HomeMy WebLinkAboutOrd 1322 - ZOA 17-028 - Drive-through RestaurantsREQUEST:
SUBMITTED BY:
APPLICANT:
CASE NO:
DATE:
ATTACHMENTS:
Recommendation
ORDINANCE NO. 1322
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
CONSIDERATION OF ORDINANCE NO. 1322 , A ZONING
ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE
SECTION 25.16.040H "SPECIFIC USE STANDARDS" FOR
COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE -
THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A
FREEWAY INTERCHANGE (OR PLANNED INTERCHANGE)
Heather Buck, Assistant Planner
Lumar Devco, LLC
3835 Birch Street
Newport Beach, CA 92660
ZOA 17-028
April 13, 2017
1. City Council Ordinance No. 1322
2. Planning Commission Resolution No. 2691
3. Exhibit A — Section 25.16.040H Specific Use Standards
4. Section 25.16.040H Redlined Version
5. Figure 25.10-2: Drive -through Restaurant Boundary Map
6. Legal Notice
7. Existing FCOZ Map
8. ZOA 17-028 Exhibit showing impacted parcels
9. Letter of Interest from Applicant
Waive further reading and adopt City Council Ordinance No. 1322 , approving
Zoning Ordinance Amendment (ZOA) 17-028 to Palm Desert Municipal Code
(PDMC) Section 25.16.040H "Specific Use Standards" for Commercial and
Industrial Districts to allow drive -through restaurants on arterial streets with a
freeway interchange (or planned interchange).
Staff Report
Case No. ZOA 17-028 Drive -through restaurants
Page 2 of 4
April 13, 2017
Planning Commission
The Planning Commission, at their meeting of March 21, 2017, did consider ZOA 17-028 to
amend the "Specific Use Standards" for commercial and industrial districts to allow drive -
through restaurants on arterial streets with a freeway interchange (or planned interchange).
After an extensive conversation, the Planning Commission approved a modified
recommendation from staff's original request. The Planning Commission adopted Resolution
No. 2691 recommending approval of the request by a 5-0 vote.
Strategic Plan Objective
The adoption of the Zoning Ordinance Amendment will support:
• Strategic Plan Economic Development Priority No. 1 to expand job and business
creation opportunities.
• Strategic Plan Economic Development Priority No. 4 to expand and raise awareness of
business -friendly services in order to retain and attract business.
• Strategic Plan Land Use, Housing & Open Space Priority No. 5 to utilize progressive
land use policies and standards to support ongoing and future needs.
Executive Summary
Approval of ZOA 17-028 will amend the PDMC to expand the locations where drive -through
restaurants may be permitted to include commercial and industrial zoned properties located as
indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city
boundary to the north side of Gerald Ford Drive; and Washington Street from the northern city
boundary to the north side of Dudley Drive.
Background
As part of the General Plan, the City Council adopted language to consider expanding the
locations where drive -through restaurants are permitted. Through this process, the following
policy was incorporated into the updated General Plan:
Policy 2.10 Auto -oriented uses. Consider uses that serve occupants of vehicles (such
as drive -through windows) and discourage uses that serve the vehicle (such as car
washes and service stations), in places that are clearly automobile oriented, ensuring
that such uses do not disrupt pedestrian flow, are not concentrated, do not break up the
building mass of the streetscape, and are compatible with the planned uses of the area.
Project Description
On February 22, 2017, staff received a ZOA application for a drive -through restaurant at the
former Casey's Restaurant site located at the corner of Washington Street and Avenue of the
States. Prior to submittal of the initial development application for this site, the applicant
provided a letter of interest (attached) to the City explaining their reasoning for pursuing a drive -
through restaurant at this site. The applicant has since requested direction regarding whether a
G:\Planning\Heather Buck\Case Files\ZOA\ZOA 17-28 Drive -through restaurants\CC\2017-04-13 CC - Staff Report ZOA 17-028 drive -through restaurants doc
Staff Report
Case No. ZOA 17-028 Drive -through restaurants
Page 3 of 4
April 13, 2017
drive -through restaurant will be permitted at this location prior to further review of the
development application (Case No. PP 16-303). The application includes demolition of the
existing restaurant and construction of two retail/restaurant buildings and associated site
improvements.
Currently PDMC Section 25.16.040H states that "with the exception of the Freeway Commercial
Overlay, drive-in and drive -through [restaurant] facilities are prohibited."
The proposed ZOA addresses not only the specific request by the applicant, but the City as a
whole, to provide consistent land use policy citywide. Staff is preparing an update to the Zoning
Code to reflect the newly adopted General Plan as a comprehensive process. This item is being
processed separately due to the development application and request for a ZOA from the
applicant for Case No. PP 16-303.
Analysis
The existing zoning ordinance restricts the location of drive -through restaurant facilities to the
Freeway Commercial Overlay Zone (FCOZ), subject to a Conditional Use Permit (CUP).
Properties with this zoning designation are located adjacent to the 1-10 freeway and on the
following streets with a freeway interchange: Monterey Avenue, Cook Street, and Washington
Street. Refer to the attached "Existing FCOZ" map.
Arterial streets with a freeway interchange are clearly automobile -oriented. Providing land use
opportunities that serve the occupants of these vehicles is in line with the policy outlined in the
General Plan. Staff proposes to expand on this concept and permit drive -through restaurants
within the FCOZ, and also on the following arterial streets with a freeway interchange (or
planned interchange): Monterey Avenue, Portola Avenue, and Washington Street. Both staff
and the Planning Commission recommend against any changes to Cook Street so that this
corridor can be developed into the pedestrian -friendly space that was envisioned for the
University area. The proposed land use modifications would permit drive -through restaurants
through the approval of a CUP on the following streets and as indicated in Figure 25.10-2:
Monterey Avenue and Portola Avenue from the northern city boundary to the north side of
Gerald Ford Drive; and Washington Street from the northern city boundary to the north side of
Dudley Drive.
Commercial and industrial zoned properties along each of the listed streets will be permitted to
have drive -through restaurants; however, drive -through restaurants will not be allowed in the
resort developments (located just south of the boundaries defined in Figure 25.10-2), nor will
they be permitted in the city center. Refer to the attached "ZOA 17-028" exhibit highlighting the
location of the commercial and industrial developments that will permit drive -through restaurants
as a result of the ZOA. Staff believes the proposed language is consistent with the General Plan
language as this land use is only applied to areas that are clearly vehicle -oriented.
The development at the former Casey's Restaurant site is within the revised boundaries
proposed in the ZOA and a drive -through restaurant will be permitted on this site, subject to a
CUP, if the ZOA is approved. This land use at this location is consistent with land uses allowed
on the east side of Washington Street (Bermuda Dunes).
G:\Planning\Heather Buck\Case Files\ZOA\ZOA 17-28 Drive -through restaurants\CC\2017-04-13 CC - Staff Report ZOA 17-028 drive -through restaurants doc
Staff Report
Case No. ZOA 17-028 Drive -through restaurants
Page 4 of 4
April 13, 2017
Development Standards
Additionally, staff has included language in the proposed ZOA to address screening of drive -
through windows and automobile queues from adjacent public streets. This language is similar
to the language that is already included in Section 25.28.070C "Freeway Commercial Overlay
District" for development standards related to drive -through restaurants.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine whether a
proposed activity is a project subject to CEQA. The adoption of the proposed amendment (which
provides for only text changes) has no potential to cause a significant adverse impact on the
environment. Therefore, ZOA 17-028 meets the criteria to be exempt from CEQA pursuant to
Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment and where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA."
The Director of Community Development has determined that the proposed ZOA will not have a
negative impact on the environment. Individual development proposals, which will utilize the CUP
process, will undergo additional environmental and CEQA review as part of the CUP process prior
to any development associated with the CUP.
Submitted By:
Heather Buck, Assistant Planner
Department Head:
Ryan Stendell, Director of Community Development
City Manager:
Lauri Aylaian, City Manager
G.\Piannung\Heather Buck\Case Frles\ZOA\ZOA 77-28 Drive -through restaurants\CC\2017-04-13 CC - Staff Report ZOA 17-028 drive -through restaurants.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO
REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC
USE STANDARDS" FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO
ALLOW DRIVE -THROUGH RESTAURANTS ON ARTERIAL STREETS WITH
A FREEWAY INTERCHANGE OR (PLANNED INTERCHANGE)
CASE NO: ZOA 17-028
WHEREAS, Lumar Devco, LLC submitted a Zoning Ordinance Amendment (ZOA)
application for a proposed drive -through restaurant as part of Case No. PP 16-303; and
WHEREAS, the Palm Desert Municipal Code (PDMC) Section 25.16.040H states
that "with the exception of the Freeway Commercial Overlay, drive-in and drive -through
[restaurant] facilities are prohibited;" and
WHEREAS, the 2016 updated General Plan incorporates Policy 2.10 "Auto -oriented
uses" that directs staff to "consider uses that serve occupants of vehicles (such as drive -
through windows) and discourage uses that serve the vehicle (such as car washes and
service stations), in places that are clearly automobile oriented, ensuring that such uses do
not disrupt pedestrian flow, are not concentrated, do not break up the building mass of the
streetscape, and are compatible with the planned uses of the area;" and
WHEREAS, expanding the locations in which drive -through restaurants are
permitted is consistent with the General Plan policy because the land use is only applied to
areas that are clearly vehicle -oriented and is not applicable to the city center; and
WHEREAS, staff has prepared a ZOA to expand the locations where drive -through
restaurant facilities may be permitted (through approval of a CUP) in accordance with Policy
2.10 of the updated General Plan; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21st day of March, 2017, hold a duly noticed public hearing to consider the request by
Lumar Devco, LLC, for approval of the above noted ZOA, and did recommend approval of
said request to the City Council by its Resolution No. 2691; and
WHEREAS, the Planning Commission determined it appropriate to expand the
locations where drive -through restaurants may be permitted to include limited areas located
on arterials with a freeway interchange or planned interchange as further defined in
Resolution No. 2691 Exhibit "A" and its attachment; and
WHEREAS, the adoption of the proposed amendment (which provides for only text
changes) has no potential to cause a significant adverse impact on the environment and
therefore meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3) which
states "that if an activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment and where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA;" and
ORDINANCE NO.
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, and the Director of Community Development has determined that
the action to adopt said ZOA will not have a negative impact on the environment. Individual
development proposals that will utilize the Conditional Use Permit (CUP) process will
undergo additional environmental and CEQA review as part of the CUP process prior to any
development associated with the CUP; and
WHEREAS, at said public hearing on the 13th day of April 2017, City Council heard
and considered all testimony and arguments of interested persons regarding the request by
Lumar Devco, LLC, for approval of ZOA 17-051; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 City Council in this case.
2. That the City Council does hereby recommend approval of Zoning Ordinance
Amendment 17-028.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 13th day of April 2017, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
2
PLANNING COMMISSION RESOLUTION NO. 2691
. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A
ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT
MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC USE STANDARDS"
FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE -
THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY
INTERCHANGE OR PLANNED INTERCHANGE)
CASE NO: ZOA 17-028
WHEREAS, Lumar Devco, LLC submitted a Zoning Ordinance Amendment
(ZOA) application for a proposed drive -through restaurant as part of Case No. PP 16-
303; and
WHEREAS, the Palm Desert Municipal Code (PDMC) Section 25.16.040H states
that "with the exception of the Freeway Commercial Overlay, drive-in and drive -through
[restaurant) facilities are prohibited;" and
WHEREAS, the 2016 updated General Plan incorporates Policy 2.10 "Auto -
oriented uses" that directs staff to "consider uses that serve occupants of vehicles (such
as drive -through windows) and discourage uses that serve the vehicle (such as car
washes and service stations), in places that are clearly automobile oriented, ensuring
that such uses do not disrupt pedestrian flow, are not concentrated, do not break up the
building mass of the streetscape, and are compatible with the planned uses of the
area;" and
WHEREAS, expanding the locations in which drive -through restaurants are
permitted is consistent with the General Plan policy because the land use is only
applied to areas that are clearly vehicle -oriented and is not applicable to the city center;
and
WHEREAS, staff has prepared a ZOA to expand the locations where drive -
through restaurant facilities may be permitted (through approval of a CUP) in
accordance with Policy 2.10 of the updated General Plan; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 21 st day of March, 2017, hold a duly noticed public hearing to consider the
request by Lumar Devco, LLC, for approval of the above noted ZOA; and
WHEREAS, the Planning Commission determined it appropriate to expand the
locations where drive -through restaurants may be permitted to include limited areas
located on arterials with a freeway interchange or planned interchange as further
defined in Exhibit "A" and its attachment; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
PLANNING COMMISSION RESOLUTION NO. 2691
Resolution No. 2015-75, and the Director of Community Development has determined
that the action to adopt said ZOA will not have a negative impact on the environment.
Individual development proposals that will utilize the Conditional Use Permit (CUP)
process will undergo additional environmental review as part of the CUP process prior
to any development associated with the CUP.
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 of Zoning
Ordinance Amendment 17-028.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on this 21st day of March 2017, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
�11 i71 ' 4 /t k ! _6 t r/l
NANCY DE LUNA, CHAIRPERSON
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
2
PLANNING COMMISSION RESOLUTION NO. 2691
EXHIBIT "A"
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1
(Use Matrix for Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same
site as a permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and
maintained to be compatible with the permitted or the approved conditional uses in the
vicinity.
C. Commercial communication tower. All communication towers and
antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower
and Antenna Regulations).
D. Adult entertainment. All uses defined as adult entertainment are required
to meet the provisions established by Section 25.34.110 (Adult Entertainment
Establishments).
E. Commercial (ancillary). Applicable only to office complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60,000 square feet
in PC-3.
G. Medical services, accessory. Permitted only when ancillary to and in
conjunction with the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a
conditional use permit as follows:
1. Permitted locations.
Within Freeway Commercial Overlay District
ii. On arterial streets with a freeway interchange (or planned
interchange). Generally on the following streets and as indicated in Figure 25.10-2:
Monterey Avenue and Portola Avenue from the northern city boundary to the north side
of Gerald Ford Drive; and Washington Street from the northern city boundary to the
north side of Dudley Drive.
2. Development standards.
i. Drive -through lanes and window facilities shall be designed
in a manner that they are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened
and/or not visible from surrounding public streets.
I. Vehicle storage facility. All vehicles stored at any vehicle storage facility
shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013)
3
PLANNING COMMISSION RESOLUTION NO. 2691
Figure 25.10-2
Mir JaHAW
3
•
omionliP Extent of Permitted Locations on Arterial Streets
City Boundary
4
EXHIBIT "A"
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1
(Use Matrix for Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same
site as a permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and
maintained to be compatible with the permitted or the approved conditional uses in the
vicinity.
C. Commercial communication tower. All communication towers and
antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower
and Antenna Regulations).
D. Adult entertainment. All uses defined as adult entertainment are required
to meet the provisions established by Section 25.34.110 (Adult Entertainment
Establishments).
E. Commercial (ancillary). Applicable only to office complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses, including restaurants, shall
not exceed 25 percent of the gross leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60,000 square feet
in PC-3.
G. Medical services, accessory. Permitted only when ancillary to and in
conjunction with the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a
conditional use permit as follows:
1. Permitted locations.
Within Freeway Commercial Overlay District
ii. On arterial streets with a freeway interchange (or planned
interchange). Generally on the following streets and as indicated in Figure
25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary
to the north side of Gerald Ford Drive; and Washington Street from the northern
city boundary to the north side of Dudley Drive.
2. Development standards.
Drive -through lanes and window facilities shall be designed in a
manner that they are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened and/or
not visible from surrounding public streets.
Vehicle storage facility. All vehicles stored at any vehicle storage facility
shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013)
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1
(Use Matrix for Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same
site as a permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and
maintained to be compatible with the permitted or the approved conditional uses in the
vicinity.
C. Commercial communication tower. All communication towers and
antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower
and Antenna Regulations).
D. Adult entertainment. AM uses defined as adult entertainment are required
to meet the provisions established by Section 25.34.110 (Adult Entertainment
Establishments).
E. Commercial (ancillary). Applicable only to office complexes that occupy
a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross
leasable floor area and the total ancillary commercial uses. including restaurants. shall
not exceed 25 percent of the gross leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60.000 square feet
in PC-3.
G. Medical services, accessory. Permitted only when ancillary to and in
conjunction with the operation of a hotel.
H. Restaurants. y,+M-tt e exoept4o, t?4e Freeway-Co+x1meroial
drive-4n and drve-through facifrties are prohiblted.Drive-through and drive-in facilities
perritted by a conditional use permit as follows:
1. Permitted locations.
Within Freeway Commercial Overlay District
On arterial streets with a freeway interchange tor planned
interchange). Generally on the following streets and as indicated in Figure
23 1()-2. Monterey Avenue and Portola Avenue from the northern city boundary
to the north side of Gerald Ford Drive; and Washington Street from the northern
city.boundaly to the north side of Dudley Dnve.
2 Development standards.
Drive -through lanes and window facilities shall be designed in a
manner that they are screened and'or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened andior
not visible horn surrounding public streets.
Vehicle storage facility. All vehicles stored at any vehicle storage facility
shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013)
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Extent of Permitted Locations on Arterial Streets
C[NIITY MAP
City Boundary
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 17-028
NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REVISE PALM
DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC USE STANDARDS" FOR
COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE -THROUGH
RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE (OR
PLANNED INTERCHANGE)
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), has determined that the proposed Zoning
Ordinance Amendment (ZOA) will not have a negative impact on the environment. Individual
development proposals, which will utilize the Conditional Use Permit (CUP) process, will
undergo additional environmental review as part of the CUP process prior to any development
associated with the CUP.
Project Location/ Description:
Proiect Location: On arterial streets with a freeway interchange (or planned interchange).
Generally on the following streets: Monterey Avenue and Portola Avenue from the northern city
boundary to the north side of Gerald Ford Drive; and Washington Street from the northern city
boundary to the north side of Dudley Drive.
Code Amendment:
Palm Desert Municipal Code Section 25.16.040H "Specific Use Standards" for Commercial and
Industrial Districts is being amended to expand the permitted locations for drive -through
restaurants in Palm Desert in accordance with the Palm Desert General Plan update. The
proposed ordinance amendment reads as follows:
25.16.040 Specific Use Standards
The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix
for Commercial and Industrial Districts):
A. Caretaker housing. Permitted only when incidental to and on the same site as a
permitted or conditional use.
B. Residential (mixed use). Residential uses may be established and maintained to be
compatible with the permitted or the approved conditional uses in the vicinity.
C. Commercial communication tower. All communication towers and antennas shall
satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna
Regulations).
D. Adult entertainment. All uses defined as adult entertainment are required to meet the
provisions established by Section 25.34.110 (Adult Entertainment Establishments).
E. Commercial (ancillary). Applicable only to office complexes that occupy a minimum of
two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the
total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross
leasable floor area of the complex.
F. Grocery stores. Limited to a maximum building size of 60,000 square feet in PC-3.
G. Medical services, accessory. Permitted only when ancillary to and in conjunction with
the operation of a hotel.
H. Restaurants. Drive -through and drive-in facilities permitted by a conditional use permit
as follows:
1. Permitted locations.
i. Within Freeway Commercial Overlay District
ii. On arterial streets with a freeway interchange (or planned interchange).
Generally on the following streets and as indicated in Figure 25.10-2: Monterey Avenue
and Portola Avenue from the northern city boundary to the north side of Gerald Ford
Drive; and Washington Street from the northern city boundary to the north side of Dudley
Drive.
2. Development standards.
i. Drive -through lanes and window facilities shall be designed in a manner that they
are screened and/or not visible from surrounding public streets.
ii. Drive -through vehicle queue must be permanently screened and/or not visible
from surrounding public streets.
I. Vehicle storage facility. All vehicles stored at any vehicle storage facility shall be
completely screened.
Planning Commission Recommendation: The City of Palm Desert Planning Commission
reviewed Case No. ZOA 17-051, and supporting documents at their meeting on March 21,
2017. The Planning Commission voted in favor (5-0) recommending approval of the ZOA.
Recommendation: Staff is recommending that the City Council uphold the Planning
Commission's decision and adopt an ordinance approving the changes to the Zoning
Ordinance.
Public Hearing: The public hearing will be held before the City Council on April 13, 2017, at
4:00 pm.
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 Planning Commission hearing. All comments and
any questions should be directed to:
Heather Buck, Assistant Planner
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
hbuck @ cityofpalmdesert.org
PUBLISH: DESERT SUN
April 1, 2017
Rachelle D. Klassen, City Clerk
City of Palm Desert, Califomia
2
1
Lundin
Development Co.
April 11, 2016
Mr. Martin Alvarez
Director of Economic Development
Mr. Robert A. Spiegel
Honorable Mayor of Palm Desert
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Martin,
Thank you for taking the time recently to meet with your planning department associate, Eric, and us to
discuss in greater detail the proposed commercial retail development on the southwest corner of
Washington St. and Ave. of the States.
In follow up to our conversation, for the highest and best use development of this site, we strongly feel
that it is imperative to incorporate a drive thru component for the following reasons:
First of all, a drive thru location is important in the proposed Shopping Center, as most of the
surrounding retail centers in the immediate area have existing drive thru locations. For example, both
the Ralphs Shopping Center and the Rite Aid Shopping Center, located across the street from the subject
property, have multiple drive thru uses, such as name brand fast food, coffee, and drug stores (i.e. Jack
in the Box, Just Java, KFC, Walgreens, Rite Aid, and Weinershnitzel). In order for this project to better
compete with these retailers and properties, it is essential for this new development to be able to
attract similar types of retail by having at least one beacon drive-thru user as an anchor for this project.
Secondly, most retailers today, especially quality restaurants, are very focused on drive-thru locations.
In fact, most of the National fast casual and casual dining chains (which are a step up from typical fast
food operations), such as Panera Bread, Starbucks Coffee, Coffee Bean, Jamba Juice, along with chicken,
sandwich, and Asian themed restaurants are all implementing drive thru locations within new (and
existing) Shopping Center developments. Several National name brand restaurants are currently
interested in this particular location for a drive-thru restaurant.
Thirdly, the proposed site plan can work very well with a single drive-thru component. As the current
drive-thru site plan allows for better circulation and parking around the proposed buildings, less
customers would need to utilize the proposed parking, as many restaurant goers would opt to remain in
their cars for the drive thru experience. For example, during seasonal periods of intense heat, or
nighttime periods of intense cold, many customers would prefer to use a drive-thru location as opposed
to venturing outside to brave the elements. Other drive thru locations in the desert are a testament
to this fact. This drive thru component would also be very complimentary to the other non-drive-thru
shops proposed for the Center, as this variety could provide more options for the customer. The
addition of a drive-thru component would also not diminish the attractiveness or materially change the
location of the building placement, as shown on the site plan originally approved by the City of
Palm Desert.
The fourth reason for having a drive-thru in this project, is that we have learned through the
development of commercial retail Shopping Centers that drive-thru locations are often favored by
retailers, as they provide an often needed retail sales increase. We have learned that this increase can
be as high as a 50% increase in sales for a restaurant to have a drive-thru, as opposed to not having one.
That being said, in more suburban or non -urban markets, such as Palm Desert, most retailers will insist
upon a drive-thru location over a non-drive-thru location in order for a new store to be built. This
increase in sales from a new retailer equals higher revenue. Higher revenue means greater sales taxes,
which is instrumental for a strong community such as Palm Desert.
The fifth reason to have a drive thru within this project, is that change is a good thing. In this changing
retail landscape, flexibility is the name of the game. In the Ralphs Center across the street, The County
of Riverside recently permitted Ralphs to open a Ralphs branded gas station, which we understand is
doing very well, and has been very well received by their customers. This new gas station is undoubtedly
competing with the Shell station on the Palm Desert side of the street. We understand that there are
also multiple other retail drive-thru opportunities in the works on the east side of Washington St.
Because of this, it would seem imperative for the City of Palm Desert to not only seize the opportunity
to adapt to the changing retail requirements and to support the integration of a drive-thru component
into a proposed Shopping Center, such as this one, but to also prevent losing existing and future
restaurants to other properties that may offer the enhanced drive-thru opportunities.
Finally, focusing on Palm Desert, we know that new drive-thru locations have opened in the City of Palm
Desert, such as the new Panera Bread on Monterey Ave. near the 1-10 Freeway. From speaking with
Panera Bread, we understand that this location is doing very well, and in particular, due to the drive thru
component, as this is the first drive-thru Panera Bread in the Coachella Valley. We also recognize that in
other parts of Palm Desert, proposed new drive-thru locations are also being considered by other
national retailers. We strongly believe that a drive-thru restaurant within this proposed new
development, located along busy Washington St., is essential to make this project an even stronger one.
We would like to thank the City of Palm Desert for consideration of a drive-thru component, as a part of
the new Palm Village Shopping Center.
Please contact me with any comments or questions.
Sincerely,
Michael Lundin
Lundin Development
Canaan Pacific
(562) 307-7272
michael@canaanpacific.corn
cc: Mr. Herb Lundin- Lundin Development
Mr. J. Scott Fawcett- Marinita Development