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HomeMy WebLinkAbout2019-03-05 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR PALM DESERT PLANNING COMMISSION MEETING AGENDA TUESDAY, MARCH 5, 2019 — 6:00 P.M. CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER 11. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF CITY 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., 73-510 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 PLANNING COMMISSION MEETING MARCH 5, 2019 A. MINUTES of the Regular Planning Commission meeting of February 19, 2019. Rec: Approve as presented. Action: VII. CONSENT ITEMS HELD OVER 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 minutes unless additional time is authorized bV the Planning Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit All; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant). Rec: By Minute Motion, continue Case No. CUP 17-111 to March 19, 2019. Action: B. REQUEST FOR CONSIDERATION of a Conditional Use Permit application to expand an existing 11,089-square-foot place of worship by 3,630 square feet within an existing office and industrial building located at 75-400 Gerald Ford Drive, Suite 104-114; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 19-0001 (The Rock Church, Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2753. Action: 2 AGENDA REGULAR PLANNING COMMISSION MEETING MARCH 5, 2019 C. REQUEST FOR CONSIDERATION of an appeal by Dr. Jeff Suderman of a decision by the Zoning Administrator to approve an Administrative Use Permit to allow construction of a horse shelter for the recreational stabling for up to three (3) horses on a residential estate property located at 77-630 Delaware Place; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. AUP 19-0001 (Marc and Jenny Gerhardt, Thousand Palms, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2754. Action: D. REQUEST FOR CONSIDERATION to recommend approval of a Zoning Ordinance Amendment to the City Council amending the El Paseo Overlay District and the Downtown District to allow professional office type uses on the ground floor fronting El Paseo; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. ZOA 19-0002 (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2755. Action: E. REQUEST FOR CONSIDERATION to recommend approval of a Zoning Ordinance Amendment to the City Council amending the City's Zoning Map to expand the Downtown Core Overlay District to select parcels located along El Paseo and Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. ZOA 19-0001 (City of Palm Desert, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2756. Action: XI. MISCELLANEOUS None XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION 3 AGENDA REGULAR PLANNING COMMISSION MEETING MARCH 5, 2019 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 1 st day of March 2019. Monica O'Reilly, Recording retary 4 CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, FEBRUARY 19, 2019 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ron Gregory called the meeting to order at 6:02 p.m. II. ROLL CALL Present: li>I'lli �i�lill! Irv, Commissioner John Greenwood Commissioner Nancy DeLuna � Vice-Chair Lindsay Holt i01��u( �II'' Chair Ron Gregory Absent: Commissioner Joseph Pradetto I , Staff Present: i,+� Jill Tremblay, Assistant City Attorney Ryan Stendell, Director of Community Development Eric Ceja, Principal Planner Nick Melloni, Assistant Planner Monica O'Reilly, Management Specialist II III. PLEDGE OF ALLEGIANCE Vice-Chair Lindsay Holt led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Director of Community Development Ryan Stendell reported that the City Council reappointed Commissioners Greenwood and Pradetto to the Planning Commission. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Regular Planning Commission meeting of February 5, 2019. Rec: Approve as presented. Upon a motion by Commissioner Greenwood, second by Commissioner DeLuna, and a 3-0-1 vote of the Planning Commission (AYES: DeLuna, Greenwood, and Gregory; NOES: None; ABSENT: Pradetto; ABSTAINED: Holt), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS ICI ! None IX. CONTINUED BUSINESS None X. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow Auto Desert to expand its car dealership outdoors and display up to 10 automobiles within its shared parking lot for sale purposes located at 74-990 Joni Drive, Unit A1, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-111 (Auto Desert, Palm Desert, California, Applicant). Mr. Stendell conveyed there are details to be solved and recommended that the Planning Commission continue this item to the meeting of March 5, 2019. Commissioner DeLuna moved to, by Minute Motion, continue this item to March 5, 2019. The motion was seconded by Commissioner Greenwood and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Holt; NOES: None; ABSENT: Pradetto). B. REQUEST FOR CONSIDERATION of a Precise Plan and Conditional Use Permit application to construct two single-story industrial buildings, totaling 26,666 square feet with up to 4,000 square feet of ancillary retail and 2,666 square feet of ancillary restaurant uses on a vacant 2.24-acre parcel at the southwest corner of Sego Lane and Green Way; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case Nos. PP 18-0007/CUP 19-0003 (Jim Krick, Fort Worth, Texas, Applicant). 2 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 Assistant Planner Nick Melloni presented the staff report (staff report(s) are available at www.cityof palm desert.orq). He noted that staff imposed a condition that specifies the type of retail permitted and deemed appropriate by City staff. He concluded the report and recommended approval. Commissioner Nancy DeLuna asked if the conditions are acceptable to the applicant. Mr. Melloni replied yes. Vice-Chair Holt inquired if the condition staff imposed concerning the type of retail uses is in the resolution. Mr. Melloni indicated it is Condition of Approval No. 16. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. MATT JOHNSON, Representative for the Applicant, Palm Desert, California, shared that the project is the last the City would see from Mr. Robert H. Ricciardi. Mr. Ricciardi passed away a couple of weeks ago. He offered to answer any questions. Commissioner DeLuna asked what would be the intended retail uses for the proposed project. ��IiV�41q dllil�i MR. JOHNSON responded that the area is mostly service industrial. There would be electricians, plumbers, carpenters, etc. On the frontage street, there would be interior designers, carpet showrooms, cabinetry showrooms, etc. Commissioner DeLuna inquired if there would be food service uses. MR. JOHNSON said they have 2,600 square feet of allowable space for food service. They hope to have a sandwich shop or something similar that would fit into the service industrial area. Chair Gregory referred to the drawing that showed parked cars and the screened wall. He voiced his concern with the cars not adequately screened from Cook Street. He pointed out that some of the existing developments have cars that look rather precarious parked above the street. He wanted to make sure cars are screened sufficiently. MR. JOHNSON responded that some of the existing buildings have a six-inch curb, which makes it look like a car is about to go down a hill. He indicated that the purpose of the proposed wall is for visual screening. He said they balanced the amount of screening with a two- to a three-foot decorative wall, pilasters, and landscaping. Chair Gregory asked if the landscaping would go in between the wall and the parked car. MR. JOHNSON replied no. He explained the landscaping would be planted along Cook Street. 3 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 Commissioner John Greenwood pointed to the area where the retaining wall is down three feet and asked if that portion is not screened for parked cars. Mr. Melloni noted that the rendering is incomplete. He believed the area would be filled with wrought iron material. MR. JOHNSON added that landscaping would be planted within the wrought iron section. Chair Gregory stated that the City has an ordinance requiring three feet of screening for parked cars. He asked if the final landscape drawing would indicate plant material tall enough to provide three feet of screening. MR. JOHNSON believed they would need to comply with the City's ordinance. Commissioner Greenwood referred to Building 1 and inquired if there is any concern with visibility from Cook Street, such as open garage doors. Mr. Melloni replied no; the building is set far back. He mentioned that the tenant to the south is a storage facility. With no further testimony offered, Chair Gregory declared the public hearing closed. Since a restaurant would be an allowable use, Vice-Chair Holt inquired if there should be conditions to address anything in particular involved with the operation of a restaurant. Mr. Melloni responded that staff did not have any concerns with a restaurant since the operation of a restaurant would be contained within the suite. However, if the applicant were to propose outdoor dining, the request would have to go before the Planning Commission for consideration. Vice-Chair Holt asked if it is correct that it would not come back to the Planning Commission unless there was a change to the use or there is a request outside of the ordinance. Mr. Melloni replied that is correct. Commissioner DeLuna commented that the Planning Commission considered another site that included odor mitigations if there is food service. She asked if there are any issues for the proposed project depending on the type of food service. Mr. Melloni answered no, explaining that the site is located in a service industrial area and there is a less of an impact to any sensitive receptors. Vice-Chair Holt inquired if the conditions of approval adequately cover what is being proposed for the retaining wall. Mr. Melloni responded that the wall would need to be reviewed by staff for compliance. 4 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 Commissioner Greenwood moved to waive further reading and adopt Planning Commission Resolution No. 2751, approving Case Nos. PP 18-0007/CUP 19-0003, subject to the conditions of approval. The motion was seconded by Commissioner DeLuna and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Holt; NOES: None; ABSENT: Pradetto). C. REQUEST FOR CONSIDERATION of a Conditional Use Permit application to increase the number of residents in an existing residential care facility for the elderly to 10 residents within an existing 4,477-square-foot single-family residence at 44-645 San Onofre Avenue, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 18-0008 (Yolanda Alkawass, Apple Valley, California, Applicant). Mr. Melloni outlined the salient points from the staff report. He noted that staff did not receive comments in favor or in opposition to this matter. Staff recommended approval and offered to answer any questions. "44�ll" Commissioner DeLuna inquired if the site is a memory care facility. Nil Mr. Melloni replied no. He said it is a residential care facility for elderly patients that need daily personal care assistance or supervision. It is a non-medical facility. Chair Gregory declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. OSCAR LICEA, Representative for the Applicant, Spring, Texas, offered to answer any questions. Vice-Chair Holt commented that the applicant noted they would hire additional employees as necessary. She inquired if there is a maximum number of employees that would be hired, with the addition of four residents. MR. LICEA responded that it depends on a case-by-case basis. He said the State of California does not require a number of employees per the number of residents. However, they are required to have adequate assistance for the residents. He shared that normally during the day they have two to three employees and one employee for the night shift. With the increase in the number of residents, the applicant intends to hire another employee for daytime and nighttime shifts. Vice-Chair Holt asked if there would ever be more than five employees working at one time during the day. MR. LICEA replied no. Vice-Chair Holt asked what is the maximum number of vehicles that what be on the site. MR. LICEA responded that the site accommodates three to four vehicles. He mentioned there are family members that visit daily and others visit once a year. He stated that they have not had any issues with parking. 5 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 Chair Gregory commented that the center planter in the circular driveway looks like it has gone to seed. He said an effort should be made to make the property look good and suggested the planter be fixed. MR. LICEA replied that they would take care of the planter. Commissioner Greenwood asked if any of the residents have their own vehicles. MR. LICEA replied no. He communicated that most of the residents need assisted living and do not have a driver's license. Vice-Chair Holt inquired if the applicant provided the "Frequently Asked Questions" document. q''Ij,II',h;i ; , ' �ii� iiII�IIIi���lN MR. LICEA es.replied p Y Vice-Chair Holt thanked the applicant for providing the document. She found the information very interesting. Commissioner DeLuna asked if the applicant has a vehicle parked on-site all the time to transport residents. MR. LICEA replied no, and said they use their own vehicles. MR. PAUL MURPHY, Palm Desert, California, commented that he has a friend that lives in the facility, which is a godsend. He shared the facility does a wonderful job and takes great care of the residents that cannot take care of themselves. He strongly suggested that the Planning Commission approves the request. MR. LICEA thanked the Planning Commission for their time and consideration. With no further testimony offered, Chair Gregory declared the public hearing closed. Commissioner DeLuna felt that the request would not adversely affect the neighborhood. There is a need for their service and they are able to serve four more residents. Commissioner DeLuna moved to waive further reading and adopt Planning Commission Resolution No. 2752, approving Case No. CUP 18-0008, subject to the conditions of approval. The motion was seconded by Commissioner Greenwood and carried by a 4-0 vote (AYES: DeLuna, Greenwood, Gregory, and Holt; NOES: None; ABSENT: Pradetto). XI. MISCELLANEOUS None 6 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 XII. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Vice-Chair Holt reported that Desert X is taking place and there is a Desert X Hub located on El Paseo. The 2019 Palm Desert Art Document Film Series began in January. Films are shown at UCR Palm Desert. The Art in Public Places Commission (AIPP) reviewed the Request for Proposals for the Palm Desert Community Gallery. The Commission discussed hiring new docents for the art program. She announced Swing `N Hops event would be held on Saturday, February 23 and the Coachella Valley Wildflower Festival is Saturday, March 2. B. PARKS & RECREATION li w None �� XI I I. COMMENTS Commissioner DeLuna was pleased that the two applicants this evening chose to do business in Palm Desert. She hoped staff would relay the message to the applicants. In the past, Commissioner Greenwood commented that the City would send a Planning Commissioner(s) to the League of California Cities Planning Commissioners Academy (Academy). He said there was a discussion of sending a couple of Commissioners to the League of California Cities Annual Conference in lieu of the Academy. Mr. Stendell communicated that it is his perception the Academy is good for new Commissioners. Therefore, he requested funding in the Community Development preliminary budget (Fiscal Year 2019/2020) to send one or two Commissioners to the League of California Cities Annual Conference. The conference is scheduled for October 16-18 at Long Beach, California. If the budget is approved, staff will schedule one or two Commissioners to attend the conference. Commissioner Greenwood asked for an update on his request of having lighted turf areas at Civic Center Park. Mr. Stendell responded that there is a White Paper request moving through the budget process. It is most likely the lighted turf area at Civic Center Park would show up in the budget cycle for the upcoming fiscal year. 7 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2019 XIV. ADJOURNMENT With the Planning Commission concurrence, Chair Gregory adjourned the meeting at 6:37 p.m. RON GREGORY, CHAIR ATTEST: ifill 1 i� RYAN STENDELL, SECRETARY MONICA O'REILLY, RECORDING SECRETARY �I� pill, I In, '�hjillil! ` I ,I a, ql,f���j,��, h� 8 PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: March 5, 2019 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration of a Conditional Use Permit application to expand an existing 11,089-square-foot place of worship by 3,630 square feet within an existing office and industrial building located at 75-400 Gerald Ford Drive, Suite 104-114; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Planning Commission Resolution No. 2753, approving Conditional Use Permit 19-0001, subject to the conditions of approval; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Executive Summary Approval of staff's recommendation will allow The Rock Church (Applicant) to expand its existing 11,089-square-foot place of worship by 3,630 square feet. The facility is located in an existing multi-tenant office and industrial building and will expand into existing suites; no building additions are proposed. The site is fully improved and features adequate parking to support the use as well as existing neighboring business. The facility will generally operate Sunday through Friday between 9:00 a.m. and 5:00 p.m. Planning staff has determined the proposed church complies with the intent and objectives of all applicable zoning requirements and is compatible with surrounding land uses. Background A. Property Description The project site is an existing 41,540-square-foot office/industrial building located within the University Commerce Center on the north side of Gerald Ford Drive. The Planning Commission approved the center in 2001 under Resolution 2101. The center features four buildings totaling 132,292 square feet and 455 parking spaces. The Rock Church was approved in 2006 with Planning Commission Resolution No. 2417 to operate a 5,748- square-foot place of worship in Suites 109-112 of the existing site. Since its original approval, The Rock Church has expanded into four adjacent building suites. March 5, 2019 — Planning Commission Staff Report Case No. CUP 19-0001 —The Rock Church Expansion Page 2 of 4 B. Zoning and General Plan Designation Zone: Service Industrial (S-1) General Plan: Employment C. Adjacent Zoning and Land Use North: City Limit/Interstate 10 Freeway/Union Pacific Railroad South: Public Institution (P)/University of California Riverside — Palm Desert East: SI/Office and industrial park West: SINacant Project Description The Rock Church is requesting a Conditional Use Permit (CUP) to increase the square footage of an existing place of worship. The facility currently occupies 11,089 square feet of the existing building. Of the existing floor area, 4,011 square feet is utilized as an assembly area and the remaining floor area is used for office, restroom, childcare, and miscellaneous utility uses. This CUP will add 3,630 square feet to the facility. The added space will be used for office space and a youth meeting area. The project does not propose additions to the existing building. The table below outlines the typical schedule of the facility's activities. In general, the facility operates Sunday through Friday between 9:00 a.m. and 5:00 p.m. Peak attendance will occur during mass on Sunday mornings and afternoons and Wednesday evenings. The facility has a membership of 500 and is projected to increase to 700 within five years. Days Hours Frequency Use Estimated Attendance 9:00 a.m.-1:00 p.m. Weekly Church 300-500 Sunday 6:00 p.m.-8:30 p.m. Monthly Team Night 100-150 Monday 7:00 p.m.-8:30 p.m. Monthly Men's Meeting 30 Tuesday 9:00 a.m.-5:00 p.m. Weekly Office 5 9:00 a.m.-5:00 p.m. Weekly Office 5 Wednesday 7:00-9:00 p.m. Weekly Church 150-200 Thursday 9:00 a.m.-5:00 p.m. Weekly Office 5 Friday 9:00 a.m.-5:00 p.m. Weekly Office 5 Closed - - - Saturday Saturday Monthly (Special 30 Events Analysis Table 25.16-1: "Use Matrix for Commercial and Industrial Districts" of the Palm Desert Municipal Code (PDMC) lists permitted, conditionally permitted, and prohibited land uses March 5, 2019 — Planning Commission Staff Report Case No. CUP 19-0001 — The Rock Church Expansion Page 3 of 4 for the SI zoning district. Religious institutions may be approved by the Planning Commission with a CUP in accordance with Section 25.72.050 of the PDMC. A. Land Use Compatibility The facility has been in operation since 2006 within the existing park. Although the use is not industrially oriented, it has coexisted with neighboring office and industrial uses and there are no code compliance cases against the facility. There are examples of other places of worship approved in the industrial and office areas adjacent Dinah Shore Drive and Gerald Ford Drive, the most recent being Church212° at 36-927 Cook Street. B. Site Plan The project is located within an existing building. No exterior alterations are proposed to the project site. C. Parking The Zoning Ordinance requires parking for assembly uses at a rate of one space per three fixed seats within the main auditorium, or one space per 35 square feet seating area within an auditorium where no fixed seating is provided. With the 4,011-square- foot open auditorium, this use will require 115 spaces. The center was approved with 455 total parking spaces, a parking ratio of 3.42 spaces per 1 ,000 square feet of building area. Other uses in the center are a mix of professional office, light industrial and distribution businesses, which generally close between 5:00 p.m. to 6:00 p.m. on weekdays. These businesses are typically closed on weekends. Peak attendance for the church will occur during late evening hours and on weekends. Because the hours of operation are staggered, staff does not anticipate the church expansion will generate parking issues with neighboring businesses. The proposed project is in conformance with the City's Zoning Ordinance and the goals and objectives of the General Plan. Staff recommends approval subject to the conditions of approval contained in the attached draft Planning Commission Resolution. Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15301 — Existing Facilities (Class 1) of the CEQA Guidelines. The proposed project will involve a negligible expansion of an existing use with no physical expansion of the existing building; the project site has been previously developed and has no value as habitat for endangered, rare or threatened species; the proposed project does not have a reasonable possibility for significant cumulative impacts upon the environment; and the site can adequately be served by all March 5, 2019 — Planning Commission Staff Report Case No. CUP 19-0001 —The Rock Church Expansion Page 4 of 4 required utilities and public services. Therefore, based on the above findings, staff is recommending that the Planning Commission adopt a Categorical Exemption for the proposed project. Findings of Approval Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A N/A N/A Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development APPLICANT: The Rock Church 75-400 Gerald Ford Drive, Suite #100 Palm Desert, California 92211 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2753 2. Legal Notice 3. Notice of Exemption 4. Exhibits PLANNING COMMISSION RESOLUTION NO. 2753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING 11,089-SQUARE-FOOT PLACE OF WORSHIP BY 3,630 SQUARE FEET WITHIN AN EXISTING OFFICE AND INDUSTRIAL BUILDING LOCATED AT 75-400 GERALD FORD DRIVE, SUITE 104-114; AND ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: CUP 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51 day of March 2019, hold a duly noticed public hearing to consider the request by The Rock Church for approval of the above-noted; and WHEREAS, the parcel is located in the Service Industrial (SI) zoning district, which allows "Religious Institutions" as a permitted use subject to the approval of a Conditional Use Permit (CUP); and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19t" day of September 2006, approve Resolution No. 2417 for the operation of a 5,748-square-foot place of worship at 75-400 Gerald Ford Drive, Suite 109-112; and '�GII��IIIIi�, 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, in that the Director of Community Development has determined that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15301 — Existing Facilities (Class 1) of the CEQA Guidelines; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the approval of said request: FINDINGS OF APPROVAL: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. Places of worship are permitted subject to a Conditional Use Permit within many zoning districts within the city. The proposed location is in the Service Industrial (SI) zone. The Rock Church has operated within this business park location for 13 years and is expanding the use. Professional office and industrial businesses are the predominant uses in the existing location, and during the week the church will operate with similar office hours. The proposed location is in accordance with the objectives of PLANNING COMMISSION RESOLUTION NO. 2753 the Zoning Ordinance and the purpose of the district in which the site is located. The services conducted at the proposed site are consistent with the adjacent business hours and would have minimal impacts on parking. The Wednesday night and Sunday worship services will not impact the complex since the majority of the tenants are not open for business. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The place of worship complies with all applicable requirements of the Zoning Ordinance and all applicable building codes and will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. Water, sanitation, public utilities, and services are constructed and readily available for the building. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The project site is developed and the proposed use is consistent with the intent of the Zoning Ordinance. During the week the facility will operate with similar office hours. Peek attendance for the facility will occur on Wednesday evenings and Sunday afternoons when neighboring businesses are generally closed. The facility would not interfere with business operations and will not generate parking deficiencies. Conditions have been placed on the project to ensure that all the minimum requirements of the Palm Desert Municipal Code are met. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. ° ,uiiullllq�Ilill�Ill�i � llli�'„U ' The proposed place of worship is compatible with other surrounding uses and meets the City's goals, objectives, and policies of the general plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit 19-0001 , subject to the conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2753 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5tn day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RON GREGORY, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION �IIIIIp,�jjli iu3' 104;0llI301'ii 'I Id.'ht�I,I I�INf���I��III�11) Illuj �I(ili�;li�iljli>!IIlilllllilh��is�lllll�liih���� � �I�i Li , j �I� III,;, �I►'I 3 PLANNING COMMISSION RESOLUTION NO. 2753 CONDITIONS OF APPROVAL CASE NO. CUP 19-0001 Community Development Department: 1 . The operation of the facility shall conform substantially to approved exhibits on file with the Department of Community Development, except as modified by conditions herein. 2. The Conditional Use Permit shall expire if construction of the said project shall not 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. The project shall be developed and maintained in conformance with the approved plans and exhibits on file with the City. Any variation from the approved plans must be reviewed and approved by the Department of Community Development prior to building permit issuance and may require review and approval by the Planning Commission and/or City Council. 4. The applicant shall agree to defend, indemnify, and hold harmless the City of Palm Desert or its agents, officers, and employees from any claim, action or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. The City of Palm Desert shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Palm Desert shall cooperate fully in the defense. 5. The operation shall not encroach or obstruct parking lot circulation, access driveways, ADA paths of travel or emergency vehicle access. 6. Prior to issuance of a building permit for construction of any use or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire Department Building & Safety 7. Should parking shortages or other parking-related issues arise, the applicant shall institute appropriate operational mitigation measures. Proposed mitigation must be reviewed by the Department of Community Development. 8. The business operation shall comply with the City of Palm Desert's outdoor lighting and noise ordinances. 9. The applicant or any successor in interest shall comply with all applicable local, state and federal laws and regulations. 4 0 73-510 FRED WARINc DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6ii FAX: 760 341-7098 ZSrI info@palm-descrE.org CITY OF: PALM DESERT LEGAL NOTICE CASE NO. CUP 19-0001 NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT PLANNING COMMISSION TO CONSIDER CONDITIONAL USE PERMIT 19-0001, A REQUEST TO EXPAND AN EXISTING CHURCH WITHIN AN EXISTING OFFICE AND INDUSTRIAL BUILDING AT 75-400 GERALD FORD DRIVE; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15301: Class 1 —Existing Facilities of the CEQA Guidelines as this proposal is consistent with the City's General Plan and zoning regulations; the project is a minor expansion of an existing use with no physical expansion of the existing building; the project site has been previously developed and has no value as habitat for endangered, rare or threatened species; the proposed project does not have a reasonable possibility for significant cumulative impacts upon the environment; and the site can adequately be served by all required utilities and public services. Project Location/ Description: Project Location: 75-400 Gerald Ford Drive, Suite 104-114 Project Description: A Conditional Use Permit application (Project) has been submitted by The Rock Church (applicant) to expand an existing 11,089 square-foot church by 3,630 square-feet. The facility is located in an existing office and industrial building and will expand into existing suites. The church will generally operate Sunday through Friday between 9 am and 5 pm. No building additions are proposed. Recommendation: Staff is recommending approval of the Project, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on March 5111, 2019, at 6:00 pm in the City Council Chamber. Public Review: The plans 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, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary February 23, 2019 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 Count of: Riverside 1. Project Title: The Rock Church Expansion/CUP 19-0001 2. Project Applicant: The Rock Church 3. Project Location—Identify street address and 75-400 Gerald ford Drive,Suite 104-114 cross streets or attach a map showing project site Palm Desert,California 92211 (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 A Conditional Use Permit application(Project)has been of Project: submitted by The Rock Church(applicant)to expand an existing 11,089 square-foot church by 3,630 square-feet. The facility is located in an existing office and industrial building and will expand into existing suites.The church will generally operate Sunday through Friday between 9 am and 5 pm.No building additions are proposed. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the The Rock Church project,including any person undertaking an I activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub.Res.Code§21080(b)(1);State CEQA Guidelines§ 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res.Code§21080(b)(4);State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. Class 1 "Existing Facilities";State CEQA Guidelines State type and section number: i §15301 (e) ❑ Declared Emergency. (Pub.Res.Code§21080(b)(3);State CEQA Guidelines§ 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: General Rule—Section 15061(b)(3) 9. Reason why project was exempt: The proposed project will involve a negligible expansion of Notice of Exemption FORM`B" an existing use with no physical expansion of the existing building;the project site has been previously developed and has no value as habitat for endangered,rare or threatened species;the proposed project does not have a reasonable i possibility for significant cumulative impacts upon the environment;and the site can adequately be served by all required utilities and public services. 10. Lead Agency Contact Person: Nick Melloni,Assistant Planner Telephone: (760)346-0611 11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑ If yes,the date of the public hearing was:March 5,2019 Signature: Date: Title: ® Signed by Lead Agency ❑Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108,21152,and 21152.1,Public Resources Code. Notice of Exemption FORM "B" ROCK CHURCH STATEMENT OF USE This Statement of Use applies to the University Commerce Center located east of Cook St. on 75400 Gerald Ford Dr. in Palm Desert. The new additions of the building we will be leasing are suites 104-106 adding 3,630 SF. The planned use of additional space would be use for office space and youth meeting area. This space will be added to the 11,089 SF currently in use in suites 107-114. USE OF SPACE: DAYS: TIME OF USE: FREQUENCY: USE: EST. NUMBER OF PEOPLE: Sunday 9am-1 pm Weekly Church 300-350 6pm-8:30pm Monthly Team Night 100-150 Monday 7-8:30pm Monthly Men's Meeting 30 Tuesday 9-5pm Weekly Office 5 Wednesday 9-5pm Weekly Office 5 7-9pm Weekly Church 150-200 Thursday 9-5pm Weekly Office 5 Friday 9-5pm Weekly Office 5 Saturday Closed (Saturday) Monthly (Special Events) 30 CURRENT NUMBER OF CHURCH MEMBERS: 500 ESTIMATED NUMBER OF CHURCH MEMBERS IN 5 YEARS: 700 75400 GERALD FORD DR #110 PALM DESERT CA 92211 n O z p A � a � v n Z y O o m z k o x z O ti zn o 0, 01 c gym__ ";r .h` "S-�S''` �'-,$�.€, °?s r32` �n ,➢J,.-1.:u,"�s"` :: ^ 4, 270 sq ft =Y w a ti CONSULTAN7S................ W i a 7I .%72M7 G.➢dm Doerr Ca 91I60 \ 8 w F 76 6 16 7-13I7 F(TF1636 I(AL 61161Mdo.vtnra.r>­ca 9se6 s. Z /xF567.63M1%»in/m M11-Syvnu Gau+..fiun/r g �Z C (� '{ � � ♦���/ _ �lit 1,° / j NEW DUNCAN \ -1 NEW ROCK8= ". m GENERALCOATRACTOR......... BRIDGE CHURCH SPACE 7" I _ BobSiip- 4,773 sq.ft 4,782 sq.ft S>p9 Cansnvrban/aa 72-6517Aeodorn Lane Palm Owen,C.922" 41 760-567-2347 \ { I s LieB 581636 FF 1,024 s ft 754 0 Gff ld Ford Build 75400 Gerald Ford Deiva ^/ P,1m De.wn 714-I15-9698 r APN.8 694-166.004 ( LOT.]CITKP.4L.NDE.SERT&42 } w ACRES IN PAR I P.M 2121037 P.6r 30342 Og \ < z z /___1_77 PROJECTADDRESS: w= 75100 Cer&Fad Dr 8110 Palm Dean Ca.92211 91D21M9 mom rtPusn MARK DATE DESCRIPTION SCALE: &16'm V PROJECT NO 120418 MODEL FILE: 0124.2019.ph DRAWN BY: Bob S"a CHKV BY: Bob Sipom COPYRIGHT Sip—Co OXOIon Inc. DOORANDFRAYESCHEDOLE WALL LEGEND MARK SIZE Q_v Op.Type I UFACTOR SNGC FIRE RATING NOTES NEW wets SHEET TITLE W ifT 6'209,G 0'OC EMM WALLS 0 Enlarged Floor Plan c ea wA ra DEMO WALLS NEW WALLS H=74r AF.F EMSTING DOOR O NOTE DUSTING WINDOw Tuesday,February 12,2019 Insulate Demising Wall&Restroom Walls A-105 SHEET 6 OF 18 a � i e 6 o L iL LL 0 o e s 6 6LAJs 0 6 o e o e 0 ® `v Q A td O N t7d r 6 . 6 ® s M s x 19 ' l �8 75-400 Suite 104 to 106 Rock Church Expansion p P�MIER 0411411University Commerce Center BUSINESS PROPERTIES Q 3150 E.La Palma Ave.,Suite A y e Palm Desert, CA Anaheim CA 92806 FEBRUARY 11,2019 714.630.6476 ph 1 714.632.5009 fax PLANNING COMMISSION STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: March 5, 2019 PREPARED BY: Nick Melloni, Assistant Planner REQUEST: Consideration of an appeal by Dr. Jeff Suderman of a decision by the Zoning Administrator to approve an Administrative Use Permit to allow the construction of a horse shelter for the recreational stabling for up to three (3) horses on a residential estate property located at 77-630 Delaware Place; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Planning Commission Resolution No. 2754, denying the appeal, and upholding the Zoning Administrators decision to approve Administrative Use Permit 19-0001. Executive Summary On January 30, 2019, the Palm Desert Zoning Administrator issued a Notice of Decision to approve an Administrative Use Permit (AUP) to construct a horse shelter to stable up to three horses on a residential estate (RE) property. During the notice period, Planning staff received six letters and a formal appeal containing 22 resident signatures from 13 properties in opposition to this matter. The primary concerns focus on the potential for adverse odor, dust, and vermin impacts on the single-family neighborhood to the north caused by stabling horses on the property. The AUP proposal complies with zoning standards for large setbacks and is conditioned with operational measures intended to mitigate these impacts. Staff recommends the Planning Commission uphold the decision of the Zoning Administrator, thereby, denying the appeal. Background A. Property Description The property is a 1.01-acre lot located in the Residential Estate (R-E) zoning district. The property is located on the north side of Delaware Place, generally between Warner Trail and Washington Street. The property is vacant; however, has approved building permits to construct a 3,709-square-foot single-family residence. B. Zoning and General Plan Designation Zone: Residential Estate (R-E) March 5, 2019 — Planning Commission Staff Report Case No. AUP 19-0001 — Delaware Horse Stable Appeal Page 2 of 4 General Plan: Rural Neighborhood C. Adjacent Zoning and Land Use North: Residential Single-Family (R-1)/Single-family homes (Minimum 7,200 square foot lots). South: Residential Estate (R-E)/Single-family home East: Residential Estate (R-E)/Single-family home West: Residential Estate (R-E)/Single-family home Discussion A. Property Description The project being appealed is a request by Mario Valenzuela (Applicant) on behalf of Marc and Jenny Gerhardt (Owners) to stable two horses on their property located at 77-630 Delaware Place. The horses would be kept in a 408-square-foot shelter with an attached 1,360-square-foot open corral. The enclosures are located in the rear yard of the property and setback 50 feet from the western and eastern property lines and 100 feet from the northern property line. The western and northern property lines feature an existing five- to six-foot concrete masonry unit (CMU) block wall. The owner will infill an open portion of the eastern property line with a new six-foot CMU block wall in conjunction with the new home construction. The horse enclosures will be constructed after the main dwelling is completed. B. Project Analysis Table 25.10-1: "Use Matrix for Residential Districts"of the Palm Desert Municipal Code (PDMC) lists permitted, conditionally permitted, and prohibited land uses for the R-E zoning districts. The Zoning Administrator may approve private stables in the R-E zone with an AUP, subject to PDMC Section 25.64.040. PDMC Section 25.10.040 (E) lists specific use standards for horse stables, which include setbacks for separation from neighboring properties and habitable structures, minimum enclosure standards, a requires operational standards to ensure the keeping of horses do not pose a public nuisance or health issue. Planning staff and the Zoning Administrator reviewed the request against these requirements and based the draft conditions and approval findings on these standards. The findings for approval and draft conditions of approval are attached to this report (see attachment 3 and 4, respectively). Table 1 on Page 3 of this report, summarizes project conformance with the specific development standards of the PDMC. The draft conditions include conditions for dust generation (Condition of Approval No. 9), and waste cleanup, storage and disposal (Condition of Approval No. 10). These conditions, paired with large setbacks, are intended to mitigate the adverse impacts of odor and dust. March 5, 2019 — Planning Commission Staff Report Case No. AUP 19-0001 — Delaware Horse Stable Appeal Page 3 of 4 Table 1: Project Summary Standard Minimum Project Conformance Determination Min. Lot Size 40,000 sf 43,995 sf Yes Max Number of Horses 2 Adult, 1 Pony (3 2 Adult Yes Corral Size 288 sf/horse 680 sf/horse Yes Stable Size 144 sf/horse 204 sf/horse Yes Setback from Habitable 35 feet 38 feet Yes Structure Setback from Neighboring 50 feet 130 feet min. Yes Habitable Structure Setback from Non-R-E 100 feet 100 feet Yes Property (R-1) C. Public Input The Zoning Administrator sent out a 15-day Notice of Decision to Approve on January 30, 2019, to property owners within 300 feet of the project site. A total of 35 letters were sent out. By the end of the notice period on February 14, 2019, staff received six emails or letters from residents of the single-family homes and one formal appeal application with 22 residents from 13 properties; 16 signatures are from nine properties within the noticed area and six signatures are from four properties outside the noticed area. A copy of the letters from residents are included with this staff report. A public notice for the appeal to the Planning Commission was posted in The Desert Sun and mailed out to residents on February 22, 2019. To date, staff has not received input on the Planning Commission appeal hearing. Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15303 — New Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines. The proposed project is consistent with the City's General Plan and Zoning Ordinance; the proposed project involves the construction of an accessory structure; the project site has been previously disturbed and has no value as habitat for endangered, rare, or threatened species; the proposed project will not have any significant effects upon the environment; and the site can adequately be served by all required utilities and public services. Therefore, based on the above findings, staff is recommending that the Planning Commission adopt a Categorical Exemption for the proposed project. March 5, 2019 — Planning Commission Staff Report Case No. AUP 19-0001 — Delaware Horse Stable Appeal Page 4 of 4 Recommendation Staff recommends the Planning Commission uphold the Zoning Administrator's decision, approving the project and denying the appeal. 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. Alternatives to the recommendation include: 1. Continue the public hearing to a date certain if the Planning Commission determines additional information is needed to make a decision. 2. Modify the Zoning Administrator's decision and revise conditions of approval as deemed appropriate by the Planning Commission. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A N/A N/A Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development APPLICANT: Marc and Jenny Gerhardt 28975 Desert Moon Drive, Thousand Palms, California 92276 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2754 2. Notice of Exemption 3. Legal Notice 4. Zoning Administrator Notice of Decision to Approve 5. AUP 19-0001 Draft Conditions of Approval 6. Appeal Application and Resident Letters 7. Exhibits PLANNING COMMISSION RESOLUTION NO. 2754 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL BY DR. JEFF SUDERMAN AND UPHOLDING A ZONING ADMINISTRATOR DECISION TO APPROVE AN ADMINISTRATIVE USE PERMIT TO CONSTRUCT A HORSE SHELTER TO STABLE UP TO THREE HORSES ON A RESIDENTIAL ESTATE LOT LOCATED AT 77-630 DELAWARE PLACE; AND ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: AUP 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, hold a duly noticed public hearing to consider the request by Dr. Jeff Suderman, for the above-noted; and I��IillUlii@�� WHEREAS, the parcel is located in the Residential Estate (RE) zoning district, which allows "Private Stables" as a permitted use subject to the approval of an Administrative Use Permit (AUP); and WHEREAS, the Zoning Administrator of the City of Palm Desert, California, did on the 30th day of January 2019, issue a Notice of Decision to Approve Case No. AUP 19- 0001 to allow a private stable for up to three horses at 77 630 Delaware Place subject to a 15-day appeal period; 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, in that the Director of Community Development has determined that the project will not have a significant impact on the environment and that the project is categorically exempt under Article 19, Section 15303 — New Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the approval of said request: FINDINGS OF APPROVAL: 1 . The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable specific plans or City regulations/standards. Private stables are allowed within the Residential Estate zoning district and qualify for approval through an Administrative Use Permit. The keeping of horses is recreational in nature and accessory to the proposed residence at the property. The proposed use complies with all applicable provisions of the Zoning Code in regard to odor mitigation, screening, and land use compatibility with neighboring PLANNING COMMISSION RESOLUTION NO. 2754 residences. The proposed use supports Health and Wellness Element Goal 3, Policy 3.4 2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. The proposed project is consistent with the purpose and intent of the City's Zoning Ordinance and meets minimum standards established. The stable will be located within the rear yard of a new single-family residence on a one-acre lot and will be adequately separated from neighboring sensitive land uses to the north by 100 feet and a five- to six-foot block wall. The proposal has been designed to meet minimum setbacks, land use, and separation from neighboring residences. The proposed project does not pose a conflict in regards to land use. Additionally, the project is conditioned to maintain horse enclosures in a matter, which prevents odor or dust generation. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The site has been designed to meet setbacks, lot coverage, building height, and land use requirements for low-density residential uses. The proposed use would not create a public nuisance in terms of odor as the applicant/and or property owner has been conditioned to maintain the stables in a sanitary condition at all times. The placement of the stables will not be aesthetically detrimental as they are not clearly visible from the public realm. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity. IIIIgiiIIII��i�iIII; il�llll 1h1ligliiii�- NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby approve Administrative Use Permit 19-0001 , subject to the conditions attached. 2 PLANNING COMMISSION RESOLUTION NO. 2754 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 51h day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RON GREGORY, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION I III,�I��IIII l I! I!��B�II���!!I►I�III ! I III, �I I, ,, � I I , i,,ul�� ��li�INi�jl�l�� ,tVjUlllllll!r' h,l IIII!Il;l�lr,, ��'ll Ililllllllllu�'' 3 PLANNING COMMISSION RESOLUTION NO. 2754 CONDITIONS OF APPROVAL CASE NO. AUP 19-0001 Department of Community Development: 1 . The Project site shall be developed and maintained in conformance with the approved plans on file with the Department of Community Development, except as modified by conditions herein. 2. Any proposed modifications to this Administrative Use Permit approval, including but not limited to expansion, reorientation or relocation of horse corrals or stables, shall require a submittal of a new application. 3. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm Desert or its agents, officers, and employees from any claim, action or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. 4. This permit shall only allow the recreational keeping of horses and does not include other species of livestock. 5. The property shall be limited to a maximum of two standard size horses and one pony. 6. All horses shall be kept within the approved stable and/or corral at all times. 7. All horse keeping areas and waste storage areas shall be setback a minimum of 100 feet from the northern property line. GHhIRNi, 8. The stable shall remain ventilated for the desert environment at all times. 9. Horse keeping areas shall be maintained with appropriate ground cover to prevent dust generation. 10. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day Animal manure shall be stored in appropriate fully enclosed receptacles and properly disposed of not less than once per week. 11. The applicant shall comply with all applicable local, state, and federal laws and regulations. 12. This administrative use permit approval is non-transferable and for the exclusive use of the applicant/property owner listed on the project application. Future property owners wishing to keep horses shall apply for a new administrative use permit. END OF CONDITIONS 4 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 Count of: Riverside 1. Project Title: Horse Enclosure/AUP 19-0001 2. Project Applicant: Marc and Jenny Gerhardt 3. Project Location—Identify street address and 77-630 Delaware Place cross streets or attach a map showing project site Palm Desert,California 92211 (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 Administrative Use Permit(AUP)to construct a horse of Project: shelter and enclosure for the recreational stabling of up to three(3)horses.The proposed stable will be located in the rear yard of a proposed single-family residence. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Marc Gerhardt project,including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub.Res.Code§ 21080(b)(1);State CEQA Guidelines § 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res.Code§ 21080(b)(4);State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. Class 1 "New Construction or Conversion of Small State type and section number: Structures";State CEQA Guidelines§15303 (e) ❑ Declared Emergency. (Pub.Res.Code§ 21080(b)(3);State CEQA Guidelines§ 15269(a)) M ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: General Rule—Section 15061(b)(3) 9. Reason why project was exempt: The proposed project will involve the construction of a small accessory building;the project site has been previously developed and has no value as habitat for endangered,rare or threatened species;the proposed project Notice of Exemption FORM"B" does not have a reasonable possibility for significant cumulative impacts upon the environment;and the site can adequately be served by all required utilities and public services. 10. Lead Agency Contact Person: Nick Melloni,Assistant Planner Telephone: (760)346-0611 11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑ If yes,the date of the public hearing was:March 5,2019 Signature: Date: Title: ®Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108,21152,and 21152.1,Public Resources Code. Notice of Exemption FORM`B" CIT Y DF P n-1 M 0 1 1 P I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 I — TEU 760 346—o61;I i j FAX: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. AUP 19-0001 NOTICE OF A PUBLIC HEARING BEFORE THE CITY OF PALM DESERT PLANNING COMMISSION TO CONSIDER AN APPEAL BY JEFF SUDERMAN OF A DECISION BY THE ZONING ADMINISTRATOR TO APPROVE AN ADMINISTRATIVE USE PERMIT ALLOWING THE CONSTRUCTION OF A HORSE SHELTER FOR THE RECREATIONAL STABLING OF UP TO THREE (3) HORSES ON A RESIDENTIAL ESTATE PROPERTY LOCATED AT 77-630 DELAWARE PLACE; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15303: Class 3 - New Construction or Conversion of Small Structures of the CEQA Guidelines as this proposal is consistent with the City's General Plan and zoning regulations, the proposal will construct a small accessory structure, the project site has no value as habitat, and existing utilities serve the project site and/or are available. Project Location/ Description: Project Location: 77-630 Delaware Place Project Description: An appeal has been filed by Jeff Suderman, requesting the Planning Commission overturn a decision by the Zoning Administrator and deny Administrative Use Permit (AUP) 19-0001.AUP 19-0001 is a request to construct a horse shelter to stable up to three horses (two standard size, one pony) on a one-acre residential property at 77-630 Delaware Place. On January 301h, 2019, the Zoning Administrator issued a notice of decision to all property owners within 300 feet of the project site. The notice indicated the proposal was approved subject to conditions and pending a 15 day appeal period. Recommendation: Staff is recommending denial of the appeal, upholding the Zoning Administrator's approval. Public Hearing: The public hearing will be held before the Planning Commission on March 5"1, 2019, at 6:00 pm in the City Council Chamber at 73-510 Fred Waring Drive. Public Review: The map 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, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Nick Melloni, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary February 22, 2019 Palm Desert Planning Commission CITY OF PALM DESERT ZONING ADMINISTRATOR NOTICE OF DECISION DATE: January 30, 2019 APPLICANT: Mario Valenzuela PROPERTY ADDRESS: 77-630 Delaware Place CASE NO: AUP 19-0001 Notice is hereby given that the Zoning Administrator has received and approved a request from Mr. Valenzuela (applicant) to construct a horse shelter and enclosure for the recreational stabling of up to three (3) horses. The proposed stable will be located in the rear yard of a proposed single-family residence. The property is zoned Residential Estate (RE) and the proposed stables qualify for approval through an Administrative Use Permit (AUP). 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 in accordance with Section 15303: Class 3 — New Construction or Conversion of Small Structures of the CEQA Guidelines. The Zoning Administrator, under provisions of Section 25.64.040 of the Palm Desert Municipal Code, has approved the said use based upon the following findings required in Section 25.64.040.D: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, general plan, and any applicable specific plans or City regulations/standards. Stables are allowed within the Residential Estate zoning district and qualify for approval through an Administrative Use Permit. The keeping of horses is recreational in nature and accessory to the proposed residence at the property. The proposed use complies with all applicable provisions of the zoning code in regards to odor mitigation, screening, and land use compatibility with neighboring residences. 2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. The proposed project is consistent with the purpose and intent of the City's Zoning Ordinance. The stable will be located within the rear yard of a new single-family residence on a one-acre lot and will be adequately separated from neighboring sensitive AUP 19-0001 January 30, 2019 Page 2 of 2 land uses. The proposal has been designed to meet minimum setbacks, building height, land use, and separation from neighboring residences. The proposed project does not pose a conflict in regards to land use. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The site has been designed to meet setbacks, lot coverage, building height, and land use requirements for low-density residential uses. The proposed use would not create a public nuisance in terms of odor as the applicant/and or property owner has been conditioned to maintain the stables in a sanitary condition at all times. The placement of the stables will not be aesthetically detrimental as they are not clearly visible from the public realm. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity. BASED ON THE FINDINGS ABOVE, THE ZONING ADMINISTRATOR hereby approves Administrative Use Permit 19-0001. In accordance with Section 25.60.060.C. of the Palm Desert Municipal Code, notice of decision shall be provided to the applicant, interested parties, and property owners within 300 feet of the property. Any interested person may appeal certain actions of the Zoning Administrator in accordance with Section 25.60.080. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 15 calendar days following the date of determination or action. The 15-day appeal period for this decision concludes February 14, 2019. Any concerns, comments, or appeals may be filed at: City of Palm Desert Community Development / Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Hours: 8:00 a.m. to 5:00 p.m. Monday through Friday (Closed major holidays). You may contact me directly at nmelloni@cityofpalmdesert or (760) 346-0611 ext. 479. Sincerely, ERIC CEJA PRINCIPAL PLANNER /ZONING ADMINISTRATOR • •- •to avery.com/templates Bend along line to expose Pop-up Edge I 637-160-024 637-151-005 637-151-006 GERHARDT M AJENNIFER S TRUST JIMMY&LORIE ANN GRAY PAUL M & MARY E ADAMS PO BOX 291 74940 US HIGHWAY 111 3848 FOUNTAIN ST THOUSAND PALMS CA 92276 INDIAN WELLS CA 92210 CAMARILLO CA 93012 637-151-007 637-151-008 637-151-009 LAUREN MESA ANTOAN CARRERA LINDERMANN VICKI L BUTTERWORTH 77589 EDINBOROUGH ST 77595 EDINBOROUGH ST 77613 EDINBOROUGH ST PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 637-151-010 637-151-011 637-151-012 PATRICK H DONAHOE CHARLES Z&JOLENE M CYR MICHAEL&CHRISTINE SCHWARTZ 3529 PINE AVE 77637 EDINBOROUGH ST 77645 EDINBOROUGH ST MANHATTAN BEACH CA 90266 PALM DESERT CA 92211 PALM DESERT CA 92211 637-151-013 637-151-033 637-151-034 BETTY J JACINTO KASIE ANNE&J6EFF.R.EY LAINE SUDERMAN MARYALICE A& ERIC OWINGS 42335 WASHINGTON ST#F 77669 EDINBOROUGH ST 77675 EDINBOROUGH ST PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 637-151-035 637-151-036 637-152-011 JOHN R&ZELDA C SMITH KELLY P BERRY BRYAN W&RACHEL UMEKO JOHNS 77681 EDINBOROUGH ST 77687 EDINBOROUGH ST 42643 SUSSEX ST PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 637-152-012 637-152-013 637-152-014 PATRICIA DEMESIA PINON CAROL ANN BRACKNER/MAUREEN E DAVID L& BARBARA G OLDAKER 42661 SUSSEX ST LOCHRIDGE 77596 EDINBOROUGH ST PALM DESERT CA 92211 77614 EDINBOROUGH ST PALM DESERT CA 92211 PALM DESERT CA 92211 637-152-015 637-152-016 637-153-003 DAN&CAROL A WITTEMAN HURTADO ORTIZ J/ORTIZ R L/TRUST DEAN E&SHARON K POLLINGER 77590 EDINBOROUGH ST 77574 EDINBOROUGH ST 31221 CASA GRANDE DR PALM DESERT CA 92211 PALM DESERT CA 92211 SAN JUAN CAPO CA 92675 637-153-004 637-153-005 637-153-006 DAUNE& RITA LAWSON MICHAELJ BERG JON E CURRIE 42659 DEVONSHIRE ST 42662 SUSSEX ST 42644 SUSSEX ST PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 637-154-001 637-160-022 637-160-023 JOHN CHARLES&MARY JEAN MICHAEL A/BRENDA L SCARELLA KERMIT A LARBY SOMERSCALES 77576 DELAWARE PL 77600 DELAWARE PL 53 WAVERLY PALM DESERT CA 92211 PALM DESERT CA 92211 BOWMANVILLE ON L1C 1K8 CANADA 637-160-025 637-160-026 637-160-030 BILLY JOE LEWIS ALFREDO&TINA MARIE ALVIDREZ CURTIS D MCCALLA 77660 DELAWARE PL 77700 DELAWARE PL 77577 DELAWARE PL PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 Bend along line to expose Pop-up Edge' Use Avery Template 5160 il 637-160-031 637-160-032 637-160-033 SHARON A YOSHIMURA ALFREDO&CARMEN ALVIDREZ RICHARD E& MARILYN D WEST 77605 DELAWARE PL 77635 DELAWARE PL 77665 DELAWARE PL PALM DESERT CA 92211 PALM DESERT CA 92211 PALM DESERT CA 92211 637-160-034 637-160-035 LUKE P&SUSANNE E DREISBACH MINA RAMOS 77685 DELAWARE PL 77705 DELAWARE PL PALM DESERT CA 92211 PALM DESERT CA 92211 Eti• d'adresse Easy '-- _ 001 oil ,pseri + .om x a. •• - •. •• ,astir. :W}�JOS O v' a� dN�p•/OY /01 RPY/07 /Nw/O'/ IN //Uw/OP .as•Lri r 8a t Fa d8 ' /Z j Oa f 9' Av i �rvc/ a A% Srd6i t Fo t r. j '�P`'�"/a�l eVv�/oY dN�B�Jo: /Na,Jo�/ dMa'JOY - JN•+v/OY dN�9'/O'1 a M O/ w // ti a/ F/ 120 �9 a A'?/o wsry a/o wav WPM JVm/o ` t t ®/ L/ / y, ►/ q t/ if // O/ N d 9 S b •ov Nreho♦ d� d�[/ rs ry rr rs p 407 S 90 g dp ®* /ei 6 Yii rI•iIi .otv we/a wei o M a" �.41'� ~ v.. �7� .or. �q ,.,., , .9r•re co .rs•re'. /� y /� ® 0, W i i l V C ' v Y O� O L u l Z ► � �/ r o ■ p� � o sF t Or -C, F F • si B.i erw. .so, � s Lj. �F o .2VL/0t wele r w ®F 6 aAnr°9°r •, �.Q h ,Y9 t9 On• 9t'p6 �' s. •r•<s •aa 1' •<® .4.90 ar.9 .B� CONDITIONS OF APPROVAL CASE NO. AUP 19-0001 Department of Community Development: 1. The Project site shall be developed and maintained in conformance with the approved plans on file with the Department of Community Development, except as modified by conditions herein. 2. Any proposed modifications to this administrative use permit approval, including but not limited to expansion, reorientation or relocation of horse corrals or stables, shall require a submittal of a new application. 3. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm Desert or its agents, officers, and employees from any claim, action or proceeding against the City of Palm Desert or its agents, officers or employees, to attack, set aside, void, or annul, any approval of the City of Palm Desert, whether by its City Council, Planning Commission, or other authorized board or officer of the City. 4. This permit shall only allow the recreational keeping of horses and does not include other species of livestock. 5. The property shall be limited to a maximum of two standard size horses and one pony. 6. All horses shall be kept within the approved stable and/or corral at all times. 7. All horse keeping areas and waste storage areas shall be setback a minimum of 100 feet from the northern property line. 8. The stable shall remain ventilated for the desert environment at all times. 9. Horse keeping areas shall be maintained with appropriate ground cover to prevent dust generation. 10. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day Animal manure shall be stored in appropriate fully enclosed receptacles and properly disposed of not less than once per week. 11. The applicant shall comply with all applicable local, state, and federal laws and regulations. 12. This administrative use permit approval is non-transferable and for the exclusive use of the applicant/property owner listed on the project application. Future property owners wishing to keep horses shall apply for a new administrative use permit. END OF CONDITIONS CITY OF PALM DESERT, CALIFORNO Y eECEI RECEIVED APPLICATION TO APPEAlfALM DESERT. CA - 2019 FEB 14 PH 2: 59 DECISION OF THE LP4"D GE C=�2 lw.atSs%n L111 tt (Name of Delamrn ping Body) Case No. _4 Up C Date of Decision: _ . Name of Appellant Eimer' Phone _1151- Address 77(_-.,0 City, State, Zip_ #'f�- D,Ct5�� E-mail Jcx Vv� Description of Application or Matter Considered:_ / OP-SES oN RC-5(DG`rC+,4-1_ L451C 7763a DF=Lftofac Reason for Appeal(attach additional sheets if necessary): (Signature of Appellant) FO OFFICIAL USE ONLY co Date Appeal Filed: L a- iy-0�1 Fee Received: 4 37 ). Treasurer's Receipt NoJ K C030N lD Received by: Ro CR-J� (P Date of Consideration by City Council or City Official: Action Taken: • Date: Rachelle D. Klassen, City Clerk H W Pdata?W PDGCS FF0fWT,app1 to appea+#un 2011 wpd Raw 11 + a t Land Use Commission Sent via Eric Ceja Principal Planner City of Palm Desert Palm Desert, CA February 14, 2019, Dear Land Use Commission, I am writing to officially appeal the City of Palm Desert's decision to allow a horse stable at 77630 Delaware Place in Palm Desert, CA. We believe this decision adversely impacts homes in the area and due consideration did not occur before a decision was made. While I have already sent a personal letter of appeal, 1 was made aware of the official appeal process after the fact.Thus,this letter and payment lodge the official appeal on behalf of myself and several neighbors in this area. This includes but is not limited to those who signed the included petition. Amidst two conversations with both Mr. Ceja and Mr. Melloni (Feb. 13), it was made clear that an appeal process has little to no chance of impacting change. This is rather disturbing. If this is true, we are unsure why there is an opportunity for citizens to appeal the decision. However, in good faith,we are submitting this appeal as we believe the Land Use Commission and/or the Palm Desert City Council must consider the adverse impact this decision will make on residents of our fine city. It is critical to begin by stating a foundational fact;this issue is unusual in Palm Desert.To our knowledge,there are no current known cases of horses in residences specifically in Palm Desert.Therefore, we want to assert that existing by-laws and ordinances have not been sufficiently developed in order to consider cases such as this. Placing horses adjacent to high-density neighborhoods is a decision that is both unprecedented in the last decade and sets a dangerous precedent for this city. The conversations with Mr. Ceja and Mr. Melloni noted above (Feb. 13) both stressed that city officials followed the letter of the law. We appreciate this diligence but request the appeal process consider this decision as a matter which simple bureaucratic procedures cannot adequately handle. As noted above,this is unprecedented in Palm Desert's modern history. Furthermore, as citizens we expect our city staff, volunteers and elected officials to act in the interest of all citizens and not blindly enact decisions without critical thought. In other words, we ask you to please consider this matter as public servants who are charged to oversee the best interests of all Palm Desert citizens. Placing horses 110 feet away from residential swimming pools is not a routine bureaucratic decision in our city. Page 1 of 4 Furthermore, my previous letter, as well as those of several residents, believe this decision violates several aspects of bylaw outlined in the city letter(dated January 30, 2019). Here is a summary of concerns (italicized writing is quoted from the city letter): 1. "The proposed use is allowed within the applicable zoning district". While horses may be allowable in 'Residential Estate Zoning',they are not allowed in the zone it abuts (a mid to high-density housing neighborhood).The direct adjacency of this proposed stable to this neighborhood impacts over 21 homes within this neighborhood (within -110-300 feet of the proposed stable). Therefore, it is our firm belief that this is a violation of Palm Desert zoning district policy for the many homeowners adjacent to this residential estate zone. We realize this situation does not exist in Palm Desert.Therefore, we believe that current bylaws (the city's basis of justification of the current decision) are insufficient to make a decision it did not intend to cover. 2. "Granting the permit would not be detrimental to public interest, health, safety, convenience or welfare or materially injurious to persons,property...within the vicinity". We believe several sections of this code will be violated with this project: a. Public interest—there are many homeowners, us included, who have expressed disinterest in having horses as close as 110 feet from our pools and backyards. The odor, dust,fly and rat issues will be detrimental to the enjoyment of our backyards—a key reason people choose to live in the desert (our backyards are of paramount value in Palm Desert!). City officials have kindly informed us of safeguards being taken (locating pen 100 feet from the fence, daily manure pick- up, etc.). However, all these actions only serve to mitigate, not eliminate the problem. The postscript will make this point more clearly. b. Health-there are many homeowners, us included, who expect this facility will bring negative odor, flies, dust and rats to our neighborhood.These are all detrimental to the physical and emotional health of Palm Desert residents. Several neighbors have expressed significant concerns about allergy issues related to living close to livestock. In addition, discussion with other citizens located close to horse facilities indicate this is a problem that other Coachella Valley cities are dealing with. c. Materially injurious-A local home appraiser has informed us that a horse stable will result in a decrease in property values for neighboring homes. We believe this will materially impact the value of our property. This is a direct violation of city code. It is also noteworthy that this is not the first time the city has made significant land use decisions without informing neighbors in this area and significant negative property value impact occurred during the development at 77700 Delaware Place. The Land Use Commission and/or City Council is encouraged to get a firsthand view of the inadequacy of current city code by viewing the recent garage development at 77700 Delaware Place.The Land Use Page 2 of 4 Commission and/or City Council is encouraged to undertake study by neutral third-parties about the property value loss this will cause for residents. 3. Reactive process.The City of Palm Desert staff have used a "make-decisions-first-and- inform-those-impacted-later" approach.The city approved a project impacting many homeowners without any consultation.Then, after the decision, an appeal process was provided (though city officials informed citizens it had little chance of being granted). While it appears City Officials believe they have the authority to make this decision,the right of appeal also suggests that we as citizens have a valid and necessary voice in civic matters. A significant project like this requires discussion from impacted homeowners prior to a decision being made (which likely indicates another gap in city by-law or policy). As stated above, a decision which is likely unprecedented, and precedent- setting, does not fit tidily within existing bylaws. We would hope that a public servant responsible for such decisions would take the time to engage in a robust consideration with impacted homeowners given the implications of this unique proposal.To our neighborhood, it appears this was treated as a simple bureaucratic matter that needed a stamp of approval. Amidst numerous discussions over the past week, no individual has expressed interest in having horses 110 feet away from their swimming pool.The current bylaws of Palm Desert were not made for such cases and this appears to be a first. We believe this decision will be precedent setting for our desert communities and will reveal the heart of Palm Desert towards residents. It was noted that the City informed all residents of this decision who are within 300 feet of the project. Based on recent experiences with horse pasture odor in Bermuda Dune,the City is encouraged to expand this distance due to our regular desert winds. In conclusion, I also want to thank staff at the city. Apart from some minor administrative mistakes (missing information in the resident letter, lack of clarity about the appeal process and initially slow response times to email) city officials have responded in a professional way.This appeal is not a personal issue with any staff or the city. Rather, we believe the City of Palm Desert has been faced with a challenge due to inadequate bylaws.The result of your decision will reveal the true character of a city we love. Wehof n ' borhood residents impacted, Jeff& Kasie Suderman 77669 Edinborough Street Palm Desert, CA 951-435-9863 1 jeffsuderman@hotmail.com Page 3 of 4 Postscript: The content below is provided to help those who are not impacted by this decision consider it from a resident perspective. While it is oversimplified and inadequate, I believe it will also help those involved understand how this issue feels to those impacted. Please visit the City of Palm Desert Council Chamber. Go to the front lectern and walk 110 feet towards the back of the room (the distance horses would be from resident swimming pools). Place a pile of horse excrement on this spot and then have a meeting to discuss this appeal. If the excrement bothers you, please be assured that it will be picked up daily by myself within 24 hours (though if I don't pick it up, you will need to call the city and lodge a formal complaint to get me to do so). I realize that some may have allergies to this excrement, and you will likely need to leave. When I do remove the excrement, I will place it in a bin with a lid at the side of the chamber.This lid will seal the smell in. But if it does not, you can call the city and lodge a complaint.The excrement will attract flies, rodents and other pests. Be assured, I will pick it up once per day to mitigate the inconvenience this may cause you. After your meeting is done, put on some shorts,fire up the BBQ and spend some time relaxing before leaving the chamber. If I have not yet had the opportunity to remove the excrement, you can do your best to ignore it or move your meeting to another location. Page 4 of 4 To:The City of Palm Desert Date: February 14, 2019 Property Address: 77-630 Delaware Place Case: AUP 19-0001 1 am signing this petition as I wish to express my desire to oppose the plans to place a horse stable adjacent to a medium density residential neighborhood. The City of Palm Desert is hereby requested to reverse this decision due to the numerous adverse impacts it will have on our neighborhood, including, but not limited to flies, odor, dust and property value. Name Address Phone/email (2� 3 yra 1 1. .� * '79 (5. i��� _7 L-�L.' t 1�C c c 6. rr � ,,� J`f Q ,rp � S�- -1(oc7 -3Y f-a'7� '7-755d Ed..'nho);:Cp S+- -7� v` 3�1�� s'76f. 7. - ' r�c C----- 4-�, Cm —r. 8. 9. r �fZGYV �4SI X Si: 310�r�� 0D6a f -- coo! -6tb Name Address Phone/email O- -7(p0 d'3�1- 9Y)O 12. Cs ��(11 7 �, a St p• �/ / 3 Sy-S7c 13.�it7c�c�ai L-, di� ema j A y� 77S1�13 'gAo►2ov,�6 Sfi . po agLkk 14 15--ke--2E 77(�oGq 16. tujrC_ OW40GG 776 7j- EDzNdoRcc)G,-y gr 76G 9 pit© C 17. �y�, 4� L I z —6 0 S cis�6 Cal_ ti�b --3,l5 e-1167 Ya46a /19. K v t'rScd Vd it ! � O6,3(,OFy2 21. 22. y,t A dot )f "Cove ail"s 63056 "roil 73-510 FRED WARING DR.• PALM DESERT, CA 92260 DATE TREASURER'S � RECEIPT AMOUNT 7 , RECEIVED FROM: Je-T( SLI:L�-t-+ 1� 1,�-I� FOR: HLt2 0-00f --7-7(0E)1 I2-1 LLnl--(- 00(6- Project 70000 Number: T DIV ELEM/OBJ��M ; RECEIVED FOR THE CITY TREASURER ' ll BY; FIN DEPARTMENfUSdONLY i CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE Maryalice Alberg Owings 77675 Edinborough Street Palm Desert, CA 92211 February 12, 2019 Mr. Eric Ceja, Principal Planner City of Palm Desert Community Development/Planning Department 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Ceja : I am writing to appeal the decision of the Zoning Administrator to authorize a "horse shelter and enclosure for the recreational stabling of up to 3 horses" at 77630 Delaware Place, Palm Desert, CA 92211. 1 live in a home that has been on its lot for 29 years, on the other side of the wall, downwind from this proposed "horse shelter". You have already allowed this residence and 1 other new residence, on Delaware, to bring in over four feet of dirt to raise the lot elevation and block our views. Now you want to allow a "horse shelter on a narrow strip of this property. The house they are building is quite large and taking up much of the 1 acre, so the "horse shelter will be near the back wall by our properties. This location does not make it compatible with neighboring residences, and it will not be aesthetically pleasing to our views,which should be considered as part of the public realm. You state the "owner has been conditioned to maintain the stables in a sanitary condition at all times." How will this be enforced?How many complaints will have to be delivered to your office for you to take action?This is less than 300 yards from our back yards, how are we supposed to enjoy quality time on our own property that we have invested in, with the dust, dirt, flies,and smell that will come from this property? This home and the other one at 77700 have already lowered the property value of our homes by building walls and houses so large they block our view of the mountains, which was a selling point when we bought our homes. Now the City wants to allow a "horse shelter"to be built by our back wall,which will further erode the value of our homes and any quality time we would like to spend in our own backyards. Sincerely, Mary�Ge Alberg ings, wner Maryalice Alberg Owings 77675 Edinborough Street Palm Desert, CA 92211 February 12,2019 Mr. Eric Ceja, Principal Planner City of Palm Desert Community Development/Planning Department 73510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Ceja : I am writing to appeal the decision of the Zoning Administrator to authorize a "horse shelter and enclosure for the recreational stabling of up to 3 horses" at 77630 Delaware Place, Palm Desert,CA 92211. 1 live in a home that has been on its lot for 29 years,on the other side of the wall,downwind from this proposed "horse shelter". You have already allowed this residence and 1 other new residence,on Delaware,to bring in over four feet of dirt to raise the lot elevation and block our views. Now you want to allow a "horse shelter on a narrow strip of this property. The house they are building is quite large and taking up much of the 1 acre, so the "horse shelter will be near the back wall by our properties.This location does not make it compatible with neighboring residences, and it will not be aesthetically pleasing to our views,which should be considered as part of the public realm. You state the "owner has been conditioned to maintain the stables in a sanitary condition at all times." How will this be enforced? How many complaints will have to be delivered to your office for you to take action?This is less than 300 yards from our back yards, how are we supposed to enjoy quality time on our own property that we have invested in,with the dust, dirt,flies, and smell that will come from this property? This home and the other one at 77700 have already lowered the property value of our homes by building walls and houses so large they block our view of the mountains, which was a selling point when we bought our homes. Now the City wants to allow a "horse shelter"to be built by our back wall,which will further erode the value of our homes and any quality time we would like to spend in our own backyards. Sincerely, MaryplIfe Alberg ings, wrier Melloni, Nick From: Carol Witteman <dcwitteman@gmail.com> Sent: Tuesday, February 12, 2019 8:37 AM To: Melloni, Nick Subject: Horse stable on 77369 Delaware St Follow Up Flag: Follow up Flag Status: Flagged Hello Mr. Melloni, I am writing to you in regards to the horse stable on Delaware that was approved by the City of Palm Desert. My husband and I have lived here at 77590 Edinborough St.since 1986 and we are very concerned about how this could impact the environment in the neighborhood.Smell, dust,flies, noise, how it would effect the dogs,to name a few. When we first moved here, there were horses at some properties on Delaware and we did have those issues then. We would like to appeal this decision along with our neighbors. Thank you for the consideration in reversing this decision. Carol and Dan Witteman 77590 Edinborough St Palm Desert, Ca 92211 Sent from my iPhone 1 Melloni, Nick From: Zelda Smith <smith92201@twc.com> Sent: Tuesday, February 12, 2019 12:34 PM To: Melloni, Nick Subject: Horse Follow Up Flag: Follow up Flag Status: Flagged Mr Melloni I live on Edinborough St. My lot corner meets the corner of the lot of 77-630 Delaware, I cannot imagine having horses that close to the homes behind this house. Our lots are not as large as those on Delaware,therefore,our backyard is closer than 100 feet. Can you imagine how bad the flys and the smell will be?!We would like to enjoy our backyards with our family and friends and not have to worry about the flys and smell. City zoning has already allows a wall which significantly limits the enjoyment of our yard (see attached photo). Please do not make this even worse. Thank you.Zelda and John Smith Sent from my Whone �.°ice 4 �. `i ry ! i `. v 7�� ..; .. '. Melloni, Nick From: Elizabeth De Leon <elizabethdeleon86@yahoo.com> Sent: Wednesday, February 13, 2019 11:19 AM To: Melloni, Nick Subject: Horse stable Palm Desert Dear Nick Mellin I had the pleasure of speaking to my neighbors on Edinborough Street, it was brought to my attention that there are plans to built stables on the street behind us (Delaware Street). Our concern with that project is what we will be facing in the future, rats, flies, dust,odor etc. For 13 years its been wonderful living in a great area without what the stress of dealing with issues that may bring if the stables are to be built in a residential area. As the person in charge Im sure your interest is to preserve what's in the best interest for Palm Desert residence. For any questions you can reach me at 7606016400. Your attention is much appreciated. Thank you, Elizabeth DeLeon Sent from Yahoo Mail for iPhone 1 Melloni, Nick From: Jeff Suderman <jeff@jeffsuderman.com> Sent: Tuesday, February 12, 2019 8:41 PM To: Ceja, Eric Cc: Melloni, Nick; Harnik,Jan;Jonathan, Sabby; Kasie Suderman Subject: AUP 19-0001 Land Use Decision Appeal Attachments: Mimecast Attachment Protection Instructions; City of Palm Desert AUP 19-0001 Appeal - Suderman.pdf Follow Up Flag: Follow up Flag Status: Flagged Mimecast Attachment Protection has deemed this file to be safe,but always exercise caution when opening files. Mr. Eric Ceja, CC: Nick Melloni, Councilwoman Jan Harnik, Councilman Sabby Jonathan, Kasie Suderman The attached letter is an appeal regarding a city zoning decision for 77630 Delaware Place (AUP 19-0001). Thank you for your attention to this matter. Jeff Suderman DR. .JEFF SUDERMAN SUDERMAN CEO & PRESIDENT I SOLUTIONS www.jeff3uderrnan.com I jeff@jeffsuderman.com 1 951.435.9863 1 Eri Ceja Principal Planner City of Palm Desert Palm Desert, CA February 12, 2019, Dear Mr. Ceja, I am writing to officially appeal the City of Palm Desert decision to allow a horse stable at 77630 Delaware Place in Palm Desert, CA. The notice (AUP 19- 0001 dated Jan. 30, 2019) makes several claims which are not correct, and we wish to dispute (quoted content is taken from the city letter to residents): 1. "The proposed use is allowed within the applicable zoning district". While horses may be allowable in 'Residential Estate Zoning', they are not allowed in the zone it abuts (a mid-density housing neighborhood). The direct adjacency of this project impacts about 21 homes within this mid-density neighborhood (within 120-300 feet of the proposed stable). Therefore, it is our firm belief that this is a violation of zoning district policy for many homeowners adjacent to the residential estate zoning. 2. "Granting the permit would not be detrimental to public interest, health, safety, convenience or welfare or materially injurious to persons, property...within the vicinity". We believe several sections of this code will be violated with this project: a. Public interest—there are many homeowners, us included, who have expressed disinterest in having horses as close as 120 feet from our pools and backyards. The odor, dust, fly and rat issues will be detrimental to the enjoyment of our backyards—a key reason people choose to live in the desert. b. Health - there are many homeowners, us included, who believe that this facility will bring negative odor, flies, dust and rats to our neighborhood. These are all detrimental to both physical and emotional health. c. Materially injurious - A local home appraiser has informed us that a horse stable will result in a decrease in property values for neighboring homes. We believe this will materially impact the value of our property. This is not the first time the city has made significant land use decisions without informing neighbors in this area and significant negative property value impact occurred during the development at 77700 Delaware Place. 3. Negative communication process. This city has used a version of what is referred to as 'negative billing' in consumer marketing. Negative billing occurs when a significant financial decision is made which impacts people negatively and they are only informed of it after the fact. The city approved a project impacting many homeowners without any consultation. At best, this is poor practice, at worst it suggests preferential treatment of some citizens. A significant project like this requires discussion from impacted homeowners prior to a decision being made. Furthermore, the neighborhood letter from the city has an incomplete email address (nmelloni@cityofpalmdesert) and residents were only given about —10 days in which to respond. I have personally been waiting for an email response of promised follow-up documents from Mr. Melloni since Wednesday, Feb. 6. The city of La Quinta has recently had problems due to horses in residential areas that Palm Desert should consider. (https:/Zwww.desertsun.com/story/news/20WO4/`05/polo-ponies-removed-la- quinta-ranch-following-manure-drama/491373002/). As a result of these concerns, we respectfully request that the city reverse this decision. We look forward to your response. Sincerely, Dr. Jeff& Mrs. Kasie Suderman 77669 Edinborough Street Palm Desert, CA 92211 1 951.435.9863 1 jeffsuderman@hotmail.com Melloni, Nick From: Jon Currie <researchguru@gmail.com> Sent: Wednesday, February 13,2019 12:10 PM To: Melloni, Nick Subject: Case No.AUP 19-0001 Dear Mr. Nick Melloni, We live on Sussex Street in Palm Desert and received the Notice of the Decision from the Zoning Administrator concerning the property at 77-630 Delaware Place. As a concerned homeowner very close to the property in question we would like to have had something to say about this construction before the Administrator made the decision that would affect our property value and the health and safety of our neighborhood. We would like to see written answers to the questions the City of Palm Desert considered before approving this application and we would like to take advantage of the appeal process so the City could reconsider the application. 1. We are concerned about the real possibility that the odor, that is always a problem with animal compounds (even with the most efficient and consistent maintenance) will negatively affect our neighborhood. 2. How were the prevailing winds and their effect upon the dissemination of animal odors addressed? 3. We are concerned about the close proximity, and in some cases the adjacency, of the horse stabling area to the residential properties which have smaller setbacks and are not zoned as 'Estate'properties. Without the same setbacks and buffer areas between the horse property and the backyards of these properties people would be living extremely close to the horses. 4. How did the design for the paddock square footage allow for an exercise area for the horses to run? S. How were the areas for pens, exercise and pasture, as well as the access for veterinarian, feed and manure management, all been addressed so to have a minimal effect on the neighboring properties? 6. How did the setbacks, that abut the adjacent neighbors property, addressed when there might be the possibility that horses would be next to the neighbors'back fences? 7. What are the current City of Palm Desert regulations regarding the housing of horses, or other animals? We would support an appeal to this Zoning Administrator Decision. Please send along any forms that need to be filled out as soon as possible so that we can submit them within the designated time frame. Thank you for your time and consideration in this matter. Jon Currie, Carol-Lynn Campbell 42644 Sussex St, Palm Desert, CA 92211 310-990-0060 researchg_u_ru @ amail.com i Site Plan I I Nam.a Add...,Owner. NS Utility Companies: Nk Ffir 1 at 11401 "'""� � mil.'C R St Lenard lndd.GAaEW ber N EEp Plana Add—l{n0)46SgrD _ 4 Power: Soothes Calitomla Edison E-wNAatme b.Pamdtt�..rto.,Per ry u VY 73-540 Higway 111 Name sAddreas OfApyrara _0 w r6 Palm 0eseIt,CA 92280 Mr Merc a hen J..W.G mard C m n Telephone:1-(800)855.4555 711-400.41 SL Street o o a 2 L _ Water. 76-525Coach ile vl:y$L Water D18tnC P�'°Add-147,110)�.� tL E 76-525 Novley Lane East E-Mai Addma tp.rtl.Pslmwdzo-net Palm Desert,CA 922W 11Mlgta Locaeon orEzlNhlp ta_�— Telephone:1•(780)388.2851 A.P.N.Number=637-160.024 a) Wide PublIC UtI ty Es•rtara e-Mail Address:www.dwe.org Job Monroe Y p n Gas Company Southern California Gas Company Lot No.12 157.03' ndkab L.aue or FaMYg Telephone:1-(800)427.2200 ,cMu.OerWnYM Cable T.V. Wamer-Cable Road Runner 77-630 DELAWARE PLACE 25 Telephone:1-(888)34"183 PALM DESERT,CA 92260 School District Called Sands Unified School Distrct 47-950 Dunes Palms Road Legal Description 7j Le Quints,CA 92253 Lod 12 POR.8 112 a W 1/4 s E.11413 T 5 5 R.6 E. P.M 175e243 P.roai Map No 26206 Map Beek 637 Page 16 on ea Telephone:1-(780)777-4200 Rkenlde CmmyReowda,RhereEe Cardomy 1rv..ew,..o.•�.as�r=edw..•ee Permit Assistance Center PSIm Desert Building&Safety Department TVAEAhms „• +'^ , �eryen^> 732 10 Fred Waning Drive Shea Family Rea&ara A Palm Desert,CA 92M Maw Fouse Wing Area 2 c3e c 6,a R $ Phone Number.1-(760)346.0811 •EM• S`a`^+r` •�+ (3)Three Car Garage Am 7410 sq R �enae wae•mPweYiewv < Fax Number.1-(760)776-6417 e-Mail Address:www.palrmdesertorg T.W Building Aee 3,68008g R cc Cmmmd Eh"Asa 1230sq R. Revisions bate C0 Residential Mandatory Measures: retention during co cc m 1. ftno water drainage end nWuctla+. 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NUN manspe North water dralnags donne owstruu'dm.In ceder to menage Norm darer dNnegs dudrtg cone priwii one or more of me fatowir _ ropes m.-an.•kaitb•fmw•m•m.dthr,�.m�gdngd.a•amproP.my. Mrs.Jennifer Gerhardt Tabulation Area: pavan erwon end rNdn wil n nolf.the site. Phone No.1-(760)485-9726 s _-- ------ Based on Square Feet and Percent • the hmn Wham of eidfident size shellWutilaad to rehire.form werer on 78-400-41 St,Street �e b 111foi.storm water Is conveyed to a public drainage ay1lem,collection Indio,CA 922tiz Bit.Ati E Mail:jgefiardtl®verizon net 43,gge 0 5guen Pei ,,a 00 b ream,gueer or aimllar depom mettrpd,water•hail be Rkared by use d a ' t tamer"stern,wale•or other method appwed by the mrwdrg agency. Sy c Compnsrrce with a tewWNy waited som water memidwhi iordnance. dYg Am. Ci.np..Scrag.Ma Td.l Ass Joe Adana 203g08q Ft. 7r00 Sq R 370905q R 843 % &a ode.x.y.w Padg A him Lot la r 3.=7OSq R 733 x Finish Floor= 000.00 77-630 Delaware Piece Palm Desert,CA 92260 Op. 5;m-Area(two—pN&R---Wn; Pad Elev. - 000.00 37,09008q R. 54M % sheet Nerve If Finish Floor of dwelling is not above upstream Floor Plan •tier., - Unauthorized Changes&Uses: manhole provide Backwater Valve per C.P.C.710. &General Notes The de igner preparing thee,owe will not be resporade for b, Fixtures above such elevation shall not discharge through the backwater valve $ dt reeds for en.umplua d,angee to u.e.M thee pan.Al Meng.to the den•mW be In wntl and must be approved by Dan JUKE-2na the paperer of thee•der,. Note: Z onw-By San kwmm � a3 Street Address • Foundation Elevation Must Be 18"(inches)Above Top I Delaware Place p Stew .ddr..numb.-on al Eirmlions a th.,d,Sold Of Curb Or Crown Of Street Unless Engineered Design so By or•goal ant d r ace and arson In accordance v ei etics S a with ad No.1255,sector,15 28 based on deters from&net Provides Equivalent Protection.(1805 CBC Ord. wc:3, _ amendment) --—-- -- -—-- —--—- • Minimum 50%Front Yard Landscaping • Landscape To City Standards Sheol Nombar • All Existing Block Walls to be of Sound Construction and 6'high from Proposed Site Side. �`J�1 P.O 1 sash 1-•10'P 34' 12' 12' 10' Indicate Locaton Of 2 x 12'C'Channel Beam Typical 1 Inisfi Lcti n "x2 " h nel F 0C f Jista 1 " I i Indicate Locafion Of Indicate Location Of indicate Location Of Indicate Location Of 6 x 6 Columns Steel 6 x 6 Columns Steel 6 x 6 Columns Steel 6 x 6 Columns Steel Typical Typical Typical Typical Horse Shed Floor Plan Scale:1/4"=1'-4" Roof Material: Corrugated Metal Sheathing Install Per Manufacturer Specifications Indicate Location Of 2 x 12'C'Channel Beam Indicate Location Of— Indicate Location Of Indicate Location Of Typical 2 x 12'C'Channel Beam 2 x 12'C'Channel Beam 2 x 12'C'Channel Beam Typical Typical Typical O Q r r OQ 00 Indicate Location Of Indicate Location Of Indicate Location Of Indicate Location Of 6 x 6 Columns Steel 6 x 6 Columns Steel 6 x 6 Columns Steel 6 x 6 Columns Steel Typical Typical Typical Typical Side Elevation Typical Front Side Elevation Indicate Location Of Indicate Location Of Indicate Location Of 2 x 12'C'Channet Beam 2 x 12'C'Channel Beam 2 x 12'C'Channel Beam Typical Typical Typical M r W Indicate Location Of Indicate Location Of Indicate Location Of 6 x 6 Columns Steel 6 x 6 Columns Steel 6 x 6 Columns Steel Typical Typical Typical Rear Side Elevation STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT MEETING DATE: March 5, 2019 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: Consideration to recommend approval of a Zoning Ordinance Amendment to the City Council amending the El Paseo Overlay District and the Downtown District to allow professional office type uses on the ground floor fronting El Paseo; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act (CEQA). Recommendation Waive further reading and adopt Resolution No. 2755, recommending approval to the City Council of a Zoning Ordinance Amendment (ZOA) to Section 25.28.040 El Paseo Overlay District (EPOD) and Section 25.18,040 Downtown District (DID), allowing professional office type uses on the ground floor fronting El Paseo in certain locations based on the criteria identified within the Analysis section, and adoption of a Notice of Exemption in accordance with the CEQA. Ei Paseo Merchants Association Action On January 17, 2019, the El Paseo Merchants Association (EPMA) held a meeting to discuss and make recommendations to the City Council regarding allowing office uses on the ground floor fronting El Paseo. The EPMA had a lengthy discussion regarding office uses and generally supporting them throughout the one-mile corridor from Highway 74 to Portola Avenue in certain locations, subject to a Conditional Use Permit (CUP). The EPMA recommended the following: • Allow office uses throughout the one-mile corridor (Highway 74 to Portola Avenue). • No office uses located on corner lots. • No office uses located directly adjacent to one another. • No more than 10% to 20% of ground floor office frontage within each block. • Professional office uses only (no banks or medical). • All office uses subject to a CUP. Executive Summary Approval of staff's recommendation will approve a ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one-mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office March 5, 2019— Planning Commission Staff Report Case No. ZOA 19-0002 Page 2 of 5 uses, and approval of a CUP. The requirements are identified in the Analysis section of this staff report. In order to approve the ZOA, Section 25.28.040 EPOD and Section 25.18.040 DD must be modified. Background On November 15, 2018, the City Council directed staff to develop a ZOA to Section 25.28.040 EPOD and Section 25.18.040 DD to where professional office type uses may be allowed along El Paseo. The City Council also directed staff to contact Gibbs Planning Group to discuss this topic. In December 2018, staff contacted Gibbs Planning Group and Mr. Gibbs stated that based on the adopted El Paseo Master Plan Alternatives, mixing small amounts of professional office uses along the one-mile corridor of El Paseo would benefit the street. Office uses could fill the gaps of vacant storefronts and could provide the street with professionals and business clients during daytime hours who could dine (lunch and happy hour) and shop. He also stated not to oversaturate the street with office uses since they will take away from the City's ultimate goal of a high-end pedestrian-oriented-street with retail and restaurants as the main attraction. Below are his recommendations. • Allow office uses throughout the one-mile corridor (Highway 74 to Portola Avenue). • No office uses located on corner lots. • No office uses located directly adjacent to one another. • No more than 10%to 15% of ground floor office frontage within each block. • Professional office uses only (no banks or medical). If the City desired, to allow some form of office use on the ground floor fronting El Paseo then the following sections of the Palm Desert Municipal Code (PDMC) will require an amendment: 1. Section 25.28.040 El Paseo Overlay District: The EPOD states, "El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses, which may occupy El Paseo street-level commercial frontage constructed after July 1, 1987." The EPOD only allows retail/personal service uses and does not allow office uses unless the building was built prior to 1987. 2. Downtown District Section 25.18.040 Land Use and Permit Requirements: El Paseo is zoned Downtown (D) and Downtown Core Overlay (D-O) within the Downtown District Code. Under the use matrix, it states that office uses are prohibited along El Paseo facing ground floor frontages. G:\Planning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 3 of 5 Discussion The one-mile corridor of El Paseo between Highway 74 and Portola Avenue consists of seven blocks. Staff conducted a field survey and identified 12 existing office uses fronting El Paseo throughout the one-mile corridor. Below is a breakdown showing the type of office uses within each block (north and south sides). • Block 1 — Highway 74 to Ocotillo Drive o North — 0 office uses o South — 0 office uses • Block 2 — Ocotillo Drive to Sage Lane o North — 3 office uses (Dentist, plastic surgery, and travel agency) o South — 0 office uses • Block 3 — Sage Lane to Lupine Lane o North — 2 office uses (Real estate and insurance company) o South - 0 office uses • Block 4 — Lupine Lane to San Pablo Avenue o North — 0 office uses o South — 0 office uses • Block 5 — San Pablo Avenue to Larkspur Lane o North — 0 office uses o South — 0 office uses • Block 6 — Larkspur Lane to San Luis Rey Avenue o North — 1 office use (Real estate) o South — 2 office uses (Real estate and bank) • Block 7 — San Luis Rey Avenue to Portola Avenue o North — 2 office uses (Real estate and bank) o South — 2 office uses (Wealth advisor and real estate) El Paseo currently has a low volume of office uses (12). Staff and the expertise of Mr. Gibbs have concluded that the street could support a limited increase of office uses on the ground floor fronting El Paseo. Analysis Staff is mindful of the City's overall goal for El Paseo to remain a high-end, luxury pedestrian- friendly street and understands the need to allow a small amount of storefront office uses without saturating the street. City staff has analyzed ways to allow office uses throughout the one-mile corridor (capping percentages of building square-footage and linear building frontage, and creating a separation requirement), what type of office uses would be GAPlanning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx March 5, 2019 — Planning Commission Staff Report Case No. ZOA 19-0002 Page 4 of 5 compatible fronting El Paseo, and where the appropriate locations should be. Staff is recommending the following: • No office uses allowed on corner lots. This will preserve El Paseo's intersections, and allow vibrant businesses that engage and interact with the street, such as restaurants and mixed-use developments. • No office uses allowed to abut/neighbor one another. This will help preserve breaks between retail/restaurant businesses and office uses along the street. City staff does not want to create a section of a block that has a large amount of office frontage. • Allow professional offices and office uses that will engage the street. o Professional offices (e.g. accounting, attorneys, and investment firms). o Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). o Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi-government uses. • Require a CUP. This would allow staff and the Planning Commission to review office uses on the type of office use, locations, land use compatibility, and parking. Staff believes that the CUP process would better serve to regulate the amount of office uses more so than the percentages and separation requirements. • Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides). Capping the percentages will help preserve the intent of El Paseo by having more retail/restaurant uses. In order to achieve and implement the recommendations, the following PDMC Sections must be modified. Below are the sections and the added language is in bold font. 25,28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse, but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented use, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Conditional uses. The Planning Commission may, by CUP, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013). GAPlanning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses docx March 5, 2019— Planning Commission Staff Report Case No. ZOA 19-0002 Page 5 of 5 1. The type of office professional uses that may be allowed. a. Professional offices (e.g. accounting, attorneys, and investment firms). b. Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). c. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi-government uses. d. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay(D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Staff is proposing to add the following language to Footnote 1, "Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District'. Environmental Review For the purposes of CEQA, the Director of Community Development has determined that the proposed project will not have a significant negative impact on the environment and staff has prepared a Notice of Exemption, which is attached as part of this report and filing is in accordance with CEQA Guidelines. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIE CITY MANAGER N/A N/A N/A yan Stendell Robert W. Hargreaves Director of Community Janet Moore Lauri Aylaian City Attorney Development Director of Finance City Manager ATTACHMENTS: 1. Draft Resolution No. 2755 2. Notice of Exemption 3. Legal Notice 4. Draft Amendments to Sections 25.28.040 and 25.18.040 G:\Planning\Kevin Swartz\Word\EI Paseo\PC Staff Report Zoning Change for Office Uses.docx PLANNING COMMISSION RESOLUTION NO. 2755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.28.040 EL PASEO OVERLAY DISTRICT (EPOD) AND SECTION 25.18.040 DOWNTOWN DISTRICT (DD), ALLOWING PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO IN CERTAIN LOCATIONS; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of March 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval to the City Council of the above noted; and WHEREAS, the El Paseo Merchants Association of the City of Palm Desert, California, did on the 17th day of January 2019, hold a duly noticed public hearing to consider the request by the City of Palm Desert and recommended approval of the above noted; and WHEREAS, establishing an Ordinance to allow office professional type uses on the ground floor fronting El Paseo throughout the one-mile (Highway 74 to Portola Avenue) corridor. The Zoning Ordinance Amendment (ZOA) provides criteria on where office uses will be permitted, the type of office uses, and requires the approval of a Conditional Use Permit (CUP); and WHEREAS, the Planning Commission of the City of Palm Desert, in reviewing all the facts and any testimony given adopts the following as its Findings in recommended approval of the Zoning Ordinance Amendment to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance bring the documents into conformity with the adopted General Plan. PLANNING COMMISSION RESOLUTION NO. 2755 SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt amendments as shown in Exhibit "A" and Exhibit "B" which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 4. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Ordinance have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of allowing office uses will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 51h day of March 2019, by the following vote, to wit: I V" j lljlli�i"` AYES: NOES: ABSENT: ABSTAIN: RO N G R E G O RY, CHAIR ATTEST: ',,ll�,��i��i�" II��f RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc PLANNING COMMISSION RESOLUTION NO. 2755 Exhibit "A" 25.28.040 El Paseo Overlay District A. Intent and purpose. This section includes properties between Highway 74 and Portola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district. The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses, which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of uses, which may occupy El Paseo ground floor commercial frontage. B. Permitted uses. The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. oi�lllllllllll�lil''" ("��I,i I.i 3. Clothing and apparel shops. �I l 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques (including small antiques). 6. Jewelry shops. 7. Liquor, beverage, and food item shops. 8. Luggage shops. 9. Personal care/products shops and services (including barbering and cosmetology). I 10. Restaurants. J11III.I. 11. Sundries shops (general merchandise). I, Id l C. Conditional uses. The Planning Commission may, by a Conditional Use Permit, approve office professional uses located on the ground floor fronting El Paseo between Highway 74 and Portola Avenue if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 § 7, 2017; Ord. 1277 § 5, 2014; Ord. 1259 § 1, 2013) 1. The type of office professional uses that may be allowed. A. Professional offices (e.g. accounting, attorneys, and investment firms). B. Offices engaged in the production of intellectual (e.g. advertising, architectural, photography, and travel agency). C. Prohibited uses include and are not limited to medical offices, financial institutions, utility companies, or quasi-government uses. D. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sides), per the exhibit on file with the Department of Community Development/Planning Division. GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc PLANNING COMMISSION RESOLUTION NO. 2755 Exhibit "B" 25.18.040 Downtown District Under Land Use and Permit Requirements within the matrix table for Office Professional under the Downtown (D) and Downtown Core Overlay (D-O) is Footnote 1 that states, "Uses prohibited along El Paseo facing ground floor frontage." Staff is proposing to add the following language to Footnote 1, "Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District." , it'll ,. i (l�,i'i�III ICI 011111, ',19i1u; � ,I, ��f✓I�E�����yNl,j,1,,l, „�I,jj��1;I�N���' ���Iipilill�l!�!IIIII�h,I�I ,�I�.I'� 'li��,�••� N� N�III��;II�;�� I� ,I�jINII�I III I I'I �I�!j i i' ill!I I 1 it ,,i.�Il�lli i l��l 4'II�(LI�II�Iji GAPlanning\Kevin Swartz\Word\EI Paseo\PC Reso 2755 Office Uses.doc NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive P. 0. Box 3044, Room 113 Palm 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 round floor fronting Paseo throe hout the one-mile 1. Project Title: ZOA to allow office professional type uses on the 9 9 9 (Highway 74 to Portola Avenue) corridor. 2. Project Applicant: City of Palm Desert 3. Project Location — Identify street address and Citywide Zoning Ordinance Amendment applied to: cross streets or attach a map showing project El Paseo (Highway 74 to Portola Ave) 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 I Approval of staffs recommendation will approve a beneficiaries of Project: ZOA to allow office professional type uses on the ground floor fronting El Paseo throughout the one-mile (Highway 74 to Portola Avenue) corridor. The ZOA provides criteria on where office uses will be permitted, the type of office uses, and approval of a CUP. In order to approve the ZOA, Sections 25.28.040 EPOD and Section 25.18.040 DID must be modified. i 6. Name of Public Agency approving project: ; City of Palm Desert 7. Name of Person or Agency undertaking the I City of Palm Desert project, including any person undertaking an activity that receives financial assistance i from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines§ 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res. Code §21080(b)(4); State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. CEQA Guidelines Section 15061(b)(3)that CEQA State type and section only applies to projects that have the potential for number: i causing a significant effect on the environment. (e) ❑ Declared Emergency. (Pub. es.R Code§ ( )( )21080 b 3 ; State CEQA Notice of Exemption FORM"B" Guidelines § 15269(a)) (fj ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: j 9. Reason why project was exempt: Project is consistent with the City's general plan and the overlay district will not have an immediate or negative effect on the environment. Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. 10. Lead Agency Contact Person: Kevin Swartz, Associate Planner Telephone: (760) 346-0611 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form "A") before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No ❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes ® No ❑ If yes, the date of the public hearing was: March 5, 2019 Signature: Date: Title: SSoc",(A c-', ® Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. Notice of Exemption FORM "B" CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 19-0002 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER APPROVING A ZONING ORDINANCE AMENDMENT TO THE CITY COUNCIL AMENDING THE EL PASEO OVERLAY DISTRICT AND THE DOWNTOWN DISTRICT TO ALLOW PROFESSIONAL OFFICE TYPE USES ON THE GROUND FLOOR FRONTING EL PASEO; AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City of Palm Desert (City), in its capacity as the Lead Agency under the California Environmental Quality Act (CEQA), has determined that this Zoning Ordinance Amendment (ZOA) is exempt from CEQA review pursuant to Section 15060(c)2 and Section 15061(b)3 in that the ZOA to allow office uses on the ground floor will not result in a direct impact to the built environment. Therefore, the Director of Community Development is recommending that the Planning Commission adopt a Notice of Exemption under the CEQA guidelines. Project Location: El Paseo between Highway 74 and Portola Avenue Project Description: The ZOA will allow office professional type uses on the ground floor fronting El Paseo throughout the one-mile (Highway 74 to Portola Avenue) corridor. Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the changes to the Zoning Ordinance, and allow the item to move forward to a public hearing with the City Council. Public Hearing: The public hearing will be held before the Planning Commission on March 5, 2019, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period for this project is from February 23, 2019, to March 5, 2019. Public Review: The ZOA is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk February 23, 2019 Palm Desert City Council 25.28.040 El Paseo Overlay District A. Intent and purpose This section_includes proocrties between_,Highway,.74 and �rtola Avenue. El Paseo is designed as a pedestrian specialty retail/personal services district.The success of a pedestrian commercial district is dependent upon the creation and maintenance of a continuous succession of diverse but compatible businesses which attract and sustain pedestrian interest. To encourage this continuous pattern of pedestrian-oriented uses, this chapter shall regulate the type of new uses which may occupy El Paseo ground floorstreet-lure! commercial frontage:co+istructed after July 1,_-1987. B. Permitted uses.The following retail/personal service uses shall be liberally construed to be permitted uses within the El Paseo pedestrian commercial overlay: 1. Art galleries. 2. Book and card shops. 3. Clothing and apparel shops. 4. Furniture stores and home furnishings. 5. Gift and accessories boutiques(including small antiques). 6. Jewelry shops. 7. Liquor,beverage,and food item shops. 8. Luggage shops. 9. Personal care/products shops and services (including barbering and cosmetology). 10. Restaurants. 11. Sundries shops(general merchandise). C. Conditional uses.The Planning Commission may,by conditional use permit, approve office professional commemial uses located on the ground_fiogr fronting-El Paseo between Highway 74 and Portola Avenue not listed above if they are determined to be compatible with the intent and purpose of this chapter. (Ord. 1324 §7,2017;Ord. 1277§5,2014;Ord. 1259§ 1,2013) -- 1. .The type of office professional uses that maybe allowed. Formatted:Font:Not sold a. Professional offices(e.g.accounting,attorneys and investment firms). b. Offices engaged in the production of intellectual (e.g. advertising, architectural,photography,and travel a,eq ncy)• c. Prohibited uses include and are not limited to medical offices financial institutions, utility companies,or quasi-government uses d. Outdoor storage of materials is prohibited. 2. Office uses shall not be located on corner lots. 3. Office uses shall not abut/neighbor one another. 4. Office uses shall not occupy more than 15% of total linear building frontage within each block (north and south sidesj, per the exhibit on file with the Department of Community Development/Planning Division. Formatted:List Paragraph,Indent Left: 0.69" .l Formatted:Font:(Default)Aria[,12 pt,Font color Black Formatted:List Paragraph,Indent:First line: 0.1", Numbered+Level:1+Numbering Style:1,2,3,...+ Start at:1+Alignment:Left+Aligned at: 0.33"+ Indent at: 0.58" LAND USE AND PERMIT REQUIREMENTS TABLE 25.18-1.USE MATRIX FOR DOWNTOWN ►ISTRICTS (CONTINUED Land Use Zone Special Use � �.�.�•.� DE DE`O Provisions • • Accessory massage establishments P P P N 25.34.160 Ancillary commercial N N A N 25.16.040.E Art gallery P P P A Art studio P P' A A Book and card shops P P N N Bed and Breakfast N N C C Clothing and apparel shops P P P N Convention and visitors bureau P' P' C N Drugstore P' P' N N Financial institution P' P' C N Furniture stores and home furnishings P P P N Gift and accessories boutiques(inicuding small P P P N antiques) Grocery Store<35,000 SF C' C' N N Health club,gyms or studios C'-2 C',z C2 N Hotel C C C C Independent stand-alone massage establishments P' P' C N 25.34.160 Jewelry shops P P P N Liquor store P' P' N N Liquor,beverage and food items shop P' P' N N Luggage shops P P P N Medical,clinic P' P' P N Medical,office P' P' P N Medical,hospital P' P' C C Medical, laboratory N N P N Mortuary C' C' N N Office,professional P' P' P C 25.10.040.M Office,local government P' P' P N Office,neighborhood government N N N C Office,travel agency P' P' P N 25.10.040.K Outdoor sales A' A' A N P = use permitted by right a The establishment may be permitted with an administrative use A = use requires administrative use permit permit but may beelevated to a conditional use permit at the C = use requires approval of conditional use permit discretion of the ZA based on:parking,traffic,orother impacts. N = use not permitted 1 Uses prohibited along El Paseo facing ground floor frontage, Office, professional uses may be allowed subject to Section 25.28.040 El Paseo Overlay District. CITY OF PALM DESERT PLANNING COMMISSION STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: March 5, 2019 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration to recommend approval of a Zoning Ordinance Amendment to the City Council amending the City's Zoning Map to expand the Downtown Core Overlay District to select parcels located along El Paseo and Highway 111; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Recommendation Waive further reading and adopt Planning Commission Resolution No. 2756, recommending approval to the City Council of Zoning Ordinance Amendment 19-0001 to apply the Downtown Core Overlay zoning district to parcels identified in Exhibit A of the resolution; and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act. Background Analysis In November 2017, the City Council adopted an update to the City's General Plan to guide the vision and policymaking decisions for the next few decades. As part of that update, the One Eleven Development Code and subsequently, in June 2018, the City Council adopted a comprehensive Zoning Ordinance and Zoning Map to be consistent with the land uses identified in the General Plan. As part of these actions, a "Downtown District" was identified for the area generally bounded by Alessandro Drive to the north, Shadow Mountain Drive to the south, Deep Canyon Drive to the east, and Monterey Avenue to the west; inclusive of properties along Highway 111 and El Paseo. The Downtown Core Overlay (D-O) has been applied to parcels located at most signalized intersections along the Highway 111 and El Paseo corridor. Since the time of adoption, City staff has continuously reviewed the Zoning Ordinance and Zoning Map for appropriateness and consistency with the General Plan. As such, staff has prepared a Zoning Map update to expand the D-O to additional parcels at signalized intersections and parcels that are adjoining existing D-O zoned parcels. Project Description The proposed amendment to the Zoning Map expands the City's D-O zoning district to specific parcels located within the Downtown District. Parcels identified by staff for the expansion are either: March 5, 2019 — Staff Report ZOA 19-0001: Downtown Core Overlay Zone Page 2 of 2 • Located at a signalized intersection along Highway 111 of El Paseo. • Are contiguous to existing D-O parcels. With the exception of the post office site at the southeast corner of Portola Avenue and El Paseo, the parcels identified for the expansion of the D-O are all currently zoned "Downtown (D)". The D-O differs in from the D zoning district in that: • It allows the potential for a four- and five-story building. • Prohibits ground floor residential uses. Staff has initiated this amendment per municipal code section 25.02.040(B)(3) as it will better implement the General Plan goals and objectives. Environmental Review The Director of Community Development has determined that the proposal to amend the Zoning Ordinance for the expansion of the D-O Zone will not have an impact on the environment. Any development proposal that qualifies under the overlay zone will require an environmental review as part of the review of that project. Findinqs 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 Planning Commission Resolution No. 2756, attached to this staff report. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A N/A N/A Robert W. Hargreaves Ryan Stendell Janet Moore Lauri Aylaian City Attorney Director of Community Director of Finance City Manager Development ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2756 2. Public Hearing Notice 3. Notice of Exemption 3. Exhibit A — Downtown Core Overlay Zone Expansion Map \\srv-fil2k3\groups\Planning\Eric Ceja\Case Files\ZOA\ZOA 19-0001 Downtown Core Exp\PC Staff Report(ZOA).doc PLANNING COMMISSION RESOLUTION NO. 2756 A RESOLUTION BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A ZONING ORDINANCE AMENDMENT TO EXPAND THE DOWNTOWN CORE OVERLAY DISTRICT TO SELECT PARCELS LOCATED ALONG HIGHWAY 111 AND EL PASEO; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NO: ZOA 19-0001 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 51h day of March 2019, 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 changes to the City's Zoning Map are consistent with the adopted General Plan as all parcels identified for the Downtown Core Overlay expansion are located within the Downtown District of the General Plan; 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 and changes to the City's Zoning Map to the City Council: SECTION 1. Findings. The Planning Commission of the City of Palm Desert hereby finds that: A. The City of Palm Desert (the "City"), California, is a municipal corporation, duly organized under the constitution and laws of the State of California. B. The Planning and Zoning Law authorizes cities to establish zoning ordinances and zoning maps to address land use designations and property regulations for development. C. The Planning and Zoning Laws require cities to make General Plan and Zoning standards consistent in order to remove ambiguity and conflicting policies and that the proposed amendments to the Zoning Ordinance and Zoning Map bring the documents into conformity with the adopted General Plan. SECTION 2. Zoning Ordinance Amendment. The Planning Commission of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt amendments to the City's Zoning Map to expand the Downtown Core Overlay District as shown in Exhibit "A" which is attached hereto and incorporated herewith. SECTION 3. Zoning Map 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 changes to the City's Zoning Map which updated land use designations to certain properties to make them consistent with land use designations approved in the General Plan which is attached hereto and incorporated herewith as Exhibit A. PLANNING COMMISSION RESOLUTION NO. 2756 SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this resolution or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 5. California Environmental Quality Act Finding. The Planning Commission of the City of Palm Desert finds the changes to the Zoning Map have been reviewed and considered and it has determined that any environmental impacts associated with the changes have been sufficiently reviewed by the Environmental Impact Report prepared as part of the General Plan Update, and the expansion of the Downtown Core Overlay Zone will not have a direct physical impact to the environment and that all future development within the Downtown District will be reviewed in accordance with CEQA. 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 to the City Council of ZOA 19-0001. glllli!UJllq, iIIVIIhIIgIIV!�"'' Iiilillllllll�i!liilljlgp PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of March 2019, by the following vote, to wit: tiilj�l . li — ��,�I;.I i 'I� IIIIIIII VII!dillllllllll AYES: llll111!II!1;181111II IIII I I G II I I IIII NOES: �Illl�i 11 l; I Illlp' ABSENT: (III ABSTAIN: ,,Jill RON GREGORY, CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 A ,r PSI Y 0 1 P 0 1 M 0 1S P 73-5Io FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i i i info@cityofpalmdesert.org January 30, 2019 Property Owner Re: Changes to your Properties' Zoning Designation / Classification Dear Property Owner: The City of Palm Desert is notifying you, the property owner, of a proposed "Change of Zone" to your property. Under the City's General Plan your property is designated as "Downtown" and zoning designations throughout the downtown district were updated for consistency in 2017. To better align certain properties with the General Plan the Planning Division of the City of Palm Desert has initiated a change of zone proceeding. The proposed change would up-zone your property from its current designation of"Downtown District (D)" to "Downtown Core Overlay (D-O)". The change in designation would allow for greater flexibility for future development proposals; allowing a fourth-story of building height and restricting ground-floor residential units. The Planning Department would appreciate your feedback on the proposed Change of Zone by February 7, 2019. Should you have any questions regarding this proposal please contact me directly at (760) 346-0611 x384. Sincerely, Eric Ceja, Principal Planner cc: Ryan Stendell, Director of Community Development Attachments: Potential Downtown Core Overlay District Expansion Map w ��color=_o on e[cvueo v2ren . - ,...■nnu�u �x .. u1 ia, 1 1� ' _■ Q 1 I,■■ �n ninl uu � ° • y • � nwon *• t / o ii �i ��■■ii ■■ ■�■ ■■■aW 1111■1 ■n rr■■■ ■ , lu,xi n4a ■lam r► a Ni ♦ t Him ON p •■I / ■o„� ' n ■� �nu nYi �r i■ ■ � w•■u = �d N � IIu,� 1■ ■ e ., r ■■ ■i All _C QC._M�_ ■■■N�■// ■ o �� r I�un • n • %:. 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BI !III■ ■�p� alit �,P a ■I h ur ' C4�,a •.'I'•.� S� i$9�Jt9tilt■�i■9Sf■■�_■�i���� m ■ ■ ' ■ /111 uI h■ ,� t� '- � o e - .a reti�rr '�+� ■w-■ Inm■ w r.ow■ ■ ■ ,hII q•Irrg1 • a �: � w■■■■■■■■■■■■■!■■�■ �► ,: m uwn� ur I II �n� 1 0 ■AN r■®� o ■ ■I r ■r11 /� nw■ On■In _ u■iil \I r �11St•� ., � ■■■■■■■■■ ■ va.,Y w u ��NI I I �■■ ■ f, . 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: Zoning Ordinance Amendment to expand the Downtown Core Overlay District to selected parcels along Highway 111 and El Paseo. 2. Project Applicant: City of Palm Desert 3. Project Location—Identify street address and Citywide Zoning Ordinance Amendment applied to: cross streets or attach a map showing project site APNs: 627-192-014, 627-192-034, 627-192-035, 627- (preferably a USGS 15' or 7 1/2' topographical i 192-036, 627-231-002, 627-231-018, 627-232-009, map identified by quadrangle name): ; 627-192-037, 627-201-021, 627-192-024, 627-120- 015, 627-212-005, 627-212-006, 627-262-012, 672- 262-004, 627-212-016, 627-221-004, 627-271-015, 627-271-006, 627-272-005, 627-222-055, 627-222- 044, 625-111-024, 625-111-020, and 625-131-007. 4. (a)Project Location—City:Palm Desert (b) Project Location—County:Riverside 5. Description of nature,purpose,and beneficiaries The City of Palm Desert adopted the One Eleven of Project: Development Code in 2017 to be consistent with the City's General Plan.The code created four"downtown"zoning districts that were applied to parcels along the Highway 111 and El Paseo corridors.The expansion of the"Downtown Core Overlay"to select parcels along the corridors is consistent with the Development Code and the General Plan. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the City of Palm Desert project,including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub.Res.Code§21080(b)(1);State CEQA Guidelines§ 15268) (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub.Res.Code§21080(b)(4);State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. CEQA Guidelines Section 15061(b)(3)that CEQA only State type and section number: I applies to projects that have the potential for causing a significant effect on the environment. Notice of Exemption FORM `B" (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 the overlay district will not have an immediate or negative effect on the environment.Individual development proposals that utilize the overlay district will be evaluated separately in accordance with CEQA guidelines. 10. Lead Agency Contact Person: Eric Ceja,Principal Planner Telephone: (760)346-0611 11. If filed by applicant:Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ® No❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑ If yes,the date of the public hearing was:March 5,2019 Signature: Date: Title: ®Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108,21152,and 21152.1,Public Resources Code. 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