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HomeMy WebLinkAboutOrd 1348 - ZOA 19-0002 - Allow Professional Office-Type UsesOrdinance No. 1348 STAFF REPORT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: March 28, 2019 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to approve a Zoning Ordinance Amendment amending the El Paseo Overlay District and the Downtown District to allow professional office type uses on the ground floor fronting El Paseo in certain locations; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act Recommendation By Minute Motion: 1. Approve a Zoning Ordinance Amendment (ZOA) to Section 25.28.040 El Paseo Overlay District (EPOD) and Section 25.18.040 Downtown District (DD), allowing professional office type uses on the ground floor fronting El Paseo in certain locations based on the criteria identified within the Analysis section and; 2. Adopt a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Planning Commission Action At its regular meeting of March 5, 2019, the Planning Commission discussed the proposed ZOA. The Planning Commission had a brief conversation and ultimately recommended approval of the proposed ZOA with a 4-0 vote with Chair Gregory absent. The Planning Commission supported the criteria identified by staff, and stated that professional office uses may be compatible in the El Paseo district. Furthermore, the Planning Commission supported the Conditional Use Permit (CUP) process for allowing professional office uses along El Paseo. El Paseo Merchants Association Action On January 17, 2019, the El Paseo Merchants Association (EPMA) held a meeting to discuss and make recommendations to the City Council regarding allowing office uses on the ground floor fronting El Paseo. The EPMA had a lengthy discussion regarding office uses and generally supporting them throughout the one -mile corridor from Highway 74 to Portola Avenue in certain locations, subject to a CUP. March 28, 2019 — CC Staff Report El Paseo ZOA Office Uses Page 2 of 6 The EPMA recommended the following: • Allow office uses throughout the one -mile corridor (Highway 74 to Portola Avenue). • Prohibit office uses located on corner lots. • Prohibit office uses located directly adjacent to one another. • Allow no more than 10% to 20% of ground floor office frontage within each block. • Allow professional office uses only (no banks or medical). • Make all office uses subject to a CUP. Strateqic Plan Obiectives Allowing professional office uses on the ground floor along El Paseo will add another use to the street to help fill the vacant storefronts and add year-round employees to the street to dine and shop as identified in the City's Strategic Plan including: • Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining, lodging, and housing. " • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle. " • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles. " • Transportation — Priority 3: "De-emphasize single/low-occupancy vehicles and optimize modes of travel (bus, carpool, golf -cart, bicycle and pedestrian)." Executive Summary Approval of staff's recommendation will approve a ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office uses, percentage of building frontage, and approval of a CUP. The requirements are identified in the Analysis section of this staff report. In order to approve the ZOA, Section 25.28.040 EPOD and Section 25.18.040 DD must be modified. Backqround On November 15, 2018, the City Council directed staff to develop a ZOA to Section 25.28.040 EPOD and Section 25.18.040 DD defining where professional office type uses may be allowed along El Paseo. The City Council also directed staff to contact Gibbs Planning Group to discuss this topic. In December 2018, staff contacted Gibbs Planning Group and Mr. Gibbs recommended that, based on the adopted El Paseo Master Plan Alternatives, mixing small amounts of professional office uses along the one -mile corridor of El Paseo would benefit the street. Office uses could fill the gaps of vacant storefronts and could provide the street with professionals and business clients during daytime hours who could dine (lunch and happy hour) and shop. He also cautioned against oversaturating the street with office uses since they will take away from the G \PlanningWevin Swartz\Word\EI Paseo\CC staff report El Paseo office uses uocx March 28, 2019 — CC Staff Report El Paseo ZOA Office Uses Page 3 of 6 City's ultimate goal of a high -end pedestrian -oriented -street with retail and restaurants as the main attraction. Below are his recommendations. • Allow office uses throughout the one -mile corridor (Highway 74 to Portola Avenue). • Prohibit no office uses located on corner lots. • Prohibit no office uses located directly adjacent to one another. • Allow no more than 10% to 15% of ground floor office frontage within each block. • Allow professional office uses only (no banks or medical). If the City is to allow some form of office use on the ground floor fronting El Paseo, the following sections of the Palm Desert Municipal Code (PDMC) would require an amendment: 1. Section 25.28.040 El Paseo Overlay District: "El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of new uses, which may occupy El Paseo street -level commercial frontage constructed after July 1, 1987." The EPOD only allows retail/personal service uses and does not allow office uses unless the buildings were built prior to 1987. 2. Downtown District Section 25.18.040 Land Use and Permit Requirements: El Paseo is zoned Downtown (D) and Downtown Core Overlay (D-O) within the Downtown District Code. Under the use matrix, office uses are prohibited along El Paseo facing ground floor frontages. Discussion The City's overall goal is to focus on El Paseo as a whole and to create a city center/downtown that provides high intensity mixed -use developments anchored by civic, cultural, entertainment, retail, and dining activity along walkable streetscapes. The one -mile corridor of El Paseo between Highway 74 and Portola Avenue consists of seven blocks. Staff conducted a field survey and identified 12 existing office uses fronting El Paseo throughout the one -mile corridor. Below is a breakdown showing the type of office uses within each block (north and south sides). • Block 1 — Highway 74 to Ocotillo Drive o North — 0 office uses o South — 0 office uses G \Planning\Kevin Swartz\Word\EI Paseo\CC staff report El Paseo office uses.docx March 28, 2019 — CC Staff Report El Paseo ZOA Office Uses Page 4 of 6 • Block 2 — Ocotillo Drive to Sage Lane o North — 3 office uses (Dentist, plastic surgery, and travel agency) o South — 0 office uses • Block 3 — Sage Lane to Lupine Lane o North — 2 office uses (Real estate and insurance company) o South - 0 office uses • Block 4 — Lupine Lane to San Pablo Avenue o North —0 office uses o South — 0 office uses • Block 5 — San Pablo Avenue to Larkspur Lane c North — 0 office uses o South — 0 office uses • Block 6 — Larkspur Lane to San Luis Rey Avenue o North — 1 office use (Real estate) o South — 2 office uses (Real estate and bank) • Block 7 — San Luis Rey Avenue to Portola Avenue o North — 2 office uses (Real estate and bank) o South — 2 office uses (Wealth advisor and real estate) El Paseo currently has a low volume of office uses (12). Staff and Mr. Gibbs have concluded that the street could support a limited increase of office uses on the ground floor fronting El Paseo in certain locations. Analysis Staff is mindful of the City's overall goal for El Paseo to remain a high -end, luxury pedestrian - friendly street and understands the need to allow a small amount of storefront office uses without saturating the street. City staff has analyzed ways to allow office uses throughout the one -mile corridor (capping percentages of building square -footage and linear building frontage, and creating a separation requirement), what type of office uses would be compatible fronting El Paseo, and where the appropriate locations should be. Staff is recommending the following: • No office uses allowed on corner lots. This will preserve El Paseo's intersections, and allow vibrant businesses that engage and interact with the street, such as restaurants and mixed -use developments. No office uses allowed to abut/neighbor one another. This will help preserve breaks between retail/restaurant businesses and office uses along the street. City staff does not want to create a section of a block that has a large amount of office frontage. G \Planning\Kevin Swartz\WorME1 Paseo\CC staff report El Paseo office uses docx March 28, 2019 — CC Staff Report El Paseo ZOA Office Uses Page 5 of 6 • Allow professional offices that will engage the street. o Professional offices (e.g. accounting, investment firms (i.e. Charles Schwab), and attorneys). o Offices engaged in the production of intellectual uses (e.g. advertising, architectural, photography, and travel agency). o Prohibited uses include and are not limited to medical offices, financial institutions (banks), utility companies, or quasi -government uses. • Require a CUP. This would allow staff and the Planning Commission to review office uses on the type of office use, locations, land use compatibility, and parking. Staff believes that the CUP process provides for an excellent tool in regulating the amount of office use. • Prohibit office uses that occupy more than 15% of total linear building frontage within each block (north and south sides). Staff is proposing 15% based on the EPMA and discussions with Mr. Gibbs. Capping the percentages will help preserve the intent of El Paseo by having more retail/restaurant uses. In order to achieve and implement the recommendations, the following PDMC Sections must be modified. Below are the sections and the amended language is in bold font. 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented use, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Conditional uses. The Planning Commission may, by CUP, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013.) 1. The type of office professional uses that may be allowed. a. Professional offices (e.g. accounting, attorneys, and investment firms). b. Offices engaged in the production of intellectual uses (e.g. advertising, architectural, photography, and travel agency). c. Prohibited uses include, but are not limited to, medical offices, financial institutions, utility companies, or quasi -government uses. G \Plannmg\Kevin Swartz\Word\EI Paseo\CC staff report El Paseo office uses docx March 28, 2019 — CC Staff Report El Paseo ZOA Office Uses Page 6 of 6 2. Outdoor storage of materials is prohibited. 3. Office uses shall not be located on corner lots. 4. Office uses shall not abut/neighbor one another. 5. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Approval of the staff recommendation would add the following language to Footnote 1, "Office professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." Fiscal Analvsis: There is no fiscal impact related to staffs recommendation. 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 staff has prepared a Notice of Exemption, which is attached as part of this report and filing is in accordance with CEQA Guidelines. AE REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER C Ryan Stendell Robert W. Hargreaves Director of Janet Moore Lauri Aylaian City Attorney Community Director of Finance City Manager Development ATTACHMENTS: 1. Draft ZOA Ordinance No. 1348 2. Notice of Exemption 3. Legal Notice 4. Draft Amendments to Sections 25.28.040 and 25.18.040 G Tianning%ewn Swaru WorMEJ Paseo= staff report El Paseo office uses docx ORDINANCE NO. 1.348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO IN CERTAIN LOCATIONS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO; ZOA 19-0002 WHEREAS, the City Council of the City of Palm Desert, California, did on the 2W, day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and approved the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval to the City Council of the above noted; and WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California, did on the 171h day of January 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval of the above noted; and WHEREAS, establishing an Ordinance to allow office professional type uses on the ground floor fronting EI Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The Zoning Ordinance Amendment (ZOA) provides criteria on where office uses will be permitted, the type of office uses, and requires the approval of a Conditional Use Permit (CUP); and WHEREAS, the City Council of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in approval of the Zoning Ordinance Amendment - SECTION 1. Findings. The City Council 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 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 bring the documents into conformity with the adopted General Plan. ORDINANCE NO. 1348 SECTION 2. Zoning Ordinance Amendment. The City Council of the City of Palm Desert approves and adopts the amendments shown in Exhibit "A" and Exhibit "B" which is attached hereto and incorporated herewith. That 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 effect thirty (30) days after its adoption. SECTION 3. 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 porti¢t36>.of this ordinance or any part thereof. The Planning Commission hereby declares tha�ii<would have passed each section, subsection, subdivision, paragraph, sentence,, Ouse, or phrase, thereof irrespective of the fact that any one (1) or more subset bn"6" <"' bdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutioff , or ini alidl,.or ineffective. SECTION 4. California Environmental .-Quality Act Finding. Thp..,City Council of the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and considered and it has determined that any environmental ::impacts associated with the changes have been sufficiently reviewed by the''EhvironM, d al Impact Report prepared as part of the General Plan Update, and the expansion`of;'Idwing office uses will not have a direct physical impact to the environment and th iiIJ future development within the Downtown District will be reviewed in`066'60ance with Ciw{ A. PASSED, APPROVED, AND AQOPTED'-t the City<t-fluncil of the City of Palm Desert, California, at its .:regular meeting_ ,_held. on 'tse'`2811 day of March 2019, by the following vote, to wit: ,�f USAN MARIE WEBER, MAYOR 0 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G-Tlann+nglKevin SwartzlWordhEl Paseo%CC ZDA Ord Office Uses-doc ORDINANCE NO. 1348 Exhibit "A" 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of uses, which may occupy EI Paseo ground floor commercial- frontage. B. Permitted uses. The following retail/personal servjd,6 uses shall be liberally construed to be permitted uses within the El Pasep pede's Tian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques -i i eluding small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops>.; - 8. Luggage shops. 9. Personal carelproduc i,. ii- ps.. and si iij s (including barbering and cosmetology). 10. Restaurants. 11. Sundries shops (general rrf&chand se}:' C. Conditional us s. The Planning Coi-It ission may, by a Conditional Use Permit, approve office -profess io nAluses Iodated on the ground floor fronting El Paseo between Highway 74 an#I.Pbjjola Aven'40. if they are determined to be compatible with the intent Od purpQ a of,r ii ,p apter. (Ord. 1324 7, 2017; Ord. 1277 § 5, 2014;-rd.:1259 1 The`type of office professional uses that may be allowed. A. Professional offices (e.g. accounting, attorneys, and investment firms). B. Offices engaged in the production of intellectual uses (e.g. advertising, architectiil, photography, and travel agency). C; Prohibiter>i#ses include, but are not limited to, medical offices, financial <' 'institutip� utility companies, or quasi -government uses. 2. Outdo f 5iorage of materials is prohibited. 3. Office uses shall not be located on corner lots. 4. Office uses shall not abut/neighbor one another. 5. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. G kPlannmQW,evin SwarL?kW0rd%E1 Paseo= ZOA Ord Office Uses. doc 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes orooerties between Hiahwav 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of Rew—uses which may occupy El Paseo around floors}r�'^ l commercial frontage. oanel/,dm. aNN 1vIy 1, 15-1-7. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and services {including barbering and cosmetology). 10. Restaurants. 11. Sundries shops (general merchandise). C. Conditional uses. The Planning Commission may, by conditional use permit, approve office professional uses located on the around floor fronting El Paseo between Hiahwav 74 and Portola Avenue nO liot©d nM(a if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013) 1. The tvoe of office professional uses that may be allowed. 1 Formatted: Font: Not Bold a. Professional offices fe.a. accounting. attornevs. and investment firms). b. Offices enaaeed in the oroduction of intellectual fe.a. advertisina. architectural. ❑hotooraohv. and travel aoencv). c. Prohibited uses include and are not limited to medical offices. financial institution& utility companies. or ouasi-government uses. d. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not ahutlneiahbor one another. 4. Office uses shall not occuov more than 15% of total linear buildina frontaae within each block (north and south sides). Der the exhibit on file with the DeDartment of Communitv Develooment/Plannin❑ Division- , Formatted: List Paragraph, Indent: Left: 0.69" Formatted: Font: (Default) Anal, 12 pt Font color. Black Formatted: List Paragraph, Indent: First line: 0.1", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 033" + Indent at: 0-58" ORDINANCE NO. 1348 Exhibit "6" 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) change Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage" to, "Office professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." G: 1P I anning%Kevm SwartzWordlEI PaseoLCC ZOA Ord Office Uses. doc LAND USE AND PERMIT REQUIREMENTS TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS (CONTINUED) Land Use Zone DE Rk-(� . Special Use Provisions Accessory massage establishments P P P N 25,34.160 Ancillary commercial N N A N 25 16.040.E Art gallery P P P A Art studio P' P A A Book and card shops P P N N Bed and Breakfast N N C C Clothing and apparel shops P P P N Convention and visitors bureau P 7 P C N Drugstore P' P' N N Financial institution P' P' C N Furniture stores and home furnishings P P p- N Gift and accessories boutiques (inlcuding small antiques) P P P N Grocery Store r 35,000 SF C' C' N N Health club, gyms or studios C',2 C1•2 Cz N Hotel -- C � C C -- C ---- Independent stand-alone massage establishments - P' P' C N 25.34.760 Jewelry shops P P P N - Liquor store P' P' N N Liquor, beverage and food items shop P' P' N N Luggageshops P P P N Medical, clinic P' P' P N Medical, office P 1 P, P N Medical, hospital P' P' C C Medical, laboratory N N P N Mortuary C' C' N N Office, professional P' P' P C 25.10.040.M Office, local government P' P' P N Office, neighborhood government N N N C Office, travel agency P' P' P N 25.10.040.K Outdoor sales A' A' A N The establishment may be permitted with an administrative use permit but may be elevated to a condition a] use permit at the discretion of the ZA based on: parking, traffic, or other impacts. 1 Uses prohibited along El Paseo facing ground floor frontage, Office, professional uses may be allowed subject to Section 25-28-040 El Paseo Overtay District. P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted NOTICE OF EXEMPTION TO: El 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 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 2724 Gateway Dr, Riverside. CA 92507 I I . Project Title: ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. 2. Project Applicant: City of Palm Desert 3. Project Location — Identify street address and Citywide Zoning Ordinance Amendment applied to cross streets or attach a map showing project El Paseo (Highway 74 to Portola Ave) 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 Approval of staffs recommendation will approve a beneficiaries of Project: ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office uses, and approval of a CUP. In order to approve the ZOA, Sections 25.28.040 EPOD and Section 25.18.040 DD must be modified. 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, j 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) ❑ (c) ❑ (d) number: (c) ❑ Notice of Exemption Not a project. Emergency Project Categorical Exemption. State type and section Declared Emergency. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (Pub. Res. Code § 21080(b)(4) State CEQA Guidelines § 15269(b),(c)) CEQA Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. (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: Kevin Swartz, Associate Planner i 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: March 28, 2019 Signature: Date: I q Title: J. ® 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" CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 19-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVING A ZONING ORDINANCE AMENDMENT AMENDING THE EL PASEO OVERLAY DISTRICT AND THE DOWNTOWN DISTRICT TO ALLOW PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO; 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 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 and Section 15061(b)3 in that the ZOA to allow office uses on the ground floor will not result in a direct impact to the built environment. Therefore, the Director of Community Development is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Proiect Location: El Paseo between Highway 74 and Portola Avenue Proiect Description: The ZOA will allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. Recommendation: Staff is recommending approval supporting the changes to the Zoning Ordinance. 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 18, 2019, to March 28, 2019. Public Review: The ZOA 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: 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 RACHELLE KLASSEN, City Clerk March 18, 2019 Palm Desert City Council