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HomeMy WebLinkAbout2017-03-21 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, MARCH 21, 2017 — 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 REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION MARCH 21, 2017 A. MINUTES of the Regular Planning Commission meeting of February 21 , 2017. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER VIII. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION to adopt a Notice of Exemption in accordance with the California Environmental Quality Act; and approve a Precise Plan to demolish an existing single-family residence and construct a new 5,162- square-foot classroom building for Sacred Heart Catholic School at 43-775 Deep Canyon Road. Case No. PP 16-313 (Prest Vuksic Architects, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2690, approving Case No. PP 16-313. Action: B. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a Zoning Ordinance Amendment to Palm Desert Municipal Code Section 25.16.04H "Specific Use Standards" for commercial and industrial districts to allow drive-through restaurants on arterial streets with a freeway interchange (or planned interchange) and within one and a half (1'/2) miles of the northern city boundary. Case No. ZOA 17-028 (Lumar Devco, LLC, Newport Beach, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2691, approving Case No. ZOA 17-028. Action: 2 G\PlanningWonica OReilly\Planning Comm ission\2017\Agenda\3-21-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION MARCH 21, 2017 C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for an ordinance amendment to amend Section 25.34.030 "Accessory Dwelling Units" and Section 25.99.020 "Definitions" of the Zoning Ordinance to comply with recently enacted state legislation related to accessory dwelling units. Case No. ZOA 17-018 (City of Palm Desert, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2692, approving Case No. ZOA 17-018. Action: X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION XII. COMMENTS XIII. 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 171h day of March 2017. I , Monica O'Reilly, Recording Se r tary 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 G\Planning\Monica OReilly\Planning Commission\2017\Agenda\3-21-17 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, FEBRUARY 21, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to order-at 6:00 p m .. II. ROLL CALL << ti Prior to the Roll Call, Mr. Ryan Steihd611 Director f Community"Development, introduced newly appointed Planning Corr�t sioner,Lhdsay Holt. Present: Commissioner John Greenwoodr �„ Commissioner Ron Gregory ! Commissioner Linn s Molt Vice Chair Josephradefto Chair Nancy 0.eLuna a Staff Present Jill Tremay, ity !�# r`riey C 4> t yin StendeJlirect�r of Community Development uric Ceja, Prihcl ahPlandOr , Heather Buck, Astant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE,.OF ALLEGIANCE 5 Commissid ,Joh'h Greenwood led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 17, 2017. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge parcels at 43-775 Deep Canyon Road and Florine Avenue. Case No. PMW 16-326 (Sacred Heart Church, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 16- Approved. 3-0-2 (AYES: DeLuna, Gregory, an&-.Pradetto; NOES: None; ABSTAINED: Greenwood and Holt). C. REQUEST FOR CONSIDERATION of.,Ii6 ding General flan conformance for vacating a short, dead-end street know bt as Anglewood Dri opated in south Palm Desert. (Ken Blair and Doris J', ding, Palm Desert, California, Applicants). Rec: By Minute Motion, approve they ,,roposed� street vacation at Anglewood Drive. An amendment to the minutesnras proposed by Commissioner Greenwood to add the words that are underlined Fr . `re ,eu,,ed by thy. ARC prior to construction document review" to page nine, paragraph time In addition, Commissionef Greenwood stated he would be abstaining on Item B, Case No. PMW 46-326 On a motion by G,ommiWobter Pradetto, second by Commissioner Gregory, and a 4- 0-1 vote of the Planning '_6 mission, ere ain`der of the Consent Calendar was approved as amended °(A !ES: Delu'na, Greenwood; Gregory, and Pradetto; NOES: None; ABSTAINb: Holt) µ VII. CONSENT ITEMS MELD OVER Norte t: VIII. NEW BUSINESS A. APPOINTMENT of Commission Liaisons for Art in Public Places and Parks and Recreation Commission for 2017. Rec: Nominate and appoint positions. Vice Chair Pradetto moved to, by Minute Motion, appoint Commissioner Greenwood for the Parks and Recreation Commission Liaison and Commissioner Holt for the Art in Public Places Commission Liaison. Motion was seconded by Commissioner Gregory and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). 2 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\2-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve an amendment to a Development Agreement for Marriott Shadow Ridge (DA 98-1) located at 9003 Shadow Ridge Road. Case No. DA 98-1 Amendment No. 1 (Marriott Ownership Resorts, Inc., Orlando, Florida, Applicant). Ms. Heather Buck, Assistant Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). Staff recommended approval and offered to answer any questions. Commissioner Greenwood asked if the vacant parcet h the southwest corner of Monterey Avenue and Frank Sinatra Drive is part ofe`deyplopment agreement. .a,. . Ms. Buck replied that the vacant parcel is in Rancho Mirage. Chair DeLuna said the staff report states.That the applicant is rn ahe design and permitting phase. As of today, she asked what progress has beef ,,ade with the design and permitting. Ms. Buck responded that over the next two years, the applicant is working on finalizing the design of Phas the next fo " gars, they expect construction to be completed. As far as the deign -end permitting progress, she would have the applicant speak to that matter. Chair DeLuna declared the,pxublac. hearing ripenid invite public testimony FAVORING or OPPOSING this matter r �r MR. BRETT UTHERLANp, Marriotti'C vnership Resorts, Inc., Orlando, Florida, stated that as taf tgday, the ccr�strgction dumentation for Phase 9A and Phase 9B is approximately 60, b pei'dent parnpleted. He mentioned that Phase 10 and Ph,ase,.1 t �i-e only m fhe early conceptµstages. Ideally, Chair De��ona asked what the time frame for the development of the phases MR # THERLAND replied that from a construction perspective, they would build Phase ,:'Phase 1 Q, an'd then Phase 11. Chair DeLuna:,0'"hired if there is an approximate time frame for the development of Phase 9. MR. SUTHERLAND replied that they would like to complete Phase 9 by the year 2021. With no further testimony offered, Chair DeLuna declared the public hearing closed. 3 GAPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\2-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 Commissioner Gregory commented that the request is a routine matter. The economy certainly has taken a hit over the last few years. He would like to be more optimistic and think that the economy is getting better; however, he understands the reason the applicant is asking for an extension. Vice Chair Pradetto moved to waive further reading and adopt Planning Commission Resolution No. 2689, approving Case No. DA 98-1 Amendment No. 1, extending the term by 10 years through December 10, 2030. Motion was seconded by Commissioner Pradetto and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Holt, and Pradetto; NOES: None). Chair DeLuna thanked the applicant for choosing to do b-,Utiness in Palm Desert. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Mr. Stendell said to keep a vigilant..eye on the Desert X art exhibition that the City has sponsored. m a; Chair DeLuna asked,about an app that is1� C�labl whi has information on the El Paseo art exhibitlQ Mr. Stendell f6sponded ti"t he wil ..`email the app information to the Planning Commission , z; B. PARK ,S & RECRI* "I©N Y: None X XII. COMMENTS Co ml5sioner Greenwood commented that he attended the Swing `N Hops event on EI Pase die complim6nted City staff and volunteers who helped with the event. Commission r:rCregory mentioned that he attended the last Art in Public Places Commission meeting. He said the meeting focused on looking at the work of artists that are being considered for displaying their art in Palm Desert. With new Commissioners on the Planning Commission, Commissioner Greenwood inquired if the City Council has considered sending a Planning Commissioner to the League of California Cities Planning Commissioners Academy. Mr. Stendell replied yes. He had hoped to send two Commissioners; however, he is only sending one. He noted that next year they would send another Commissioner as time and funding allows. 4 WPlanning\Monica OReilly\Planning Comm ission\2017\Minutes\2-21-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 21, 2017 Chair DeLuna asked if the Planning Commissioners Academy is a different conference from the annual conference. Mr. Stendell explained that the League of California Cities puts together the Planning Commissioners Academy, which is aimed specifically for Planning Commissioners. The Academy also has sessions on current trends going on within the planning realm and industry. Chair DeLuna inquired if the other annual conference/seminar is in the budget this year. Mr. Stendell responded that there are no more funds_far this fiscal year. For Fiscal Year 2017/2018, he requested funds for confers flees, However, the request for funds is up in the air at the discretion of the City" :ia e�;Oi ector of Finance, and the City Council. Chair DeLuna asked when the annual Lett `of California Cities is being held. Mr. Stendell replied September or October XIII. ADJOURNMENT With the Planning Commission cgncurt;nce, Chair }iaLuna adjourned the meeting at 6:19 p.m. 0r x NAKCY DE LUNA, CHAIR ATTEST: x� z„ RYAN St8N,DELL, SECRETARY PALM DES"T PLANNINGsCOMMISSION MONICA O'REILLY, RECORDING SECRETARY 5 GAPlanning\Monica OReilly\Planning Commission\2017\Minutes\2-21-17.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVE A PRECISE PLAN TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 5,162-SQUARE-FOOT CLASSROOM BUILDING FOR SACRED HEART CATHOLIC SCHOOL AT 43-775 DEEP CANYON ROAD SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: Prest Vuksic Architects 44-350 San Pablo Avenue Palm Desert, CA 92260 CASE NO: PP 16-313 DATE: March 21, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2690 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Architectural Review Commission (ARC) Notice of Action 5. Architectural Exhibits, Site Plans, Landscape Plans Recommendation Waive further reading and adopt Planning Commission Resolution No. 2690, approving a Categorical Exemption under the California Environmental Quality Act and a Precise Plan for the construction of a 5,162-square-foot classroom building for Sacred Heart Catholic Church, subject to conditions. Architectural Review Commission The City's ARC reviewed the applicant's request for site improvements at their meeting on February 14, 2017. The Commission voted 5-0-2 in recommending preliminary approval of the new classroom building and site improvements. Staff Report Case No. PP 16-313 Sacred Heart Catholic Church Page 2of5 March 21, 2017 Executive Summary Approval of staff's recommendation will allow the demolition of an existing single-family home and construction of a new classroom building for Sacred Heart Catholic Church, and related site improvements. The subject property for the classroom expansion is located at 43-670 Florine and is currently developed as a single-family residence owned by the church. A Precise Plan application is required since the applicant is demolishing the existing residence and the classroom building is considered new construction. All Precise Plans require approval from the Planning Commission. The building conforms to the development standards for height, land use compatibility, and parking, subject to granting an exception for the front setback. Background A. Property Location: Sacred Heart is located north of Fred Waring Drive, between Deep Canyon Road and Florine Avenue (Florine). The subject property for the classroom expansion is located at 43-670 Florine and is currently developed as a single-family residence. Both Sacred Heart (14.8 acres) and the subject property (0.22 acres) are owned by the Roman Catholic Bishop of San Bernardino. The church site includes a sanctuary, administrative offices, parking facilities, a preschool through eighth grade school campus, and associated site improvements.The church and school have been in operation at the site since 1984. B. General Plan and Zoning Designations: General Plan: Conventional Suburban Neighborhood Public Facility/Institution Zone: R-1, 9,000, Single-Family Residential P.R. - 4, Planned Residential, 4 units per gross acre C. Adjacent Zoning and Land Use: North: Zone R-1 , 9,000, Single-Family Residential South: Zone R-1, S.P., Single-Family Residential; Scenic Preservation Overlay East: P.R. - 4, Planned Residential, 4 units per gross acre West: Zone R-1, 9,000, Single-Family Residential \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-313 43775 Deep Canyon-New Sacred Heart Classrooms\2017-03-21 PC-Staff Report Sacred Heart.doc Staff Report Case No. PP 16-313 Sacred Heart Catholic Church Page 3of5 March 21, 2017 Project Description The project includes the demolition of the existing single-family home (1 ,800 gross sq. ft.) and the construction of a new 5,162-square-foot classroom building for Sacred Heart and associated site improvements. Analysis A. Site Plan & Building Design: STANDARD R-1 ZONE PROJECT Coverage 35% n/a— part of larger campus 18'-01, Height (ARC approval 18'-0" from finished grade required) Front Setback 20'-0" Varies: 14'-8" to 20'-0" Rear Setback 15'-0" n/a— part of larger campus Side Setbacks 5-0" min, 14'-0" total n/a — part of larger campus Parking n/a No change to campus Landscaping n/a No significant change to campus Beginning at the southern edge of the property, the building is set back 20'-0" from Florine. The property line follows the curve of the street to the east and subsequently, at the northern edge of the property, the building is only set back 14'-8" from the property line. With this irregularly shaped lot, the building setbacks cannot be met without creating substandard classroom sizes. Section 25.40.020 of the Palm Desert Municipal Code (PDMC) allows up to a 25 percent reduction in the front yard setback, provided that the average of the setback is not less than the minimum for the district. A 25 percent reduction in the front yard setback would result in a minimum 15-0"setback. The project nearly meets this requirement. Section 25.72.030 of the PDMC grants the Planning Commission authority to modify development standards through the precise plan process. The proposed project complies with the standards set forth for the R-1 zone, with the exception of the front setback. The building height is 18'-0" which is allowed in the R-1 zone with the ARC approval, which was granted at the meeting on February 14, 2017. Staff recommends that this project be approved at 18'-0" in height with the setbacks as presented (minimum front yard setback of 14'-8" provided that the average of the front setbacks meets the 20'-0" setback requirement for the district). The modification of the G:\Planning\Heather Buck\Case Files\PP\PP 16-313 43775 Deep Canyon-New Sacred Heart Classrooms\2017-03-21 PC-Staff Report Sacred Heart.doc Staff Report Case No. PP 16-313 Sacred Heart Catholic Church Page 4 of 5 March 21 , 2017 development standards for the 4" requested will not be detrimental to the neighborhood and will facilitate adequate classroom sizes and a cohesive architectural style for the campus. The proposed building is a one-story building that is 5,162 square feet in size and 18'-0" in height from finished grade. The architecture resembles, but does not exactly mimic the adjacent classroom buildings in design. The building incorporates stucco, CMU veneer, precision block, standing seam metal panels and metal canopies to complement the existing campus buildings. The architecture is compatible with the existing classroom buildings along Florine Avenue. The proposed project blends the new landscaping in with the existing landscaping along Florine Avenue. The existing Mexican fan palms will remain and new cactus and shrubs including desert spoon will be added. The ground cover will be decomposed granite to match the existing campus with boulders spaced throughout. B. Land Use Compatibility: The proposed parcel to be developed is zoned R-1, 9,000, Single-Family Residential. The intent of this zone is to encourage the preservation of residential neighborhoods characterized by single-family homes on medium-sized lots and to preserve undeveloped lands forsimilartypes of residential development by permitting a minimum of auxiliary nonresidential uses. There are only two remaining residences along Florine Avenue, the subject parcel being one of them. The Sacred Heart Campus occupies the remainder of the east side of Florine Avenue. The Sacred Heart Campus is zoned P.R.4, Planned Residential, 4 units per gross acre. The purpose of this zone is to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types and community facilities. Educational and religious institutions are permitted in both zones, subject to approval of a Conditional Use Permit (CUP). The Sacred Heart campus has an existing CUP and is not modifying any of the existing conditions. C. Circulation: Access to the campus remains unchanged and there is no impact to existing vehicle circulation. D. Parking: There is no change to the existing parking as there is no request for additional capacity (i.e. no new students). \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-313 43775 Deep Canyon-New Sacred Heart Classrooms\2017-03-21 PC-Staff Report Sacred Heart.doc Staff Report Case No. PP 16-313 Sacred Heart Catholic Church Page 5 of 5 March 21, 2017 E. Findings of Approval: Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Summary Staff supports the proposal to construct a new classroom building at this location. The use is consistent with the uses permitted in the residential zones. The building's architecture and design meet City of Palm Desert standards. Environmental Review The Director of Community Development has determined that the proposal to construct a new classroom building qualifies for an exemption under the California Environmental Quality Act (CEQA) as the site is substantially improved and is served by existing utilities. Staff is recommending that the Planning Commission adopt a Notice of Exemption for the purposes of CEQA. Submitted By: Heather Buck, Assistant Planner Department Head: .1*, - Ryan Stendell, Director of Community Development \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-313 43775 Deep Canyon-New Sacred Heart Classrooms\2017-03-21 PC-Staff Report Sacred Heart.doc PLANNING COMMISSION RESOLUTION NO. 2690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A PRECISE PLAN TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 5,162-SQUARE-FOOT CLASSROOM BUILDING FOR SACRED HEART CATHOLIC SCHOOL AT 43-775 DEEP CANYON ROAD CASE NO: PP 16-313 WHEREAS, the Architectural Review Commission did, at their meeting on February 14, 2017, review the architecture and landscape plans for the proposed building, and approved a recommendation to the Planning Commission for approval of the Precise Plan application; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of March, 2017, hold a duly noticed public hearing to consider the request by Sacred Heart Catholic School, for approval of the above noted; and WHEREAS, the parcel is located in the Single-Family Residential (R-1, 9,000) zoning district, which allows "educational and religious institutions" as permitted uses subject to approval of a Conditional Use Permit; and WHEREAS, the Sacred Heart Catholic School possesses a Conditional Use Permit (CUP 04-13) for the church and grade school and an amendment to the CUP is not required because there will be no students added; and WHEREAS, the proposed project conforms to the development standards and maximum building heights listed in the City's Zoning Ordinance for the Single-Family Residential (R-`1) zoning district with the exception of a setback exception along Florine Avenue; and WHEREAS, said applications have 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 32 Categorical Exemption for the purposes of CEQA. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan 16-313, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 2690 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 2f day of March 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2690 CONDITIONS OF APPROVAL CASE NO. PP 16-313 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1 . The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Construction of said project 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. 3. Any proposed changes to this Precise Plan will require an amendment to the application, which will result in a new public hearing.''' 4. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting Ordinance. 5. Final landscape plans shall be submitted to the City's Department of Community Development and the Coachella Valley Water District for review and approval. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application, and shall include dense plantings of landscape material. All plants shall be a minimum of five gallons in size, and a minimum 24-inch box is required for shade trees. 6. The applicant shall submit a signed application to the City's Department of Community Development for any building>;mounted or monument signs associated with the project. 7. Comply with the provisions listed in Conditional Use Permit CUP 04-13. DEPARTMENT OF PUBLIC WORKS: 8. The applicant shall submit a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 9. The grading plan shall identify all proposed and existing utilities. 10.The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 11 .The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 3 PLANNING COMMISSION RESOLUTION NO. 2690 12.The applicant shall quitclaim the SCE and Verizon easement on the common line of Lots 29 and 30 prior to grading permit issuance. 13.A parcel map waiver for a lot line adjustment shall be submitted for review and approval prior to grading permit issuance. 14.The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal DEPARTMENT OF BUILDING AND SAFETY: 15.This project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Plumbing Code and its appendices and standards. C. 2016 California Mechanical Code and its appendices and standards. D. 2016 California Electrical Code. E. 2016 California Energy Code. F. 2016 California Green Building Standards Code. G. Title 24, California Code of Regulations. H. 2016 California Fire Code and its appendices and standards. 16.Provide an analysis to determine compliance with CBC Section 705 and Table 705.8 for exterior walls. 17.An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 18.A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per;2016 CBC Chapters 11A & B (as applicable) and Chapter 10. 19.AI1 exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206) 20.Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 21 .Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 22.All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 4 PLANNING COMMISSION RESOLUTION NO. 2690 23.All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 24.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from the street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 25.Please contact Cherie Williams, Building Permit Specialist II, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. FIRE DEPARTMENT: 26.The proposed project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 27.Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 28.Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal and Riverside County Fire Department Standards.; Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. SPECIAL PROGRAMS: 29.No additions or modifications to the trash enclosure are required. 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 16-313 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVAL TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 5,162-SQUARE-FOOT CLASSROOM BUILDING FOR SACRED HEART CATHOLIC SCHOOL LOCATED AT 43-775 DEEP CANYON ROAD The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32 — 15332 In-Fill Development Projects as this project is consistent with the City's General Plan and zoning regulations, the project site is less than five (5) acres in size and is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the project site and are available, and approval of the project will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/ Description: Project Location: 43-775 Deep Canyon Road Project Description: A Precise Plan application has been submitted for the demolition of the single-family residence located at 43-670 Florine Avenue and the construction of a new 5,162- square-foot classroom building for Sacred Heart Catholic School (43-775 Deep Canyon Road). The lot to be redeveloped is approximately 0.22 acres in size. Recommendation: Staff is recommending approval of the new classroom building, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on March 21, 2017, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from March 11, 2017 to March 21, 2017. Public Review: The Precise Plan application and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Heather Buck, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 hbuck@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary March 11, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O. Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr, Riverside. or CA 92507 County Clerk County of: Riverside 1. Project Title: Sacred Heart Catholic School Classroom Expansion 2. Project Applicant: Prest Vuksic Architects 3. Project Location—Identify street address and 43-775 Deep Canyon Road cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 4. (a)Project Location—City: Palm Desert (b) Project Location—County: Riverside 5. Description of nature,purpose,and beneficiaries The applicant requests to demolish an existing single family of Project: residence and associated improvements,and construct a new classroom building for the adjacent Sacred Heart Catholic School. In addition,the applicant will provide new landscaping. No additional students. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Prest Vuksic Architects for the Roman Catholic Bishop of project, including any person undertaking an San Bernardino activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit, license,certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) j (d) ® Categorical Exemption. Class 32 "In-fill Development Project"a—e State type and section number: 15332 (e) ❑ Declared Emergency. (Pub. Res. Code§ 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 9. Reason why project was exempt: Project is consistent with the City's general plan and applicable zoning regulations. The site has previously been graded and has been used as a single family residence. As Notice of Exemption FORM `B" . = - , . .� 73-5ro FRcv 1t'.aRi`c DRIVE p K. PALM DESERT, CALIFORNIA Q226o_-,; 8 Ay TEL: 760 346—o6II fi� nfc,�cetopallndeserLurg February 15, 2017 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION Revised February 22, 2017 CASE NO: PP 16-313 APPLICANT AND ADDRESS: PREST VUKSIC ARCHITECECTS, 44530 San Pablo Avenue, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminarily approving new class room addition; Sacred Heart Catholic School. LOCATION: 43775 Deep Canyon Drive ZONE: R-1, 9,000 Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval as presented. Date of Action: February 14, 2017 Vote: Motion carried 5-0-2, with Commissioners Levin and Vuksic absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) 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Consider uses that serve occupants of vehicles (such as drive-through windows) and discourage uses that serve the vehicle (such as car washes and service stations), in places that are clearly automobile oriented, ensuring that such uses do not disrupt pedestrian flow, are not concentrated, do not break up the building mass of the streetscape, and are compatible with the planned uses of the area. Project Description On February 22, 2017, staff received a ZOA application for a drive-through restaurant at the former Casey's Restaurant site located at the corner of Washington Street and Avenue of the States. Prior to submittal of the initial development application for this site, the applicant provided a letter of interest to the City explaining their reasoning for pursuing a drive-through restaurant at this site. The applicant has since requested direction regarding whether a drive-through restaurant will be permitted at this location priorto further review of the development application (Case No. PP 16-303). The application includes demolition of the existing restaurant and construction of two retail/restaurant buildings and associated site improvements. Currently PDMC Section 25.16.040H states that "with the exception of the Freeway Commercial Overlay, drive-in and drive-through [restaurant] facilities are prohibited." The proposed ZOA addresses not only the specific request by the applicant, but the City as a whole, to provide consistent land use policy citywide. Staff is preparing an update to the Zoning Code to reflect the newly adopted General Plan as a comprehensive process. This item is being processed separately due to the development application and request for a ZOA from the applicant for Case No. PP 16-303. Analysis The existing zoning ordinance restricts the location of drive-through restaurant facilities to the Freeway Commercial Overlay Zone (FCOZ), subject to a Conditional Use Permit (CUP). Properties with this zoning designation are located adjacent to the 1-10 freeway and on the following streets with a freeway interchange: Monterey Avenue, Cook Street, and Washington Street. Arterial streets with a freeway interchange are clearly automobile oriented and providing land use opportunities that serve occupants of these vehicles is in line with the policy outlined in the General Plan. Staff proposes to expand on this concept and permit drive- through restaurants within the FCOZ, and also on arterial streets with a freeway interchange (or planned interchange) and within one and a half (11/2) miles of the northern City boundary. Generally, this use would be permitted on the following streets pursuant to a GAPlanning\Heather Buck\Case Files\ZOA\ZOA 17-28 Drive-through restaurants\2017-03-21 PC-Staff Report ZOA 17-028 drive-through restaurants.doc Staff Report Case No. ZOA 17-028 Drive-through restaurants Page 3of3 March 21 , 2017 CUP: Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Refer to attached Figure 25.10-2. Commercial and industrial zoned properties along each of the listed streets will be permitted to have drive-through restaurants; however, drive-through restaurants will not be allowed in the resort developments (located just south of the 1 1/2 mile boundary), nor will they be permitted in the city center. Refer to attached exhibit highlighting the location of the commercial and industrial developments that will permit drive-through restaurants (subject to a CUP) as a result of the ZOA. Staff believes the proposed language is consistent with the General Plan language. The proposed ZOA keeps drive-through restaurants out of the city center and the land use is only applied to areas that are clearly vehicle-oriented. The development at the former Casey's Restaurant site is within the one and a half (11/2) mile boundary and a drive-through restaurant will be permitted at this site, subject to a CUP, if the proposed ZOA is approved. This land use at this location is consistent with land uses allowed on the east side of Washington Street (Bermuda Dunes). Development Standards Additionally, staff has included language in the proposed ZOA to address screening of drive-through windows and automobile queues from adjacent public streets. This language is similar to the language that is already included in Section 25.28.070C "Freeway Commercial Overlay District" for development standards related to drive-through restaurants. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. The Director of Community Development has determined that the proposed ZOA will not have a negative impact on the environment. Individual development proposals, which will utilize the CUP process, will undergo additional environmental review as part of the CUP process prior to any development associated with the CUP. Submitted By: I 9 Heather Buck, Assistant Planner Department Head: 'A Ryan Stendell, Director of Community Development G:\Planning\Heather Buck\Case Files\ZOA\ZOA 17-28 Drive-through restaurants\2017-03-21 PC-Staff Report ZOA 17-028 drive-through restaurants.doc PLANNING COMMISSION RESOLUTION NO. 2691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC USE STANDARDS" FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE- THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE OR PLANNED INTERCHANGE) AND WITHIN ONE AND A HALF (11/2) MILES OF THE NORTHERN CITY BOUNDARY CASE NO: ZOA 17-028 WHEREAS, Lumar Devco, LLC submitted a Zoning Ordinance Amendment (ZOA) application for a proposed drive-through restaurant as part of Case No. PP 16- 303; and WHEREAS, the Palm Desert Municipal Code (PDMC) Section 25.16.040H states that "with the exception of the Freeway Commercial Overlay, drive-in and drive-through [restaurant] facilities are prohibited;" and WHEREAS, the 2016 updated General Plan incorporates Policy 2.10 "Auto- oriented uses" that directs staff to "consider uses that serve occupants of vehicles (such as drive-through windows) and discourage uses that serve the vehicle (such as car washes and service stations), in places that are clearly automobile oriented, ensuring that such uses do not disrupt pedestrian flow, are not concentrated, do not break up the building mass of the streetscape, and are compatible with the planned uses of the area;" and WHEREAS, expanding the locations in which drive-through restaurants are permitted is consistent with the General Plan policy because the land use is only applied to areas that are clearly vehicle-oriented and is not applicable to the city center; and WHEREAS, staff has prepared a ZOA to expand the locations where drive- through restaurant facilities may be permitted (through approval of a CUP) in accordance with Policy 2.10 of the updated General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21St day of March, 2017, hold a duly noticed public hearing to consider the request by Lumar Devco, LLC, for approval of the above noted ZOA; 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, and the Director of Community Development has determined that the action to adopt said ZOA will not have a negative impact on the environment. Individual development proposals that will utilize the Conditional Use Permit (CUP) PLANNING COMMISSION RESOLUTION NO. 2691 process will undergo additional environmental review as part of the CUP process prior to any development associated with the CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 17-028. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 21 st day of March 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 EXHIBIT "A" 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial communication tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna regulations). D. Adult entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office complexes that occupy a minimum of two acres. restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. F. Grocery stores. Limited to a maximum building size of 60,000 square feet in PC-3. G. Medical services, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. restaurants. Drive-through and drive-in facilities permitted by a conditional use permit as follows: 1 . Permitted locations. i. Within Freeway Commercial Overlay District ii. On arterial streets with a freeway interchange (or planned interchange) and within one and a half (11,2) miles of the northern City boundary. Generally on the following streets and as indicated in Figure 25.10- : Monterey Avenue, Portola Avenue, Cook Street. and Washington Street. 2. Development standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle storage facility. All vehicles stored at any vehicle storage facility shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1, 2013) 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential(mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial communication tower.All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D. Adult entertainment.All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E, Commercial (ancillary).Applicable only to office complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. F. Grocery stores. Limited to a maximum building size of 60,000 square feet in PC-3. G. Medical services,accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. drive-in and drive-throug-h-facr,ities are prohfb+ted-..Drive-througI,� and drive-in facilities permitted by a conditional use hermit as follows: 1. Permitted locations. j Formatted:Font:Bold 1 J i Within Freewav Commercial Overlay District Formatted:Indent:First line: 0.5" On arterial streets with a freeway Interchange (or planned Formatted:Indent:Left: 0.5",First line: 0.5" l interchange) and within one and a half(1?<? miles of the northern City boundary. Generally on the following streets and as indicated in Figure 25.10-2: Montere Avenue. Portola Avenue, Cook Street, and Washington Street. 2. pevelopment standards. '- 1.Formatted:Indent:Left: 0.5" i. Drive-through lanes and window facilities shall be designed in a '`Formatted:Font:Bold manner that they are screened and'or not visible from surrounding public streets, li. Drive-through vehicle queue must be permanently screened andrQr not visible from surrounding public streets. 1. Vehicle storage facility.All vehicles stored at any vehicle storage facility shall be completely screened. (Ord. 1302 §3, 2016; Ord. 1259§ 1, 2013) m 0 j z Z L _U C) y Uj c so 0 0 � m c Z 1S NOIO WSVM 15 N011'U.UN NARRIS'� fl' G m i C t j j g _ c w E m o � d'N �`sJ a0 B/17]SISrO w p-3 Q L M0 W (D (D. > W m F i J C v o a° c w am e w z Y � ,p2 as opvaoai3 ap pueaoa-r3 N N C LO @E LL E N 0 a E pa Y U O Pp 4— 0 W N ry :D _ li1�000 1S 15 N L.L 15 NOOO 15 MOO] 1S NOO] 000 O co 31VaOda� ��\ � r -e 3nr noaaoe o boa anrnolaod 3nv viol aoa 3nr pa P P2� pP 3nv]b/iJ > pE z + u 2 Z� 3nv F3a31NOW �b p�}a' 3nv..3a)tNOW 3nv A3a3{NOW 3nV A3a3- 42 f `rV CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 17-028 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC USE STANDARDS" FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE-THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE (OR PLANNED INTERCHANGE) AND WITHIN ONE AND A HALF (11/2) MILES OF THE NORTHERN CITY BOUNDARY The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that the proposed Zoning Ordinance Amendment will not have a negative impact on the environment. Individual development proposals, which will utilize the Conditional Use Permit (CUP) process, will undergo additional environmental review as part of the CUP process prior to any development associated with the CUP. Project Location/ Description: Protect Location: On arterial streets with a freeway interchange (or planned interchange) and within one and a half (1'/z) miles of the northern City boundary. Generally on the following streets: Monterey Avenue, Portola Avenue, Cook Street, and Washington Street. Code Amendment: Palm Desert Municipal Code Section 25.16.040H "Specific Use Standards" for Commercial and Industrial Districts is being amended to expand the permitted locations for drive-through restaurants in Palm Desert in accordance with the Palm Desert General Plan update. The proposed ordinance amendment reads as follows: 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial communication tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D. Adult entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. F. Grocery stores. Limited tD8 maximum building size [fOU.00O square feet iD PC'3. G. Medical services, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit G8follows: 1. Permitted locations. i. Within Freeway Commercial C]V6d8y District ii. On arterial streets with 8fre8Vv8V interchange (or planned interchange) and within one and 8 half (1l,i) miles Of the northern City boundary. Generally onthe fO|/OvviRg Gt[S8tS and as indicated in FigUre25.1O'2: Monterey Avenue, POrt0|8AVGOUe, Cook Street, and Washington Street. 2. Development standards. |. Drive-through lanes and window facilities shall bG designed in8manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. |. Vehicle storage facility. All VBhiC|68 GtO[Rd at any vehicle storage facility Sh@|| b8 completely screened. Recommendation: Staff is recommending that the Planning Commission adopt resolution supporting the changes to the Zoning Ordinance and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on March 21, 2O17. atO:O8pm. Comment Period: Based on the time limits defined byCEC}A. your response should bo sent ot the earliest possible date. The public comment period for this project is from March 11, 2017to K8sroh 21, 2017. 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, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Heather Buck, Assistant Planner City of Palm Oaaart 73'51O Fred Waring Drive Palm Desert, CA922OU /760\ 340'0611 hbuck@oitvofp8|md8S8rt.o[g PUBLISH: DESERT SUN RYAN STEyJDELL, S8C[8t8rV March 11, 2017 Palm Desert Planning COnOnOiSGiOO MINOR, ' r rr..iil �a� .:s� i 1 -TiTN a�iI:71_a7.i a �I s— .�� MAN rii i Ir•' ,'.21 o�= ■ . r Xt U. IL umu a ` F r'7 ism s ►i. � r.'�� �Pill y��.. N I ��iuiaS.e ♦ fill nit � s �: Lundin ANNEW -JIVE ZN11r. Development Co. April 11, 2016 Mr. Martin Alvarez Director of Economic Development Mr. Robert A. Spiegel Honorable Mayor of Palm Desert City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Martin, Thank you for taking the time recently to meet with your planning department associate, Eric, and us to discuss in greater detail the proposed commercial retail development on the southwest corner of Washington St. and Ave. of the States. In follow up to our conversation,for the highest and best use development of this site,we strongly feel that it is imperative to incorporate a drive thru component for the following reasons: First of all, a drive thru location is important in the proposed Shopping Center, as most of the surrounding retail centers in the immediate area have existing drive thru locations. For example, both the Ralphs Shopping Center and the Rite Aid Shopping Center, located across the street from the subject property, have multiple drive thru uses,such as name brand fast food,coffee, and drug stores (i.e.Jack in the Box,Just Java, KFC, Walgreens, Rite Aid, and Weinershnitzel). In order for this project to better compete with these retailers and properties, it is essential for this new development to be able to attract similar types of retail by having at least one beacon drive-thru user as an anchor for this project. Secondly, most retailers today, especially quality restaurants, are very focused on drive-thru locations. In fact, most of the National fast casual and casual dining chains (which are a step up from typical fast food operations), such as Panera Bread,Starbucks Coffee, Coffee Bean,Jamba Juice, along with chicken, sandwich, and Asian themed restaurants are all implementing drive thru locations within new (and existing) Shopping Center developments. Several National name brand restaurants are currently interested in this particular location for a drive-thru restaurant. Thirdly,the proposed site plan can work very well with a single drive-thru component. As the current drive-thru site plan allows for better circulation and parking around the proposed buildings, less customers would need to utilize the proposed parking,as many restaurant goers would opt to remain in their cars for the drive thru experience. For example, during seasonal periods of intense heat, or nighttime periods of intense cold, many customers would prefer to use a drive-thru location as opposed to venturing outside to brave the elements. Other drive thru locations in the desert are a testament to this fact.This drive thru component would also be very complimentary to the other non-drive-thru shops proposed for the Center, as this variety could provide more options for the customer.The addition of a drive-thru component would also not diminish the attractiveness or materially change the location of the building placement, as shown on the site plan originally approved by the City of Palm Desert. The fourth reason for having a drive-thru in this project, is that we have learned through the development of commercial retail Shopping Centers that drive-thru locations are often favored by retailers, as they provide an often needed retail sales increase. We have learned that this increase can be as high as a 50% increase in sales for a restaurant to have a drive-thru, as opposed to not having one. That being said, in more suburban or non-urban markets,such as Palm Desert, most retailers will insist upon a drive-thru location over a non-drive-thru location in order for a new store to be built.This increase in sales from a new retailer equals higher revenue. Higher revenue means greater sales taxes, which is instrumental for a strong community such as Palm Desert. The fifth reason to have a drive thru within this project, is that change is a good thing. In this changing retail landscape,flexibility is the name of the game. In the Ralphs Center across the street,The County of Riverside recently permitted Ralphs to open a Ralphs branded gas station,which we understand is doing very well, and has been very well received by their customers.This new gas station is undoubtedly competing with the Shell station on the Palm Desert side of the street. We understand that there are also multiple other retail drive-thru opportunities in the works on the east side of Washington St. Because of this, it would seem imperative for the City of Palm Desert to not only seize the opportunity to adapt to the changing retail requirements and to support the integration of a drive-thru component into a proposed Shopping Center,such as this one, but to also prevent losing existing and future restaurants to other properties that may offer the enhanced drive-thru opportunities. Finally,focusing on Palm Desert, we know that new drive-thru locations have opened in the City of Palm Desert, such as the new Panera Bread on Monterey Ave. near the 1-10 Freeway. From speaking with Panera Bread,we understand that this location is doing very well, and in particular, due to the drive thru component, as this is the first drive-thru Panera Bread in the Coachella Valley.We also recognize that in other parts of Palm Desert, proposed new drive-thru locations are also being considered by other national retailers.We strongly believe that a drive-thru restaurant within this proposed new development, located along busy Washington St., is essential to make this project an even stronger one. We would like to thank the City of Palm Desert for consideration of a drive-thru component, as a part of the new Palm Village Shopping Center. Please contact me with any comments or questions. Sincerely, Michael Lundin Lundin Development Canaan Pacific (562)307-7272 €-nichael@canaanpacific.com cc: Mr. Herb Lundin-Lundin Development Mr.J. Scott Fawcett- Marinita Development CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL FOR AN ORDINANCE AMENDMENT TO AMEND SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND SECTION 25.99.020 "DEFINITIONS" OF THE ZONING ORDINANCE TO COMPLY WITH RECENTLY ENACTED STATE LEGISLATION RELATED TO ACCESSORY DWELLING UNITS SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 17-018 DATE: March 21, 2017 CONTENTS: 1. Draft Planning Commission Resolution No. 2692 2. Exhibit A— Section 25.34.030 "Accessory Dwelling Units" (Clean) 3. Exhibit B —Section 25.34.030 "Accessory Dwelling Units" (Redline) 4. Desert Sun Legal Notice Recommendation Waive further reading and adopt Planning Commission Resolution No. 2692, recommending that the City Council adopt Zoning Ordinance Amendment 17- 018 to amend Section 25.34.030 "Accessory Dwelling Units" and Section 25.99.020 "Definitions" of the Zoning Ordinance to comply with recently enacted state legislation related to accessory dwelling units. Background The City's Zoning Ordinance currently contains provisions for the development of subordinate residential units on single-family residential properties. Section 25.34.030 "Secondary Dwelling Units" permits residential properties the ability to develop these structures subject to design criteria and the development standards of the base zoning district. Due to recently enacted state legislation, the City of Palm Desert must amend its Zoning Ordinance to comply with new language and standards imposed by the State of California. Staff Report ZOA 17-018: Accessory Dwelling Units Page 2 of 3 March 1, 2017 Project Description The City's Zoning Ordinance contains language permitting "secondary dwelling units" on residential properties, subject to certain standards. Secondary dwelling units are subordinate residential units on single-family lots that allow for affordable, rentable, and functional living facilities separate from the primary home. The current ordinance permits these units on all single-family residential lots subject to design criteria and the development standards for that zone. The State Legislature passed, and the Governor signed into law, two bills (AB 2299 & SIB 1069) that standardize language and the review process for secondary dwelling unit. Citing concerns of a statewide housing crisis, the new bills aim to make the development of secondary dwelling units more obtainable throughout the State by removing discretionary approval and certain parking requirements imposed by cities. In addition, the new bills standardize language for these subordinate structures by renaming them "Accessory Dwelling Units." Section 25.34.030 Accessory Dwelling Units Palm Desert Municipal Code Section 25.34.030 "Secondary Dwelling Units"will be re-titled "Accessory Dwelling Units"to comply with the new state law. In addition, the entire Section has been modified and updated to reflect the new state law, including increasing the maximum building size for these units, and providing criteria for reduced parking standards. Most of the new language inserted into the City's Ordinance is provided by the state and is consistent with the new laws. Section 25.99.020 — Land Use Definitions Updated land use definitions for "Accessory Dwelling Units" and "Living Area" are provided to be consistent with new legislation. In addition, the existing definitions for "Dwelling, second unit' has been removed. Analysis The City has an existing ordinance to address accessory dwelling units. Section 25.34.030 "Secondary Dwelling Units" provides guidance to permit these subordinate structures on residential properties. However, with the enactment of AB 2299 and SIB 1069, language and development standards have been set by the State. As such, the current Municipal Code Section will be re-titled "Accessory Dwelling Units"and the development standards listed in this section have been updated to address the maximum dwelling unit size and parking. Maximum Dwelling Size The existing ordinance currently allows accessory dwelling units up to 35 percent (35%) of the floor area of the main unit. This has been increased to 50 percent (50%) under AB 2299 and the City's ordinance has been updated to comply with the state law. Although this increases the maximum size of these units, Planning staff does not foresee major changes Staff Report ZOA 17-018: Accessory Dwelling Units Page 3 of 3 March 1, 2017 to the residential character of Palm Desert neighborhoods, mainly, because the development standards for the unit will comply with the existing zoning district. Parking The existing ordinance requires additional parking be provided for new accessory structures. Currently, the City requires one (1) additional covered parking space per unit and additional parking spaces for units with more than one (1) bedroom. The new state law permits the City to maintain this standard, but eliminates required off-street parking under the following circumstances: 1. The unit is within one-half(1/2) mile of public transit. 2. The unit is located within an architecturally and historically significant district. 3. The unit is incorporated into the existing primary structure. 4. When parking permits are required, but not offered to accessory structures. 5. When the unit is located within one (1) block of a car share vehicle. Based on this language only criteria 1, 3, and 5, would apply to the City as it currently exists as we do not acknowledge any historical districts or provide parking permits. Under the other 3 criteria off-street parking requirements would be waived for units proposed with '/2 mile of a SunLine Transit stop, if the accessory unit is incorporated into the main housing structure, or if the unit is within one (1) block of a car share. Currently, Planning Staff reviews these units over the counter for architectural compatibility with the main unit and reviews the development standards of the zoning district. This process would remain substantially unchanged; however, Planning Staff will now review parking standards more thoroughly for the above-mentioned criteria. Environmental Review Pursuant to Public Resources Code section 21080.17, the adoption of a Zoning Ordinance Amendment to implement the States new accessory dwelling unit provisions is exempt from the California Environmental Quality Act (CEQA). Similarly, the ministerial approval of accessory dwelling units is not a "project" for purposes of CEQA, and environmental review is not required prior to approving individual proposals. Submitted By: w Eric Ceja, Princi al lanner Department Head: Ryan Stendell, Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2692 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO AMEND SECTION 25.34.030 "ACCESSORY DWELLING UNITS" AND SECTION 25.99.020 "DEFINITIONS" OF THE ZONING ORDINANCE TO COMPLY WITH NEW STATE LEGISLATION CASE NO: ZOA 17-018 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 St day of March 2017, 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, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council.- SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to provide by ordinance for the creation of second units. C. To address California's shortage of housing supply, the California Legislature approved, and the Governor signed into law, Assembly Bill 2299 (Bloom, Chapter 735, Stats. 2016), Senate Bill 1069 (Wieckowski, Chapter 720, Stats. 2016) and Assembly Bill2406 (Thurmond, Chapter 755, Stats. 2016). D. Assembly Bill 2299 and Senate Bill 1069 are double jointing bills, which among other things, amend California Government Code Section 65852.2. These statutes impose new limitations on local authority to regulate second units, which are now referred to as "accessory dwelling units" ("ADU"). E. Assembly Bill 2299 became effective on January 1, 2017 and renders all non- compliant local ordinances null and void on that date unless and until an agency adopts an ordinance that complies with Government Code Section 65852.2. F. The City desires to amend a local regulatory scheme for the construction of accessory dwelling units that fully complies with Assembly Bill 2299. SECTION 2. Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Municipal Code amendment to Section 25.34.030 as shown in Exhibit "A" which is attached hereto and incorporated herewith. PLANNING COMMISSION RESOLUTION NO. 2692 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act ':,Finding. The Planning Commission of the City of Palm Desert finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environment4 duality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code be ss se a ­a ordinance regarding second units in a single-family or multifamily residential zeie to implrnent the provisions of Government Code Section 65852.2. { PASSED, APPROVED, AND ADOPTED b�"'the Planning Commis sto' ,of the City of Palm Desert, California, at its regular meeting=he�ld on the day of Mareht 2017 by the following vote, to wit: AYES: 4 NOES: ABSENT: x ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERTPLANNING{COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A 25.34.030 Accessory Dwelling Units A. Purpose and Intent. The purpose of this chapter is to provide a mechanism to expand housing opportunities in the City by allowing accessory residential units under certain conditions in areas normally restricted to single-family and multi-family units and to preserve the character of surrounding neighborhoods. Regulations and permit requirements herein are intended to comply with the requirements of state law. B. Certificate of use and occupancy required. An accessory dwelling unit (Accessory unit) shall be permitted within those residential zoning district identified in Table 25.10-1 : "Use Matrix for Residential Districts" of the Zoning Ordinance and in compliance with the requirements of this section and other applicable provisions of this title. C. Requirements. Applications for an accessory unit must meet the following requirements: 1. The parcel must contain an existing and permitted primary residential unit. 2. The accessory unit shall provide complete and independent living facilities separate from the primary unit. 3. The accessory unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact vehicular traffic flow. Accessory units may, but are not required to, be metered separately from the primary unit. 4. The accessory unit may be detached, attached, or incorporated within the living area of the existing primary unit. 5. The living area of a detached or attached accessory unit shall not exceed 50 percent of the floor area of the permitted and constructed primary unit but in no event be less than 400 square feet or exceed 1,200 square feet in area. 6. The unit shall only be for rental purposes or personal use of the property owner. 7. The accessory unit may not be sold separately from the primary unit. 8. Any new construction associated with the accessory unit shall comply with all setbacks, parking requirements, building coverage, height, landscape, and design standards contained within the base zoning district and shall not alter the general appearance of the primary unit as a single-family residence. 9. The accessory unit and all related improvements including a garage or carport shall architecturally match and/or be compatible with the design of the primary unit. 10.The accessory unit shall be provided with one off-street parking space per bedroom within a garage or carport, up to a maximum of two spaces. Off-street parking requirements may be eliminated or modified under the following circumstances: a. No off-street parking is required for accessory units located within one-half (1/2) mile of public transit. PLANNING COMMISSION RESOLUTION NO. b. The accessory unit is located within an architecturally and historically significant historic district. c. No additional off-street parking is required when the accessory unit is part of the existing primary unit. d. When off-street parking permits are required but not offered to the occupant of the accessory unit. e. No off-street parking is required when a car share vehicle is located within one block of the accessory unit. D. The primary unit shall be owner-occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the accessory dwelling unit is rented. In no instance may both units be rented. A covenant memorializing this requirement shall be recorded against the property prior to issuance of the certificate of occupancy for the accessory dwelling unit. E. Density limits don't apply. An accessory unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the General Plan and Zoning and Land Use Ordinance designation for the lot. 25.99.020 Land Use Definitions 1. Add the following definitions to the Municipal Code: Living Area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Accessory dwelling unit. A dwelling unit, attached or detached, that provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit is not counted as part of the maximum allowable density for any zoning district. Dwelling, second unit. Remove. PLANNING COMMISSION RESOLUTION NO. EXHIBIT B 25.34.030 Accessory Dwelling Units A. Purpose and Intent. The purpose of this chapter is to provide a mechanism to help expand housing opportunities by allowing seeerdary accessory residential units under certain circumstances in areas normally restricted to a single-family unit while preserving the existing character of surrounding single-family neighborhoods. Regulations and permit requirements herein are intended to comply with the requirements of state law. B. Certificate of use and occupancy required. An seEendary accessory dwelling unit (Accessory Unit) shall be permitted within those residential zoning districts zones identified in Table 25.10-1: "Use Matrix for Residential Districts" of the Zoning Ordinance and in compliance with the requirements of this section and other applicable provisions of this title. C. Requirements. Applications for a seeend accessory unit must meet the following requirements: 1. The parcel must contain an existing and permitted primary residential unit. 2. The seeend accessory unit shall provide complete and idependent living facilities separate from the primary unit. may he ettaGhed and ineornereter! within the living area existing dwelling, separate, or may he detached 3. The seeend accessory unit shall have adequate sewer and water services as determined by the Coachella Valley Water District and shall not adversely impact traffic flow. Accessory units are not required to be metered separately from the primary unit. 4. The accessory unit may be detached, attached, or incorporated within the living area of the existing primary unit. 5. The floor living area of a detached or attached second unit shall not exceed 35 50 percent of the floor area of the originally permitted and constructed primary unit but in no event be less than 400 square feet or exceed 1,200 square feet. 6. The unit shall only be for rental purposes or personal use of the property owner. 7. The second accessory unit may not be sold separately from the primary unit. 8. Any new construction associated with the seed accessory unit shall comply with all setbacks, parking requirements, building coverage, height, landscape, and design standards contained within the base zene zoning district and shall not alter the general appearance of the primary unit dwelling as a single-family residence. 9. The design of the senenrl accessory unit and r1', a-ny related improvements such as-an-including a additional garage or carport shall architecturally match and/or be compatible with the design of the primary unit. existing Si glefamily home so as to preserve theGharaGteofte sarreundinn single family residerltiai PLANNING COMMISSION RESOLUTION NO. provided two parking spaGes are required within a Garport or garage.; the other required narking spaces may be unGOvered 1!.The SeGend URit shall have independeRt heating and air GORditiening system-s and shalla spate utility s ih_m The hot rein+ system shall be �E lud�., � rr —�uv-rrreteFS. The adequately steed to reef the needs of the seGend unit. 12.The accessory unit shall be provided with one off-street parking space per bedroom within a garage or carport, up to a maximum of two spaces. Off-street parking requirements may be eliminated or modified under the following circumstances: a. No off-street parking is required for accessory units located within one-half (1/2) mile of public transit. b. The accessory unit is located within an architecturally and historically significant historic district. c. No additional off-street parking is required when the accessory unit is part of the existing primary unit. d. When off-street parking permits are required but not offered to the occupant of the accessory unit. e. No off-street parking is required when a car share vehicle is located within one block of the accessory unit. D. The primary unit shall be owner-occupied. If the property owner is unable to occupy the primary unit, it shall remain unoccupied during periods in which the secend accessory unit is rented. In no instance may both units be rented. A covenant memorializing this requirement shall be recorded against the property prior to issuance of the certificate of occupancy for the second accessory unit. E. Density limits don't apply. Ai i seEend accessory residential unit which conforms to these requirements shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use consistent with the existing General Plan and zoning ordinance designation for the lot. 25.99.020 Land Use Definitions 1. Add the following definitions to the Municipal Code: Living Area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Accessory dwelling unit. A dwelling unit, attached or detached, that provides complete independent living facilities for one or more persons on a parcel zoned for residential uses. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit is not counted as part of the maximum allowable density for any zoning district. Dwelling, second unit. Remove. CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 17-018 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.34.030 "SECOND DWELLING UNITS" AND MODIFY SECTION 25.99.020 "LAND USE DEFINITIONS" TO MAKE THE CITY'S ORDINANCES CONSISTENT WITH NEW STATE REGULATIONS FOR ACCESSORY DWELLING UNITS The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is exempt under Class 3 — Section 15303 "New construction or Conversion of Small Structures" and that the action to amend the existing ordinance to comply with new state provisions will not have a negative impact on the environment. Project Location: Protect Location: City-wide Code Amendment Description: Palm Desert Municipal Code Section 25.34.030 "Second Dwelling Units" and Section 25.99.020 "Land Use Definitions" are being amended to comply with recently enacted State Legislation. In 2016, Governor Brown signed State Senate Bill 1069 and Assembly Bill 2229, amending the State Planning and Zoning Laws to streamline the approval process for accessory dwelling units (ADU). The proposed ordinance amendments are modified to comply with the updated state statutes and guidelines codified in Section 65852.2 of the Government Code. Palm Desert Municipal Code Section 25.34.030 "Second Dwelling Units" will be renamed "Accessory Dwelling Units" and replaced in its entirety to comply with amended Government Code Section 65852.1 and 65852.2. Pam Desert Municipal Code Section 25.99.020 "Land Use Definitions" will be amended so that the City's Land Use Definitions are consistent with definitions provided in Government Code Section 65852.1 and 65852.2. 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 March 23, 2017, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from March 11, 2017 to March 21, 2017. 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, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary MARCH 11, 2017 Palm Desert Planning Commission 2