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Home My WebLink About28 Initiate ZOA for Drive Through Restaurants STAFF REPORT CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT DATE: June 24, 2021 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Request to Initiate a Zoning Ordinance Amendment Regarding Drive- Through Restaurants in the City of Palm Desert. Recommendation By Minute Motion: 1) Staff recommends that City Council direct staff to initiate a Zoning Ordinance Amendment (ZOA) to Section 25.16.040 - Specific Use Standards - H. Restaurants, to develop standards and criteria for drive- through restaurants, subject to a Conditional Use Permit. 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 and Fred Waring Drive. At the February 25, 2021, City Council meeting staff brought forward a request for direction to expand drive-through restaurants in other parts of the City. The City Council 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. • Possible separation requirements between drive-through uses. • Explore operational standards related to environmental quality and employment. At its meeting on May 13, 2021, the City Council discussed possible locations (zones), process, development standards, and design guidelines for possibly allowing drive-through restaurants beyond the FCOD. At that meeting, staff stated that drive-through restaurants should not be allowed in the following zones: June 24, 2021 – Staff Report Drive-Through Restaurants Page 2 of 7 • Downtown Districts; • Planned District Commercial (PC-2); and • Planned Resort Commercial (PC-4) Staff recommended that drive-through restaurants could be allowed in the Regional Commercial Centers (PC3) as they provide for large-scale, large-format, commercial centers. However, the City Council directed staff to limit which centers would be eligible for drive-throughs’ based on the size of the center and proximity to residential uses. Also at the meeting, staff discussed requiring a Conditional Use Permit (CUP) to process drive-through restaurants, design guidelines such as building architecture and ingress and egress/circulation, and potential development standards. Discussion The overall goal is to preserve the Highway 111 corridor, specifically through the downtown core (Monterey Avenue to Deep Canyon Drive). Based on City Council’s direction staff evaluated allowing drive-through restaurants within the FCOD and expand the allowance to PC3 zoned properties in shopping centers of fifteen (15) continuous acres or more. There are five shopping centers along the Highway 111 corridor that meet the fifteen (15) acres or more standard. • The Desert Crossings shopping center (Target) • 111 Town Center shopping center (Whole Foods) • Westfield Mall • Waring Plaza shopping center (Outback, PGA Superstore) • Palms to Pines West shopping center (McDonalds and Smart & Final) Additionally, staff is recommending the following criteria within the approved PC3 shopping centers. • Drive-through lanes and pick up windows shall not face Highway 111 unless completely screened by a significant landscape buffer and pedestrian amenities. This concept would preserve the viewing corridor by limiting the visibility of vehicle queuing and other nuisances created by drive-through restaurants. • Drive-through facilities shall not be located at, or within 400 feet of a signalized intersection. 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. • Drive-through restaurants are not allowed within 500 feet of another drive-through restaurant. June 24, 2021 – Staff Report Drive-Through Restaurants Page 3 of 7 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 500 feet of a residential zoned property (excluding mixed-use). A few of the shopping centers are near residential neighborhoods. Creating a 500- foot buffer would help alleviate any potential impacts such as noise from the ordering board/speakers, lighting, idling of cars, and trash. Process Staff recommends using the Conditional Use Permit (CUP) process to evaluate drive- through restaurant proposals for adherence to the City’s goals and objectives related to operations, screening, and design. The CUP must be approved by the City’s Architectural Review Commission (ARC) and the Planning Commission for design, land use compatibly, parking, location, and compliance with the zoning ordinance. Design Guidelines The following would be reviewed as part of the CUP application/process. • Environmental Review. • The applicant shall prepare and submit for review, a Greenhouse Gas Emission (GHG) and Air Quality study, and a plan on how to mitigate and off-set the GHG and Air Quality impacts from the drive-through operation and vehicle stacking, including: installation of photovoltaic panels, use of reusable materials, and reduction of idling. • 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 shall not trespass onto neighboring properties. o Emissions, Combat Climate Change, Cut Air Pollutions, and reduce idling. o Ordering board and speakers should not face residential uses. June 24, 2021 – Staff Report Drive-Through Restaurants Page 4 of 7 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 W ater Quality Management Plan). 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. • 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 off-site traffic, pedestrian access, and bike links should not be interfered with. The use of different textures and colors required for identification. o Length and location of the drive-through lane. o Existing circulation patterns of the shopping centers. o Locations of Stop Signs and signals. Based on the above noted, staff has drafted a ZOA to amend Palm Desert Municipal Code Section 25.16.040 - Specific Use Standards, H. Restaurants. Below is the draft with new language highlighted in red font. DRAFT Proposed Revision to City of Palm Desert Municipal Code - Zoning Ordinance 25.16.040 Specific Use Standards H. Restaurants. Drive-through and drive-in facilities permitted by a Conditional Use Permit (CUP) must be approved by the City’s Architectural Review Commission (ARC) and the Planning Commission for architectural and landscape design, land use compatibly, parking, and location as follows: 1. Permitted locations. i. Within Freeway Commercial Overlay District; ii. On the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive. iii. Within qualified Regional Commercial Center (PC-3) zones meeting the following criteria and identified in Figure 25.10-3: June 24, 2021 – Staff Report Drive-Through Restaurants Page 5 of 7 • The shopping center shall be at least fifteen (15) contiguous acres in size. • Shopping center must have adequate circulation and parking to accommodate drive-through facilities. 2. Prohibited locations. i. In the PC-3 zoning district drive-thru facilities shall not be located at, or within 400 feet of a signalized intersection. ii. Drive-through lanes and pick up windows shall not face Highway 111 unless completely screened by a significant landscape buffer and pedestrian amenities. iii. In the PC-3 zoning district drive-through restaurants are not allowed within 500 feet of another drive-through restaurant. iv. Drive-through restaurants cannot be located within 500 feet of a residential zoned property (excluding mixed-use). 3. Development Standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding pubic streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. iii. Drive-through restaurants shall be designed with dual drive-through vehicle access for vehicle stacking. iv. Safe on and off-site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements. v. A stacking area shall be provided for each service window or machine which contains a minimum of eight tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. vi. The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. vii. Vehicles at service windows or machines shall be provided with a shade structure and/or significant screening design. viii. Amplification equipment, lighting and location of drive-through June 24, 2021 – Staff Report Drive-Through Restaurants Page 6 of 7 elements and service windows shall be screened from public rights-of-way. ix. Lighting plans shall be submitted to ensure compatibility and shall not trespass onto neighboring properties. x. Emissions, Combat Climate Change, Cut Air Pollutions, and reduce idling will be evaluated. xi. Ordering board and speakers must not face residential uses. xii. Walls used for screening must be decorative and architecturally treated. xiii. Off-site improvements (Drainage, Grading, and Water Quality Management Plans must be submitted. xiv. Drive-through lanes must not face residential neighborhoods (car lights). xv. Walk-up windows should be located near outdoor dining areas. xvi. Safe on and off-site traffic, pedestrian access, and bike links should not be interfered with. The use of different textures and colors are required for identification. xvii. Existing circulation patterns of the shopping centers should not be significantly altered. xviii. All drive-through restaurants shall provide an outdoor dining patio equal to or greater than the square footage of indoor dining space. xix. Locations of mechanical equipment, servicing, utilities, and loading areas must not face public right-of-way. 4. Operational Standards i. Environmental Review – The applicant shall prepare, and submit for review, a Greenhouse Gas Emission (GHG) and Air Quality study as part of their CUP submittal. • Off-sets – The applicant shall propose a plan on how to mitigate and off- set the GHG and Air Quality impacts from the drive-through operation and vehicle stacking, including: installation of photovoltaic panels, use of reusable materials, and reduction of idling. ii. Applicants shall take positive steps to protect employees of the drive- through facility from emissions caused by idling cars. iii. Landscape and maintenance of screening method. iv. Daily site clean-up. June 24, 2021 - Staff Report Drive-Through Restaurants Page 7 of 7 v Drive-through restaurants are prohibited from using single-use plastics. If the City Council believes the draft language above meets their intent and criteria for drive- through restaurants, then staff will prepare the ZOA. The ZOA is required to go before the Planning Commission for their consideration and recommendation, then staff will formally present it to the City Council for consideration of adoption. Fiscal Analvsis There is no fiscal impact related to the staff's recommendation. LEGAL REVIEW N/A DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER G`�'uc eeJa N/A t1nAy �iresYine Robert W. Hargreaves Eric Ceja, Deputy Director Janet Moore City AttorneY of Development Services Director of Finance L Todd Hileman, City Manager L. TOG{G{ H61,CwtGiw Attachment: 1. Map Showing Approved Locations CTi'Y COiJI! CIL A�TiON APPROVGD � � nrrtrFn RECEIVEI'� OTHEF MF.F.TINGD 'PF L�.:' �y-.��-% AYGS: ` L2'i7� '� ,��/ NOIiS: CF/7 A�;�rNT: (�� A13STAIN: Ir� vF�z�r►e� �3v. /Y�C-;.S «��isriu:+� ��a !� ilc eceth Ci4y C3crtl:'s Of�ce Andy Firestine Assistant Citv Manaqer *By Minute Motion, reject the proposalfor a Zoning Ordinance Amendment to Section 25.16.040 — Specific Use Standards — H. Restaurants, and direct staff to reexamine the scope of the current Freeway Overlay Plan. Motion was seconded by Jonathan and approved by a 3-2 vote (AYES: Harnik, Jonathan, and Kelly; NOES: Nestande and Quintanilla). COOK STMONTEREY AVEFRED W ARING DR HOVLEY LN E FRANK SINAT RA DR EL P AS EO GERALD FO RD DR ELDORADO DRHOVLEY LN W TAMARISKROW DR SAN PABLO AVEPARK VIEW DR MAG NESIA FAL LS DR DINAH S HO RE DR TOWNCENTERWAYMONTEREY AVESHADOWMOU NTAIN DR HOVLEY LN EPORTOLA AVECOUNTRY CLUB DR FRANK SINAT RA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINTERSTATE HWY 10 PORTOLA AVEHWY 111DEEP CANYON RDCOOK STINTERSTATE HWY 10 111 TOWN CENTER15.06 ACRES THE C OSTCOSHOPPING CENTER39.59 ACRES WESTFIELD MALL65.45 ACRES WARING PLAZA19.94 ACRES THE DESERTCROSSINGS47.26 ACRES DESERT GATEWAY71.77 ACRES MONTEREY C ROSSINGS17.52 ACRES PALMS TOPINES WEST20.57 ACRES NORTHWESTSHOPPING CEN TER15.2 ACRES THE VILLAGE ATUNIVERSITY PARK22.95 ACRES <FU TURE>21.22 ACRES COOK STMONTEREY AVEFRED W ARING DR HOVLEY LN E FRANK SINAT RA DR EL P AS EO GERALD FO RD DR ELDORADO DRHOVLEY LN W TAMARISKROW DR SAN PABLO AVEPARK VIEW DR MAG NESIA FAL LS DR DINAH S HO RE DR TOWNCENTERWAYMONTEREY AVESHADOWMOU NTAIN DR HOVLEY LN EPORTOLA AVECOUNTRY CLUB DR FRANK SINAT RA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINTERSTATE HWY 10 PORTOLA AVEHWY 111DEEP CANYON RDCOOK STINTERSTATE HWY 10 111 TOWN CENTER15.06 ACRES THE C OSTCOSHOPPING CENTER39.59 ACRES WESTFIELD MALL65.45 ACRES WARING PLAZA19.94 ACRES THE DESERTCROSSINGS47.26 ACRES DESERT GATEWAY71.77 ACRES MONTEREY C ROSSINGS17.52 ACRES PALMS TOPINES WEST20.57 ACRES NORTHWESTSHOPPING CEN TER15.2 ACRES THE VILLAGE ATUNIVERSITY PARK22.95 ACRES <FU TURE>21.22 ACRES P.C. -(3) Shopping Center Acreage I VICINITY MAP <FUTURE><FUTURE> N A M E AC RES<FU T U R E >21.22111 T OW N C E N TE R 15.06DESERT GAT EW AY 71.77MONTEREY C R O SSIN GS 17.52NORTHWEST SHO PPI N G C EN TE R 15.20PALMS T O PI N E S W E ST 20.57THE C O ST C O SHO PPI N G C E N T ER 39.59THE DE SER T C R O SSI N GS 47.26THE VIL L AGE AT U N I VE R SIT Y PARK 22.95WARING PL AZA 19.94WESTFIELD MAL L 65.45