The URL can be used to link to this page

Home My WebLink AboutZOA 20-0002 San Pablo OverlayI I T Y A F PRIM OESERI 73-510 FREI) WARIN(i DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i i info (a)cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION April 7, 2021 City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Subject: Recommendation to the City Council to add a San Pablo Overlay District to the Palm Desert Municipal Code The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of April 6, 2021: Waived further reading and adopted Planning Commission Resolution Nos. 2788 and 2789, recommending to the City Council approval of Case No. ZOA 20-0002 and adopted a Notice of Exemption. The motion carried by a 4-0 vote with Commissioner Gregory ABSENT. Enclosed for your records is a fully executed copy of Resolution Nos. 2788 and 2789. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within 15 days of the date of the decision. Sincerely, ERIC CEJ , SECRETARY PALM DESERT PLANNING COMMISSION cc: File Building & Safety Department Public Works Department Fire Marshal i♦ PxixlfU ON Pf (Y(EEU PPP[x 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 61h 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 6th day of April 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: ERIC CEJA, SEORf TARY PALM DESERT PLANNING COMMISSION 1 PLANNING COMMISSION RESOLUTION NO. 2788 1 1 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 (■11/111/ 11WA IN 111■1111111■� r•1 �111111 11 ■ 11�(1■��■■■■■■■■ 1/11111111111111111 11111■1111111111 i ■ 1�1111��■ 111111111111111111 11111111111111111� �■ ■■ i 'C 111/11111111111111111 11111111111111111� _ . ::■�'�� ■,� �- 11111111111111 11111111111111111� � �'�� ■11: ::�� 111111111111111111111 11111111111111111� ...� 1 - ■11111■111111111■111 111111111111111W / mill[",�„� .. ■ 111��111■■�11�■■111111111111 11 11111 ' �•�i� �� ■ice ■ ,�� — —o ■11■■11■ ■11111111��11� ■ r � � � � ■ 11111��1lr� ■■■ 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. 1 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 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 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 611 day of April 2021, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE JC"EENW-ZVD,--CRAtRt ATTEST: ERIC CE A, SECRETARY PALM DESERT PLANNING COMMISSION 11 1 PLANNING COMMISSION RESOLUTION NO. 2789 EXHIBIT "A" ■ ii i� tip ■■o■ EWPNr,F*.Odi � • � _ 111 1 MIN 11 11111 N1 Hill no NJ 11 1111 111 iill�l�fl �1111�� i � •; t iflfffill if11 1 Ilfitlli if11 _ ■� f flf III��II�NIII II fin1 IIIIiMfllifiiii Ifl tif■fiolM -� ■ �� 1 ■�i11� i111 1 11� � 11� �, •`, ,- +Iris► ,,,, /;,► I,= s� . , �►I''� �,�• ��+ ��i��i, 1� vit►� � ■ � � � � � fib �i �� ■11��1I� ilk 1 ■1!1 ■' � � � • • Iliit�� 1� #■ CRy of Palm besart aaa— Case No. ZOA 20-0002 PLANNING COMMISSION RESOLUTION NO. �789 _ Date. 41612021 3