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HomeMy WebLinkAboutOrd 1347 - ZOA 19-0001 - Xpnd Downtown Core Overlay DistSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: March 28, 2019 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration to recommend approval of a Zoning Ordinance Amendment to the City Council amending the City's Zoning Map to expand the Downtown Core Overlay District to select parcels located along El Paseo and Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act, Case No. ZOA 19-0001. Recommendation Waive further reading and adopt City Council Ordinance No. 1347 , approving Zoning Ordinance Amendment 19-0001 to apply the Downtown Core Overlay zoning district to parcels identified in Exhibit A of the ordinance; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Planninq Commission Recommendation At its meeting of March 5, 2019, the Planning Commission considered the Zoning Ordinance Amendment to expand the Downtown Core Overlay zoning districts along Highway 111 and El Paseo. The Planning Commission voted 4-0 (Chair Gregory absent) in recommending approval of the expansion to the City Council. At the public hearing two El Paseo property owners spoke in favor of the expansion. Strateqic Plan Obiective The expansion of the Downtown Core Overlay, and the greater development potential it creates, contributes to the following Strategic Plan Priorities: Economic Development., Priority 1 — Expand job and business creation opportunities. Land Use, Housing & Open Space: Priority 4: Create a mixed -use city core integrating shopping, dining, lodging and housing. Priority 5: Utilize progressive land use policies and standards to support ongoing and future needs. March 28, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 2 of 3 Backqround Analvsis In November 2017, the City Council adopted an update to the City's General Plan to guide the vision and policymaking decisions for the next few decades. As part of that update, the City Council adopted the One Eleven Development Code and subsequently, in June 2018, a comprehensive Zoning Ordinance and Zoning Map to be consistent with the land uses identified in the General Plan. As part of these actions, a "Downtown District" was identified for the area generally bounded by Alessandro Drive to the north, Shadow Mountain Drive to the south, Deep Canyon Drive to the east, and Monterey Avenue to the west; inclusive of properties along Highway 111 and El Paseo. The Downtown Core Overlay (D-O) has been applied to parcels located at most signalized intersections along the Highway 111 and El Paseo corridors. Since the time of adoption, City staff has continuously reviewed the Zoning Ordinance and Zoning Map for appropriateness and consistency with the General Plan. As such, staff has prepared a Zoning Map update to expand the D-O to additional parcels at signalized intersections and parcels that are adjoining existing D-O zoned parcels. Proiect Description The proposed amendment to the Zoning Map expands the City's D-O zoning district to specific parcels located within the Downtown District. Parcels identified by staff for the expansion are either: • Located at a signalized intersection along Highway 111 or El Paseo. • Contiguous to existing D-O parcels. With the exception of the post office site at the southeast corner of Portola Avenue and El Paseo, the parcels identified for the expansion of the D-O are all currently zoned "Downtown (D)". The D-O differs in from the D zoning district in that: It allows the potential for a four- and five -story building. Prohibits ground floor residential uses. Staff has initiated this amendment per Municipal Code section 25.02.040(B)(3) as it will better implement the General Plan goals and objectives. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the expansion of the D-O Zone 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. G\PIanning\Eric Ceja\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Staff Report (ZOA).doc March 28, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 3 of 3 Findinqs 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 City Council Ordinance No. 1347 , attached to this staff report. LEGAL REVIEW N/A Robert W. Hargreaves City Attorney DEPT. REVIEW Ryan Stendell Director of Community Development FINANCIAL REVIEW N/A Janet Moore Director of Finance CITY MANAGER Lauri Aylaian City Manager ATTACHMENTS: 1. Draft City Council Ordinance No. 1347 2. Planning Commission Resolution No. 2756 3. City Council Public Hearing Notice 4. Notice of Exemption 5. Exhibit A — Downtown Core Overlay Zone Expansion Map G.\Planning\Enc Cela\Case Fi1es\Z0A\Z0A 19-0001 Downtown Core Exp\CC\CC Staff Report (ZOA).doc ORDINANCE NO. 1347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A ZONING ORDINANCE AMENDMENT EXPANDING THE DOWNTOWN CORE OVERLAY DISTRICT TO SELECT PARCELS LOCATED ALONG EL PASEO AND HIGHWAY 111 CASE NO: ZOA 19-0001 WHEREAS, on the 101h day of November 2017, the City Council adopted Ordinance 1313 establishing the One Eleven Development Code and creating four distinct zoning districts for "downtown" developments and applied the zoning designations to parcels along the Highway 111 and El Paseo corridors; and WHEREAS, the Title 25 of the Palm Desert Municipal Code authorizes the Director of Community Development to initiate amendments to the zoning ordinance if it better implements the General Plan's goals and policies; and WHEREAS, expanding the Downtown Core Overlay Zone to the parcels identified in Exhibit A of this ordinance, better implements the General Plan by capturing the four corners of intersections and prohibits ground -floor residential at the intersections which helps ensure better pedestrian and commercial activity; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, 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. 2756, recommending that the City Council adopt the ZOA; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the amendments to the Zoning Map are consistent with the General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did make the following findings in support of the Zoning Ordinance Amendment: The expansion of the Downtown Core Overlay Zone is reasonably related to the public health, safety, and welfare because it provides the framework, design objectives and implementation techniques for future development near and around the intersections of Highway 111 and El Paseo. 2. The expansion of the Downtown Core Overlay Zone is consistent with the General Plan and its objectives, policies, land uses, and programs. 3. The expansion of the Downtown Core Overlay Zone furthers the objectives and policies of the General Plan Update and does not obstruct its attainment. ORDINANCE NO. 1347 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 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. SECTION 2. Adoption of the Zoninq Ordinance Amendment expands the Downtown Core Overlav Zone to parcels identified in Exhibit "A" attached to this Ordinance. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 2811 day of March, 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Ord.doc � ..�II111111111111111 �■■■■ 1 NINE 11■ �I ■111111111 1■11����� monsoon 11111111 11111 Ii11111 11l11 1111■■I#1111!!l11: ■1�1�11 �11 NINON 111/1 1l111 i1 11111 ■NINN. !l11111i111i111i111 1111l111111!!!11 �� 111l11l11lI 1 1111� 11�! 111�1 w � � � �� � ,� 1111111i111111111. 1r11 1!!1!!!l11111rl1! 11r :: 7 NINON ? �I 11i11 IIi1 11■ 11111 �■ ■ �■ �"��� 11 11 Illllil� � �� � ■ 11 1111 11 � ,r �■ �1�1111 soil ry 611 1A "J.-Mm one MEN �� .. JOSH .li T. IR.T �_FJOI "TN o IT Ij+ I IT, 161's AMC I R.T A_ NI I.R ✓1T ju p. 1 ��NNYCN.T Iromm STI L j l l e Proposed jig FeNwou.:r---�I.a4"00 IT IlmNw000 ITh Zoning Change _.lIDMMMGN LN 'M ru D TO 1 , D-o City of Palm Desert Case No. ZOA 19-0001 CITY COUNCIL CHANGE OF ZONE ORDINANCE NO. 1347 Py Cr R � EXHIBIT A Date. March 28, 2019 PLANNING COMMISSION RESOLUTION NO.2756 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO EXPAND THE DOWNTOWN CORE OVERLAY DISTRICT TO SELECT PARCELS LOCATED ALONG HIGHWAY 111 AND EL PASEO; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, Calif omia, did on the 5'h day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the changes to the City's Zoning Map are consistent with the adopted General Plan as all parcels identified for the Downtown Core Overlay expansion are located within the Downtown District of the General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment and changes to the City's Zoning Map to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances and zoning maps to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance and Zoning Map bring the documents into conformity with the adopted General Plan. SECTION 2. Zoning Ordinance 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 amendments to the City's Zoning Map to expand the Downtown Core Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Zoning Map 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 changes to the City's Zoning Map which updated land use designations to certain properties to make them consistent with land use designations approved in the General Plan which is attached hereto and incorporated herewith as Exhibit A. PLANNING COMM16SiON RESOLUTION NO. 2756 SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 5. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Map have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of the Downtown Core Overlay Zone will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. 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 19-0001. J PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5"' day of March 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: 1��� RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION I woo LIIZOSAY HOLT, VKL'E-CHAIR 2 CITY Uf PH[M_-0[SIRI 73--S10 I-RrD WARISG DRIVI PALM DrsERr, CAInuRNIA 9226o-2578 Trr:76o 346--o6ji F•AX:76o 341-7098 ,doWpu1 dock o g CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 19-0001 NOTICE OF INTENT OF THE PALM DESERT CITY COUNCIL TO ADOPT A NOTICE OF A EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: AND A APPROVAL OF A ZONING ORDINANCE AMENDMENT TO EXPAND THE DOWNTOWN CORE OVERLAY DISTRICT TO SELECT PARCELS LOCATED ALONG EL PASEO AND HIGHWAY 111 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 expand 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. Project Location: Select parcels located along Highway 111 and El Paseo including: APNs: 627-192-014, 627-192- 034, 627-192-035, 627-192-036, 627-231-002, 627-231-018, 627-232-009, 627-192-037, 627- 201-021, 627-192-024, 627-120-015, 627-212-005, 627-212-006, 627-262-012. 672-262-004, 627-212-016, 627-221-004, 627-271-015, 627-271-006, 627-272-005, 627-222-055, 627-222- 044, 625-111-024, 625-111-020, and 625-131-007. Code Amendment Description: The Downtown Core Overlay (D-O) zone is characterized by mixed -use buildings up -to four - stories in height with residential uses prohibited on the ground floor. The D-O zone is applied to properties located at or near major intersections with the Downtown District. The D-O zone differs from other downtown zoning districts in that the zone allows development of up to four stories in height, prohibits ground floor residential units, and allows for greater development intensities through zero -lot -line setbacks and a Floor Area Ratio of 2.5. Planning Commission Recommendation: The City of Palm Desert Planning Commission reviewed Case No. ZOA 19-0001 at their meeting of March 5, 2019, and voted 4-0 (Commissioner Gregory absent) to recommend approval of the ordinance amendment to the City Council. Recommendation: Staff is recommending that the City Council adopt an Ordinance amending the City's Zoning Map to expand the Downtown Core Overlay zoning district. Public Hearing: The public hearing will be held before the City Council on March 28, 2019, at 4:00 pm. 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 16, 2019 to March 28, 2019. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. 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 City Council hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK March 16, 2019 CITY OF PALM DESERT, CALIFORNIA NOTICE OF EXEMPTION TO: ❑ Office of Planning and Research P. O. Box 3044, Room 113 _ Sacramento, CA 95812-3044 ® Clerk of the Board of Supervisors or County Clerk County of:_ Riverside 2. 3. 4 5 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 2724 Gateway Dr. Riverside, CA 92507 Project Title: Zoning Ordinance Amendment to expand the Downtown Core Overlay District to selected parcels along Highway 1 11 and El Pasco. Project Applicant: City of Palm Desert Project Location — Identify street address and Citywide 'Zoning Ordinance Amendment applied to: cross streets or attach a map showing project site APNs: 627-192-014, 627-192-034, 627-192-035, 627- (preferably a USGS 15' or 7 1/2' topographical 192-036, 627-231-002, 627-231-018, 627-232-009, map identified by quadrangle name): : 627-192-037 627-201-021 627-192-024 627-120- 015, 627-212-005, 627-212-006, 627-262-012, 672- 262-004, 627-212-016, 627-221-004, 627-271-015, 627-271-006, 627-272-005, 627-222-055, 627-222- 044, 625-111-024, 625-111-020, and 625-131-007. (a) Project Location —City: Palm Desert (b) Project Location — County: Riverside Description of nature, purpose, and beneficiaries of Project: 6. Name of Public Agency approving project: 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. (c) ❑ Emergency Project. The City of Palm Desert adopted the One Eleven Development Code in 2017 to be consistent with the City's General Plan. The code created four "downtown" zoning districts that were applied to parcels along the Highway 11 1 and El Pasco corridors. The expansion of the "Downtown Core Overlay" to select parcels along the corridors is consistent with the Development Code and the General Plan. City of Palm Desert City of Palm Desert (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) j (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) CEQA Guidelines Section 15061(b)(3) that CEQA only (d) ® Categorical Exemption. Q Q y State type and section number: ' applies to projects that have the potential for causing a significant effect on the environment. Notice of Exemption FORM "B" (e) ❑ Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (t) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: - - - - 9. Reason why project was exempt: Project is consistent with the City's general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. 10. Lead Agency Contact Person: Eric Ceja, Principal Planner Telephone: (760) 346-061 1 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: March 5, 2019 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"