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Home My WebLink About320917 CIT Y 0 1 P 0 1 M 0 1 1 N T 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6i i info@cityofpalmdesert.org PLANNING COMMISSION MEETING NOTICE OF ACTION March 22, 2017 Lumar Devco, LLC 3835 Birch Street Newport Beach, California 92660 Subject: Recommendation to the City Council to Approve a Zoning Ordinance Amendment to Section 25.16.04H "Specific Use Standards" to Allow Drive-through Restaurants on Arterial Streets with a Freeway Interchange and within One and a Half (1'/2) Miles of the Northern City Boundary The Planning Commission of the City of Palm Desert considered your request and took the following action at its regular meeting of March 21, 2017: The Planning Commission approved a recommendation to the City Council to approve Case No. ZOA 17-028 by the adoption of Planning Commission Resolution No. 2691, subject to amendments. 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. Ryan Stendell, Secretary Palm Desert Planning Commission cc: File Building & Safety Department Public Works Department Fire Marshal 0YRIMTEDON 11111 PAPER PLANNING COMMISSION RESOLUTION NO. 2691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REVISE PALM DESERT MUNICIPAL CODE SECTION 25.16.040H "SPECIFIC USE STANDARDS" FOR COMMERCIAL AND INDUSTRIAL DISTRICTS TO ALLOW DRIVE- THROUGH RESTAURANTS ON ARTERIAL STREETS WITH A FREEWAY INTERCHANGE OR PLANNED INTERCHANGE) CASE NO: ZOA 17-028 WHEREAS, Lumar Devco, LLC submitted a Zoning Ordinance Amendment (ZOA) application for a proposed drive-through restaurant as part of Case No. PP 16- 303; and WHEREAS, the Palm Desert Municipal Code (PDMC) Section 25.16.040H states that "with the exception of the Freeway Commercial Overlay, drive-in and drive-through [restaurant] facilities are prohibited;" and WHEREAS, the 2016 updated General Plan incorporates Policy 2.10 "Auto- oriented uses" that directs staff to "consider uses that serve occupants of vehicles (such as drive-through windows) and discourage uses that serve the vehicle (such as car washes and service stations), in places that are clearly automobile oriented, ensuring that such uses do not disrupt pedestrian flow, are not concentrated, do not break up the building mass of the streetscape, and are compatible with the planned uses of the area;" and WHEREAS, expanding the locations in which drive-through restaurants are permitted is consistent with the General Plan policy because the land use is only applied to areas that are clearly vehicle-oriented and is not applicable to the city center; and WHEREAS, staff has prepared a ZOA to expand the locations where drive- through restaurant facilities may be permitted (through approval of a CUP) in accordance with Policy 2.10 of the updated General Plan; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of March, 2017, hold a duly noticed public hearing to consider the request by Lumar Devco, LLC, for approval of the above noted ZOA; and WHEREAS, the Planning Commission determined it appropriate to expand the locations where drive-through restaurants may be permitted to include limited areas located on arterials with a freeway interchange or planned interchange as further defined in Exhibit "A" and its attachment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," PLANNING COMMISSION RESOLUTION NO. 2691 Resolution No. 2015-75, and the Director of Community Development has determined that the action to adopt said ZOA will not have a negative impact on the environment. Individual development proposals that will utilize the Conditional Use Permit (CUP) process will undergo additional environmental review as part of the CUP process prior to any development associated with the CUP. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 17-028. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 2f day of March 2017, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO NOES: NONE ABSENT: NONE ABSTAIN: NONE NA CY DE` LUNA, CHAIRPERSON ATTEST: i RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2691 EXHIBIT "A" 25.16.040 Specific Use Standards The following provisions apply as indicated to the uses listed in Table 25.16-1 (Use Matrix for Commercial and Industrial Districts): A. Caretaker housing. Permitted only when incidental to and on the same site as a permitted or conditional use. B. Residential (mixed use). Residential uses may be established and maintained to be compatible with the permitted or the approved conditional uses in the vicinity. C. Commercial communication tower. All communication towers and antennas shall satisfy the requirements of Section 25.34.130 (Communication Tower and Antenna Regulations). D. Adult entertainment. All uses defined as adult entertainment are required to meet the provisions established by Section 25.34.110 (Adult Entertainment Establishments). E. Commercial (ancillary). Applicable only to office complexes that occupy a minimum of two acres. Restaurant uses shall not exceed 10 percent of the gross leasable floor area and the total ancillary commercial uses, including restaurants, shall not exceed 25 percent of the gross leasable floor area of the complex. F. Grocery stores. Limited to a maximum building size of 60,000 square feet in PC-3. —� G. Medical services, accessory. Permitted only when ancillary to and in conjunction with the operation of a hotel. H. Restaurants. Drive-through and drive-in facilities permitted by a conditional use permit as follows: 1. Permitted locations. i. Within Freeway Commercial Overlay District ii. On arterial streets with a freeway interchange (or planned interchange). Generally on the following streets and as indicated in Figure 25.10-2: Monterey Avenue and Portola Avenue from the northern city boundary to the north side of Gerald Ford Drive; and Washington Street from the northern city boundary to the north side of Dudley Drive. 2. Development standards. i. Drive-through lanes and window facilities shall be designed in a manner that they are screened and/or not visible from surrounding public streets. ii. Drive-through vehicle queue must be permanently screened and/or not visible from surrounding public streets. I. Vehicle storage facility. All vehicles stored at any vehicle storage facility shall be completely screened. (Ord. 1302 § 3, 2016; Ord. 1259 § 1 , 2013) 3 PLANNING COMMISSION RESOLUTION NO. 2691 Z CL m a c� U w U c �4e _ z m E Re Q Y i. 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