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HomeMy WebLinkAboutZOA 19-0002 PCI I I Y Of P H I M 0ESERi 73-5 I o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i i info(a;cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION March 6, 2019 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Consideration of a Zoning Ordinance Amendment to Amend the El Paseo Overlay District and Downtown District The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of March 5, 2019: The Planning Commission approved Case No. ZOA 19-0002, by the adoption of Planning Commission Resolution No. 2755. Motion carried by a 4-0 vote, with Commissioner Gregory ABSENT. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Ryan Stendell, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal i~� IRIXTfD OM Rf(Y(lfD 111ER PLANNING COMMISSION RESOLUTION NO. 2755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO IN CERTAIN LOCATIONS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval to the City Council of the above noted; and WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California, did on the 17th day of January 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval of the above noted; and WHEREAS, establishing an Ordinance to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The Zoning Ordinance Amendment (ZOA) provides criteria on where office uses will be permitted, the type of office uses, and requires the approval of a Conditional Use Permit (CUP); and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance bring the documents into conformity with the adopted General Plan. 1 PLANNING COMMISSION RESOLUTION NO. 2755 SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt amendments as shown in Exhibit "A" and Exhibit "B" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of allowing office uses will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of March 2019, by the , following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO.2755 1 1 Exhibit "A" 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and cosmetology). 10. Restaurants. 11. Sundries shops (general merchandise). services (including barbering and C. Conditional uses. The Planning Commission may, by a Conditional Use Permit, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013) 1. The type of office professional uses that may be allowed. A. Professional offices (e.g. accounting, attorneys, and investment firms). B. Offices engaged in the production of intellectual property (e.g. advertising, architectural, photography, and travel agency). C. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi -government uses. D. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 3 PLANNING COMMISSION RESOLUTION NO. 2755 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. Exhibit "B" 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Staff is proposing to add the following language to Footnote 1, "Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." 1 1 4 r MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 2019 the rules the Zoning Administrator and the City are following bureaucratic relics. He expressed that this is a law set by the City Council and can be changed. He asserted that residents knew the RE zone existed or potentially existed and now residents are blaming the City for throwing this item on them at the last minute. Therefore, he is not persuaded there is a sufficient reason to overturn the appeal and the nature of an AUP. With that said, he moved to adopt staff's recommendation. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2754, approving Case No. AUP 19-0001, subject to the conditions of approval. The motion was seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). D. REQUEST FOR CONSIDERATION to recommend approval of a Zoning Ordinance Amendment to the City Council amending the El Paseo Overlay District and the Downtown District to allow professional office type uses on the ground floor fronting El Paseo; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. ZOA 19-0002 (City of Palm Desert, California, Applicant). Mr. Ceja outlined the salient points in the staff report and offered to answer any questions. Commissioner DeLuna commented that the amendment would prohibit medical offices. She asked if current medical offices would need to relocate or the City would grandfather them in. Mr. Ceja replied that the City would grandfather in current medical offices. Commissioner DeLuna asked what would happen with the post office. Mr. Ceja responded that the post office resides outside of the El Paseo Overlay District and the Downtown District. Commissioner Greenwood asked why medical offices were precluded. Mr. Ceja believed it had to do with parking and timing. People visiting medical offices are usually there for an hour or more. Mr. Stendell added that the City Council directed staff to look at office uses that would add shoppers and restaurant goers to the street. He explained that staff did not feel medical offices fit the description. Additionally, medical offices require more parking. Commissioner DeLuna inquired if the amendment would prohibit attorney offices. Mr. Ceja replied no and referred to Exhibit A, Section B. The section discloses permitted office uses. Commissioner Greenwood asked if the adjacencies and buildings that have both El Paseo and Presidents' Plaza frontages apply. He also asked if the adjacency applies to the read of Presidents' Plaza. 10 MINUTES 1 ' PALM DESERT PLANNING COMMISSION MARCH 5, 2019 Mr. Ceja replied no, stating that the frontages along Presidents' Plaza are not included in the overlay. Vice-Chair Holt pointed out that a word is missing in Exhibit A, Section C, and Item B after the word intellectual. Mr. Ceja responded that staff would add the word "property." Vice-Chair Holt inquired how staff would maintain the 15 percent of ground floor office frontage within each block. Mr. Ceja responded that all office uses would need a CUP. A CUP would allow staff to do an analysis on the lineal frontage and allow the Planning Commission to review the plans. Mr. Stendell interjected that a geographic information system (GIS) layer would assist staff in maintaining the 15 percent of ground floor frontage. Commissioner DeLuna inquired if a massage parlor would be allowed on El Paseo. In the past, Mr. Stendell said that the City allowed massage parlors with a CUP on El Paseo. Mr. Ceja noted that massage parlors are allowed on El Paseo; however, the City's massage ordinance requires a 1,000 feet separation from another massage establishment. With massage parlors on Highway 111, it is difficult to have a massage parlor on El Paseo. Commissioner DeLuna inquired if the massage parlor would need to be part of a day spa. Mr. Ceja explained a massage parlor could not be the primary use; therefore, it would have to be part of a day spa. Vice-Chair Holt asked if engineering and architectural offices would be allowed on El Paseo. Mr. Ceja said yes, subject to a CUP. Vice-Chair Holt declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. MICHAEL CORLISS, El Paseo, Palm Desert, California, stated that he and Ms. Masha Vincelette are in favor of the Zoning Ordinance Amendment (ZOA). They are also in favor of Case No. ZOA 19-0001. He thanked the Planning Commission for their time. MR. DAVID FLETCHER, Covered Wagon Trail, Palm Desert, California, stated he has been in Palm Desert for 35 years and manages several buildings on El Paseo. He noted that he is speaking on behalf of his company and expressed they are in favor of relaxing the ordinance. Mr. Fletcher commented that retail is changing substantially and El Paseo has always been a long street for retail. Therefore, it is more important now for the City to allow other uses as opposed to vacancies. He felt it would be better to let the property owners and the market decide the course of the uses rather than the City dictating specific prohibitions. For this reason, he recommended the ordinance be eliminated and no conditions. 11 MINUTES PALM DESERT PLANNING COMMISSION MARCH 5, 2019 With no further testimony offered, Vice-Chair Holt declared the public hearing closed. In reference to Mr. Fletcher's comments, Commissioner Pradetto said he is sensitive to that idea and letting the market take care of itself. He commented that El Paseo is an evolving thing and the ZOA is a step in that direction, and less risky. He supported the ZOA and moved for approval. Commissioner Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2755, approving Case No. ZOA 19-0002. The motion was seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Holt, and Pradetto; NOES: None; ABSENT: Gregory). E. REQUEST FOR CONSIDERATION to recommend approval of a Zoning Ordinance Amendment to the City Council amending the City's Zoning Map to expand the Downtown Core Overlay District to select parcels located along El Paseo and Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. ZOA 19-0001 (City of Palm Desert, California, Applicant). Mr. Ceja reviewed the staff report. He noted that staff mailed out a public notice and comments received were in favor of the ZOA. He offered to answer any questions. Commissioner DeLuna pointed to the map and asked if the areas shaded in red with the black hatches are the areas where four-story buildings would be allowed. Mr. Ceja replied that the areas shaded in red with black hatches is the existing Downtown Core Overlay District. Commissioner DeLuna asked if the current overlay excludes residential on the first floor. Mr. Ceja replied yes. Commissioner DeLuna asked what the addition to the overlay expansion is. Mr. Ceja pointed to the map indicating the changes to the proposed overlay expansion. He clarified that residential would not be allowed on the first floor. Commissioner Greenwood inquired if staff has any concerns or potential issues with the smaller corner lots. Mr. Ceja responded that City staff, Architectural Review Commission (ARC), and Planning Commission would thoroughly review the plans submitted for consideration. When reviewing a four-story building, they would look at stepping the building back and finding a way to make the building lighter on the street. With the increased density, Commissioner Greenwood asked if the City would consider and review parking. Mr. Ceja replied yes. 12 ~L i City of Palm Desert Speaker Card ' h Meeting Date: .4 If you are attending a City Council or other City Committee, Commission, or Board meeting and would like to address the officials, please complete the following information and give it to the City Clerk and/or Secretary in advance of the meeting. Thank you. C Name: 1� C RAC �. (3 L� J-s Address: -� — (' ( t Telephone: Subject: l would like to speak about: 0. Agenda Item? Yes_ No Support _-\ Oppose -6a© Z Completion of this card is voluntary. You may attend and participate in the meeting regardless of whether or not you complete this document. Its purpose is to aid staff in compiling complete and accurate records. Thank you for your courtesy and cooperation. �-T City of Palm Desert - Speaker Card /ram Meeting Date: If you are attending a City Council or other City Committee, Commission, or Board meeting and would like to address the officials, please complete the following information and give it to the City Clerk and/or Secretary in advance of the meeting. Thank you. Name: �%rC'S1tiq �i�tiC�Z Address: ��og� �v //i VPE-A/ 60e-j7 Telephone: 1 would like to speak about: Subject: 7oAJ/,u A- e-C- �qln 7' Pi4566 Dzf��ZG� �T��►1 � i7�/'y� � • 17�w���� Duc�n.1� Agenda Item? Yes ✓ No Support I/ Oppose Completion of this card is voluntary. You may attend and participate in the meeting regardless of whether or not you complete this document. Its purpose is to aid staff in compiling complete and accurate records. Thank you for your courtesy and cooperation. STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: March 5, 2019 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to recommend approval of a Zoning Ordinance Amendment to the City Council amending the El Paseo Overlay District and the Downtown District to allow professional office type uses on the ground floor fronting El Paseo; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Resolution No. 2755, recommending approval to the City Council of a Zoning Ordinance Amendment (ZOA) to Section 25.28.040 El Paseo Overlay District (EPOD) and Section 25.18.040 Downtown District (DD), allowing professional office type uses on the ground floor fronting El Paseo in certain locations based on the criteria identified within the Analysis section, and adoption of a Notice of Exemption in accordance with the CEQA. El Paseo Merchants Association Action On January 17, 2019, the El Paseo Merchants Association (EPMA) held a meeting to discuss and make recommendations to the City Council regarding allowing office uses on the ground floor fronting El Paseo. The EPMA had a lengthy discussion regarding office uses and generally supporting them throughout the one -mile corridor from Highway 74 to Portola Avenue in certain locations, subject to a Conditional Use Permit (CUP). The EPMA recommended the following: • Allow office uses throughout the one -mile corridor (Highway 74 to Portola Avenue). • No office uses located on corner lots. • No office uses located directly adjacent to one another. • No more than 10% to 20% of ground floor office frontage within each block. • Professional office uses only (no banks or medical). • All office uses subject to a CUP. Executive Summary Approval of staff's recommendation will approve a ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 2 of 5 uses, and approval of a CUP. The requirements are identified in the Analysis section of this staff report. In order to approve the ZOA, Section 25.28.040 EPOD and Section 25.18.040 DD must be modified. Background On November 15, 2018, the City Council directed staff to develop a ZOA to Section 25.28.040 EPOD and Section 25.18.040 DD to where professional office type uses may be allowed along El Paseo. The City Council also directed staff to contact Gibbs Planning Group to discuss this topic. In December 2018, staff contacted Gibbs Planning Group and Mr. Gibbs stated that based on the adopted El Paseo Master Plan Alternatives, mixing small amounts of professional office uses along the one -mile corridor of El Paseo would benefit the street. Office uses could fill the gaps of vacant storefronts and could provide the street with professionals and business clients during daytime hours who could dine (lunch and happy hour) and shop. He also stated not to oversaturate the street with office uses since they will take away from the City's ultimate goal of a high -end pedestrian -oriented -street with retail and restaurants as the main attraction. Below are his recommendations. • Allow office uses throughout the one -mile corridor (Highway 74 to Portola Avenue). • No office uses located on corner lots. • No office uses located directly adjacent to one another. • No more than 10% to 15% of ground floor office frontage within each block. • Professional office uses only (no banks or medical). If the City desired, to allow some form of office use on the ground floor fronting El Paseo then the following sections of the Palm Desert Municipal Code (PDMC) will require an amendment: 1. Section 25.28.040 El Paseo Overlay District: The EPOD states, "El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of new uses, which may occupy El Paseo street -level commercial frontage constructed after July 1, 1987." The EPOD only allows retail/personal service uses and does not allow office uses unless the building was built prior to 1987. 2. Downtown District Section 25.18.040 Land Use and Permit Requirements: El Paseo is zoned Downtown (D) and Downtown Core Overlay (D-O) within the Downtown District Code. Under the use matrix, it states that office uses are prohibited along El Paseo facing ground floor frontages. G:\Planning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 3 of 5 Discussion The one -mile corridor of El Paseo between Highway 74 and Portola Avenue consists of seven blocks. Staff conducted a field survey and identified 12 existing office uses fronting El Paseo throughout the one -mile corridor. Below is a breakdown showing the type of office uses within each block (north and south sides). • Block 1 — Highway 74 to Ocotillo Drive o North — 0 office uses o South — 0 office uses • Block 2 — Ocotillo Drive to Sage Lane o North — 3 office uses (Dentist, plastic surgery, and travel agency) o South — 0 office uses • Block 3 — Sage Lane to Lupine Lane o North — 2 office uses (Real estate and insurance company) o South - 0 office uses • Block 4 — Lupine Lane to San Pablo Avenue o North — 0 office uses o South — 0 office uses • Block 5 — San Pablo Avenue to Larkspur Lane o North —0 office uses o South — 0 office uses • Block 6 — Larkspur Lane to San Luis Rey Avenue o North — 1 office use (Real estate) o South — 2 office uses (Real estate and bank) • Block 7 — San Luis Rey Avenue to Portola Avenue o North — 2 office uses (Real estate and bank) o South — 2 office uses (Wealth advisor and real estate) El Paseo currently has a low volume of office uses (12). Staff and the expertise of Mr. Gibbs have concluded that the street could support a limited increase of office uses on the ground floor fronting El Paseo. Analysis Staff is mindful of the City's overall goal for El Paseo to remain a high -end, luxury pedestrian - friendly street and understands the need to allow a small amount of storefront office uses without saturating the street. City staff has analyzed ways to allow office uses throughout the one -mile corridor (capping percentages of building square -footage and linear building frontage, and creating a separation requirement), what type of office uses would be G\Planning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 4 of 5 compatible fronting El Paseo, and where the appropriate locations should be. Staff is recommending the following: • No office uses allowed on corner lots. This will preserve El Paseo's intersections, and allow vibrant businesses that engage and interact with the street, such as restaurants and mixed -use developments. • No office uses allowed to abut/neighbor one another. This will help preserve breaks between retail/restaurant businesses and office uses along the street. City staff does not want to create a section of a block that has a large amount of office frontage. • Allow professional offices and office uses that will engage the street. o Professional offices (e.g. accounting, attorneys, and investment firms). o Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). o Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi -government uses. • Require a CUP. This would allow staff and the Planning Commission to review office uses on the type of office use, locations, land use compatibility, and parking. Staff believes that the CUP process would better serve to regulate the amount of office uses more so than the percentages and separation requirements. • Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides). Capping the percentages will help preserve the intent of El Paseo by having more retail/restaurant uses. In order to achieve and implement the recommendations, the following PDMC Sections must be modified. Below are the sections and the added language is in bold font. 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented use, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Conditional uses. The Planning Commission may, by CUP, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013). GAPIannmg\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 5 of 5 1. The type of office professional uses that may be allowed. a. Professional offices (e.g. accounting, attorneys, and investment firms). b. Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). c. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi -government uses. d. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Staff is proposing to add the following language to Footnote 1, "Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District". Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has prepared a Notice of Exemption, which is attached as part of this report and filing is in accordance with CEQA Guidelines. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIE CITY MANAGER N/A N/A N/A yan Stendell Robert W. Hargreaves Director of Community Janet Moore Lauri Aylaian City Attorney Develo ment Director of Finance City Manager ATTACHMENTS: 1. Draft Resolution No. 2755 2. Notice of Exemption 3. Legal Notice 4. Draft Amendments to Sections 25.28.040 and 25.18.040 G \Planning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx PLANNING COMMISSION RESOLUTION NO. 2755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO IN CERTAIN LOCATIONS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval to the City Council of the above noted; and WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California, did on the 171h day of January 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval of the above noted; and WHEREAS, establishing an Ordinance to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The Zoning Ordinance Amendment (ZOA) provides criteria on where office uses will be permitted, the type of office uses, and requires the approval of a Conditional Use Permit (CUP); and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance bring the documents into conformity with the adopted General Plan. PLANNING COMMISSION RESOLUTION NO. 2755 SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt amendments as shown in Exhibit "A" and Exhibit "B" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of allowing office uses will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. PASSED, APPROVED, Palm Desert, California, at its folloWinn whin +„ ,AA+- AE AB AND ADOPTED by the Planning Commission of the City of regular meeting held on the 5th day of March 2019, by the iORY, CHAIR ATT RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc PLANNING COMMISSION RESOLUTION NO. 2755 Exhibit "A" 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: All" 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and services (including barbering and cosmetology) liliri 10. Restaurants. '���'�I�I��Ih�;,, lii��llllli�ll�ltlli��llllllll�l�l it 11. Sundries shops (general merchandise). C. Conditional uses. The Planning Commission may, by a Conditional Use Permit, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013) 1. The type of office professional uses that may be allowed. A. Professional offices (e.g. accounting, attorneys, and investment firms). B. Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). C. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi -government uses. D. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc PLANNING COMMISSION RESOLUTION NO.2755 Exhibit "B" 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Staff is proposing to add the following language to Footnote 1, "Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc NOTICE OF EXEMPTION TO: ❑ Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 ® Clerk of the Board of Supervisors or County Clerk County of: Riverside 1. Project Title: 3 4. 5. Project Applicant: Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): (a) Project Location — City: Palm Desert Description of nature, purpose, and beneficiaries of Project: _FFROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 2724 Gateway Dr, Riverside, CA 92507 ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. City of Palm Desert Citywide Zoning Ordinance Amendment applied to: El Paseo (Highway 74 to Portola Ave) (b) Project Location — County: Riverside I Approval of staff's recommendation will approve a ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office uses, and approval of a CUP. In order to approve the ZOA, Sections 25.28.040 EPOD and Section 25.18.040 DID must be modified. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the City of Palm Desert project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) ® Categorical Exemption. CEQA Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for State type and section number: (e) ❑ Declared Emergency. causing a significant effect on the environment. --- (Pub. Res. Code § 21080(b)(3); State CEQA - Notice of Exemption FORM "B" Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 9. Reason why project was exempt: Project is consistent with the City's general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. r 10. Lead Agency Contact Person: Kevin Swartz, Associate Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No ❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes ® No ❑ If yes, the date of the public hearing was: March 5, 2019 Signature: Date: . Z �( Title: SSUc tA. �C Y,_� ® Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM "B" CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 19-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVING A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL AMENDING THE EL PASEO OVERLAY DISTRICT AND THE DOWNTOWN DISTRICT TO ALLOW PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 and Section 15061(b)3 in that the ZOA to allow office uses on the ground floor will not result in a direct impact to the built environment. Therefore, the Director of Community Development is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: El Paseo between Highway 74 and Portola Avenue Project Description: The ZOA will allow office professional type uses on the ground floor fronting El Paseo throughout the one -mile (Highway 74 to Portola Avenue) corridor. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to the Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on March 5, 2019, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from February 23, 2019, to March 5, 2019. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk February 23, 2019 Palm Desert City Council 25.28.040 El Paseo Overlay District A. Intent and purpose. Thii_ section_ includes properties between Highway74 P toll i A El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian -oriented uses, this chapter shall regulate the type of n, w uses which may occupy El Paseo ground floorstreeWevel commercial frontage. constructed after Jfrly 1. 1987_ B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and services (including barbering and cosmetology). 10. Restaurants. 11. Sundries shops (general merchandise). C. Conditional uses. The Planning Commission may, by conditional use permit, approve office professional e�mmers}al uses located on the ground floor front r:cI E: Paseo between Highway 74 and Portola Avenue not listed above if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013) 1. The type of office professional uses that may be allowed. Formatted_ Font: Not Bold a. Professional offices (e.g. accounting, attorneys and investment firms). b Offices engaged in the production of intellectual (e.g. advertising architectural, photography, and travel agency). c. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi -government uses. d. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides} per the exhibit on file with the Department of Community Development/Planning Division. `Formatted: List Paragraph, Indent: Left: 0.69" _ 1 ' ! Formatted: Font: (Default) Arial, 12 pt, Font color: Black Formatted: List Paragraph, Indent First line: 0.1", Numbered + Level: 1 + Numbering Style: 1, 2, 3,... + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.58" LAND USE AND PERMIT REQUIREMENTS Zone Special Use Land Use DE DE O Provisions Accessory massage establishments Ancillary commercial Art gallery Art studio Book and card shops P P P N 25.34.160 N N A N 25.16.040.E P P P A P' P' A A P P N N Bed and Breakfast N N C C Clothing and apparel shops P P P N Convention and visitors bureau P P' C N Drugstore P' P' N N Financial institution Furniture stores and home furnishings P' P P' P C P N N Gift and accessories boutiques (inlcuding small antiques) Grocery Store < 35,000 SF P C' P C' P N N N Health club, gyms or studios C1,2 C'•z Cz N Hotel C C C C Independent stand-alone massage establishments P' P' C N 25.34.160 Jewelry shops P P P N Liquor store P' P' N N Liquor, beverage and food items shop Luggage shops P' P P' P N P N N Medical, clinic P' P' P N Medical, office P' P' P N Medical, hospital P' P' C C Medical, laboratory N N P N Mortuary C' C' N N Office, professional P' P' P C 25.10.040.M Office, local government P' P' P N Office, neighborhood government N N N C Office, travel agency P' P' P N 25.10.040.K Outdoor sales A' A' A N ' The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts. 1 Uses prohibited along El Paseo facing ground floor frontage, Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District. P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted