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HomeMy WebLinkAboutZOA 15-03 - Reflect the New Specific Plan OrdCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 15-03 DATE: January 28, 2016 CONTENTS: 1. City Council Ordinance No. 1303 2. City Council Resolution No. 2016- 17 3. Planning Commission Resolution No. 2659 4. Exhibit A — Section 25.78.080 "Specific Plans" 5. Exhibit B — Section 25.28.060 "Planned Community Overlay District' 6. Exhibit C — Section 25.28.070 "Freeway Commercial Overlay District' 7. Exhibit D — Section 25.60.060 "Public Hearings and Public Notice" 8. Exhibit E — Section 25.99.020 "Land Use Definitions" 9. Desert Sun Legal Notice 10. Notice of Determination — Negative Declaration Recommendation Waive further reading and adopt and; 1. Pass Ordinance No. 1303 to second reading, approving Zoning Ordinance Amendment 15-03 to repeal Section 25.72.040 and to establish Section 25.78.080 for Specific Plans, and make minor amendments to Section 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to make them consistent with the new Specific Plan Ordinance. 2. Adopt Resolution No. 2016- 17 approving a Notice of Determination of a Negative Declaration for Zoning Ordinance amendment 15-03. Staff Report ZOA 15-03: Specific Plan Ordinance Page 2 of 5 January 28, 2016 Executive Summary Staff is recommending that the City Council consider repealing the existing "Development Plan" ordinance and adopt a new "Specific Plan" ordinance with minor code amendments to make the zoning ordinance consistent. Specific Plans are long-range planning documents that establish goals, policies, and a land use pattern over a geographic area. These documents are helpful in considering larger and more complex development proposal, such as The Millennium Palm Desert Specific Plan. Planninq Commission On December 1, 2015, the Planning Commission reviewed staff proposed ordinance amendments and voted in favor of recommending approval of the request to the City Council with a 5-0 vote. Backqround In March 2015, the City Council approved The Millennium Palm Desert Specific Plan to establish a land use plan that covered 150 acres bounded by Gerald Ford Drive to the south, Portola Avenue to the west, Technology Drive to the east, and Union Pacific Railroad to the north. This specific plan document was approved by ordinance with a Development Agreement and in accordance with state specific plan guidelines published by the Governor's Office of Planning and Research (OPR). The City is currently processing another specific plan to establish a land use plan for over 170 acres previously controlled by the former Redevelopment Agency. These types of long-range planning documents are useful in todays development environment, as such, staff wishes to establish a specific plan ordinance to establish guidelines for the processing of such documents. Proiect Description Specific Plans are a planning tool for the implementation of the General Plan within a defined geographic area. They may be general to establish planning and policy concepts to a particular area, or very detailed to direct specific development proposals. Specific Plan documents allow public agencies to create flexible standards for the development of a wide range of projects and to execute long-term goals of the General Plan. Specific plans are enabled by the state under Government Code sections 65450 - 65457 and are used to: • Establish land use distribution, intensity, and location. • Establish utility and infrastructure distribution and location. • Establish development and design standards for development. • Review implementation measures, project financing, and phasing. • Include statements of their relationship to General Plan policies and goals. Staff Report ZOA 15-03: Specific Plan Ordinance Page 3 of 5 January 28, 2016 The proposed specific plan ordinance was prepared in accordance with the Government Code sections listed above. The ordinance also includes special considerations of staff to make the ordinance consistent with other municipal code sections. As proposed, the ordinance includes: • Purpose of specific plan documents. • Requirements for the preparation of specific plan documents. • Who may initiate the specific plan process. • Findings required supporting approval of specific plan documents. Master plan and specific plan are used interchangeably in the City's Zoning Ordinance and throughout the development community. However, specific plans are distinct from master plans in that the state's Government Code Sections 65450 — 65457 established guidelines for the preparation and applicability of specific plan documents. As part of this application, amendments to the City's Zoning Ordinance are proposed to replace "master plan" with "specific plan." In order to ensure consistency within the municipal code staff's is proposing several other code modifications as described below. Section 25.72.040 — Development Plans This section of the municipal code is proposed for deletion. Section 25.28.060 — Planned Community Development Overlay District Staff is proposing amendments to Section 25.28.060 "Planned Community Development Overlay District' (PCD) to replace "master plan" with "specific plan." Replacing this wording makes this section consistent with the specific plan ordinance and continues existing policies for the development of land within this zoning district. Minor amendments to this section are also proposed to clarify the applicability and the requirements and procedures, for processing applications within the PCD. Section 25.28.070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOD) are proposed to replace "master plan" with "specific plan." New language is inserted to clarify the applicability of the FCOD based on property proximity to Interstate 10. Many properties with this designation are developed. Staff is recommending changes to clarify that specific plan documents are only necessary for new developments within this zone. Existing developments are not required to prepare specific plans and may continue to operate and develop in accordance with previously approved plans. Section 25.60 — Procedures Staff Report ZOA 15-03: Specific Plan Ordinance Page 4 of 5 January 28, 2016 Section 25.60.060 "Public Hearing and Public Notice" describes the process for noticing public hearing applications. Subsection 25.60.060A — "Public hearing required' lists both "master plan" and "specific plan." Staff proposes to strike "master plan" to make this section consistent with the specific plan ordinance. Section 25.99.020 — Land Use Definitions "Specific Plan" is currently defined in the City's Zoning Ordinance. Staff proposes to expand on this definition to clarify its' definition and to reference that the documents be prepared in accordance with the requirements of the State's Government Code sections. Other amendments to land use definitions include replacing the term "development plan" with "specific plan" for the "Planned Development," "Planned Unit Development Industrial," and "Planned Unit Development Residential' definitions. Analvsis Specific Plan The Specific Plan Ordinance was prepared in compliance with the requirements contained in Government Code Sections 65450 — 65457 and in accordance with the guidelines published by the Governor's Office of Planning and Research (OPR). Staff researched specific plan ordinances from around the state and compiled a list of their requirements and formats. This information was used to evaluate which topics and criteria should be included in the City's ordinance. As proposed, the ordinance includes: statements regarding the purpose for preparing specific plans; it provides references to state law allowing the preparation of specific plan documents; it lists when specific plans are required; it establishes who may initiate the specific plan process; and it requires that the City Council make specific findings when reviewing specific plan proposals. The language contained in the ordinance is unambiguous and clearly indicates when a specific plan application is required. The specific plan ordinance is a beneficial planning tool that provides the City flexibility in evaluating larger, more complex development scenarios. The ordinance provides for long- term planning, anticipation of phasing plans, and consideration for the timing of infrastructure improvements along the development timeline. The language in the ordinance is broad enough to allow multiple parties to apply for a specific plan. Property owners and developers may initiate the process for specific developments; the City Council and Planning Commission may initiate it for specific purposes; and the Director of Community Development may initiate it for governmental purposes; such as the case with the land controlled by the City' former Redevelopment Agency. Development Plan The proposal to eliminate the City's "development plan" process was reviewed by staff in conjunction with preparing the specific plan ordinance. Development Plans are a redundant Staff Report ZOA 15-03: Specific Plan Ordinance Page 5 of 5 January 28, 2016 application process with limited applicability. With a specific plan process, development plans will become obsolete, as specific plans will establish all design criteria and development standards within the project area. Staff believes that the same procedures for review, processing, and public hearings will remain materially unchanged by eliminating the development plan section of the zoning ordinance. Other Code Amendments "Master plan" and "specific plan" are used interchangeably in the City's Zoning Ordinance. Amendments to Sections 25.28.060 and 25.28.070 are made to make them consistent with the specific plan ordinance. In addition, minor amendments are made to these code sections to clarify existing language within the ordinance. Fiscal Impact There is no direct fiscal impact to the City to establish this ordinance. In the future, should the City choose to execute its own specific plan document, cost associated with that document will be brought forward for City Council approval. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. In this case, staff completed an initial study to review the potential impacts of the Zoning Ordinance Amendment. Staff has determined that there are no significant impacts associated with the proposed code changes. All new projects subject to specific plan approval will be reviewed under a new application and brought forward to the City Council for their consideration. Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes. Submitted By: Eric Ceja, Ass ate Planner C anager: J n Wohlmutii, City Manager Department Head: Ryan Ste dell, Director of Community Development RESOLUTION NO. 2016- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR ZONING ORDINANCE AMENDMENT 15-03 TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE OTHER MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE WHEREAS, the City desires to repeal Municipal Code Section 25.72.040, and establish a new Specific Plan Ordinance under Municipal Code Section 25.78.080, and make other minor municipal code amendments to Sections 25.28.060, 25.28.070, 25.60.060, and 25.99.020 through adoption of a zoning ordinance amendment known as 15-03 (the "Project"); and WHEREAS, the proposed Project will make certain changes to the Palm Desert Municipal Code Section to establish a Specific Plan Ordinance in accordance with State Government Code Sections 65450 - 65457; and WHEREAS, the Specific Plan Ordinance provides proper planning tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), and the City's local CEQA Guidelines (collectively, "CEQA"), the City is the lead agency for the proposed Project; and WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial study ("Initial Study") was prepared for the Project to analyze whether the Project may cause a potentially significant effect on the environment; and WHEREAS, the City, as lead agency, has determined that a Negative Declaration ("ND") should be prepared in order to analyze the Project's potential environmental effects; and WHEREAS, the City circulated the ND and Initial Study for public review in the manner required by CEQA for a twenty -day review and comment period pursuant to Public Resources Code section 21091(b); and WHEREAS, the City Council has carefully reviewed the Project, the ND, the Initial Study, all comments received on the documents, and all other information contained in the record regarding the Project; and RESOLUTION NO. 2016. 17 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Compliance with the California Environmental Qualitv Act. As the decision -making body, the City Council has reviewed and considered the information contained in the record as a whole in connection with the Project and the ND. The City finds that the ND, Initial Study, and administrative record contain a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds that the ND and Initial Study have been completed in compliance with CEQA. SECTION 2. Findings on Environmental Impacts. Based on the whole record before it, including the ND, the Initial Study, the administrative record, and all other written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are less than significant. The City Council further finds that there is no substantial evidence in the administrative record as a whole supporting a fair argument that the Project may result in any potentially significant environmental impacts. The City Council finds that the ND contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent judgment and analysis of the City Council. SECTION 3. Adoption of ND. The City Council hereby adopts the ND prepared for the Project, a copy of which has been provided to each City Council Member and is on file at the City's offices. SECTION 4. Approval of the Proiect. The City Council hereby approves the Project. SECTION 5. Notice of Determination. The City Council directs staff to prepare and file a Notice of Determination with the Riverside County Clerk within five (5) working days of the approval of the Project. SECTION 6. Custodian of Records. The custodian for the documents and materials that constitute the record of proceedings on which these findings are based is Associate Planner Eric Ceja, and the documents are available for public review at the Palm Desert Civic Center. SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and the City Clerk shall certify this Resolution was duly and properly adopted by the City Council. G \Planning\Enc Ceta\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Heanngs\C ty Councd\CC - Resolution.cloc RESOLUTION NO. 2016- 17 PASSED, APPROVED AND ADOPTED this 281h day of Januarv, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL MAYOR ATTEST: RACHELLE D. KLASSEN, MMC CITY CLERK, CITY OF PALM DESERT, CALIFORNIA GAPlannmg\Enc Cela\Case Files2OA\ZOA 15-003 Speafic Plans\Public Heanngs\Cty Council\CC - Resolution doc PLANNING COMMISSION RESOLUTION NO. 2659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE CASE NO: ZOA 15-03 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 sc day of December, 2015, 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 Planning Commission of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plan" creates a redundant application process already covered by the City's precise plan application process; and WHEREAS, establishing a Specific Plan Ordinance provides the City an additional planning tool for the initiation, review and processing of larger, more complex, development proposals; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect changes implemented by the removal of the Section 25.27.040 "Development Plan" and the addition of Section "25.78.080 "Specific Plans;" and 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, the Director of Community Development has determined that the project will not have a negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration in accordance CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: 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 of the Planning Commission in this case. PLANNING COMMISSIC. - RESOLUTION NO.2659 f 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 15-03 as proposed. } PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15t day of December 2015, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE K N STEf�yDELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx 2 PLANNING COMMISSIO, RESOLUTION NO.2659 EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. GAPlanningWlonica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx 3 PLANNING COMMISSI�_. RESOLUTION NO.2659 EXHIBIT B 25.28.060 Planned Communitv Development Overlav District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish lard areas for coordinated land use, and Raster specific planning purposes that may include multiple properties. Appreval of a-Sevelepnt Plan Specific plan approval, as outlined in Section 25.'71-TT .040 25.78.080, is required for the development 444o Plannad-Comm unity Overlay diset of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 499 10 acres shall be required for a planned community development. 2. Maste Specific plan required. Any application for c plsnnQd-Eommunity the development of a parcel(s) in the PCD overlay zone shall be accompanied by a rRaster specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in er►e single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a Roaster specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. andSpedf4o r10n demeRtthe Dciztr+mont oh/all raview- th v-z lisat+eR n 26.71.E 2. The Plcnning-Gvmmiuci \n J�all hsk c pOli th,E--C�ommicrir'n fiRds the nriteria 6 forth in this 25 7-8 nQn have heen mot' it mQy—coW I`oh the overlay Bonn 06k-lCstW SUGh setnditisnz Lc it d-a-.\-nj naeessary—T-fie—Gommivsn may deRy the applica. icnc if it findr. aRy of the Grit,-,ric he\,e-net-beeR-met, „r that the i GAPlanningWonica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx IR PLANNING COMMISSION oESOLUTION NO. 2659 �. air- ewal of th ontal to tht p&ltipeaGe h safety, welfare. elfare 3 GhaRge of ZGRe and Spec fio Plan appliGationo ohcll be rded-fer a pu"lie, heaFiRg with the City . oil, in 25.78.090, may appravo, aplx.ave ;i� ,---m9diif+eat;GRS, er—deRly the ounoil shall a� master GpeGifk; plaR OF or mocrial cppraved-as o null snd-Agd if tho p Feselutier+orzlahlichmg 4hn nnn_ 2. ARz denSiGR of-time,R6t -te eXGeed eR",,oar, MRy be 'vFaRted by the Gommioei^" `" hen evte", iatinn oumotan-^oo r,;;n. hn nle^rly shGWR by the app-i+oant. T vo ohall ybe c%.r mitted to the Gommiooi 1(pirsi2" date and V ,WII ^IeaF! i state the s eh eyerlay zG44v hw net beer, wtilize4.- 11 Dartial phy sr m=taF spesa#io plan ie +�C G S.,e e o maintain the, the oil in the fern; of a Znr,ir,n ameRd not io required to alter the be61adaFix, mastaar- ; plan, ar develepnt otandards. G1PlanningWlonica ORedly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx 5 PLANNING COMMISSIG.. RESOLUTION NO. 2659 EXHIBIT C r 25.28.070 Freewav Commercial Overlav District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of a variety specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses e4-y conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit shall be are as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. - 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. �._. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. C. Development standards. PFejeGts pFepesed 6IRGIor this ter shall hru msctcr plaRRed and tht mxtcr pin ahcll ", Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: ithin tho c :pr c Ick,.,n preeess. 7 PFepeFty to be maa cr pl annsd :hQll h-at4ovj . E es�Foc in :lie ohall hQv-e rivl ctmet-. 3. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section ' 25.34.090 (Automotive Service Stations). GAPlanningW onica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx R PLANNING COMMISSIO'► yESOLUTION NO. 2659 6. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All masWr plannsd commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. GAPlanning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx 7 PLANNING COMMISSIC.. RESOLUTION NO.2659 EXHIBIT D r- 1 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, Master plaR, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet - of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one -eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: r t i. A brief statement explaining the criteria and standards considered relevant to the decision. GAPlanningWonica OReilly\Planning Commission\2015\Resolutions\Res. No. 2659 Specific Plan.docx R PLANNING COMMISSION , IESOLUTION NO. 2659 ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re -noticed. GAPlanningWonica OReilly\Planning Commissiont2015\Resolutions\Res. No. 2659 Specific Plan.docx PLANNING COMMISSI& . RESOLUTION NO.2659 EXHIBIT E 25.99.020 Land Use Definitions A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types definite statement-adeptedby ^rdi^a^^e of —;SIT^ standards -Intl regulations, together ith s map eilsloa, atsnderds, and regulatieRS ago &pplioabla pursuant to the requirements of the Government Code of the state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved develepmeRt plaR specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved deuelepmcnt Peen specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. D. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved develepmsnt p!cn specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. GAPlanningWonica OReilly\Planning Commission\2015\Resolutions\Res. No 2659 Specific Plan.docx 10 ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA REPEALING PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPTING A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did on the 28th day of January, 2016, 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 Planning Commission of the City of Palm Desert, California, did on the 1s' day of December, 2015, hold a duly noticed public hearing and recommended approval of the request by the City of Palm Desert of the above noted; and WHEREAS, the City Council of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plans" of the Palm Desert Municipal Code creates a redundant application process already covered by the City's Precise Plan application process; and WHEREAS, an Ordinance to establish a process for Specific Plans is supported by State Government Code Title 7 — "Planning and Land Use", Chapter 3, Article 1 — "Local Planning", sections 65450 — 65457 — "Specific Plans", which allow local legislative bodies to carry out planning functions within their jurisdictional boundaries; and WHEREAS, the City Council of the City of Palm Desert, California, wishes to establish a Specific Plan Ordinance to provide proper tools for the initiation, review and processing of larger, more complex, development proposal; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect the changes proposed in the Specific Plan Ordinance; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve said request: 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 ORDINANCE NO. 1303 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. Repeal of Palm Desert Municipal Code Section 25.72.040 "Development Plans". SECTION 3. Adoption of a Specific Plan Ordinance as Palm Desert Municipal Code Section 25.78.080 "Specific Plans". Section 25.78.080, of the Palm Desert Municipal Code is hereby adopted to read as follows: 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. GAP Ian ning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc ORDINANCE NO. 1303 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. SECTION 4. Amendment to the Palm Desert Municipal Code. Section 25.28.060, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.060 Planned Community Development Overlav District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish areas for coordinated land use, and specific planning purposes that may include multiple properties. Specific plan approval, as outlined in Section 25.78.080, is required for -the development of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 10 acres shall be required for a planned community development. 2. Specific plan required. Any application for the development of a parcel(s) in the PCD overlay zone shall be accompanied by a specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc ORDINANCE NO. 1303 SECTION 5. Amendments to the Palm Desert Municipal Code. Section 25.28.070, of the Palm Desert Municipal Code is hereby amended to read as follows: 25.28.070 Freewav Commercial Overlav District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses GlPl­IY conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit are as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive sales new and used (Outdoor/Indoor). C. Development standards. Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: 1. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 2. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 3. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 4. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc ORDINANCE NO. 1303 occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. SECTION 6. Amendments to the Palm Desert Municipal Code. Section 25.60.060, subsection A, of the Palm Desert Municipal Code is hereby amended to read as follows: A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. SECTION 7. Amendments to the Palm Desert Municipal Code. The following definitions are hereby amended in the Palm Desert Municipal Code Section 25.99.020 "Land Use Definitions" in alphabetical order: "Planned Development." A development of parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. "Planned Unit Development industrial." A development of industrial parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Planned Unit Development residential." A development of residential parcels of land as a coordinated project which has been developed according to an approved specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. "Specific Plan." A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types pursuant to the requirements of the Government Code of the state. GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc ORDINANCE NO. 1303 SECTION 7. 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 8. 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 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 281h day of January. 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GAPlanning\Eric Ceja\Case Files2OA\ZOA 15-003 Specific Plans\Public Hearings\City Council\City Council Ordinance.doc CITY COUNCIL ORDINANCE NO. EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. CITY COUNCIL ORDINANCE NO. EXHIBIT B 25.28.060 Planned Community Development Overlay District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish lager areas for coordinated land use, and maste specific planning purposes that may include multiple properties. Appreval of s Do,.,elepmcn! Plan Specific plan approval, as outlined in Section 25.72!2110 25.78.080, is required for roval of a the development in the Pl Rned Gomm, �ni y of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of 4W 10 acres shall be required for a planned community development. 2. Master Specific plan required. Any application for a-planno� semmuni`y the development of a parcel(s) in the PCD overlay zone shall be accompanied by a waste specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in ene single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. 5. Development Plans. Development Plans previously prepared and adopted for developments within the PCD shall remain valid for all existing development projects. However, amendments to these plans will require preparation of a Specific Plan document to be approved in accordance with Section 25.78.080. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a master specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council. and other information as required by the Director. 1. 'Upon rzce4"f o ccmplet❑ Chcngc of Zor/j ca-F ation fu aa-oyerlAy zone snd opocific przn "6.�,n� a Cupartmentsha'�oVie`/l the ��l+satie materials and propore s rccvmmendation to he Planning �i rmr��^n^"ririu City GAI 16,I in a----cordonoo "4h-Sootion 25.7R �99. CITY COUNCIL ORDINANCE NO. 2. Trio Pla-nning Co-mmi-s6on a publio hoaring on :.uoh applim:kw�# the-✓ommiccon firOt tho critoria zc� fcrth in thi[, ohR-ver cnd in iootion 19.79.M' havo boon rr�ot, it mey "--�e,:Iich tho cN --rlay zaoru v.Ikjva tc --wch seRditier►o sc it doemo rvvQooary, Tho Ccmm„ssiGn may dons• tHr appliGartiono if it fiFxdo R,ny of tho oritori& rra�\3 not boep-4Rct, or that the approvcl of the applicction would tQ �otrimantsl to tho publio pogo, h& lth, ocfri)N or viel-far4a- 2. Chongc c{ 1ona and &po3ifio flan ej.:ai "icns-shaP re frvwQr' c'j for it pOD�k lao inC Wth too rite{--Counail. Thy ✓oun3il, in c000r�anao with geotien 22.78.980, may cpp, ovo, approvo with modifioaticnz, or alone th appiiorat4ono. Tho cf the-Ceur►oil ha!I ba fines. E. T^.: m'nat'on of rivefflay zone. 1. The c�`c lvy zono and and, m"�cr cpu-,dfio plan er c�hlv mcit•3rici spprevvc "c a pert theroof ohsll b000mo null e,id v3id if tho phyaicQ1 6o\t^ pmv\nt of the riot io not oommon�� within two (2) yoaro from data of adoption of the rornolution eotp.-1\4 +ng th. ---,ono. 2. An wd ncien of tim3, nat to oi1G\0ed ona may be graMcon' by tho wh n ontonuating &oum3.er000 oan bo oloerly ohe*vn by the appiioant. Tho roqumt for an oxonubn of time chcll "c v&mittc� to trr micven in writing prier to the c�xj ire icn data are 3h2;1 3loarly Jwte the mono why the physiool devolopmont of tho dio.riot hcc not Commoncvc cnd ou3h ovorlsy era hao not h^ftxn v`iliz�. 3,4Aortial phyoi3a; d3;�o1opmr3nt vir,thin tho ov3day and/or ma3tor opoo fio plan is cone;c!i&\,tid cufficont to me;ntc*4hrc ovw!cy zenv &- i5nctien, and tto Councl in the form cf a rani , nt is rogcirD,� tc after tkae boundoric❑, mackor gpcoifio plan, er &-vck1 nient otan&ram. K CITY COUNCIL ORDINANCE NO. EXHIBIT C 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of -a- mfiet specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses er4y conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit shall be are as follows: 1. Restaurants, general, including drive -through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10. Automotive sales new and used (Outdoor/Indoor). C. Development standards. Projvotc primed—undor this for chi!;—;sue-�^ter piawiod t-nd th_--ma:tor plan Oall be ctp'pro� Ly thv to any oonotruotion aotiv#�F, Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards - a, Development of indi idol pro aata within the a1�ovcd mask-W plan chat/ -be pr ovoc€cd through tha provivo plae-pReGe6s: 'arty W ba maotor pl3rw ed-shad bo at lGa3t 5 ao�1* in oizo and ahag-have ftenta gc en a �c ' isl ctre/it. 3. Drive -up lanes and window facilities shall be designed in a manner that they are not visible from an arterial street. 4. Development standards shall generally be flexible to ensure efficient site planning and to foster the creation of attractive developments. 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). CITY COUNCIL ORDINANCE NO. 6. Specific plan documents shall be approved in accordance with Section 25.78,080 of the Zoning Ordinance. D. Required on -site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone andlor automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All ma ter plcnnvd commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. F, CITY COUNCIL ORDINANCE No. Exhibit D 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, master plan, specific plan, zoning code and/or map amendment, pre -zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one -eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: A brief statement explaining the criteria and standards considered relevant to the decision. CITY COUNCIL ORDINANCE No. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re -noticed. CITY COUNCIL ORDINANCE NO. EXHIBIT E 25.99.020 Land Use Definitions. A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types definite statamont cdcp\'1od by a7dinanoo cf polici , Standardo, and rogula h a map ✓ ^*� doocrA,,�o^iiC tho Iccsticn whoro ounh pGko;b3, 3tandafdo, and rcgulatiena a,0 OppliGable pursuant to the requirements of the Government Code of the state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved drr,Ueopmont plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved devdbprr/ant plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. D. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved dev-e?c�pmont plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 15-03 NOTICE OF INTENT RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR ADOPTION OF A ZONING ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060. 25.28.070, 25.60.060. AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of adopting a Specific Plan Ordinance and have determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment as individual development proposals, which may utilize the Specific Plan process, will undergo additional environmental review as part of the Specific Plan process and prior to any development within a Specific Plan area. Proiect Location: City-wide Code Amendment: Palm Desert Municipal Code Section 25.72.040 "Development Plans" is being repealed and a new Municipal Code Section for "Specific Plans" is being introduced. The Specific Plan Ordinance complies with State statutes and guidelines for the preparation of specific plan documents for master planning purposes. Minor amendments to the zoning ordinance will include replacing all references to "development plans" with references to "specific plans", and amending municipal code definitions accordingly. The proposed code amendment reads as follows: 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following 1. The Council; 2. The property owner or property owner's agent; 3. The Commission; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. Recommendation: Staff is recommending that the City Council adopt the changes to Zoning Ordinance as proposed. Public Hearing: The public hearing will be held before the City Council on January 28, 2016, 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 on this project is from January 15, 2016 to January 28, 2016. Public Review: The Zoning Ordinance Amendment 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, 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, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk January 15, 2016 Palm Desert City Council NEGATIVE DECLARATION 1. Name or description of project: Specific Plan Ordinance 2. Project Location - Identify street City-wide address and cross streets or attach a map showing project site (preferably a USGS 1 5' or 7 1 /2' topographical map identified by quadrangle name): 3. Entity or Person undertaking project: A. City of Palm Desert Eric Ceja. Associate Planner B. Other (Private) The Lead Agency. having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior to the public meeting of the Lead Agency, and having reviewed the recommendation of the Lead Agency's Staff. does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings are as follows: The Specific Plan ordinance allows the City to establish processing and plan guidelines for the development of specific plan documents. Individual development projects which choose to utilize the specific plan process will be reviewed in accordance with CEQA for specific environmental impacts as they relate to that development. The ordinance. by itself, will not have a negative impact on the environment. The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: Phone No—L 60L346-0.1 1— Date Received for Filing: Staff Negative Declaration FORM "E"