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HomeMy WebLinkAboutRes No 27551 1 1 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 5th 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 5th day of March 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, HOLT, and PRADETTO NOES: NONE ABSENT: GREGORY ABSTAIN: NONE ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION LIN SAY HOLT, VI -CHAIR 2 PLANNING COMMISSION RESOLUTION NO. 2755 1 1 1 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. 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 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 property (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. 3 PLANNING COMMISSION RESOLUTION NO. 2755 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. 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." 4