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HomeMy WebLinkAbout2015-12-01 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION • AGENDA TUESDAY, DECEMBER 1, 2015 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION DECEMBER 1, 2015 A. MINUTES of the Planning Commission meeting of October 20, 2015. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None IX. CONTINUED BUSINESS None X. 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 (3) minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of a Zoning Ordinance Amendment (ZOA) that will amend Palm Desert Municipal Code Section 25.34.120 to prohibit cannabis dispensaries, cannabis manufactures, cultivation, and delivery of cannabis in the City of Palm Desert. Case No. ZOA 15-322 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2657, recommending to the City Council approval of ZOA 15-322. Action: B. REQUEST FOR CONSIDERATION of a Conditional Use Permit for the sale of Tesla branded automobiles and dedication of six (6) parking stalls for vehicle display and charging stations within The Gardens on El Paseo parking structure located at 73-515 El Paseo. Case No. CUP 15-317 (The Gardens on El Paseo, LLC, Bloomfield Hills, Michigan, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2658, approving Conditional Use Permit 15-317, subject to conditions. Action: 2 GAPlanning\Monica OReilly\Planning Commission\2015Wgenda\12-1-15 agn.docx AGENDA PALM DESERT PLANNING COMMISSION DECEMBER 1, 2015 C. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Notice of Determination of a Negative Declaration for an ordinance amendment to repeal Palm Desert Municipal Code Section 25.72.040 "Development Plans" and adopt a new Municipal Code Section 25.78.080 "Specific Plans" and make minor amendments to Municipal Code Sections 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to reflect the new specific plan ordinance. Case No. ZOA 15-03 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2659, recommending to the City Council approval of ZOA 15-03. Action: XI. MISCELLANEOUS A. PRESENTATION to the Planning Commission by Maria Song, Terra Nova Planning & Research, regarding the Green Building Program and Net Zero. Action: XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP XIII. COMMENTS XIV. ADJOURNMENT 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 not less than 72 hours prior to the meeting. Dated this 25th day of November 2015. Monica O'Reilly, Administrative"Secretary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346- 0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanningWonica OReilly\Planning Commission\2015\Agenda\12-1-15 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, OCTOBER 20, 2015 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM SERT, CA 92260 I. CALL TO ORDER Chair Ken Stendell called the meeting to or t 6:00 p.m: II. ROLL CALL Present: Commissioner Sonia Camp Commissioner Nancy DeLu ` Commissioner Joseph Prade Vice Chair John Greenwood Chair Ken StendI' Staff Prese r ` r Jill Trembla ���� Atto Lauri laian, elopment T Prin Planner hen, gin onica O'Rei 11 mi tive Secretary III. GE OF ALL ANC Com ner Jo Pradetto led the Pledge of Allegiance. IV. SUMMAR UNCIL ACTION Ms. Lauri Aylaian, Director of Community Development; and Mr. Tony Bagato, Principal Planner, summarized pertinent October 8, 2015, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of September 1, 2015. Rec: By Minute Motion, approve as presented. B. REQUEST FOR CONSIDERATION of a lot line adjustment at 44-401 and 44- 431 San Pascual Avenue (Assessor Parcel Numbers 627-114-005 and 627- 114-006). Case No. PMW 15-086 (Prospect Co anies, Solana Beach, California 92075, Applicant). Rec: By Minute Motion, approve a lot line nt, Case No. PMW 15- 086. C. REQUEST FOR CONSIDERATIO a two-yea tension to the entitlements for an 88-room hote restaurant pad ed at 75-144 Gerald Ford Drive. Case Nos 06-18/C P 06-15 ( Garden & Associates, LLC., Yorba Linda, Ca is 928 -pplicant). Rec: By Minute Motion rove a t r extension (until November 8, 2017), Case Nos. /CUP 06-y D. REQUEST FOR CONSI A a ear extension to the entitlements fo Delio P N ssi I ated at 44-450 Monterey Avenue. C 07-0 elio, Desert, California 92211, Applicant Rec: B ute M pprove two-year extension (until December 4, 201 s a by missioner Pradetto, second by Vice Chair Greenwood, and vote of Ian Commission (AYES: Campbell, DeLuna, Greenwood, Pra ' and Stendel , ES: e; ABSENT: None; ABSTAIN: None), the Consent Calen as approved rese d. VII. CON T ITEM LD OVER None VIII. NEW BUSINESS None 2 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 IX. CONTINUED BUSINESS A. MINUTES of the Planning Commission meeting of August 18, 2015, (Continued from the meeting of September 1, 2015). Rec: Approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Pradetto, and a 5-0 vote of the Planning Commission (AYES: Campbe . DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABST one), the August 18, 2015, Planning Commission minutes were approved as pr d. X. PUBLIC HEARINGS None XI. MISCELLANEOUS A. REQUEST FOR CONSIDERATION Parcel Map Waiver No. 15- 235, to convert an entry et to a resi lot and walkway located at 74- 000 Gerald Ford Drive or Parce bers 694-260-045, 694-260- 046, and 694-260-065), a ndition se No. PMW 15-235 (D.R. Horton, c/o: Jennifer O'Lea oro orni 80, Applicant). Mr. Bagato rep he pro within oject known as The Gallery located on t h sid Geral d Drive, and adjacent to the project to the east is Do " e stated the ap nt is requesting to reconfigure the lots to convert an street sidentia and a walkway. He noted that City staff has been ada w' o ve pedestrian access on Parcel B even th "° wou be vehic . ss. He also noted that normally a Parcel " ar lic would be under the Consent Calendar; however, this is der Misce ous to requirements that have not been met. Staff commended val ffered to answer any questions. cc), sioner Son ampbell commented that it sounds complicated; however, if sta' ommen `approval and it is the best solution, she is in favor and moved pr Commission ancy DeLuna referred to Exhibit B of the Parcel Map Waiver, and asked what is to the left on Parcel B. Mr. Bagato responded that it is vacant land owned by Mr. Mickey Rillington, original developer of Dolce. He said Parcel B is dedicated as a secondary access; however, the access was never required by the adjacent property owners. 1%r Commissioner DeLuna inquired what is located to the west. 3 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 Mr. Bagato replied that he believes it is residential lot. He said future pedestrian access would be required from the property to the west. Commissioner DeLuna clarified that Parcel B would connect with a future pedestrian access. Mr. Bagato replied yes. He noted that Michelangelo Lane would be converted from a street to a residential lot (Parcel A). Parcel B would be used for pedestrian access through the future development on Cortesia Way. Chair Stendell declared the public hearing open and invite applicant to address the Planning Commission. MR. PAUL DE PALATIS, MSA Consulti represent r for D.R. Horton), Rancho Mirage, California, said it is a co ated process nvert the parcel because they have to deal with a num utilities. He state the request is to convert an unused segment of a road to a sidential lof maintain a walkway that would connect The Ga comm with the sch site to the west. He said this request preserves t rough D.R. Horton's project, then ultimately there would ed to be a 'nd easement on the Rillington property. He offered to ans uestions. . Ms. Jill Tremblay, City Attorn inter or th Ord that this Parcel Map Waiver applicatio a Misce >eo n a Public Hearing item. However, it co V lannin ission cision to have the applicant address the issio Commissio eLuna staff if have the ability or the right to compel Rillington ho �� o nding portion so that there would be pe. cces Bagato nde t if the current owner or if the property is sold to meone else, has bility to require an easement. Co sioner De asked if staff could compel the other owner to provide the right- y acces rough. Mr. Bagat yes. Commissioner Pradetto stated that there was a motion, and he will second that motion. Commissioner Campbell moved to approve Parcel Map Waiver 15-235 to convert an entry street to a residential lot and walkway located at 74-000 Gerald Ford Drive. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: ;fir Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). 4 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 Commissioner Campbell moved to waive further reading and adopt Planning 11%W Commission Resolution No. 2656, approving Case No. PMW 15-235, subject to conditions. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: Campbell, DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: None; ABSTAIN: None). B. REQUEST FOR DISCUSSION regarding potentially changing the regular Planning Commission meetings to the first and third Thursdays of each month. Ms. Aylaian stated that staff is requesting input re o changing meetings to the first and third Thursdays of each month. id the suggestion is to accommodate staff, and noted that the Plan a ent staff has a lot of young families. The potential meeting cha ould als ommodate people that want to build schedules around fa ctivities, suc little league or different activities in the community. S mmented it woul ice to have a single night a week set aside for e. , g meetin rather than " 1 ' . Currently, staff has a commitment on Thursday J; s (se nd fourth) fo" ity Council meetings. She thought it might be dly to also have Planning Commission meetings on T v sdays (first ird), which would free up four other nights of the week to schedul vities. Ms. Aylaian asked if the meeting change would work h ing Co sion. Commissioner Ca II respo d t is available on Tuesdays or Thursdays, as I eetin , the a g. Commissi Pradetto ked wh the agendas would be delivered. He commente refers view the . enda during the weekend because he works full-time-_u y a lie t Commissioner Pradetto has a very valid concern. pically an a n to be posted 72 hours in advance, which the agenda uld need to eliv by Monday. The Commission would not have the of reviewi a ag da over the weekend; however, she would check wit ff if the age could still be delivered on Fridays. Commi er etto suggested emailing a tentative agenda with the attachmen a head start reviewing the agenda. Vice Chair Greenwood agreed with Commissioner Pradetto. He said the more time they have to review agenda packets would be positive. As long as they continue receiving the agenda on Fridays, Thursdays would not be a conflict for him. Commissioner DeLuna stated that she values what City staff does, values their input, values their time, and she is sensitive to staff concerns. However, she is 5 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 involved in events that occur on Thursdays. Her concern is that she would not be able to participate in the events on conflicting Thursdays. Chair Stendell commented that his position on the Planning Commission is not a burden; it is a responsibility that he wants to give back to the City. He expressed that he loves Palm Desert and he's had opportunities through the years to move to other cities in the valley but has not. He personally elects to take many mini vacations, and heads out of town on Thursday nights. In the summer, he is gone almost every Thursday so he has mixed emotions. Chair Stendell said he is only one Planning Commission member so if it is meant to is meant to be. Following discussion, Ms. Aylaian stated that t unity is best served by leaving the meetings on Tuesday nights. ciated the Planning Commission willing to discuss this matter. Commissioner DeLuna thanked Ms. for allowing the a candid and express their desire to serve the City serve at t best intere he City. Vice Chair Greenwood asked if there i unity to receive the agenda packets earlier than Friday. Ms. Aylaian responded that have ok at the processing time; however, staff will discuss getti the out e XII. COMMITTEE PDAT A. ART I LIC PLA Chair Stende v, ommission with a Coachella Valley Hid #° eum ard, and he Palm Springs Art Museum 2015/2016 ar M. rt in Public Places Commission approved the following s: 1) The tin design and a design for a vinyl wrap for four traffic nal cabinets wo I ns; and 2) A subcommittee was selected for the /2018 El Pas xhibi n. Last, he announced there will be an all Coachella Va ublic art ting on November 19 from 5:30 p.m. to 7:30 p.m. at the Colle the De isual Arts building in Room 100. B. PARK EATION None C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP Vice Chair Greenwood reported that the Technical Working Group has been in the process of providing their markups on the first draft of the General Plan, and they have submitted the markups back to staff. The Technical Working Group is meeting on Thursday, October 22 to dissect all the comments. 6 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 20, 2015 XIII. COMMENTS Commissioner DeLuna expressed her regrets and best wishes to Ms. Lauri Aylaian, who is leaving the City of Palm Desert at the end of the week. The Planning Commission concurred and wished Ms. Aylaian all the best with the City of Palm Springs. XIV. ADJOURNMENT Upon a motion by Vice Chair Greenwood, second b missioner Pradetto and a 5-0 vote of the Planning Commission (AYES: C DeLuna, Greenwood, Pradetto, and Stendell; NOES: None; ABSENT: Non None), Chair Stendell adjourned the meeting at 6:29 p.m. ELL, CHAIR ATTEST: LAURI AYLAIAN, SEC PALM DESERT PL GC ISSI MONICA Y, R NG S RY 7 GAPlanning\Monica OReilly\Planning Commission\2015\Minutes\10-20-15 min.dou CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) THAT WILL AMEND PALM DESERT MUNICIPAL CODE SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION, AND DELIVERY OF CANNABIS IN THE CITY OF PALM DESERT SUBMITTED: Tony Bagato, Acting Director of Community Development APPLICANT: City of Palm Desert CASE NO: ZOA 15-322 DATE: December 1, 2015 CONTENTS: 1. Draft Planning Commission Resolution No. 2657 2. Legal Notice 3. BB&K Memo Recommendation Waive further reading and adopt Planning Commission Resolution No. 2657 recommending approval of ZOA 15-322 amending Palm Desert Municipal Code Section 25.34.120. Executive Summary Approval of staff's recommendation will support a Citywide ban on medical cannabis dispensaries, cultivation, and transportation/delivery. Due to changes in state law, the City must adopt an ordinance to regulate or prohibit medical marijuana/cannabis before March 1, 2016. If the City does not adopt any regulations or establish a prohibition before March 1, 2016, only the State regulations apply to medical marijuana/cannabis use within the City. Background In December 2005, the City Council adopted Ordinance No. 1106, Chapter 25.34.120 of the Palm Desert Municipal Code relative to Medical Marijuana Dispensaries as an urgency ordinance prohibiting dispensaries within the City limits. The current ordinance does not specifically prohibit other medical cannabis uses, such as planting, growing, harvesting, drying, storing, processing, or delivery. The City has received several citizen complaints regarding medical marijuana cultivation, processing and delivering in residential and *■r "w# Staff Report ZOA 15-322 - Cannabis Page 2 of 4 December 1, 2015 commercial districts. The reporting parties indicate that this activity creates health and safety concerns, noxious odors, and an increase in unwanted vehicular traffic within neighborhoods. The California legislature recently adopted legislation identified as the Medical Marijuana Regulation and Safety Act (AB 243, AB 266, and SB 643)(MMRSA) to comprehensively regulate medical marijuana (medical cannabis). The MMRSA recognizes and preserves local control to regulate or ban medical cannabis cultivation, transportation, and distribution. The MMRSA confirms and clarifies that, in addition to the complete land use control over retail dispensaries recognized in the City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, municipalities have the power to regulate or ban the cultivation and distribution of medical marijuana. Maral v. City of Live Oak (2013) 221 Cal.AppAth 975. Although the MMRSA allows municipalities to regulate or ban cannabis cultivation, manufacturing, transportation, and distribution of medical cannabis within their jurisdictions, it requires some local enabling legislation to accomplish some aspects of the regulations a jurisdiction wants to adopt. If a city or county chooses to regulate these activities comprehensively, it must adopt an overlay of local regulatory standards that are at least as strict as the state's default regulations. Specifically, the MMRSA provides that if a city or county has not banned or regulated cannabis cultivation by March 1, 2016, then cultivation in that jurisdiction will be subject only to state law on this issue.' Discussion Although a "prohibited unless permitted" zoning ordinance has been interpreted by the courts to prohibit marijuana dispensaries, to some, the Riverside decision leaves open the following issues: • Whether a city's "similar use determination" is potentially available to determine that marijuana dispensaries and cultivation are similar to other permitted uses and thus should also be permitted (i.e., listed marijuana uses as expressly prohibited and not subject to the similar use determination would remove all doubt); and • Whether transportation and non-retail distribution are regulated under existing municipal zoning codes. The MMRSA gives the City explicit authority to close these issues. The cultivation, transportation, and distribution of marijuana can create problems relating to public health and safety, crime, water and air quality, and energy consumption. Marijuana uses can create nuisance activity such as loitering and criminal activity in business and residential districts. Specifically, mobile delivery can create issues relating to responsibility and resources to monitor and enforce state law, questions of patient qualification, and risks relating to the high use of large sums of cash for mobile transactions. Cultivation can create It is possible that this deadline provision will be repealed and allow cultivation regulation any time. ti.r Staff Report ZOA 15-322 - Cannabis Page 3 of 4 December 1, 2015 air quality, energy, and water quality damage and impair building maintenance and safety. For example, the increased moisture necessary to grow marijuana indoors can create excessive mold growth and structural damage. Additionally, the equipment utilized to grow marijuana indoors can pose a risk of fire and electrical hazards due to dangerous electrical alterations and use. Further, inadequate ventilation combined with the use of pesticides and fertilizers in an enclosed space can lead to chemical contamination within structures. Staff is recommending that the City adopt an ordinance banning or regulating these uses. This is especially important in light of the looming March 1, 2016, deadline to adopt cultivation regulations or a ban. Staff is recommending that the City develop regulations or adopt a ban for: 1) medical marijuana distribution facilities; 2) marijuana cultivation; and 3) marijuana transportation. Regulations of Medical Cannabis Dispensaries As indicated above, the City of Riverside successfully defended its total ban of medical cannabis distribution facilities. The City of Riverside zoning ordinance categorizes medical marijuana dispensaries as prohibited uses throughout the city and provides that they may be abated as public nuisances. While the City of Riverside has exercised a total ban on medical marijuana dispensaries, other cities have decided to permit and regulate dispensaries within their jurisdiction. Regulations can include, for example: • Limiting the number of dispensaries. • Separation requirements from parks, schools, churches, and other dispensaries. • Limiting the use to a specific zoning designation. • Security requirements for the operation of the dispensary. • Hours of operation. • Loitering prohibition. Regulation of Medical Cannabis Cultivation The City of Live Oak has successfully defended a total ban on the cultivation of marijuana for any purpose within that city. It's legally upheld regulation provides that "marijuana cultivation by any person, including primary caregivers and qualified patients, collectives, cooperatives, or dispensaries" is prohibited in all zones. The MMRSA allows this approach. Alternatively, some cities are allowing cultivation with regulations such as: • Outdoor, residential cultivation so long as plants are enclosed, screened, and five (5) feet from the property line. • Indoor cultivation only with a permit. • Property owner must approve of cultivation on the property. • Limiting number of plants. V40W 1%001 Staff Report ZOA 15-322 - Cannabis Page 4 of 4 December 1, 2015 Should the City choose to leave cultivation unregulated, under the currently enacted version of the MMRSA, on March 1, 2016, only state law would control cultivation activities in Palm Desert. Regulation of Cannabis Delivery Mobile delivery of products consistently creates issues for cities because of the inherent transitory nature of the activity. A quick search of weedmaps.com identifies several cannabis dispensaries that currently operate in Palm Desert. These mobile delivery services are often attempts to avoid the effects of local dispensary bans. State law will regulate the delivery of medical marijuana unless delivery is explicitly prohibited by local ordinance. In light of the foregoing, the City has the option to ban or regulate mobile delivery. Regulations could include the following: • Hours of operation. • Amount of money or marijuana that can be carried at one time. • Time spent at one location. Conclusion The City has multiple options for the ban or regulation of medical cannabis. Due to the complexity of the legal and social issues surrounding medical cannabis, staff is recommending that the City institute a complete ban on medical cannabis dispensaries, cultivation, and transportation/delivery. Environmental The Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment),1 5060(c)(3) (the activities are not "projects" as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because they have no potential for resulting in physical change to the environment, directly or indirectly and 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it can be seen with certainty that it will not have a significant effect or physical change to the environment. Submitted By: Tony Bagato, Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2657 AN RESOLUTIION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT (ZOA) THAT WILL AMEND PALM DESERT MUNICIPAL CODE SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION, AND DELIVERY OF CANNABIS IN THE CITY CASE NO. ZOA 15-322 WHEREAS, in 1996, the voters of the State of California approved Proposition 215 (codified as Health & Safety Code Section 11362.5 e# seq. and entitled "The Compassionate Use Act of 1996"); and WHEREAS, the intent of Proposition 215 was'-"to enable seriously ill Californians to legally possess, use, and cultivate marijuana for medical use under state law; and WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana Program ("MMP"), codified as Health and,Safety Code Section 11362.7 et seq., which permits qualified patients and their primary caregivers to associate collectively or cooperatively to cultivate marijuana for medical purposes without being subject to criminal prosecution under the Penal Code; and WHEREAS, neither the Compassionate Use Act ("CUA") nor the MMP require nor impose an affirmative duty or mandate upon local governments to allow, authorize, or sanction the establishment of facilities that cultivate or process medical marijuana within its jurisdiction; and WHEREAS, in May 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, holding that cities have the authority to regulate or ban outright medical marijuana land uses; and WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section :801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and WHEREAS,:, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law; and WHEREAS, the Act becomes effective January 1, 2016, and contains provisions which allow for local governments to regulate licenses and certain activities thereunder; and WHEREAS, the Act contains a provision which sets forth that the State shall become the sole authority for regulation under certain parts of the Act, unless local governments have "land use regulations or ordinances regulating or prohibiting the cultivation of marijuana..." (Health and Safety Code §11362.777(c)(4); and v4vo `M01 PLANNING COMMISSION RESOLUTION NO. 2657 WHEREAS, several California cities have reported negative impacts of marijuana cultivation, processing, and distribution uses, including offensive odors, illegal sales, and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests; and WHEREAS, marijuana plants, as they begin to flower and for a period of two months or more, produce a strong odor, and detectable far beyond property boundaries if grown outdoors; and WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery, or armed robbery; and WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the health and safety of the occupants; including structural damage to- ,the building due to increased moisture and excessive mold growth which can occur and can pose a risk of fire and electrocution; additionally, the use of pesticides and fertilizers can lead to chemical contamination within the structure; and WHEREAS, the Attorney General's August 2008.°Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or,,p,remises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and WHEREAS, based on the experiences of other cities, these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur, in the City due to the establishment and operation of marijuana cultivation, processing, and distribution uses; and WHEREAS, the City's Municipal Code ("Code") does not address the cultivation, processing, delivery and distribution of medical cannabis; and WHEREAS, based on the findings above, the potential establishment of cannabis dispensaries, cultivation, cannabis manufacturers and delivery of cannabis uses in the City without regulation poses a current and immediate threat to the public health, safety and welfare in the City due to the negative land use and other impacts of such uses as described above; and WHEREAS, the issuance or approval of business licenses, subdivisions, use permits, variances, building permits, or any other applicable entitlement for cannabis dispensaries, cultivation, cannabis manufacturers and delivery of cannabis will result in the aforementioned threat to public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2 Nft� **Oe PLANNING COMMISSION RESOLUTION NO. 2657 2. That the Planning Commission does hereby recommend approval of ZOA 15- 322, as described in Exhibit A attached. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of December, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KEN STENDELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY CITY OF PALM DESERT, CALIFORNIA 3 PLANNING COMMISSION RESOLUTION NO. 2657 w.r► EXHIBIT A PDMC SECTION: 25.34.120 - MEDICAL CANNABIS USES A. Purpose and Intent 1. It is the purpose and intent of this Section, pursuant to the City's constitutional and charter authority to promote and protect the health, safety, and general welfare of the residents and businesses within the City by regulating the cultivation, distribution, delivery and processing of medical cannabis. 2. Nothing in this chapter shall be construed to (1) permit persons to engage in conduct that endangers others or causes a public nuisance,"(2) permit the use or cultivation of cannabis for non-medical purposes, or, (3) `permit any activity relating to the dispensing, cultivation, processing, delivery or distribution of cannabis that is illegal under state or federal law. B. Definitions For purposes of this Section, the following definitions shall apply: 1. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means thetseparated resin, whether crude or purified, obtained from marijuana.,''Cannabis" also means marijuana as defined by Section 11018 of the Health and afety Code as enacted by Chapter 1407 of the Statutes of 1972. 2. "Cannabis dispensary" �means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combinationfor retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale. 3. "Cannabis manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly 'or indirectly, or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container. 4. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. 5. "Delivery" means the commercial transfer of cannabis or cannabis products. 4 PLANNING COMMISSION RESOLUTION NO. 2657 C. Prohibited Activities 1. Cannabis dispensaries, cultivation, cannabis manufacturers, delivery of cannabis, and other medical cannabis uses, as defined herein, shall be considered prohibited uses in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a dispensaries, cannabis cultivation, cannabis manufacturers, and delivery of cannabis as defined herein in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district. 2. Nothing in this Section shall be construed to permit the sale, processing, or distribution of medical cannabis for commercial use or profit as is otherwise prohibited under state or federal law. D. Prohibited Activities Declared a Public Nuisance Any use or condition caused or permitted to exist in violation of this Section shall be and is hereby declared a public nuisance that may be abated by the City and/or subject to all available legal remedies, including but not limited to civil injunctions. E. Penalties for Violations 1. Violations of this Section constitute an infraction or misdemeanor and may be enforced by any applicable law. Notwithstanding any other provision of this Code, a violation of this Section is subject to civil and criminal penalties. 2. Each person is guilty of a separate' offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies. 5 1%W CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 15-322 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING SECTION 25.34.120 TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION AND DELIVERY OF CANNABIS IN THE CITY. CEQA Review: The Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activities will not result in a direct or reasonably foreseeable indirect physical change in the environment),1 5060(c)(3) (the activities are not "projects" as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because they have no potential for resulting in physical change to the environment, directly or indirectly and 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it can be seen with certainty that it will not have a significant effect or physical change to the environment. Project Location/ Description: City-wide Recommendation: Staff is recommending approval of the Zoning Ordinance Amendment. Public Hearing: The public hearing will be held before the Planning Commission on December 1, at 6:00 pm. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Tony Bagato, Acting Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 ext.480 tbagato@cityofpalmdesert.org PUBLISH: Desert Sun Tony Bagato, Acting Secretary November21, 2015 Palm Desert Planning Commission r.r✓ I el l7k BEST BEST & KRIEGER ATTORNEYS AT LAW Memorandum To: City Council From: City Attorney Date: November 12, 2015 Re: Potential Changes to the Palm Desert Municipal Code in Light of New Medical Marijuana Legislation QUESTION PRESENTED Does the City of Palm Desert need to update its municipal code provisions regarding medical marijuana regulation in light of new state legislation? BRIEF ANSWER Yes, the City will be required to take immediate action if it wishes to institute a complete ban against or regulate medical marijuana cultivation and/or mobile medical marijuana dispensaries. ANALYSIS The California legislature recently adopted The Medical Marijuana Regulation and Safety Act (Act), to comprehensively regulate medical marijuana. Under the Act, the City can either ban or regulate medical marijuana cultivation, manufacturing, dispensaries, and distribution. A. Brick-And-Mortar Medical Mariivana Dispensaries The Palm Desert Municipal Code ("PDMC" or "Code") currently bans brick-and- mortar medical marijuana dispensaries in all City zones. (PDMC § 25.34.120.) The City has the authority to ban medical marijuana dispensaries outright or use traditional land use and police powers to regulate them. (City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729.) So far, the City has chosen to institute an outright ban on dispensaries and this ban has successfully prevented any dispensaries from operating in Palm Desert. The Act will not require any amendment to the Code with regard to medical marijuana dispensaries. Such dispensaries will continue to be prohibited in Palm Desert unless the Code is amended to say otherwise. However, the City will be required to take immediate action if it wishes to institute a complete ban against or regulate medical marijuana cultivation and/or mobile medical marijuana dispensaries. ''%I/' I /i1k BEST BEST & KRIEGER ATTORNEYS AT LAW B. Cultivation Under the Act, if the City wishes to ban or regulate medical marijuana cultivation, it must adopt an ordinance addressing those goals prior to March 1, 2016. Otherwise, the City will lose its authority to ban or regulate cultivation within its city limits. The State would then become the sole licensing authority. The Act's author has agreed to remove this strict deadline via clean-up legislation, but to be safe; the City should enact an ordinance by the end of February 2016 to protect its interests. Under case law, and as confirmed by the Act, the City may institute a complete ban on medical marijuana cultivation (Maral v. City of Live Oaf (2013) 221 Cal.App.4th 975) or regulate it, for example, by banning all outdoor cultivation, banning all indoor cultivation, requiring a permit, or limiting the number of plants that can be cultivated on any given parcel. Some cities that have regulated cultivation have experienced problems. For example, the indoor cultivation of marijuana can have potential adverse effects to not only the health and safety of the occupants but to the structures as well. The increased moisture necessary to grow indoors can create excessive mold growth and structural damage. Additionally, the equipment utilized to grow indoors can pose a risk of fire and electrocution due to dangerous electrical alterations and use. Further, the inadequate ventilation combined with the use of pesticides and fertilizers in an enclosed space can lead to chemical contamination within the structure. If the City does intend to regulate cultivation, applicants would first have to obtain a local permit or license and then would be allowed to apply for a state license. If this is the City's intent, Best Best & Krieger LLP can assist with putting together the appropriate framework. C. Deliveries and Mobile Dispensaries Under the Act, if the City wishes to ban or regulate deliveries or mobile dispensaries, it must adopt an ordinance that explicitly prohibits or regulates these activities. The Act specifically states that deliveries can only be made by a dispensary and in a city, county, or city and county that does not explicitly prohibit it by local ordinance (Bus. & Prof. Code, § 19340(a).) There is no similar March 1, 2016 deadline with respect to mobile delivery, however, it is recommended that the City take related action on mobile delivery when it acts on the cultivation issue. Many cities have struggled with mobile delivery of medical marijuana. Mobile delivery services frequently operate in an attempt to undermine local dispensary bans by bringing marijuana directly to consumers. Mobile delivery has increased risks because it is difficult to ensure the delivery business is fully complying with California law, or that these businesses are providing appropriate medical services to patients in need. The City could ban mobile dispensaries outright. Or, the City could choose to regulate their operation. For example, - 2 - I91 /� BEST BEST & KRIEGER ATTORNEYS AT LAW the City can control hours of operation, the amount of money or marijuana that can be carried at one time, and even the amount of time spent at one location by these services. These regulations could serve to mitigate some of the risks these mobile dispensaries pose. CONCLUSION If the City wishes to regulate or ban the cultivation of medical marijuana, it needs to act before March 1, 2016. If the City would also like to regulate or ban mobile dispensaries, it should do so in connection with its action on cultivation. Staff's recommendation to the City Council is to retain the City's ban on brick-and-mortar dispensaries and to adopt outright bans on both cultivation and mobile delivery. Attached to this memorandum are a draft ordinance and staff report that would retain the ban on dispensaries and to also prohibit cultivation and mobile delivery as discussed therein. ROBERT HARGREAVES JILL TREMBLAY - 3 - CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR THE SALE OF TESLA BRANDED AUTOMOBILES AND DEDICATION OF SIX (6) PARKING STALLS FOR VEHICLE DISPLAY AND CHARGING STATIONS WITHIN THE GARDENS ON EL PASEO PARKING STRUCTURE LOCATED AT 73-515 EL PASEO SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: The Gardens on El Paseo, LLC 200 East Long Lake Road, Suite 300 Bloomfield Hills, MI 48304 CASE NO: CUP 15-317 DATE: December 1, 2015 CONTENTS: 1. Draft Planning Commission Resolution No. 2658 2. Legal Notice 3. Applicant's Statement of Use 4. Plans and Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2658, approving Conditional Use Permit 15-317 for the sale of Tesla branded automobiles and the dedication of parking stalls within The Gardens on El Paseo parking structure for vehicle display and charging stations. Executive Summary Approval of the Conditional Use Permit (CUP) will allow the applicant to sell Tesla brand automobiles within an enclosed lease space at The Gardens on El Paseo and to install charging stations at six (6) parking stalls on the lower level of the parking structure for the purposes of electric vehicle charging and the outdoor display of four (4) Tesla models. Staff Report �.. *00, Cup 15-317: The Gardens on El Paseo / Tesla Page 2 of 7 December 1, 2015 Background A. Property Description: The Gardens on El Paseo ("The Gardens") is a 10+ acre upscale outdoor shopping mall bounded by El Paseo to the north, Larkspur Lane to the east, San Pablo Avenue to the west, and Shadow Mountain Drive to the south. Built in the mid-1990, The Gardens include seven (7) detached single-story and two-story buildings connected by outdoor corridors and walkways. A two-story, 850+ stall parking structure is located along Shadow Mountain Drive, with vehicle access located along Larkspur Lane and San Pablo Avenue. On-street parking is available along all surrounding streets. B. General Plan Designation and Zoning: General Plan: Community Commercial (C-C) Zoning: General Commercial (C-1) / El Paseo Overlay (E.P.0) C. Adjacent Zoning and Land Use: North: C-1/S.P, General Commercial/Scenic Preservation — Various Commercial Tenants South: C-1 /R-3, 13,000 (3), General Commercial/Residential Multiple Family — Various Condominiums and Apartments East: R-3 (4), Residential Multiple Family— Hotel Paseo (under construction) West: C-1 / R-3, General Commercial/Residential Multiple Family — El Paseo Village / Condominiums Proiect Description The applicant requests to open a Tesla retail concept store at The Gardens and to install six (6) charging stations within the lower level of the parking structure for the purposes of electric vehicle charging and outdoor display. The retail concept store is located within building 'G' of The Gardens and fronts onto El Paseo. Existing building tenants include Louis Vuitton, Pottery Barn, and Ann Taylor. The retail store consists of 2,615 square feet and includes an office, storage area, and restroom. The remaining portions of the space are dedicated as an open showroom, in which one (1) finished Tesla model and one (1) Tesla chassis are on display. Television displays and a lounge are also provided for customers. Tesla will also display vehicle models and install six (6) charging stations on the lower level of The Gardens parking structure. The stations are attached to the parking structure wall at a height of four (4) feet. The floor area dedicated to the Tesla display \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Testa\CUP 15-317-PC Staff Report.doc Staff Report *ftw NWO, Cup 15-317: The Gardens on El Paseo / Tesla Page 3 of 7 December 1, 2015 and charging stations is approximately 1,200 square feet. The portion of wall space within the display area will be painted "silver" and a new "Tesla" sign will be placed in the area to brand and identify the spaces for Tesla display vehicles. An epoxy treatment will be applied to the floor and a six (6) inch red stripe will delineate the display area from the public areas of the parking structure. Analysis The Palm Desert Municipal Code (P.D.M.C.) lists permitted, conditionally permitted, and prohibited land uses for each zoning district established in the City. The General Commercial (C-1) zoning district allows retail developments and uses as a permitted use by right, however, auto retail sales are not specifically addressed as a prohibited or allowed use. The El Paseo Overlay also permits retail uses and provides a broader range of uses to establish El Paseo as a retail and pedestrian corridor. The Planning Commission may, by way of a CUP, approve other uses within the overlay district if the use is determined to be compatible with the intent of the overlay. A. Land Use Compatibility: The Gardens is designated C-1 (General Commercial) with an E.P. (El Paseo) overlay on the City's zoning land use map. The Gardens is developed and has been in operation since the late 1990s and is surrounded by existing restaurants, commercial uses, and residences. The site operates seven (7) days a week and the continued use of the site as an upscale retail establishment and outdoor shopping mall is compatible with the adjacent commercial and office uses. However, consideration regarding Tesla's use and operations, vehicle display, and routes for test driving, is warranted in order to minimize those impacts on adjacent properties. The intent of the El Paseo overlay district is to enhance the pedestrian commercial district by creating a continuous succession of diverse, specialized, and compatible businesses that contribute to the pedestrian outdoor shopping experience. Tesla has distinguished itself far differently from other auto-retailers, in that it produces two (2) models of electric vehicles, the Model S and Model X, and operates strictly out of retail-type storefront rather than a large auto-center type setting. Tesla is also a high-end automotive producer and its product line is specialized from other auto- makers. As proposed, Tesla will establish a retail storefront at The Gardens that will operate similar to businesses within the same complex. The store will be open seven (7) days a week and keep normal business hours. The store employs approximately ten (10) people and displays a single vehicle and model chassis within the retail store front. Exterior signage and branding is similar to surrounding business and complies with City code requirements. Purchasing of Tesla models is done via an order and the purchaser's vehicle is custom built off-site and delivered directly to the purchaser. The retail-type setting \\srv-f12k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Tesla\CUP 15-317-PC Staff Report.doc Staff Report *ftw -410 Cup 15-317: The Gardens on El Paseo / Tesla Page 4 of 7 December 1, 2015 allows Tesla to familiarize customers with their product and to provide them an educational and informative experience. No vehicles are sold and taken directly from the site. In addition, no vehicle parts are sold on the site and no vehicle maintenance or repair is available. As a high-end, specialized auto-maker, Tesla will operate the same as other retail establishments within The Gardens, and is a compatible use to surrounding businesses and the El Paseo overlay district. Staff has already approved Tesla as a gallery use without sales, and the retail storefront has been modified to match other retail/gallery uses on El Paseo. Although the gallery storefront for Tesla is a permitted use the CUP for the retail component will only be successful if product is available for test-driving. Tesla hopes to accomplish this by providing vehicle models for test-driving within the adjoining parking structure. Tesla will make improvements to identify the parking area for Tesla product display and owner vehicle charging. Per the El Paseo Overlay, establishment of a permanent outdoor display area is subject to approval of a CUP. The outdoor display area is located interior to the lower level of the parking structure. The area is not easily visible from surrounding streets due to its interior location within the structure. The high-end brand of Tesla products is also not expected to create visual clutter or unsightly conditions that would detract from the shopping center and surrounding area. In addition, because Tesla is a tenant at the site and does not control the property, a separate management company will oversee the operations of Tesla. The management company, and the tenants within The Gardens, will have an interest in ensuring Tesla and its' product display are maintained in proper condition. The purpose of the outdoor display area is to have Tesla models ready for customer test-drives. Test drivers will drive out of the parking structure and onto surrounding public streets and return back to the parking structure. Although Tesla models are all-electric and do not create noise impacts associated with gasoline engines, staff is concerned about increase vehicle trips impacting the surrounding neighborhood. Residential properties located along Shadow Mountain Drive are used to a certain level of traffic due to their proximity to commercial uses along El Paseo. However, residential properties south of Shadow Mountain Drive are used to a quieter atmosphere with less vehicle traffic. Although the surrounding streets are public, staff is recommending a condition that sets a test-drive limit that does not go into the surrounding neighborhoods beyond Shadow Mountain Drive. B. Site Improvements: Interior building improvements to accommodate the showroom along El Paseo are permitted and are not subject to discretionary approval. Exterior building improvements, including new Tesla signs and exterior painting have been reviewed by staff. \\srv-f12k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Tesla\CUP 15-317-PC Staff Report.doc Staff Report Cup 15-317: The Gardens on El Paseo / Tesla Page 5of7 December 1, 2015 Improvements to the parking structure include the installation of six (6) Tesla charging stations. These charging stations are attached to a portion of the structure's wall and are not visible from outside of the parking structure. Staff believes that since the parking structure is open to the public, and since Tesla has only a few variations of its product, that no more than four (4) Tesla models be parked within their dedicated charging station area, and that at least two (2) charging stations be made available for the public. Branding to identify the spaces for exclusive Tesla use includes painting a portion of the parking structure's wall in silver with red vertical bands to frame in the space and an application of an epoxy to the structure's flooring. A silver "Testa" sign is also attached and centered on the structure's wall. The branding improvements are done tastefully and are not visible from outside of the parking structure. These improvements are supported by staff, because they do not impact the public beyond The Gardens site, and it helps to clearly delineate the area for Tesla and the remaining public parking areas. C. Parking: Parking for The Gardens is provided by a two-story, 850+ stall, parking structure located along Shadow Mountain Drive. The parking structure is never parked at 100% capacity with the exception of special events along El Paseo and major shopping holidays. The retail use of Tesla is not expected to impact parking at the parking structure as it is a similar retail-type use. In addition, the dedication of the six (6) parking stalls for Tesla represents less than 1% of the total parking available at The Gardens. The improvements to the area dedicated to Tesla will be properly branded and distinguished from other public parking areas within the structure to avoid confusion to drivers. In addition, staff has conditioned the applicant to have no more than four (4) Tesla vehicles on display and to allow Tesla vehicle owners access to the remaining two (2) charging stations. D. Findings of Approval: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the General Commercial (C-1) zoning district and the El Paseo (E.P.) overlay district. The purpose of the C-1 zoning district is to set development and operation standards for commercial uses and activities. As a retail type use, Tesla is permitted to open a gallery storefront within the C-1 zone and E.P overlay, and their type of business is compatible with surrounding businesses. However, the dedication of an area for permanent outdoor display and sales is subject to approval of a Conditional Use Permit. The outdoor display area \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Testa\CUP 15-317-PC Staff Report.doc Staff Report �r Cup 15-317: The Gardens on El Paseo / Tesla Page 6 of 7 December 1, 2015 is appropriately distinguished from other portions of the parking structure and dedication of the space impacts less than 1% of total parking available. The display area is also done tastefully and meets the design quality expected within the E.P. overlay. Lastly, the location of the display is not highly visible to the public and does not disrupt pedestrian flow within the overlay district. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar zoning designations and commercial uses. The site, which was originally developed in the 1990s, and operates with various restaurants and commercial retail uses. The proposed improvements to the existing building suite and use of the retail storefront as a showroom are permitted in the General Commercial zoning district. Parking lot improvements for the outdoor display area are done to delineate Tesla's exclusive storage area from the general parking areas of the parking structure. The functions of the parking structure will remain unchanged. Therefore, the conditional use, building, and parking lot improvements will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The interior building improvements comply with all applicable development standards for building setbacks and height restrictions, parking requirements, and operational standards contained in the zoning code. In addition, the use of permanent outdoor display within the E/ Paseo overlay district is determined on a case-by-case basis, and in this case, the display of vehicles is minimal, hidden from the public, and does not pose any nuisances to the public realm. No variances or adjustments are necessary for this proposal. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The City's General Plan includes a Commercial Core Area Specific Plan that includes commercial properties along the El Paseo corridor and other parts of the City. The overarching goal of the Specific Plan is to "maximize project area's potential for high quality economic development compatible with Palm Desert's overall community goals and self image." The proposed sales and outdoor display of Tesla model vehicles on the lower level of the parking structure complies with the Commercial Core Specific Plan as: the display is minimized by providing only four (4) models on the site, lighting and branding improvements \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Tesla\CUP 15-317-PC Staff Report.doc Staff Report Cup 15-317: The Gardens on El Paseo / Tesla Page 7 of 7 December 1, 2015 are minimal and located interior of the structure, and the improvements are not highly visible from outside properties. In this sense, the improvements meet the overall self image of Palm Desert and are compatible with the goals of the General Plan and Commercial Core Specific Plan. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 3: New Construction or Conversion of Small Structures, of the CEQA. Because of the categorical exemption no further environmental review is necessary. Submitted By: Eric Ceja, Aa sociate Planner Department Head: Tony Bagato, Acting Director of Community Development \\sro-fd2k3\groups\Planning\Eric Ceja\Case Files\CUP\CUP 15-317-Tesla\CUP 15-317-PC Staff Report.doc PLANNING COMMISSION RESOLUTION NO. 2658 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF TESLA BRANDED AUTOMOBILES AND DEDICATION OF SIX (6) PARKING STALLS FOR VEHICLE DISPLAY AND CHARGING STATIONS WITHIN THE GARDENS ON EL PASEO PARKING STRUCTURE LOCATED AT 73-515 EL PASEO CASE NO: CUP 15-317 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of December 2015, hold a duly noticed public hearing to consider the request by The Gardens on El Paseo for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and qualifies as a Class 3 Categorical Exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the approval of said request: FINDINGS: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. The site is located within the General Commercial (C-1) zoning district and the El Paseo (E.P.) overlay district. The purpose of the C-1 zoning district is to set development and operation standards for commercial uses and activities. As a retail type use, Tesla is permitted to open a gallery storefront within the C-1 zone and E.P overlay, and their type of business is compatible with surrounding businesses. However, the dedication of an area for permanent outdoor display and sales is subject to approval of a Conditional Use Permit. The outdoor display area is appropriately distinguished from other portions of the parking structure and dedication of the space impacts less than 1% of total parking available. The display area is also done tastefully and meets the design quality expected within the E.P. overlay. Lastly, the location of the display is not highly visible to the public and does not disrupt pedestrian flow within the overlay district. PLANNING COMMISSIO*RESOLUTION NO. 2658 14� 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar zoning designations and commercial uses. The site, which was originally developed in the 1990s, and operates with various restaurants and commercial retail uses. The proposed improvements to the existing building suite and use of the retail storefront as a showroom are permitted in the General Commercial zoning district. Parking lot improvements for the outdoor display area are done to delineate Tesla's exclusive storage area from the general parking areas of the parking structure. The functions of the parking structure will remain unchanged. Therefore, the conditional use, building, and parking lot improvements will not be detrimental to public health, safety, or welfare. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The interior building improvements comply with all applicable development standards for building setbacks and height restrictions, parking requirements, and operational standards contained in the zoning code. In addition, the use of permanent outdoor display within the El Paseo overlay district is determined on a case-by-case basis, and in this case, the display of vehicles is minimal, hidden from the public, and does not pose any nuisances to the public realm. No variances or adjustments are necessary for this proposal. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The City's General Plan includes a Commercial Core Area Specific Plan that includes commercial,properties along the El Paseo corridor and other parts of the City. The overarching goal of the Specific Plan is to "maximize project area's potential for high`quality economic development compatible with Palm Desert's overall community goals and self image." The proposed sales and outdoor display of Tesla model vehicles on the lower level of the parking structure complies with the Commercial Core Specific Plan as: the display is minimized by providing only four (4) models on the site, lighting and branding improvements are minimal and located interior of the structure, and the improvements are not highly visible from outside properties. In this sense, the improvements meet the overall self image of Palm Desert and are compatible with the goals of the General Plan and Commercial Core Specific Plan. 2 PLANNING COMMISSIO RESOLUTION NO. 2658 �400 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit 15-317, subject to conditions attached. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1" day of December 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KEN STENDELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION 3 PLANNING COMMISSIORESOLUTION NO. 2658 r.r� CONDITIONS OF APPROVAL CASE NO. CUP 15-317 Department of Community Development: 1. The improvements to the property shall substantially conform to the exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Any proposed changes to this Conditional Use Permit will require an amendment, which will result in a new public hearing. 3. Construction of improvements to the parking structure shall commence within two years from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: • City Fire Marshall • City Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated. 5. Tesla may designate and utilize a maximum of six (6) parking stalls for the purpose of vehicle display on the lower floor of The Gardens at El Paseo parking structure. Tesla shall also install a minimum of six (6) Tesla charging stations within the parking structure. The exclusive use of these stalls by Tesla is subject to approval of an amendment to the Parking Management Plan by the City Council. 6. A maximum of four (4) display vehicles are permitted within the Tesla's designated display area. Two (2) charging stations shall be made available at all times for use by the public. 7. Tesla shall obtain a City business license and record all sales from their El Paseo retail operation within the City of Palm Desert. 8. Tesla vehicle test drives may utilize surrounding public streets. Test drives shall not proceed into surrounding neighborhoods south of Shadow Mountain Drive and Tumbleweed Lane. 4 Ceja, Eric From: bobby[bobbysbaja@yahoo.com] Sent: Tuesday, December 01, 2015 3:34 PM To: Ceja, Eric Subject: Fw: tesla automobile sales/charging fyi.. On Tuesday, December 1, 2015 3:31 PM, bobby<bobbysbaia(@_yahoo.com>wrote: Good Afternoon Mr.Ceja.............i was a NEW automobile dealer for many years....with multiple NEW lines in the Palo Alto,CA. area.......i cannot understand why this would even be under consideration?......your saying parking for 6 PARKING spaces, and a sales office?.....first point's in question are.....where are the customers going to park/(double the spaces?)...where are the trade in's going to be parked?(triple the parking?).....and service for these vehicles?....and "charging them also"?...ALL in 6 spaces...come-on??....why would you want this type of business in such an area with already strained parking.....why won't the franchisee just look up on hwy111, or another location where parking ,and congestion are not an issue!.....you'll still get the tax revenue!!.....i guarantee you'll have issue's with parking, service, charging in this location!!....Thank You.!!.....Robert Mac Murray, 73212 tumbleweed lane, Palm Desert, 92260...........mailing address"....Robert MacMurray..Box 439016, San Diego,92143...email......bobbysbaja@yahoo.com 1 r' r` City of Palm Desert The Desert Sun *AOI Community Development 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 t -- � [) 2��� 760-778-4578/Fax 760-778-4731 C 1 T f CLERK'S O j= S C E PALM DESERT, CA State Of California ss: County of Riverside 2115 NOV 24 AM la= 44 Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT , CA 92260 Order# 0000878561 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper:The Desert Sun 11/21/2015 I acknowledge that I am a principal clerk of the No 1665: CITY OF PALM DESERT LEGAL NOTICE printer of The Desert Sun, printed and NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMIS- SION TO CONSIDER A CONDITIONAL USE PERMIT FOR-THE SALE OF'TESLA published weekly in the City of Palm Springs, BRANDED AUTOMOBILES AND DEDICATION OF SIX(6)PARKING STALLS FOR VEHICLE DISPLAY AND CHARGING STATIONS WITHIN THE GARDENS ON EL County of Riverside, State Of California.The PASEO PARKING STRUCTURE LOCATED AT 73-515 EL PASEO The City of•Pdlm Desert(City),in its capacity as the Lead Agency for this project Desert Sun was adjudicated a Newspaper of under the California Environmental Quality Act(CEQA), has determined that this project,is Categorically Exempt from CEQA review under Class 3—15303 general circulation on March 24, 1988 by the New Construction or Conversion of Small Structures In that the,installation of charging stations is an accessory use ofthe existing parking structure. Superior Court of the County of Riverside, Protect Location/Description: Project Location: 731-515 El Paseo-The Gardens on El Paseo State of California Case No. 191236. Project Description: A Conditional Use Permit application has been submitted by the Gardens on El Paseo,LLC to allow the sale of Testa branded automobiles within an existing storefront and for the dedication of six(6)parking stalls for Testa vehicle display and charging stations within The Gardens on El Paseo park- i ing structure. Recommendation: Staff is recommending approval for the sale of Testa branded automobiles and the dedication of.parking stalls within The Gardens on El Paseo parking structure for vehicle display and charging stations at this lo- I declare under penalty of perjury that the cation and subject to Conditions and City Council's approval of an amendment to the existing parking management plan. foregoing is true and correct. Executed On Public Hearing`.The public hearing will be held before the Planning Commis- sion on December 1,2015,at 6:00 pm.this 21rst day of NOVEMBER, 2015 In Palm Comment, Period:`Based on the time limits defined by CEQA,your response should be sent at the earliest possible date.The public comment period on this Springs, Ca1lfOrn project is from November 20,2015 to December 1,2015. Public Review: The Conditional Use Permit and related documents are availa- ble for public review daily at City Hall.Please submit written comments to the Planning Department.If any group challenges the action in court,issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing.All comments and any questions should be directed to: Eric Ceia,Associate Planner City of Palm Desert 73-510 Fred Waring Drive,Palm Desert,CA 92260 (760)346-0611 eceja@cityofpalmdesert.org TONY BAGATO,Acting Secretary Palm Desert Planning Commission, Published:11/21/15 Declaran CUP EXPANDED STATEMENT OF USE T . c:; Ln Description of the Tesla retail concept At Tesla, we're striving to introduce a new type of retail, service, and driving experience. In doing so, we're challenging the status quo of a century old industry with the hope of revolutionizing it. Our retail concept is central to our business strategy: as a fairly small automaker we must make incredibly efficient use of limited capital to promote our brand. Instead of conventional advertising, we have chosen to invest heavily in our retail experience, getting in front of customers in our stores,versus in a magazine or TV ad. Why Tesla is different We are unlike the traditional automotive dealership concept in several ways: 1. We are located in high pedestrian traffic locations, where customers tend to shop on a frequent basis (e.g., shopping malls, high streets, etc.) 2. We do not have an inventory of vehicles; all orders are custom built and delivered —3-6 months after the order is placed 3. We offer an informative and educational experience, rather than a high-pressure selling environment. Our employees are not paid commissions. We do not offer discounts or run promotions. We encourage all customers (including children) to sit in our vehicles, constantly promoting a fun and inviting atmosphere. 4. We own and operate all of our stores. This allows us to treat customers the way we believe they should be treated, in all of our stores worldwide. 5. We separate sales and service. We do not perform any type of repairs or maintenance in our retail stores. We also don't sell parts at these locations. Instead, we build service-only centers at separate locations that are more amenable for this type of activity. What enables these differences We are in a unique position to change a retail experience that hasn't changed in the last century. There are a few things that allow us to do so: 1. We control our retail experience—there is no franchisee/middleman. This allows us to react quickly and maintain a consistent, top-rate customer experience. 2. We design, build, and sell electric vehicles...only. These vehicles are quiet, emission- free, and do not contain any gasoline or motor oil. This makes them much safer to move and display within retail spaces. 3. We deploy technology to maximize customer interaction and education. With at least 4 touchscreens per store and display vehicles and components, we encourage customers to explore our company, technology, vehicles, and owners at their own pace. 4. We hire the best. Our store staff are all Tesla evangelists, and come from varied backgrounds (e.g., physics grad students, retired school teachers,former entrepreneurs). TESLA MOTORS, INC 3500 Deer Creek Rd; Palo Alto, CA 94304 p 650,681.5000 f 650.681,5200 114MV *404, How we operate Although we're bringing a new type of product to a traditional shopping environment, we actually operate very much like a traditional retailer. We're much more like an Apple store than an Audi dealership. Here's a quick snapshot of how we do it: • Store hours: we follow regular shopping center hours • Number of employees: we typically employ 3 full-time Managers and 5-7 part-time Product Specialists. During store hours, we tend to have an average of 3-4 employees on the floor. • Store layout: Tesla stores are typically in the 2,500-3,000 square foot range. Stores consist of the following areas: o Display area—graphics, merchandise, and vehicle displays; 4 touch screens and a 85" plasma video screen. Several Product Specialists/Managers available to answer questions o Lounges—2 separate, semi-private lounges with seating and a computer terminal used for vehicle education, reservations, and configurations o Staff office—small office hidden from view with employee work terminals and break area o Washroom(s)—as required by local building code • In-store activities: we perform the following functions in our stores: o Tesla vehicle/ EV education via touch screens, Product Specialists o Tesla vehicle and component display—we display as many as 4 vehicles within each store, subject to store size and vehicle availability o Tesla vehicle reservations—involves minimal paperwork and a transaction ($5,000 per reservation) o Tesla vehicle configurations—after a customer has reserved their vehicle, they can design/configure their vehicle in-store, approximately 3 months before it's produced o Tesla merchandise sales—Tesla apparel and toys are displayed and sold o Tesla customer events—from time to time we may host in-store events for Tesla reservation holders or owners, or for anyone interested in our products • Parking area activities: each Tesla store has a Tesla-branded parking area within short walking distance. These parking areas consist of 6 parking spaces and 2 Tesla-installed vehicle chargers, and are outfitted with special lighting and signage. These areas are used to park and charge Tesla test-drive vehicles. Customers wanting to test-drive a Tesla vehicle may sign-up for a test-drive in-store and then walk over to the parking area, from which the test-drive will be launched. Test-drives occur on public roads as is done with conventional vehicles. Attached you will find pictures of existing Tesla stores and parking areas, and a typical Tesla store floor layout drawing. If you require anything else in order to better understand the Tesla retail concept, please don't hesitate to contact us. 'E '.j YI F N C O � m c Q c a o m - NLn U p N U W O W l7 ca h O V N U) C m O 3 E of o 0 c 7 m s i LL N in OD C N 0 N N C 3 m p m w 0 �.. 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U o ri _ Q CD o w w w Q� v ¢ 3Nbl 3Nfdnl w D Lu Y a QU) g w Un oU WZw0 a CL � Lli o 0 wLOwo _ cn o co o .. .. w O U) U) C7 " w w U w 0 0 o z Q Q Q O C) EL z � of Q U w U Q a O 0� z w O U a_ Q U 410 i_ `err' vrr�" CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 15-03 DATE: December 1, 2015 CONTENTS: 1. Draft Planning Commission Resolution No. 2659 2. Exhibit A—Section 25.78.080 "Specific Plans" 3. Exhibit B —Section 25.28.060 "Planned Community Overlay District" 4. Exhibit C — Section 25.28.070 "Freeway Commercial Overlay District" 5. Exhibit D — Section 25.60.060 "Public Hearings and Public Notice" 6. Exhibit E—Section 25.99.020 "Land Use Definitions" 7. Desert Sun Legal Notice 8. Notice of Determination — Negative Declaration Recommendation Waive further reading and adopt Planning Commission Resolution No. 2659, recommending that the City Council adopt Zoning Ordinance Amendment 15- 03 to repeal Section 25.72.040 and to establish Section 25.78.080 for Specific Plans, and make minor amendments to Section 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to make them consistent with the new Specific Plan Ordinance. Background In March 2015, the City Council approved The Millennium Palm Desert Specific Plan to establish a land use plan that covered 150 acres bounded by Gerald Ford Drive to the err wool Staff Report ZOA 15-03: Specific Plan Ordinance Page 2 of 5 December 1, 2015 south, Portola Avenue to the west, Technology Drive to the east, and Union Pacific Railroad to the north. This specific plan document was approved by ordinance with a Development Agreement and in accordance with state specific plan guidelines published by the Governor's Office of Planning and Research (OPR). The City is currently processing another specific plan to establish a land use plan for over 170 acres previously controlled by the former Redevelopment Agency. These types of long-range planning documents are useful in today's development environment, as such, staff wishes to establish a specific plan ordinance to establish guidelines for the processing of such documents. Project Description Specific Plans are a planning tool for the implementation of the General Plan within a defined geographic area. They may be general to establish planning and policy concepts to a particular area, or very detailed to direct specific development proposals. Specific Plan documents allow public agencies to create flexible standards for the development of a wide range of projects and to execute long-term goals of the General Plan. Specific plans are enabled by the state under Government Code sections 65450 - 65457 and are used to: • Establish land use distribution, intensity, and location. • Establish utility and infrastructure distribution and location. • Establish development and design standards for development. • Review implementation measures, project financing, and phasing. • Include statements of their relationship to General Plan policies and goals. The proposed specific plan ordinance was prepared in accordance with the Government Code sections listed above. The ordinance also includes special considerations of staff to make the ordinance consistent with other municipal code sections. As proposed, the ordinance includes: • Purpose of specific plan documents. • Requirements for the preparation of specific plan documents. • Who may initiate the specific plan process. • Findings required supporting approval of specific plan documents. Master plan and specific plan are used interchangeably in the City's Zoning Ordinance and throughout the development community. However, specific plans are distinct from master plans in that the state's Government Code Sections 65450 — 65457 establish guidelines for the preparation and applicability of specific plan documents. As part of this application, amendments to the City's Zoning Ordinance are proposed to replace "master plan" with "specific plan." The specific plan ordinance also accounts for existing codes and policies that require the preparation and approval of master plans and/or development plans. The Municipal Code currently requires the preparation of these plans for land developments within the Planned Community Development Overlay District (PCD) and Freeway Commercial Overlay District (FCOD). The specific plan ordinance replaces "development plans" and "master plans" with el Staff Report ZOA 15-03: Specific Plan Ordinance Page 3 of 5 December 1, 2015 "specific plans" and requires the preparation of specific plan documents for developments within these zoning districts. Section 25.72.040 — Development Plans This section establishes the purpose and application requirements for development plans. "Development Plans" are prepared for developments within an approved master plan and in accordance with the PCD. Development plans, however, have their own design requirements which may conflict with a master plan. In addition, there is no distinction between development plans and the City's precise plan application. Therefore, as part of this application to establish a specific plan ordinance, staff is proposing to strike "development plans" from the City's Zoning Ordinance and to allow the continued use of precise plan applications for the review of new development proposals. Section 25.28.060 — Planned Community Development Overlay District Staff is proposing amendments to Section 25.28.060 "Planned Community Development Overlay District' (PCD) to replace "master plan" with "specific plan." Replacing this wording makes this section consistent with the specific plan ordinance and continues existing policies for the development of land within this zoning district. Minor amendments to this section are also proposed to clarify the applicability and the requirements and procedures, for processing applications within the PCD. Section 25.28.070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOD) are proposed to replace "master plan" with "specific plan." New language is inserted to clarify the applicability of the FCOD based on property proximity to Interstate 10. Many properties with this designation are developed. Staff is recommending changes to clarify that specific plan documents are only necessary for new developments within this zone. Existing developments are not required to prepare specific plans and may continue to operate and develop in accordance with previously approved plans. Section 25.60— Procedures Section 25.60.060 "Public Hearing and Public Notice" describes the process for noticing public hearing applications. Subsection 25.60.060A — "Public hearing required' lists both "master plan" and "specific plan." Staff proposes to strike "master plan" to make this section consistent with the specific plan ordinance. Section 25.99.020 — Land Use Definitions "Specific Plan" is currently defined in the City's Zoning Ordinance. Staff proposes to expand on this definition to clarify its' definition and to reference that the documents be prepared in accordance with the requirements of the State's Government Code sections. Staff Report ZOA 15-03: Specific Plan Ordinance Page 4 of 5 December 1, 2015 Other amendments to land use definitions include replacing the term "development plan" with "specific plan" for the "Planned Development," "Planned Unit Development Industrial," and "Planned Unit Development Residentiaf' definitions. Analysis Specific Plan The Specific Plan Ordinance was prepared in compliance with the requirements contained in Government Code Sections 65450 — 65457 and in accordance with the guidelines published by the Governor's Office of Planning and Research (OPR). Staff researched specific plan ordinances from around the state and compiled a list of their requirements and formats. This information was used to evaluate which topics and criteria should be included in the City's ordinance. As proposed, the ordinance includes: statements regarding the purpose for preparing specific plans; it provides references to state law allowing the preparation of specific plan documents; it lists when specific plans are required; it establishes who may initiate the specific plan process; and it requires that the City Council make specific findings when reviewing specific plan proposals. The language contained in the ordinance is unambiguous and clearly indicates when a specific plan application is required. The specific plan ordinance is a necessary planning tool that provides the City flexibility in evaluating larger, more complex development scenarios. The ordinance provides for long- term planning, anticipation of phasing plans, and consideration for the timing of infrastructure improvements along the development timeline. The language in the ordinance is broad enough to allow multiple parties to apply for a specific plan. Property owners and developers may initiate the process for specific developments; the City Council and Planning Commission may initiate it for specific purposes; and the Director of Community Development may initiate it for governmental purposes; such as the case with the land controlled by the City' former Redevelopment Agency. Development Plan The proposal to eliminate the City's "development plan" process was reviewed by staff in conjunction with preparing the specific plan ordinance. As defined, development plans may be used only for the development of land within an approved master plan. Development plans also establish separate common open space and design requirements, which should already be addressed in the master plan and therefore could potentially conflict with open space and design requirements identified in the master plan. Aside from its limited applicability and potential conflicts with master plans, development plans follow the same processing procedure, public hearing requirements, and are charged the same fee, as precise plan applications. Staff views the use of development plans as a redundant application process, one that precise plans applications are adequate for property development. Staff Report ZOA 15-03: Specific Plan Ordinance Page 5 of 5 December 1 , 2015 Recently approved specific plan documents are conditioned to apply for precise plan approval prior to development of land within the specific plan boundaries. Staff believes that the same procedures for review, processing, and public hearings will remain materially unchanged by eliminating the development plan section of the zoning ordinance. Other Code Amendments "Master plan" and "specific plan" are used interchangeably in the City's Zoning Ordinance. Amendments to Sections 25.28.060 and 25.28.070 are made to make them consistent with the specific plan ordinance. In addition, minor amendments are made to these code sections to clarify existing language within the ordinance. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. In this case, staff completed an initial study to review the potential impacts of the Zoning Ordinance Amendment and has determined that there are no significant impacts associated with the proposed code changes. Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes. Submitted By: Eric Ceja, As ociate Planner Department Head: Tony Bagato, A ing Director of Community Development �Y ,%WW PLANNING COMMISSION RESOLUTION NO. 2659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE CASE NO: ZOA 15-03 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of December, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California has determined that Section 25.72.040 "Development Plan" creates a redundant application process already covered by the City's precise plan application process; and WHEREAS, establishing a Specific Plan Ordinance provides the City an additional planning tool for the initiation, review and processing of larger, more complex, development proposals; and WHEREAS, amendments to Section 25.28.060 "Planned Community Development Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060 "Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in nature and reflect changes implemented by the removal of the Section 25.27.040 "Development Plan" and the addition of Section "25.78.080 "Specific Plans;" and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, the Director of Community Development has determined that the project will not have a negative impact on the environment and has prepared a Notice of Determination of a Negative Declaration in accordance CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. PLANNING COMMISSIORESOLUTION NO. 2659 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 15-03 as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 1st day of December 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KEN STENDELL, CHAIRPERSON ATTEST: TONY BAGATO, ACTING SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 15-003 Specific Plans\ZOA 15-03-Planning Commission Resolution.docx 2 PLANNING COMMISSIOIT NO. 2659 EXHIBIT A 25.78.080 Specific Plans A. Purpose. The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council. 2. The property owner or property owner's agent. 3. The Commission-- " a}oty voto- - 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. PLANNING COMMISSIORESOLUTION NO. 2659 '`mol� EXHIBIT B 25.28.060 Planned Community Development Overlay District A. Purpose and applicability. The Planned Community Development (PCD) Overlay district allows the Council to establish taW areas for coordinated land use, and master specific planning purposes that may include multiple properties. Approval 9 a development Plan Specific plan approval, as outlined in Section 25.'w 72.040 25.78.080, is required for the development OR the Planned Gemmwni y Oveday dies+rii++ of parcels within the PCD Overlay district. B. Requirements. 1. Site area. A minimum of a-W 10 acres shall be required for a planned community development. 2. Master Specific plan required. Any application for a plaRRed GGMMURit the development of a parcel(s) in the PCD overlay zone shall be accompanied by a der specific plan for the entire area covered by the application. The specific plan shall be prepared in accordance with Section 25.78.080 of the City's Zoning Ordinance. 3. Ownership. All land in a proposed overlay zone shall be held in eee single ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. 4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas, and communications facilities) shall be adequate, or new systems shall be designed and constructed to adequately serve the development. Master plans for utility systems may be required along with the application for the PCD overlay zone if determined necessary by the Director. C. Application. A Change of Zone application to apply the overlay zone to a property or properties shall be submitted by the owner, his or her authorized agent, or the purchaser of the land(s) with the consent of the owner. The application shall be accompanied by a Raster specific plan application prepared by a qualified team of professionals, such fees as may be established by the City Council, and other information as required by the Director. D. PFOGedure. 'I I Inns rene_ipt of a aomnlete Change of 79ne annlioatien for an overlay ZeRe an�ncnifin plan dnoi imeRt the Depatmentshallr1_-�.A'cr"Vcrhre ann1�PPliGa rm aterial prepare a FeGOPAMeRdatieR. e 1 1­1enninn Cnmmiccinn and 2 The Planning rnmmissinn shall hold a p blio hearing OR si inh annlinatinn Jf he ( sin f ds the nriteria set ferthyy�� s.in thi chanter and in Serti0 25.78 080 have heeR met, tint the Zone si ihiert to si inh semis—a-s it deems--Reeessa, The GE)rM'6609R--may derma-tf-ie annligatinn if it finds an�i of have no,tbeeR et r that the apprrcr�crvr,$T--rc—rn-rc+�r-cmy--vrt#G'�&FfteFlu--rra�-c.—rTv , 1 PLANNING COMMISSIORESOLUTION NO. 2659 *400� approval of the appliGabGR would be detFimeRtal to the plAbliG peaGe, , safety, a wel#afe. • hearingWithr-th8 Cites-COURGc81. The—�'.�,,URGii l,-tR aGGeFdaRGe with SeGti 25.752 090, may appFE)ye agnrnva with mnrlifina+iGR?_onrdeRy the E. Termanation of overlay zone I The everlay Zepe and aRy master openif,n play or ether material approved as a part thp-.rp-p-f nh-+l�lrhnenemo null and void if�the nhvcinnl development of the distFiot i-s Rot e`Iccu-w,thrcrrirrt (2) years from r R of the re0e1 6 ltlop es' hliehine the mope 2. ARr-exteRciE)n_Pftime, po+ to exeeed eRe year, may be g,FaRted b�y-C' trhe ('emmiSSion wh „atipo r „ ape n e nlearly ohGWR by the vv�rrmrrrn-�rr-vvlTef� e�C�2RzrcrmTg-�IrEuf�}��rn�ce$rc�I3 +nplinaRt. The requeJtfer aRreXTeRcien of time shall he submitted to the Comm' oWnTmT7 prior to the expiration Ante apri qh;;" Gear-aTry�caTec-tcrb-re such everlay Zepe has pot beep „tiliaerl the ,moil ip form of -epipo ameRdmept io required to alter the rrrc�v6r�rrcn-�rr��--rrnTn�r-�z�rm�-crrrrcnunTcn r-r��cq-arrcc �v�urccr-c,Tc he„prlariec� master penifin play er development standards , 2 PLANNING COMMISSIORESOLUTION NO. 2659 EXHIBIT C 25.28.070 Freeway Commercial Overlay District A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone (FCOZ) district is to provide optional standards and incentives for the development of-a-Aw4ety-specific types of commercial uses on commercially zoned properties with freeway frontage, and/or properties within one signalized intersection of an interchange and intersecting cross street. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses e4y conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. B. Conditional uses. Uses permitted by an approved conditional use permit shall be are as follows: 1. Restaurants, general, including drive-through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. C. Development standards. ,GjeEtS-,�OPOsed YRdeF-this-bier- hall be master plaRned and the maJter plaR .shall be approved by e Gemmiccinn nrinr fn nni Prior to development of vacant parcel(s) within the FCOZ, the Council shall concurrently approve a specific plan, a precise plan application and a conditional use permit for any of the proposed uses listed above. For existing commercial developments with no approved specific plan, the applicant may apply for a precise plan and conditional use permit for any of the proposed uses listed above. Approval of these applications is subject to the following standards: prenessed through the precise plan prnness 7 Preperty to he master planned shall he at least 5 anres in size apd shall have frnptane OR 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. 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations). 1 PLANNING COMMISSIORESOLUTION N0. 2659 6. Specific plan documents shall be approved in accordance with Section 25.78.080 of the Zoning Ordinance. D. Required on-site parking. The required number of parking spaces for a combined development shall be cumulative for all proposed uses. The Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the Commission may increase the number of parking spaces required. E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or as approved in the specific plan document. F. Landscaping. All master planner! commercial projects approved through the FCOZ process shall provide a minimum of at least 30 percent landscaped open space, of which at least half of the common usable public space can include a picnic area, a dog park, or a kids land, as well as landscaped setback areas. With a showing of good cause, the Commission may decrease the minimum landscaped open space requirement. 2 Naw Exhibit D 25.60.060 Public Hearing and Public Notice A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, der pla-R, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council. B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the City. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted at City Hall. 5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C. Notice of Zoning Administrator decision. 1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 feet of the property. The notice shall include: i. A brief statement explaining the criteria and standards considered relevant to the decision. ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth. iv. An explanation of appeal rights and appeal deadlines. 2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination. 3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080. D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. PLANNING COMMISSIO�CI'`RESOLUTION NO. 2659 r.r EXHIBIT E 25.99.020 Land Use Definitions. A. Specific Plan. A detailed plan covering a selected area of the City for the purposes of implementation of the General Plan, while also providing flexibility in development standards, innovative land uses and developments, and a variety of housing and other development types definite tatern8Rt adopted by erd'RaRGe of po"Gies where GU^h- Gies st— „ate and regulations aFe appl+sable pursuant to the requirements of the Government Code of the state. B. Planned Development. A development of parcels of land as a coordinated project which has been developed according to an approved development plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. Planned developments may be residential, commercial, or industrial in nature or a combination of any two or more. C. Planned Unit Development industrial. A development of industrial parcels of land as a coordinated project which has been developed according to an approved development plaR specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. D. Planned Unit Development residential. A development of residential parcels of land as a coordinated project which has been developed according to an approved development plan specific plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the investment of developers as well as the community as a whole. CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 15-03 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REPEAL PALM DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080 "SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO REFLECT THE NEW SPECIFIC PLAN ORDINANCE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts OF adopting a Specific Plan Ordinance and have determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment as individual development proposals, which may utilize the Specific Plan process, will be undergo additional environmental review as part of their Specific Plan process and prior to any development within a specific plan area. Project Location/ Description: Protect Location: City-wide Code Amendment: Palm Desert Municipal Code Section 25.72.040 "Development Plans" is being repealed and a new Municipal Code Section for "Specific Plans" is being introduced. The Specific Plan Ordinance complies with State statutes and guidelines for the preparation of specific plan documents for master planning purposes. Minor amendments to the zoning ordinance will include replacing all references to "development plans" with references to "specific plans", and amending municipal code definitions accordingly. The proposed code amendment reads as follows: 25.78.080 Specific Plans A. Purpose.The purpose of this chapter is to establish a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with State law (Government Code Section 65450 et. seq.). When required by subsection C of this Section, the General Plan, or this title to systematically implement the General Plan for any part of the City, a specific plan shall be prepared, processed, approved and implemented, or disapproved, either by resolution or ordinance, and in compliance with this Chapter. Specific plans may be required for the development of properties as identified in the City's Zoning Ordinance. B. Applicable State Law. Specific plan applications and documents shall be prepared and submitted in compliance with California Government Code Section 65450 et. seq. Specific Plans shall be considered by the Planning Commission with a recommendation to the City Council. The Council may act either by resolution or ordinance and may amend the specific plan as often as deemed necessary by the Council. C. Specific Plan Required. Specific plans shall be required for development in certain districts, as referenced in the Zoning Ordinance, including but not limited to, the City's Planned Community Development (PCD) Overlay District and the Freeway Commercial Overlay (FCOZ) District. D. Initiation. A specific plan or specific plan amendments may be initiated by the following: 1. The Council; 2. The property owner or property owner's agent; 3. The Commission by a majority vote; or 4. The Director. E. Required Findings. The following findings shall be made by the Council prior to approval of any specific plan or specific plan amendment: 1. Consistent with the General Plan. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare. 3. Land Use Compatibility. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties. 4. Property Suitability. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property. 5. CEQA. The specific plan or amendment has been reviewed in compliance with the provisions of the California Environmental Quality Act. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to Zoning Ordinance and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on December 1, 2015, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from November 21, 2015 to December 1, 2015. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: 2 4 Now Eric Ceja, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN TONY BAGATO, Acting Secretary November 21, 2015 Palm Desert Planning Commission 3 1 NEGATIVE DECLARATION 1. Name or description of project: Specific Plan Ordinance 2. Project Location—Identify street City-wide address and cross streets or attacha map showing project site(preferably a USGS 15' or 7 1/2'topographical i map identified by quadrangle name): 3. Entity or Person undertaking project: A. City of Palm Desert Eric Ceja,Associate Planner i B. Other(Private) The Lead Agency, having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior to the public meeting of the Lead Agency, and having reviewed the recommendation of the Lead Agency's Staff,does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings are as follows: The Specific Plan ordinance allows the City to establish processing and plan guidelines for the development of specific plan documents. Individual development projects which choose to utilize the specific plan process will be reviewed in accordance with CEQA for specific environmental impacts as they relate to that development. Other minor code amendments are proposed to make the City's Zoning Ordinance internally consistent with the new specific plan ordinance.The ordinance,by itself,will not have a negative impact on the environment. The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached. I The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: Phone No.: (760)346-011 Date Received for Filing: Staff Negative Declaration FORM"E" �.. INITIAL STUDY NOTE:The following is a sample form and may be tailored by the Lead Agency to satisfy project circumstances. It may be used to meet the requirements for an initial study when the criteria set forth in the State and Local CEQA Guidelines have been met. Substantial evidence of potential impacts that are not listed on this form must also be considered. The sample questions in this form are intended to encourage thoughtful assessment of impacts, and do not necessarily represent thresholds of significance. 1. Project Title: Specific Plan Ordinance 2. Lead Agency Name and Address: City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260 (760)346-0611 3. Contact Person and Phone Number:Eric Ceja,Associate Planner,Department of Community Development 4. Project Location: City of Palm Desert(citywide) 5. Project Sponsor's Name and Address: City of Palm Desert 73-5 10 Fred Waring Drive Palm Desert, CA 92260 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of Project: (Describe the whole action involved,including but not limited to later phases of the project,and any secondary, support,or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) Adoption of an ordinance repealing the existing"Development Plan"ordinance and replacing it with a"Specific Plan"ordinance that is compliant with California Government Code Section 65450—65457 and which allows cities to prepare and adopt specific plan documents for implementation of the City's General Plan. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) N/A 10. Other public agencies whose approval is required(e.g.,permits, financing approval,or participation agreement): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics Agriculture/Forestry Resources ❑ Air Quality ❑ Biological Resources Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas Emissions Hazards&Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance Initial study Form Page 1 of 17 FORM"J" DETERMINATION(To be complet9by the Lead Agency): *moo On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant" or"potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. lL1_4/t5 Signature Date c Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact"answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved,including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the Lead Agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact"entries when the determination is made,an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact."The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross- referenced). Initial study Form Page 2 of 17 FORM"Y 5) Earlier analyses may be used where,pursuant to the tiering,program EIR,orher CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration Section 15063(c)(3)(D). In this case,a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts(e.g. general plans,zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form,and lead agencies are free to use different formats;however,lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any,used to evaluate each question; and b) the mitigation measure identified, if any,to reduce the impact to less than significance. SAMPLE QUESTION Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact 1. AESTHETICS--Would the project: a) Have a substantial adverse effect on 11 ❑ ❑ a scenic vista? b) Substantially damage scenic ❑ El ❑ resources,including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing El Z visual character or quality of the site and its surroundings? d) Create a new source of substantial ❑ ❑ light or glare which would adversely affect day or nighttime views in the area? Initial study Form Page 3 of 17 FORM"J" Les%O han Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Comments: The ordinance to establish the processing of individual specific plans will not have an impact on local aesthetic.Developments,which are required to,or choose to,develop specific plan documents will be subject to CEQA review and any impacts related to aesthetics will be evaluated on a case-by-case basis,once those projects are submitted for review. II. AGRICULTURE AND FOREST RESOURCES—In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board.—Would the project: a) Convert Prime Farmland,Unique ❑ Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b) Conflict with existing zoning for ❑ agricultural use,or a Williamson Act contract? c) Conflict with existing zoning for,or ❑ El cause rezoning of, forest land(as defined in Public Resources Code section 12220(g)),timberland(as defined by Public Resources Code section 4526),or timberland zoned Timberland Production(as defined by Government Code section 51104(g))? Initial Study Fonn Page 4 of 17 FORM"J" Leshan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Result in the loss of forest land or conversion of forest land to non- forest use? e) Involve other changes in the existing El El ❑ environment which,due to their location or nature, could result in conversion of Farmland,to non- agricultural use or conversion of forest land to non-forest use? Comments: There is no active farmland or Williamson Act land within the City of Palm Desert. Individual projects that develop a specific plan document will be evaluated for environmental impacts in accordance with CEQA guidelines once the project is submitted for review. III. AIR QUALITY—Where available,the significance criteria establi,4ied by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ❑ El ❑ implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ El contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively ❑ ❑ considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting ❑ a substantial number of people? Comments: The proposal to adopt a specific plan ordinance will not have an impact on air quality. The proposed ordinance establishes a procedure that will allow specific plan documents to be reviewed for CEQA compliance and air quality impacts. Initial Study Fonn Page 5 of 17 FORM"J" ®rr Less Khan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES—Would the project: a) Have a substantial adverse effect, ❑ ❑ either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on ❑ any riparian habitat or other sensitive natural community identified in local or regional plans, policies,regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act(including,but not limited to,marsh,vernal pool, coastal,etc.)through direct removal, filling,hydrological interruption,or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an El ❑ adopted Habitat Conservation Plan, Natural Community Conservation Plan,or other approved local, regional,or state habitat conservation plan? Initial Study Form Page 6 of 17 FORM"J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Comments: The specific plan ordinance will not have an impact on local biological resources. Individual specific plan documents will be reviewed for CEQA compliance and will be evaluated against any adopted Habitat Conservation Plans, including the Coachella Valley Multi-species habitat conservation plan,once the project is submitted for review. V. CULTURAL RESOURCES—Would the project: a) Cause a substantial adverse change ❑ ❑ in the significance of a historical resource as defined in§ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a ❑ El z unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, El ❑ El z including those interred outside of formal cemeteries? Comments:The specific plan ordinance will not have an impact on local cultural resources. Individual specific plan documents will be reviewed for CEQA compliance and cultural resources will be evaluated on a site-by-site basis, once the project is submitted for review. VI. GEOLOGY AND SOILS—Would the project: a) Expose people or structures to El ❑ ❑ potential substantial adverse effects, including the risk of loss,injury or death involving: i) Rupture of a known earthquake El ❑ fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ El z iii) Seismic-related ground failure, El ❑ including liquefaction? iv) Landslides? ❑ ❑ Initial study Form Page 7 of 17 FORM"J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Result in substantial soil erosion or ❑ El the loss of topsoil? c) Be located on a geologic unit or soil ❑ ❑ El that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide,lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil,as 0 El defined in Table 18-1-B of the Uniform Building Code,creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Comments: The specific plan ordinance will not have an impact on geology and soils as the ordinance establishes the processing guidelines for individual specific plan projects.Once a specific plan is submitted the City will review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. VIL GREENHOUSE GAS EMISSIONS—Would the project: a) Generate greenhouse gas emissions, ❑ El ❑ either directly or indirectly,that may have a significant impact on the environment? b) Conflict with an applicable plan, El ❑ policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? Comments: The specific plan ordinance will not have an impact on greenhouse gas emission as the ordinance establishes the processing guidelines for individual specific plan projects. Once a specific plan is submitted the City will review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. VIII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a) Create a significant hazard to the ❑ public or the environment through the routine transport,use, or disposal of hazardous materials? Initial study Form Page 8 of 17 FORM"J" Les"sw Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle El El hazardous or acutely hazardous materials,substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is El included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result,would it create a significant hazard to the public or the environment? e) For a project located within an El D airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a ❑ private airstrip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or ❑ physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ significant risk of loss,injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: The specific plan ordinance will not cause or create impacts related to hazardous materials as the ordinance establishes processing guidelines for individual specific plan projects. Once a specific plan is submitted the City will review the plan in accordance with CEQA guidelines and individual project impacts will be studied at that time. Initial Study Form Page 9 of 17 FORM"J" '�r✓ Less"ffhan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact IX. HYDROLOGY AND WATER QUALITY-- Would the project: a) Violate any water quality standards ❑ ❑ ❑ or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing ❑ El Z drainage pattern of the site or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water ❑ El Z which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade El Z water quality? g) Place housing within a 100-year ❑ ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard ❑ ❑ area structures which would impede or redirect flood flows? Initial Study Form Page 10 of 17 FORM"J" Less Phan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact i) Expose people or structures to a ❑ El El significant risk of loss, injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j) Expose people or structures to ❑ ❑ inundation by seiche,tsunami,or mudflow? Comments: The specific plan ordinance will not have an impact on hydrology and/or water quality as the ordinance establishes the processing guidelines for individual specific plan projects. Once a specific plan is submitted the City will review the plan in accordance with CEQA guidelines,Water Quality Management Plans,Best Management Practices,and Storm Water Pollution Prevention Plans,and individual project impacts will be studied at that time. X. LAND USE AND PLANNING—Would the project: a) Physically divide an established ❑ community? b) Conflict with any applicable land El ❑ ❑ use plan,policy, or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan,specific plan, local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat El conservation plan or natural community conservation plan? Comments: The specific plan ordinance will not have land use and planning impacts that will divide an establish community or conflict with habitat conservation plans or local land use policy. The City has adopted the Coachella Valley Association of Governments Coachella Valley Multispecies Habitat Conservation Plan and will mitigate any impacts related to this plan on an individual specific plan basis. The ordinance will establish processing guidelines for the content and processing of specific plan documents. Once a specific plan document is submitted it will be review in accordance with CEQA requirements and individual project impacts will be evaluated at that time. XL MINERAL RESOURCES--Would the project: a) Result in the loss of availability of a El ❑ ❑ known mineral resource that would be of value to the region and the residents of the state? Initial Study Form Page 11 of 17 FORM"J" Less Phan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact b) Result in the loss of availability of a El ❑ ❑ locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: The specific plan ordinance will not have an impact on mineral resources as the ordinance establishes guidelines for specific plan content and processing. Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XII. NOISE--Would the project result in: a) Exposure of persons to or generation El 19 of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? C) A substantial permanent increase in El 11 El ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would the project expose people residing or working in the project area to excessive noise levels? Comments: The specific plan ordinance will not have an impact on noise as the ordinance establishes guidelines for specific plan content and processing. Individual specific planprojects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts related to noise will be studied at that time. Initial study Form Page 12 of 17 FORM"J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING--Would the project: a) Induce substantial population ❑ ❑ El growth in an area,either directly (for example,by proposing new homes and businesses)or indirectly (for example,through extension of road or other infrastructure)? b) Displace substantial numbers of ❑ ❑ existing housing,necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ people,necessitating the construction of replacement housing elsewhere? Comments: The specific plan ordinance will not have an impact on population and house as the ordinance establishes guidelines for specific plan content and processing. Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XIV. PUBLIC SERVICES--Would the project: a) Result in substantial adverse EJ El ❑ physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ Police protection? El ❑ El Schools? El ❑ Parks? ❑ Other public facilities? ❑ ❑ Initial study Form Page 13 of 17 FORM"J" Less—Phan Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact Comments:The specific plan ordinance will not have an impact on public services as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on public services.Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time XV. RECREATION--Would the project: a) Increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational ❑ ❑ ❑ facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: The specific plan ordinance will not have an impact on recreation in the City as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on recreation. Individual specific plan projects, once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time XVI. TRANSPORTATION/TRAFFIC--Would the project: a) Conflict with an applicable plan, ❑ ❑ El ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation n including mass transit and non-motorized travel and relevant components of the circulation system,including but not limited to intersections, streets, highways and freeways,pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable ❑ congestion management program, including,but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Initial Study Form Page 14 of 17 FORM"J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due El to a design feature(e.g., sharp curves or dangerous intersections) or incompatible uses(e.g., farm equipment)? e) Result in inadequate emergency ❑ access? f) Conflict with adopted policies, ❑ ❑ plans, or programs regarding public transit,bicycle,or pedestrian facilities,or otherwise decrease the performance or safety of such facilities? Comments: The specific plan ordinance will not have an impact on transportation and traffic in the City as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on transportation. Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. XVII. UTILITIES AND SERVICE SYSTEMS-- Would the project: a) Exceed wastewater treatment ❑ ❑ ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction ❑ ❑ ❑ of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c) Require or result in the construction El ❑ El Z of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? Initial study Form Page 15 of 17 FORM"J" ®.r+ Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact d) Have sufficient water supplies ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination,the Lead Agency shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910,et.seq. (SB 610),and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the ❑ ❑ wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with ❑ El ❑ sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local El z statutes and regulations related to solid waste? Comments: The specific plan ordinance will not have an impact on utility and service systems in the City as the ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific plan projects impacts on utility services.The ordinance requires specific plan projects to consult with utility service providers as part of their project feasibility and review with the City. Individual specific plan projects,once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. Initial Study Form Page 16 of 17 FORM"J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential ❑ to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential ❑ to achieve short-term environmental goals to the disadvantage of long- term environmental goals? c) Does the project have impacts that ❑ are individually limited,but cumulatively considerable? ("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental ❑ ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The specific plan ordinance establishes guidelines for specific plan content and processing and allows the City to better understand individual specific planproject impacts on the environment. Individual specific planprojects, once submitted,will be reviewed in accordance with CEQA guidelines and individual project impacts will be studied at that time. The ordinance does not degrade the quality of the existing environment,nor does it favor short-term environmental goals over long-term goals. Cumulative impacts related to individual projects will be evaluated once development projects are submitted for review. The ordinance will not have a negative impact on the environment or adversely affect human beings as the ordinance allows for greater environmental review on individual development proposals. Note: Authority cited: Sections 21083,21083.05,Public Resources Code. Reference: Section 65088.4,Gov. Code; Sections 21080(c),21080.1,21080.3,21083.05,21083.3,21093,21094,21095 and 21151,Public Resources Code; Sundstrom v. County of Mendocino(1988)202 Cal.App.3d 296;Leonoff v.Monterey Board of Supervisors(1990)222 Cal.App.3d 1337;Eureka Citizens for Responsible Govt. v.City of Eureka(2007) 147 Cal.AppAth 357;Protect the Historic Amador Waterways v.Amador Water Agency(2004) 116 Cal.AppAth 1099, 1109;San Franciscans Upholding the Downtown Plan v. City and County of San Francisco(2002) 102 Ca1.App.4th 656. Initial Study Form Page 17 of 17 FORM"J" NOTICE OF TENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Palm Desert Project Name: Specific Plan Ordinance Project Description To establish a specific plan ordinance within the City's zoning ordinance which specifies guidelines for the applicability,processing, and content of specific plan documents. Project Location—Identify Citywide street address and cross streets or attach a map showing project site(preferablya USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the Lead Agency's Guidelines for Implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study,the Lead Agency's Staff has concluded that the project will not have a significant effect on the environment,and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration The Initial Study reflects the independent judgment of the Lead Agency. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. ❑ The proposed project IS considered a project of statewide,regional or areawide significance. ® The proposed project IS NOT considered a project of statewide,regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation ❑ A scoping meeting WILL be held by the Lead Agency. ® A scoping meeting WILL NOT be held by the Lead Agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date,time and location of the scoping meeting are as follows: Date: Time: Location: Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency's office,located at:73-510 Fred Waring Drive,Palm Desert,CA 92260 The proposed Negative Declaration or Mitigated Negative Declaration can be obtained in electronic format by the following method:by email or in person Lead Agency address: 73-510 Fred Waring Drive,Palm Desert, CA 92260 Comments will be received from November 5,2015 to December 1,2015 Any person wishing to comment on this matter must submit such comments,in writing,to the Lead Agency prior to December 2,2015. Comments of all Responsible Agencies are also requested. NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 1 FORM"D" %44+`' The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: December 2,2015 Date: December 2,2015 Time: 6:00 p.m. If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Eric Ceja Staff (Clerk Stamp Here) Associate Planner NOI to Adopt Neg.Dec.,Mit.Neg.Dec. 2 FORM"D"