a new San Pablo Avenue Overlay District. Project Description The proposed ordinance will establish a new San Pablo Overlay District (SPOD). The SPOD is intended to preserve the unique character of the San Pablo Corridor and encourage small businesses on the street by limiting the number of formula businesses on properties that front upon the San Pablo Avenue street frontage between Magnesia Falls Drive and Highway 111 as shown in Figure 1 on the next page. May 13, 2021 –Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 3 of 5 \\Srv-Everyone\Everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\28 Ordinances San Pablo Overlay District Zoning Ordinance Amendment\02 ZOA 20-0002 - CC Staff Report.Docx Figure 1 - Properties Subject to the SPOD A formula business is considered any type of retail, service, or restaurant establishment that has 20 or more other locations in operation anywhere in the world. These formula businesses are further characterized by standardized operating procedures, merchandise, uniforms, décor, color schemes, architecture, signage, and trademarks or logos. Businesses that do not have these characteristics at the time of applying for approval from the City will not be subject to the limitation. Exceptions: The SPOD will establish a process and review criteria for formula businesses to request an exception to allow them to operate within the San Pablo Avenue Corridor. The ordinance will require a Conditional Use Permit (CUP) to be approved by the Planning Commission for any formula business, which is otherwise prohibited. Through the CUP, the formula business will be evaluated subject to findings, which include the following: • Ensuring the formula business is providing a distinctive experience and deviating from standard practices from other locations. • Evaluating the design and improvements, including interior décor and exterior architecture are distinctive from other locations. May 13, 2021 –Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 4 of 5 \\Srv-Everyone\Everyone\Staff Reports - Shared 2\Staff Reports 05-13-2021\4 -City Clerk - 05-13-2021\28 Ordinances San Pablo Overlay District Zoning Ordinance Amendment\02 ZOA 20-0002 - CC Staff Report.Docx • Ensuring the formula business occupies a multi-tenant building occupied by at least one other non-formula business. • Compatibility with existing uses on the street. The maximum number of formula businesses within the SPOD will be limited to a maximum of 40% of the lineal ground floor frontage along the San Pablo Avenue corridor. Existing Conditions: Currently, the majority of businesses within the area subject to the proposed SPOD are small businesses, which would not be considered formula businesses. There are two formula businesses along the corridor: • Circle K located at 44775 San Pablo Avenue • Metro by T-Mobile, a cellphone retail store, at 73540 Highway 111, Suite 2 Together, these existing formula businesses occupy 4.5% of the total existing lineal ground floor frontage along San Pablo Avenue. Public Input Public noticing was conducted in accordance with State law. A public hearing notice was published on Saturday May 1, 2021, in The Desert Sun. In January 2020, City staff met personally with business and property owners along the street frontage to notify them and gather input to prepare the ordinance. Staff has sent these owners a draft of the ordinance. On March 17, 2021, staff held a noticed meeting intended as an open to gather additional feedback on the ordinance and had no attendees. To date, the Development Services Department has received no letters in opposition to the proposed ZOA. Environmental Review The Director of Development Services has determined that the proposal to amend the Zoning Ordinance for the creation of the San Pablo Overlay will not have an impact on the environment, given that the amendment will limit, rather than expand, the types of business that can locate in the Overlay Zone. Any development proposal subject to Overlay Zone will require a project specific environmental review as part of the review of that project Findings of Approval Findings can be made in support of the project and in accordance with the City’s Municipal Code. Findings in support of this ZOA are contained in the City Council Ordinances attached to this staff report. May 13, 2021 —Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 5 of 5 LEGAL REVIEW Ilohrrl R. Ilan_rr;nr� DEPT. REVIEW G`�'+*c eeja FINANCIAL REVIEW N/A ASSISTANT CITY MANAGER �4r�cii� _/'ire;t nte Robert W. Hargreaves Eric Ceja, Deputy Director �anet Moore Andy Firestine City Attorney of Development Services Director of Finance Assistant City Manager City Manager L. Todd Hileman: �. rodd i-tClew�av�, ATTACHMENTS: 1. Draft City Council Ordinance No. 1366 2. Draft City Council Ordinance No. 1367 3. Planning Commission Resolution Nos. 2788 & 2789 4. Planning Commission DRAFT Minutes of April 6, 2021 5. City Council Public Hearing Notice 6. CEQA Notice of Exemption CITY COUNCILA�ON APPROVEn nrr�n-n RECEIVED OTll F.F' l��d�NaS - /.3/,-1� e�.,� /3/i� 1����.� !�� �''� l'�s�, MEET �TG DA � � " �� - ������ � AYES: �r � CJD �� ] NOES: i�� � ABSENT: AI3STAIN• VF.RIF[�D BY• Orisinal on Pile wiih City Clcrl<'s Office ��Srv-Everyone�Everyone6�aY. Repms - Snaretl 9S�aH hepons OSi3-202i �a -Qry Glear- 05-i3-2o; �pe Ormr.ances San Pablo Ovenay pisma Zornng Ommanre AmendmenlN2 ZOA 20-0002 � CC SIaR Reparl Dacx [This page has intentionally been left blank.] ORDINANCE NO. 1366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT TO CREATE PALM DESERT MUNICIPAL CODE SECTION 25.28.045 SAN PABLO OVERLAY DISTRICT TO ESTABLISH AN OVERLAY DISTRICT TO REGULATE COMMERCIAL USES ON SAN PABLO AVENUE BETWEEN HIGHWAY 111 AND MAGNESIA FALLS CASE NO: ZOA 20-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted, and adopted Resolution Nos. 2788 and 2789, recommending that the City Council adopt the ZOA, and apply the overlay district to properties identified in the Resolution; and WHEREAS, the San Pablo Overlay District restricts formula-based businesses in order to preserve the unique character of the San Pablo Corridor as an important anchor of the City Center, and provides criteria to review exceptions to allow formula-based businesses upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing businesses; and WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of May 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the overlay district is consistent with the City’s General Plan; and WHEREAS, at the 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 said request: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts the Zoning Ordinance Amendment to create Palm Desert Municipal Code Section 25.28.045 San Pablo Overlay District as shown in Exhibit A, which is attached hereto and incorporated herewith. ORDINANCE NO. 1366 2 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of May 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ KATHLEEN KELLY, MAYOR ATTEST: __________________________________ M. GLORIA SANCHEZ, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1366 3 EXHIBIT “A” 25.28.045 San Pablo Overlay District A. Intent and Purpose. The City’s General Plan envisions a “City Center” that provides a comfortable, walkable, mixed-use district along the Highway 111 corridor and surrounding areas. Because of its connection to El Paseo, Highway 111, existing neighborhoods, and educational, recreational, and civic facilities, San Pablo Avenue is identified as an important corridor to anchor the downtown district. To ensure that the unique characteristics of the corridor are preserved and enhanced this overlay district is intended to promote a distinctive retail and community experience. B. Applicability. This overlay district applies to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls as shown in Figure 25.28-1. Figure 25.28-1 San Pablo Overlay Exhibit Area ORDINANCE NO. 1366 4 C. Permitted and Conditionally Permitted Uses. Uses permitted and conditionally permitted as identified in Table 25.18-1 Use Matrix for Downtown Districts are allowed on properties with frontage along San Pablo subject to the provisions of this overlay district. D. Prohibited Use. The following types of uses and businesses are prohibited within the overlay district: 1. Formula businesses fronting San Pablo Avenue. 2. Formula business restaurants. E. Exceptions. A conditional use permit shall be required for all formula businesses not otherwise permitted by this chapter. No more than 40% of the lineal ground-floor commercial frontage along the San Pablo Avenue corridor shall be occupied by formula businesses (Refer to Section 25.99.020 of this Title). A conditional use permit may be approved by the Planning Commission if the following findings can be made: 1. The formula business provides a distinctively unique experience from its standard practices and other locations. 2. The formula business, together with its design and improvements, provides a distinctive appearance different from other locations. 3. The formula business is not in a stand-alone building and shares a building with at least one other non-formula business. 4. The formula business is compatible with the existing uses along the corridor. Section 25.99.020 Land Use Definitions Formula Business – a type of retail, service, or restaurant establishment that has twenty (20) or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, décor, color scheme, uniformed apparel, standardized signage, a trademark or service mark. San Pablo Overlay Frontage – the lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure 25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue. ORDINANCE NO. 1367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPLY THE SAN PABLO OVERLAY DISTRICT TO ALL COMMERCIAL PROPERTIES ON SAN PABLO BETWEEN HIGHWAY 111 AND MAGNESIA FALLS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: ZOA 20-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of April 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted, and adopted Resolution Nos. 2788 and 2789, recommending that the City Council adopt the ZOA, and apply the overlay district to properties identified in the Resolution; and WHEREAS, the San Pablo Overlay District restricts formula-based businesses in order to preserve the unique character of the San Pablo Corridor as an important anchor of the City Center, and provides criteria to review exceptions to allow formula-based businesses upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing businesses; and WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of May 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the overlay district is consistent with the City’s General Plan; and WHEREAS, at the 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 said request: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert hereby adopts the Zoning Ordinance Amendment to create Palm Desert Municipal Code Section 25.28.045 San Pablo Overlay District as shown in Exhibit A, which is attached hereto and incorporated herewith. ORDINANCE NO. 1367 2 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of May 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ________________________________ KATHLEEN KELLY, MAYOR ATTEST: __________________________________ GLORIA SANCHEZ, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA ORDINANCE NO. 1367 3 EXHIBIT “A” 1367 [This page has intentionally been left blank.] PLANNING COMMISSION RESOLUTION NO. 2788 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO CREATE PALM DESERT MUNICPAL CODE SECTION 25.28.045 SAN PABLO OVERLAY DISTRICT TO ESTABLISH AN OVERLAY DISTRICT TO REGULATE COMMERCIAL USES ON SAN PABLO AVENUE BETWEEN HIGHWAY 111 AND MAGNESIA FALLS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: ZOA 20-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6t'' day of April 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted and adopted Resolution No. 2788 recommending the City Council adopt the Zoning Ordinance Amendment (ZOA); and WHEREAS, the San Pablo Overlay District restricts formula-based businesses in order to preserve the unique character of the San Pablo Corridor as an important anchor of the City Center, and provides criteria to review exceptions to allow formula-based businesses upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing businesses; and WHEREAS, the Planning Commission of the City of Palm Desert, at the said public hearing, upon hearing and considering all the facts and any testimony given adopts the following as its Findings in recommended approval of the ZOA to the City Council: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the ZOA to create Section 25.28.045 San Pablo Overlay District as shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any PLANNING COMMISSION RESOLUTION NO. 2788 part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the CEQA from environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 20-0002. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 6t'' day of April 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE � , OHN RE OD, HAI ATTEST: � � ` � � --� ERIC CEJA, SE(��TARY PALM DESERT P�LANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2788 25.28.045 San Pablo Overlay District EXHIBIT "A" A. Intent and Purpose. The City's General Plan envisions a"City Center" that provides a comfortable, walkable, mixed-use district along the Highway 111 corridor and surrounding areas. Because of its connection to EI Paseo, Highway 111, existing neighborhoods, and educational, recreational, and civic facilities, San Pablo Avenue is identified as an important corridor to anchor the downtown district. To ensure that the unique characteristics of the corridor are preserved and enhanced this overlay district is intended to promote a distinctive retail and community experience. B. Applicability. This overlay district applies to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls as shown in Figure 25.28-1. W > a r w � w � z 0 � Figure 25.28-1 San Pablo Overlay Exhibit Area MAGNESfA FALLS DR MAGNESIA FALLS DR u � ��i�a �`j� �O � L=■ � 3 nnr iii PLANNING COMMISSION RESOLUTION NO. 2788 C. Permitted and Conditionally Permitted Uses. Uses permitted and conditionally permitted as identified in Table 25.18-1 Use Matrix for powntown Districts are allowed on properties with frontage along San Pablo subject to the provisions of this overlay district. D. Prohibited Use. The following types of uses and businesses are prohibited within the overlay district: 1. Formula businesses fronting San Pablo Avenue. 2. Formula business restaurants. E. Exceptions. A conditional use permit shall be required for all formula businesses not otherwise permitted by this chapter. No more than 40% of the lineal ground-floor commercial frontage along the San Pablo Avenue corridor shall be occupied by formula businesses (Refer to Section 25.99.020 of this Title). A conditional use permit may be approved by the Planning Commission if the following findings can be made: 1. The forrnula business provides a distinctively unique experience from its standard practices and other locations. 2. The formula business, together with its design and improvements, provides a distinctive appearance different from other locations. 3. The formula business is not in a stand-alone building and shares a building with at least one other non-formula business. 4. The formula business is compatible with the existing uses along the corridor. Section 25.99.020 Land Use Definitions Formula Business — a type of retail, service, or restaurant establishment that has twenty (20) or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, decor, color scheme, uniformed apparel, standardized signage, a trademark or service mark. San Pablo Overlay Frontage — the lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure 25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue. 4 PLANNING COMMISSION RESOLUTION NO. 2789 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMMENDMENT TO CREATE PALM DESERT MUNICPAL CODE SECTION 25.28.045 SAN PABLO OVERLAY DISTRICT TO ESTABLISH AN OVERLAY DISTRICT TO REGULATE COMMERCIAL USES ON SAN PABLO AVENUE AND TO APPLY THE OVERLAY DISTRICT TO ALL COMMERCIAL PROPERTIES ON SAN PABLO BETEEN HIGHWAY 111 AND MAGNESIA FALLS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL GIUALITY ACT (CEQA) CASE NO: ZOA 20-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6'h day of April 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above-noted and adopted Resolution No. 2789 recommending the City Council adopt the Zoning Ordinance Amendment ( ZOA); and WHEREAS, the San Pablo Overlay District restricts formula-based businesses in order to preserve the unique character of the San Pablo Corridor as an important anchor of the City Center, and provides criteria to review exceptions to allow formula-based businesses upon approval of a Conditional Use Permit (CUP) to ensure compatibility with existing businesses; and WHEREAS, the Planning Commission of the City of Palm Desert, at the said public hearing, upon hearing and considering all the facts and any testimony given adopts the following as its Findings in recommended approval of the ZOA to the City Council: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes ci#ies to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Zoning Ordinance Amendment to creating the San Pablo Overlay District and applying the overlay to parcels shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision PLANNING COMMISSION RESOLUTION NO. 2789 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more sut�sections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be categorically exempt from the requirements of the CEQA from environmental review. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval to the City Council of ZOA 20-0002. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 6t'' day of April 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE � �— . � J HN G EENW D, C ATTEST: , � / � �, � � � - - ,� �� y ERIC CEJ�A, ��CRETARY PALM DESERT PLANNING COMMISSION z PLANNING COMMISSION RESOLUTION NO. 2789 EXHIBIT "A" . _�_ . --- MAGNfSlA FALLS DR _ _ _ lldAGlY�SIA FAiLS aR ______ W a �' ' i � W - � �i�� w � _� . � z 0 � w � � � �R � � o y;� r � Q , - �- - E 4 f�_ . x J I � N `-��� � � = � �� 1',� _ ,._ � - , , - . " �"" FRED WARlNG DR = - '-__ r _. � � � , �. � � - �. �.� i .,�_ . .� � 1 � � 1 � ll�;! ���, � : � , � � _ .-. -. - _ '� - - _} ; ; , , 8�� =� � . , � _ �� � , 8������� i - - _ : ��I. ��.�_ _ __�.r .�r � � _. _. 1'�_� 1�;, --��,- -- _ _ � �_ "- �, ' ' ; Q a ` , - ... > � _ _ �, o r --�_ _:.,___ _ - W , , _.. , , . • � _` �, t w ��� � -- _�_ � 4 c :_.� z _ _ ;� � _�, : - � � __ ; h � o � _ � E� _ --; �_ - - - ; ` ( �- - - _ � ` �` r . _. �� _ ' " : 1T � . \ r` Ti (--T- } HWY 11 '1 - — \,l\ \ : �//�.. ��_._'—.r..._-I i � I �i '. . —1 .�� � I : ' � . ... . T—_ . 1 T _'_l r-T-rT'.^1—Y�- � � .�1 Fa�l`t :lP•rr! f - � =-: �\ PLANNING COMMISSlON r" �`�, Case No. ZOA 20-0002 RESOLUTION NO. 2�89 �J � �, '' �''�� �. �� � . �, �.`T-!• Date: 4f6r1021 `- . _- 3 [This page has intentionally been left blank.] PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2021 5 residents are asking the Planning Commission to consider what is going to happen in 10 years. Chair Greenwood asked what would happen in 10 years if a new tenant has a significant change to the use of the property. Would it come back to the Planning Commission for review? He also asked if the Commission could add a condition that states if there is a significant change in the use, it must return to the Planning Commission for review. Mr. Swartz replied that the Commission could add a condition of approval. He said City staff would need to monitor the use. He noted that parking standards could change 10 years from now. He also noted that in 10 years the landlord may have a problem leasing the building due to the parking. Vice-Chair DeLuna commented that the adjacent automotive shop could move out and be replaced with a business with less traffic, which would solve the problem. She said that the Commission could not anticipate what happens 10 years down the road and put constraints on the current applicant on what might be in 10 years. Mr. Swartz reminded the Commission that the property is zoned Downtown Overlay; therefore, potentially someone could buy all the properties and propose a mixed-use project. Chair Greenwood commented that they have a very specific building, which has been vacant for a long time. The proposed project would be a nice enhancement to a corner off of Highway 111. He thought with the 111 overlay, the City would be looking at the density and parking on all projects. He did not mind the street parking, which he always pays attention to when adjacent to a residential neighborhood. In this case, there is frontage parking, parking on-site and limited parking on Alessandro Drive for a low impact use business. He stated that the project as presented is acceptable. Commissioner Pradetto pointed out that the comparisons offered by the residents relate to residential projects in which multiple people are living in the projects and not necessarily similar to commercial projects. He said he would argue that they are not applicable comparisons in equal uses. He stated that the goals and objectives of the Downtown Overlay are to reduce the reliance on vehicles and encourage more walking; therefore, moved for approval. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2787, approving Case No. PP 21-0003, subject to the conditions of approval; and adopt a Notice of Exemption. The motion was seconded by Vice-Chair DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). B. REQUEST FOR CONSIDERATION to adopt resolutions recommending approval to the City Council to amend the Palm Desert Municipal Code and add Section 25.28.045 San Pablo Overlay District to establish an overlay district, which will regulate commercial land uses within the San Pablo Corridor, and apply said overlay district to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls; and PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2021 6 adoption of a Notice of Exemption in accordance with the CEQA. Case No. ZOA 20- 0002 (City of Palm Desert, California, Applicant). Assistant Planner Nick Melloni presented the staff report. Staff recommended approval and offered to answer any questions. Commissioner Pradetto asked who initiated this idea and proposal. Mr. Melloni responded that the proposal was based on the General Plan’s goals, objectives, and policies. The idea was presented to the Economic Development Subcommittee prior to the pandemic. With the direction from the subcommittee, staff proceeded with the Zoning Ordinance Amendment (ZOA). Mr. Ceja added that the City has been contemplating this idea for two years. He said that staff has done community outreach with the businesses on San Pablo. The staff made a presentation to the Economic Development Subcommittee, which consists of two council members, and they were very much in favor of pursuing the San Pablo Overlay. Commissioner Pradetto voiced that this proposal is phenomenal. He asked if there was any contemplation of broadening this overlay to businesses fronting Highway 111 from Monterey Avenue to Deep Canyon Road because businesses on Highway 111 are locally owned as well. He stated that the benefits of local businesses to a community are cumulative. Mr. Ceja said not to that extent. However, staff did look at properties at the intersection of Highway 111 and San Pablo Avenue. However, in the future, the City could look at expanding the overlay. Commissioner Pradetto commented that this overlay should be used as a trial test, in which, the City collects data and show the benefits of local businesses and how the City could support them. Chair Greenwood inquired if there are any implications with the proposed ZOA and projects recently approved by the Planning Commission, specifically, the project at the corner of Fred Waring Drive and San Pablo Avenue. Mr. Ceja believed there are no implications, stating that staff reached out to the group working on the mixed-use project. They might have one or two national chains. He said there is not a strict prohibition on national chains; however, the national chains would need to go through the Conditional Use Permit process. Chair Greenwood said the ZOA is well done. He liked that it sets a goal, and gives options. Vice-Chair DeLuna thanked staff for all their efforts. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION APRIL 6, 2021 7 Commissioner Holt asked if staff considered limiting the square footage of the formula business that was to be allowed. Mr. Ceja replied that staff did not look at limiting the square footage. Commissioner Holt asked how staff arrived at 40 percent. Mr. Ceja responded that the 40 percent came from the Economic Development Subcommittee, but was staff driven so it would not dominate the street. Commissioner Holt asked if the subcommittee discussed differentiating between restaurants and retail businesses so there is an even split. Mr. Ceja replied that the subcommittee did not discuss differentiating between restaurants and retail businesses. Commissioner Pradetto interjected that he would not want to create equity for something they are trying to discourage. Chair John Greenwood declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Pradetto moved for approval, stating that he loves the proposal and is looking forward to it being an evolution that changes as they learn and grow. He hoped it sparks local businesses in the Palm Desert community. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution Nos. 2788 and 2789, recommending to the City Council approval of Case No. ZOA 20-0002; and adopt a Notice of Exemption. The motion was seconded by Vice-Chair DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Art in Public Places Commission Chair Susan Myrland reported that they received 198 applications for the San Pablo roundabout art piece. They are also developing a master plan for San Pablo art. B. PARKS & RECREATION [This page has intentionally been left blank.] CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 20-0002 NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH THE SAN PABLO OVERLAY DISTRICT TO REGULATE COMMERCIAL USES ON SAN PABLO AVENUE AND TO APPLY THE OVERLAY DISTRICT TO ALL COMMERCIAL PROPERTIES ON SAN PABLO AVENUE BETWEEN HIGHWAY 111 AND MAGNESIA FALLS DRIVE; AND ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 in that the proposed action will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)3 in that the ZOA to establish the overlay zone will not result in a direct impact to the built environment, and that specific projects within the overlay zone will be evaluated in accordance with CEQA when a development application is filled. Therefore, the Director of Development Services is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: The San Pablo Overlay District (SPOD) will apply to all commercial properties abutting San Pablo Avenue between Highway 111 and Magnesia Falls Drive. Code Amendment Description: The SPOD is intended to preserve the unique character of the San Pablo Avenue corridor as a City Center, which provides a distinctive community experience, by limiting the number of national chains and brands (“formula-based businesses”) along the corridor. Recommendation: Staff is recommending that the City Council adopt an ordinance supporting the changes to the Zoning Ordinance. Planning Commission Recommendation: The Planning Commission of the City of Palm Desert held a duly noticed public hearing on April 6, 2021, to consider the ZOA. The Planning Commission voted 4-0-1 (Commissioner Gregory ABSENT) to adopt Resolutions Nos. 2788 and 2789, recommending that the City Council adopt the ZOA. Public Hearing: The public hearing will be held before the City Council on May 13, 2021, at 4:00 p.m. via Zoom. The hearing will be conducted in accordance with the City’s emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/mayor-and-city-council-/city-council- meeting-information-center. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from May 1, 2021, to May 13, 2021. Public Review: The Zoning Ordinance Amendment is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Nick Melloni. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN GLORIA SANCHEZ, ACTING CITY CLERK May 1, 2021 PALM DESERT CITY COUNCIL [This page has intentionally been left blank.] Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: ZOA20-0002 2. Project Applicant: City of Palm Desert 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): City of Palm Desert – San Pablo Avenue between Magnesia Falls Drive and Highway 111 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: Zoning Ordinance Amendment to amend the Palm Desert Municipal Code and add Section 25.28.045 “San Pablo Overlay District” to establish an overlay district, which will regulate commercial land uses within the San Pablo Corridor, and apply said overlay district to all commercial properties along San Pablo Avenue between Highway 111 and Magnesia Falls. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: City of Palm Desert 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: CEQA Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: Notice of Exemption FORM “B” (g) Other. Explanation: 9. Reason why project was exempt: Project is consistent with the City’s general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. 10. Lead Agency Contact Person: Nick Melloni, Associate Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption?  Yes No If yes, the date of the public hearing was: May 13, 2021 Signature:__________________________________ Date:_______________ Title:__________________________  Signed by Lead Agency  Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.