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HomeMy WebLinkAboutZOA 19-0001 Expand Downtown Core Overlay DistSTAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: April 25, 2019 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration of a Zoning Ordinance Amendment amending the City's Zoning Map to expand the Downtown Core Overlay District to select parcels located along El Paseo and Highway 111 and requiring City Council review and approval for buildings above four -stories in height; 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 pass to second reading City Council Ordinance No. 1347A , approving Zoning Ordinance Amendment 19-0001 including the following: a. Approving a Zoning Ordinance Amendment to apply the Downtown Core Overlay zoning district to parcels identified in Exhibit A of the ordinance; and b. Approving a Zoning Ordinance Amendment amending Section 25.18.050 Table 25.18-2 Downtown District Development Standards requiring City Council review and approval for buildings over four -stories in height as shown in Exhibit B of the ordinance; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Citv Council Recommendation The City Council considered the Zoning Ordinance Amendment request at their meeting of March 28, 2019, and voted unanimously to continue the item to a future date. At that meeting, the City Council provided direction to staff to explore options that may allow for City Council review of projects over three stories in height and to explore options for the avoidance of closing in the El Paseo corridor with tall buildings. City Council also directed staff to re -notice the public hearing. 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 El Paseo and Highway 111. The Planning Commission voted 4-0 (Chair Gregory absent) in recommending approval of the expansion to the City Council. At the public hearing two (2) April 25, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 2 of 4 El Paseo property owners spoke in favor of the expansion. The Commission did not consider the request for City Council review for buildings over four stories in height. Strateqic Plan Obiective The expansion of the Downtown Core Overlay, and the greater development potential it creates, contribute 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. 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 Road to the east, and Monterey Avenue to the west; inclusive of properties along El Paseo and Highway 111. 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. \\srv-fil2k3\groups\Planning\Eric Cela\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Staff Report (4.25.19) doc April 25, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 3of4 Citv Council Review Staff reviewed the direction given by the City Council and is recommending that buildings over four stories in height receive City Council review and approval. Buildings over four stories in height require the applicant to make certain, agreed upon, public realm improvements. As such, City Council could review a project for its merits and improvements to the public realm. Staff is recommending that Section 25.18.050 - Table 25.18-2 Downtown District Development Standards be amended to require City Council approval. This amendment is shown in Exhibit B of this report. Although staff recommends that the City Council review buildings over four stories in height due to the requirement for public realm improvements, staff is not recommending that buildings at four stories in height require City Council approval. A prescriptive zoning standard for building height setbacks may limit certain architectural designs, building orientations, and ignore the uniqueness of individual project sites. Staff believes the Architectural Review Commission will professionally enhance building designs to address the concerns of the City Council. 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 El Paseo or Highway 111. • Contiguous to existing D-O parcels. With the exception of the post office site at the southeast corner of El Paseo and Portola Avenue, the parcels identified for the expansion of the D-O are all currently zoned "Downtown (D)". The D-O differs from the D zoning district in that: It allows the potential for a four- and five -story building. It 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. \\srv-fil2k3\groups\Planning\Eric Cela\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Staff Report (4.25.19).doc April 25, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 4of4 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. 1347A, attached to this staff report. LEGAL REVIEW N/A Robert W. Hargreaves City Attorney ATTACHMENTS: DEPT. REVIEW Ryan Stendell Director, Community Dev FINANCIAL REVIEW CITY MANAGER N/A Janet Moore Lauri Aylaian Director of Finance City Manager 1. Draft City Council Ordinance No. 1347A 2. Planning Commission Resolution No. 2756 3. City Council Public Hearing Notice 4. Notice of Exemption 5. Exhibit A — Downtown Core Overlay Zone Expansion Maps 6. Exhibit B — Section 25.18.050 \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Staff Report (4.25.19).doc ORDINANCE NO. 1347A 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 AND REQUIRING CITY COUNCIL REVIEW OF PROJECTS OVER FOUR -STORIES IN HEIGHT 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, applicants may requests an additional story of building height if certain, agreed upon, public improvements are made, and as such, the City Council should confirm and approve projects proposing public improvements; 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 28'h 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 continued the item to a date uncertain and requested that staff review options for buildings over four -stories in height; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 25'h day of April 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 and Zoning Ordinance 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: 1. The expansion of the Downtown Core Overlay Zone is reasonably related to the public health, safety, and welfare because it provides the framework, design ORDINANCE NO. 1347A 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. 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. Adoption of the Zoninq Ordinance Amendment requires amendments to Section 25.18.050 of the Palm Desert Municipal Code to require Citv Council review and approval of projects over four -stories in height as identified in Exhibit "B: attached to this Ordinance. SECTION 4. 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 5. 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 25th day of April, 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GAPlanning\Eric Ceja\Case FilesVOMMA 19-0001 Downtown Core Exp\CC\CC Ord.doc ORDINANCE NO. 1347A SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\CC\CC Ord.doc "RED WA::NG-OR FRED WARING•DR "RED WARING OR r � r , , , , , �--�--ram... I I r rTr. • , . /-TTTTTT EL-PASEO- — r n MAO. "MR -�uw.a sr IIIlIlIIl�� Proposed Zoning \CChange D TO 0 9Tnrrm City of Palm Desert Case No. ZCA 19-0001 CITY COUNCIL OV PALUoN CHANGE OF ZONE ORDINANCE NO. a 3 4 7 A cEXHIBIT A Date: ."RF, Exhibit "B" 25.18.050 Development Standards The development standards on Table 25.18-2 (Downtown District Development Standards) are applicable to the downtown zoning districts. These standards, along with other development standards (e.g., landscaping requirements, signs, and parking standards) in this title, are intended to assist property owners and project designers in understanding the City's minimum requirements and expectations for high -quality development. TABLE 25.18-2. DOWNTOWN DISTRICT DEVELOPMENT STANDARDS Zone Development Standard D D-U I DE DE-0 A. Building Intensity 1. Floor Area Ratio (FAR) 2.0 2.5 10 I 2.0 B. Building Setbacks as measured frola property lines 1. Primary Street Setback = a. Ground Floor Residential 5 ft. not allowed 10 ft. 10 ft. b. Ground Floor Nonresidential 0 ft. 0 ft. 0 ft. loft 2. Side Street Setback i a. Residential 5 ft. not allowed 10 ft. 10 ft. b. Nonresidential ❑ ft. 0 ft. ❑ ft. loft 3. Side Yard Setback a. Residential 0 ft. 0 ft. 0 ft. 5 ft. b. Nonresidential 0 ft. 0 ft. 0 ft. 5 ft. 4. Rear Setback a. with alley 5 ft. 5 ft. 5 ft. 25 ft, b. without alley 5 ft. 5 ft. 5 ft. 5 ft. C. Building Height 2 1. To ease of pitched roof (max.) 3 floors 140 ft. 4 floors 155 ft. 3 floors / 40 ft. 3 floors 140 ft. Zone Development Standard D D-0 DE DE-0 2. Pitched roof height above top of eave (max.) 12 ft. 12 ft. 12 ft. 10 ft. 3. To top of parapet of flat roof (max,) 3 floors 145 ft. 4 floors 160 ft, 3 3 floors 145 ft. 3 floors/ 45 ft. 4. Ground floor above grade at building setback line (max,) a. Residential 4 ft. not allowed 4 ft, 3 ft. b. Nonresidential 0 ft. 0 ft. 0 ft, 0 ft. 5. Ground story height a. Residential 18 ft. not allowed 12 ft. 10 ft. h. Nonresidential 18 ft. 18 ft. 18 ft. not allowed 3 Building height may be increased by 1 story 1 an additional 15 ft. if public improvements are implemented per conditions in 111 Corridor Implementation Manual. Projects requesting an additional story in height shall be approved by the City Council. TO: 1. 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 NOTICE OF EXEMPTION 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 I 1 and El Pasco. 2. Project Applicant: i City of Palm Desert — — — — -- 3. Project Location — Identify street address and I Citywide Zoning Ordinance Amendment applied to: cross streets or attach a map showing project site j APNs: 627-192-014, 627-192-034, 627-192-035, 627- (prefcrahly 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 4. 5 6 7 8. 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 The City of Palm Desert adopted the One Eleven of Project: 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. Name of Public Agency approving project: City of Palm Desert 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: Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. — (c) ❑ Emergency Project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (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 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)) (f) ❑ Statutory Exemption. t 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 tiling. 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 21109, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM "B" IIIY 01 PHIH1 OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346-o61;I FAX:760 341-7098 m(o�palm-dexrc.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 (CEQA : AND AN APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) 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 CEQA, has determined that this 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: Following are the select parcels located along Highway 111 and El Paseo: 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 (DO) zone is characterized by mixed -use buildings up to four stories in height, with residential uses prohibited on the ground floor. The DO zone is applied to properties located at or near major intersections within the Downtown District. The DO 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 ZOA to the City Council. City Council: The City Council considered this ZOA at their regular meeting of March 28, 2019. At that meeting, the City Council voted to continue the item to a date uncertain and directed staff to explore options to allow for City Council review of taller buildings and potential additional setback requirements. 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 April 25, 2019, at 4:00 p.m. 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 April 12, 2019, to April 25, 2019. Public Review: The ZOA is available for public review during normal business hours 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 April 12, 2019 CITY OF PALM DESERT, CALIFORNIA 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, California, 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 Califomia. 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, Califomia 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 COMM ;rlON 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. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califomia, 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 lanew oo LII�OSAY HOLT, V -CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION N I� I 1 Klassen, Rachelle From: Ceja, Eric Sent: Tuesday, April 23, 2019 10:19 AM To: Klassen, Rachelle; Rocha, Grace Subject: FW: ZOA Response FYI — This correspondence is for the City Council for their consideration of the Zoning Ordinance Amendment this Thursday. Did you also receive the email from Mr. Raju Mehta for the same item? Thanks, Eric Ceja Principal Planner Ph:760.346.0611 Direct:760.776.6384 eceja@cityofpalmdesert.org From: Joyce Frisco [mailto:joycefrisco@gmail.com] Sent: Tuesday, April 23, 2019 10:12 AM To: Ceja, Eric <eceja@cityofpalmdesert.org> Subject: ZOA Response We have owned a business on El Paseo since 1981 and over the years we have, of course, seen many changes, mostly for the good. Being able to see the mountains from street level has always been a positive and identifies you are on El Paseo. Last time we were on Palm Canyon with the new high rise hotels and not being able to see the mountains has lost its identity. You8 could be on any street anywhere! Hotel Paseo sits back far enough and not 4 stories high, so you can still see the mountains... but this proposed change seems to allow up to 4 stories right on El Paseo ... not good. Also, it allows high density and zero lot line setbacks. This will change the special feel of El Paseo and would hurt its uniqueness... when comparing El Paseo as Rodeo Drive of the desert ... you won't be able to tell the difference, because you can't see the mountains!!! Please reconsider this change and postpone the decision until these concerns can be thoroughly addressed. Jeff and Joyce Frisco Salon Suites 73-925 El Paseo #2B Palm Desert I0:IINV U84618Z 1'-1 1 d3S30 Wlvd 3313.i0 S, W8313 A It,) a3A 13038 kECEIVE CITY CLERK'S OFFICE PALM DESERT, C i,1 2019 APR 24 PM 4: 16 April 24, 2019 City of Palm Desert Attn: City Council and Manager 73-510 Fred Waring Drive Palm Desert, CA 92260 To all City Council Members, and City Manager, I send this email on behalf of the City of Palm Desert- El Paseo Parking and Business Improvement District (EPPBID), for which I serve as a volunteer and current President of its Advisory Board. At the recent public hearing on Thursday, March 28, city staff proposed to city council its recommendation for zoning ordinance amendments to expand the downtown overlay district to select parcels along El Paseo, allowing for three to four story mixed use development, as well as allowing for new office use to be permitted on the ground level in select areas along El Paseo. Both amendments to the current code are steps in the right direction for the overall enhancement and revitalization of El Paseo, a need for which both city council and staff are vocally advocating. To learn that city council voted for a continuation on easing the vertical mixed use development restrictions, and voted no on new office use along the street is perplexing, and very disappointing, considering its overall benefit to the City of Palm Desert. It goes without question that El Paseo is in need of change and modernization. The proposed amendments to the existing code by staff will intrinsically activate vacant real estate, create a more vibrant corridor, and will be conducive to enhancing overall sales and business performance along El Paseo. Furthermore, the El Paseo Parking & Business Improvement District Advisory Board voted 6-0-0 in favor of easing the zoning ordinance specifically for office use on the ground level, during the January 17, 2019 meeting. It is disheartening to learn that the consensus of this volunteer group that represents the best interests of all businesses on El Paseo was seemingly not taken into account by city council when it made its decision to vote no on this specific matter. I urge city council to reconsider its position on both proposed amendments to the El Paseo downtown overlay district. Our recommendation is as follows: Vote Yes for a revision of code to allow use of ground floor space on El Paseo for select business offices who have to go through City permitting to qualify, clarifying the stipulations that such companies type of business would complement the district as a whole, would not be allowed to exceed 208A of the occupation of the street, would not be allowed at corner parcels or adjacent to another business office, and would not be concentrated on either end or any part of El Paseo. Vote Yes to allow for three to four story mixed use development with qualifying permits on El Paseo for select areas. Lastly, the El Paseo Business Improvement District's Advisory Board strongly opposes districting for El Paseo. We must recognize the benefits to our community's residents, business members, visitors, and city to be ONE El Paseo, which should remain a destination that features the appropriate blend of shopping, dining, art, lifestyle, commercial, and community experiences throughout the one mile corridor. Should you have any questions, please feel free to contact me at (760) 862-1990 or r)kleinCa)taubman.com. Sincerely, Oatrick Klein General Manager Taubman The Gardens on El Paseo / El Paseo Village Cc: Christine Stein, Vice President EPPBID and Leeds & Son Fine Jewelers Klassen, Rachelle From: Klein, Patrick <PKlein@Taubman.com> Sent: Wednesday, April 24, 2019 1:15 PM To: Klassen, Rachelle Cc: Soule, Thomas Subject: Letter to City re: Zoning Ordinance Amendments on El Paseo Attachments: Mimecast Attachment Protection Instructions; Letter to City Council and Manager - 04.24.19 - FINAL.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files Hi Rachelle, Please find the attached letter to City Council and the City Manager regarding the El Paseo Parking & Business Improvement District's Advisory Board position on the recent zoning ordinance amendments proposed by city staff at the March 281h Public Hearing. We would like to have this letter included in the documentation provided to City Council / Staff for tomorrow's Public Hearing at City Hall. Please confirm receipt of this email and its attachment, and that this request can be accommodated. Thank you very much. Patrick Klein General Manager Taubman The Gardens on El Paseo / El Paseo Village 73-545 El Paseo Ste. 2500 Palm Desert, CA 92260 P: 760-862-1990 F: 760-862-1884 klp eintaubman.com This email and any attachments are intended only for the use of the addressee, and may contain information that is privileged or confidential. References herein to "Taubman" mean The Taubman Company LLC, Taubman Centers, Inc., or one or more of their separate affiliates. The information contained in this email does not constitute a commitment or agreement by Taubman. No such commitment or agreement shall be binding on Taubman, unless such terms are expressly set forth in a separate document executed by an authorized representative of Taubman. s"'iA g —A, April 24, 2019 Susan Marie Weber Mayor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mayor Weber, For well over a year Encore Capital Partners has been pursuing the development of 150 key luxury boutique hotel at the corner of El Paseo and Ocotillo, currently known as the Galleria Center combined with the city's parcel located at Ocotillo and Tumbleweed. We've had numerous meetings with Lauri Aylaian, Martin Alvarez, Ryan Stendell, the city council and we've had the pleasure of meeting you as well. Currently, we are in escrow on the Galleria Center and in an Exclusive Negotiation Agreement with the city for their parcel, which also includes several development incentives. We have retained Cox Castle Nicholson to represent us for entitlements and our architectural firm Nadel has completed our massing and planning and is fully engaged on design. As you are aware, real estate development carries an inherent risk and the more certainty we have in the approval of the zoning ordinance amendment (D-0) zone, which secures four stories "by right" makes the project feasible and creates the assurance we need to progress forward. Without the approval of the (D-0) zone our project is no Ionger a feasible option and will hinder the project altogether. We have been extremely pleased and impressed with everyone at the city, the city council and their vision for El Paseo. We are excited and enthusiastic to participate in that vision with El Paseo's first luxury boutique hotel anchoring the western end of El Paseo and creating a premier Palm Desert Destination. Thank you for your consideration Sincerely, Grant Denham Managing Partner t Richard Doherty Managing Partner r.� --v rV .c- 3 w N Cc: -V-..4 >� 3C-)z r— M, M m r':� rn Encore Capital Partners LLC 16554 Pardall Goleta, CA 93117 1310,294.4956 Klassen, Rachelle From: Grant Denham <grant@encore-cap.com> Sent: Wednesday, April 24, 2019 4:23 PM To: Weber, Susan Marie; Klassen, Rachelle Cc: richard doherty Subject: Overlay Zone El Paseo Attachments: Palm Desert Letter.pdf; ATT00001.htm; Mimecast Attachment Protection Instructions Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Mayor Weber, Please find attached Encore Capital Partners letter to request the approval of the Overlay Zone on El Paseo. Thank you for your consideration and time. Kind Regards, Grant Denham Managing Partner Encore Capital Partners arant@encore-caD.com 310.294.4956 Klassen, Rachelle From: Alain Pinel <alain@alainpinel.com> Sent: Thursday, April 25, 2019 7:39 AM To: weber; Jonathan, Sabby; Nestande, Gina; Kelly, Kathleen; Harnik, Jan; Aylaian, Lauri Subject: Building height on El Paseo Attn: City Council members What's going on? Where is the bright idea of allowing 4 stories high on El Paseo coming from? I think that those in favor of erasing the mountain lines from the Palm Desert horizon are probably the same people who would rather remove the ocean from the perfect San Francisco postcard. Truly amazing! Don't disfigure our beautiful town. Respect and enjoy our environment. Alain Pinel Klassen, Rachelle From: Sent: To: Subject: Dear Councilwoman Weber, Mathias Vince Karlen <mathias.vince.karlen@gmail.com> Thursday, April 25, 2019 8:07 AM weber Today's Vote I am writing you to express my vehement opposition to the proposed amendment to expand the downtown core overlay district along parts of El Paseo and 111. It is my opinion this is a most critical vote affecting the "look and feel" of our small city. The proposed changes would allow the development of buildings two to four times the height of existing structures, with the potential for even higher development on a case by case basis. It does not take a visionary to appreciate what this means for our mountain views, something prized by both residents and visitors alike. However, in addition, and often overlooked, is the impact that such tall buildings have on the walkability of the very streets we are trying to promote. I am referring here to the "tunnel affect," a phenomenon many residents in Palm Springs have bemoaned in the aftermath of the Kimpton development. It is my belief that the proposed changes threaten the "small town feel" for which Palm Desert is prized. It seems highly contradictory that we support this in many ways - for instance, by forbidding street lights or drive through fast-food restaurants, yet then we choose amend zoning to allow for intense densification right in our most prized areas. I think we are all in agreement that El Paseo has not reached its full potential, and that reform is necessary. However, many contend that El Paseo is already too big, with too much vacancy. Now the idea is to allow for even more square footage? This seems highly counterintuitive. All of this goes without saying that there already exist avenues by which developers can build higher than current zoning intends. A great example of this is the Paseo Hotel, which was built in a thoughtful way that is both appropriate to and consistent with its surroundings. Given how sensitive aesthetics are to our city, I think opportunity to build higher should exist, but it should be the exception, NOT the rule. By allowing for the proposed amendment, the city council is voluntarily surrendering a high degree of control over the way in which a key component of our city develops going forward. Nobody is opposed to growth, but we want it to be controlled and smart. As such, it is my sincere hope you reject the proposed amendment in question. Thank you for your consideration. Kind Regards, Vince Karlen 72902 Joshua Tree St I 1 :8 A SZ ddV 6109 183S30 WIVd 01A30 S,k8333 h110 03AI3038 Klassen, Rachelle From: Jann Buller <jannb774@gmail.com> Sent: Thursday, April 25, 2019 9:15 AM To: weber; Harnik, Jan; Jonathan, Sabby; Kelly, Kathleen; Nestande, Gina Cc: Aylaian, Lauri; Stendell, Ryan; Klassen, Rachelle Subject: Comments on proposed zoning amendment Mayor and Council Members: At the March 28 Council meeting, you discussed concerns with the proposed zoning amendment. Specifically, the risk of "tunnel" or "canyon" effects and the desirability of Council review of certain types of projects. I shared those concerns then and still have them after reading the latest version. Roughly 90 parcels are already zoned downtown core overlay, as best I can tell. The proposed amendment would add another 25 or so. That could mean roughly 115 buildings of 4 or 5 stories in the downtown core. The proposed amendment is silent on specific mechanisms to mitigate "tunnels" or "canyons". It relies on the Architectural Review Commission to make appropriate decisions. Without specific guidelines, the ARC has no objective basis for making decisions, creating the risk of arbitrary and capricious decision -making. I suggest the zoning amendment be modified to provide more specificity on Council's expectations for avoiding "canyon" effects. The proposed amendment doesn't provide for Council review unless the proposed project is more than 4 stories. Is it realistic to think that a developer who could build to 4 or 5 stories will stick with 1, 2 or 3? Is it desirable that the downtown core have a default height limit of 4 stories, with option to go to 5? I don't think so. I ask that the proposed amendment be modified to require Council review of projects of more than 3 stories. This is a better way to "encourage developers to put forward a variety of ideas specific to each parcel and its use". For example, a 4-storey building on the north side of 111 would have a different impact than a 4- storey building on the south side of El Paseo, because of the slope and the width of the roadway. They should be evaluated differently, specific to each parcel. Thank you for your consideration. Jann Buller ^' r%m 73110 Somera Road � Palm Desert3'v 3 N r... rn I" r C !1 :1K S rLA rn 7C7 0 rn +C) tD � LD rr1 April 25, 2019 To: Palm Desert Mayor, City Council, Staff and Planning Commission Re: El Paseo Considerations Dear Esteemed Community Leaders, With such capable leadership it is rare that issues arise prompting my formal input. Please accept the comments on these matters in the spirit of respect and neighborliness they are offered: 1) Regarding height increases for buildings please move more cautiously and consider: There are no `mulli2ans" or "redo's on buildings built out of scale to our community. A) Our city developed strong community consensus on this topic a few short years ago. Envision Palm Desert, a year long, 100 plus varied stakeholder effort, found consensus at considering 3 to possibly 4 story buildings, in unique locations, but always with a strong eye toward community impact. At no point were 5 stories promoted, with 3 story's being considered the max in most scenarios. Most relevant was the actual height of projects rather than the number of story's which can be deceptive. B) Inherent in this recommendation was the desire to create more downtown activity/vibrancy with new residential options. Another driver was the recognition of the abundance of "supply" in PD regarding restaurant and retail efforts and a need for increased "demand", or customer support, without dramatically impacting congestion, traffic and the ease of Palm Desert's unique lifestyle. For second and third stories to be considered, they would contain innovative residential options encouraging more walking lifestyles. While buyers of these "lofts" might be end users, high end residents might also be purchasers to obtain additional guest housing options, as has happened in single story complexes. C) The clearest way to experience height concerns and their impact can be had by simply driving east to west on El Paseo and Hwy 111, and then reversing the drive. One direction features the surrounding mountains enveloping our city, while the other direction, particularly on El Paseo, is building centric. I urge all leaders and citizens to consciously make these drives to best understand "view corridors" and what is at stake. Another example of the value of "true vision" would be a simple height model on potential tall buildings. If we put even this small effort into proposed multi story buildings, far simpler than was done on the San Pablo corridor mock up, perspective will prevail. 2) The second item of interest is mixed use on El Paseo: Many have failed inappropriately applvin urban models to our area. Conversely we thrive as a sanctuary from urban problems. A) Mixed use has always existed on El Paseo and many stakeholders including the El Paseo Association are in agreement at 20 percent max. The benefits should be obvious. B) It is the discussion of the "Districting" of mixed use that is of primary concern. For those who would cite the Gibbs study, please understand that while the study may have items worth incorporating, the study was hugely flawed in at leaset two areas: 1) Its lack of even the simplest understanding of country club impact on our city, 2) Its use of highly incompatible comparison cities. To create Districts as the study suggests is to borrow an element from high population, high traffic, urban areas that is irrelevant to our small town and our ease of travel. Finally, congratulations to all involved with the recently commissioned marketing report. This thoughtful process has yielded a fine understanding of the unique Palm Desert lifestyle, enjoyed by residents and visitors. A lifestyle we are all entrusted to protect. Sincerely, Ray Rodriguez 60 :11 Ny SZ adV 61OZ ,v i i d3S30 W1V d l01.4�0 S.'A8310 A 11:' l-1A131P4 Klassen, Rachelle From: Rocha, Grace Sent: Thursday, April 25, 2019 11:07 AM To: Klassen, Rachelle Subject: FW: Hello From Ray Rodriguez Attachments: Mimecast Attachment Protection Instructions; palm desert el paseo considerations.doc Rachelle, Another email received for tonight's City Council meeting. Grace L. Rocha Deputy City Clerk Ph:760.346.0611 Direct:760.776,6487 grocha@cityofpalmdesert.org From: gavilan59@aol.com [mailto:gavilan59@aol.com] Sent: Thursday, April 25, 2019 10:29 AM To: CityhallMail <Cityhall@cityofpalmdesert.org> Subject: Hello From Ray Rodriguez Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Please find attached a letter for distribution to Mayor, Council, Planning Commission and Appropriate City Staff. Thank you, rr Klassen, Rachelle From: John Curran <curranj@gmail.com> Sent: Thursday, April 25, 2019 11:36 AM To: Nestande, Gina; Harnik, Jan; Kelly, Kathleen; Aylaian, Lauri; Jonathan, Sabby; weber; Swartz, Kevin; Stendell, Ryan; Bob Hargreaves Subject: Zoning change on El Paseo I have given some thought to the proposal to allow buildings in the downtown core overlay district to be much higher than the current zoning code permits. While I am not opposed to this idea, I believe the city needs to make some rules based on the circumstances of the district and our city at large. I lived in Washington, DC for many years and it is widely regarded as a beautiful city, not the least because high-rise buildings were limited around 1900 when engineers were able to make buildings much taller than they had been before. These new structures loomed over the older Federal style buildings and the streets. Congress passed The Height of Buildings Act in 1910 and limited building height to a formula based on the width of adjacent streets plus 20 feet. This limit, while it works for the District of Columbia, which is a much larger city and has enormously wide avenues, would be too high for Palm Desert. I believe the city government should consider a similar formula based on the width of the rebuilt El Paseo, which will lose some traffic lanes and would include set back rules and a consideration for the orientation of the buildings. The AC3 hotel faces east and west on its longest faces. It is set back from the street to allow cars to pull in for passenger service. It appears to be about 40 feet high, but I have not measured it. I believe that this hotel facing El Paseo with a small set back would be too tall and loom over the street in a way that begins to create the canyon effect so well known in many large cities. Palm Desert is not a large city and has an absolute limit how many square miles it can occupy. The valley we live in is filled with canyons and I don't think we need to create artificial ones simply to make developers happy. In the formula method I propose the city would allow buildings like the AC3 to be higher than building on El Paseo. The east -west orientation does not block our views of the Santa Rosa Mountains or the vista across the desert to the escarpment of the Little San Bernadino Mountains. A building oriented north & south on El Paseo should be set back from the street and not block the view or cause long shadows to be cast onto other buildings across from it. The AC3 hotel casts a morning shadow onto a parking garage and a street. It does not put another business into the shade which is going to be a problem in the core district if the city is not careful how and where they allow taller buildings to be erected. It is far enough away from the parking garage to allow good views of the mountains to the west of the city. I encourage the council to be cautious with the proposed legislation change and keep buildings from overwhelming the occupants and visitors to our beautiful city. II :I I A SZ dda 610Z jc ; 1.83S3a wlvd 30E_4. 0 S.NHi 110 A 11' O3A1303k4 John Curran Palm Desert, CA This email is transmitted using only recycled electrons.