Loading...
HomeMy WebLinkAbout2023-10-03 PC Regular Meeting Agenda Packet City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall – Council Chamber 73510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419. • To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID: 847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue. During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. • Written public comment may also be submitted to planning@palmdesert.gov. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Commissioners for a separate discussion. Tuesday, October 3, 2023 6:00 p.m. Regular Meeting Planning Commission Agenda October 3, 2023 City of Palm Desert Page 2 A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of September 19, 2023. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 6. ACTION CALENDAR None 7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A PRECISE PLAN (PP) TO DEVELOP A 3,140-SQUARE-FOOT CARDIFF BUS WASH AND STORAGE FACILITY ON A VACANT PARCEL ON THE NORTH SIDE OF 42ND AVENUE, BETWEEN ECLECTIC STREET AND CORPORATE WAY (ASSESSOR’S PARCEL NUMBER 624-290-042) RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2844: 1. Adopting a Notice of Exemption for a Class 32 Categorical Exemption in accordance with CEQA Guidelines Section 15332, Infill Development Projects. 2. Approving PP/EA23-0004 to allow the development of a 3,140-square-foot Cardiff bus wash and storage facility on a vacant parcel on the north side of 42nd Avenue (Assessor’s Parcel Number 624-290-042), subject to findings and conditions. B. CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF ZONING ORDINANCE AMENDMENT (ZOA) 23-0002 FOR A ZONING ORDINANCE AMENDMENT TO MODIFY SECTIONS OF THE PALM DESERT MUNICIPAL CODE (PDMC) RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2845: 1. Recommending that the City Council adopt a Notice of Exemption pursuant to the General Rule Exemption under Section 15061(b)(3) “General Rule.” 2. Recommending that the City Council approve Case No. ZOA23-0002 to modify PDMC Chapter 25 (Zoning Code). 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS Planning Commission Agenda October 3, 2023 City of Palm Desert Page 3 B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee 2. Parks and Recreation Commission C. PLANNING COMMISSIONERS D. CITY STAFF E. ATTENDANCE REPORT 9. ADJOURNMENT: The next Regular Meeting will be held on October 17, 2023, at 6:00 p.m. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Monica O’Reilly Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Development Services Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES This meeting was conducted by teleconference, and there was in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Vice-Chair Gregory on Tuesday, September 19, 2023, at 6:01 p.m. 2. ROLL CALL Present: Commissioners Nancy DeLuna, John Greenwood, Lindsay Holt, and Vice-Chair Gregory. Absent: Chair Joseph Pradetto. Staff Present: Oscar Verdugo, City Attorney; Richard D. Cannone, Director of Development Services; Nick Melloni, Principal Planner; and Monica O’Reilly, Executive Administrative Assistant/Recording Secretary. 3. PLEDGE OF ALLEGIANCE Commissioner DeLuna led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENT: None. 5. CONSENT CALENDAR: A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of September 5, 2023. Tuesday, September 19, 2023 6:00 p.m. Regular Meeting Planning Commission Minutes September 19, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES MOTION BY COMMISSIONER DE LUNA, SECOND BY COMMISSIONER GREENWOOD, CARRIED 4-0 (PRADETTO ABSENT), to approve the Planning Commission Regular Meeting Minutes of September 5, 2023. CONSENT ITEMS HELD OVER: None. 6. ACTION CALENDAR None. 7. PUBLIC HEARINGS The staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: https://www.palmdesert.gov/our- city/committees-and-commissions/commission-information. A. CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND APPROVAL OF A SPECIFIC PLAN AMENDMENT, PRECISE PLAN, AND TENTATIVE PARCEL MAP TO DEVELOP A PHASED 114,700-SQUARE-FOOT MEDICAL OFFICE PARK WITH RELATED ON- SITE AND OFF-SITE IMPROVEMENTS, AND SUBDIVIDE A 10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-026 AND -027) Commissioner Greenwood stated that Prest Vuksic Greenwood Architects (PVG) is the applicant and architectural firm working on this project and recused himself from this item. He left the meeting at 6:06 p.m. Principal Planner Melloni narrated a PowerPoint presentation. He noted that the City received a comment letter, which was provided to the Planning Commission before the meeting. Vice-Chair Gregory opened the Public Hearing. John Vuksic, the applicant/architect, mentioned that Linda Evans with Desert Care Network and Justin Henry with Tenet Healthcare are also available via Zoom to answer any questions. Pastor Zach said it is important to engage the community on this project and address concerns from labor groups. Kelilah Federman, on behalf of the Californians Allied for a Responsible Economy (CARE CA), stated that City staff has failed to adequately respond to comments regarding California Environmental Quality Act (CEQA) impacts. She urged the Commission to direct staff to prepare an Environmental Impact Report (EIR) before the project is approved. Planning Commission Minutes September 19, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES Louie Lopez, the representative for Ironworkers Local 433, asked the Commission to deny approval of this project to allow the applicant to be a true community benefit partner. John Sisley, representative for the plumbers, pipefitters, and refrigeration in San Bernardino County and Riverside County, commented they have pushed for community benefits and agreements to ensure they hire local people at a sustainable wage. He asked that they not approve this project until the developer signs a community benefit agreement. Godfrey Washira (17654099036), with CARE CA, voiced that the Mitigated Negative Declaration is flawed and fails to analyze and mitigate significant impacts on the environment and community. He hoped the Commission would recommend the applicant prepare an EIR. Stephen Nelson, a Palm Desert resident, commented that the Commission has approved several housing projects that border Gerald Ford Drive. He is concerned with the area becoming dense and the environmental impacts. He also felt that union workers should be considered. Linda Evans, Desert Care Network, spoke on healthcare facilities in the Coachella Valley and how their network recruits physicians, provides medical education training programs, they work with nursing and residency programs and high school health academies. They have contributed nearly one million dollars annually to nonprofit organizations that serve the needs of people with access and health issues throughout the community. She is pleased with the work they have done on the proposed project. John Vuksic added that their environmental consultant addressed environmental challenges raised and submitted responses to all comments to City staff. There being no others desiring to speak, the Public Hearing was closed. The Planning Commission commented that they have a good understanding of the project, noting that the site was previously disturbed, there are mitigation measures, the project would eliminate some of the blowing sand in the area, the use is compatible with surrounding uses, and they agree with the staff that the project meets all the requirements. They would like to see labor agreements; however, it is not within the purview of the Planning Commission. MOTION BY COMMISSIONER DE LUNA, SECOND BY COMMISSIONER HOLT, CARRIED 3-0 (PRADETTO ABSENT and GREENWOOD RECUSED), recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the project, and recommending that the City Council approve Specific Plan Amendment (SP) 22-0002, Precise Plan (PP) 22-0009, and Tentative Parcel Map (TPM) 38728 to develop a phased 114,700-square-foot medical office park and related on-site and off-site improvements and subdivide a 10.47-acre property located at the southwest corner of Gerald Ford Drive and Technology Drive (Assessor’s Parcel Numbers 694-580-026, and -027). Commissioner Greenwood returned to the meeting at 6:49 p.m. Planning Commission Minutes September 19, 2023 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS None. B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee Commissioner Holt provided an update on art and landscape installation for the roundabouts on San Pablo Avenue and answered questions from the Planning Commission. She mentioned that the Committee asked if there was a schedule for the art installation at the Desert Recreation Center. Lastly, the Artist Council are looking for new members. Principal Planner Melloni responded that staff will follow-up on the art for the recreation center. 2. Parks and Recreation Commission Principal Planner Melloni reported the Commission formed a subcommittee to name the parks at the University Park Neighborhood. C. PLANNING COMMISSIONERS None. D. CITY STAFF None. E. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 9. ADJOURNMENT The Planning Commission adjourned the meeting at 6:55 p.m. Respectfully submitted, Monica O’Reilly, Executive Administrative Assistant Recording Secretary Planning Commission Minutes September 19, 2023 City of Palm Desert Page 5 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES ATTEST: Richard D. Cannone, AICP, Director of Development Services Secretary APPROVED BY THE PLANNING COMMISSION: XX/XX/2023 Page 1 of 8 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 3, 2023 PREPARED BY: Anna Dan, Associate Planner REQUEST: CONDUCT A PUBLIC HEARING AND ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A PRECISE PLAN (PP) TO DEVELOP A 3,140-SQUARE-FOOT CARDIFF BUS WASH AND STORAGE FACILITY ON A VACANT PARCEL ON THE NORTH SIDE OF 42ND AVENUE, BETWEEN ECLECTIC STREET AND CORPORATE WAY (ASSESSOR’S PARCEL NUMBER 624-290-042) RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2844 to: 1. Adopt a Notice of Exemption for a Class 32 Categorical Exemption in accordance with CEQA Guidelines Section 15332, In-fill Development Projects. 2. Approve PP/EA23-0004 to allow the development of a 3,140-square-foot Cardiff bus wash and storage facility on a vacant parcel on the north side of 42nd Avenue (Assessor’s Parcel Number 624-290-042), subject to findings and conditions. ARCHITECTURAL REVIEW COMMISSION (ARC) RECOMMENDATION: On September 12, 2023, the project was presented to the Architectural Review Commission (ARC) for design review consideration of the project’s architecture and landscape design and an exception to the screening requirements of the Service Industrial (SI) zoning district. After a discussion of the plans, Commissioner Laktovic, seconded by Commissioner Colvard, motioned to approve the project in a 5-0 vote (Chair Vuksic and Vice Chair McIntosh absent), subject to the following conditions: 1. The ARC approves the exception to the screening standards, including wall height, setback, undulation spacing, and landscaping. 2. The Applicant shall be required to provide additional plant material in the public right- of-way in conformance with Palm Desert Municipal Code (PDMC) 24.04 for water- efficient landscape. 3. All landscape and hardscape materials associated with the project shall be subject to a landscape maintenance agreement recorded prior to occupancy. 4. The gable roof on the covered wash bay shall be revised to a hip roof design. The Applicant provided updated plans addressing Conditions Nos. 2 and 4. The project application added eight (8) additional bougainvillea shrubs along the site frontage and modified the covered wash bay to have a hip type roof. City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 2 of 8 EXECUTIVE SUMMARY: The proposed project is a request by Gary E. Cardiff (Applicant) for consideration of a Precise Plan (PP) and Environmental Assessment (EA) to develop a 3,140-square-foot Cardiff bus wash and storage facility and find that the project is exempt from further CEQA review. The development consists of three (3) storage buildings and a covered wash bay with 23 parking spaces to accommodate the buses. The project requires approval of two (2) entitlements consisting of: 1. PP23-0004: A PP is required for the review of the use, site, and structures to ensure applicable design and development standards are implemented as intended. 2. EA23-0004: An EA is required to analyze the environmental impact of the project and its relationship to the General Plan and Zoning Ordinance. The proposed project substantially complies with the intent and objectives of the applicable zoning requirements and is compatible with surrounding land uses, subject to the conditions established in the approval. BACKGROUND/ANALYSIS: a) Property Description: The project site is a vacant 38,768-square-foot (0.89 acres) parcel on the north side of 42nd Avenue, approximately 944 feet west of Cook Street. The site is adjacent to existing industrial land uses and in relative proximity to residential developments and a public park. The site area is vacant except for an existing wooden shed to the northeast that is to be demolished, unpaved, and enclosed by an existing slump stone block wall. The existing right-of-way along 42nd Avenue has a narrow sidewalk with two (2) driveway approaches and no perimeter landscaping. b) Current Zoning & General Plan Land Use Designation: Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Vacant Employment Center Service Industrial (SI) North Burrtec Facility Employment Center SI South Industrial-Manufacturing Employment Center SI East Industrial-Manufacturing Employment Center SI West Industrial-Manufacturing Employment Center SI Project Description: The project is a PP request by the Applicant to develop a 3,140-square-foot Cardiff bus wash and storage facility located on a vacant parcel north of 42nd Avenue. The following entitlement applications have been submitted for the project: 1. PP23-0004: A PP is required of the review for the use, site, and structures to ensure applicable design and development standards are implemented as intended. City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 3 of 8 2. EA23-0004: An EA is required to analyze the environmental impact of the project and its relationship to the General Plan and Zoning Ordinance. According to the Applicant’s project narrative, the facility will primarily operate as a parking area for Cardiff buses; however, regular washing and maintenance of the buses are also permitted. The facility will be open 24 hours a day, seven (7) days a week, with primary hours of operation starting from 6:00 a.m. to 6:00 p.m. During these hours, at least two (2) employees will be present on site. Bus drivers will be able to access the site from their personal vehicles and park them in their designated bus spaces to avoid parking on the public street. The estimated maximum number of drivers on-site at any given time is ten (10). Site improvements consist of new perimeter walls, public sidewalks, and landscaping in the public right-of-way. a) Site Plan and Access: The site plan (Figure 1 below) depicts the building orientation, perimeter treatments, lighting, landscaping, parking areas, and right-of-way improvements for the project. The entire lot will be paved with concrete. The perimeter walls on the east, south, and west will be rebuilt with eight-foot-tall (8’) split-face block walls. The existing eight-foot-tall (8’) split-face block wall to the north will remain. Access to the site will be available from two points off 42nd Avenue with 27-foot-wide driveways and rolling gates. One driveway will be restricted to entry and the other driveway restricted to exiting the site. Vehicles are intended to enter through the easterly gate and exit through the westerly gate to avoid vehicular stacking and bottlenecks. The zoning designation of the project site is SI, which requires a 25-foot front yard minimum setback and zero side and rear yard setback. The four (4) proposed structures on the site include a covered wash bay, a wash equipment building, a compressor building, and a storage building. The wash bay is set back 50'-8" from the front property line, and the remaining structures have a minimum of 3'-7" side yard and 3'-0" rear yard setbacks. The total building area is 3,140 square feet. Table 2 below provides a breakdown of the floor area for each structure: Table 2 – Floor Area Breakdown Floor Area Use Square Feet Covered Wash Bay 1,680 Wash Equipment 260 Compressor & Restroom 300 Storage 900 Total Square-footage 3,140 The project proposes to improve the right-of-way by constructing portions of the public sidewalk, constructing a new accessible pathway, and adding landscaping. As per PDMC Section 25.40.090 (F), the project is required to screen the site with a five- to seven-foot-tall (5’ to 7’) masonry wall and a seven-foot-tall (7’) dense hedge row along all property lines, except for a 20-foot setback along the public right of way. City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 4 of 8 The plans depict an eight-foot-tall (8’) masonry block wall to be constructed on the front property line. The wall has undulations every 28 feet with a 24-inch offset, as mandated by PDMC Section 25.40.080 (F)(3). The undulations on the wall's east and west ends are reduced to eight inches (8”) to avoid encroaching into the required parking stall width. The ARC approved an exception to the screening and wall requirements during the meeting on September 12, 2023. Figure 1 – Proposed Site Plan (Sheet A-1) b) Architecture: The project architecture is utilitarian and industrial in character characterized by the flat roofs and building planes which are unadorned. As conditioned by the ARC, the covered wash bay was modified with a low-pitch hip roof. The buildings are constructed using block, stucco, metal, and steel in simple rectangular forms. An eyebrow accent is featured over the entryways and doors, projecting 4” off the fascia. Building heights range from 10'-0" to 16'-0" with the tallest structure being the wash bay at 19'-3”. The exterior color palette consists of complementary golden tans and dark browns. The buildings are situated to the northeast and northwest corners of the site. The wash equipment building will house a deionized water pressure washer and two large vacuums, and the compressor building will be air-connected with a compressor, restroom, and security room. The storage room will be used to store miscellaneous supplies. c) Landscaping: The site landscaping is limited to the area adjacent to the site within the public right-of-way, as the interior boundary of the project is covered with concrete. The proposed ground cover consists of California Gold ¾” diameter decomposed granite, crushed stone, and boulders, which are between two and four feet (2’ and 4’) in diameter. Live plantings include shrubs such as desert milkweed and red yucca, and hybrid fan and Mexican blue palms. The entry and exits to the project are marked by the incorporation of Apache Brown Crushed Stone. All plants shall be a minimum City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 5 of 8 size of five gallons. The palms ranch between 2’ to 8’ brown trunk height, and 15- gallon for the Mexican fan palm. The project application added eight (8) additional bougainvillea shrubs along the project frontage per a condition of approval from ARC. d) Site Lighting: The exterior lighting plan consists of 17’-6” tall pole-mounted lights and wall-mounted spotlights, which are generally oriented inwards towards the parking lot. The pole lighting fixtures will be directed downwards and fully shielded to prevent excessive glare and light trespass. Alternatively, the spotlights will be installed along the interior walls near the parking spaces and under the wash bay canopy with the similar intent of preventing glare or trespass. Analysis: In accordance with PDMC Section 25.16.030, vehicle storage facilities are permitted in the SI zone, subject to the approval of a PP. a) Development Standards: As proposed, the project substantially complies with the applicable standards of the SI zoning district, as summarized below under Table 3. Table 3 – Project Development Standard Conformance DEVELOPMENT STANDARD ORDINANCE PROJECT CONFORMS Building Setbacks as Measures from Property Lines Front Yard 25’ 50’-8” Yes Side Yard Setback 0’ 3’-7” Yes Rear Setback 0 3’ Yes Building Height (max) Height, max 40’ 19’-3” Yes Number of stories 3 1 Yes Coverage Floor Area Ratio 0.75 .07 Yes Parking Number of onsite spaces 6 total 23 total Yes Landscaping Required percentage of lot area - 0% Yes Required Depth in Street Setback - 0’ Yes Screening Wall Height 5’ to 7’ 8’ Yes Wall Setback 20’ if adjacent to public right-of-way 0’ Yes Wall Undulation Offset 18” every 30 Maximum 24” offset, Yes City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 6 of 8 *Per PDMC 25.40.090(F), the ARC may grant an exception to the perimeter screening requirements for the SI one if the proposed project is in keeping with the intended nature of the community. The ARC approved these modifications on September 12, 2023. b) Parking: The project is required to provide parking at a minimum ratio of two (2) parking spaces per 1,000 square feet of the building area in accordance with PDMC Section 25.46.040. They are designed to the dimensions of a bus or small coach. Only buses will be permitted to park in the facility overnight and for longer periods of time. Bus drivers and employees are permitted to park in the bus spaces during work hours to avoid parking on the public street. General Plan Compatibility: The project is found to be in conformance with the General Plan and the Employment District zoning designation. The project meets the density, intensity, and streetscape requirements as outlined in Chapter 3: Land Use & Community Character. The proposal implements design goals and policies of the General Plan including: Land Use Policy 2.5 – The project enhances the existing streetscape by adding new landscaping, including tree plantings and shrubs, along an existing sidewalk. The project is designed to create a distinct pedestrian pathway that is separate from the project’s use. Land Use Policy 4.7 – The development is within the City’s industrial area and is designed for compatibility with surrounding uses to minimize impact. Noise Policy 2.5 – The development includes the use of walls as noise barriers to reduce noise levels generated by industrial uses. Public Input: Public noticing was conducted for the October 3, 2023, Planning Commission meeting in accordance with the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of ten (10) days prior to the hearing date on Friday, September 22, 2023, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 14 public hearing notices. Staff has not received any public comments at the time of writing this report. Environment Review: City staff has reviewed the project in accordance with CEQA and determined that the project is exempt from environmental review pursuant to Section 15332 Infill Development (Class 32) of the State CEQA Guidelines. The project proposes developing a 3,140-square-foot bus wash and storage facility on a vacant parcel in an industrial zoning district. The project is consistent with the Employment Center General Plan designation, as well as the SI zoning lineal feet minimum 8” offset every 28 lineal feet Landscaping 7’ tall dense hedge row None Yes City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 7 of 8 designation. Class 32 applies to the development of underutilized or vacant parcels of land within already developed urban or suburban areas that meet the following conditions: A. The project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The proposed bus wash and storage facility is consistent with the Employment Center General Plan designation and the SI zoning district. The project does not conflict with the General Plan policies and meets all regulations of the PDMC with approved modifications. B. The proposed project occurs within the City limits on a site that is no more than five (5) acres. The project site is 0.89 acres and surrounded by similar urban uses. C. The project site has no value as a habitat for endangered, rare, or threatened species. D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project site is equipped with an underground retention system and an underground separator system to manage stormwater and wash water. Additionally, there are two gates with wide driveways situated at a proper distance from the street to prevent vehicular congestion or stacking. Pursuant to Section 15332 of the CEQA Guidelines, a Class 32 exception may not be used if the project falls into any exceptions: A. Location: The project qualifies as a Class 32 exemption, which is not listed as one of the classes under 15300.2(A). The project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to laws by federal, state, or local agencies. The project site will not impact designated environmental or biological resources as it is not located within a conservation area, as identified by the Multi-species Habitat Conversation Plan (MSHCP). B. Cumulative Impact: The proposed project is not expected to have a cumulative impact on the environment because it is designed to provide the required water collection, waste, and drainage facilities to support the proposed use. Additionally, the project aligns with the adjacent uses in the SI zone. C. Significant Effect: There are no unusual circumstances associated with this project or location that would result in a negative impact on the environment. Appropriate measures have been taken to prevent wastewater and waste disposal from entering the environment. D. Scenic Highways: The project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located approximately 2.4 miles southwest of the site. E. Hazardous Waste Site: The project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). F. Historical Resources: The project site does not contain any structure or title that would designate it as a historical resource. Therefore, the project will not cause a substantial adverse change in the significance of a historical resource. City of Palm Desert Case No. PP/EA23-0004 Cardiff Bus Wash and Storage Facility Page 8 of 8 REVIEWED BY: Department Director: Richard D. Cannone, AICP Principal Planner: Carlos Flores for Nick Melloni, AICP ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2844 2. Public Hearing Notice 3. CEQA Notice of Exemption 4. Statement of Use 5. Project Plans PLANNING COMMISSION RESOLUTION NO. 2844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A PRECISE PLAN (PP) TO DEVELOP A 3,140- SQUARE-FOOT CARDIFF BUS WASH AND STORAGE FACILITY ON A VACANT PARCEL ON THE NORTH SIDE OF 42ND AVENUE, BETWEEN ECLECTIC STREET AND CORPORATE WAY (ASSESSOR’S PARCEL 624- 290-043) CASE NO. PP/EA 23-0004 WHEREAS, Gary E. Cardiff (“Applicant”), submitted applications for an Environmental Assessment (EA) and Precise Plan (PP) to develop a 3,140-square-foot Cardiff bus wash and storage facility (“Project”) located on a 0.89-acre vacant parcel on the north side of 42nd Avenue, between Eclectic Avenue and Corporate Way; and WHEREAS, the Project site has a land use designation of Employment Center in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Service Industrial (SI); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert, California, did on the 12th day of September 2023, approve a design review for the Project, subject to conditions that have been incorporated into the Project plans and as conditions of approval in this Resolution; and WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15332 Infill Development (Class 32) of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: PLANNING COMMISSION RESOLUTION NO. 2844 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. CEQA Determination. The application has complied with the requirements of the “City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Planning Commission finds that the project is exempt from CEQA per Section 15332 In-fill Development (Class 32) of the State CEQA Guidelines. The Project proposes developing a 3,140-square-foot bus wash and storage facility on a vacant parcel in an industrial zoning district. Class 32 applies to the development of underutilized or vacant parcels of land within already developed urban or suburban areas that meet the following conditions: A. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation and regulations. The proposed bus wash and storage facility is consistent with the Employment Center General Plan designation and the SI zoning district. The Project does not conflict with the General Plan policies and meets all regulations of the PDMC with approved modifications. B. The proposed Project occurs within City limits on a site that is no more than five acres. The project site is 0.89 acres and surrounded by similar urban uses. C. The Project site has no value as a habitat for endangered, rare, or threatened species. D. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The Project site is equipped with an underground retention system and underground separator system to manage stormwater and wash water. Additionally, there are two gates with wide driveways, situated at a proper distance from the street to prevent vehicular congestion or stacking. Pursuant to Section 15300.2 of the CEQA Guidelines, a Class 32 exception may not be used if the Project falls into any exceptions: A. Location: The Project qualifies as a Class 32 exemption, which is not listed as one of the classes under 15300.2(A). The Project is not located on a site where it may have an adverse impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to laws by federal, state, or local agencies. The Project site will not impact designated environmental or biological resources as it is not located within a conservation area, as identified by the Multi-species Habitat Conversation Plan (MSHCP). B. Cumulative Impact: The proposed Project is not expected to have a cumulative impact on the environment because it is designed to provide the required water collection, waste, and drainage facilities to support the proposed use. Additionally, the project aligns with the adjacent uses in the service industrial zone. PLANNING COMMISSION RESOLUTION NO. 2844 3 C. Significant Effect: There are no unusual circumstances associated with this Project or location that would result in a negative impact on the environment. Appropriate measures have been taken to prevent wastewater and waste disposal from entering the environment. D. Scenic Highways: The Project site is not located within proximity of any officially designated state Scenic Highway. The nearest officially designated scenic highway is Highway 74, south of Highway 111, located approximately 2.4 miles southwest of the site. E. Hazardous Waste Site: The Project site has not been identified as a hazardous waste site per maps and databases provided by the California Department of Toxic Substances Control (DTSC). F. Historical Resources: The Project site does not contain any structure or title that would designate it as a historical resource. Therefore, the Project will not cause a substantial adverse change in the significance of a historical resource. SECTION 3. Project Recommendations. The Planning Commission hereby approves Case No(s) PP/EA23-0004, subject to the findings and Conditions of Approval attached herein as Exhibit “A.” SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. ADOPTED ON October 3, 2023. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY PLANNING COMMISSION RESOLUTION NO. 2844 4 I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on October 3, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on October __, 2023. RICHARD D. CANNONE, AICP SECRETARY PLANNING COMMISSION RESOLUTION NO. 2844 5 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. PP/EA23-0004 PLANNING DIVISION: 1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, except as modified by the following conditions. Any variation from the approved plans must be reviewed and approved by the Planning Division prior to the building permit issuance and may require review and approval by the Architectural Review Commission, Planning Commission, and/or City Council. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project or the Project Approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. The Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with the City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC and state and federal statutes now in force, or which hereafter may be in force. 4. The PP shall expire if construction of the said Project shall not commence within 24 months from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 5. The PP approval is for the construction of a covered wash bay, wash equipment building, compressor and restroom building, and storage building totaling 3,140 square feet (sf) PLANNING COMMISSION RESOLUTION NO. 2844 6 on a 38,768-sf parcel located on the north side of 42nd Avenue on Assessor’s Parcel Number 624-290-042. Additional site improvements include an improved pedestrian connection with a six-foot (6’) sidewalk and an ADA pathway to access the site. 6. The approved PP shall only be modified with written City approval per PDMC Chapter 25.72.030. Any proposed changes to this PP will require an amendment to the application, which may result in a new public hearing. 7. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department. 8. Prior to the issuance of a building permit for the construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Riverside County Fire Department City of Palm Desert Building and Safety Division City of Palm Desert Land Development Division City of Palm Desert Planning Division City of Palm Desert Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 9. This Project is subject to payment of the City’s Public Art fee. The fee will be applied prior to a building permit issuance and shall remain in the City’s public art fund. 10. All exterior lighting sources shall be fully shielded and directed downwards and subject to approval by the Development Services Department. Luminaries with total lamp lumens above 16,000 lumens shall not be used. Prior to building permit issuance, the Applicant shall submit plans for outdoor lighting as required by PDMC Section 24.16.030 and include glare ratings and color temperature for all exterior light fixtures. 11. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area. 12. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All plants shall be a minimum of five (5) gallons in size, and all trees shall be a minimum 24-inch box in size. PLANNING COMMISSION RESOLUTION NO. 2844 7 A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to submittal to CVWD. 13. All Project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the Project site, as well as walkways and the portion of public right-of-way abutting the Project site (parkways). Furthermore, the plans shall identify responsibility for the continued maintenance. 14. Prior to the issuance of the Certificate of Occupancy, the Project shall record a landscape maintenance agreement for all landscaping and hardscape located within the public right- of-way. 15. Prior to the issuance of the Certificate of Occupancy, the Project landscape architect shall submit written certification to the Planning Division that the landscaping and irrigation have been installed per the approved landscape plan. 16. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 17. All roof drainage systems and devices shall be designed such that they are fully screened from view from all public streets. Drainage devices, including but not limited to downspouts, shall not be located on any street-facing building elevation or area that is clearly visible from the public right-of-way. Drainage devices shall be fully integrated into the building structure and located within the exterior walls of the structure. 18. Prior to a permit issuance, the Applicant shall submit plans for the final design of all site fences and walls subject to review and approval by the Palm Desert Development Services Division. The design of the walls shall be consistent with the height, material, and design on the approved conceptual site plan dated July 20, 2023. 19. Future modifications to site walls or fences shall require approval by the Director of Development Services. The use of barbed wire, razor wire, and spiked pickets for fencing is prohibited. 20. Site fences and walls shall be maintained at all times. Graffiti shall be removed by the applicant upon discovery. 21. The Applicant shall construct the pedestrian circulation network as shown on the approved preliminary site plan and provide pedestrian access points adjacent to the westerly vehicular driveways as shown on the approved preliminary site plan dated July 20, 2023. 22. A copy of the herein-listed Conditions of Approval shall be included in the construction documentation package for the Project, which shall be continuously maintained on-site during Project construction. PLANNING COMMISSION RESOLUTION NO. 2844 8 23. Exterior signage shall comply with Chapter 25.56 of the PDMC. 24. The carwash shall be used for washing private inventory vehicles only and shall not be used by the public. 25. The Applicant shall provide payment for filing fees for the Notice of Exemption within five (5) days of project approval. 26. The Applicant shall comply with the recommendations made by the City’s ARC, as referenced in the September 12, 2023, Notice of Action. FIRE DEPARTMENT: 27. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, water supply analysis shall be provided to the Office of the Fire Marshal that demonstrates the existing fire hydrant is capable of providing 1,500 gallons per minute at 20 psi for a two-hour (2) duration. The fire hydrant’s location and spacing shall comply with the Fire Code. Reference 2022 California Fire Code (CFC) 507.5.1, Appendices B and C. 28. Fire Department Access: Prior to building permit issuance, a fire access site plan shall be approved. The access roads shall be capable of sustaining 75,000 lbs. in all-weather conditions. CFC 503.1.1, and 503.2.1 29. Construction Permits: Construction Permits: Building construction plans shall be submitted to the Office of the Fire Marshal for review and approval. Additional fire and life safety conditions may be determined during this review. 30. Knox Box and Gate Access: Gates installed across access driveways and maintained locked shall be provided with approved Knox equipment. Electric gate operators shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus. Ref. CFC 506.1. 31. Hazardous Materials: Prior to building permit issuance, a hazardous materials inventory statement shall be provided to the Office of the Fire Marshal. Approved chemical classification forms and safety data sheets shall be provided with the hazardous materials inventory statement. Ref. CFC 5001.5.2. 32. Addressing: Street numbers with minimum 12-inch-high numerals shall be posted in a visible location from the street. LAND DEVELOPMENT DIVISION/PUBLIC WORKS DEPARTMENT: 33. The following plans, studies, and exhibits are hereby referenced: Preliminary Grading Plan Cardiff Bus Wash, prepared by Feiro Engineering, Inc. with an identified date of July 21, 2023. PLANNING COMMISSION RESOLUTION NO. 2844 9 34. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during the technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary. 35. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q’s and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be. 36. Prior to issuance of the first building permit for the development, the Applicant shall pay all appropriate signalization fees in accordance with the City’s Resolution No. 79-17 and 79-55. 37. Prior to grading plan approval, the Applicant shall pay all appropriate drainage fees in accordance with the City’s Municipal Code Section 26.49 and Palm Desert Ordinance No. 653. 38. Prior to grading plan approval, the Applicant shall pay all appropriate park fees in accordance with the City’s Municipal Code Section 26.48.060. 39. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance. 40. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility surveyor. 41. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. A. Applicant may submit combined rough and precise grading plans for this development. The final grading plans shall show and identify all proposed onsite improvements in accordance with the approved conceptual grading exhibit. B. Prior to or along with the precise grading plans, the Applicant shall provide a Pedestrian Accessibility Route Plan that labels and indicates the path location (running slope and cross slopes) for the required accessible path of travel from building entrance to public pedestrian infrastructure. Facilities shall be designed in PLANNING COMMISSION RESOLUTION NO. 2844 10 compliance with the accessibility standards in the California Building Code (current) and Americans with Disability Act (ADA) regulations. C. All private improvements shall be kept within private property. Non-standard encroachments into the proposed public right-of-way will not be permitted unless clearly identified on these conditions of approval. D. A remote-controlled rolling-type gate has been approved for the site. Queuing and stacking of buses on 42nd Avenue will not be allowed, any/all buses accessing the site shall queue outside the 42nd Avenue roadway. E. Plans shall show a separate pedestrian access gate to the site that includes an accessible path of travel from the building entrance to public pedestrian facilities. 42. The grading plan shall provide for acceptance and proper disposal of all off-site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer. 43. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the Palm Desert Municipal Code. 44. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire project area and comply with all relevant laws, rules, and regulations governing the City of Palm Desert. A. Site is required to handle the first flush for a 100-year 1-hour event. A final report shall show the site is designed to meet requirements. B. Design shall incorporate an emergency overflow outlet. C. Excess runoff from the site may be directed to 42nd Avenue. Sheet flow over driveways will not be allowed, design shall provide under sidewalk curb drains to direct flow to the street. 45. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District’s standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert. 46. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. 47. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control. 48. Where grading involves import or export, the Applicant shall obtain permits from the Public Works Department, including import/export quantities and hauling routes. PLANNING COMMISSION RESOLUTION NO. 2844 11 49. Prior to a grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Department prior to the issuance of a grading permit. 50. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan (F-WQMP) without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed area for approval of the City Engineer. A. Final WQMP shall incorporate revisions as noted on the preliminary WQMP submittal response by Michael Baker International dated June 2023. 51. All post-construction BMPs shall be designed based on the City of Palm Desert’s maximum infiltration criteria of two inches/hour. 52. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WQMP Operations and Maintenance Agreement to the City. The agreement shall include provisions for the maintenance and operation of all onsite water quality BMP facilities by the property owner. 53. Prior to the issuance of a grading permit and in compliance with the City of Palm Desert Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post a financial security guarantee for all grading work related to this project. 54. Prior to the issuance of a grading permit, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project specific recommendations. a) The project’s Geotechnical Engineer shall sign the final grading plans. 55. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City. 56. Upon completion of grading work, the project’s Geotechnical Engineer shall certify the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this project. A licensed land surveyor shall certify the completion of grading in conformance with the lines and grades shown on the approved grading plans. 57. Prior to building permit issuance, the Applicant shall submit improvement plans for required improvements along 42nd Avenue as outlined in these conditions of approval. a) The Applicant shall guarantee all improvements within the public right-of-way for a period of one year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements. PLANNING COMMISSION RESOLUTION NO. 2844 12 58. Prior to the issuance of a Certificate of Occupancy, the Applicant is responsible for the construction and installation of improvements on 42nd Avenue. A. The Applicant shall install sidewalk improvements along the site frontage, per City Standard no. 104 or as approved by the City Engineer. B. Applicant shall install landscape and irrigation improvements along the frontage per the City’s landscaping guidelines. Plans shall clearly show and identify the line of sight at driveway approaches and clear zones within the parkway. C. Proposed driveways shall provide a minimum of 15-foot curb return radius and a 35-foot maximum radius. The centerline of driveways shall be perpendicular to the centerline of 42nd Avenue. The final design shall be approved by the City Engineer. D. If final design plans show that additional public right-of-way is required to accommodate public infrastructure within the public right-of-way (i.e. curb ramps, ADA path of travel, etc.), the applicant will be required to process and dedicate the adequate right-of-way prior to certificate of occupancy. E. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD. 59. Prior to a building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required. 60. Prior to occupancy, the Applicant shall provide as-built drawings and drawing files (CAD .dwg) for all public infrastructure. As-built drawings shall be stamped, signed, and dated by the Engineer of Record. END OF CONDITIONS OF APPROVAL CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 INFO@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. PP/EA 23-0004 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO REVIEW A REQUEST BY GARY E. CARDIFF FOR THE ADOPTION OF A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A PRECISE PLAN (PP) TO ESTABLISH A 3,140-SQUARE-FOOT CARDIFF BUS WASH AND STORAGE FACILITY ON A VACANT PARCEL ON THE NORTH SIDE OF 42ND AVENUE, BETWEEN ECLECTIC STREET AND CORPORATE WAY (ASSESSOR’S PARCEL NUMBER 624-290-042) The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the CEQA, finds that the proposed project is categorically exempt under Article 19 Section Infill Exemption (Class 32) of the CEQA; therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. PROJECT LOCATION/DESCRIPTION: PROJECT LOCATION: North side of 42nd Avenue, between Eclectic Street and Corporate Way (APN 624-290-042) PROJECT DESCRIPTION: The project proposes to establish a new 3,140-square-foot Cardiff bus wash and storage facility consisting of three (3) storage buildings and a covered wash bay on a vacant parcel on the north side of 42nd Avenue. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 3, 2023. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/committees-and-commissions/commission-information. PUBLIC REVIEW: The plans and related documents are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Anna Dan. Please submit written comments to the Planning Division. 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 Planning Commission hearing. All comments and any questions should be directed to: Anna Dan, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 776-0611, Extension 309 adan@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY SEPTEMBER 22, 2023 PALM DESERT PLANNING COMMISSION Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: PP/EA23-0004 2. Project Applicant: Gary E. Cardiff 3. 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): Vacant lot on the north side of 42nd Avenue, in between Eclectic Street and Corporate Way. Parcel 3 of Parcel Map No. 20112 (Assessor’s Parcel Number 624-290-042) 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: The Applicant, Gary E. Cardiff, requests approval of a precise plan and environmental assessment to develop a 3,140 square-foot Cardiff bus wash and storage facility on a 0.89-acre lot. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the 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: Gary E. Cardiff 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. State type and section number: State CEQA Guidelines §15332 – “Class 32 – In-fill Development Projects” (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: 9. Reason why project was exempt: This Project is exempt from CEQA per Section 15332 of the CEQA Guidelines as the project is a Class 32 Notice of Exemption FORM “B” Exemption for In-Fill Development. Class 32 applies to the development of underutilized or vacant parcels of land within already developed areas. The project is consistent with the City’s General Plan and applicable zoning regulations. The site is serviced by the appropriate utilities and would not result in significant negative impacts on traffic, noise, air quality or water quality. The project occurs on a project less than 5 acres and is not a site for endangered, rare, or threatened species. 10. Lead Agency Contact Person: Anna Dan, 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: October 3, 2023 Signature: Anna Dan Date: October 3, 2023 Title: Associate Planner  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. A Bus Wash & Bus Parking Lot For: Cardiff Transportation APN 624-290-042 Parcel 3, PM Map #20112 Avenue 42 Palm Desert, California Use & Accessibility The Primary use of the facility is a bus parking lot. The site is also used for washing buses occasionally (2 to 3 buses a day max.) and for the storage of bus related supplies. Two employees will be at the site prepping buses. Employees & Drivers will access the site with their own vehicles. The drivers will leave their cars in the spaces where their buses were parked. Gates will only be open for vehicle access. Drivers will have remote gate access so cueing on the street will not be an issue. Primary hours of operation are 6:00 am to 6:00 pm. Secondary hours of operation are from 6:00 pm to 6:00 am. Security cameras will be in place throughout the site. The project is screened by walls, gates & landscape. The Right of Way will have a re-built sidewalk and landscaping. Equipment The Bus Wash Equipment Building will house the Deionized Water Pressure Washer and 2 large vacuums. The Compressor Building with be air conditioned & house the compressor, restroom and security equipment. The Storage Building with house bus related supplies. There will be no noise generating issues or structures. Traffic Operations Two employees are present during Primary hours (6:00 am to 6:00 pm) Drivers spend a maximum 30 minutes at the site. The number of drivers at any given time depends on events requiring transportation in the valley. Ten drivers max would be using the site during the busiest times, such as during music festivals. Their time at the site is limited to parking the bus, cleaning out any leftover trash, draining the on-board septic system, and then vacating the site in their own vehicles. DWG FILE:LAYOUT:JOB NUMBER:CITY OF PALM DESERTSHEETSSHEET116S-052GP01103c3gp01Cardiff Bus WashPARCEL 3, PARCEL MAP NO 20112COVER SHEET41-----ANY MODIFICATION OF THIS PLAN MUST BEAPPROVED BY THE CITY PRIOR TO CONSTRUCTIONPALM DESERT GRADING NOTES:PALM DESERT GENERAL NOTES:R:\AutoCAD\Projects\103C-003 Cardiff Bus Wash\dwg\103c3pgp01.dwg, GP01, 9/1/2023 10:44:47 AM DWG FILE:LAYOUT:JOB NUMBER:CITY OF PALM DESERTSHEETSSHEET116S-052GP02103c3gp01Cardiff Bus WashPARCEL 3, PARCEL MAP NO 20112DEMOLITION PLAN52-----ANY MODIFICATION OF THIS PLAN MUST BEAPPROVED BY THE CITY PRIOR TO CONSTRUCTIONR:\AutoCAD\Projects\103C-003 Cardiff Bus Wash\dwg\103c3pgp01.dwg, GP02, 9/1/2023 10:44:52 AM DWG FILE:LAYOUT:JOB NUMBER:CITY OF PALM DESERTSHEETSSHEET116S-052GP03103c3gp01Cardiff Bus WashPARCEL 3, PARCEL MAP NO 20112PRELIMINARY GRADING PLAN53-----ANY MODIFICATION OF THIS PLAN MUST BEAPPROVED BY THE CITY PRIOR TO CONSTRUCTIONR:\AutoCAD\Projects\103C-003 Cardiff Bus Wash\dwg\103c3pgp01.dwg, GP03, 9/1/2023 10:44:57 AM DWG FILE:LAYOUT:JOB NUMBER:CITY OF PALM DESERTSHEETSSHEET116S-052GP04103c3gp01Cardiff Bus WashPARCEL 3, PARCEL MAP NO 20112UTILITY PLAN54-----ANY MODIFICATION OF THIS PLAN MUST BEAPPROVED BY THE CITY PRIOR TO CONSTRUCTIONR:\AutoCAD\Projects\103C-003 Cardiff Bus Wash\dwg\103c3pgp01.dwg, GP04, 9/1/2023 10:45:02 AM DWG FILE:LAYOUT:JOB NUMBER:CITY OF PALM DESERTSHEETSSHEET116S-052GP05103c3gp01Cardiff Bus WashPARCEL 3, PARCEL MAP NO 20112DETAILS SHEET55-----ANY MODIFICATION OF THIS PLAN MUST BEAPPROVED BY THE CITY PRIOR TO CONSTRUCTIONR:\AutoCAD\Projects\103C-003 Cardiff Bus Wash\dwg\103c3pgp01.dwg, GP05, 9/1/2023 10:45:07 AM Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 3, 2023 PREPARED BY: Carlos Flores, Senior Planner REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF ZONING ORDINANCE AMENDMENT (ZOA) 23-0002 FOR A ZONING ORDINANCE AMENDMENT TO MODIFY SECTIONS OF PALM DESERT MUNICIPAL CODE (PDMC) RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2845 to: 1. Recommend that the City Council adopt a Notice of Exemption pursuant to the General Rule Exemption under Section 15061(b)(3) “General Rule.” 2. Recommend that the City Council approve Case No. ZOA23-0002 to modify PDMC Chapter 25 (Zoning Code). EXECUTIVE SUMMARY On May 25, 2023, staff received direction from the City Council (Council) to initiate a ZOA to execute the recommendations contained in the 2023 Commercial Broker’s Report (Report). The recommendations included the following: • Review land use definitions and expand specific land use categories, including auto retail and medical. • Allow existing office buildings to utilize “office professional” use standards in the Downtown Edge Overlay Zoning District (DE-O). • Require a Conditional Use Permit (CUP) for new self-storage facilities. Additionally, on September 14, 2023, staff received direction from the Council to initiate a ZOA to allow Animal Clinics in the Downtown Districts on properties fronting Highway 111. City staff has prepared ZOA23-0002, which amends the PDMC to incorporate these recommendations. Adopting the staff’s recommendation will result in a recommendation that the Council adopt a Notice of Exemption pursuant to CEQA under the General Rule exemption and approve ZOA23-0002. BACKGROUND/ANALYSIS: A Report was first presented to the Council in 2021 by the City’s Economic Development Department. The report identified existing constraints and barriers local brokers were encountering in the City. The 2021 report identified the following recommendations: • Streamline processes for restaurants, daycare centers, health clubs, and indoor automotive sales by changing from requiring a CUP to an Administrative Use Permit (AUP) in certain zoning areas. City of Palm Desert Case No. ZOA23-0002 Change of Zone Page 2 of 3 Staff incorporated these recommendations in a ZOA that was approved by the Council in May 2022. Following these changes, the Economic Development Department decided to continue to initiate a Report every two (2) years. The 2023 Report was presented to Council on May 25, 2023, which included the following findings: • The City is still a preferred location for businesses to move to; however, retail space is limited, and industrial inventory is near zero. • New commercial construction is needed but difficult due to costs and limited land. • The City’s DE-O district continues to post challenges to fill vacancies. The Council directed staff to initiate a ZOA to add a new land use category for golf cart retail sales, remove certain land uses from requiring a CUP, add a “non-conforming” clause to office uses in the DE- O, and require a CUP for self-storage facilities in the Service Industrial (SI) Zoning District. Staff has prepared a ZOA that amends multiple sections of the PDMC to incorporate the aforementioned direction from the Council, which is presented as Exhibit “A” in the attached resolution. The amendments are summarized below. Golf Cart and Neighbor Electric Vehicle (NEV) Retail Sales (indoor/outdoor) The PDMC currently regulates the sale of new or used golf carts under the same rules and regulations of all automobile vehicles, where it is only allowed with a CUP in the SI zone. The ZOA establishes the retail sales of golf carts and NEVs as their own defined use, allowed indoors with a CUP in the Downtown (D) and DE-O zoning districts and allowed with an AUP in the SI district. Outdoor sales would require the approval of a CUP in the D, DE-O, and SI zoning districts. The ZOA provides requirements and standards on screening, signage, loading, outdoor storage and display, and storefront orientations. Personal Storage Facilities Mini-storage and outdoor recreational vehicle storage are both currently allowed with the approval of a CUP in the Freeway Commercial Overlay Zone (FCOZ) and are permitted by right in the SI zone. The ZOA provides a definition for “Personal Storage” to separate personal storage from an industrial warehouse use and defines “personal storage,” “self-storage,” and “recreational vehicle storage facility” interchangeably. The ZOA establishes that Personal Storage facilities require a CUP within the FCOZ and SI zone and provides standards on location, parking, architecture, loading areas, landscaping, circulation, fencing, outdoor lighting, storage of recreational vehicles and boats as accessory uses, business activities, materials, utilities, habitation, and tenant noticing. Personal storage facilities would not be permitted to develop within all, or any part, of any existing industrial warehouse or structure. Animal Clinics Section 25.99.020 of the Zoning Code defines Animal Clinics as, a place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where for only a short time, critical patients are kept longer than 24 hours. Boarding of animals can be incidental to such clinic use. The term “veterinary clinics or animal hospital” should be used interchangeably with “animal clinic.” The ZOA updates PDMC Table 25.18-1 Use Matrix for Downtown Districts (Downtown Land Use Table) to allow Animal Clinics through a CUP in the Downtown (D), Downtown Overlay (D-O), and Downtown Edge (DE) districts. Additionally, Animal Clinics would be restricted to properties with frontage along City of Palm Desert Case No. ZOA23-0002 Change of Zone Page 3 of 3 Highway 111 and would be prohibited along El Paseo. Specific use standards on noise, waste disposal, and outdoor uses are also incorporated. Office Uses In the DE-O Zone, Medical Offices are prohibited, and Professional Offices require approval of a CUP. The ZOA revises the Downtown Land Use Table to allow Medical Offices in the DE-O, with the approval of an AUP and allows Medical Offices in the DE-O Zone as a permitted use. Medical Offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an AUP. Public Input: Public Notification Public noticing was conducted for the September 22, 2023, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of ten (10) days before the hearing date in The Desert Sun newspaper. Environmental Assessment/Environment Review: Pursuant to CEQA and the State CEQA Guidelines, the project was found to be exempt from further environmental review per Section 15061(b)(3) (General Rule exemption). It has been determined that the amendments do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the quality of life for the community. Because the amendment is not a project under CEQA, they are not subject to further environmental review. Findings of Approval: Findings can be made in support of the project under the PCMD. Findings in support of this project are contained in Planning Commission Resolution No. 2845, attached to this staff report. REVIEWED BY: Department Director: Richard D. Cannone, AICP Principal Planner Carlos Flores for Nick Melloni, AICP ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2845 2. Public Hearing Notice 3. Notice of Exemption PLANNING COMMISSION RESOLUTION NO. 2845 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF THE PALM DESERT MUNICIPAL CODE CASE NO. ZOA23-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October 2023, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of Zoning Ordinance Amendment 23-0002; and WHEREAS, the ZOA modified the Palm Desert Municipal Code (PDMC) Chapter 25 (Zoning) to change and update land uses and definitions; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Findings. The Planning Commission hereby finds that: A. The City of Palm Desert, California (“City”), a municipal corporation duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. 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 the PDMC amendment to Title 25 as shown in Exhibit “A” which is attached hereto and incorporated herewith. PLANNING COMMISSION RESOLUTION NO. 2845 2 SECTION 3. CEQA. The Planning Commission finds that the adoption of this ordinance is not a “project” as defined in the CEQA because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance 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 one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 5. Project Recommendation. The Planning Commission hereby recommends to the Palm Desert City Council approval of Case No. ZOA23-0002 as depicted in Exhibit A, attached hereto; and SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings for recommendation by the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Case No. ZOA23-0002 to the City Council. ADOPTED ON October 3, 2023. JOSEPH PRADETTO CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY PLANNING COMMISSION RESOLUTION NO. 2845 3 I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on October 3, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on October ___, 2023. RICHARD D. CANNONE, AICP SECRETARY PLANNING COMMISSION RESOLUTION NO. 2845 4 EXHIBIT A ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.06.030 is hereby amended as follows: 25.16.030 Allowed Land Uses and Permit Requirements Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title. Use regulations in the table are shown with representative symbols by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Residential Uses Caretaker housing N N N N N P 25.16.040.A Condominium C C C N C C 25.16.040.B Dwelling, duplex C C C C C C 25.16.040.B Dwelling, multifamily C C C C C C 25.16.040.B Dwelling, single-family C C C N C C 25.16.040.B Group home C C N N C C 25.16.040.B Single-room occupancies N N N N N C Homeless shelter N N N N N P Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility, indoors N N C C C N Amusement facility, outdoors N N N C C N Community facility N N N N N P PLANNING COMMISSION RESOLUTION NO. 2845 5 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Day care center N A A A A N Emergency shelters N P N N N P Entertainment facility, indoor N N N P P N Entertainment facility, outdoor N N N P P N Institution, educational C C C N N C Institution, general C N C N N C Institution, religious C N C N N C Open space (developed or natural) N P P N P N Recreation facility, commercial N N P P P N Recreation facility, private N N N P P N Theater/auditorium N N P P N N Utility, Transportation, Public Facility, and Communication Uses Commercial communication tower C C C C C C 25.16.040.C Commercial parking lot C N N N N N Public utility installation N N N N N P Public facility (utility or service) N N N N N P Utility facility N N C N N P Retail, Service, and Office Uses Accessory massage establishment P N P P P N 25.34.160 Adult entertainment N N N N N C 25.16.040.D Ancillary commercial A P P P N A 25.16.040.E Art gallery A P P P P C Art studio A P P P P C Bed and breakfast N A A A A N Business support services N N N N P P Cannabis retail N C C C C N 25.34.120 Cannabis testing and research laboratory C N N N N C 25.34.120 Convention and visitors bureau N N P N P N Drugstore N P P P N N Financial institution C P P P N N Grocery store N P P P N N 25.16.040.F Health club, gyms or studios N A P P P A Hotel N A A A P N 25.34.070 Independent stand- alone massage N N P P N N 25.34.160 Liquor store N P P P N N Liquor, beverage and food items shop N P P P P N Medical, clinic P N P P N N Medical, office P P P P N N Medical, hospital N N N N N C Medical, laboratory P N N N N P Medical office, accessory N N N N N P 25.16.040.G Medical, research facility P P N N N C PLANNING COMMISSION RESOLUTION NO. 2845 6 Commercial/Industrial District (P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted) OP PC-1 PC- 2 PC- 3 PC- 4 SI Special Use Provisions Mortuary N N N N N P Office, professional P N P P P P Office, local government P N N N N P Office, travel agency P P P P P N Outdoor sales N N A A A A Personal services N P P P P N Restaurant A A A A P A 25.16.040.E / H Retail N P P P P N Retail, bulky items N N N P P N Spa N N P P P N Time-share project N N N C C N Veterinary clinics/animal hospitals A N A A N A 25.34.210 Pet boarding N A A A N A Automobile and Vehicle Uses Automotive rental agency N N N N P P Automotive gasoline station N N C C N C 25.34.090 Automotive service facility N N C C N P 25.34.090 Automotive sales new and used (outdoor/indoor) N N N N N C (outdoor) A (indoor) Automotive sales of accessory parts and supplies N N N P P N Golf cart, neighborhood electric vehicle (NEV) sales (indoor) N N N N N C (outdoor), A (indoor) 25.34.190 Vehicle storage facility N N N N N P 25.16.040.I Industrial, Manufacturing, and Processing Uses Cannabis cultivation N N N N N C 25.34.120 Cannabis delivery N N N N N C 25.34.120 Cannabis distribution N N N N N C 25.34.120 Cannabis manufacturing N N N N N C 25.34.120 Industrial planned unit development N N N N N P Light industrial and research and development N N N N N P Maintenance facility N N N N N P Personal Storage Facility N N N N N C 25.34.200 Pest control facility N N N N N P Preparation of foodstuffs N N N N N P Production of home and office decor accessories N N N N N P Warehouse or storage facility N N N N N P Temporary Uses See Section 25.34.080 PLANNING COMMISSION RESOLUTION NO. 2845 7 1 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. (Ord. 1384 § 1, 2022; Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1302 § 2, 2016; Ord. 1279 § 6, 2015; Ord. 1277 § 4, 2014; Ord. 1259 § 1, 2013) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is hereby amended as follows: 25.18.040 Land Use and Permit Requirements Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations). TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS P = use permitted by right A = use requires administrative use permit C = use requires approval of conditional use permit N = use not permitted Land Use Zone Special Use Provisions D D-O DE DE-O Residential Uses Accessory dwelling unit P P P P 25.34.030 Assisted Living N N N C Condominium C 1 C 1 C C 25.16.040.B Dwelling, duplex C 1 C 1 C P 25.16.040.B Dwelling, multifamily C 1 C 1 C P 25.16.040.B Dwelling, single-family C 1 C 1 C N 25.16.040.B Group home C 1 C 1 C N 25.16.040.B Junior accessory dwelling unit P P P P 25.34.030 Home-based business P4 P4 P4 P4 25.34.020 Agriculture-Related Uses Garden, private C 1 C 1 N P PLANNING COMMISSION RESOLUTION NO. 2845 8 Land Use Zone Special Use Provisions D D-O DE DE-O Greenhouse, private N N C P Horticulture, private N N C P Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C Day care center C 1 C 1 N N Day care, large family N N N P 25.10.040.F Day care, small family N N N P Institution, educational N N C C Institution, general N N C C Institution, religious N N C C Mechanical or electronic games, ≤ 4 P 1 P 1 P N Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N Recreational facility, incidental N N N C 25.10.040.H Recreation facility, private N N N P Recreation facility, public N N N C Retail, Service, and Office Uses Accessory massage establishments P P P N 25.34.160 Ancillary commercial N N A N 25.16.040.E Animal Clinic C1,6 C1,6 C1,6 N 25.34.210 Art gallery P P P A Art studio P 1 P 1 A A Book and card shops P P N N Bed and breakfast N N C C Cannabis retail C N C N 25.34.120 Cannabis testing and research laboratory C N N N 25.34.120 Clothing and apparel shops P P P N Convention and visitors bureau P 1 P 1 C N Drugstore P 1 P 1 N N Financial institution P 1 P 1 C N Furniture stores and home furnishings P P P N Gift and accessories boutiques (including small antiques) P P P N Grocery store < 35,000 SF C 1 C 1 N N Health club, gyms or studios C 1 , 2 C 1 , 2 C 2 N Hotel C C C C Independent stand-alone massage establishments P 1 P 1 C N 25.34.160 Jewelry shops P P P N Liquor store P 1 P 1 N N Liquor, beverage and food items shop P 1 P 1 N N Luggage shops P P P N Medical, clinic P 1 P 1 P N Medical, office P 1 P 1 P N A5 Medical, hospital P 1 P 1 C C Medical, laboratory N N P N Mortuary C 1 C 1 N N Office, professional P 3 P 3 P C P3 25.28.040.C Office, local government P 1 P 1 P N PLANNING COMMISSION RESOLUTION NO. 2845 9 Land Use Zone Special Use Provisions D D-O DE DE-O Office, neighborhood government N N N C Office, travel agency P 3 P 3 P N 25.10.040.K Outdoor sales A 1 A 1 A N Personal services P P P N Restaurant C 2 C 2 C 1 N 25.16.040.H Retail P P P N Retail, bulky items P 1 P 1 C N Retail, Golf carts and neighborhood electric vehicles (NEV) C N C N 25.34.190 Spa P P P C Sundries shops (general merchandise) P P P N Time-share project C 1 C 1 N N Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C Commercial communication tower C C C Commercial parking lot P P C C 25.10.040.I Office parking lot N N N C 25.10.040.L Public service facility N N N C Utility facility N N N C Utility installation C C N N Automobile and Vehicle Uses Automotive rental agency P P C N Automotive service station C C N N Temporary Uses See Section 25.34.080 1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District. 4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed-use developments. 5. Medical Offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an Administrative Use Permit. 6. Use only permitted on properties with frontage along Highway 111. SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.28.070 is hereby amended as follows: PLANNING COMMISSION RESOLUTION NO. 2845 10 25.28.070 Freeway Commercial Overlay Zone 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 of commercial uses. 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 only permitted in the FCOZ, the project must utilize FCOZ standards. B. Conditional uses. Uses permitted by approved conditional use permit shall be 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 2 or more of the above uses. 6. Hotel. 7. Commercial recreation and amusement establishments. 8. Mini Personal storage. 9. Outdoor recreational vehicle and boat storage. C. Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following: 1. Development of individual projects within the approved master plan shall be processed through the precise plan process. 2. Property to be master planned shall be at least 5 acres in size and shall have frontage on a designated arterial street. 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. PLANNING COMMISSION RESOLUTION NO. 2845 11 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 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). F. Landscaping. All master planned 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. (Ord. 1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 2013) SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.34 is hereby amended as follows: 25.34.190 Golf cart and/or Neighborhood Electric Vehicle (NEV) retail sales A. Purpose and Intent. The purpose of this Section is to allow for the establishment, expansion and improved performance of Golf cart and/or neighborhood electric vehicle (NEV) retail uses. This section serves to establish specific use and design standards to ensure such facilities are designed to minimize visual impacts to surrounding properties and roadways by requiring attractive display areas and prevent adverse impacts from vehicle storage, noise, or glare. B. Applicability. The provisions of this Section shall apply to all new Golf Cart and/or neighborhood electric vehicle (NEV) retail sales establishments, and to all existing facilities at such time as the existing establishment business is expanded. C. General Requirements - Indoor a. The facility shall only sell golf carts and/or neighborhood electrical vehicles (NEVs), as respectively defined by the California Vehicle Code, and accessories customarily associated with the vehicles. b. Potentially noisy activities shall not be located near or oriented towards residentially zoned areas. c. All storage and loading areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle showroom display areas, shall occur that are visible from a public street. d. Vehicle display showrooms shall be oriented toward major public streets. PLANNING COMMISSION RESOLUTION NO. 2845 12 e. All exterior signage shall comply with Chapter 25.56. f. Parking shall be provided as required by retail uses in accordance with Chapter 25.46. D. Supplemental Requirements within One Eleven Development Code. a. Outdoor areas for the display or storage of vehicles for sale or rent shall only be permitted if approved by the Planning Commission by Conditional Use Permit. The Planning Commission shall find that the outdoor area for display or storage of vehicles is in a suitable location that enhances the business and project site and does not impact surrounding residents, businesses, or general public. b. The use shall operate entirely within the building space. c. Uses shall provide an indoor showroom space for the display of vehicles for sale or lease which shall be oriented as a storefront towards the primary street frontage of the site where the use is established. d. Street-facing facades shall have transparent glazing that provides views into the display and sales areas. Transparent windows or doors shall be provided for at least 75 percent of the building wall area located between 2.5 feet and eight feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 25 feet without an opening. e. Window display areas shall be well-lit and kept clean and free of clutter. f. Security gates shall not be placed in street-facing display windows or doors or be visible from public view. g. Signage within windows shall not obstruct views of the vehicle display area. h. On-site service of vehicles may only occur as an accessory use if it is wholly contained within the building. i. Applications for Indoor Golf cart and/or neighborhood electric vehicle (NEV) retail sales shall include the following: i. Exterior elevations or renderings showing the storefront display area. ii. Signage plans iii. Lighting plans for showroom display lighting. iv. Floor plans E. Supplemental Requirements for Outdoor Storage and Display a. Outdoor Storage and Display Areas shall only be allowed within the Service Industrial (SI) zoning district. b. Areas designated for employee or customer parking shall not be used for vehicle storage or display. c. Vehicles for sale or rent shall not be stored or displayed within the public right-of-way at any time. d. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the existing or proposed building. e. All storage and display areas shall be screened from public view from adjoining properties and from public rights-of way by walls and landscaping. PLANNING COMMISSION RESOLUTION NO. 2845 13 f. All outdoor lighting shall be consistent with Chapter 24.16 – Outdoor Lighting. g. Applications for Outdoor Golf cart or neighborhood electric vehicle (NEV) retail sales shall include the following: i. Site plans showing outdoor display and storage areas. ii. Exterior elevations or renderings showing the storefront display area and exterior display areas. iii. Signage plans iv. Lighting plans for showroom display lighting 25.34.200 Personal Storage Facilities A. Purpose and Intent. The purpose of this Section is to establish site planning, development and operating standards for self-storage, personal storages, and recreational vehicle storage facilities within the City of Palm Desert. It is the intent of the City of Palm Desert, in establishing these standards to mitigate potential adverse visual impacts of this use on adjacent and surrounding property by requiring additional setbacks, screening, and locational standards. B. Applicability. The regulations contained within this chapter shall apply to personal storage facilities, as defined in Chapter 25.99 of this Title, and shall be in addition to any other development standards and regulations contained elsewhere in the Municipal Code and/oror conditions imposed by the Planning Commission in a Conditional Use Permit. This use may only be located in those zoning districts as described herein. C. Location a. Storage facilities may only be permitted with the approval of a Conditional Use Permit in the Service Industrial (SI) zoning district, or parcels with a Freeway Commercial Overlay (FCOZ) designation. b. A new facility shall not be located within 1,000 feet of an existing storage, personal storage facility, or major transit stop as defined in California Resources Code Section 21064.3. c. Personal storage facilities shall not be permitted to develop within all, or any part, of any existing industrial warehouse or structure. D. Development Standards a. Except as provided in this section, all property stored on the site of a personal storage facility shall be entirely within enclosed buildings. b. Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road or sidewalk. c. Parking and storage areas shall be screened from any adjacent public streets and residential uses by a combination of building architecture, landscaping, and site walls. d. The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood and adjacent bulidings. e. The architecture of the facility, including, but not limited to, fences, walls, gates, buildings and landscaping, shall, to the maximum extent possible, PLANNING COMMISSION RESOLUTION NO. 2845 14 be compatible with the community and shall be subject to review by the Architectural Review Commission. E. Parking and Loading Areas. a. Parking shall be provided as required in Section 25.46.050 Parking Requirements. Said parking spaces shall also be arranged on the subject property so as not to obstruct any driveways nor adversely affect vehicular ingress and egress to the facility. For facilities larger with a gross floor area greater than 10,000 square feet, a Parking Impact Analysis shall be provided in the Precise Plan application. b. Any office space within the personal storage facility shall require 4 spaces per every 1,000 ft of office space, consistent with Section 25.46.040 of the Municipal Code. c. Required parking areas shall not be located within any required landscape setback area. d. Spaces in any approved outdoor storage area shall not be included as required parking. e. Loading areas shall be no less than twelve feet wide. f. Ground level, roll-up door storage areas shall have an exclusive use loading area in front of the unit. Such exclusive use loading areas shall not be counted as required parking. This loading area shall not encroach into the minimum required drive-aisle. g. In addition to the exclusive use loading areas, common loading areas shall be provided in an amount sufficient to serve the users of the interior storage units and shall be designed to ensure that drive aisles will not be obstructed. F. Circulation a. Internal drive aisles shall provide sufficient width and radius for maneuvering vehicles to accommodate vehicular circulation and separate loading areas. b. Sufficient turning movements shall be demonstrated with the Precise Plan review. G. Landscaping a. A minimum of 20 percent of the total site area shall be landscaped with plant materials designed to provide beautification and screening. b. A landscaped setback area no less than 20’-0” in depth shall be provided along any public street frontage. c. A landscaped setback area no less than 10’-0” in depth shall be provided along any interior property line. d. All areas between site walls and property lines shall be fully landscaped with live landscaping and continuously maintained. e. In addition to any landscaping required under Chapter 25.52, a minimum of one 24-inch box canopy tree shall be planted per thirty feet of street frontage and shall be continuously maintained. H. Fences and Walls. a. All screen walls shall be constructed of masonry, concrete or other similar materials. No chain link fencing shall be permitted. b. The design and materials used in the construction of fences and walls shall be compatible with the architecture of the buildings of the self-service storage facility and with buildings in the area surrounding the facility; PLANNING COMMISSION RESOLUTION NO. 2845 15 I. Outdoor Lighting a. Outdoor lighting shall be at the minimum amount required to discourage vandalism and theft. b. Outdoor lighting shall comply with requirements of Chapter 24.16 Outdoor lighting. J. Outdoor Storage of Recreational Vehicles and Boats. Open storage of recreational vehicles and dry storage of boats may be permitted as an accessory use with a personal storage facility primary use; provided, that the following standards are met: a. The storage shall occur only within a designated area approved under a Precise Plan. The designated area shall be clearly delineated on the site plan and site. b. The recreational vehicle and boat storage area shall not exceed 25 percent of the buildable area of the site. c. Measurement of recreational vehicles shall comply with Section 8.40.040 Measurement of recreational vehicles. d. The storage area shall be entirely screened from view from adjacent residential areas and public streets by a building and/or solid walls with landscaping on the outside of said building and/or solid walls. e. Storage shall not occur within the area set aside for minimum building setbacks. f. No dry stacking of boats shall be permitted on site. g. No vehicle maintenance, washing, or repair shall be permitted. K. Business Activity. The use of Personal Storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units or any accessory uses on premises. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following: a. Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During said lien sales, customer vehicles shall not be allowed to obstruct travel ways within the Personal Storage facility. b. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment. c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. L. Hazardous Materials. No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored in a Personal Storage unit. M. Utilities. Water, gas, or telephone service to any rental space is prohibited. N. Habitation. Human habitation of any rental space is prohibited. O. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted in a conspicuous location within the front of each rental unit. The notice shall be reviewed as part of the Precise Plan application process. PLANNING COMMISSION RESOLUTION NO. 2845 16 25.34.210 Animal Clinics A. Purpose and intent. The purpose of this section is to allow the establishment, expansion and improved performance of animal clinics, as defined in Chapter 25.99 Definitions, within allowed commercial areas and establish minimum standards to ensure uses are compatible with existing businesses and uses in the area. B. Specific Use Standards a. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted. b. The entire use shall be conducted within a totally enclosed and air- conditioned building. c. Outdoor run areas shall be prohibited. d. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet California Building Code requirements for interior decibel levels shall be submitted with the application for a discretionary permit. e. All applications for veterinary uses shall provide a detailed plan for pet waste and medical waste disposal that will prevent odor issues arising. f. Animal clinics within Downtown Districts shall only be permitted on properties with frontage along Highway 111. C. SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.99.020 is hereby amended as follows: 25.99.020 Land Use Definitions For the purposes of this title, certain words, phrases, and terms used in this title shall have the meanings assigned to them by this chapter. Abandoned sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has occurred. Abut. Two adjoining parcels of property with a common property line, including 2 or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way. Access or accessway. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this title. PLANNING COMMISSION RESOLUTION NO. 2845 17 Accessory building or structure. Accessory building or structure means a subordinate building or structure located on a building site, the use of which is customarily related to that of a main building or to the use of the land. Accessory dwelling unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for 1 or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and 2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code. Accessory massage establishment. A certified massage establishment located within a hotel, beauty salon, day spa, athletic club, chiropractors office, doctors office, physical therapy office, or yoga or Pilates studio where revenue from massage services is less than 50 percent of the total revenue of the hotel, beauty salon, day spa, athletic club, doctor or chiropractor’s office, or yoga or Pilates studio. Addition. An extension or increase in floor area or height of a building or structure. Adult entertainment. Any sexually oriented business, including an adult bookstore or video store, cabaret, adult motion picture theater, sexual device shop, or semi-nude model studio. Advertising device. Any balloon, flag, pennant, propeller; oscillating, rotating, pulsating light; or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person. Advertising display. Any device, contrivance, statue, or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with the advertising display. Air contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property. Alley. An access roadway or drive that provides service access to the rear or sides of a parcel. Alteration. Any work on a structure that does not result in any addition to the structure. Ambient noise level. General noise level one finds in a certain area at a given time. PLANNING COMMISSION RESOLUTION NO. 2845 18 Amendment. A change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed. Amusement arcade. Any business having 5 or more mechanical or electronic games. See also mechanical or electronic game. Amusement facility, indoors. An establishment providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, and electronic game arcades, as primary uses. Five or more mechanical or electronic games in any establishment are considered an amusement arcade as described above. Amusement facility, outdoors. An establishment providing outdoor amusement and entertainment services for a fee or admission charge. Ancillary commercial. Commercial operations or sales incidental or subservient to the primary use. For instance, a coffee kiosk within an office building would be considered ancillary to the use. Animal clinic. A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where for only a short time, critical patients are kept longer than 24 hours. Boarding of animals can be incidental to such clinic use. The term “veterinary clinics or animal hospital” should be used interchangeably with “animal clinic.” Apartment. A habitable room or suite of two or more habitable rooms with a single kitchen, in a multiple dwelling, occupied or suitable for occupancy as a residence for 1 family and shall be considered a dwelling unit. Apiary. A place where bees and their hives are kept for their honey. Architectural projections. Projections from a building which are necessary for the shading of a building or features such as sills, cornices, and chimneys. Such projections may extend into required yards only as allowed by the provisions of this title. Art gallery. An establishment where works of art are exhibited and/or sold. Art studio. A workplace for the teaching or practice of an art. Automotive gasoline station. A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. The use may also include mini-markets and other food sales, accessory towing and trailer rental services. These uses do not include the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. PLANNING COMMISSION RESOLUTION NO. 2845 19 Automotive rental agency. A retail establishment for the display or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats. Automotive sales of accessory parts and supplies. A retail establishment that sells only new automobile parts, tires, and accessories. These uses do not include any type of vehicle repair, battery replacement, service bays, oil changes, or tire recapping establishments. Automotive sales new and used (outdoor/indoor). A service industrial commercial establishment selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, golf carts, snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. Automotive service facility. A facility to repair and/or store vehicles. It includes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping. Awning sign. A sign painted on, printed on, or attached to the surface of an awning. Back-lit awning. An internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning. Balcony. An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves. Figure 25.99-1: Balcony Bar or lounge. Any use where the on-site sale and consumption of alcoholic beverages equals or exceeds 50 percent of gross sales of food and beverages from that location. PLANNING COMMISSION RESOLUTION NO. 2845 20 Basement. That portion of a building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground. Bed and breakfast. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under each definition of Hotels and Motels. Bee. Any stage of the common domestic honey bee, Apis mellifera species. Beehive. Any structure being used to house a colony of honey bees. Beekeeper. A person who owns or has charge of one or more bees. Botanical conservatory. A room having glass roof and walls, typically attached to a house on only one side, used to grow plants. Building. A structure having a roof supported by columns or walls. Building frontage. That building elevation that fronts on a public street, alley, driveway, parking area, pedestrian plaza, courtyard, or arcade. Building height. Vertical distance from the average elevation of the finished grade to the highest point on the structure directly above; provided that a roof shall be measured to the highest point of the roof. Building line. A line in the interior of a lot parallel to the property line and located at a distance equal to setback distance. Building, main. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this title. Building site. A legally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof. Building site coverage. The percentage of the building site covered by structures, open or enclosed, excluding courts, patios, terraces, swimming pools, and post- supported roofs over walkways. Building site, through. A building site having frontage on two parallel or approximately parallel streets. PLANNING COMMISSION RESOLUTION NO. 2845 21 Business. Management, operation, sale, purchase, or other transaction involving the handling or disposition of commodities or services. Business sign. A sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays. Business support services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: 1. Equipment repair services (except vehicle repair; see Vehicle services). 2. Commercial art and design (production). 3. Computer-related services (rental, repair). 4. Copying, quick printing, and blueprinting services (other than those defined as Printing and publishing). 5. Equipment rental businesses within buildings (rental yards are storage yards). 6. Film processing laboratories. 7. Heavy equipment repair services where repair occurs on the client site. 8. Janitorial services. 9. Mail advertising services (reproduction and shipping). 10. Mailbox services. 11. Outdoor advertising services. 12. Photocopying and photofinishing. Cabinet sign. A sign that has one or more plastic, acrylic or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated. Caretaker housing. A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care, or supervision, or monitoring of facilities, equipment, or other conditions on the site. Carport. A roofed structure or a portion of a building, enclosed on 2 or more sides, primarily for the parking of automobiles belonging to the occupants of the property. PLANNING COMMISSION RESOLUTION NO. 2845 22 Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see Mortuary. Certificate of occupancy. A required document issued by the building and safety division prior to the occupation or use of vacant land or prior to occupation or use of buildings erected or structurally altered. Certified massage establishment. Any massage establishment where the only persons employed or used by that establishment to provide massage services have current and valid state certifications. Club, private. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business. Cluster development. An arrangement of dwelling units, attached or detached, which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space. Commercial. Operated or carried on primarily for financial gain. Commercial complex means two or more businesses shown on a common development plan, plot plan, or precise plan of design functioning as a unit, with common off-street parking provided on the property as an integral part of the unit. Commercial communication tower. A tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment. The term commercial communication tower shall not include amateur radio operators’ equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas. Commercial mascot. Humans or animals used as advertising devices, typically by the holding or wearing of insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. Commission or Planning Commission. The City Planning Commission. Community collector. A medium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has emergency parking only and has a significant amount of parallel and perpendicular pedestrian traffic. Community facility. A noncommercial use established primarily for the benefit and service of the population of the community in which it is located. Conditional use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes of type of PLANNING COMMISSION RESOLUTION NO. 2845 23 equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in their unit and an interest as granted in common in common areas. Condominium means condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code. Condominium conversion project. A project for which a valid map and conditional use permit application have been submitted to the City after the adoption of the ordinance codified in this chapter to divide one or more parcels of real property into condominiums/condominium hotels and the creation of separate ownership of the units therein with a separate interest in the space within all structures thereon. This shall not apply to those conversion projects for which a valid map was approved by the City prior to adoption of said ordinance. Condominium hotel or “condotel.” Any condominium hotel that is intended for transient use and is subject to Chapter 3.28, Transient Occupancy Tax. A condominium hotel is a commercial use and can only be located within a commercial zone or multifamily residential zone with approval of a conditional use permit. A condominium hotel is not considered a residential property and may not be used as a permanent place of residence. Construction sign. A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers. Convalescent home, nursing home, rest home, and home for the aged. Each is a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill, or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. Convention and visitors bureau. An establishment primarily engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, such as assisting organizations in locating meeting and convention sites; providing travel information on area attractions, lodging accommodations, restaurants; providing maps; and organizing group tours of local historical, recreational, and cultural attractions. Conventional development. A development, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit. PLANNING COMMISSION RESOLUTION NO. 2845 24 Country club. A club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures. Crematory. Land used for the cremation of the dead. Crops and horticulture, limited. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing as part of an established residential use. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site. Day care facilities. Facilities that provide care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the State Department of Social Services: 1. Day care center. A commercial or nonprofit child or adult day care facility not operated as a small or large family day care home. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer’s disease, or similar disabling condition. These may be operated as part of a business, school, or religious facility, or as an independent land use. 2. Day care, large family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for 9 to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility. 3. Day care, small family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility. Density, gross. The total number of dwelling units permitted on an acre of land exclusive of all existing public streets and right-of-way, but including all streets or right- of-way to be developed. Density, net. The same as density except proposed streets and rights-of-way shall be excluded. Disabled person. Persons as defined in United States Code, Title 42, Section 423 and shall also include handicapped persons, as defined in the California Health and Safety Code Section 50072. PLANNING COMMISSION RESOLUTION NO. 2845 25 Domestic animal. Means any domesticated animal or household pet that is not sold for commercial purposes and that is commonly maintained in a dwelling unit. Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street. Drugstore. An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies, including tobacco stores. Dwelling, duplex. An attached permanent building containing two dwelling units. Dwelling group. One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings. Figure 25.99-2: Example of a Dwelling Group Dwelling, guest. Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen. Figure 25.99-3: Guest Dwelling Dwelling, multiple-family. A permanent building containing three or more dwelling units. Figure 25.99-4: Multifamily Dwelling PLANNING COMMISSION RESOLUTION NO. 2845 26 Dwelling, single-family. A permanent building containing one dwelling unit. Figure 25.99-5: Single-Family Dwelling Dwelling unit. One or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes. Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over the land. Electric substation. A moderate- to large-scale facility serving a subarea, entire City, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs, and similar structures. Eligible tenant. A tenant who has had a valid lease or rental agreement in a unit that is proposed to be converted in connection with a condominium conversion project or for a minimum of 36 months prior to the first tenant notification prior to filing the application for a condominium conversion project pursuant to Section 66427.1(b) of the Subdivision Map Act. In the event that occupancy of the unit was first permitted more recently than 36 months prior to the first tenant notification, then eligible tenant means a tenant who has had a valid lease or rental agreement since a date within 30 days of the date on which occupancy was first permitted. PLANNING COMMISSION RESOLUTION NO. 2845 27 Emergency shelter. A facility that provides immediate short-term housing and supplemental services for the homeless. Supplemental services may include food, counseling, and access to other programs. Externally lighted sign. A sign whose immediate source of illumination is not enclosed by the surface of the sign structure. Face or wall of a building. The outer surface of any main exterior wall or foundation of a building, including windows and store fronts. Family. Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. Farmworker housing. A property which consists of a tract of land and all vehicles, mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as migrant farmworkers including sleeping facilities, provided in whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such utility services as are necessary for their habitation of such property. Fence. A freestanding structure of metal, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes. Financial institution. An establishment such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM). Fire station. A building housing firefighting apparatus and firefighters. Floor area, gross. The total horizontal area, in square feet, including the exterior walls of all floors of a structure. Floor area ratio. The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. Figure 25.99-6: Floor Area Ratio PLANNING COMMISSION RESOLUTION NO. 2845 28 Formula business. A type of retail, service, or restaurant establishment that has 20 or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, décor, color scheme, uniformed apparel, standardized signage, a trademark or service mark. Freestanding sign. A sign supported by upright pedestals or braces placed upon or into the ground and detached from any building. Freeway. A high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements. Freeway signage. Any building sign that is visible and has frontage along the Interstate 10. Garage, private. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property. Garage, public. A building other than a private garage used for the maintenance or temporary storage of motor vehicles. Garden, private. A predominately landscaped area adjacent to and accessible from a residential unit for the sole use of the occupants of the residential unit. Golf cart, neighborhood electric vehicle (NEV) retail sales (indoor). An indoor retail showroom establishment selling and renting new or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code or neighborhood electric vehicles (NEVs) as defined in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. This use does not include outdoor display area. Golf cart, neighborhood electric vehicle (NEV) retail sales (outdoor). A retail establishment selling and/or renting new and/or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code, and neighborhood electric vehicles (NEVs) as defined PLANNING COMMISSION RESOLUTION NO. 2845 29 in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. Facilities may include outdoor retail display area. General Plan, the Palm Desert General Plan. the General Plan of the City. Grade, ground elevation. The average elevation of the finished ground surface surrounding a building. Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed. Greenhouse, commercial. A facility for the indoor propagation of plants for commercial sale. Greenhouse, private. A private facility for the indoor propagation of plants. Grocery store. A self-serve retail market selling foods and household merchandise. Gross area. The horizontal area within the lot lines of a lot or parcel of land, before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Group home. Any facility used to provide nonmedical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children, people who are physically disabled, or the mentally impaired. Habitable room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath, or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces. Health club. Fitness centers, gymnasiums, health, and athletic clubs including indoor sauna, spa, or hot tub facilities; and indoor tennis, handball, racquetball, and other indoor sports activities. Height of a sign. The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign. Helicopter. A form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one or more power-driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, PLANNING COMMISSION RESOLUTION NO. 2845 30 and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. Helistop. An area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo. Hillside areas. Those areas of land which are so designated in Section 25.78.020 (Hillside Development Plan). Hillside ridge. A ridgeline that is formed by the juncture of two or more sloping planes that project outward from a mountain range and descend towards the valley floor more particularly identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of the City clerk. Home-based business. An occupation conducted as an accessory use within a dwelling unit. Horticulture, private. The private cultivation of ornamental plants, native plants, fruits, vegetables, and flowers in gardens and landscapes. This use type does not include retail sales on premises. Hotel. Any building or portion thereof with access provided through a common entrance, lobby, or hallway to six or more guestrooms, and which rooms are designed, intended to be used or are used, rented, or hired out as temporary or overnight accommodations for guests. Identification sign. A sign limited to the identifying name, symbol, or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located. Improvements. Any manmade actions which add to the value or enhance the value of land, e.g., streets, utilities, and buildings. Independent stand-alone massage establishment. Any certified massage establishment where revenue from massage services exceeds 50 percent of the establishment’s total revenue. Industry. The manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise. Institution, educational. Private or public schools, colleges or universities qualified by the state Board of Education to give general academic instruction. PLANNING COMMISSION RESOLUTION NO. 2845 31 Institution, general. Publicly or privately owned and operated activities, nonprofit organizations, or philanthropic activities that cannot be considered residential, commercial, or industrial uses. Institution, religion. A church or other religious organization. Intensity. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism, and land use. Internally lighted sign. A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure. Junior accessory dwelling unit. A residential unit that: 1. Is no greater than 500 square feet in size; 2. Is contained entirely within an existing or proposed single-family structure; 3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and 4. Includes an efficiency kitchen, as defined by in Section 25.34.030(C)(4) of this code. Junk. Any worn-out, cast-off, or discarded article or material. Junk and salvage yard. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material, or junk. Kennel. Any lot where four or more dogs or cats over the age of four months are kept or maintained. The term “pet boarding” should be used interchangeably with “kennel.” Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of food. Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system. Laundry. A building where clothing and fabrics are washed, other than a launderette, and is defined in this title as an industrial use. Library. A place in which literary, musical, artistic, or reference materials (as books, manuscripts, recordings, or films) are kept for use but not for sale. Light industrial and research and development. A laboratory facility that is primarily used for non-office PLANNING COMMISSION RESOLUTION NO. 2845 32 scientific research. This use can include the design, de-velopment, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products. Line of sight. A visual path emanating from an average eye level adjudged to be five feet above the ground level. Liquor, beverage and food items shop. A retail establishment that sells a variety of alcoholic and nonalcoholic beverages and food items. Liquor store. A retail establishment that primarily sells a variety of alcoholic beverages for off-premises consumption. Livestock raising, noncommercial. The raising and keeping of livestock, poultry, or insects for any noncommercial purposes. Living area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Loading space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress. Local street. A low-speed, low-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic. Loft. See Mezzanine. Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map. Figure 25.99-7: Standard Lot Configuration Lot, corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees, which lot shall be considered a corner lot. If greater than one 135 degrees, the lot shall be considered an exterior lot. PLANNING COMMISSION RESOLUTION NO. 2845 33 Lot coverage. The percentage of a lot covered by the total square footage of the main building, garage, and/or any accessory buildings that are larger than 150 square feet. Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street. Lot, interior. A lot other than a corner or reverse corner lot. Lot, key. The first lot to the rear of a reverse corner lot and not separated by an alley. Figure 25.99-8: Lot Types Lot line. Any line bounding a lot. Property line means the same as lot line. Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the zoning administrator shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement. Lot line, interior. A lot line not abutting a street. Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length PLANNING COMMISSION RESOLUTION NO. 2845 34 of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot lines. Lot line, side. Any lot line not a front lot line or rear lot line. Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not. Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Low income. Income does not exceed 80 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Maintenance facility. A facility used for providing maintenance and repair services for vehicles and operational equipment. Maintenance yard. An area of land devoted to maintenance and repair services for vehicles and operational equipment. Outdoor storage and repair activities may have noise and visual impacts on the surrounding areas. Manufactured home park. Any area or tract of land where one or more manufactured home lots are sold, rented, or leased or held out for rent or lease to accommodate manufactured homes used for human habitation, and includes mobile home accommodation structures. The rental paid for any such manufactured home is deemed to include rental for the lot it occupies. Manufactured housing. A structure that meets the following criteria: 1. Transportable in one or more sections. 2. When in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet. 3. Built on a permanent chassis. 4. Designed to be used as a residential dwelling. 5. Erected with or without a permanent foundation when connected to the required utilities. PLANNING COMMISSION RESOLUTION NO. 2845 35 6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein. This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. Manufactured home includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). See also Mobile home. Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property. Figure 25.99-9: Marquee Master plan of arterial highways. The master plan of the City designating adopted and proposed routes for all arterial highways within the City. Master plan of drainage. An engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the Council. Mechanical or electronic game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horseracing machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device. Medical, clinic. An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include inpatient or overnight accommodations. May also include laboratories that are ancillary to the primary use. Medical, hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient PLANNING COMMISSION RESOLUTION NO. 2845 36 beds, and equipment and facilities to provide complete healthcare. May include on-site accessory clinics and laboratories, accessory retail uses, and emergency heliports. Medical, laboratory. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession. Medical marijuana dispensary, as set forth in the Compassionate Use Act, or dispensary. Any facility or location where medical marijuana is publicly made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. Medical, offices. A health facility in an office environment providing health services including without limitation preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to these offices, but excluding inpatient services and overnight accommodation. Medical, research facility. A laboratory facility that is primarily used for medical scientific research. Mezzanine. An intermediate level of a building interior containing floor area without complete enclosing interior walls or partitions placed in any story or room and not separated from the floor or level below by a wall. The floor area of any mezzanine shall be counted as part of the total floor area for any floor area or FAR limitation. In addition, when the total floor area of any such mezzanine exceeds 33.3 percent of the total floor area in that room, it shall constitute an additional story. No more than 1 continuous mezzanine may be permitted in any 1 room. Mobile home. A structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing. Moderate income. Income does not exceed 120 percent of the then-current median household income of the County of Riverside adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. Monument sign. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign. PLANNING COMMISSION RESOLUTION NO. 2845 37 Monument sign, freeway-oriented. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate 10. Mortuary. Facilities providing funeral preparation and funeral services including embalming, memorial services, and cremation. Motel. Shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels. Motor vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks. Movable-frame hive. Any hive design that allows the beekeeper to readily remove the combs from the hive during hive inspections, in order to monitor and manage conditions within the colony. Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and their occupation or specialty. Net area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property. Nightclub. A place of business open after 10:00 p.m. which provides for the on-site consumption of food or alcoholic beverages with entertainment which includes, but is not limited to, music, dancing, comedy, and karaoke. Noncommercial. An enterprise or activity which is not normally conducted for profit or gain. Nonconforming structure. A lawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title. Nonconforming use. The lawfully established use of a building, structure, or land that does not conform to the use regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title. PLANNING COMMISSION RESOLUTION NO. 2845 38 Nursery. An establishment providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment. Office, accessory. An office that is incidental and accessory to another business or sales activity which is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. Office, local government. An administrative, clerical, or public contact office of a government agency, includ-ing postal facilities, together with the incidental storage and maintenance of vehicles. Office, professional. Offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see Medical, offices), financial institutions (see Financial institution), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, accessory). Outdoor storage of materials is prohibited. Office, travel agency. A business that accommodates travelers, as by securing tickets, arranging for reservations and giving information. Open space, developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development. Open space, natural. Any parcel of land or water which is essentially unimproved and devoted to an open space use. Orchard. An area of land devoted to the cultivation of fruit or nut trees. Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a condominium conversion project. Outdoor advertising structure or sign. A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located. Outdoor sales. Permanent outdoor sales and rental establishments including equipment and other uses where the business is not conducted entirely within a structure. PLANNING COMMISSION RESOLUTION NO. 2845 39 Parcel. The same definition as lot. Parking lot, commercial. A designated outdoor area used for parking motor vehicles that serves commercial establishments. Parking lot, office. A designated outdoor area used for parking motor vehicles that serves office developments. Parking stall. The space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office, and working areas, for the parking of one automobile, not less than 20 feet in length and not less than 9 feet in width. Park, public. Parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities. Parkway. A relatively low-speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short-range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement. Pathway. An access way to accommodate pedestrians, bicycles, and electric carts. Pedestrian-way. A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use. Personal services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, clothing rental, dry cleaning pick- up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons. Personal Storage. A commercial land use facility consisting of the rental of space for the storage of personal property and/or the storage of recreational vehicles. An industrial warehouse is not considered commercial storage. This definition shall also apply to “Self-Storage” and “Recreational Vehicle Storage Facility” Pest control facility. A business establishment specializing in the elimination of vermin, insects, etc., from a building, especially by the controlled application of toxic chemicals. 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 PLANNING COMMISSION RESOLUTION NO. 2845 40 may be residential, commercial, or industrial in nature or a combination of any 2 or more. Planned street line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line. 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. Political sign. Any sign concerning candidates for political office or involving a ballot issue. Pool. Any structure for swimming, bathing, or wading or as a fish pond or similar use. Price sign. A sign limited to the name or identification of items or products offered for sale on the premises, and the price of the items or products. Private. Belonging to or restricted for the use or enjoyment of particular persons. Projecting sign. A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom. Public safety area. A strip of land adequate in width adjacent to and parallel with a street right-of-way. Public service facility. A broad land use category of governmental and quasi- governmental building or complexes that provide public services, such as municipal buildings, fire stations, police stations, public information centers, and similar facilities. Public way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way, or other way in which the public has a right of use. Real estate sign. A temporary sign advertising the sale, lease, exchange, or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent. Real estate tract sales office. A temporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivisions. PLANNING COMMISSION RESOLUTION NO. 2845 41 Recording studio. A facility for sound recording and mixing. Recreational vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreation facility, commercial. Any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain. Recreation facility, incidental. Any use or development either public or private providing amusement, pleasure, or sport which is subservient to a primary land use (e.g., pool as part of an apartment complex). These facilities are generally permitted by right if the facilities are customarily part of the primary use. Recreation facility, private. Any private use or development providing amusement, pleasure, or sport, which is not carried on primarily for financial gain. Recreation facility, public. Any public development either public or private, providing amusement, pleasure, or sport. Re-queen. To replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming. Restaurant. Any use providing for the preparation, retail sale, and on-site consumption of food and beverages. Restaurants include but are not limited to cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, and places of business with similar uses. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises, provided that the sales of food and nonalcoholic beverages equals or exceeds 51 percent of gross sales of food and beverages. Businesses where the sales of food and nonalcoholic beverages do not exceed 51 percent of gross sales of food and beverages shall be deemed a bar or lounge. Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer. Retail, bulky items. The selling of large-sized merchandise. Riding and hiking trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles. Right-of-way. An area or strip of land, either public or private, on which a right of passage has been recorded. Roof deck—prohibited. A roof deck is any configuration of the uppermost roof of a building, or the main roof of a building, which allows regular access by the building’s users, tenants, or visitors for any purpose, is prohibited. PLANNING COMMISSION RESOLUTION NO. 2845 42 Roof sign. A sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The lowest point of a mansard style roof shall be considered the eave line. Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction. San Pablo overlay frontage. The lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure 25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue. Scenic highway. Any highway designated a scenic highway by an agency of the City, county, state, or federal government. Senior citizen. Any person who is 62 years of age or older. Service. An act, or any result of useful labor, which does not, in itself, produce a tangible commodity. Setback area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line. Setback distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line. Shopping center. An integrated development of retail and service commercial activities on one lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs. Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel. Sign. Any device used for visual communications or attraction, including any identification announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background. Sign and advertising device do not include the following for purposes of this title: 1. Official notices issued by any court or public body or officer. 2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice. 3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state, or county authority. PLANNING COMMISSION RESOLUTION NO. 2845 43 4. The flag of the state or of the United States or any official flag of any other state or country. Sign face. The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered together with the frame and the background. Single-room occupancy (SRO). A residential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both. Spa. Any premises, place of business, or membership club providing facilities devoted especially to health, beauty, and relaxation that deal with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments. Special category tenants. Those eligible tenants who also qualify as disabled, senior citizen, low-income, or very low-income individuals as defined under California law. 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. Sports courts. As described in Section 25.40.070, a sports court is considered a walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities. Stable, boarding. The keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses includes the giving of private lessons (1 trainer/1 student), but does not include group lessons, group clinics, shows or similar related activities. Stable, private. A building or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Street or highway. A public or private vehicular right-of-way other than an alley. Street centerline. The centerline of a street right-of-way as established by official survey. Street opening. A curb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property. PLANNING COMMISSION RESOLUTION NO. 2845 44 Structural alterations. Any change in the supporting members of a building or structure. Structure. Anything placed, constructed or erected, which may be readily movable or collapsible, and may require a fixed location on the ground or attached to something having a fixed location on the ground, except business signs and other improvements of a minor character. Subdivision Map Act. Those provisions set forth in Government Code Section 66410 et seq., as amended or superseded. Swarming. The natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honey bee colony. Swimming pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed, and used for swimming, dipping, or immersion purposes by men, women, or children. Theater, auditorium. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events. Time-share project. One wherein a purchaser receives the right in perpetuity, for life, or for a term of years to the recurrent, exclusive use, or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and includes, but is not limited to, time- share estate, interval ownership, vacation license, vacation lease, club membership, time-share use, and hotel/condominium. A time-share project is subject to a single conditional use permit for time-sharing purposes and a plan of time-sharing set forth in covenants, conditions, and restrictions encumbering such real property, and all real property which is subject to the single conditional use permit and which shall be subsequently annexed under such plan. Townhouse development. A cluster development consisting of attached two-story dwelling units. Figure 25.99-10: Townhouse Development PLANNING COMMISSION RESOLUTION NO. 2845 45 Transitional and supportive housing. A shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. Ultimate right-of-way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way. Unit. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers. Use. The purpose, for which land or a building is occupied, arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. Use, accessory. A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use. Use, principal. The main purpose, for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. Use, temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this title. Utility facility. Buildings, substations, equipment, and other operations that serve more than 1 property and are related to the provisions of public utility services such as electricity, natural gas, and other utilities. This category includes the following: • Fixed-base structures and facilities serving as junction points for transferring utility services from 1 transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers or equipment and material storage yards. • Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable PLANNING COMMISSION RESOLUTION NO. 2845 46 television, and other communications transmission facilities utilizing direct physical conduits. Utility installation. The equipment and utility infrastructure that is required for an individual development. Vacancy rate. The number of vacant apartment dwelling units being offered for rent or lease in the City of Palm Desert shown as a percentage of the total number of apartment dwelling units offered for or under rental or lease agreement in the City. The vacancy rate shall be established by a public or private service that monitors apartment vacancies within the City. Valet parking. Whenever a parking attendant is utilized to park cars in an assigned area that is not available to the general public. Vehicle, commercial. A vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit or designed, and used primarily for the transportation of property. Vehicle sign. Any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby. On street-legal vehicles, the following signs or insignia are not considered to be vehicle signs, and are not regulated as vehicle signs: 1. Messages on a vehicle where the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle. 2. Commercial messages that do not exceed a total of 3 square feet in size. 3. Commercial messages on mass transit vehicles that pass through the City. Vehicle storage facility. A facility to store operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling. Vehicular accessway. A private, nonexclusive vehicular easement affording access to abutting properties. Very low income. Income that does not exceed 50 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. PLANNING COMMISSION RESOLUTION NO. 2845 47 Wall sign. A sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. The lowest part of a mansard-style roof shall be considered the eave line. Warehouse or storage facility. A facility for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than consumers. Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within 5 feet of the window is considered a window sign for the purpose of calculating the total area of all window signs. Wing wall. An architectural feature in excess of 6 feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. Yard. Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the projections permitted by this title. Zone. A zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply. Zoning map. The official zoning map of the City which is a part of this title. Zoning Ordinance, this ordinance. The comprehensive Zoning Ordinance of the City. (Ord. 1393 § 33, 2023; Ord. 1384 § 2, 2022; Ord. 1366 § 2, 2021; Ord. 1358 § 2, 2020; Ord. 1331 § 3, 2017; Ord. 1321, 2017; Ord. 1304 § 1, 2016; Ord. 1303 § 7, 2016; Ord. 1302 § 5, 2016; Ord. 1292 § 4, 2015; Ord. 1279 § 21, 2015; Ord. 1277 § 7, 2014; Ord. 1267A § 2, 2014; Ord. 1259 § 1, 2013) CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760-346-0611 PLANNING@PALMDESERT.GOV CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. ZOA/EA 23-0002 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER APPROVAL OF A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A ZONING ORDINANCE AMENDMENT TO MODIFY SECTIONS OF THE PALM DESERT MUNICIPAL CODE (PDMC) The City of Palm Desert Planning Commission finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. PROJECT LOCATION: Citywide PROJECT DESCRIPTION: Approval of staff’s recommendation will allow zoning text amendments for adding land use definitions, altering allowable land uses and review timeframes, and adding specific use standards to reduce City processing timeframes for project review and business licensing within the City. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 3, 2023. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/committees-and-commissions/commission-information. PUBLIC REVIEW: The plans and related documents are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. Please submit written comments to the Planning Division. 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 Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, AICP, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@palmdesert.gov PUBLISH: THE DESERT SUN RICHARD D. CANNONE, AICP, SECRETARY SEPTEMBER 22, 2023 PALM DESERT PLANNING COMMISSION Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: ZOA23-0002 2. Project Applicant: City of Palm Desert 3. 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): Citywide (City of Palm Desert 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: A request to amend sections of Title 25 (Zoning) of the Palm Desert Municipal Code 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the 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: City of Palm Desert 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. State type and section number: State CEQA Guidelines §15332 – “Class 32 – Infill Project” (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: The project is exempt from CEQA per the general rule. 10. Lead Agency Contact Person: Carlos Flores, Senior Planner Notice of Exemption FORM “B” 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: Signature: Date: Title: Senior Planner  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.