HomeMy WebLinkAboutInfo Rprt-Drctn - El Paseo Overlay Dist and One Eleven Dvlpmnt CodeMEETING DATE:
PREPARED BY:
REQUEST:
Recommendation
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
November 15, 2018
Kevin Swartz, Associate Planner
Receive and file an informational report, and provide direction related
to amending the El Paseo Overlay District and the One Eleven
Development Code regarding allowable and non -allowable land uses.
By Minute Motion:
1. Receive and file an informational report related to Section 25.28.040 El
Paseo Overlay District (EPOD), and the One Eleven Development Code
(OEDC).
2. Provide direction to staff related to a potential zoning ordinance
amendment to Section 25.28.040 EPOD and 25.18.040 Land Use and
Permit Requirements within the OEDC.
Strategic Plan
Staffs recommendation is geared towards improvements to the El Paseo corridor and
fulfills the following priorities identified in the City's Strategic Plan:
• 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)."
November 15, 2018 - Staff Report
Information Report: El Paseo Overlay District
Page 2of3
Background Analysis
On September 6, 2018, the City Council adopted the El Paseo Master Plan Alternatives
and the Retail Market Study by Gibbs Planning Group as a mid-term comprehensive
planning document that will be used as a springboard/guidance for the future of El Paseo.
During the process of working with Gibbs Planning Group, Mr. Gibbs also recommended
near -term solutions to El Paseo such as expanding/allowing additional land uses along
El Paseo that fit the mold of a high -end luxury street. The main land use that was identified
and discussed with each Councilmember, and with the El Paseo Merchants Association,
was office uses on the ground floor, and where on the street they could be located. The
response to this strategy was mixed, so staff did not propose this as one of the immediate
short-term recommendations during the September 6, 2018, regular City Council meeting.
At the regular City Council meeting of October 11, 2018, Councilmember Harnik
requested that staff look at amending the EPOD to allow office uses on the ground floor.
If it were the goal of the City Council to allow some form of office use on the ground floor
in the EPOD area, the following sections of the Palm Desert Municipal Code will require
an amendment:
1. Section 25.28.040 El Paseo Overlay District:
The EPOD states, "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 building was built prior to 1987.
2. One Eleven Development Code Section 25.18.040 Land Use and Permit
Requirements:
El Paseo is zoned Downtown (D) and Downtown Overlay (D-O) within the One
Eleven Development Code. Under the use matrix, it states that office uses are
prohibited along El Paseo facing ground floor frontages.
November 15, 2018 - Staff Report
Information Report: El Paseo Overlay District
Page 3 of 3
Discussion
Staff is seeking direction from Council on whether or not office uses and other similar land
uses should be allowed on the ground floor along El Paseo, and where the appropriate
locations should be (east end, mid -block, not at main intersections, percentage, etc.) If
the Council directs staff to modify the EPOD and the OEDC to include different uses, then
staff would bring back a zoning ordinance amendment for the City Council's
consideration.
Fiscal Analysis
There is no fiscal impact resulting from this report.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
N/A N/A
Ryan Stendell
Robert Hargreaves, Director of Community Janet Moore
City Attorney Development Director of Finance
CITY
MANAGER
Lauri Aylaian
City Manager
ATTACHMENTS: 1. Section 25.28.040 El Paseo Overlay District
2. Section 25.18.040 One Eleven Development Code Land Use and
Permit Requirements
11/5/2018 25.28.040 El Paseo Overlay District
Palm Desert Municipal Code
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Title 25 ZONING
Chanter 25.28 OVERLAY DISTRICTS
25.28.040 El Paseo Overlay District
A. Intent and purpose. 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.
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 Commission may, by conditional use permit, approve commercial uses not listed
above 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)
View the mobile version.
http://qcode.us/codes/palmdesert/ 1/1
a
25.1 8.040
LAND USE AND PERMIT REQUIREMENTS
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the down-
town districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99
(Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations
for that use type are located within this title.
Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section
25.72.020 (Use Determinations).
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
Assisted Living
Condominium
Dwelling, duplex
Dwelling, multifamily
Dwelling, single-family
Group home
Home -based business
Garden, private
Greenhouse, private
Horticulture, private
Land Use
Zone Special Use
WD-O DE D Provisions
N N N
C' Cl C
C' Cl C
C'
C' C
Cl
Cr
N
C'
N
N
C'
C'
N
C'
N
N
Recreation, Resources Preservation, Open Space, and Public Assembly Uses
Club, private
Day care center
Day care, large family
Day care, small family
Institution, educational
Institution, general
Institution, religious
N
C'
N
N
C'
N
C
C
N
N
C
C
N
N
N
C
N
25.16.040.E
25.16.040.E
25. 76.040.B
25.16.040.8
25.16.040.8
Mechanical or electronic games, s 4
Mechanical or electronic games, a 5
Recreational facility, incidental
Recreation facility, private
Recreation facility, public
Uses prohibited along El Paseo facing ground floor frontages.
2 The establishment may be permitted with an administrative use
permit but may be elevated to a conditional use permit at the
discretion of the ZA based on: parking, traffic, or other impacts.
N
N
N
Pr
Cr,2
N
N
N
N
N
N
Pr
C'•2
N
N
N
N
C
C
C
P
C
N
N
N
A 25.10.040.F
P
C
C
C
N
C 25.10.040.N
P
C
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
07 January 2017 9
25.18.040
LAND USE AND PERMIT REQUIREMENTS
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS (CONTINUED)
Land Use
Accessory massage establishments
Ancillary commercial
Art gallery
Art studio
Book and card shops
Zone Special Use
D D-O DE DE O Provisions
F P P N 25.34.160
N N A N 25.16.040.E
P
P P A
Bed and Breakfast
Clothing and apparel shops
Convention and visitors bureau
Drugstore
Financial institution
Furniture stores and home furnishings
Gift and accessories boutiques (inlcuding small
antiques)
P'
PA A
P P N N
N . N C C
P
P P N
P'
P'
P' C N
P P P N
P P
P N
Grocery Store < 35,000 SF C' C' N
Health club, gyms or studios C 1.2 C .2 C2 N
Hotel C C C C
Independent stand-alone massage establishments P' P' C N 25.34.160
Jewelry shops P P P N
Liquor store P' P' N N
Liquor, beverage and food items shop P' P' N N
Luggage shops P P P N
Medical, clinic P' P' P N
Medical, office P' P' P N
Medical, hospital P' P' C C
Medical, laboratory N N P N
Mortuary C' Cr 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
Uses prohibited along El Paseo facing ground floor frontages.
2 The establishment may be permitted with an administrative use
permit but may be elevated to a conditional use permit at the
discretion of the ZA based on parking, traffic, or other impacts.
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
10 07 January 2017
25.1 8.040
LAND USE AND PERMIT REQUIREMENTS
TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS (CONTINUED)
Land Use
Personal services
Restaurant
Retail
Retail, bulky items
Spa
Sundries shops (general merchandise)
Time-share project
Fire Station
Commercial communication tower
Commercial parking lot
Office parking lot
Public service facility
Utility Facility
Utility installation
ter-- `
•
Automotive rental agency
Automotive service station
P
C2
P
Pr
P
P
Cr
C
C
Zone
P
P
DE
P
Cr
P
C
P
P N
N N
C C C
C C
Special Use
Provisions
N
N 25.76.040.H
N
N
C
P
P C C 25.70.040.1
N N N C 25.10.0401
N
N
C
' Uses prohibited along El Paseo facing ground floor frontages.
2 The establishment may be permitted with an administrative use
permit but may be elevated to a conditional use perrnit at the
discretion of the ZA based on_ parking, traffic, or other impacts.
N N
C N
C
N
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
City of Palm Desert ONE ELEVEN DEVELOPMENT CODE
❑7 January 2017 11
RECEIVED
CITY CLERK'S OFFICE
PALM DESERT, rA
2018 NOV 14 PM 2: 36
IFC California Corporation
November 13, 2018
Palm Desert City Council Members
Delivered via Email
Hand Delivered
Dear Palm Desert City Council Member:
Over the past year, our company has been acquiring property in Palm Desert. Approximately
four months ago we purchased two parcels on the south side of Larrea Avenue at 73 825
Larrea Street. Shortly thereafter we closed on the property located at 73785 El Paseo, the
former Union Bank location. The Presage building located at 73811 El Paseo has been our
most recent acquisition. The final purchase of 43450 San Luis Rey will be completed in
2019.
We have plans for these parcels that will bring new patrons to this great street. It is our
intention to help fulfill the city's strategic plan to create a mixed -use city core integrating
shopping, dining, lodging and housing. The design of these parcels includes luxury
apartments in a walkable neighborhood that will include retail elements, services for our
residents and an employment center.
Our present area of concern is the need to occupy the Presage Building with a viable, stable
tenant. The current tenant will be vacating at the end of the year. We have received
preliminary leasing interest on the Presage Building from a tenant whose use is not allowed
under the current City of Palm Desert Code. Since the design and entitlement process for the
above -mentioned parcels will take about 12 months and construction will take another 18 to
24 months, we do not want the beautiful Presage Building to sit vacant for a long period of
time. This sends the wrong message to all involved in this area.
77-885 Las Montanas Road I Suite C I Palm Desert, California 92211
T: 760 200 0029
F: 760 200 0226
Due to the size of this building and its easterly location on El Paseo, the use of this building
would be better served as a multi -use building. It is our request for the City Council to
consider and act expediently on creating a zoning ordinance amendment to Section 25.28.040
EPOD to allow this property to be used as a multi -use building. We are available to discuss
future plans but hope this can be accomplished quickly.
Sincerely,
<4....t Z 4,Q
Martin D. Waiss
President — IFC California Corporation