HomeMy WebLinkAboutZOA 19-0002 - El Paseo Overlay Dist - Ground FloorSTAFF REPORT
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEETING DATE: October 10, 2019
PREPARED BY: Kevin Swartz, Associate Planner
REQUEST: Consideration for approval of a Zoning Ordinance Amendment
amending the El Paseo Overlay District and the Downtown District to
allow professional office uses on the ground floor fronting El Paseo
subject to a Conditional Use Permit; and adopt a Notice of Exemption
in accordance with the California Environmental Quality Act.
Recommendation
Waive further reading and pass Ordinance No. 1350A to second reading,
approving a Zoning Ordinance Amendment (ZOA) to Section 25.28.040 El
Paseo Overlay District (EPOD) and Section 25.18.040 Downtown District
(DD) to allow professional office uses on the ground floor fronting El Paseo,
subject to a Conditional Use Permit (CUP) and the criteria on which the
CUP will be reviewed.
2. By Minute Motion, adopt a Notice of Exemption in accordance with the
California Environmental Quality Act (CEQA).
Strateqic Plan Obiectives
Allowing a limited amount of professional office uses on the ground floor along El Paseo will add
additional users to the street and help fill the vacant storefronts. It will also add additional 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, office,
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. "
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.
October 10, 2019 — Staff Report
El Paseo ZOA Office Uses
Page 2 of 6
The EPMA had a lengthy discussion regarding office uses and generally supported them
throughout the one -mile corridor from Highway 74 to Portola Avenue in certain locations,
subject to a CUP.
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.
On September 19, 2019, the EPMA held a meeting. Staff presented the proposed
modifications of allowing office uses on the ground floor along El Paseo subject to a CUP,
and removing the strict criteria. The EPMA had some concerns that if the criteria such as
capping percentages were removed how staff can regulate the amount of office uses. Staff
stated that requiring a CUP and analyzing office uses on a case -by -case basis for location,
separation, and type of office use will create a more simplified approach, and staff would be
mindful not to oversaturate each block. The EPMA supported the CUP process, and
requested to review the ordinance prior to the City Council meeting.
Executive Summary
Approval of staff's recommendation will amend the Zoning Ordinance to allow limited office
professional uses on the ground floor fronting El Paseo throughout the one -mile corridor
(Highway 74 and Portola Avenue), subject to a CUP. As part of the CUP review, staff and the
Planning Commission will review the type of office uses, locations, land use compatibility,
interaction with the street, and parking to ensure that they meet the intent of the El Paseo
Overlay District. If approved, all existing office uses on the ground floor will be considered
grandfathered and will not have to apply for a CUP.
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
on the ground floor along El Paseo. The City Council also directed staff to contact Gibbs
Planning Group to discuss this topic.
In December 2018, staff contacted the Gibbs Planning Group, and Mr. Gibbs recommended that
based on the adopted El Paseo Master Plan Alternatives, including a small amount 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 use since they will take away from the
City's ultimate goal of a high -end pedestrian -oriented -street with retail and restaurants as the
main attraction. Below are his recommendations.
G \Plannmg\Kevin Swartz\Word\EI Paseo\October 10 CC staff report El Paseo office uses docx
October 10, 2019 — Staff Report
El Paseo ZOA Office Uses
Page 3 of 6
• 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 15% of ground floor office frontage within each block.
• Allow professional office uses only (no banks or medical).
On March 28, 2019, staff recommended approval of a ZOA to allow office professional uses on
the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue)
corridor based on the below recommendations.
• Allow office uses throughout the one -mile corridor (Highway 74 to Portola Avenue).
• Prohibit office uses located on corner lots.
• No office uses allowed to abut/neighbor one another.
• Require a CUP.
• Allow professional offices that will engage the street (no banks or medical).
• Prohibit office uses that occupy more than 15% of total linear building frontage within
each block (north and south sides). The 15% recommendation came from Mr. Gibbs
as well as the EPMA.
At its March 28, 2019, City Council meeting, the Council discussed this topic but was not able
to come to an agreement, and after several different motions, the ZOA failed.
At its regular meeting of April 25, 2019, Councilmember Jonathan, under Councilmember
Requests for Action, directed staff to propose other options for a ZOA to the City Council.
On June 27, 2019, staff recommended approval of a ZOA to allow office professional uses on
the ground floor fronting El Paseo east of San Luis Rey Avenue. The recommendations were
the same as presented at the March 28, 2019, meeting with the exception to only allow office
uses east of San Luis Rey Avenue. At this City Council meeting, the Council discussed and
continued the ZOA. The Council also directed staff to consider an ordinance that was less
restrictive than staffs recommendations, and be mindful that El Paseo is to remain a high -end
predominately commercial street.
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 11 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).
G 1PlanrvngWevm Swartz\WoraAEI PaseoQctober 10 CC staff report El Paseo otfice uses docx
October 10, 2019 — Staff Report
El Paseo ZOA Office Uses
Page 4 of 6
• Block 1 — Highway 74 to Ocotillo Drive
o North — 0 office uses
o South — 0 office uses
• 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
o 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 — 1 office uses (wealth advisor)
Analysis
The City's overall goal is for El Paseo to remain a high -end, luxury pedestrian -friendly street
while allowing a limited amount of storefront office uses that complement the pedestrian
corridor. Staffs previous recommendations were sensitive to the retail and restaurant
atmosphere of the corridor and thus were very restrictive and over complicated. Staff believes
that requiring a CUP and analyzing office uses on a case -by -case basis for location,
separation, and type of office use will create a more simplified approach. As part of the CUP
review process, staff and the Planning Commission will review each office use proposal and
make findings based on the following:
1. Type of office uses. The overall goal is not to limit or state what type of office uses would
be acceptable. Instead, staff and the Planning Commission will be reviewing the type of
office uses on how they energize/engage interest along the street based on the
following.
A. The exterior facade must be preserved or enhanced to remain retail in nature
(this may require approval from the City's Architectural Review Commission).
This will help preserve the retail character of the street.
B. Each use should consider providing an outdoor patio. This will provide
employees a place to sit and eat, and create vibrancy on the street.
C. The applicant will be required to consider collaborating with a small coffee shop
and/or deli that is open to the public.
G \PlanningWevin Swartz\Word\EI Paseo\October 10 CC staff report El Paseo office uses docx
October 10, 2019 — Staff Report
El Paseo ZOA Office Uses
Page 5 of 6
2. Locations. Staffs previous recommendations were very restrictive and, ultimately, not
practical especially capping the total linear building frontage within each block (north
and south sides). Staffs approach will be to analyze the locations based on the
following.
D. Corner properties — The overall goal for corner properties is to preserve them for
restaurants with patio spaces and retail uses with large storefronts. Staff will
consider office uses on corner suites as long as the storefront does not occupy
the entire corner/intersection. If a corner building is divided into suites, staff will
analyze the suite location and size. If an office use were part of a mixed -use
project and the applicant proposed 100 percent ground floor offices, then staff
may consider approval since the overall project creates a mixed -use
environment, which meets the City's Strategic Plan.
E. Abut/neighbor one another — The overall goal is not to have large consecutive
building storefronts of office spaces. When someone is walking along the street,
you want him or her to see retail as the dominant frontage. Staff will review the
proposed office spaces based on building frontages. There are two frontages
approximately 20 to 30 feet, then two businesses abutting/neighboring one
another could work.
F. How many per each block — As part of the original staff recommendations, staff
suggested an arbitrary number of no more than 15% of total linear building
frontage within each block. Staff is now recommending not to cap each block
with a number, while still being mindful of the overall goal as El Paseo is retail in
nature. Staff also believes that the other concepts will also help preserve
saturating one block over another.
Overall, the CUP process will allow the City Council, Planning Commission, and City staff to
keep track of all office uses throughout the street. Additionally, if at any time the City Council
believes that there are too many office uses along the ground floor of El Paseo, the City
Council can initiate a Zoning Ordinance Amendment to modify the Overlay District.
In order to achieve and implement the recommendations, Palm Desert
Sections 25.28.040 El Paseo Overlay District and 25.18.040 Downtown
modified. The amended language is within Exhibit "A" and Exhibit "B"
Ordinance.
Fiscal Analysis:
There is no fiscal impact related to the staff recommendation.
Municipal Code
District must be
of the draft ZOA
G 0anningWevin Swartz\Word\EI Paseo\October 10 CC staff report El Paseo office uses docx
October 10, 2019 — Staff Report
El Paseo ZOA Office Uses
Page 6 of 6
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.
LEGAL REVIEW
DEPT. REVIEW
Ryan Stendell
Director of Comm. Dev.
FINANCIAL
REVI W
J �✓
lane M Dore
Director of Finance
City Manager Lauri Aylaian: A�
ATTACHMENTS: 1. Draft ZOA Ordinance No
2. Notice of Exemption
3. Legal Notice
ASSISTANT
CITY MANAGER
duk,'
Andy FkilineAssistager
v
1350A , Exhibit "A" and Exhibit "B"
G \Planning\Kevin Swartz\Word\EI Paseo\October 10 CC staff report EI Paseo office uses docx
ORDINANCE NO. 1350A
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
USES ON THE GROUND FLOOR FRONTING EL PASEO, SUBJECT TO A
CONDITIONAL USE PERMIT; 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 Palrrl, : ''serf;' lifornia, did on the 10tn
day of October 2019, hold a duly noticed public heari8g W6onsid , e request by the City
of Palm Desert and approved the above noted; and
WHEREAS, the City Council of the Ci %�j Palm Desert, California] lid on the 27tn
,• .
day of June 2019, hold a duly noticed public' g to consider the request:"by. the City of
Palm Desert and continued the case; and
WHEREAS, the City Counci( ..4e City of PAn Desert, California, did on the 28tn
day of March 2019, hold a duly notic" 41.00. earing td;�j�sider the request by the City of
Palm Desert and continued the case' an
WHEREAS,
estapli�g an Ord ; aiSfiz�ice professional uses on the
ground floor fronting p � � oughou % ne-mile Alghway 74 to Portola Avenue)
corridor. The Zonin ,-Winance 'i %endmer'4 OA) requires the approval of a Conditional
Use Permit (CUP),�� l
WHEREAS, tti2 ty'�5%tsll
pedestrian-frd); street( allowi
r ,�,;.
complernJ.5 hd,0i tt ian��c fJidor.
El Paseo to remain a high -end luxury,
I amount of storefront office uses that
`r...WHEREAS, the`q�,�,, Cou64*,pf the City of Palm Desert, in reviewing all the facts and
any tes#mony given adi%s the 'following as its Findings of approval of the Zoning
Ordinanc&- !,A endment: j"
SECTION 1. Findj6&. The City Council of the City of Palm Desert hereby finds that:
A. The City'0,: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.
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
are 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 which
ordinance 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 j}jrisdiction, such decision
shall not affect the validity or effectiveness of the remaining portig6t-zf this ordinance or any
part thereof. The Planning Commission hereby declares that;%f
"iould have passed each
` , section, subsection, subdivision, paragraph, sentence,,.;d�a... seor phrase, thereof
irrespective of the fact that any one (1) or more subsjcfn ;subdivisions, paragraphs,
>>
sentences, clauses, or phrases be declared unconstitutional, or in,,or ineffective.
SECTION 4. California Environmental
the City of Palm Desert finds the changes to thfef;
considered and it has determined that anjfi?
changes have been sufficiently reviewed by th(N
part of the General Plan Update, and the expans
direct physical impact to the envirpjpent and
Downtown District will be reviewed 6-6-66kdance
PASSED, APPROVED, AND AQ.-QPTEI
Desert, California, at its.yr.e r meeting eld�
following vote, to wit:
AYES:
NOES:
ABSENTf%
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
;fifty Act Finding. `Ty City Council of
ing Ordinance have b reviewed and
)nment t mpacts assoN ed with the
tiront004i a Impact Report"prepared as
'ofJBeing office uses will not have a
iat; aJI future development within the
with
Cif��'Gouncil of the City of Palm
day of October 2019, by the
SUSAN MARIE WEBER, MAYOR
G \PlanningWevin Swartz\Word\EI Paseo\Oct 10 CC ZOA Ord Office Uses doc
ORDINANCE NO.
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 El Paseo ground floor commerctaA%ntage.
B. Permitted uses. The following retail/personal s..e�jya uses shall be liberally
construed to be permitted uses within the El Pase.cj-pts,n commercial overlay:
1. Art galleries.
2. Book and card shops.
3. Clothing and apparel shops. `
4. Furniture stores and home furnis�"t0lys.
5. Gift and accessories boutiques £uding sml(�antiques).
6. Jewelry shops.
7. Liquor, beverage, and food item sho;'' `
8. Luggage shops.
9. Personal care/product;;:'sttSps�.. and ser�fees (including barbering and
cosmetology).
10. Restaurants.
11. Sundries shop.;general me7char};e):'`
C. Conditional ,# The P1,01nning Cc mission may, by a Conditional Use Permit,
approve offer' professiong#;;uses lord on the ground floor fronting El Paseo
between Hig�G 'ay 74 ar) ('- 'gt#gla Aver , if they are determined to be compatible
F,r� � t %The City's overall goal is for El Paseo to
with the intent aid ur f
rerr il? hj h-end- ry, pedestr ndly street while allowing a limited amount
oref`rld�ice u t complement the pedestrian corridor. As part of the CUP
;;view pro�the Planning Commission will review each office use
;proposal and makfiindin?based on the following: (Ord. 1324 § 7, 2017; Ord. 1277
�.6,.2014; Ord. 12
1. `.T,,�rpe of office;;:lases. The Planning Commission will be reviewing the type of
affi e. uses-4t.,how they energize/engage interest along the street based on
the'=fo�lt�vuing:
• The exterior facade must be preserved or enhanced to appear retail in
nature.
• Office uses should engage the El Paseo corridor by providing facade
treatments that interface and create vibrancy on the street.
• The applicant is required to consider collaborating with ancillary retail
uses that could be open to the public.
2. Locations. The Planning Commission will review/analyze the locations based
on the following.
G \Planning\Kevin Swartz\Word\EI Paseo\Oct 10 CC ZOA Ord Office Uses doc
ORDINANCE NO.
• Corner properties — The overall goal for corner properties is to
preserve them for restaurants with patio spaces and retail uses with
large storefronts.
• Density — The Planning Commission shall review each application to
preserve El Paseo as a retail district.
• Abut/neighbor one another — The overall goal is not to have large
G \Planning\Kevin Swartz\Word\EI Paseo\Oct 10 CC ZOA Ord Office Uses doc
ORDINANCE NO.
Exhibit "B"
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 \Planning\Kevin Swartz\Word\EI Paseo\Oct 10 CC ZOA Ord Office Uses doc
Draft Chanqes Shown in Bold
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. 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 a Conditional Use Permit
(CUP), approve office professional uses located on the ground floor fronting El
Paseo between Highway 74 and Portola if they are determined to be compatible
with the intent and purpose of this chapter. The City's overall goal is for El Paseo
to remain a high -end luxury, pedestrian -friendly street while allowing a limited
amount of storefront office uses that complement the pedestrian corridor. As
part of the CUP review process, staff and the Planning Commission will review
each office use proposal and make findings based on the following: (Ord. 1324
§ 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013.)
1. Type of office uses. The Planning Commission will be reviewing the type
of office uses on how they energize/engage interest along the street
based on the following.
• The exterior facade must be preserved or enhanced to appear
retail in nature.
• Office uses should engage the El Paseo corridor by providing
facade treatments that interface and create vibrancy on the street.
• The applicant is required to consider collaborating with ancillary
retail uses that could be open to the public.
2. Locations. The Planning Commission will review/analyze the locations
based on the following.
• Corner properties — The overall goal for corner properties is to
preserve them for restaurants with patio spaces and retail uses
with large storefronts.
• Density — The Planning Commission shall review each application
to preserve El Paseo as a retail district.
• Abut/neighbor one another — The overall goal is not to have large
consecutive building storefronts of office spaces.
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."
NOTICE OF EXEMPTION
TO:
FROM: City of Palm Desert j
❑
Office of Planning and Research
73-510 Fred Waring Drive
P. O. Box 3044, Room 113
I Palm Desert, CA 92260
Sacramento, CA 95812-3044
i
_
®
Clerk of the Board of Supervisors
2724 Gateway Dr, Riverside, I
or
CA 92507
County Clerk
County_of: _Riverside-_--_-
1.
Project Title:
ZOA to allow office professional uses on the ground
floor fronting El Paseo, subject to a Conditional Use
Permit
2.
Project Applicant:
City of Palm Desert
3.
Project Location — Identify street address and
Citywide Zoning Ordinance Amendment applied to: j
cross streets or attach a map showing project
El Paseo (Highway 74 to Portola Avenue)
I
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 staff's recommendation will amend the
beneficiaries of Project:
Zoning Ordinance to allow limited office professional
uses on the ground floor fronting El Paseo throughout
the one -mile corridor (Highway 74 and Portola
Avenue), subject to a CUP. As part of the CUP
review, staff and the Planning Commission will review
the type of office uses, locations, land use
compatibility, interaction with the street, and parking to
ensure that they meet the intent of the El Paseo
Overlay District. If approved, all existing office uses on
the ground floor will be considered grandfathered and
will not have to apply for a CUP. I
�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
j
from the Public Agency as part of the activity
or the person receiving a lease, permit,
license, certificate, or other entitlement of use
from the Public Agency as part of the activity:
8.
Exempt status: (check one)
(a) ❑ Ministerial project.
(Pub. Res. Code § 21080(b)(1); State CEQA
Guidelines § 15268)
-----
-- - (b) -- [] -- Not a project.
(c) ❑ Emergency Project
(Pub. Res. Code § 21080(b)(4); State CEQA
Guidelines § 15269(b),(c))
(d) ® Categorical Exemption.
CEQA Guidelines Section 15061(b)(3) that CEQA
onlyappliesto projects that have the potential for
State type and section
Notice of Exemption
FORM "B"
---- ---------
number causing asignificant effect unthe environment.
—��---------------'------------'--- -- '----------� |
(c) �� Declared Emergency. (pub CState CE<]A Res. Code
Guidelines §152G0(a))
�_'---- -_-_
| (0 F-1 Statutory Exemption.
State Code section number
(�) F] Other. Explanation.-
9. Reason why project was mxempt Project inconsistent with the Chy'sgeneral plan and
the overlay district will not have onimmediate or
negative effect on the environment. Individual
development proposals that utilize the overlay district �
will beevaluated separately inaccordance with CEC>A |
guidelines.
|O. Lead Agency Contactpemnn: Kevin Swartz, Associate Planner
Telephone- (760)346-0611
| ||. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing.
O. Has allotice of Exemption been filed by the public agency approving the project? Yes No�
|l Was apublic hearing held bvthe lead agency toconsider the exemption? Yes�y� � Nn�� [�
| |fyes, the date ofthe public hearing was: March 28.2O1Q |
Signature:
Title:
ZSigned byLead Agency
Date Received for Filing:
(Clerk Stamp Here)
Dab*:
El Signed by Applicant
Authority cited: Sections 21O83and 211O0.Public Resources Code.
Reference: Sections 211U8.21152.and 211521.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 USES ON THE GROUND FLOOR FRONTING EL PASEO,
SUBJECT TO A CONDITIONAL USE PERMIT; 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 uses on the ground floor fronting El
Paseo, subject to a Conditional Use Permit.
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 October 10, 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 October 1, 2019 to
October 10, 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
October 1, 2019 Palm Desert City Council