HomeMy WebLinkAbout306063 I I y 01 P H M 0 1 1 N I
73-51 o FRED WARING DRIVE
PALM DESERT, CALIFORNIA 9226o-2578
- TEL: 760 346—o6ii
FAX: 760 341-4564
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
December 2, 2015
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Subject: Recommendation to the City Council to Adopt Zoning Ordinance
Amendment 15-03 to Repeal Section 25.72.040 and to Establish
Section 25.78.080 for Specific Plans, and Make Minor Amendments to
Section 25.28.060, 25.28.070, 25.60.060, and 25.99.020 to Make Them
Consistent with the New Specific Plan Ordinance
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of December 1, 2015:
The Planning Commission granted approval of Case No. ZOA 15-03 by
adoption of Planning Commission Resolution No. 2659. Motion carried by
a 5-0 vote.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Tony Bagato, Acting Secretary
Palm Desert Planning Commission
cc: File
Building & Safety Department
Public Works Department
Fire Marshal
�,PRINTED ON RECYCLED PAPER
PLANNING COMMISSION RESOLUTION NO. 2659
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
TO APPROVE A NOTICE OF DETERMINIATION OF A NEGATIVE
DECLARATION FOR AN ORDINANCE AMENDMENT TO REPEAL PALM
DESERT MUNICIPAL CODE SECTION 25.72.040 "DEVELOPMENT
PLANS" AND ADOPT A NEW MUNICIPAL CODE SECTION 25.78.080
"SPECIFIC PLANS" AND MAKE MINOR AMENDMENTS TO MUNICIPAL
CODE SECTIONS 25.28.060, 25.28.070, 25.60.060, AND 25.99.020 TO
REFLECT THE NEW SPECIFIC PLAN ORDINANCE
CASE NO: ZOA 15-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of December, 2015, hold a duly noticed public hearing to consider the request by the
City of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California has
determined that Section 25.72.040 "Development Plan" creates a redundant application
process already covered by the City's precise plan application process; and
WHEREAS, establishing a Specific Plan Ordinance provides the City an additional
planning tool for the initiation, review and processing of larger, more complex, development
proposals; and
J WHEREAS, amendments to Section 25.28.060 "Planned Community Development
Overlay District," Section 25.28.070 "Freeway Commercial Overlay District," Section 25.60.060
"Public Hearing and Public Notice," and Section 25.99.020 "Land Use Definitions" are minor in
nature and reflect changes implemented by the removal of the Section 25.27.040
"Development Plan" and the addition of Section "25.78.080 "Specific Plans;" and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act," Resolution
No. 2015-75, the Director of Community Development has determined that the project will not
have a negative impact on the environment and has prepared a Notice of Determination of a
Negative Declaration in accordance CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify the recommendation to the City
Council of said request:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2659
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 15-03 as proposed.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 1" day of December 2015, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
K N STE ELL, CHAIRPERSON
ATTEST:
TONY BAGATO, ACTING SECRETARY
PALM DESERT PLANNING COMMISSION r�
wig
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PLANNING COMMISSION RESOLUTION NO. 2659
EXHIBIT A
25.78.080 Specific Plans
A. Purpose. The purpose of this chapter is to establish a process for preparing,
processing, reviewing, adopting, and amending specific plans in compliance with
State law (Government Code Section 65450 et. seq.). When required by subsection
C of this Section, the General Plan, or this title to systematically implement the
General Plan for any part of the City, a specific plan shall be prepared, processed,
approved and implemented, or disapproved, either by resolution or ordinance, and in
compliance with this Chapter. Specific plans may be required for the development of
properties as identified in the City's Zoning Ordinance.
B. Applicable State Law. Specific plan applications and documents shall be prepared
and submitted in compliance with California Government Code Section 65450 et.
seq. Specific Plans shall be considered by the Planning Commission with a
recommendation to the City Council. The Council may act either by resolution or
ordinance and may amend the specific plan as often as deemed necessary by the
Council.
C. Specific Plan Required. Specific plans shall be required for development in certain
districts, as referenced in the Zoning Ordinance, including but not limited to, the
City's Planned Community Development (PCD) Overlay District and the Freeway
Commercial Overlay (FCOZ) District.
D. Initiation. A specific plan or specific plan amendments may be initiated by the
following:
1. The Council.
2. The property owner or property owner's agent.
3. The Commission; or
4. The Director.
E. Required Findings. The following findings shall be made by the Council prior to
approval of any specific plan or specific plan amendment:
1. Consistent with the General Plan. The specific plan or amendment is
consistent with the goals, objectives, and policies of the General Plan.
2. Public Welfare. The specific plan or amendment will not create conditions
materially detrimental to the public health, safety, and general welfare.
3. Land Use Compatibility. The specific plan or amendment is compatible with
zoning on adjacent properties, and ensures development of desirable
character that will be harmonious with surrounding properties.
4. Property Suitability. The specific plan or amendment is suitable and
appropriate for the location, access, and topography for the development of
the subject property.
5. CEQA. The specific plan or amendment has been reviewed in compliance
with the provisions of the California Environmental Quality Act.
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PLANNING COMMISSION RESOLUTION NO. 2659
EXHIBIT B
25.28.060 Planned Community Overlay District
A. Purpose and applicability. The Planned Community Development (PCD) Overlay
district allows the Council to establish IaW areas for coordinated land use, and
maste specific planning purposes that may include multiple properties. Appreval of
a Develepment pr-r-IlaR Specific plan approval, as outlined in Section `25.7L�0
25.78.080, is required for the development in the PlaRRed rllmml n4Y
Overlay dis of parcels within the PCD Overlay district.
B. Requirements.
1. Site area. A minimum of 4-99 10 acres shall be required for a planned
community development.
2. Mastex Specific plan required. Any application for a plaRned Gemmunity the
development of a parcel(s) in the PCD overlay zone shall be accompanied by
a master specific plan for the entire area covered by the application. The
specific plan shall be prepared in accordance with Section 25.78.080 of the
City's Zoning Ordinance.
3. Ownership. All land in a proposed overlay zone shall be held in erne single
ownership or under unified control or have the written consent or agreement
of all owners of property proposed for inclusion in the overlay zone.
4. Utilities. The existing utility systems (water, sewer, drainage, electrical, gas,
and communications facilities) shall be adequate, or new systems shall be „r
designed and constructed to adequately serve the development. Master plans
for utility systems may be required along with the application for the PCD
overlay zone if determined necessary by the Director.
C. Application. A Change of Zone application to apply the overlay zone to a property
or properties shall be submitted by the owner, his or her authorized agent, or the
purchaser of the land(s) with the consent of the owner. The application shall be
accompanied by a master specific plan application prepared by a qualified team of
professionals, such fees as may be established by the City Council, and other
information as required by the Director.
O. Prosed
the eMM E;6!Gi--ItRd$theGrteria set forth in this nhapter
25 7R 080 have been mot it may establish the erin . -snno ihiont to S inh
GonditieRs as I —deems ReGessary. The—C^v $I'GR may—denim'she
applTeations—if finds aRy—of the—eriteria ha-veRet been met, er that the
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PLANNING COMMISSION RESOLUTION NO. 2659
health,
safety, or welfare
r
3.
(change of Zene and Cnonifin Pl-a
25.78.080, gi may approve, agnreye with mGd jTFGatiE)R,S, e.r--de„y the
lin annation The deni inn of the Counnil shall be final 1
E. Termmnation of overlay zone
i The everlay Znne and any master sneGifin plan or other material annreyedas
d'str'Gt iS RvnreGmrmreRGed within tWe (2) years from date of the
reselutinn establishing the zone
2. An—exteRSion of time not to eXGeed eRe year,m y he granter- by the
CvvMMOSS'eR when eccenuatoRg— ,ireumstaTEeSGan be Gllearly shnWn by the
app"Gant. The request fer aR exteRGOeR of time shall be submitted to the
GE) inn in Writing prior to the evniratinn date and shall_el_early e.
re nn why the nhy in I rleyelnnment of the 6Strint has net oommenGedand
,,nh overlay Znne has not been ,,til4erf
3. Partial physiGal develepmeRt within the overlay and/er master spec;ific- plaR
}irhr`�` T it in thethe form of a manning amendment is required 4n alter the
boundaries, master plan, rl or deyelnnment stanarrls er sner�
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PLANNING COMMISSION RESOLUTION NO. 2659
EXHIBIT C
25.28.070 Freeway Commercial Overlay District
A. Purpose and applicability. The purpose of the Freeway Commercial Overlay Zone
(FCOZ) district is to provide optional standards and incentives for the development
of a variety specific types of commercial uses on commercially zoned properties with
freeway frontage, and/or properties within one signalized intersection of an
interchange and intersecting cross street. Whenever the FCOZ has been added to a
base zone, the owner/applicant may choose whether to use the optional FCOZ
standards or the standards of the base zone. In order to obtain approval of uses eely
conditionally permitted in the FCOZ, the project must utilize FCOZ standards
have an approved specific plan.
B. Conditional uses. Uses permitted by approved conditional use permit shall
as follows:
1. Restaurants, general, including drive-through restaurants.
2. Automobile service stations without regard to the required separation
distance provisions per Section 25.34.090 (Automotive Service Stations).
3. Convenience stores.
4. Car washes.
5. Combinations of two or more of the above uses.
6. Hotels per Section 25.34.070 (Hotels).
7. Commercial recreation and amusement establishments.
8. Mini storage.
9. Outdoor recreational vehicle and boat storage.
C. Development standards. Prejeets FrepOsed under this Ghapter shall be master
planned and the master plan shall be appreved by the GGmmiss1E)R-J3+ieF te any
Prior to development of vacant parcel(s) within the FCOZ, the
Council shall concurrently approve a specific plan, a precise plan application and a
conditional use permit for any of the proposed uses listed above. For existing
commercial developments with no approved specific plan, the applicant may apply
for a precise plan and conditional use permit for any of the proposed uses listed
above. Approval of these applications is subject to the following standards:
1. Develepment of iRdividual prejeGtS within the approved master plan shall be
PFOGessed through the nrenise plan nrnaes
2. Property te be master plaRRed shall be at least 5 aGFGs in size andd shall have
frontage nn a designated arterial street.
3. Drive-up lanes and window facilities shall be designed in a manner that they
are not visible from an arterial street.
4. Development standards shall generally be flexible to ensure efficient site
planning and to foster the creation of attractive developments.
5. Automobile service stations shall comply with the requirements of Section
25.34.090 (Automotive Service Stations).
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PLANNING COMMISSION RESOLUTION NO. 2659
6. Specific plan documents shall be approved in accordance with Section
25.78.080 of the Zoning Ordinance.
D. Required on-site parking. The required number of parking spaces for a combined
development shall be cumulative for all proposed uses. The Commission may
reduce the required parking where it is clearly demonstrated that a shared use will
occur (i.e., a restaurant which serves a hotel), or with a showing of good cause, the
Commission may increase the number of parking spaces required.
E. Setbacks. Setbacks shall be as prescribed in the base zone and/or automobile
service stations pursuant to Section 25.34.090 (Automotive Service Stations) and/or
as approved in the specific plan document.
F. Landscaping. All master planned commercial projects approved through the FCOZ
process shall provide a minimum of at least 30 percent landscaped open space, of
which at least half of the common usable public space can include a picnic area, a
dog park, or a kids land, as well as landscaped setback areas. With a showing of
good cause, the Commission may decrease the minimum landscaped open space
requirement.
� M
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PLANNING COMMISSION RESOLUTION NO. 2659
EXHIBIT D
25.60.060 Public Hearing and Public Notice
A. Public hearing required. The following procedures shall govern the notice and
public hearing, where required pursuant to this title. The designated approving
authority shall hold a public hearing to consider all applications for a conditional use
permit, variance, architectural review, precise plan, planned development, Master
plaR, specific plan, zoning code and/or map amendment, pre-zoning, development
agreement, and General Plan amendment considered by the Commission or
Council.
B. Notice of hearing. Pursuant to California Government Code Sections 65090 to
65094, not less than 10 days before the scheduled date of a hearing, public notice
shall be given of such hearing in the manner listed below. The notice shall state the
date, time, and place of hearing, identify the hearing body, and provide a general
description of the matter to be considered and the real property which is the subject
of the hearing.
1. Notice of public hearing shall be published in at least one newspaper of
general circulation in the City.
2. Except as otherwise provided herein, notice of the public hearing shall be
mailed, postage prepaid, to the owners of property within a radius of 300 feet
of the exterior boundaries of the property involved in the application, using for
this purpose the last known name and address of such owners as shown
upon the current tax assessor's records. The radius may be increased as
determined to be necessary and desirable by the Director based on the
nature of the proposed project. If the number of owners exceeds 1,000, the
City may, in lieu of mailed notice, provide notice by placing notice of at least
one-eighth (1/8) page in one newspaper of general circulation within the City.
3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of
the subject real property or the owner's authorized agent and to each local
agency expected to provide water, sewerage, streets, roads, schools, or other
essential facilities or services to the proposed project.
4. Notice of the public hearing shall be posted at City Hall.
5. Notice of the public hearing shall be mailed to any person who has filed a
written request for notice.
6. In addition to the notice required by this section, the City may give notice of
the hearing in any other manner it deems necessary or desirable.
C. Notice of Zoning Administrator decision.
1. Notice. The notice of decision shall be provided, in writing, to the applicant,
interested parties, neighborhood associations within proximity of the subject
site, and properties within 300 feet of the property. The notice shall include:
i. A brief statement explaining the criteria and standards considered 191
relevant to the decision.
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PLANNING COMMISSION RESOLUTION NO. 2659
ii. A statement of the standards and facts relied upon in rendering the
decision.
iii. Findings as listed for each entitlement or justification for the decision
based on the criteria, standards, and facts set forth.
iv. An explanation of appeal rights and appeal deadlines.
2. Decision. The ZA may approve, approve with conditions, or deny the
application. Decisions shall be based on standards and criteria set forth within
this code and shall be accompanied by brief, written findings and a
determination.
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
D. Requests for notification. Any person who requests to be on a mailing list for
notice of hearing shall submit such request in writing to the Department. The City
may impose a reasonable fee for the purpose of recovering the cost of such
notification.
E. Receipt of notice. Failure of any person or entity to receive any properly issued
notice required by law for any hearing required by this title shall not constitute
grounds for any court to invalidate the actions of a designated approving authority for
which the notice was given.
F. Hearing procedure. Hearings as provided for in this chapter shall be held at the
date, time, and place for which notice has been given as required in this chapter.
�. The approving authority shall conduct the public hearing and hear testimony from
interested persons. The summary minutes shall be prepared and made part of the
permanent file of the case. Any hearing may be continued to a date certain. If the
hearing is not continued to a specific date/time, then the hearing shall be re-noticed.
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PLANNING COMMISSION RESOLUTION NO. 2659
EXHIBIT E
25.99.020 Land Use Definitions
A. Specific Plan. A detailed plan covering a selected area of the City for the purposes
of implementation of the General Plan, while also providing flexibility in development
standards, innovative land uses and developments, and a variety of housing and
other development types definite statement adepted-by erdiRanGe ef PGliGies,
pursuant to the
requirements of the Government Code of the state.
B. Planned Development. A development of parcels of land as a coordinated project
which has been developed according to an approved
plan. Adequate control of the development is provided in order to maintain aesthetic
values and to protect the investment of developers as well as the community as a
whole. Planned developments may be residential, commercial, or industrial in nature
or a combination of any two or more.
C. Planned Unit Development industrial. A development of industrial parcels of land
as a coordinated project which has been developed according to an approved
specific plan. Adequate control of the development is provided in
order to maintain aesthetic values and to protect the investment of developers as
well as the community as a whole.
D. Planned Unit Development residential. A development of residential parcels of
land as a coordinated project which has been developed according to an approved
specific plan. Adequate control of the development is provided in
order to maintain aesthetic values and to protect the investment of developers as
well as the community as a whole.
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