HomeMy WebLinkAboutRes No 2691PLANNING 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 21st day of March, 2017, hold a duly noticed public hearing to consider the
request by Lumar Devco, LLC, for approval of the above noted ZOA; and
WHEREAS, 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 21St day of March 2017, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
a
NA CY DE LUNA, CHAIRPERSON
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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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.
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.
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)
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PLANNING COMMISSION RESOLUTION NO. 2691
Figure 25.10-2
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• Extent of Permitted Locations on Arterial Streets
City Boundary
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