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HomeMy WebLinkAbout2015-12-15 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION r` AGENDA }lam TUESDAY, DECEMBER 15, 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 15, 2015 A. MINUTES of the Planning Commission meeting of December 1 , 2015. Rec: Continue to the next regular scheduled meeting. 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 to approve a Notice of Determination of a Negative Declaration for an ordinance amendment to Palm Desert Municipal Code (PDMC) Sections 25.16.030, 25.28.070, and 25.99.020 to allow new and used outdoor automotive sales in certain locations, and other modifications to auto uses throughout the City. Case No. ZOA 15-350 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2660, recommending to the City Council approval of ZOA 15-350. Action: XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES 2 GAPlanningWonica OReilly\Planning Commission\2015V\genda\12-15-15 agn.docx AGENDA PALM DESERT PLANNING COMMISSION DECEMBER 15, 2015 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 11t" day of December 2015. Monica O'Reilly, Administrarive Secretary Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 922601, (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\12-15-15 agn.docx THE MINUTES FOR THE MEETING OF DECEMBER 1 , 2015 WILL BE AVAILABLE FOR REVIEW & APPROVAL AT THE NEXT REGULAR SCHEDULED MEETING. Monica O'Reill Administrative Secretary 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 DETERMINATION OF A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO AUTO USES THROUGHOUT THE CITY SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 15-350 DATE: December 15, 2015 CONTENTS: 1. Draft Planning Commission Resolution No. 2660 2. Exhibit A— Section 25.16.030 "Allowed Land Uses" 3. Exhibit B— Section 25.28.070 "Freeway Commercial Overlay District" 4. Exhibit C—Section 25.99.020 "Land Use Definitions" 5. Desert Sun Legal Notice 6. Notice of Determination — Negative Declaration Recommendation Waive further reading and adopt Planning Commission Resolution No. 2660, recommending that the City Council adopt Zoning Ordinance Amendment 15- 350 to sections 25.16.030, 25.28.070, and 25.99.020 to allow new and used outdoor automotive sales within the service industrial and the freeway commercial overlay zoning districts, and automobile retail showrooms within the General Commercial Scenic Preservation Zone; all subject to a Conditional Use Permit, and other modifications to auto uses to make them consistent with the ordinance. Executive Summary Staff is recommending that the Planning Commission and City Council consider expanding the City's business portfolio and allow new and used outdoor automotive sales within the Service Industrial (S.I.) and Freeway Commercial Overlay Zoning Districts (FCOZ), and automobile retail showrooms within the General Commercial, Scenic Preservation (C-1, Staff Report ZOA 15-350: Automobile Uses Page 2 of 7 December 15, 2015 S.P.), with all uses subject to a Conditional Use Permit (CUP). Approval of staffs recommendation also includes modifications to existing definitions for "Automotive rental agency", "Automotive service station", "Vehicle service", "Storage facility", and creates new definitions for "Automotive sales", "Automobile retail showrooms", and "Automotive sales of accessory parts and supplies". Proiect Description / 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 use of outdoor automotive sales and automobile retail showrooms are not listed; therefore they are not permitted uses. Over the years, staff has received interest in car dealerships. Staff is requesting that the Planning Commission and City Council consider adding these businesses within the City. These uses would increase City's sales tax, create additional jobs, and provide a different type of product to consumers. Section 25.16.030 —Allowed Land Uses and Permit Requirements This section is Table 25.16-1, which is a matrix for commercial and industrial districts and identifies allowed uses. Use regulations within the table are shown with representative symbols by the classifying use. • "P" — Permitted by right • "A" —Administrative Use Permit • "C" — Conditional Use Permit • "N" — Not permitted Staff is requesting to amend Automobile and Vehicle Uses. Below is the current zoning code. Automobile and Vehicle Uses OP C-1 PC-1 PC-2 PC-3 PC-4 SI PI Automotive rental agency N P N N N P P N Automotive service station N C N C C N C N Vehicle service and storage facility I N I N I N I N I N I N P P 25,16.040.1 Staff is requesting the following additions to Table 25.16-1 1. "Automotive rental agency'. The zoning code allows car rental companies within the C-1, PC-4, and S.I. zones as a permitted use. The current definition is under "Automotive sales and rentals". The definition states, "A retail establishment for the display, sales, or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats." The intent of the land use classification "Automotive rental agency" is strictly for car rental companies and Staff Report ZOA 15-350: Automobile Uses Page 3 of 7 December 15, 2015 indoor sales. Staff is proposing to allow them in the current zones, but add a new definition, which would only identify automotive rentals. 2. "Automotive outdoor sales new and used". Staff chose the S.I. zoning district because the properties under this designation are not located within the commercial core along Highway 111 and El Paseo, and are not surrounded by residential properties. Most of the properties are adjacent to Interstate 10 and within Cook Street Industrial Business Park area. Allowing outdoor automotive sales subject to a CUP in these areas will allow staff and Planning Commission to review each application on a case-by-case basis and mitigate any potential negative impacts on the community in regards to traffic, lighting, noise, hours of operation, building design, signage, advertising devices, and outdoor car locations. Each applicant would be subject to Section 25.72.050 Conditional Use Permits, which must be reviewed and approved by the Planning Commission. 3. "Automobile retail showrooms". Staff's recommendation came from the request of Tesla Motors. On December 1, 2015 the Planning Commission approved CUP 15- 317 allowing Tesla Motors to operate within a 2,615-square-foot store within the Gardens along El Paseo. Staff processed the CUP application since the property falls within the El Paseo Overlay, and the Planning Commission may, by way of a CUP, approve other uses if the use is determined to be compatible with the intent of the overlay. The Planning Commission approved the use since Tesla Motors has distinguished itself far differently from other auto-retailers, and operates strictly out of retail-type storefront rather than a large auto-center type setting. The intent of allowing automobile retail showrooms in the C-1, S.P. zone would be similar to Tesla Motors and other high-end automotive producers like Ferrari where its product line is specialized from other auto-makers. The retail showrooms would be subject to a CUP and reviewed on a case-by-case basis for land use compatibility, parking, lighting, signage, and to prevent a large concentration along Highway 111 and El Paseo. 4. "Automotive sales of accessory parts and supplies". This use was created to clearly distinguish the difference between an accessory store that sells auto parts like Auto Zone from a vehicle service business that performs oil changes and tire rotation like Goodyear. These uses would be permitted in the C-1, PC-2, PC-3 zones. 5. "Automotive gasoline station". The existing classification is "Automotive service station". Staff is proposing to change the classification since "Vehicle service" will include automotive repair businesses, and this classification will only address gas stations. They will continue to be subject to a CUP within the C-1, PC-2, PC-3, and S.I. zones. A new definition is proposed, which includes minor vehicle repairs and food sales. 6. "Vehicle service". Staff is proposing to separate vehicle service from "Storage facility" since they are two different types of businesses. Vehicle service businesses will continue to be permitted within the S.I. zone, but staff is proposing to allow them Staff Report ZOA 15-350: Automobile Uses Page 4 of 7 December 15, 2015 within the PC-2 and PC-3 zones subject to a CUP. Currently, the City has several vehicle service businesses within the PC-2 and PC-3 zones. This will allow staff to review building designs such as service bays. Also, staff has provided a new definition for vehicle service and has removed in from the existing automotive service station. 7. "Storage Facility". Storage facilities will continue to be permitted within the S.I. and P.I. zones. A new definition is proposed to clearly identify a vehicle storage facility. Below is the proposed Table 25.16-1, which coincides with the above descriptions. Automobile and Vehicle Uses OP C-1 PC-1 PC-2 PC-3 PC-4 Sl Pl Automotive rental agency N P N N N P P N Automotive gasoline station N C N C C N C N Vehicle service N N N C C N P P Automotive sales new and used N N N N N N C N (Outdoor/ Indoor) Automobile retail showrooms N C N N N N N N Automotive sales of accessory parts N P N P P N N N and supplies Storage facility N N N N N N P P 25.16.040.1 Section 25.28.070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOZ) are proposed to add automotive outdoor sales new and used under "Conditional uses". Currently, the "Conditional Uses" are listed below. B. Conditional uses. Uses permitted by an approved CUP are as follows. 1. Restaurants, general, include 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. Staff Report ZOA 15-350: Automobile Uses Page 5 of 7 December 15, 2015 Staff is recommending the FCOZ, because the properties under this designation are located in the northern portion of the City near Interstate 10. The purpose of the FCOZ is to provide optional standards and incentives for development of specific types of commercial uses on commercially zoned properties with freeway frontage. 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 conditionally permitted in the FCOZ, the project must utilize FCOZ standards and have an approved specific plan. The Municipal Code currently requires the preparation of specific plans for land developments within the Planned Community Development Overlay District (PCD) and FCOZ. Under a specific plan, the Planning Commission will review each application on a case-by-case basis to mitigate any potential negative impacts on the community in regards to traffic, lighting, noise, hours of operation, building design, signage, advertising devices, and outdoor car locations. Each applicant would be subject to Section 25.72.050 Conditional Use Permits, which must be reviewed and approved by the Planning Commission. Below is the proposed amendment. Staff has added "Automotive outdoor sales new and used" as No. 10. B. Conditional uses. Uses permitted by an approved CUP are as follows. 1. Restaurants, general, include drive-through restaurants. 2. Automobile service stations without regard to the required separation distance provisions per Section 25.34.090 (Automotive Service Stations). 3. Convenience stores. 4. Car washes. 5. Combinations of two or more of the above uses. 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat storage. 10.Automotive outdoor sales new and used. Section 25.99.020 — Land Use Definitions Below are the proposed definitions which coincide with the proposals above. "Automotive rental agency" A retail establishment for the display, or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats. "Automotive outdoor sales new and used" Automobile, mobile home, and motor vehicle sales means service industrial establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, Staff Report ZOA 15-350: Automobile Uses Page 6 of 7 December 15, 2015 motorized farm equipment, motorcycles, mopeds, (golf carts, snowmobile and jet skis, which are included under "Retail Services"). The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. "Automobile retail showrooms" The use or purpose of which shall be the marketing and display of new automobiles, whether by sale, lease, or other commercial or financial means to the consumer from within an enclosed building and parking structures. These uses do not include any type of service bays, vehicle repair, battery replacement, oil changes, and tire recapping establishments. "Automotive sales of accessory parts and supplies" Automobile parts sales means stores only selling new automobile parts, tires, and accessories. These uses do not include any type of service bays, vehicle repair, battery replacement, service bays, oil changes, and tire recapping establishments. "Automotive gasoline station" A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. The use may also include mini-markets and other food sales, accessory towing and trailer rental services. These uses do not include the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. "Vehicle service" A facility to repair and/or store vehicles. It includes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping. "Storage facility" These uses include the storage of operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling. Staff Report ZOA 15-350: Automobile Uses Page 7 of 7 December 15, 2015 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, since all new projects would be reviewed under a CUP application. Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA purposes. Submitted By: 1 4- '/J*� Kevin Swartz, Associate Planner Department Head: Tony Bagato, Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2660 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 PALM DESERT MUNICIPAL CODE SECTIONS 25.16.030, 25.28.070, AND 25.99.020 TO ALLOW NEW AND USED OUTDOOR AUTOMOTIVE SALES IN CERTAIN LOCATIONS, AND OTHER MODIFICATIONS TO.. AUTO USES THROUGHOUT THE CITY ` CASE NO: ZOA 15-350 WHEREAS, the Planning Commission of the City of� Im`®evert, California, did on the 15t� day of December, 2015, hold a duly noticed public hearing to con the request by the City of Palm Desert for approval of the above noted; end WHEREAS, establishing an Ordinance o allow new and used outdOor automotive sales within the service industrial and the free�ni6y, commerct l overlay zoning`; istricts, and automobile retail showrooms within the General Cgrpmedlaf,�Scenic Preservation Zone; all subject to a Conditional Use Permit, and other modtfc lo`ns to auto uses will expand the City's business portfolio and will mc�Ose the City's sates tax, create additional jobs, and provide a different type of product to c�0s'Utters, and ' WHEREAS, amendments to On 25� Q30 "A I ed Land Uses,' Section 25.28.070 "Freeway Co t tcial Overlays Disfir► ," aril � ection 25.99.020 "Land Use Definitions" are minor in t1 ur �In reflect th ';w y the City dews automotive uses throughout the City; and WHEREAS, std,applic complies with the requirements of the "City of Palm Desert Procedure for Imm Environmental Quality Act," Resolution No. 2015-7 ' 1 Darecto ommunity Dev t p'ment has determined that the project will not have a gtivei�rp # on l'ie nvironment and has prepared a Notice of Determination of a Negatifibecla ratio n4rt ccordande CEQA; and HEREAS, at saldlpublic h tiring, upon hearing and considering all testimony and arguments, tf.any, of all interested persons desiring to be heard, said Planning Commission did find the fo'llowing factsd reasons to exist to justify the recommendation to the City Council of saW',T, pest NOW, THERIwf31;tE, 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 recommend approval of Zoning Ordinance Amendment 15-350 as proposed. PLANNING COMMISSION RESOLUTION NO. 2660 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 15t" day of December 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: " KEW TENDELL, CHAIRPERSON ATTEST: L u TONY BAGATO, ACTING SECRETA M PALM DESERT PLANNING COMMISSjQ >� . am z t K✓.;., Y K G:\Planning\Kevin SWartzkWord\ZOA 15-350 Auto sale code changes\Planning Commission Resolution.doc 2 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "A" Section 25 16 030 —Allowed Land Uses and Permit Requirements This section is Table 25.16-1, which is a matrix for commercial and industrial districts and identifies allowed uses. Use regulations within the table are shown with representative symbols by the classifying use. Below is the current table within the zoning code. s Automobile and Vehicle Uses OP C-1 PC-1 PC-2 PC-3 I PC-4 SI PI Automotive rental agency N P N N N P P N Automotive service station N C N C C N C N Vehicle service and storage facility N N N N N N P P 25.16.040.1 Below is the proposed Table 25.16-1, which coincides wift,the descriptions, described in s�< the staff report. 41 Automobile and Vehicle Uses OP C-1 PC-1 I PC-2 I PC-3 PC-4 SI PI Automotive rental agency N P N N N P P N Automotive gasoline station N C N C C N C N Vehicle service N N N C C N P P Automotive sales new and used N N N N N N C N (Outdoor/ Indoor) Automobile retail showrooms N C N N N N N N Automotive sales of accessory parts N P N P P N N N and supplies Storage facility N N N N N N P P 25.16.040.1 v G\Planning\Kevin Swartz\Word\ZOA 15-350 Auto sale code changes\Planning Commission Resolution.doc 3 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "B" Section 25 28 070 — Freeway Commercial Overlay District Amendments to Section 25.28.070 "Freeway Commercial Overlay District" (FCOZ) are proposed to add automotive outdoor sales new and used under "Conditional uses."Currently, the "Conditional Uses" are listed below. Below is the proposed amendment. Staff has added "Automotive outdoor sales new and used" as No. 10. B. Conditional uses. Uses permitted by an approved CUP are as follows. 1. Restaurants, general, include drive-through restautants. 2. Automobile service stations without regard.t ` the require! Separation distance provisions per Section 25.34.090 (AutomotNe Service Stations) 3. Convenience stores. ` 4. Car washes. 5. Combinations of two or more of the aboveps - h, r 6. Hotels per Section 25.34.070 (Hotels). 7. Commercial recreation and amusement establishments. 8. Mini storage. 9. Outdoor recreational vehicle and boat§10,age. 10.Automotive outdoor sales new ar1�f fused `h M> ry y � > xF q{ f l G:\Planning\Kevin Swartz\Word\ZOA 15-350 Auto sale code changes\Planning Commission Resolution.doc 4 PLANNING COMMISSION RESOLUTION NO. 2660 Exhibit "C" Section 25.99.020 — Land Use Definitions "Automotive rental agency" A retail establishment for the display, or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats. "Automotive outdoor sales new and used" Automobile, mobile home, and motor vehicle sales means service industrial establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, (golf carts, snowmobile and jet skis, which are included under "Retail Services"). The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined. "Automobile retail showrooms" The use or purpose of which shall be the marketing and display of new automobiles, whether by sale, lease, or other commercial or financial means to the consumer from within an enclosed building and parking structures. These uses do not include any type of service bays, vehicle repair, battery replacement, oil changes, and tire recapping establishments. "Automotive sales of accessory parts and supplies" Automobile parts sales means stores only selling new automobile parts, tires, and accessories. These uses do not include any type of service bays, vehicle repair, battery replacement, service bays, oil changes, and tire recapping establishments. "Automotive gasoline station" A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. The use may also include mini-markets and other food sales, accessory towing and trailer rental services. These uses do not include the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces. "Vehicle service" A facility to repair and/or store vehicles. It includes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping. "Storage facility" These uses include the storage of operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling. G:\Planning\Kevin Swartz\Word\ZOA 15-350 Auto sale code changes\Planning Commission Resolution.doc 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 15-350 NOTICE OF INTENT TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR CONSIDERATION TO ADOPT A ZONING ORDINANCE AMENDMENT TO ALLOW NEW AND USED AUTO SALES WITHIN THE SERVICE INDUSTRIAL ZONE AND FREEWAY COMMERCIAL OVERLAY ZONE SUBJECT TO A CONDITIONAL USE PERMIT, AND ALLOW AUTOMOBILE SHOWROOMS WITHIN THE GENERAL COMMERCIAL ZONE AS A PERMITTED USE. ALSO, MINOR AMENDMENTS TO MUNICIPAL CODE SECTIONS 2516.030 25.28.070, AND 25.99.020 TO REFLECT THE NEW ZONING ORDINANCE AMENDMENT 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 the Zoning Ordinance Amendment and have determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment as individual development proposals will undergo additional environmental review as part of the Conditional Use Permit process prior to any development. Project Location: City-wide, within the Service Industrial zone, Freeway Commercial Overlay zone, General Commercial zone, and General Commercial, Scenic Preservation zone. 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 before the City Council. Public Hearing: The public hearing will be held before the Planning Commission on December 15, 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 30, 2015 to December 15, 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: Kevin Swartz, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN TONY BAGATO, Acting Secretary November 30, 2015 Palm Desert Planning Commission NEGATIVE DECLARATION 1. Name or description of project: Specific Plan Ordinance 1 2. Project Location— Identify street City-wide address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 112' topographical map identified by quadrangle name): 3. Entity or Person undertaking project: A. City of Palm Desert Kevin Swartz, Associate Planner B. Other(Private) The Lead Agency, having reviewed the Initial Study of this proposed project, having reviewed the written comments received prior to the public meeting of the Lead Agency, and having reviewed the recommendation of the Lead Agency's Staff, does hereby find and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings are as follows: Approval of the ordinance would expand the City's business portfolio and allow new and used outdoor automotive sales within the Service Industrial (S.I.) and Freeway Commercial Overlay Zoning Districts(FCOZ), and automobile retail showrooms within the General Commercial, Scenic Preservation (C-1, S.P.), with all uses subject to a Conditional Use Permit (CUP). Approval of staff's recommendation also includes modifications to existing definitions for "Automotive rental agency", "Automotive service station", "Vehicle service", "Storage facility", and creates new definitions for "Automotive sales", "Automobile retail showrooms", and "Automotive sales of accessory parts and supplies". The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study is attached. The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: City of Palm Desert 73-510 Fred Waring Drive, Palm Desert, CA 92260 Phone No.: (760) 346-011 Date Received for Filing: Staff Negative Declaration FORM"E"