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Home My WebLink About2021-04-06 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, APRIL 6, 2021 — 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY COUNCIL ACTIONS V. ORAL COMMUNICATIONS In consideration of the current Coronavirus/COVID-19 Pandemic and pursuant to California Governor Newsom's Executive Orders, Planning Commissioners may participate via teleconference. Any person wishing to discuss any item not appearing on the agenda may address the Planning Commission via the Zoom session at this point by giving his/her name and address for the record. Remarks shall be limited to a maximum of three (3) minutes unless the Planning Commission authorizes additional time. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, members will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for a report and recommendation at a future Planning Commission meeting. Options for Public Participation: • Public comment may be received by email or voicemail from the time the agenda is posted up until one (1) hour prior to the posted time of meeting convening (5:00 p.m.). Emails will be distributed for the record prior to the meeting. If the sender so requests, the email will be read into the record during the virtual meeting. Emails shall be limited to a maximum of three (3) minutes. Email: plan ning(aDcityofpalm desert.org AGENDA REGULAR PLANNING COMMISSION MEETING APRIL 6, 2021 • Voicemails will be forwarded to the Planning Commission at or near the time they are received. If the sender requests, they may also be saved and played at the appropriate point in the live meeting. Voicemails shall be limited to a maximum of three (3) minutes. Voicemail: (760) 776-6409 • Via Zoom/teleconference: Please email moreilly(@cityofpalmdesert.org to request the Zoom meeting ID and passcode prior to meeting convening (until 5:00 p.m.). Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the office of the Department of Community Development and are available for public inspection on the City's website: cityofpalm desert.org. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Planning Commission meeting of March 16, 2021. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. 2 AGENDA REGULAR PLANNING COMMISSION MEETING APRIL 6, 2021 A. REQUEST FOR CONSIDERATION to approve a Precise Plan of design to convert the former oil change building into a design showroom, including a new 1,810- square-foot addition for H3K Design located at 74180 Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Case No. PP 21-0003 (H3K Design, Palm Springs, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2787, approving Case No. PP 21-0003 and adopting a Notice of Exemption. 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 adoption of a Notice of Exemption in accordance with the CEQA. Case No. ZOA 20-0002 (City of Palm Desert, California, Applicant). Rec: Waiver further reading and adopt: 1. Planning Commission Resolution No. 2788, recommending to the City Council approval of Zoning Ordinance Amendment 20-0002 to create Section 25.28.045 San Pablo Overlay District in its entirety. 2. Planning Commission Resolution No. 2789, recommending to the City Council approval of Zoning Ordinance Amendment 20-0002 to apply the San Pablo Overlay District to parcels of land identified in Exhibit A of the resolution. 3. Adopt a Notice of Exemption in accordance with CEQA. XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XIII. REPORTS AND REMARKS 3 AGENDA REGULAR PLANNING COMMISSION MEETING APRIL 6, 2021 XIV. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 1st day of April 2021. Monica O'Reilly, Recording retary 4 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, MARCH 16, 2021 — 6:00 P.M. ZOOM VIRTUAL MEETING I. CALL TO ORDER Chair John Greenwood called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Chair John Greenwood Vice-Chair Nancy DeLuna Commissioner Ron Gregory Commissioner Lindsay Holt Commissioner Joseph Pradetto Also Present: Craig Hayes, Assistant City Attorney Eric Ceja, Principal Planner Kevin Swartz, Associate Planner Monica O'Reilly, Management Specialist II Susan Myrland, Art in Public Places Commission Chair III. PLEDGE OF ALLEGIANCE Commissioner Ron Gregory led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTIONS None V. ORAL COMMUNICATIONS Art in Public Places Chair Susan Myrland communicated that there are changes with the Desert X Judy Chicago smoke sculpture, which she would give an update during Committee Meeting Updates. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2021 VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of February 16, 2021. Rec: Approve as presented. Upon a motion by Commissioner Pradetto, seconded by Vice-Chair DeLuna, and a 5- 0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve a Precise Plan and a Conditional Use Permit to demolish the existing Pizza Hut building and construct a new 7,500-square- foot retail and restaurant building located at 72310 Highway 111, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP/CUP 20-0002 (Nadel Architects, Inc., Los Angeles, California, Applicant). Principal Planner Eric Ceja stated that staff recommended continuing this item to a date uncertain. Staff would re-notice the public hearing when the project is ready. The applicant decided to postpone their application until the City Council completes their evaluation of the drive-through restaurants. He noted that the applicant is also continuing to evaluate the landscape plan. Commissioner Pradetto moved to, by Minute Motion, continue Case No. PP/CUP 20- 0002 to a date uncertain. The motion was seconded by Vice-Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES 2 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2021 Chair Myrland reported that the Art in Public Places Commission had a long discussion regarding the Judy Chicago smoke sculpture planned at The Living Desert. The Living Desert canceled the exhibition for several reasons, and then it was suggested to change the location to Desert Willow near the Montecito community. However, as of Friday, March 12 the new location was also canceled. She said that staff worked very hard to make it work, but there were too many complications. She mentioned that there was an article in the Los Angeles Times about the Judy Chicago sculpture being canceled for Desert X. Commissioner Ron Gregory commented that the article did not read well and he felt it was much better what she was proposing to do. Chair Myrland shared that during the meeting, Judy Chicago described the sculpture as being multi-story and pumping out colored smoke for at least 30 minutes. However, she would not reveal what was in the smoke. She only said it was non-toxic, but multiple environmentalists had an issue with the project and too close to the Montecito community. B. PARKS & RECREATION None XIII. REPORTS AND REMARKS None XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 6:11 p.m. JOHN GREENWOOD, CHAIR ATTEST: ERIC CEJA, SECRETARY MONICA O'REILLY, RECORDING SECRETARY 3 PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: April 6, 2021 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to approve a Precise Plan (PP 21-0003) of design to convert the former oil change building into a design showroom, including a new 1,810-square-foot addition for H3K Design located at 74180 Highway 111; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Planning Commission Resolution No. 2787, approving the applicant's request to convert the former oil change building into a design showroom, including a new 1,810-square-foot addition for H3K Design; and adopt a Notice of Exemption in accordance with the CEQA. Architectural Review Commission Recommendation Staff presented the proposed building to the Architectural Review Commission (ARC) at three separate meetings (September 22, 2020, January 12, 2021, and February 23, 2021). At the September 22, 2020, ARC meeting, the applicant only presented minor modifications to the building, which included the following. • Converting the bay garage doors to fixed and operable glass • Repainting the exterior (cream, light grey, and dark grey) • Removing the existing driveway along Cabrillo Avenue • Modifying the parking area • A new five-foot-high decorative fence featuring pressed concrete breeze block, wrought iron, and landscaping along the west and north property lines • New landscaping At the September 22, 2020, ARC meeting, the Commission requested that the applicant modify the wall design around the perimeter of the property for a more aesthetic design. At the January 12, 2021,ARC meeting, the applicant presented a revised fencing and landscape plan. The ARC stated that the new design was more appropriate and approved the wall design by a 5-0 vote, with Commissioner Lambell ABSENT. Also at the January 12, 2021, ARC meeting, the applicant presented conceptual renderings of the new 1,800-square-foot addition. The applicant stated that the addition is located on the east side of the building, and they will utilize for additional showroom space. The addition is in keeping with the existing building and has an overall building height of 15-9". The ARC did not take action and only provided comments. April 6, 2021 — Planning Commission Staff Report Case No. PP 21-0003 H3K Design Page 2of6 At the February 23, 2021, ARC meeting, the applicant presented the new 1,800-square-foot addition. The Commission discussed the east side of the building is a large blank wall and wanted to see the existing building line work carry over to tie the building together. The Commission also stated that the parapets need to overlap a foot or more onto the existing building to prevent the end of the parapet from being exposed, and to have good interlocking between the buildings. The ARC concluded their comments and approved the project on a 5-0 vote,with Commissioner McIntosh absent, subject to the following: 1) Consider the comments made by the Commission; 2) information for the line work on the east side of the building must be included in the final construction documents; 3) parapet should overlap onto the existing building; and 4) new addition needs to be a foot or higher than the existing building. Executive Summary Approval of staff's recommendation will allow the applicant to convert the former oil change building into a design showroom for H3K Design. The project includes an interior and exterior remodel, and a new 1,810-square-foot addition that they will utilize as a showroom. The property is zoned Downtown Core Overlay District (DO), which allows for retail uses. The project will be under parked for retail standards; however, staff is recommending approval based on the nature of the business operating as a design showroom and mostly by appointment only. Background Analysis A. Property Description: The project site is located on the corner of Highway 111, Cabrillo Drive, and Alessandro Drive. The lot is approximately 13,469 square feet and originally approved for a gas station (Texaco). On May 11, 2006, the City Council approved Case No(s). PP/CUP 05-05 and VAR 05-04 to allow a Jiffy Lube oil change facility. The property was designed with the main access driveway off Alessandro Drive, with an existing access off Cabrillo Avenue. B. Zoning and General Plan Designation: Zone: Downtown Core Overlay District (DO) General Plan: Downtown (D) C. Adjacent Zoning and Land Use: North: Downtown Edge Transition Overlay (DE-O)/Multi-family and single-family units South: DO/Office building East: Downtown Edge (DE)/Auto repair and commercial businesses West: DO/Commercial businesses GAPlanning\Monica OReilly\Planning Commission\Staff Reports\2021\4-6-21\Kevin\PC Staff Report H3K.docx April 6, 2021 — Planning Commission Staff Report Case No. PP 21-0003 H31K Design Page 3of6 Protect Description The applicant is proposing to convert the existing 2,205-square-foot building, with an existing 1,365-square-foot basement into a design showroom. The project also includes a new 1,810- square-foot addition along the eastern portion of the property fronting Highway 111. Below is the proposed building breakdown. • Showroom — 3,687 square feet • Office — 853 square feet • Storage — 840 square feet The project scope also includes the following. • Converting the bay garage doors to fixed and operable glass • Repainting the exterior (cream, light grey, and dark grey) • Remove the existing driveway along Cabrillo Avenue and restore to curb • Modifying the parking area to the south portion of the property • A new fence featuring pressed concrete breeze block, wrought iron, and landscaping along the west and north property lines • New landscaping Access to the site will remain via Alessandro Drive, and the project will include five (5) parking spaces, and one (1) accessible parking space. The business operates seven (7) days a week between the hours of 10:00 a.m. and 6:00 p.m. Monday through Saturday, and 10:00 a.m. and 5:00 p.m. on Sundays. The business has three (3) employees with one to two working at one-time. A. Architecture: The addition and exterior remodel maintains a contemporary theme with flat rooflines, architectural pop-outs, large glass recessed windows, thick architectural elements, and light exterior colors. The proposed building is single-story in height with rooflines between 15 and 21'-10" to the overall height. The building is oriented where the entry is facing Highway 111. The applicant will screen all existing and new rooftop equipment from all public views. The new fence is designed to complement the new architecture and will include a decorative breeze block at five (5)feet in height and scored block at 3'-6" in height. B. Landscape: The project includes existing and new landscaping. The applicant is proposing to add 10- to 12-foot Mexican Fan Palms around the project to match the existing Mexican Fan Palms. The project will include Mexican Fence Post Cactus and Barrel Cactus in front of the proposed fence. GAPlanning\Monica OReilly\Planning Commission\Staff Reports\2021\4-6-21\Kevin\PC Staff Report H3K.docx April 6, 2021 — Planning Commission Staff Report Case No. PP 21-0003 H3K Design Page 4 of 6 The project will also include additional Mexican Fence Post Cactus and Barrel Cactus along with Queen Victoria, Century Plant, and Pink Muhly Grass fronting Highway 111. The project site also includes existing Palo Verde trees that will remain. Overall, the landscape design will blend with the existing landscape, while maintaining low water usage. The applicant has provided a landscape plan, which is attached to the staff report. Final landscape plans will be submitted to the City's Department of Community Development and the Coachella Valley Water District (CVWD)for review and approval. Analysis The proposed project requires approval of a Precise Plan by the Planning Commission. The project complies with the following development standards including setbacks, building height, lot coverage, and land use compatibility. The project does not comply with the parking standards as described below. As part of the Precise Plan, the Planning Commission may modify the development standards including parking, and staff is recommending a modification based on the nature of the business being a showroom and not a typical retail store. A. Land Use Compatibility: The land use designation is Downtown within the General Plan and zoned DO. The DO provides a unified area for commercial and residential uses, which offer a wide range of goods and services, including comparison and convenience shopping, entertainment, cultural, and recreational uses. The district provides for large-scale, large-format, commercial development that serves the broader region and is generally located around major intersections. Staff believes that the proposed project maintains a land use that provides an attractive building design that will help update the Highway 111 corridor. The proposed use is a completely different use than an oil change building and providing a design showroom that is more compatible with the DO zone. The business will operate in the same manner as existing retail uses within the City. The new building will not interfere with parking as determined by staff and the proposed use would complement the adjacent uses in the vicinity. B. Parking: Section 25.18.050 Parking Requirements state retail uses require three (3) parking spaces per 1,000 square feet. The building totals 4,540 square feet(excluding the storage area) and requires 13 parking spaces. The applicant is providing five (5) parking spaces and one (1) accessible parking space. Staff is recommending a parking modification since the business operates with one (1) to two (2) employees and by appointment only. Additionally, a bulk of the square footage will be utilized as a showroom and not offices. The applicant has stated that their Palm Springs location has between three (3) to five (5) customers at one time. There is also additional public parking along the frontage road that customers may use. GAPlanning\Monica OReilly\Planning Commission\Staff Reports\2021\4-6-21\Kevin\PC Staff Report H3K.docx April 6, 2021 — Planning Commission Staff Report Case No. PP 21-0003 H3K Design Page 5of6 Based on the amount of parking, staff believes that there is adequate parking available to accommodate the proposed project. Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment, and is categorically exempt, under Class 32: Infill Development Projects, of the CEQA. Staff has prepared a Notice of Exemption and no further review is necessary. 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 project are contained in the Planning Commission Resolution attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER N/A �wic (i�a N/A N/A Robert W. Hargreaves Eric Ceja, Deputy Director of Janet Moore Andy Firestine City Attorney Development Services Director of Finance Assistant City Manager City Manager, Todd Hileman: N/A APPLICANT: H3K Design 501 South Palm Canyon Drive Palm Springs, CA 92264 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2787 2. Legal Notice 3. Architectural Review Commission Minutes dated September 22, 2020, January 12, 2021, and February 23, 2021 4. Notice of Exemption 5. Exhibits GAPlanning\Monica OReilly\Planning Commission\Staff Reports\2021\4-6-21\Kevin\PC Staff Report H3K.docx PLANNING COMMISSION RESOLUTION NO. 2787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO CONVERT THE FORMER OIL CHANGE BUILDING INTO A DESIGN SHOWROOM, INCLUDING A NEW 1,810-SQUARE-FOOT ADDITION FOR H3K DESIGN LOCATED AT 74180 HIGHWAY 111, AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO. PP 21-0003 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 H3K Design, LLC, for approval of the above-noted project request; and WHEREAS, according to the CEQA, the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the CEQA," Resolution No. 2019-41, in the Director of Community Development has determined that the proposed project is an Article 19 Class 32: Infill Development Projects Categorical Exemption for purposes of CEQA and no further review is necessary; and WHEREAS, the project maintains a land-use pattern that provides an attractive building design that will help update the 111 corridor; and WHEREAS, the project meets the intent and purpose of the Downtown District within the General Plan by providing retail development along and around major intersections such as Highway 111 that will serve the residents of the community; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: 1. The proposed project conforms to the Downtown Core Overlay District (DO)zoning by allowing a design showroom. 2. The project complies with the following development standards including setbacks, building height, lot coverage, and land use compatibility. The project does not comply with the parking standards for a retail use. As part of the Precise Plan, the Planning Commission may modify the development standards including parking, and staff is recommending a modification based on the nature of the business being a showroom and not a typical retail store. PLANNING COMMISSION RESOLUTION NO. 2787 3. The building as designed offers an upscale architectural design that reflects the Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve the Precise Plan, as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission 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: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIR ATTEST: ERIC CEJA, SECRETARY PALM DESERT PLANNING COMMISSION PLANNING COMMISSION RESOLUTION NO. 2787 CONDITIONS OF APPROVAL CASE NOS: PP 21-0003 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. The Precise Plan shall expire, if construction of the said project shall not commence within two years from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void, and of no effect whatsoever. 3. Any proposed changes to this Precise Plan will require an amendment to the application, which will result in a new public hearing. 4. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Department of Community Development. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to the approved project and all Palm Desert Municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Building & Safety Department Coachella Valley Water District (CVWD) Public Works Department Fire Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm Desert or its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. 8. All sidewalk plans shall be reviewed and approved by the Department of Public Works. PLANNING COMMISSION RESOLUTION NO. 2787 9. The applicant shall submit lighting plans in accordance with Palm Desert Municipal Code (PDMC) Section 24.16 for any landscape, architectural, street, or other lighting types within the project area. 10. The property shall be maintained in accordance with landscape maintenance requirements contained in the Palm Desert Municipal Code. 11. The applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. DEPARTMENT OF PUBLIC WORKS: Prior to issuance of a grading permit: 12. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil plans must be reviewed for approval prior to work commencing. 13. The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 14. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 15. The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 16. The applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of all off-site improvements. Improvements shall include, but are not limited to: A. The removal of a driveway on Cabrillo Way and the replacement of curb, gutter, and sidewalk. BUILDING AND SAFETY DEPARTMENT: 17. This project shall comply with the latest adopted edition of the following codes. A. 2019 California Building Code and its appendices and standards. B. 2019 California Plumbing Code and its appendices and standards. C. 2019 California Mechanical Code and its appendices and standards. D. 2019 California Electrical Code. E. 2019 California Energy Code. F. 2019 California Green Building Standards Code. G. 2019 California Administrative Code. H. 2019 California Fire Code and its appendices and standards. PLANNING COMMISSION RESOLUTION NO. 2787 18. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1351. 19. A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 2013 CBC Chapters 11A & B (as applicable) and Chapter 10. 20. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B- 206). 21. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 22. Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 23. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 24. All contractors and/or owner-builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 25. Address numerals shall comply with Palm Desert Ordinance No. 1351 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1351 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc. shall be shown on all architectural building elevations in detail.Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1351 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 26. Please contact Tameca Williams, Management Specialists II, at the Department of Building and Safety(760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 27. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes that are in force at the time of building plan submittal. 28. The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increase presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. PLANNING COMMISSION RESOLUTION NO. 2787 29. Fire Department emergency vehicle apparatus access road location and design shall be in accordance with the current California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 30. Fire Department water systems(s) for fire protection shall be in accordance with the current California Fire Code, City of Palm Desert, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. CITY O F P R I M D E S E R T 73-5 zo FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346—o6i i ■ info®cityofpalmdesert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 21-0003 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY H3K DESIGN FOR A 1,700-SQUARE-FOOT ADDTION TO CONVERT THE FORMER AUTO SERVICE FACILITY INTO A DESIGN SHOWROOM AT 74180 HIGHWAY 111; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), finds that the proposed project is exempt per Section 15301, Class 1 "Existing Facilities" of the CEQA and that a Notice of Exemption can be adopted as part of this project. Project Location/ Description: Project Location: 74180 Highway 111 Protect Description: The applicant is proposing to convert the former EZ Lube building into a design showroom. The project includes a new 1,700-square-foot addition. Recommendation: Staff is recommending that the Planning Commission adopt a resolution approving the proposed project, subject to conditions of approval. Public Hearing: The public hearing will be held before the Planning Commission on April 6, 2021, at 6:00 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.citvofpalmdesert.org/our-city/committees-and- commissions/planning-commission-information-center. Comment Period: The public comment period for this project is from March 26, 2021, to April 6, 2021. Public Review: The Precise Plan application is available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Mr. Kevin Swartz. 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: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN ERIC CEJA March 26, 2021 PLANNING COMMISSION SECRETARY ARCHITECTURAL REVIEW COMMISSION MINUTES September 22, 2020 V. CASES: A. Final Drawings: 1. CASE NO: MISC 20-0019 APPLICANT AND ADDRESS: H3K DESIGN, 501 S. Palm Canyon Drive, Palm Springs, CA 92264 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a request to convert the former EZ Lube building into a design showroom: H3K Design. LOCATION: 74180 Highway 111 ZONE: D.O. Mr. Kevin Swartz, Associate Planner, presented a proposal to convert the former EZ Lube building into a design/furniture showroom for H3K Design. The project includes the following; converting the bay garage doors to fixed and operable glass; re-painting the exterior (cream, light grey, and dark grey); removing the existing driveway along Cabrillo Avenue; modifying the parking area; a new 5-foot high decorative fence featuring pressed concrete breeze block; wrought iron; and new landscaping along the west and north property lines. Staff recommends approva of the proposed remodel, and a new 5-foot high decorative fence. The conversion from an automotive use to a design showroom will enhance the commercial corridor along Highway 111 as it transitions into the residential neighborhood. The Commission discussed the pedestrian access gate, modification of the sidewalk, location of the trash enclosure, parking requirements, and the air conditioning units. They recommended screening the air cond tioning units below the parapet. The Commission discussed the block wall and suggested a stacked bond block instead of the wrought iron, with good landscaping in front of it to soften it. They also suggested looking at something more upscale than wrought iron. A material that will be more appropriate for the level of design as shown for the overall project. The Commission discussed the front of the building on the south elevation and said the subtle two tone differences complement the building's design but as you move around to the west elevation it appears chopped up with many variables that take away from the building. They said a stacked bond block wall set back from the deco block panels with some manipulation and nice landscaping will create a G WlanningUanine JudMRC120201Minutesx200922min.docx Page 2 of 5 ARCHITECTURAL REVIEW COMMISSION MINUTES September 22, 2020 nice layering. They also suggested artfully ramping up the new block wall with artwork or metal designs on both sides of the wall. ACTION: Commissioner Vuksic moved to continue Case No. MISC 20-0019 subject to: 1) restudy the wall material and show more consistency; 2) choose a material more appropriate for the level of design; 3) restudy landscape choices; and 3) ensure that air conditioning units are below the parapet. Motion was seconded by Commissioner Levin and carried by a 5-0-2 vote, with Lambell, Levin, Schmid, Van Vliet, and Vuksic voting YES and McAuliffe and McIntosh absent. B. Preliminary Plans: 1. CASE NO: PP/CUP 20-0003 APPLICANT AND ADDRESS: CHANDI ENTERPRISES LLC, 42270 Spectrum Street, Indio, CA 92203 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a mixed-use project consisting of approximately 16,500 square feet of retail/office uses on the ground floor, and 60 residential units (1- 3 bedrooms) on the second and third floors; Chandi Mixed-Use Project. LOCATION: SEC Fred Waring Drive & San Pablo Avenue ZONE: D.E.: Mr. Kevin Swartz, Associate Planner, presented a proposal for a mixed- use three-story building located on the southeast corner of Fred Waring Drive and San Pablo Avenue. He reminded the Commission this came before them on July 14, 2020 and summarized the changes made by the applicant since that meeting. He recommended preliminary approval of the project and of the architectural design. If approved, the applicant may proceed to Planning Commission once all City departments have issued conditions of approval. The Commission reviewed the changes and discussed the size and texture of the stone surfaces, the window detail, the eyebrow canopy, the rooftop mechanical screen louvers, addition of ceiling height to the residential units, the areas identified for solar, the on-site storm water retention plan, changes to the parking structure with materials, color and texture, fire sprinklers and detector check risers. They asked about the north elevator access control for the public and residents and the applicant explained that the public will have access to the first and second floor but only the residents will have controls to the third and fourth floors. G:TlanningVanineJudV"C%2020\Minuies1200922min.docx Page 3 of 5 MINUTES ARCHITECTURAL REVIEW COMMISSION JANUARY 12, 2021 V. CASES A. FINAL DRAWINGS: 1. CASE NO: MISC 20-0019 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a request to convert the former EZ Lube building into a design showroom for H3K Design. APPLICANT AND ADDRESS: H3K Design, 501 South Palm Canyon Drive, Palm Springs, CA 92264 LOCATION: 74180 Highway 111 ZONE: DO Associate Planner Kevin Swartz presented the staff report and noted that this approval is for the perimeter wall. The addition to the project would return to the Architectural Review Commission for review and approval under a Precise Plan application. Commissioner Vuksic moved to, by Minute Motion, approve the wall design around the perimeter for Case No. MISC 20-0019. The motion was seconded by Commissioner Levin and carried by a 5-0 vote (AYES: Levin, McAuliffe, McIntosh, Van Vliet, and Vuksic; NOES: None; ABSENT: Lambell). 2. CASE NO: SARC 20-0006 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a request to modify a previously approved monument sign for Avenida located at 40445 Portola Avenue. APPLICANT AND ADDRESS: PC/APDG Palm Desert, LLC, 130 Newport Center Drive, Suite 220, Newport Beach, CA 92660 LOCATION: 40445 Portola Avenue ZONE: PR-5, SO Assistant Planner Nick Melloni presented the staff report. Commissioner McIntosh moved to, by Minute Motion, continue Case No. SARC 20- 0006, subject to the following: 1) Consider comments made by the Commission (Zoom meeting recording is available at https://www.cityofpalmdesert.org/our-city/committees-and- commissions/architectural-review-commission-information-center); 2) provide a perspective drawing showing both sides of the monument sign to see how it wraps around the corner; and 3) provide a solution for screening the utility of the raceway on the back wall. The motion was seconded by Commissioner Vuksic and carried by a 5-0 vote (AYES: Levin, McAuliffe, McIntosh, Van Vliet, and Vuksic; NOES: None; ABSENT: Lambell). 2 MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRAURY 23, 2021 B. PRELIMINARY PLANS 1. CASE NO: PP 21-0003 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a request to construct a 1,700-square-foot addition for a design showroom for H3K Design. APPLICANT AND ADDRESS: H3K Design, 501 S. Palm Canyon Drive, Palm Springs, CA 92264 LOCATION: 74180 Highway 111 ZONE: DO Commissioner McIntosh, excused himself at 1:57 p.m. for the remainder of the meeting due to a conflicting appointment. Associate Planner, Kevin Swartz, presented the item. Commissioner Levin inquired about access to the trash enclosure which was located next to a handicap accessible parking spot. In response, Kevin, with H3K stated Burrtec approved the layout of the space. Commissioner Vuksic inquired about ADA access to the trash enclosure and told the applicant they may need to adjust their layout to meet ADA requirements. Commissioner Vuksic observed the east side of the building was a blank wall and inquired about whether the lines translate to each other on all sides of the building. He encouraged the applicant to consider the line work on the east side building to tie it in to the other sides. Commissioner Vuksic asked that the details on the line work be included in the applicant's final construction documents. Commissioner Vuksic commented the parapets need to overlap a foot or more onto the existing building to prevent the end of a parapet being exposed and to have good interlocking between the buildings. Chair Van Vliet commented the new addition is only six inches higher than the existing building and feels it needs to be raised a foot or more above, to which Commissioner Vuksic agreed. Commissioner Vuksic stated the joints in the plaster need to be consistent around all three sides of the addition and there must be some type of design with plaster joints on the east fagade. Upon a motion by Commissioner Vuksic, seconded by Commissioner Levin, and a 5-0 vote of the Architectural Review Commission, Case No. PP 21-0003, is approved, subject to the following: 1) Consider comments made by the Commission; 2) Information for the line work on the east side of the building must be included in the final construction documents; 3) Parapet should overlap onto existing building; and 4) New addition needs to be a foot or more higher than the existing building. (AYES: Lambell, Levin, McAuliffe, Van Vliet, and Vuksic; NOES: None; ABSENT; McIntosh). 6 NOTICE OF EXEMPTION TO: Office of Planning and Research FROM: City of Palm Desert P. O. Box 3044, Room 212 Sacramento, CA 95812-3044 ❑ Clerk of the Board of Supervisors or ❑ County Clerk County of: 1. Project Title: PP 21-0003 2. Project Applicant: H31K Design 3. Project Location — Identify street address ; The project site is located on the corner of and cross streets or attach a map Highway 111, Cabrillo Drive, and Alessandro showing project site (preferably a USGS Drive. 15' or 7 1/2' topographical map identified by quadrangle name): 4. (a) Project Location — City: 74-180 Highway 111 (b) Project Location — County: Riverside County 5. Description of nature, purpose, and Approval of staff's recommendation will beneficiaries of Project: allow the applicant to convert the former oil change building into a design showroom for H3K Design. The project includes an interior and exterior remodel, and a new 1,810-square-foot addition that they will utilize as a showroom. 6. Name of Public Agency approving City of Palm Desert project: 7. Name of Person or Agency undertaking City of Palm Desert 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: 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 Notice of Exemption FORM`B" Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. The City of Palm Desert (City), in its capacity as State type and class the Lead Agency for this project under the number: CEQA, has determined that the proposed project request is categorically exempt under Class 32: In-fill Development Projects, of the CEQA. Because of the categorical exemption, no further environmental review is necessary. (e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 9. Reason why project was exempt: The existing building was already constructed and the addition is under 2,000 square feet, and the parcel is less than 5-acres. 10. Lead Agency Contact Person: Kevin Swartz, 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?T Yes T No 13. Was a public hearing held by the lead agency to consider the exemption?T Yes T No If yes, the date of the public hearing was: April 6, 2021 Signature: Date: Title: TSigned by Lead Agency TSigned 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. Notice of Exemption FORM`B" 74180 Highway 111 3/1/2021 Palm Desert, CA Mft �jyp ; ICI t+jl' r Il •- A IA nYNI D r tnNN12HINO2 k2HINO22 NENOAtl11ON NENOAV11ON E21(.'N In VI'N EnbNI2HIO EnbOAVIOO NENAtl1M O - bENOAtl1I DE21ON DE21ON � ��iEnuul>uiun> �Ln NUIJHINnJ 1 74180 Highway 111, Palm Desert, CA 3/1/2021 Goal Convert an existing automotive space to retail, particularly a furniture showroom. Overall Notes - Remove the bay access driveway on the East side of the building and move the existing parking on South side towards the middle of the property. - Construct an addition of about 1810 sq feet on the East side of the building. - Remove the driveway on Cabrillo and restore curb. - Enclose the West and North areas of the property with a landscaped wall. - Paint the exterior of the building. - Convert garage doors in bays to fixed and operable glass. 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'— —` "'""""""' • �' �`^"'"" "" ' • 39 Pink Muhly Grass Century Plant ` A WI AL la; r r: 1 q IT 1r l �e Barrel Cactus EOWOA iN A Ef1110AVL 11 ffENOAV110N HENOAV110N f'y � � DE21L'N � DE21C'N �K Queen Victoria Mexican Fence Post Cactus6*i ` - - _ EOIfN12HINC'2Ef11fN12HINC'2 IfENOAVLON ffE NOAV-LIOA MDE21C'N DE21C'N H3K Design,LLC cannot verify the accuracy or completeness of 3D Modeling.Concepts are subject to the limitations of the actual location in which they are constructecT '� �`^"'"" "" ' • �' �`^"'"" "" ' • Mexican Fence Post Cactus 40 Existing Palo Verde l l g9LL61(9CLn2 B91L6 C9CLn3 gsLwl Yr ' Y gaud Osc(nz '' gsLLsl Csc(nz g9LL61( EOIfN12HINC'2 Ef11fN12HINC'2 gE 2iew ON gENOAVIION DE21e'N OE21C'N EngN12HINC'2EngN12H1NC'2 IfEN OAVlI ON ffE NOAVlION DE21C'N DE21eN H3K Design,LLC cannot verify the accuracy or completeness of 3D Modeling.Concepts are subject to the limitations of the actual location in which they are constructed '�' �`^"'"" "" ' • �' �`^"'"" "" ' • 0 0 vno�ax rxoo�K voti««r�ro ze lr 8' wide gate pane d3 0 0 -TFM YFT wowx rim za� vm�w rim za K d3, d3, o ® ' I IV ' P4 O O— ► O O � e I o I o �6' linear deco block (60" high) ate panels 5 EDWOA iN A ED IfNRHINC'2 84' linear scored block (42" high) g pDE21°^"11oN �0E21�"eioN �.. EnIfN12HINC'2 lnIfN12HINC'2 IfEN OAVI'ON ffE NOAVIIOA 80 l i n,' DE21CN DE21CN H3K Design,LLC cannot verify the accuracy or completeness of 3D Modeling.Concepts are subject to the limitations of the actual location in which they are constructed '�' �`^"'"" "" ' • �' �`^"'"" "" ' • ALESSANDRO DRrWE sxw. �wu - s e � a i 25 ILA V-f suu�.nox� � w ins ZEEe_sc ti .SF '�bwF W!F1flir U�8�F[ z w iw1f so R �v 7 ExlSrua; .z RW R � In us .- 1 1• >R..�4 �P9 34`llp•_ 7 4� -rma ieo-�n.xspc- s t PAH'J!'IIEQ-$]IE21S '.IEy7 +-'0—'.3'PAlI71lL3E x 4 [ oars J , nrm rtvxas .is �y i 4 4iIL w YE U � z PRCV0SED ADDITION o MW L'lIXttAY p sr� StTE PLAN HWY111 A1 .0 STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: April 6, 2021 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: 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 adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt: 1. Planning Commission Resolution No. 2788, recommending to the City Council approval of Zoning Ordinance Amendment 20-0002 to create Section 25.28.045 San Pablo Overlay District in its entirety. 2. Planning Commission Resolution No. 2789, recommending to the City Council approval of Zoning Ordinance Amendment 20-0002 to apply the San Pablo Overlay District to parcels of land identified in Exhibit A of the resolution. 3. Adopt a Notice of Exemption in accordance with CEQA. 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. April 6, 2021 — Planning Commission Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 2 of 4 Based on support and direction from the subcommittee, as well as input from local businesses, staff has initiated a Zoning Ordinance Amendment (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 below. Figure 1-Properties Subject to the SPOD - - MAGNESIA FALLS DR • - - MAGNESIA FALLS OR � - - - LU zWV '�i ► G NV 71 rsl FRED WARfNG DR. r f r LU a LU LJ MJ LU Y t T� 2 • ` ,! Cz 17 .. 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, decor, 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 ban. April 6, 2021 — Planning Commission Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 3 of 4 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 decor and exterior architecture are distinctive from other locations. • 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 San Pablo Avenue. 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.Tthere are two chain businesses: • 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 Friday, March 26, 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 District will not have an impact on the environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. April 6, 2021 — Planning Commission Staff Report Case No. ZOA 20-0002 San Pablo Overlay District Page 4 of 4 Findings of Approval Findings can be made in support of the amendment and in accordance with the City's Municipal Code. Findings in support of this project are contained in the draft Planning Commission Resolution Nos. 2788 and 2789, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL ASSISTANT CITY REVIEW MANAGER N/A />�a N/A N/A Robert W. Hargreaves (J Janet Moore Andy Firestine City Attorney Eric Ceja, Deputy Director Director of Finance Assistant City Manager of Development Services City Manager, Todd Hileman: N/A ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2788 2. Draft Planning Commission Resolution No. 2789 3. Public Hearing Notice 4. CEQA Notice of Exemption 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. 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 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: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIR ATTEST: ERIC CEJA, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2788 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 741E5 Iff4GNES14lF.Rf iSDR W F_ r zC� a a a v ❑ m 4 y �4WMND 4 } m� 11111111111111111 Jill III 11111TUD TM F7TM INC � LJJ -1�� 3 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 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, 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 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. 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 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 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. 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 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 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: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIR ATTEST: ERIC CEJA, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2789 EXHIBIT "A" L —`-- — J4}AGNF5fA TAZI A AU fSM.FALLSDR w 9 d w Ix w O MCI ..r x i I I RAH l { I I LIII I I I IFFFTH ijui i ji , ii , ii �,, , B EEH I — G HII Jj ru _ {Ity of Palm 6dsun PLAIVNING CO4 UMSION Case No_ ZOO► 0-0002 RL-SOLUT;ONNO.1719 ti Gate;4J I2 21 3 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 20-0002 NOTICE OF INTENT OF THE PALM DESERT PLANNING COMMISSION TO CONSIDER APPROVING A RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL 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 Community Development 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 Planning Commission adopt a resolution supporting the changes to the Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on April 6, 2021, at 6:00 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.cityofpaImdesert.org/our-city/committees- and-commissions/planning-commission-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 March 26, 2021, to April 6, 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, Assistant 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 ERIC CEJA MARCH 26, 2021 PLANNING COMMISSION SECRETARY NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: Zoning Ordinance Amendment to establish a"San Pablo Overlay District"and apply said overlay district to Housing Authority properties and properties along San Pablo Avenue between Magnesia Falls Drive and Highway I I I in the City of Palm Desert. 2. Project Applicant: City of Palm Desert 3. Project Location—Identify street address and Citywide Zoning Ordinance Amendment cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 4. (a)Project Location—City:Palm Desert (b) Project Location—County:Riverside 5. Description of nature,purpose,and beneficiaries ; The City of Palm Desert wishes to establish an overlay of Project: district to prohibit chain businesses along San Pablo Avenue between Magnesia Falls Drive and Highway I I I in the City of Palm Desert. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the City of Palm Desert 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: 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. CEQA Guidelines Section 15061(b)(3)that CEQA only State type and section applies to projects that have the potential for causing a number: 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: (g) ❑ Other. Explanation: Notice of Exemption FORM`B" 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,Assistant 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: July 12,2018 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. Notice of Exemption FORM`B"