Agenda packet, regular meeting — Palm Desert City Council, October 26, 2023 (part 4 of 5)

ORDINANCE NO.
4 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.

The Specific Plan amendment will add medical clinics and medical offices as allowable land uses within the Neighborhood Center designation. These land uses provide personal care and medical services to serve the needs of neighborhoods and are similar to the research and development land use, which is allowable within the Town Center Neighborhood General Plan Land Use Designation. The amendment will add an optional overlay district, known as the Professional/Medical Office Overlay Zone, which may be applied to parcels that contain 75% or greater medical or professional office uses and apply the overlay to a 10.47-acre parcel located at the southwest corner of Gerald Ford Drive and Technology Drive. The Project site is located in a largely urbanized area of Palm Desert that supports a mix of commercial and residential land uses with surrounding land uses, including singlefamily residential to the south and west, professional and medical office uses to the east, and planned multi-family residential and commercial to the north. The application of the professional/medical area is compatible and will provide for a harmonious transition between commercial uses along Gerald Ford Drive and residential neighborhoods to the south.

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.

The site is physically suitable for the density of development. The allowable density for the site has been evaluated by the General Plan. The Applicant has prepared the appropriate technical studies to assess that the site is physically suitable to develop and will not result in detrimental environmental impacts.

The 400 acres subjected to the UNSP are suitable for the proposed development.

No environmental issues were identified in the preparation and drafting of the General Plan EIR that would indicate that development in this area would be unsuitable. In addition, existing commercial and residential developments have successfully constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced, and due to the proximity and similarity of the proposed development, it’s reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development, and mitigation measures identified in the General Plan EIR ensure that impacts to the surrounding areas are minimized.

5. CEQA. The Specific Plan or amendment has been reviewed in compliance with the provisions of the CEQA.

The Specific Plan Amendment has been reviewed in compliance with the provisions of the CEQA. Under the CEQA and the State CEQA Guidelines, an Initial Study has been prepared to analyze the environmental impacts of the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and

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ORDINANCE NO.
5 the City of Palm Desert local CEQA guidelines. All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program (MMRP).

SECTION 4. Project Approval. The City Council hereby approves Case No.

SP/EA22-0002 attached to this Resolution as Exhibit “B” to the City Council, subject to the findings and Conditions of Approval.

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance 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 City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 5. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective 30 days after its adoption.

ADOPTED ON October 26, 2023.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

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ORDINANCE NO.
6

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ORDINANCE NO.
7 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. ______ is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on ________, and adopted at a regular meeting of the City Council held on _______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________________.

ANTHONY J. MEJIA

CITY CLERK

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION (SCH NO. 2023050370) OF ENVIRONMENTAL IMPACT

AND A MITIGATION MONITORING AND REPORTING PROGRAM IN

ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NOS. SP/EA22-0002
WHEREAS, Desert Care Network/Tenet Healthcare (“Applicant”) submitted applications for a Specific Plan Amendment (“Specific Plan”) to amend the University Neighborhood Specific Plan (UNSP) to allow medical offices and medical clinics as allowed land uses within the Neighborhood Center designation, create a Professional/Medical Office Overlay, and apply said overlay to a 10.47-acre site located at the southwest corner of Gerald Ford Drive and Technology Drive; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City prepared an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an Environmental Impact Report (EIR) was required; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration (MND), SCH No. 2023050370 (EA22-0002) was prepared for the project which Mitigation measures that avoid or mitigate the potentially significant impacts to a point where no significant impacts were identified and a Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Project attached as “Exhibit A” to this resolution; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant and adopted Planning Commission Resolution No. 2832 recommending that the City Council adopt the MND; and
WHEREAS, the City Council of the City of Palm Desert, did on the 26th day of October 2023, hold a duly noticed public hearing, the City Council opened the public hearing, the City Council considered the request by the Applicant for the Environmental Assessment; and
WHEREAS, all the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the MND, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well as feasible mitigation measures, have been adequately evaluated; and

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RESOLUTION NO.
2 WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference, and not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council had heard, been presented with, reviewed and considered all of the information and data in the administrative record; and WHEREAS, the MND reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments submitted during the public review period, or made during the public hearing conducted by the City Council, and no additional information submitted to the City require substantial revisions to the MND necessitating recirculation or additional environmental review of the Project under State CEQA Guidelines section 15073.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. CEQA. The Specific Plan or amendment has been reviewed in compliance with the provisions of the CEQA:

Under the CEQA and the State CEQA Guidelines, an Initial Study has been prepared to analyze the environmental impacts of the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program (MMRP).

SECTION 3. Project Approval. The City Council hereby approves and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in Case No. SP/EA22-0002 attached to this Resolution as Exhibit “A.” SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings.

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RESOLUTION NO.
3 SECTION 5. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Clerk within five (5) working days of approval of the Project and adoption of the Final MND.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

ADOPTED ON October 26, 2023.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

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RESOLUTION NO.
4 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM DESERT )
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Palm Desert at a regular meeting held on the ___ day of October, 2023 by the following vote of the Council:

AYES:

NOES:

ABSENT:
(SEAL)
_________________________
ANTHONY J. MEJIA

CITY CLERK

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EXHIBIT A

CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/EA22-0002

MITIGATION AND MONITORING PROGRAM
Mitigation Measure
Responsible
for Monitoring Timing Criteria

BIOLOGICAL RESOURCES
BIO.1 Burrowing Owl Surveys
To mitigate potential impacts to burrowing owl, two preconstruction surveys shall be conducted in accordance with CDFW protocol. The first survey shall occur
between 14 and 30 days prior to ground disturbance,
and the second shall occur within 24 hours of the
initiation of ground disturbance activities for any phase of development on the Project site.
• If no owls are detected during those surveys, ground
disturbance may proceed without further
consideration of this species, assuming there is no
lapse between the surveys and construction,
because the protocol states “time lapses between
Project activities trigger subsequent take avoidance
surveys including but not limited to a final survey
conducted within 24 hours prior to ground
disturbance.”
• If burrowing owls are detected during the surveys,
avoidance and minimization measures shall be
required. Avoidance and minimization measures
may include establishing a buffer zone, installing a
visual barrier, implementing burrow exclusion and/or
closure techniques, in conformance with CDFW
protocol.

Project
Biologist, City
Engineer,
Planning
Department
Prior to
issuance of
any permits
that result in
ground
disturbance
The Project biologist shall supply
the City with reports of findings
regarding burrowing owls and
migratory birds. The reports will be
attached to the grading permit for
the Project.

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RESOLUTION NO.
6 CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/EA22-0002

MITIGATION AND MONITORING PROGRAM
Mitigation Measure
Responsible
for Monitoring Timing Criteria
BIO.2 Migratory Bird Treaty Act
If ground disturbance or tree or plant removal is
proposed between January 15 1st and August 31st, a
qualified biologist shall conduct a nesting bird survey within 7 to 10 days of initiation of grading onsite,
focusing on MBTA covered species. If active nests are
reported, then species-specific measures shall be
prepared. At a minimum, grading in the vicinity of a nest shall be postponed until the young birds have fledged.

For construction that occurs between September 1st
and January 31st, no pre-removal nesting bird survey is required.
• In the event active nests are found, exclusionary
fencing shall be placed around the nests until
such time as nestlings have fledged. Avoidance
buffers shall be 100 to 300 feet from the nests of
unlisted songbirds, and 500 feet from the nests
of birds-of-prey and listed species.

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RESOLUTION NO.
7 CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/EA22-0002

MITIGATION AND MONITORING PROGRAM
Mitigation Measure
Responsible
for Monitoring Timing Criteria
CUL.1 Archaeological and Tribal Monitoring
Earth-moving activities, including grading, grubbing,
trenching, or excavations at the site shall be monitored by a qualified archaeologist and a Native American
monitor.

If any cultural materials more than 50 years of age are discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but must have the
power to temporarily halt or divert construction
equipment to allow for controlled archaeological
recovery if a substantial cultural deposit is encountered.

The monitors shall determine when excavations have
reached sufficient depth to preclude the occurrence of
cultural resources, and when monitoring should
conclude.

If artifacts are discovered, these shall be processed,
catalogued, analyzed, and prepared for permanent
curation in a repository with permanent retrievable
storage that would allow for additional research in the future.

Project
applicant,
Project
archaeologist,
Tribal monitor,
Planning
Division, City
Engineer.

Monitoring
shall occur
during
earthmoving
activities.

Within 30 days of the completion of
ground disturbing activities on the
Project site, a report of findings
shall be filed with the City.

GEOLOGY AND SOILS

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RESOLUTION NO.
8 CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/EA22-0002

MITIGATION AND MONITORING PROGRAM
Mitigation Measure
Responsible
for Monitoring Timing Criteria
GEO.1 A site-specific Geotechnical Report shall be
prepared and submitted with grading plans, and report
recommendations should be incorporated in Project
design and construction.

Project
engineer,
Project
geotechnical
consultant,
Project
applicant.

Prior to
issuance of
grading
permits
Final report submitted to and
approved by the City

TRAFFIC AND CIRCULATION
TRA.1 In addition to paying the requisite CVAG TUMF
fee, and to remedy the LOS deficiency at the
intersections of Cook Street and the I-10 westbound
and eastbound ramps, the Project is responsible for the following fair share contributions:

Intersection of Cook Street and I-10 Westbound Ramp:

Project is responsible for 8.0% towards a 2nd 200 ft.

WB left turn lane.

Intersection of Cook Street and I-10 Eastbound Ramp:

Project is responsible for 9.2% towards the restriping of existing NB travel lanes to achieve a 12ft. wide NB 200 ft. long right turn lane, with remaining through travel lanes at 11ft. widths. Ultimately include northbound freeright turn channelization.

Project
applicant,
CVAG, City
Engineer.

Prior to the
issuance of
grading
permits
The Project applicant shall
coordinate with the City and
CVAG the payment of CVAG’s
TUMF fee and the agreed upon
fair share contribution for
improvements to the intersection
of Cook Street and the I-10
westbound and eastbound ramps.

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA APPROVING A PRECISE PLAN AND TENTATIVE PARCEL MAP TO DEVELOP A PHASED 114,700-SQUARE-FOOT

MEDICAL OFFICE PARK WITH RELATED ON-SITE AND OFF-SITE
IMPROVEMENTS, AND SUBDIVIDE A 10.47-ACRE PROPERTY LOCATED

AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND
TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-026 AND -027)CASE NOS. PP22-0009 & TPM 38728
WHEREAS, Desert Care Network/Tenet Healthcare (“Applicant”), submitted an application for a Specific Plan Amendment (“Specific Plan”) to amend the University Neighborhood Specific Plan (UNSP) to allow medical offices and medical clinics as allowed land uses within the Neighborhood Center designation, create a Professional/Medical Office Overlay, and apply said overlay to the 10.47-acre site located at the southwest corner of Gerald Ford Drive and Technology Drive; and
WHEREAS, the Applicant also submitted applications for a Precise Plan (PP) to develop a 114,700-square-foot medical office park, including a 94,700-square-foot, threestory medical office building (Building 1) and future 20,000-square-foot, single-story medical office building (Building 2), and on-site parking, landscaping, and off-site public improvements for the Project site, and a Tentative Parcel Map (TMP) to subdivide the

10.47-acre Project site into two parcels; and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood (TCN) in the General Plan adopted on the 10th day of November 2016, and a zoning designation of Planning Residential (PR-20); and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert, California, did on the 14th day of March 2023, approve a design review for the Project, subject to conditions; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an Environmental Impact Report (EIR) was required; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration (MND), SCH# 2023050370 (EA 22-0002), and an accompanying Mitigation Monitoring and Reporting Program (MMRP), were prepared for the Project; and

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RESOLUTION NO.
2 WHEREAS, the Project is consistent with the development density and use characteristics considered by the General Plan EIR, Specific Plan MND in the TCN land use designation; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant and adopted Planning Commission Resolution No. 2832 recommending that the City Council approve the above-noted Project subject to findings of approval; and WHEREAS, the City Council of the City of Palm Desert, did on the 26th day of October 2023, hold a duly noticed public hearing, the City Council opened the public hearing, the City Council considered the request by the Applicant for the development of the Precise Plan and Tentative Parcel Map; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Findings on Tentative Parcel Map. In approving the project and under Palm Desert Municipal Code (PDMC) Section 26.20.100(C), the City Council shall deny approval of a tentative map if any of the following findings are made:

1. That the density of the proposed subdivision is not consistent with applicable general and specific plans.

The map has been reviewed and found to be consistent with the density, lot development standards, and land uses of the UNSP and the General Plan Land Use Designation for the TCN. The TPM proposes to create a two-lot subdivision within a

10.47-acre Project site. The UNSP does not establish a minimum lot size requirement or a minimum parcel dimension for non-residential lots. The proposed lots are intended to serve a medical office development; therefore, comply with the applicable standards set.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The design and improvements of the subdivision are consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land uses. The dedications for public right-of-way are consistent with the applicable circulation elements of the Specific Plan.

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RESOLUTION NO.
3 3. That the site is not physically suitable for this type of development.

The site is physically suitable for the proposed medical office park development. The Project has been analyzed by the City’s Public Works Department, Land Development and Engineering, and Planning Division. The site has suitable access, grading, drainage, and zoning to allow the development.

4. That the site is not physically suitable for the proposed density of development.

The MND for the Specific Plan identifies required mitigation.

5. That the design of the subdivision or the improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

Pursuant to the California Environmental Quality Act (CEQA) and State CEQA guidelines, an Initial Study (IS) was prepared for the project and mitigation measures have been developed that will reduce potential environmental impacts to less than significant level. The IS identified potentially significant impacts in the areas of biological resources, cultural and tribal resources, geology and soils, and traffic and circulation. Mitigation measures that avoid or mitigate the potentially significant impacts to a point where no significant impacts were identified, and a Mitigated Negative Declaration (SCH No. 2023050370) and Mitigation Monitoring and Reporting Program (MMRP) was prepared. On the basis of the whole record there is no substantial evidence that the Project as designed, conditioned, and mitigated will have a significant impact on the environment.

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslide, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Grounddisturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.

SECTION 3. Project Approval. The City Council hereby approves of PP22-0009 and TPM 38728, subject to the findings and Conditions of Approval attached herein as Exhibit A.

SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office

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RESOLUTION NO.
4 at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings.

SECTION 5. Execution of Resolution. The Mayor signs this Resolution and the City Clerk shall attest and certify the passage and adoption thereof.

SECTION 6. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

ADOPTED ON October 26, 2023.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

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RESOLUTION NO.
5 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:
(SEAL)
_________________________
ANTHONY J. MEJIA

CITY CLERK

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RESOLUTION NO.
6 EXHIBIT A

CONDITIONS OF APPROVAL
CASE NO. PP22-0009, TPM 38728
PLANNING DIVISION:

1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.

2. This approval shall not take effect until Planning Case No. SP/EA22-0002 is approved.

3. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer’s approval of counsel, which shall not be unreasonably denied, and at the Developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of project approvals without the Developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.

4. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC and University Neighborhood Specific Plan, and state and federal statutes now in force, or which hereafter may be in force.

5. The Tentative Parcel Map shall expire if recordation of the Final Parcel Map is not completed within two (2) years from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever.

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RESOLUTION NO.
7 6. The Precise Plan shall expire within two (2) years from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever.

7. The approved PP shall only be modified with written City approval per PDMC Chapter

25.72.030. Any proposed changes to this PP will require an amendment to the application, which may result in a new public hearing.

8. The approved TPM shall only be modified with written City approval in accordance with the requirements of the University Neighborhood Specific Plan and Chapter 26.20 of the PDMC.

9. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department.

10. A copy of the herein-listed Conditions of Approval shall be included in the construction documentation package for the Project, which shall be continuously maintained on-site during Project construction.

11. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2833 and that the plans submitted are in compliance with the Conditions of Approval.

No modifications shall be made to said plans without written approval from the appropriate decision-making body.

12. 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:

Public Works Department
Fire Department
Building and Safety Division
Land Development Division
Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith.

13. This Project is subject to payment of the City’s Public Art fee. The fee will be applied prior to a building permit issuance and shall remain in the City’s public art fund.

Alternatively, the project may propose public art in lieu of the fee subject to review and approval by the Cultural Arts Committee.

14. The pad elevations of all lots shall be consistent with the approved preliminary grading and drainage plan included with the project file dated March 7, 2023. Adjustments

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RESOLUTION NO.
8 which increase or decrease the pad elevation by six inches (0’-6”) or less shall be subject to review and approval by the Director of Development Services and City Engineer.

A. Adjustments which increase the pad elevations by more than six (6) inches shall require Planning Commission approval.

15. All mitigation measures identified in the University Specific Plan MND (SCH #2023050370) shall be incorporated into the planning, design, development, and operation of the Project.

16. All exterior lighting sources shall be fully shielded and directed downwards and is subject to approval by the Development Services Department. Luminaries with total lamp lumens above 16,000 lumens shall not be used. Prior to building permit issuance, the Applicant shall submit plans for outdoor lighting as required by PDMC Section

24.16.030 and include glare ratings and color temperature for all exterior light fixtures.

17. Final lighting plans shall be submitted per PDMC Section 24.16 for any landscape, architectural, street, or other lighting types within the Project area.

18. Prior to the building permit issuance, the Applicant shall submit a landscape construction application for approval by the Development Services Department and Coachella Valley Water District.

19. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date. The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All trees shall be a minimum 24-inch box in size and all plants shall be a minimum of five (5) gallons in size at the time of planting, and.

A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to or concurrent with submittal to CVWD.

B. The grading design plans shall be submitted as a part of the landscape documentation package.

20. All Project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the Project site.

Furthermore, the plans shall identify responsibility for the continued maintenance.

21. Prior to the issuance of the Certificate of Occupancy, the Project shall record a landscape maintenance agreement for site landscaping and new landscaping located within the public right of way along the project frontages as depicted on the approved

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RESOLUTION NO.
9 preliminary landscape plan dated March 8, 2023; this is not intended to include the existing landscaped medians adjacent to the project.

22. Prior to the issuance of the Certificate of Occupancy, the certified landscape architect or designer of record shall submit written verification and certificate of completion to the Planning Division that the landscaping and irrigation have been installed per the approved landscape plan adjacent to the project site.

23. All exterior and rooftop equipment and all appurtenances thereto shall be completely screened from public view by walls or roof screens that are architecturally treated to be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view.

24. All roof drainage systems and devices shall be designed such that they are fully screened from view from all public streets. Drainage devices, including but not limited to down-spouts, shall not be located on any street-facing building elevation or area that is clearly visible from the public right-of-way. Drainage devices shall be fully integrated into the building structure and located within the exterior walls of the structure.

25. All roof access ladders shall be located on the inside of the building and shall be fully screened by rooftop parapets.

26. All ground-mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened using landscaping and/or masonry walls.

27. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings.

28. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Except as required by the state and the Americans with Disability Act (ADA) requirements, all markings shall be a minimum four-inch (4”) wide double (“hairpin” style) stripe designed to provide 18 inches measured outside to outside under City Council Resolution No. 01-5.

29. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations.

30. The Applicant shall construct the pedestrian circulation network as shown on the approved preliminary grading dated March 7, 2023, and provide pedestrian access points as shown on the approved preliminary site plan.

31. Exterior signage shall always comply with Chapter 25.56 of the PDMC. The Applicant shall submit a sign program for review by the Architectural Review Commission for all exterior signage including wall signage, monument signage, and directional signage. All signage shall be coordinated for consistency.

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RESOLUTION NO.
10 32. All exterior wall signs shall be coordinated to utilize a consistent construction and illumination method. Illuminated signs which face residential uses shall be restricted to reverse-lit or halo-illumination and shall refrain from use of through-lighting.

33. Prior to permit issuance, the final construction drawings for the medical building shall be submitted to the Architectural Review Commission or Architectural Review Commission Subcommittee to ensure the final drawings substantially conform to the preliminary plan set.

34. The Applicant shall comply with the recommendations made by the City’s Architectural Review Commission (ARC), as referenced in the March 14, 2023, Notice of Action.

35. The PP approval is for a two phase, 114,700-square-foot medical office park and phasing shall occur as depicted in the Overall Site Plan Phases dated March 6, 2023, however, may be constructed in its entirety in a single phase in the future:

A. Phase 1 consists of Building 1, a 94,700 square-foot medical office building, the pad for a Building 2, a future 20,000 square-foot medical building, all street and sidewalk improvements, full perimeter landscape improvements, and approximately 476 on-site parking spaces, and offsite improvements.

B. Phase 2 consists of a 20,000 square-foot, single-story medical office building with a maximum height of 25’-0” from the approved pad and additional parking to allow a total of 574 on-site parking spaces, and additional landscaping.

C. All offsite improvements as shown on the plans and modified by conditions shall be completed with Phase 1 of the project.

D. Phase 1 shall be developed within two (2) years, or the Precise Plan will expire unless an extension of time is granted by the Planning Commission per Condition No. 5 of this Resolution.

36. The final architecture of Building 2 shall require review and approval of a Design Review application by the Architectural Review Commission. The building shall be limited to a maximum total floor area of 20,000 square-feet and shall be single-story with a maximum height of 25’-0” as measured from the approved finished grade of 179.3 (NAVD29). The architectural style shall be compatible with Building 1 and shall use a matching material and color palette. The final design shall also include a landscape plan for parking areas within Phase 2.

A. Proposals which relocate, and/or increase the building height and/or maximum total floor area of Building 2, shall require an amendment to the PP.

37. Prior to the issuance of a certificate of occupancy for Building 1, the Applicant shall stabilize the pad for Building, and unpaved parking areas of Phase 2 to the satisfaction of the Director of Development Services and plant a continuous irrigated hedge around the perimeter of each area. The stabilized areas and hedges shall be maintained until Building 2 is completed.

LAND DEVELOPMENT DIVISION:

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RESOLUTION NO.
11 37. The following plans, studies, and exhibits are hereby referenced: University Neighborhood Specific Plan (UNSP) adopted by Ordinance 1312, and dated January 2017; Preliminary Grading and Drainage Plan, prepared by Michael Baker International and dated March 7, 2023; Tentative Parcel Map No. 38728 exhibit, prepared by Michael Baker International and dated May 2023; Preliminary Utility Plan, prepared by Michael Baker International and dated March 7, 2023; University Medical Office Park Preliminary Hydrology Report, prepared by Michael Baker International and dated December 7, 2022; and Preliminary Water Quality Management Plan, prepared by Michael Baker International and dated December, 2022.

38. It is assumed that easements shown on the preliminary grading exhibit are shown correctly and include all the easements that encumber the subject property. A current preliminary title report for the site will be required to be submitted during technical plan review. The Applicant shall secure approval from all, if any, easement holders for all grading and improvements, which are proposed over the respective easement or provide evidence that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder cannot be found, or is otherwise of no effect. Should such approvals or alternate actions regarding the easements not be provided and approved by the City, the Applicant may be required to amend or revise the proposed site configuration as may be necessary.

39. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q’s, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be.

40. Prior to issuance of the first building permit for the development, the Applicant shall pay all appropriate signalization fees in accordance with the City’s Resolution No. 79-17 and 79-55.

41. Prior to map approval, the Applicant shall pay all appropriate drainage fees in accordance with the City’s Municipal Code Section 26.49 and Palm Desert Ordinance No. 653.

42. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City’s Municipal Code Section 26.48.060.

43. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater Management and Discharge Ordinance.

44. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor.

45. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No grading or other improvements shall be permitted until a final grading plan has been approved by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual Grading Plan, the California Building Code, PDMC Title 27

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RESOLUTION NO.
12 Grading, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert.

46. The grading plan shall provide for acceptance and proper disposal of all off-site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/or appropriate easements as approved by the City Engineer.

47. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the Palm Desert Municipal Code.

48. Prior to approval of the grading plan, the Applicant shall prepare a detailed final flood hazard/hydrology and hydraulics report for approval of the City Engineer. The report shall encompass the entire project area and comply with all relevant laws, rules, and regulations governing the City of Palm Desert.

49. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District’s standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert.

50. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed.

51. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.

52. Prior to issuance of grading permit the Applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval of the Land Development department.

53. Where grading involves import or export, the Applicant shall obtain permits, from the Public Works Department, including import/export quantities and hauling route.

54. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Department prior to issuance of grading permit.

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RESOLUTION NO.
13 cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District (RCFC&WCD) Whitewater River Watershed area for approval of the City Engineer.

56. All post-construction BMPs shall be designed based on the City of Palm Desert’s maximum infiltration criteria of one (1) inch/hour.

57. Prior to the issuance of a grading permit, the Applicant shall submit a signed and notarized WQMP Operations and Maintenance Agreement to the City. The agreement shall include provisions for the maintenance and operation of all onsite water quality BMP facilities by the property owner.

58. Prior to issuance of grading permit and in compliance with the City of Palm Desert Municipal Code Chapter 27.24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this project.

59. Prior to issuance of grading permit for the Precise Plan, the Applicant shall submit for review and approval of the City Engineer a final Geotechnical Report that includes project specific recommendations.

60. Prior to issuance of precise grading permit, the Applicant shall submit grading and improvement plans for onsite improvements for review and approval of the City Engineer.

A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the site at proposed driveways.

B. All private improvements shall be kept within private property. Non-standard encroachments into proposed public right-of-way will not be permitted, unless clearly identified on these conditions of approval.

61. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City.

62. Upon completion of grading of each phase, the project’s Geotechnical Engineer shall certify the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this project. A licensed land surveyor shall certify the completion of grading in conformance with the lines and grades shown on the approved grading plans.

63. Final parcel map shall show corner cut back dedication at Gerald Ford Drive and Technology Drive intersection, and Technology Drive and College Drive intersection per Riverside County Standard No. 805 and/or as adequately designed to accommodate public infrastructure and adequate ADA path of travel within the public right-of-way, whichever is more stringent.

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RESOLUTION NO.
14 64. Final parcel map shall show additional right-of-way dedication at project driveway intersections required to accommodate public infrastructure within public right-of-way and be in compliance with ADA requirements.

65. Prior to map approval, the Applicant shall submit improvement plans for required improvements along Gerald Ford Drive, Technology Drive, and College Drive as outlined in these conditions of approval.

66. Prior to map approval, the Applicant shall provide full-scale signing and striping plans for (each) Gerald Ford Drive, Technology Drive, and College Drive improvements. The signing and striping plans shall be submitted as a separate set of plans from the street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and proposed modifications including, but not limited to, bike lanes, roundabout(s), travel lanes, pavement markings, turning lanes, existing and proposed traffic signs, etc. All signing and striping within public streets shall follow California Highway Design Manual (CA HDM) and California Manual of Uniform Traffic Control Devices (CA MUTCD) design guidelines and standards and must be signed by a licensed Civil Engineer or Traffic Engineer (PE/TE).

The Applicant shall guarantee all improvements for a period of one year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements.

68. Prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements. The form and amount of the financial security shall be reviewed and approved by the City Engineer and be in compliance with the Palm Desert Municipal Code Section 26.28.030 and Section 26.28.040.

69. Prior to issuance of certificate of occupancy, the Applicant is responsible for the construction and installation of improvements on Gerald Ford Drive as identified on these conditions of approval. Applicant shall provide for the design and construction of the following improvements:

A. Modifications to existing curb and sidewalks to provide for right turn lane pocket west of the proposed project driveway.

B. Modifications to the existing curb and sidewalks east of the proposed driveway to provide extension to existing eastbound right turn lane at Technology Drive intersection.

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RESOLUTION NO.
15 with City public works and land development staff to determine the feasibility of the bike path provided existing constraints and road alignment east of Gerald Ford Drive and Technology Drive intersection. In the event that the bike path is not feasible at this time, the Applicant may submit a formal request to the City Engineer to provide street improvements without the corresponding markings/striping. Ultimate street design shall be approved by the City Engineer.

D. Applicant shall provide landscape improvements along the site frontage.

Separate plans submitted for Public Works approval are required.

E. Applicant shall verify ADA compliance of pedestrian facilities along Gerald Ford Drive that are impacted by the development (i.e., at driveway access). The Applicant will be responsible for providing an accessible path from the proposed driveway access to their onsite facilities. Applicant shall be responsible for repairing any sidewalk panels damaged during the project’s construction activities, as identified by the City inspector, and directed by the City Engineer F. Applicant shall be responsible for the replacement of any curb and gutter along the frontage, according to City of Palm Desert Standard No. 102, damaged during construction activities, as directed by the City Engineer.

G. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

H. Applicant shall construct one right-in/right-out only driveway at approximately 500-feet (centerline to centerline) of the Technology Drive and Gerald Ford intersection.

I. Applicant shall install STOP signs and STOP bars at all proposed project entries/driveways that intersect with Gerald Ford Drive.

70. Prior to certificate of occupancy, the Applicant is responsible for the construction and installation of improvements on Technology Drive as identified on these conditions of approval. Applicant shall provide for the design and construction of the following improvements:

A. Applicant shall provide landscape improvements along the site frontage.

B. Applicant shall verify ADA compliance of pedestrian facilities along the frontage that are impacted by the development (i.e., at driveway access).

C. Applicant will be responsible for replacement of any sidewalk panels damaged during the project’s construction activities, as identified by the City inspector, and directed by the City Engineer.

D. Applicant shall be responsible for the replacement of any curb and gutter along the frontage, according to City of Palm Desert Standard No. 102, damaged during construction activities, as directed by the City Engineer.

E. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

F. Applicant shall construct one unrestricted driveway and provide one 100-foot shared left/through/right outbound lane.

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RESOLUTION NO.
16 pedestrian facilities and public right-of-way, and dimensions, as well as truck turning templates for vehicles entering and exiting the site.

H. Applicant shall install STOP signs and STOP bars at all proposed project entries/driveways that intersect with Technology Drive.

I. Applicant shall modify the existing raised median to provide 90-foot northbound left turn pocket onto the site’s driveway, as generally shown on the conceptual exhibits.

71. Prior to certificate of occupancy, the Applicant is responsible for the construction and installation of improvements on College Drive. Required improvements for this development generally include, but are not limited to:

A. Applicant shall provide dedicated bicycle/golf cart lane (Class II).

B. Applicant shall provide landscape improvements along the site frontage.

C. Applicant shall verify ADA compliance of pedestrian facilities along College Drive that are impacted by the development (i.e., at driveway access). The Applicant will be responsible for providing accessible path from the proposed driveway access to their onsite facilities. Applicant shall be responsible for repairing any sidewalk panels damaged during the project’s construction activities, as identified by the City inspector, and directed by the City Engineer.

D. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

E. Applicant shall construct one unrestricted driveway per the referenced conceptual exhibit and provide one 50-foot shared left inbound/through/right outbound lane.

F. Applicant shall modify existing raised median to provide 125-foot eastbound left turn pocket and provide STOP sign and stop bar and signage at driveway exit, as indicated in the project specific traffic impact analysis.

72. Prior to building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required.

73. Prior to final building permit inspection or certificate of occupancy, the Applicant is responsible for the completion of all public improvements. All public improvements shall be completed with the first phase of development.

BUILDING AND SAFETY DIVISION:

74. This project shall comply with the latest adopted edition of the following codes:

A. California Building Code and its appendices and standards.

B. California Commercial Code and its appendices and standards.

C. California Plumbing Code and its appendices and standards.

D. California Mechanical Code and its appendices and standards.

E. California Electrical Code.

F. California Energy Code.

G. California Green Building Standards Code.

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RESOLUTION NO.
17 H. Title 24, California Code of Regulations.

I. California Fire Code and its appendices and standards.

75. The Applicant shall coordinate directly with:

Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
77933 Las Montañas Road, Suite 201
Palm Desert, CA 92211

76. All trash enclosures are required to be accessible. Provide an accessible path of travel to the trash enclosure. Trash enclosures shall comply with the minimum requirements established by Section 8.12 of the PDMC.

77. All contractors and subcontractors shall have a current City of Palm Desert Business License before permit issuance per PDMC, Title 5.

78. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage before the issuance of a building permit per California Labor Code, Section 3700.

79. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section

15.28). Compliance with Ordinance 1351 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division counter staff.

FIRE DEPARTMENT:

80. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering 2,750 GPM at 20 psi for a duration of 2 hours. Specific design features may increase or decrease the required fire flow. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.

81. Fire Department Access: The construction of the fire apparatus access roads shall be designed and maintained to support 75,000 lbs. and shall be surfaced to provide all weather driving capabilities.

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RESOLUTION NO.
18 82. Driveway Gates: electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus. Ref. CFC 506.1

83. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1

84. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1

85. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. This will require a separate permit application submitted directly to the Fire Department. This shall include a full site plan including all fire apparatus access roads. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Contact our office for submittal instructions.

86. Fire Sprinkler System: All new commercial structures 3,000 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm Desert.

87. Fire Alarm and Detection System: A water flow monitoring system and/or fire alarm system may be required as determined during building plan review. Ref. CFC 903.4, CFC 907.2 and NFPA 72.

88. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal.

89. Addressing: Buildings over 25 feet high shall display street numbers with a minimum numeral height of 24 inches and be contrasting color with background. Address numbers shall be visible from the addressed road providing access to the site.

90. Emergency Responder Radio Coverage Systems: Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Ref. CFC 510.1 and Riverside County Office of the Fire Marshal Technical Policy No. TP19-002.

91. Strategic Planning Review: This planning case will also be reviewed by Riverside County Fire Department Strategic Planning for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service. Additional requirements may be conditioned by Strategic Planning to mitigate these impacts. Questions for Strategic Planning can be addressed to [email protected].

END OF CONDITIONS OF APPROVAL

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CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE
CASE NO. SP/EA22-0002, PP22-0009, TPM23-0002

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY COUNCIL

OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER THE ADOPTION OF A MITIGATED

NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A

SPECIFIC PLAN AMENDMENT, PRECISE PLAN, AND TENTATIVE PARCEL MAP TO DEVELOP A 114,700-SQUARE-FOOT MEDICAL OFFICE CENTER AT THE SOUTHWEST CORNER OF GERALD

FORD DRIVE AND TECHNOLOGY DRIVE
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has conducted an Initial Study of the project to evaluate any potentially significant impacts on the environment. The result of this study shows that any potentially significant impacts of the project on the environment can mitigated to a less-than-significant level, and a draft Mitigated Negative Declaration has been prepared for this project pursuant to Pub. Res. Code § 21064.5; Guidelines § 15070(b)(2).)
PROJECT LOCATION: Southwest corner of Gerald Ford Drive and Technology Drive in the City of Palm Desert located in Riverside County (Assessor’s Parcel Nos. 694-580-026 and -027).

PROJECT DESCRIPTION: The project proposes the construction of a medical office center on ±10.5 acres of vacant land that consists of two buildings totaling 114,700 square feet and 581 on-site parking spaces.

The project includes a Specific Plan Amendment to the University Neighborhood Specific Plan to establish a Professional/Medical Overlay to allow medical uses in the Neighborhood Center (NC) designation and to provide specific standards for medical offices, clinics, and professional offices. The project also includes a Tentative Parcel Map to subdivide the site into two parcels.

PLANNING COMMISSION RECOMMENDATION: At its regular meeting on September 19, 2023, the Planning Commission adopted Resolution No. 2832, recommending that the City Council adopt an ordinance approving the Specific Plan Amendment and Environmental Assessment and Resolution No. 2833, approving the Precise Plan and Tentative Parcel Map.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on October 26, 2023. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. There will be in-person access to the meeting location.

Options for remote participation will be listed on the Posted Agenda for the meeting at:
https://www.palmdesert.gov/connect/city-council.

REVIEW OF PROJECT INFORMATION: Information concerning the proposed project is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours.

COMMENT ON THIS APPLICATION: Those wishing to comment on this application may either appear in person at the public hearing or submit written comments, which must be received by 10:00 a.m. on the day of the hearing. Written comments should be sent to the City of Palm Desert at 73510 Fred Waring Drive, Palm Desert, California 92260, Attention: City Clerk, or emailed to:

[email protected].

Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at or prior to the public hearing. (Government Code Section 65009[b][2]).

Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611, Extensión 354.

PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK
OCTOBER 15, 2023 CITY OF PALM DESERT, CALIFORNIA

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Page 1 of 13 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: September 19, 2023
PREPARED BY: Nick Melloni, AICP, Principal Planner
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY

COUNCIL TO ADOPT A MITIGATED NEGATIVE DECLARATION

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA); AND APPROVAL OF A SPECIFIC PLAN AMENDMENT,

PRECISE PLAN, AND TENTATIVE PARCEL MAP TO DEVELOP A
PHASED 114,700-SQUARE-FOOT MEDICAL OFFICE PARK WITH

RELATED ON-SITE AND OFF-SITE IMPROVEMENTS, AND
SUBDIVIDE A 10.47-ACRE PROPERTY LOCATED AT THE

SOUTHWEST CORNER OF GERALD FORD DRIVE AND
TECHNOLOGY DRIVE (ASSESSOR’S PARCEL NUMBERS 694-580-
026 AND -027)
RECOMMENDATION:

Waive further reading and adopt Planning Commission Resolution Nos. 2832 and 2833:

1. Recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the project.

2. Recommending that the City Council approve Specific Plan Amendment (SP)/ Environmental Assessment 22-0002 amending the University Neighborhood Specific Plan (UNSP).

3. Recommending that the City Council approve Precise Plan (PP) 22-0009, and Tentative Parcel Map (TPM) 38728 to develop a phased 114,700-square-foot medical office park, and related on-site and off-site improvements, and subdivide a 10.47-acre property located at the southwest corner of Gerald Ford Drive and Technology Drive (Assessor’s Parcel Numbers 694-580-026, and -027).

ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION (ARC):

On March 14, 2023, staff presented the project to the ARC for design review consideration.

After discussion of the plans, Commissioner McAuliffe, seconded by Commissioner Latkovic, motioned to approve the case in a 5-0 vote (Commissioner Vuksic Recused), subject to the following conditions of approval:

1. Applicant shall provide a physical sample of scaled stone material and physical color sample for spandrel glass and storefront frame.

2. Revised development drawings shall reflect rooftop locations for solar panels and anticipated rooftop penetrations for future equipment and exhaust, which are yet to be determined.

3. Should there be design development changes to the elevator, drawings should be updated to reflect changes.

4. Applicant shall provide a physical material sample of the rooftop screening.

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City of Palm Desert
Case Nos. SP/EA22-0002, PP22-0009, TPM 38728

Page 2 of 13 ends

The ARC conditions of approval of March 14, 2023, have been addressed as follows:

1. A physical sample material board of the stone and windows have been provided to staff and will be presented at the Planning Commission public hearing.

2. The proposed project has been conditioned to include rooftop plans showing future rooftop photo-voltaic system locations and rooftop equipment in the final construction drawings for review.

3. The proposed project has been conditioned to return to ARC for consideration of architectural changes to the design of the elevator system, which may affect exterior architecture.

4. A physical sample material board including the roof screening has been provided to staff and will be presented at the Planning Commission public hearing.

EXECUTIVE SUMMARY:

The proposal is a request by Prest Vuksic Greenwood Architects (“Applicant”) for consideration of an amendment to the University Neighborhood Specific Plan (SP), an Environmental Assessment (EA), and a Precise Plan (PP) to develop a 114,700-square-foot medical office complex located at the southwest corner of Gerald Ford Drive and Technology Drive, generally known as University Medical Office Park (“Project”). The Project is comprised of two development phases: a three-story, 94,700-square-foot medical office building (Phase I) which will provide for outpatient medical offices, an urgent care, and potential uses may include laboratory and radiology services, and a future single-story 20,000-square-foot medical office building (Phase II) which is intended to operate as an outpatient surgery center.

No emergency services or overnight care is proposed by the project. Emergency services or overnight care are considered a “medical hospital” land use, which is not a permitted land use in the UNSP or the proposed amendment.

The proposed SP amendment will amend the University Neighborhood Specific Plan (UNSP) by adding medical offices and medical clinics as permitted land uses under Chapter 4.3 – Allowed Land Uses for the Neighborhood Center Zoning District. The SP amendment will also revise Chapter 4.4 - Development Standards to allow increased building maximum setbacks for the Neighborhood Center zoning as a part of an optional Professional/ Medical Overlay Zoning Designation applied to the parcel.

The project requires the approval of four (4) entitlements consisting of:

1. Specific Plan Amendment (SP) 22-0002: To amend the UNSP (Case No. CZ 16-262) to:
• Allow medical offices and clinics as an allowed land use within the Neighborhood Center (NC) zoning district and;
• Create a Professional/Medical Office Overlay zoning district to allow increased maximum building setbacks. A specific plan amendment would be required to apply the overlay to other NC zoning districts.

2. Environmental Assessment (EA) 22-0002: For an Initial Study/Draft Mitigated Negative Declaration (SCH No. 2023050370) establishing the environmental setting for the project and Mitigation Monitoring and Reporting Program (attached as Exhibit

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City of Palm Desert
Case Nos. SP/EA22-0002, PP22-0009, TPM 38728

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A of Draft Resolution 2832) indicating the project will have no significant impacts on the environment.

3. Precise Plan (PP) 22-0009: For the development of the project site with a phased medical office park, including architecture, grading, on-site and off-site improvements, and landscaping.

4. Tentative Parcel Map (TPM) 38728: To establish a parcel map comprised of two parcels on the 10.47-acre project site and establish reciprocal access easements between the two parcels.

Final approval of the project will require consideration by the Palm Desert City Council. The project has been reviewed for full conformance with the applicable requirements of the Palm Desert Zoning Ordinance and is consistent with the Palm Desert General Plan. Adopting staff’s recommendation will recommend approval of the project and adoption of associated environmental findings for the project to the City Council.

This item previously appeared before the Planning Commission on June 6, 2023, and was continued by the Planning Commission to the meeting of August 1, 2023. At the August 1, 2023 meeting, the project was continued to a date uncertain.

BACKGROUND/ANALYSIS:
a) Property Description:

The project is located on a site comprised of two contiguous parcels totaling 10.47 acres at the southwest corner of Gerald Ford Drive and Technology Drive (APNs 694- 580-026 and -027). The site is presently vacant and was rough graded as a part of a mass grading operation associated with PM 31730 and the former Wonder Palms Specific Plan in the mid-2000s.

The site fronts three public roadways: Gerald Ford Drive (north), Technology Drive (east), and College Drive (south). Each frontage is developed with an existing street, curb, and gutter, which were previously constructed under Community Facilities District (CFD) #2005-1, which financed public improvements adjacent to the site, including traffic signals, landscaped medians, water, sewer, storm drains, and two existing park sites. The site has been previously rough graded and contains an existing retention basin at the northeastern corner to retain onsite storm drainage flows. The perimeter of the site is lined with an existing wind fencing for security and erosion control. The areas surrounding the site are also rough graded or developed with a mix of commercial, and residential developments.

On November 16, 2016, the Palm Desert City Council adopted Resolution No. 2016- 87, which approved the 2035 Palm Desert General Plan and UNSP. The UNSP is comprised of approximately 400 acres generally bound by Portola Avenue, Gerald Ford Drive, Frank Sinatra Drive, and College Avenue, and provides for the development of a mixed-use community, adjacent to the planned campuses for California State University San Bernardino and the University of California, Riverside.

The project site is located within the northeastern section of the UNSP and is designated Neighborhood Center (NC). The NC designation is intended to provide for mixed-use neighborhoods, featuring neighborhood serving uses such as restaurants, office spaces, and a range of multi-family housing types. The zoning designation currently allows development at residential intensities of 20 to 40 dwelling units per acre and heights up to four stories (60’-0”). Medical land uses are not currently allowed

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within the UNSP.
b) Current Zoning & General Plan Land Use Designation:

Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project Site Vacant Town Center
Neighborhood (TCN) UNSP – Neighborhood Center
North Approved MultiFamily Residential TCN
Millennium Palm Desert
Specific Plan
(MPDSP)/Planning Area 6 & 7
South Single-family
Residential TCN UNSP – Neighborhood Medium (NM)
East Office Park Employment District
(ED) Office Professional (OP)
West Approved Singlefamily Residential TCN UNSP – Neighborhood Medium (NM)
Project Description:
• Specific Plan Amendment (SP) 22-0002: To amend the UNSP by:

A. Amending Table 4.1 of Chapter 4.3 – Allowed Land Uses by adding “Medical office” and “Medical clinic” as allowable land uses within the Neighborhood Center zoning designation.

B. Amending Table 4.2 of Chapter 4.4 –UNSP Development Standards by eliminating the maximum setback requirement for the Neighborhood Center zoning district with the Professional/Medical Overlay.

C. Incorporating other text land uses to support the changes listed above as detailed in Exhibit B of the attached Resolution.
• Environmental Assessment 22-0002: The environmental analysis prepared pursuant to the CEQA to support an Initial Study (IS)/Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP).
• Precise Plan 22-0009: To develop a 114,700-square-foot medical office park consisting of two phases:

A. Phase I includes:
i. A three-story, 94,700-square-foot medical office building (Building 1).

1. Architecture for this building is proposed at this time. ii. 474 onsite parking spaces.
iii. 150,078 square feet of site and perimeter landscaping. iv. Construction of three vehicular access driveways.
v. Off-site improvements, including a right-hand turn pocket on Gerald Ford Drive and acceleration lane.

B. Phase II includes:
i. Development of a single-story, 20,000-square-foot medical office building (Building 2) subject to review and approval by the Architectural Review Commission. This building will be a maximum of 25’-0” tall as measured from the pad height shown on the preliminary grading plan. It is required to be architecturally compatible with Building 1.
ii. Addition of 100 parking spaces for a total of 574 spaces.

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iii. Landscape improvements around Building 2 and the expanded parking area.
• Tentative Parcel Map: To subdivide the existing project 10.47-acre project site into two parcels:

A. Parcel 1: 4.83 acres – Containing the medical office building.

B. Parcel 2: 5.64 acres – Containing the project parking lot. a) Site Plan:

The site plan (see Figure 1 on next page) places the two proposed medical office buildings within the southern portion of the site. Primary frontages for each building are oriented north towards Gerald Ford Drive. Both buildings are enveloped by a continuous internal pedestrian walkway and parking areas. The street frontages are lined by parking areas, which are buffered by a combination of graded slopes and landscaping. The trash and loading areas for the development are located at the southern side of Building 1. A landscaped courtyard will be located between Buildings 1 and 2. Two site plans are provided to show the phasing plan for the project buildout. The primary retention basin for the site will be located at the southeast corner.

The topography of the site is characterized by a grade difference of approximately 25’- 0” descending from the higher point at the southern edge of the site along College Drive to Gerald Ford Drive. The northern frontage along Gerald Ford Drive is characterized by a grade change of 13’-0” above the existing street curb to the graded areas for parking.

The site will be subdivided into two parcels. Parcel 1 will total 4.83 acres and contain the future medical office buildings. Parcel two will total 5.64 acres and contain parking areas. Reciprocal access easements will be required between the parcels.

As outlined in the project plans, the project will be develop in two phases. The development of Phase I, which consists of the three-story medical building, all frontage improvements, parking, and landscaping will vest the project approval. Future development of the second phase will be conditioned to submit for a Design Review application to be approved by the ARC. The final architecture of the second Phase has not been submitted at this time but will be limited to a 20,000 square-foot medical office building with a maximum allowable height of 25’-0” measured from the approved pad elevation. Any deviations which increase the building size or height will require a new precise plan.

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Figure 1 – Proposed Site Plan for Phase II – Sheet A102 (Build-out Condition) b) Access and Circulation:

Vehicular access to the site is provided by three driveways located on Gerald Ford Drive, Technology Drive, and College Drive. Each driveway must be sloped to accommodate the grade change between the site elevations and the existing right-ofway.

The primary access drive on Gerald Ford Drive will be sloped at a grade of 9.50% while the access on College Drive will be sloped at 15.40%. A right-hand turn pocket will be provided to accommodate Gerald Ford Drive access. Drive lanes within the site will vary in width between a minimum of 24 feet up to 30 feet. As shown in the project site plan, grading plan, and preliminary landscape plan, all vehicular entries will feature an enhanced decorative pavement finish. The final design of this pavement may include pavers or other enhanced finish and may require a revised standard or deviation from the City standard driveway as determined by the City Engineer.

Pedestrian access points between the public sidewalk and the site are provided at Technology Drive (east) and College Drive (south). These access points will connect to the proposed pedestrian walkway, which envelopes the two medical office buildings.

The eastern driveway on Technology Drive will utilize a non-standard drive approach, which has been accepted by the City Engineer. The design of the off-site improvements may be modified subject to the City Engineer. c) Architecture:

The project is only providing architecture for Phase I of the project development.

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The architecture for Phase II will be proposed at a future time and will return to the ARC for consideration.

Phase I is a three-story medical office building with a building height of 48 feet, 6 inches measured to the top of parapet (TOP), with an additional shroud at 54 feet to provide screening for rooftop equipment. The architectural style is characterized as desert contemporary with mid-century modern elements, including long, horizontal building forms, flat roofs, broad overhangs, offset upper and lower windows, which are interspersed by spandrel glass and stucco projections, and shaded entries (see Figure 2 below). The exterior palette is comprised of cement plaster painted with a variety of desert earth tone colors, metal roof screening, and manufactured stone veneer.

Figure 2 – Proposed Building 1 Elevations – Sheet A303
Phase II is a future single-story medical office building. No architecture is proposed at this time. The building will be conditioned to have a maximum floor area of 20,000 square feet and a maximum building height of 25 feet. This building will be required to use similar finishes and materials to ensure the project design is cohesive and is conditioned to return for ARC review and approval and must utilize a compatible exterior building material palette to match Building 1. d) Landscaping:

The landscape for the site consists of a mix of desert-appropriate live plantings, which includes landscape along the site perimeter, curb-adjacent street trees, and shade trees throughout the private parking areas. The corners of the site will feature enhanced landscaping to provide a focal corner element. The landscaping for Phase II will return at a future time for ARC consideration and is conditioned to provide shade trees within parking areas and adjacent to Building 2.

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Figure 3 – Proposed Landscaping for Phase I
Trees:
• Palms: California Fan Palm Sago Palm, Mediterranean Fan Palm, Guadalupe Palm
• Shade Trees: Swan Hill Olive, Chilean Mesquite, Desert Willow, Southern Live Oak
Palm trees will vary from 10 feet brown trunk height to 15 gallons in size. All shade tree specimens will be a minimum 24-inch and 36-inch box size at the time of planting and have low water use.

Shrubs/Accents/Groundcover:
• Low Water Usage: Red Bird of Paradise, Mexican Fence Post, Wheel Cactus, Aloe Vera, Parry’s Agave, Ocotillo, Golden Barrel Cactus, Century Plant, Beaked Yucca, Brittle Bush, Red Yucca.
• Medium Water Usage: Yellow Bells, Heavenly Cloud Sage, Chihuahuan Sage, Blue Daze, Purple Trailing Lantana, New Gold Lantana, Rosemary, Barbara Karst Bougainvillea.

All shrubs and plants will be a minimum of five-gallon (5) in size at the time of planting. Tecoma Stans will be used to create a continuous perimeter hedge around the pad for Building 2 as an interim condition during Phase 1.

Hardscape:
• Primary ground cover: 3/8-inch Tan Crushed Stone (Copper Canyon) • Accent: Baja Crest Rubble – 6 to 12 inches

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• Boulders (16 total) ranging in size from 2 feet by 2 feet minimum. • Decorative paving at all vehicular project entries.
e) Exterior Lighting:

Exterior site lighting will consist of a combination of building-mounted lighting, polemounted parking lot lighting, and decorative landscape lighting. Exterior building and pole lighting fixtures are proposed to be directed downward and fully shielded to prevent and reduce glare and light trespass. Landscaping lighting will be low intensity and decorative in nature and consist of ground-mounted up lighting.

Analysis:

Development Standards
The project site is within the Neighborhood Center (NC) within sub-planning area 8 of the University Neighborhood Specific Plan (UNSP) dated January 7, 2017. The proposed medical office use is not currently allowed within the UNSP per Section 4.3 of the document, which contains Table 4.1 – Land Use Matrix, which lists allowed land uses. The UNSP currently allows office, professional land uses, which are administrative in nature, as defined by Palm Desert Municipal Code (PDMC) 25.99.020 – Definitions. The applicant proposes to amend UNSP Section 4.3 to allow medical offices and medical clinics as permitted land uses within the NC zoning district. The intent of this amendment is to add the land uses as defined in the PDMC to allow physical or mental health services and medical or surgical services but does not include inpatient or overnight care. Overnight or emergency room care may only be provided as a part of a medical hospital which is not proposed or currently allowed within the UNSP.

This amendment will also include a proposed Professional/Medical Office Overlay, which will allow for new development standards to adapt development to the higher parking needs, building designs for medical uses by allowing longer façade increments, and site layouts where parking is located in proximity to the public street with pedestrian connections between the building and street provided.

New development requires the approval of a PP by the Palm Desert Planning Commission in accordance with PDMC Section 25.72.030 and Section 6.7 of the UNSP. Development in the NC zoning district is subject to development standards provided under Table 4.2 – UNSP Development Standards of Chapter 4.3 of the UNSP as proposed to be modified by the proposed specific plan amendment. The Neighborhood Center Designation of the UNSP already allows building heights up to 60 feet. The table below summarizes the project’s conformance analysis for the proposed development:

Table 2 – Project Development Standard Conformance

STANDARD NC - UNSP PROJECT CONFORMS
Min. Max. Min. Max.

1. Ground Floor Non-Residential
a. Primary Street
Setback
0’ 10’ (To be
amended)
248’-5” 248’-5” Yes, as
amended*

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b. Side Street and Side
Yard
0’ 15’ (To be
amended)
99’-6” 191’-6” Yes, as
amended*

2. Rear Setback 5’ No max. 166’-8” N/A Yes
Maximum height 60’ 48’ (TOP) 54’ screening Yes
Max. number of stories 4 3 Yes
Parking 344 spaces (3/1000) 574 spaces (5/1000) Yes
* Indicates a development standard modified by the proposed Specific Plan Amendment.

Land Use Compatibility
The project design is consistent with the existing allowable maximum height and number of building stories currently allowed by the Palm Desert General Plan for the Town Center Neighborhood and UNSP for the Neighborhood Center designation. The vicinity of the project site is developed with a mix of office professional, hospitality, single-family and future multifamily residential. The project proposes to amend the University Neighborhood Specific Plan to allow the proposed use and increase the allowable building setback to enable the surface parking lot to be placed between the building and street frontage. The site has been identified to provide mixed-use development, which provides direct access to storefronts and buildings placed in close proximity to the public street. Existing developments in the area consist of single-family tracts to the south and west and office-professional complexes, which place parking along primary street frontages or large slopes due to substantial grade differences due to topography in the area. The use is personal service/medical use oriented towards serving the needs of the surrounding neighborhoods and is located along a corridor to provide an extension from the existing medical office located to the east.

The proposal implements the design goals and policies of the General Plan including:

Land Use Policy 8.2 – The project is a medical office complex that will provide a variety of professional and technical jobs, which will expand the number of living-wage paying jobs within the City.

Land Use Policy 8.3 – The proposed project and use increases the amount of employmentgenerating uses within the City. The proposed use is near existing and proposed housing and commercial centers in the area.

Parking
Section J of Table 4.2 – Development Standards of the UNSP requires a minimum parking ratio of three (3) spaces per 1,000 square feet of building area. At a total floor area of 114,700 square feet, the project will require a minimum of 344 parking spaces. The project will provide a total of 476 parking spaces in Phase I and 574 parking spaces in Phase II. This is a ratio of approximately five (5) spaces per 1,000 square feet of building area, which exceeds the minimum required parking and complies with the parking standard.

Additionally, pursuant to PDMC Chapter 25.46.040, the use is required to provide both longand short-term bicycle parking at a rate of five percent (5%) of the parking requirement or 17 spaces for each Phase (34 total). The project will provide 30 short-term bicycle parking stalls and 30 long-term bicycle parking lockers.

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Public Input:

Public Notification
Public noticing was conducted for the September 19, 2023, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, September 8, 2023, in The Desert Sun newspaper. Notices were mailed to all property owners within 1,000 feet of the project site and all properties within the UNSP; including recently constructed residential properties to the south and west of the site.

Community Engagement
PDMC Section 25.60.160 requires all development projects on sites greater than five (5) acres to prepare Community Engagement Plans to present and engage in a public outreach meeting early in the entitlement process of new projects and address concerns of the public prior to an action of the approving body. The proposal is located on a site that is 10.47 acres; therefore, a community engagement plan was prepared per the PDMC. The applicant hosted a hybrid in-person/Zoom meeting with residents on March 8, 2023, prior to submitting the project to the City for review. The meeting was attended by approximately two residents and one resident over Zoom.

Participants of the community meeting questioned how the design of the site would affect existing views across the site from the University Park development located directly south of the Project site (TR 36342). The Applicant provided two-dimensional cross-section views showing the difference in pad heights and separation between the single-family homes and the Project across the north to south of the site. The section views are provided below. The Applicant noted there is roughly 25 feet in grade difference between the existing pad elevations of the homes to the south and the proposed building.

Figure 4 – Site Cross Sections (A121)
(See Following Page)

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Environmental Assessment/Environment Review:

Pursuant to the CEQA and the State CEQA Guidelines, an Initial Study has been prepared to analyze the environmental impacts of the project. In May 2023, the City circulated notice of the project to local tribes per the list established by the Native American Heritage Commission (NAHC) in accordance with Assembly Bill 52 and Senate Bill 18 for consultation.

A total of 24 letters were mailed out, including nineteen (19) for SB 18 only and six (6) for AB 52/SB 18. The City exchanged correspondence with the Agua Caliente Tribe of Cahuilla Indians; however, no formal request for consultation by the tribes was made. The MND provides for Mitigation Measures with respect to Tribal Resources and will require the presence of an approved tribal monitor during ground-disturbing activities. The City circulated the Notice of Intent to Adopt an Initial Study (IS)/Mitigated Negative Declaration (MND) in The Desert Sun, the newspaper of record, the Riverside County Clerk, and the State Clearinghouse Website on May 16, 2023, for the public review and comment period of no less than 20 days ending on June 5, 2023. Any comments received will be presented to the Planning Commission and included in the public record and, if warranted, staff will provide an appropriate response.

In the City’s role as the lead agency under CEQA, the staff finds that the MND and Initial Study dated May 2023 contains a complete and accurate reporting of the environmental impacts associated with the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program. Staff is recommending that the Planning Commission recommend the City Council adopt the MND for the purposes of CEQA. The MMRP is attached to Draft Resolution No. 2832 as Exhibit “A”.

Comment letters on the draft IS/MND were submitted by California Fish and Wildlife and a law firm representing CARE CA. The response to those comments is provided as an attachment to this report.

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Findings of Approval:

Findings can be made in support of the project under the City’s Municipal Code. Findings in support of this project are contained in Planning Commission Resolution No. 2832 and Resolution No. 2833, attached to this staff report.

REVIEWED BY:

Department Director: Richard D. Cannone, AICP
Principal Planner: Nick Melloni, AICP
ATTACHMENTS:

1. Draft Planning Commission Resolution No. 2832

2. Draft Planning Commission Resolution No. 2833

3. Public Hearing Notice

4. Architectural Review Commission Notice of Action and Minutes

5. Project Initial Study/Mitigated Negative Declaration and Appendices

6. Response to Comments on Initial Study/MND

7. University Neighborhood Specific Plan Amendment – May 2023

8. Project Plans

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PLANNING COMMISSION RESOLUTION NO. 2832

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM

DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

ADOPT A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA) AND

RECOMMENDING APPROVAL OF A SPECIFIC PLAN AMENDMENT TO

THE UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN AND APPLYING A PROFESSIONAL/ MEDICAL OFFICE OVERLAY TO A 10. 47- ACRE

PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND TECHNOLOGY DRIVE ( ASSESSOR' S PARCEL NUMBERS 694- 580- 026 AND - 027)
CASE NOS. SP/ EA22- 0002
WHEREAS, Prest Vuksic Greenwood Architects (" Applicant") submitted applications for a Specific Plan Amendment (" Specific Plan") to amend the University Neighborhood Specific Plan ( UNSP) to allow medical offices and medical clinics as allowed land uses within the Neighborhood Center designation, create a Professional/ Medical Office Overlay, and apply said overlay to a 10. 47- acre site located at the southwest corner of Gerald Ford Drive and Technology Drive; and
WHEREAS, the land use designation of the Project site is Town Center Neighborhood TCN) per the General Plan adopted November 10, 2016, by Resolution No. 2016- 87; and WHEREAS, the Project site is located within the UNSP, adopted on December 8, 2016, by Ordinance No. 1312 as Case No. CZ 16- 262, and is designated Neighborhood Center ( NC); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines ( Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert' s (" City' s") Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an Environmental Impact Report ( EIR) was required; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA ( State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration ( MND), SCH No. 2023050370 ( EA22- 0002), and an accompanying Mitigation Monitoring and Reporting Program ( MMRP), were prepared for the Project; and
WHEREAS, the Project is consistent with the development density and use characteristics considered by the General Plan EIR, Specific Plan MND in the TCN land use designation; and
WHEREAS, the University Neighborhood Specific Plan Amendment (" Specific Plan") has been prepared pursuant to the California Government Code § 65451 and is compliant with state law; and
1

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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 191h day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above- noted Project request; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:

SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Findings of Specific Plan. In recommending approval of this Project, the Planning Commission, shall make the following findings in accordance with the Palm Desert Municipal Code ( PDMC):

1. Consistent with the General Plan. The Specific Plan or amendment is consistent with the goals, objectives, and policies of the General Plan.

The Specific Plan Amendment is consistent with the Palm Desert General Plan goals and policies of the Land Use Element. The Project site is designated Town Center Neighborhood ( TCN) by the Palm Desert General Plan Land Use Element ( see page 30 of the General Plan). The TCN designation is intended to provide moderate to higher intensity neighborhood development that features a variety of housing choices, walkable streets, and mixed uses, including institutional and service uses, which are compatible with and oriented toward serving the needs of neighborhoods along corridors. The Project provides medical offices near existing and approved residential land uses in the area and provides full frontage improvements, including sidewalks and pedestrian connections to the office building. The changes will not affect the overall specific plan but will add optional development standards for future medical office projects.

2. Public Welfare. The Specific Plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare.

The Specific Plan will not create conditions materially detrimental to the public health, safety, and general welfare or cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslide, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Ground-disturbing activities are 2

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conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with a traffic impact analysis.

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.

The Specific Plan amendment will add medical clinics and medical offices as allowable land uses within the Neighborhood Center designation. These land uses provide personal care and medical services to serve the needs of neighborhoods and are similar to the research and development land use, which is allowable within the Town Center Neighborhood General Plan Land Use Designation. The amendment will add an optional overlay district, known as the Professional/Medical Office Overlay Zone, which mayY be appliedP to parcels p That contain 75/ o or greater 9' medical or professional p rofess o a office uses and apply the overlay to a 10. 47- acre parcel located at the southwest corner of Gerald Ford Drive and Technology Drive. The Project site is located in a largely urbanized area of Palm Desert that supports a mix of commercial and residential land uses with surrounding land uses, including single- family residential to the south and west, professional and medical office uses to the east, and planned multi- family residential and commercial to the north. The application of the professional/ medical area is compatible and will provide for a harmonious transition between commercial uses along Gerald Ford Drive and residential neighborhoods to the south.

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.

The 400 acres subjected to the UNSP are suitable for the proposed development. No environmental issues were identified in the preparation and drafting of the General Plan EIR that would indicate that development in this area would be unsuitable. In addition existin 9
commercial and residential developments have successfullyY constructed similar types of development in the immediate vicinity. No obstacles to the development of surrounding subdivisions were experienced, and due to the proximity and similarity of the proposed development, it' s reasonable to conclude that the site is physically suitable for it. The property is suitable for the proposed development, and mitigation measures identified in the General Plan EiR ensure that impacts to the surrounding areas are minimized.

5. CEQA. The Specific Plan or amendment has been reviewed in compliance with the provisions of the CEQA.

The Specific Plan Amendment has been reviewed in compliance with the provisions of the CEQA. Under the CEQA and the State CEQA Guidelines, an initial Study has 3

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been prepared to analyze the environmental impacts of the Project. The documents have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. All environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the MND, Initial Study, and the Mitigation Monitoring and Reporting Program ( MMRP). The MMRP is attached to this Resolution as Exhibit "A." The Planning Commission recommends that the City Council adopt the MND for the purposes of CEQA.

SECTION 3. Project Recommendations. The Planning Commission hereby recommends approval of SP/ EA22- 0002 attached to this Resolution as Exhibit " B" to the City Council, subject to the findings and Conditions of Approval.

SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City' s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings.

SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution and the Secretary to the Commission shall attest and certify to the passage and adoption thereof.

SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

ADOPTED ON Septemberl9, 2023.

PO4 wquA
Ron G, eaorS; Sep , 202 0: 5; PD—

RON GREGORY

VICE- CHAIRPERSON
ATTEST:

RICHARD D. CANNONE, AICP

SECRETARY
4

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PLANNING COMMISSION RESOLUTION NO. 2832
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2832 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 19, 2023, by the following vote:

AYES: DE LUNA, GREGORY, and HOLT
NOES: NONE
ABSENT: PRADETTO
ABSTAIN: NONE
RECUSED: GREENWOOD
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on Septembe2023.

RICHARD D. CANNONE, AICP

SECRETARY
5

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EXHIBIT A

CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/ EA22- 0002

MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure for Monitoring Timing Criteria

BIOLOGICAL RESOURCES
BIO. 1 Burrowing Owl Surveys Project Prior to The Project biologist shall supply To mitigate potential impacts to burrowing owl, two pre- Biologist, City issuance of the City with reports of findings construction surveys shall be conducted in accordance Engineer, any permits regarding burrowing owls and with CDFW protocol. The first survey shall occur Planning that result in migratory birds. The reports will be between 14 and 30 days prior to ground disturbance, Department ground attached to the grading permit for and the second shall occur within 24 hours of the disturbance the Project. initiation of ground disturbance activities for any phase of development on the Project site.

If no owls are detected during those surveys, ground
disturbance may proceed without further
consideration of this species, assuming there is no
lapse between the surveys and construction,
because the protocol states " time lapses between
Project activities trigger subsequent take avoidance
surveys including but not limited to a final survey
conducted within 24 hours prior to ground
disturbance."
If burrowing owls are detected during the surveys,
avoidance and minimization measures shall be
required. Avoidance and minimization measures
may include establishing a buffer zone, installing a
visual barrier, implementing burrow exclusion and/ or
closure techniques, in conformance with CDFW
protocol.
6

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PLANNING COMMISSION RESOLUTION NO. 2832

CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/ EA22- 0002

MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure for Monitoring Timing Criteria
BIO. 2 Migratory Bird Treaty Act Project Prior to The Project biologist shall supply If ground disturbance or tree or plant removal is Biologist, City issuance of the City with reports of findings proposed between January 15 1st and August 31 st, a Engineer, any permits regarding burrowing owls and qualified biologist shall conduct a nesting bird survey Planning that result in migratory birds. The reports will be within 7 to 10 days of initiation of grading onsite, Department ground attached to the grading permit for focusing on MBTA covered species. If active nests are disturbance the Project. reported, then species- specific measures shall be
prepared. At a minimum, grading in the vicinity of a nest shall be postponed until the young birds have fledged.

For construction that occurs between September 1st
and January 31 st, no pre-removal nesting bird survey is required.

In the event active nests are found, exclusionary
fencing shall be placed around the nests until
such time as nestlings have fledged. Avoidance
buffers shall be 100 to 300 feet from the nests of
unlisted songbirds, and 500 feet from the nests
of birds- of-prey and listed species.

CULTURAL AND TRIBAL RESOURCES
7

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PLANNING COMMISSION RESOLUTION NO. 2832

CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/ EA22- 0002

MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure for Monitoring Timing Criteria
CULA Archaeological and Tribal Monitoring Project Monitoring Within 30 days of the completion of Earth- moving activities, including grading, grubbing, applicant, shall occur ground disturbing activities on the trenching, or excavations at the site shall be monitored Project during Project site, a report of findings by a qualified archaeologist and a Native American archaeologist, earth- shall be filed with the City. monitor. Tribal monitor, moving
Planning activities.

If any cultural materials more than 50 years of age are Division, City discovered, they shall be recorded and evaluated in the Engineer. field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but must have the
power to temporarily halt or divert construction
equipment to allow for controlled archaeological
recovery if a substantial cultural deposit is encountered.

The monitors shall determine when excavations have
reached sufficient depth to preclude the occurrence of
cultural resources, and when monitoring should
conclude.

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PLANNING COMMISSION RESOLUTION NO. 2832

CITY OF PALM DESERT
UNIVERSITY MEDICAL OFFICE PARK CASE NO. SP/ EA22- 0002

MITIGATION AND MONITORING PROGRAM
Responsible
Mitigation Measure for Monitoring Timing Criteria

GEOLOGY AND SOILS
Project Prior to Final report submitted to and
engineer, issuance of approved by the City
GEO. 1 A site- specific Geotechnical Report shall be Project grading prepared and submitted with grading plans, and report geotechnical permits recommendations should be incorporated in Project consultant, design and construction. Project
applicant.

TRAFFIC AND CIRCULATION
TRA. 1 In addition to paying the requisite CVAG TUMF Project Prior to the The Project applicant shall fee, and to remedy the LOS deficiency at the applicant, issuance of coordinate with the City and CVAG intersections of Cook Street and the 1- 10 westbound and CVAG, City grading the payment of CVAG' s TUMF fee eastbound ramps, the Project is responsible for the Engineer. permits and the agreed upon fair share following fair share contributions: contribution for improvements to the intersection of Cook Street and
Intersection of Cook Street and 1- 10 Westbound Ramp: the 1- 10 westbound and eastbound Project is responsible for 8. 0% towards a 2nd 200 ft. WB ramps. left turn lane.

Intersection of Cook Street and 1- 10 Eastbound Ramp:

Project is responsible for 9. 2% towards the restriping of existing NB travel lanes to achieve a 12ft. wide NB 200 ft. long right turn lane, with remaining through travel lanes at 11ft. widths. Ultimately include northbound freeright turn channelization. 9

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PLANNING COMMISSION RESOLUTION NO. 2832

EXHIBIT B

AMENDED UNIVERSITY NEIGHBORHOOD SPECIFIC PLAN

UNIVERSITY NEIGHBORHOOD
City of Palm Desert.

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CITY OF PALM DESERT UNIVERSITY NEIGHBORHOOD SPECIFIC PLANS 4; 4W- 44AMENDED 77, 2023 } a 10

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PLANNING COMMISSION RESOLUTION NO. 2833

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM

DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

APPROVE A PRECISE PLAN AND TENTATIVE PARCEL MAP TO DEVELOP A PHASED 114, 700- SQUARE- FOOT MEDICAL OFFICE PARK WITH

RELATED ON- SITE AND OFF- SITE IMPROVEMENTS, AND SUBDIVIDE A

10.47-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF

GERALD FORD DRIVE AND TECHNOLOGY DRIVE ( ASSESSOR' S PARCEL NUMBERS 694- 580- 026 AND - 027)
CASE NOS. PP22- 0009 & TPM 38728
WHEREAS, Prest Vuksic Greenwood Architects (" Applicant"), submitted an application for a Specific Plan Amendment (" Specific Plan") to amend the University Neighborhood Specific Plan ( UNSP) to allow medical offices and medical clinics as allowed land uses within the Neighborhood Center designation, create a Professional/ Medical Office Overlay, and apply said overlay to the 10.47-acre site located at the southwest corner of Gerald Ford Drive and Technology Drive; and
WHEREAS, the Applicant also submitted applications for a Precise Plan ( PP) to develop a 114, 700- square- foot medical office park, including a 94, 700- square- foot, threestory medical office building ( Building 1) and future 20, 000-square-foot, single-story medical office building ( Building 2), and on- site parking, landscaping, and off-site public improvements for the Project site, and a Tentative Parcel Map ( TMP) to subdivide the 10. 47- acre Project site into two parcels; and
WHEREAS, the Project site has a land use designation of Town Center Neighborhood TCN) in the General Plan adopted on the 10th day of November 2016, and a zoning designation of Planning Residential ( PR- 20); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act ( CEQA) Guidelines ( Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert' s (" City' s") Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Architectural Review Commission ( ARC) of the City of Palm Desert, California, did on the 14th day of March 2023, approve a design review for the Project, subject to conditions; and
WHEREAS, in accordance with State CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment and to evaluate whether an Environmental Impact Report ( EIR) was required; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA ( State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, a Mitigated Negative Declaration ( MND), SCH# 2023050370 EA 22- 0002), and an accompanying Mitigation Monitoring and Reporting Program ( MMRP), were prepared for the Project; and

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PLANNING COMMISSION RESOLUTION NO. 2833
WHEREAS, the Project is consistent with the development density and use characteristics considered by the General Plan EIR, Specific Plan MND in the TCN land use designation; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of September 2023, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above- noted Project request; and WHEREAS, the Planning Commission did on the 19th day of September 2023, adopted Resolution No. 2832, recommending approval of the Specific Plan Amendment to the UNSP to allow medical offices and medical clinics as permitted land uses in the Neighborhood Center zone; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows:

SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. Findings on Tentative Parcel Map. In recommending approval of this Project, the Planning Commission and under Palm Desert Municipal Code ( PDMC) Section

26. 20. 100( C), shall deny approval of a tentative map if any of the following findings are made:

1. That the density of the proposed subdivision is not consistent with applicable general and specific plans.

The maP has been reviewed and found to be consistent with the density, Y lot development standards, and land uses of the UNSP and the General Plan Land Use Designation for the TCN. The TPM proposes to create a two- lot subdivision within a

10. 47-acre Project site. The UNSP does not establish a minimum lot size requirement or a minimum parcel dimension for non- residential lots. The proposed lots are intended to serve a medical office development, therefore, comply with the applicable standards set.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The design and improvements of the subdivision are consistent with the applicable Specific Plan requirements for lot standards, the circulation, and distribution of land 2

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PLANNING COMMISSION RESOLUTION NO. 2833
uses. The dedications for public right- of-way are consistent with the applicable circulation elements of the Specific Plan.

3. That the site is not physically suitable for this type of development.

The site is physically suitable for the proposed medical office park development. The Project has been analyzed by the City's Public Works Department, Land Development and Engineering, and Planning Division. The site has suitable access, grading, drainage, and zoning to allow the development.

4. That the site is not physically suitable for the proposed density of development.

The MND for the Specific Plan identifies required mitigation.

5. That the design of the subdivision or the improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat.

The design of the subdivision and improvements will not cause damage or substantially injure wildlife habitat. The subject property is in an urbanized area of Palm Desert and is adjacent to major roadways, including Gerald Ford Drive. The site is vacant and surrounded by residential development to the west and commercial development to the east. The site has been heavily disturbed by previous grading activities and is surrounded on the north, east, and south side by urbanized development. On- site vegetation coverage is generally sparce with regrowth of shrubs and desert grasses. Due to the disturbed nature of vegetation and soils, the Project site has a very low to low potential to harbor sensitive wildlife species. Grounddisturbing activities for the development of the Project shall comply with the Migratory Bird Treaty Act, as well as preparation of a burrowing owl survey prior to grounddisturbing activities, and prior to the removal of vegetation or tree removal shall ensure no habitat is damaged.

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

The design of the subdivision is not likely to cause serious health problems. The Project is not located within a hazardous area that would be subject to flooding, liquefaction, landslide, fault zones, or other natural hazards. The Project does not generate adverse effects that would cause public health problems. Ground- disturbing activities are conditioned to prepare plans to control fugitive dust. The access locations to the subdivision have been evaluated in accordance with the Specific Plan and will not adversely affect public health.
3

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PLANNING COMMISSION RESOLUTION NO. 2833
SECTION 3. Proiect Recommendations. The Planning Commission hereby recommends approval of PP22- 0009 and TPM 38728 to the City Council, subject to the findings and Conditions of Approval attached herein as Exhibit A.

SECTION 5. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution and the Secretary to the Commission shall attest and certify the passage and adoption thereof.

SECTION 6. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

ADOPTED ON September 19, 2023.

Pon Gregory! Sep , 202. 541 PDT

RON GREGORY

VICE- CHAIRPERSON
ATTEST:

RICHARD D. CANNONE, AICP

SECRETARY
4

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PLANNING COMMISSION RESOLUTION NO. 2833
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2833 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on September 19, 2023, by the following vote:

R CHARD D. CANNONE, AICP

SECRETARY
5

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PLANNING COMMISSION RESOLUTION NO. 2833

EXHIBIT A

CONDITIONS OF APPROVAL
CASE NO. PP22- 0009, TPM 38728
PLANNING DIVISION:

1. The development of the property shall conform substantially with exhibits on file with the Development Services Department, as modified by the following conditions.

2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these project approvals for the Project, or the project approvals themselves, the Developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the City ( including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the Developer' s approval of counsel, which shall not be unreasonably denied, and at the Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the Developer and cooperate in the defense. The Developer, upon such notification, shall deposit with City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and Developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. Developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third- party litigation of project approvals without the Developer' s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the Developer materially breaches this indemnification requirement.

3. The development of the property described herein shall be subject to the restrictions and lim itations set forth herein, which are in addition to the approved development standards listed in the PDMC and University Neighborhood Specific Plan, and state and federal statutes now in force, or which hereafter may be in force.

4. The Tentative Parcel Map shall expire if recordation of the Final Parcel Map is not completed within two ( 2) years from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever.

5. The Precise Plan shall expire within two ( 2) years from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 6

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PLANNING COMMISSION RESOLUTION NO. 2833

6. The approved PP shall only be modified with written City approval per PDMC Chapter

25. 72. 030. Any proposed changes to this PP will require an amendment to the application, which may result in a new public hearing.

7. The approved TPM shall only be modified with written City approval in accordance with the requirements of the University Neighborhood Specific Plan and Chapter 26. 20 of the PDMC.

8. All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Development Services Department.

9. A copy of the herein- listed Conditions of Approval shall be included in the construction documentation package for the Project, which shall be continuously maintained on- site during Project construction.

10. The Applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2833 and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision- making body.

11. 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:

12. This Project is subject to payment of the City' s Public Art fee. The fee will be applied prior to a building permit issuance and shall remain in the City' s public art fund. Alternatively, the project may propose public art in lieu of the fee subject to review and approval by the Cultural Arts Committee.

13. The pad elevations of all lots shall be consistent with the approved preliminary grading and drainage plan included with the project file dated March 7, 2023. Adjustments which increase or decrease the pad elevation by six inches ( 0'- 6") or less shall be subject to review and approval by the Director of Development Services and City Engineer.

A. Adjustments which increase the pad elevations by more than six ( 6) inches shall require Planning Commission approval.
7

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PLANNING COMMISSION RESOLUTION NO. 2833

14. All mitigation measures identified in the University Specific Plan MND ( SCH 2023050370) shall be incorporated into the planning, design, development, and operation of the Project.

15. All exterior lighting sources shall be fully shielded and directed downwards and is subject to approval by the Development Services Department. Luminaries with total lamp lumens above 16, 000 lumens shall not be used. Prior to building permit issuance, the Applicant shall submit plans for outdoor lighting as required by PDMC Section 24. 16. 030 and include glare ratings and color temperature for all exterior light fixtures.

16. Final lighting plans shall be submitted per PDMC Section 24. 16 for any landscape, architectural, street, or other lighting types within the Project area.

17. Prior to the building permit issuance, the Applicant shall submit a landscape construction application for approval by the Development Services Department and Coachella Valley Water District.

18. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be signed by the landscape architect and shall include the license number and the expiration date.

The landscape plan shall conform to the preliminary landscape plans prepared as part of this application and shall include dense plantings of live landscape material. All trees shall be a minimum 24- inch box in size and all plants shall be a minimum of five ( 5) gallons in size at the time of planting, and.

A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to or concurrent with submittal to CVWD.

B. The grading design plans shall be submitted as a part of the landscape documentation package.

19. All Project irrigation systems shall function properly, and landscaping shall be maintained in a healthy and thriving condition. The maintenance of landscaping and the irrigation system shall be permanently provided for all areas of the Project site. Furthermore, the plans shall identify responsibility for the continued maintenance.

20. Prior to the issuance of the Certificate of Occupancy, the Project shall record a landscape maintenance agreement for site landscaping and new landscaping located within the public right of way along the project frontages as depicted on the approved preliminary landscape plan dated March 8, 2023; this is not intended to include the existing landscaped medians adjacent to the project.

21. Prior to the issuance of the Certificate of Occupancy, the certified landscape architect or designer of record shall submit written verification and certificate of completion to the Planning Division that the landscaping and irrigation have been installed per the approved landscape plan adjacent to the project site.
8

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PLANNING COMMISSION RESOLUTION NO. 2833

22. All exterior and rooftop equipment and all appurtenances thereto shall be completely screened from public view by walls or roof screens that are architecturally treated to be consistent with the building. The final construction plans shall include appropriate drawings demonstrating how such equipment is to be screened from view.

23. All roof drainage systems and devices shall be designed such that they are fully screened from view from all public streets. Drainage devices, including but not limited to downspouts, shall not be located on any street- facing building elevation or area that is clearly visible from the public right- of-way. Drainage devices shall be fully integrated into the building structure and located within the exterior walls of the structure.

24. All roof access ladders shall be located on the inside of the building and shall be fully screened by rooftop parapets.

25. All ground- mounted utility structures including, but not limited to, transformers, HVAC equipment, and backflow prevention valves shall be located out of view from any public street or adequately screened using landscaping and/ or masonry walls.

26. Exterior building elevations showing building wall materials, roof types, exterior colors, and appropriate vertical dimensions shall be included in the development construction drawings.

27. All parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Except as required by the state and the Americans with Disability Act ( ADA) requirements, all markings shall be a minimum four- inch ( 4") wide double hairpin" style) stripe designed to provide 18 inches measured outside to outside under City Council Resolution No. 01- 5.

28. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations.

29. The Applicant shall construct the pedestrian circulation network as shown on the approved preliminary grading dated March 7, 2023, and provide pedestrian access points as shown on the approved preliminary site plan.

30. Exterior signage shall always comply with Chapter 25. 56 of the PDMC. The Applicant shall submit a sign program for review by the Architectural Review Commission for all exterior signage including wall signage, monument signage, and directional signage. All signage shall be coordinated for consistency.

31. All exterior wall signs shall be coordinated to utilize a consistent construction and illumination method. Illuminated signs which face residential uses shall be restricted to reverse- lit or halo- illumination and shall refrain from use of through- lighting.

32. Prior to permit issuance, the final construction drawings for the medical building shall be submitted to the Architectural Review Commission or Architectural Review Commission Subcommittee to ensure the final drawings substantially conform to the preliminary plan set.
9

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PLANNING COMMISSION RESOLUTION NO. 2833

33. The Applicant shall comply with the recommendations made by the City' s Architectural Review Commission ( ARC), as referenced in the March 14, 2023, Notice of Action.

34. The PP approval is for a two phase, 114, 700- square- foot medical office park and phasing shall occur as depicted in the Overall Site Plan Phases dated March 6, 2023, however, may be constructed in its entirety in a single phase in the future:

A. Phase 1 consists of Building 1, a 94, 700 square- foot medical office building, the pad for a Building 2, a future 20, 000 square-foot medical building, all street and sidewalk improvements, full perimeter landscape improvements, and approximately 476 on- site parking spaces, and offsite improvements.

B. Phase 2 consists of a 20, 000 square-foot, single- story medical office building with a maximum height of 25-0" from the approved pad and additional parking to allow a total of 574 on- site parking P g spaces, P and additional landscaping.

C. All offsite improvements as shown on the plans and modified by conditions shall be completed with Phase 1 of the project.

D. Phase 1 shall be developed within two ( 2) years, or the Precise Plan will expire unless an extension of time is granted by the Planning Commission per Condition No. 5 of this Resolution.

35. The final architecture of Building 2 shall require review and approval of a Design Review application by the Architectural Review Commission. The building shall be limited to a maximum total floor area of 20, 000 square- feet and shall be single- story with a maximum height of 25- 0" as measured from the approved finished grade of 179. 3 ( NAVD29). The architectural style shall be compatible with Building 1 and shall use a matching material and color palette. The final design shall also include a landscape plan for parking areas within Phase 2.

A. Proposals which relocate, and/ or increase the building height and/ or maximum total floor area of Building 2, shall require an amendment to the PP.

36. Prior to the issuance of a certificate of occupancy for Building 1, the Applicant shall stabilize the pad for Building, and unpaved parking areas of Phase 2 to the satisfaction of the Director of Development Services and plant a continuous irrigated hedge around the perimeter of each area. The stabilized areas and hedges shall be maintained until Building 2 is completed.

LAND DEVELOPMENT DIVISION:

37. The following plans, studies, and exhibits are hereby referenced: University Neighborhood Specific Plan ( UNSP) adopted by Ordinance 1312, and dated January 2017; Preliminary Grading and Drainage Plan, prepared by Michael Baker International and dated March 7, 2023; Tentative Parcel Map No. 38728 exhibit, prepared by Michael Baker International and dated May 2023; Preliminary Utility Plan, prepared by Michael Baker International and dated March 7, 2023; University Medical Office Park Preliminary Hydrology Report, prepared by Michael Baker International and dated December 7, 2022; and Preliminary Water Quality Management Plan, prepared by Michael Baker International and dated December, 2022.
10

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PLANNING COMMISSION RESOLUTION NO. 2833

39. It is understood that the conceptual exhibits correctly show acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q' s, and that the omission or unacceptability may require that the Applicant amend or revise the site plan as may be.

40. Prior to issuance of the first building permit for the development, the Applicant shall pay all appropriate signalization fees in accordance with the City' s Resolution No. 79- 17 and 79- 55.

41. Prior to map approval, the Applicant shall pay all appropriate drainage fees in accordance with the City's Municipal Code Section 26.49 and Palm Desert Ordinance No. 653.

42. Prior to map approval, the Applicant shall pay all appropriate park fees in accordance with the City' s Municipal Code Section 26. 48. 060.

43. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24. 20 Stormwater Management and Discharge Ordinance.

44. All utility extensions within the site shall be placed underground unless otherwise specified or allowed by the respective utility purveyor.

46. The grading plan shall provide for acceptance and proper disposal of all off- site drainage flowing onto or through the site. Should the quantities exceed the street capacity, the Applicant shall provide adequate drainage facilities and/ or appropriate easements as approved by the City Engineer.

47. Pad elevations, as shown on the conceptual exhibit, are subject to review and modification per Chapter 27 of the Palm Desert Municipal Code.
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PLANNING COMMISSION RESOLUTION NO. 2833

49. All drainage and storm drain improvements shall be designed per PDMC Title 24, Riverside County Flood Control and Water Conservation District' s standards for the Drainage Element of the Palm Desert General Plan, and all other relevant laws, rules, and regulations governing grading in the City of Palm Desert.

50. Prior to approval of the grading plans, the Applicant shall provide the City Engineer with evidence that a Notice of Intent ( NOI) has been filed with the State Water Resources Control Board. Such Evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed.

51. Prior to the issuance of a grading permit, the Applicant shall submit a PM10 application for review and approval. The Applicant shall comply with all provisions of PDMC Section

24. 12 regarding Fugitive Dust Control.

52. Prior to issuance of grading permit the Applicant shall submit a Storm Water Pollution Prevention Plan ( SWPPP) for review and approval of the Land Development department.

53. Where grading involves import or export, the Applicant shall obtain permits, from the Public Works Department, including import/export quantities and hauling route.

54. Prior to grading permit, it shall be the sole responsibility of the Applicant to obtain any and all proposed or required easements and/ or permissions necessary to perform the grading shown on the grading plan exhibit. Proof shall be provided to the Land Development Department prior to issuance of grading permit.

55. It is assumed that the grading and the provisions for water quality management shown on the conceptual grading exhibit can comply with all requirements for a Final Water Quality Management Plan ( F- WQMP) without substantial change from that shown. Prior to approval of the grading plan for each Precise Plan Landowner shall prepare, or cause to be prepared, a Final WQMP in conformance with the requirements of the Riverside County Flood Control and Water Conservation District ( RCFC&WCD) Whitewater River Watershed area for approval of the City Engineer.

56. All post- construction BMPs shall be designed based on the City of Palm Desert' s maximum infiltration criteria of one ( 1) inch/ hour.

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PLANNING COMMISSION RESOLUTION NO. 2833

58. Prior to issuance of grading permit and in compliance with the City of Palm Desert Municipal Code Chapter 27. 24, the Applicant shall enter into an agreement and post financial security guarantee for all grading work related to this project.

60. Prior to issuance of precise grading permit, the Applicant shall submit grading and improvement plans for onsite improvements for review and approval of the City Engineer.

A. Signing and striping shall be part of the plans and shall include stop signs and stop bars for vehicles exiting the site at proposed driveways.

B. All private improvements shall be kept within private property. Non- standard encroachments into proposed public right- of- way will not be permitted, unless clearly identified on these conditions of approval.

61. Prior to the start of grading activities, the Applicant shall install all erosion and dust control mechanisms for the site as approved by the City.

62. Upon completion of grading of each phase, the project' s Geotechnical Engineer shall certify the completion of grading in conformance with the approved grading plans and the recommendations of the geotechnical report approved for this project. A licensed land surveyor shall certify the completion of grading in conformance with the lines and grades shown on the approved grading plans.

63. Final parcel map shall show corner cut back dedication at Gerald Ford Drive and Technology Drive intersection, and Technology Drive and College Drive intersection per Riverside County Standard No. 805 and/ or as adequately designed to accommodate public infrastructure and adequate ADA path of travel within the public right- of-way, whichever is more stringent.

64. Final parcel map shall show additional right- of- way dedication at project driveway intersections required to accommodate public infrastructure within public right- of-way and be in compliance with ADA requirements.

66. Prior to map approval, the Applicant shall provide full- scale signing and striping plans for each) Gerald Ford Drive, Technology Drive, and College Drive improvements. The signing and striping plans shall be submitted as a separate set of plans from the street improvement plans for review and approval of the City Engineer. Signing and striping plans shall show existing improvements and proposed modifications including, but not limited to, bike lanes, roundabout( s), travel lanes, pavement markings, turning lanes, existing and proposed traffic signs, etc. All signing and striping within public streets shall follow California Highway Design Manual ( CA HDM) and California Manual of Uniform 13

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PLANNING COMMISSION RESOLUTION NO. 2833
Traffic Control Devices ( CA MUTCD) design guidelines and standards and must be signed by a licensed Civil Engineer or Traffic Engineer ( PE/ TE).

67. Prior to issuance of encroachment permit for public improvements and/ or map recordation, whichever comes first, the Applicant shall enter into an agreement and post financial security guarantee for the construction of all off- site/ public improvements in accordance with Chapter 27. 24 of the Palm Desert Municipal Code. The form and amount of the financial security shall be reviewed and approved by the City Engineer. The Applicant shall guarantee all improvements for a period of one year from the date of final acceptance and the improvement guarantee shall be backed by a bond or cash deposit in the amount of ten percent of the surety posted for the improvements.

68. Prior to map recordation, the Applicant shall enter into a subdivision improvement agreement and post financial securities with the City for the required public improvements.

The form and amount of the financial security shall be reviewed and approved by the City Engineer and be in compliance with the Palm Desert Municipal Code Section 26. 28. 030 and Section 26. 28. 040.

A. Modifications to existing curb and sidewalks to provide for right turn lane pocket west of the proposed project driveway.

B. Modifications to the existing curb and sidewalks east of the proposed driveway to provide extension to existing eastbound right turn lane at Technology Drive intersection.

C. A Class II bicycle/ golf cart lane is planned on Gerald Ford Drive along the project frontage. The street design shall anticipate the requirement and incorporate into the design to the best extent possible. The engineer of record shall coordinate with City public works and land development staff to determine the feasibility of the bike path provided existing constraints and road alignment east of Gerald Ford Drive and Technology Drive intersection. In the event that the bike path is not feasible at this time, the Applicant may submit a formal request to the City Engineer to provide street improvements without the corresponding markings/ striping. Ultimate street design shall be approved by the City Engineer.

D. Applicant shall provide landscape improvements along the site frontage. Separate plans submitted for Public Works approval are required.

E. Applicant shall verify ADA compliance of pedestrian facilities along Gerald Ford Drive that are impacted by the development ( i. e., at driveway access). The Applicant will be responsible for providing an accessible path from the proposed driveway access to their onsite facilities. Applicant shall be responsible for repairing any sidewalk panels damaged during the project' s construction activities, as identified by the City inspector, and directed by the City Engineer F. Applicant shall be responsible for the replacement of any curb and gutter along the frontage, according to City of Palm Desert Standard No. 102, damaged during construction activities, as directed by the City Engineer. 14

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PLANNING COMMISSION RESOLUTION NO. 2833
G. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

H. Applicant shall construct one right- in/ right- out only driveway at approximately 500- feet ( centerline to centerline) of the Techno ogy Drive and Gerald Ford intersection.

I. Applicant shall install STOP signs and STOP bars at all proposed project entries/ driveways that intersect with Gerald Ford Drive.

A. Applicant shall provide landscape improvements along the site frontage.

B. Applicant shall verify ADA compliance of pedestrian facilities along the frontage that are impacted by the development ( i. e., at driveway access).

C. Applicant will be responsible for replacement of any sidewalk panels damaged during the project' s construction activities, as identified by the City inspector, and directed by the City Engineer.

E. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

F. Applicant shall construct one unrestricted driveway and provide one 100-foot shared left/ through/ right outbound lane.

G. The Applicant shall provide, as part of the construction drawings for the development, a detailed drawing of the proposed non- standard driveway to Technology Drive, for review and approval of the City Engineer. This Exhibit shall show all elevations, percent grade, ADA compliant connection between private pedestrian facilities and public right- of- way, and dimensions, as well as truck turning templates for vehicles entering and exiting the site.

H. Applicant shall install STOP signs and STOP bars at all proposed project entries/driveways that intersect with Technology Drive.

I. Applicant shall modify the existing raised median to provide 90- foot northbound left turn pocket onto the site' s driveway, as generally shown on the conceptual exhibits.

A. Applicant shall provide dedicated bicycle/ golf cart lane ( Class ll).

B. Applicant shall provide landscape improvements along the site frontage.

C. Applicant shall verify ADA compliance of pedestrian facilities along College Drive that are impacted by the development ( i. e., at driveway access). The Applicant will be responsible for providing accessible path from the proposed driveway access to their onsite facilities. Applicant shall be responsible for repairing any sidewalk 15

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PLANNING COMMISSION RESOLUTION NO. 2833
panels damaged during the project' s construction activities, as identified by the City inspector, and directed by the City Engineer.

D. Applicant shall show, as reference only, all existing and proposed utility connections on plans. Utility plans shall be processed and approved by CVWD.

E. Applicant shall construct one unrestricted driveway per the referenced conceptual exhibit and provide one 50- foot shared left inbound/ through/ right outbound lane.

F. Applicant shall modify existing raised median to provide 125- foot eastbound left turn pocket and provide STOP sign and stop bar and signage at driveway exit, as indicated in the project specific traffic impact analysis.

72. Prior to building final inspection, the Applicant is responsible for the completion of construction of all grading and improvements for which plans are required.

BUILDING AND SAFETY DIVISION:

74. This project shall comply with the latest adopted edition of the following codes:

A. California Building Code and its appendices and standards.

B. California Commercial Code and its appendices and standards.

C. California Plumbing Code and its appendices and standards.

D. California Mechanical Code and its appendices and standards.

E. California Electrical Code.

F. California Energy Code.

G. California Green Building Standards Code.

H. Title 24, California Code of Regulations.

I. California Fire Code and its appendices and standards.

75. The Applicant shall coordinate directly with:

Riverside County Fire Marshal' s Office
CAL FIRE/ Riverside County Fire Department
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211

77. All contractors and subcontractors shall have a current City of Palm Desert Business License before permit issuance per PDMC, Title 5.

78. All contractors and/ or owner- builders must submit a valid Certificate of Workers' Compensation Insurance coverage before the issuance of a building permit per California Labor Code, Section 3700.
16

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PLANNING COMMISSION RESOLUTION NO. 2833

79. Address numerals shall comply with Palm Desert Ordinance No. 1351 ( PDMC Section

15. 28). Compliance with Ordinance 1351 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15. 28 from the Building and Safety Division counter staff.

FIRE DEPARTMENT:

Specific design features may increase or decrease the required fire flow. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection. The size and number of outlets required for the approved fire hydrants are 4" x 2
1/
2" x 2
1/ 2" ( super hydrant). An approved water
supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code ( CFC) 507. 5. 1, 3312, Appendices B and C.

81. Fire Department P Access: The construction of the fire apparatus Pp access roads shall be designed and maintained to support 75, 000 lbs. and shall be surfaced to provide all weather driving capabilities.

82. Driveway Gates: electric gates shall be provided with Knox key switches. Electric gate operators shall also be connected to a remote signal receiver compatible for use with the preemption devices on the Riverside County fire apparatus. The gate shall automatically open upon receiving a remote signal from the fire apparatus. Ref. CFC 506. 1

83. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503. 4. 1

84. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503. 1

85. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. This will require a separate permit application submitted directly to the Fire Department. This shall include a full site plan including all fire apparatus access roads. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code ( CBC), and related codes/ standards adopted at the time of construction plan submittal. Contact our office for submittal instructions.

86. Fire Sprinkler System: All new commercial structures 3, 000 square feet or larger shall be protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm Desert.
17

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PLANNING COMMISSION RESOLUTION NO. 2833

87. Fire Alarm and Detection System: A water flow monitoring system and/ or fire alarm system may be required as determined during building plan review. Ref. CFC 903. 4, CFC 907. 2 and NFPA 72.

88. Knox Box and Gate Access: Buildings shall be provided with a Knox Box installed in an accessible location approved by the Office of the Fire Marshal.

90. Emergency Responder Radio Coverage Systems: Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system. Ref. CFC 510. 1 and Riverside County Office of the Fire Marshal Technical Policy No. TP19-002.

91. Strategic Planning Review: This planning case will also be reviewed by Riverside County Fire Department Strategic Planning for the cumulative impact on the Fire Department' s ability to provide an acceptable level of service. Additional requirements may be conditioned by Strategic Planning to mitigate these impacts. Questions for Strategic Planning can be addressed to RRUOFMPlanning@fire. ca.gov.

END OF CONDITIONS OF APPROVAL
18

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ARCHITECTURAL REVIEW COMMISSION

NOTICE OF ACTION
March 22, 2023
Mr. John Greenwood
Prest Vuksic Greenwood Architects
44530 San Pablo Avenue, Suite 200
Palm Desert, CA 92260
Subject: Consideration to approve a Design Review and a recommendation of approval to the Planning Commission for a Specific Plan Amendment (SP) and Precise Plan (PP) to develop a 114,700-square-foot medical office park and site improvements on a 10.47-acre property located at the southwest corner of Gerald Ford Drive and Technology Drive (Assessor’s Parcel Numbers 694-580-026, and -027).

The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of March 14, 2023:

Following discussion, MOTION BY COMMISSIONER MCAULIFFE, SECOND BY COMMISSIONER LATKOVIC, CARRIED 5-0 (CHAIR VUKSIC ABSENT); to approve Case Nos. SP/EA22-0002, PP22-0009 with the following conditions:

1. Applicant shall provide a physical sample of scaled stone material and physical color sample for spandrel glass and storefront frame.

2. Revised development drawings shall reflect rooftop locations for solar panels and anticipated rooftop penetrations for future equipment and exhaust which are yet to be determined.

3. Should there be design development changes to the elevator, drawings should be updated to reflect changes.

4. Applicant shall provide a physical material sample of the rooftop screening.

Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision.

If you have any questions, please contact Principal Planner, Nick Melloni, at (760) 776-6479 or [email protected].

Sincerely,

ROSIE LUA, SECRETARY

ARCHITECTURAL REVIEW COMMISSION
cc: File

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Architectural Review Commission Minutes March 14, 2023
City of Palm Desert Page 2
A. APPROVAL OF MINUTES

MOTION BY COMMISSIONER MCAULIFFE, SECOND BY VICE CHAIR MCINTOSH, CARRIED 6-0; to approve the Architectural Review Commission Regular Meeting minutes of February 28, 2023.

CONSENT ITEMS HELD OVER
None

5. ACTION CALENDAR
A. FINAL DRAWINGS
Associated staff reports, memos, attachments, and discussion on the following items can be viewed by visiting the Architectural Review Commission Information Center website at, https://www.palmdesert.gov/our-city/committees-and-commissions/commissioninformation.

1. CASE NOS: SP/EA 22-0002, PP22-0009
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Design Review and a recommendation of approval to the Planning Commission for a Specific Plan Amendment (SP) and Precise Plan (PP) to develop a 114,700-square-foot medical office park and site improvements on a 10.47-acre property located at the southwest corner of Gerald Ford Drive and Technology Drive (Assessor’s Parcel Numbers 694-580-026, and -027).

APPLICANT AND ADDRESS: Prest Vuksic Greenwood Architects, Palm Desert, CA 92260
LOCATION: Southwest Corner of Gerald Ford Drive and Technology Drive, APNS:
694-580-026, and -027
ZONE: University Neighborhood Specific Plan (UNSP) - Neighborhood Center (NC) Chair Vuksic announced his recusal due to a conflict of interest as he is a member of the architectural firm retained for this project and left the conference room.

Principal Planner, Nick Melloni, narrated a PowerPoint presentation on the item and responded to Commission inquiries. John Greenwood with Prest Vuksic Greenwood Architects, Applicant, and their team were present and answered questions from the Commission.

Vice Chair McIntosh opened and closed the public comment period. No public comments were provided. Discussion on the item ensued with Commissioners providing comments for the project.

Following discussion, MOTION BY COMMISSIONER MCAULIFFE, SECOND BY COMMISSIONER LATKOVIC, CARRIED 5-0 (CHAIR VUKSIC ABSENT); to approve Case Nos. SP/EA22-0002, PP22-0009 with the following conditions:

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Architectural Review Commission Minutes March 14, 2023
City of Palm Desert Page 3

1. Applicant shall provide a physical sample of scaled stone material and physical color sample for spandrel glass and storefront frame.

2. Revised development drawings shall reflect rooftop locations for solar panels and anticipated rooftop penetrations for future equipment and exhaust which are yet to be determined.

3. Should there be design development changes to the elevator, drawings should be updated to reflect changes.

4. Applicant shall provide a physical material sample of the rooftop screening.

At the conclusion of the item, Chair Vuksic returned to the conference room and rejoined meeting.

6. NON-ACTION ITEMS
None

7. INFORMATIONAL REPORTS & COMMENTS
A. ARCHITECTURAL REVIEW COMMISSIONERS
Vice Chair McIntosh reported attending a subcommittee meeting with Commissioner McAuliffe to review the construction documents for the Millennium Apartments project.

Principal Planner Melloni added upon review of the final construction drawings the apartments were found to be in conformance with a revision for a recess detail however, it was determined the final construction drawings for the clubhouse were not in substantial conformance. Depending on the applicant’s revisions they will be scheduled for a second subcommittee review or go before the ARC for approval of an amendment to the original approval.

B. CITY STAFF
Principal Planner Melloni advised due to a conflict there is a need for another commissioner to volunteer for the ARC subcommittee for West Coast Storage.

Commissioner McAuliffe volunteered to fill in for this committee.

Deputy Director Lua provided an update on DSRT Surf noting the applicant has until June 2023 to finalize their Final Map and obtain a grading permit.

Principal Planner Melloni provided an update on Spanish Walk Apartments noting they recently obtained a rough grading permit and are currently in review for a precise grading permit and building permit for the apartments and clubhouse.

Bravo Gardens is in review for a precise grading permit and building permit for the apartments and clubhouse. The entitlements for this project, formerly “The Sands,” are set to expire in April 2023 and the developer will be submitting a request for extension to the Planning Commission.

C. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no action on this matter.

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Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 26, 2023
PREPARED BY: Carlos Flores, Senior Planner
REQUEST: CONDUCT A PUBLIC HEARING AND INTRODUCE AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE STATE OF

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND

APPROVING A ZONING ORDINANCE AMENDMENT
RECOMMENDATION:

1. Conduct a Public Hearing and introduce an ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE

OF EXEMPTION PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) AND APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE (CASE NO ZOA23-0002).”

2. Adopt a Notice of Exemption pursuant to the General Rule Exemption under Section 15061(b)(3) “General Rule.”
BACKGROUND/ANALYSIS:

On May 25, 2023, Staff received direction from the City Council (Council) to initiate a ZOA to execute the recommendations contained in the 2023 Broker’s Report. The recommendations included the following:
 Review land use definitions and expand specific land use categories, including auto retail and medical.
 Allow existing office buildings to utilize “Office Professional” use standards in the DE-O.  Require a Conditional Use Permit (CUP) for new self-storage facilities.

Additionally, on September 14, 2023, staff received direction from the Council to initiate a ZOA to allow Animal Clinics in the Downtown Districts on properties fronting Highway 111.

City staff has prepared ZOA23-0002, which amends the PDMC to incorporate these recommendations. Adopting the staff’s recommendation will result in adopting a Notice of Exemption pursuant to CEQA under the General Rule exemption and approving ZOA23-0002.

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City of Palm Desert
ZOA23-0002

Page 2 of 2 ends

Planning Commission Recommendation
On October 3, 2023, the Planning Commission considered ZOA23-0002. There were no public comments related to the proposed ZOA. The Planning Commission approved Resolution No. 2845, recommending to the City Council approval by a vote 4-0 (Chairperson Pradetto absent).

A copy of the Planning Commission Staff Report with analysis, and the approved Resolution are provided as Attachment 3.

Public Hearing Notice:

Public noticing was conducted for the October 26, 2023, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice (Attachment 4) was published a minimum of ten (10) days before the hearing date in The Desert Sun newspaper.

Environment Review:

Pursuant to CEQA and the State CEQA Guidelines, the project was found to be exempt from further environmental review per Section 15061(b)(3) (General Rule exemption). It has been determined that the amendments do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the quality of life for the community.

Because the amendment is not a project under CEQA, they are not subject to further environmental review.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

There is no financial impact associated with adopting the proposed ordinance.

ATTACHMENTS:

1. Proposed Ordinance and Exhibit A

2. Planning Commission Staff Report and Resolution 2845

3. Public Hearing Notice

4. Notice of Exemption

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,

CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION PURSUANT TO THE

STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND

APPROVING A ZONING ORDINANCE AMENDMENT (ZOA) TO MODIFY
SECTIONS OF CHAPTER 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE
CASE NO. ZOA23-0002
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of October 2023, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of Zoning Ordinance Amendment 23-0002 and adopted Planning Commission resolution No. 2845, recommending that the City Council adopt Zoning Ordinance Amendment (ZOA) 23-0002; and
WHEREAS, the ZOA modifies the Palm Desert Municipal Code (PDMC) Chapter 25 (Zoning) to change and update land uses and definitions; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of October 2023, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of ZOA23-0002 to modify sections of Chapter 25; 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, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

SECTION 1. Adoption of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.

SECTION 2. Amendment. The City Council of the City of Palm Desert approves and adopts the PDMC amendment to Title 25 as shown in Exhibit “A” which is attached hereto and incorporated herewith.

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CITY COUNCIL ORDINANCE ____
2 SECTION 3. CEQA. The City Council finds that the adoption of this ordinance is not a “project” as defined in the CEQA because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures.

ADOPTED ON October 26, 2023.

KATHLEEN KELLY
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

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CITY COUNCIL ORDINANCE ____
3 I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Ordinance No. ______ is a full, true, and correct copy, and was introduced at a regular meeting of the City Council of the City of Palm Desert on ________, and adopted at a regular meeting of the City Council held on _______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________________.

ANTHONY J. MEJIA

CITY CLERK

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CITY COUNCIL ORDINANCE ____
4 EXHIBIT A

ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.06.030 is hereby amended as follows:

25.16.030 Allowed Land Uses and Permit
Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses and corresponding permit requirements for commercial and industrial districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies the specific chapter or section where additional regulations for the specific use type are located within this title.

Use regulations in the table are shown with representative symbols by use classification listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval of an administrative use permit, “C” symbolizes uses that require approval of a conditional use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations).

Table 25.16-1: Use Matrix for Commercial and Industrial Districts Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted)
OP PC-1
PC2PC3PC4 SI
Special
Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B
Single-room
occupancies

N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses Amusement facility,
indoors

N N C C C N
Amusement facility,
outdoors

N N N C C N
Community facility N N N N N P

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CITY COUNCIL ORDINANCE ____
5 Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted)
OP PC-1
PC2PC3PC4 SI
Special
Use
Provisions
Day care center N A A A A N
Emergency shelters N P N N N P
Entertainment facility,
indoor

N N N P P N
Entertainment facility,
outdoor

N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space
(developed or natural)

N P P N P N
Recreation facility,
commercial

N N P P P N
Recreation facility,
private

N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses Commercial
communication tower
C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or
service)

N N N N N P
Utility facility N N C N N P
Retail, Service, and
Office Uses
Accessory massage
establishment
P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support
services

N N N N P P
Cannabis retail N C C C C N 25.34.120
Cannabis testing and
research laboratory
C N N N N C 25.34.120
Convention and visitors
bureau

N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or
studios

N A P P P A
Hotel N A A A P N 25.34.070
Independent standalone massageN N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and
food items shop

N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office,
accessory
N N N N N P 25.16.040.G
Medical, research
facility

P P N N N C

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CITY COUNCIL ORDINANCE ____
6 Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use Permit; N=Not Permitted)
OP PC-1
PC2PC3PC4 SI
Special
Use
Provisions
Mortuary N N N N N P
Office, professional P N P P P P
Office, local
government

P N N N N P
Office, travel agency P P P P P N
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A A A A P A 25.16.040.E
/ H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary
clinics/animal hospitals
A N A A N A 25.34.210
Pet boarding N A A A N A
Automobile and
Vehicle Uses
Automotive rental
agency

N N N N P P
Automotive gasoline
station
N N C C N C 25.34.090
Automotive service
facility
N N C C N P 25.34.090
Automotive sales new
and used
(outdoor/indoor)

N N N N N C
(outdoor) A
(indoor)
Automotive sales of
accessory parts and
supplies

N N N P P N
Golf cart, neighborhood
electric vehicle (NEV)
sales (indoor)

N N N N N C
(outdoor),
A (indoor)

25.34.190
Vehicle storage facility N N N N N P 25.16.040.I
Industrial,
Manufacturing, and
Processing Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis
manufacturing
N N N N N C 25.34.120
Industrial planned unit
development

N N N N N P
Light industrial and
research and
development

N N N N N P
Maintenance facility N N N N N P
Personal Storage
Facility
N N N N N C 25.34.200
Pest control facility N N N N N P
Preparation of
foodstuffs

N N N N N P
Production of home
and office decor
accessories

N N N N N P
Warehouse or storage
facility

N N N N N P
Temporary Uses See Section 25.34.080

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CITY COUNCIL ORDINANCE ____
7 1 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic, or other impacts.
(Ord. 1384 § 1, 2022; Ord. 1329 § 3, 2017; Ord. 1324 § 5, 2017; Ord. 1302 § 2, 2016; Ord. 1279 § 6, 2015; Ord. 1277 § 4, 2014; Ord. 1259 § 1, 2013) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.18.040 is hereby amended as follows:

25.18.040 Land Use and Permit Requirements
Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.

Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations).

TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use
Zone Special Use
D D-O DE DE-O Provisions
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C 1 C 1 C C 25.16.040.B
Dwelling, duplex C 1 C 1 C P 25.16.040.B
Dwelling, multifamily C 1 C 1 C P 25.16.040.B
Dwelling, single-family C 1 C 1 C N 25.16.040.B
Group home C 1 C 1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C 1 C 1 N P

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8 Land Use
Zone Special Use
D D-O DE DE-O Provisions
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C
Day care center C 1 C 1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, ≤ 4 P 1 P 1 P N
Mechanical or electronic games, ≥ 5 C 1, 2 C 1, 2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Animal Clinic C1,6 C1,6 C1,6 N 25.34.210
Art gallery P P P A
Art studio P 1 P 1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis retail C N C N 25.34.120
Cannabis testing and research laboratory C N N N 25.34.120 Clothing and apparel shops P P P N
Convention and visitors bureau P 1 P 1 C N
Drugstore P 1 P 1 N N
Financial institution P 1 P 1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques (including small antiques) P P P N Grocery store < 35,000 SF C 1 C 1 N N
Health club, gyms or studios C 1 , 2 C 1 , 2 C 2 N
Hotel C C C C
Independent stand-alone massage establishments P 1 P 1 C N 25.34.160 Jewelry shops P P P N
Liquor store P 1 P 1 N N
Liquor, beverage and food items shop P 1 P 1 N N
Luggage shops P P P N
Medical, clinic P 1 P 1 P N
Medical, office P 1 P 1 P N A5
Medical, hospital P 1 P 1 C C
Medical, laboratory N N P N
Mortuary C 1 C 1 N N
Office, professional P 3 P 3 P C P3 25.28.040.C
Office, local government P 1 P 1 P N

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9 Land Use
Zone Special Use
D D-O DE DE-O Provisions
Office, neighborhood government N N N C
Office, travel agency P 3 P 3 P N 25.10.040.K
Outdoor sales A 1 A 1 A N
Personal services P P P N
Restaurant C 2 C 2 C 1 N 25.16.040.H
Retail P P P N
Retail, bulky items P 1 P 1 C N
Retail, Golf carts and neighborhood electric vehicles (NEV) C N C N 25.34.190 Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C 1 C 1 N N
Utility, Transportation, Public Facility, and
Communication Uses
Fire station C C C C
Commercial communication tower
C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts.
3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay District may be allowed subject to a Conditional Use Permit per Section 25.28.040 El Paseo Overlay District.
4 Home Occupation Uses are permitted in residential dwelling units in approved residential and mixed-use developments.

5. Medical Offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an Administrative Use Permit.

6. Use only permitted on properties with frontage along Highway 111.

SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.28.070 is hereby amended as follows:

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10 25.28.070 Freeway Commercial Overlay Zone 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 of commercial uses. 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 only permitted in the FCOZ, the project must utilize FCOZ standards.

B. Conditional uses. Uses permitted by approved conditional use permit shall be 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 2 or more of the above uses.

6. Hotel.

7. Commercial recreation and amusement establishments.

8. Mini Personal storage.

9. Outdoor recreational vehicle and boat storage.

C. Development standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the Commission prior to any construction activity. The master plan approval is subject to the following:

1. Development of individual projects within the approved master plan shall be processed through the precise plan process.

2. Property to be master planned shall be at least 5 acres in size and shall have frontage on 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.

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11 5. Automobile service stations shall comply with the requirements of Section 25.34.090 (Automotive Service Stations).

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).

F. Landscaping. All master planned 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. (Ord. 1324 § 7, 2017; Ord. 1303 § 5, 2016; Ord. 1302 § 4, 2016; Ord. 1259 § 1, 2013) SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Chapter 25.34 is hereby amended as follows:

25.34.190 Golf cart and/or Neighborhood Electric Vehicle (NEV) retail sales A. Purpose and Intent. The purpose of this Section is to allow for the establishment, expansion and improved performance of Golf cart and/or neighborhood electric vehicle (NEV) retail uses. This section serves to establish specific use and design standards to ensure such facilities are designed to minimize visual impacts to surrounding properties and roadways by requiring attractive display areas and prevent adverse impacts from vehicle storage, noise, or glare.

B. Applicability. The provisions of this Section shall apply to all new Golf Cart and/or neighborhood electric vehicle (NEV) retail sales establishments, and to all existing facilities at such time as the existing establishment business is expanded.

C. General Requirements - Indoor
a. The facility shall only sell golf carts and/or neighborhood electrical vehicles (NEVs), as respectively defined by the California Vehicle Code, and accessories customarily associated with the vehicles.
b. Potentially noisy activities shall not be located near or oriented towards residentially zoned areas.
c. All storage and loading areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle showroom display areas, shall occur that are visible from a public street. d. Vehicle display showrooms shall be oriented toward major public streets.

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12 e. All exterior signage shall comply with Chapter 25.56. f. Parking shall be provided as required by retail uses in accordance with Chapter 25.46.

D. Supplemental Requirements within One Eleven Development Code. a. Outdoor areas for the display or storage of vehicles for sale or rent shall only be permitted if approved by the Planning Commission by Conditional Use Permit. The Planning Commission shall find that the outdoor area for display or storage of vehicles is in a suitable location that enhances the business and project site and does not impact surrounding residents, businesses, or general public.
b. The use shall operate entirely within the building space. c. Uses shall provide an indoor showroom space for the display of vehicles for sale or lease which shall be oriented as a storefront towards the primary street frontage of the site where the use is established. d. Street-facing facades shall have transparent glazing that provides views into the display and sales areas. Transparent windows or doors shall be provided for at least 75 percent of the building wall area located between

2.5 feet and eight feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 25 feet without an opening. e. Window display areas shall be well-lit and kept clean and free of clutter. f. Security gates shall not be placed in street-facing display windows or doors or be visible from public view.
g. Signage within windows shall not obstruct views of the vehicle display area. h. On-site service of vehicles may only occur as an accessory use if it is wholly contained within the building.
i. Applications for Indoor Golf cart and/or neighborhood electric vehicle (NEV) retail sales shall include the following:
i. Exterior elevations or renderings showing the storefront display area. ii. Signage plans
iii. Lighting plans for showroom display lighting.
iv. Floor plans
E. Supplemental Requirements for Outdoor Storage and Display a. Outdoor Storage and Display Areas shall only be allowed within the Service Industrial (SI) zoning district.
b. Areas designated for employee or customer parking shall not be used for vehicle storage or display.
c. Vehicles for sale or rent shall not be stored or displayed within the public right-of-way at any time.
d. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the existing or proposed building. e. All storage and display areas shall be screened from public view from adjoining properties and from public rights-of way by walls and landscaping.

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13 f. All outdoor lighting shall be consistent with Chapter 24.16 – Outdoor Lighting.
g. Applications for Outdoor Golf cart or neighborhood electric vehicle (NEV) retail sales shall include the following:
i. Site plans showing outdoor display and storage areas. ii. Exterior elevations or renderings showing the storefront display area and exterior display areas.
iii. Signage plans
iv. Lighting plans for showroom display lighting

25.34.200 Personal Storage Facilities
A. Purpose and Intent. The purpose of this Section is to establish site planning, development and operating standards for self-storage, personal storages, and recreational vehicle storage facilities within the City of Palm Desert. It is the intent of the City of Palm Desert, in establishing these standards to mitigate potential adverse visual impacts of this use on adjacent and surrounding property by requiring additional setbacks, screening, and locational standards.

B. Applicability. The regulations contained within this chapter shall apply to personal storage facilities, as defined in Chapter 25.99 of this Title, and shall be in addition to any other development standards and regulations contained elsewhere in the Municipal Code and/oror conditions imposed by the Planning Commission in a Conditional Use Permit. This use may only be located in those zoning districts as described herein.

C. Location
a. Storage facilities may only be permitted with the approval of a Conditional Use Permit in the Service Industrial (SI) zoning district, or parcels with a Freeway Commercial Overlay (FCOZ) designation.
b. A new facility shall not be located within 1,000 feet of an existing storage, personal storage facility, or major transit stop as defined in California Resources Code Section 21064.3.
c. Personal storage facilities shall not be permitted to develop within all, or any part, of any existing industrial warehouse or structure.

D. Development Standards
a. Except as provided in this section, all property stored on the site of a personal storage facility shall be entirely within enclosed buildings. b. Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road or sidewalk.
c. Parking and storage areas shall be screened from any adjacent public streets and residential uses by a combination of building architecture, landscaping, and site walls.
d. The exterior facades of all structures shall receive uniform architectural treatment, including masonry, stucco, and painting of surfaces. The colors selected shall be compatible with the character of the neighborhood and adjacent bulidings.
e. The architecture of the facility, including, but not limited to, fences, walls, gates, buildings and landscaping, shall, to the maximum extent possible,

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14 be compatible with the community and shall be subject to review by the Architectural Review Commission.

E. Parking and Loading Areas.
a. Parking shall be provided as required in Section 25.46.050 Parking Requirements. Said parking spaces shall also be arranged on the subject property so as not to obstruct any driveways nor adversely affect vehicular ingress and egress to the facility. For facilities larger with a gross floor area greater than 10,000 square feet, a Parking Impact Analysis shall be provided in the Precise Plan application.
b. Any office space within the personal storage facility shall require 4 spaces per every 1,000 ft of office space, consistent with Section 25.46.040 of the Municipal Code.
c. Required parking areas shall not be located within any required landscape setback area.
d. Spaces in any approved outdoor storage area shall not be included as required parking.
e. Loading areas shall be no less than twelve feet wide. f. Ground level, roll-up door storage areas shall have an exclusive use loading area in front of the unit. Such exclusive use loading areas shall not be counted as required parking. This loading area shall not encroach into the minimum required drive-aisle.
g. In addition to the exclusive use loading areas, common loading areas shall be provided in an amount sufficient to serve the users of the interior storage units and shall be designed to ensure that drive aisles will not be obstructed.

F. Circulation
a. Internal drive aisles shall provide sufficient width and radius for maneuvering vehicles to accommodate vehicular circulation and separate loading areas.
b. Sufficient turning movements shall be demonstrated with the Precise Plan review.

G. Landscaping
a. A minimum of 20 percent of the total site area shall be landscaped with plant materials designed to provide beautification and screening. b. A landscaped setback area no less than 20’-0” in depth shall be provided along any public street frontage.
c. A landscaped setback area no less than 10’-0” in depth shall be provided along any interior property line.
d. All areas between site walls and property lines shall be fully landscaped with live landscaping and continuously maintained.
e. In addition to any landscaping required under Chapter 25.52, a minimum of one 24-inch box canopy tree shall be planted per thirty feet of street frontage and shall be continuously maintained.

H. Fences and Walls.
a. All screen walls shall be constructed of masonry, concrete or other similar materials. No chain link fencing shall be permitted.
b. The design and materials used in the construction of fences and walls shall be compatible with the architecture of the buildings of the self-service storage facility and with buildings in the area surrounding the facility;

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15 I. Outdoor Lighting
a. Outdoor lighting shall be at the minimum amount required to discourage vandalism and theft.
b. Outdoor lighting shall comply with requirements of Chapter 24.16 Outdoor lighting.

J. Outdoor Storage of Recreational Vehicles and Boats. Open storage of recreational vehicles and dry storage of boats may be permitted as an accessory use with a personal storage facility primary use; provided, that the following standards are met:
a. The storage shall occur only within a designated area approved under a Precise Plan. The designated area shall be clearly delineated on the site plan and site.
b. The recreational vehicle and boat storage area shall not exceed 25 percent of the buildable area of the site.
c. Measurement of recreational vehicles shall comply with Section 8.40.040 Measurement of recreational vehicles.
d. The storage area shall be entirely screened from view from adjacent residential areas and public streets by a building and/or solid walls with landscaping on the outside of said building and/or solid walls. e. Storage shall not occur within the area set aside for minimum building setbacks.
f. No dry stacking of boats shall be permitted on site. g. No vehicle maintenance, washing, or repair shall be permitted.

K. Business Activity. The use of Personal Storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units or any accessory uses on premises. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:
a. Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During said lien sales, customer vehicles shall not be allowed to obstruct travel ways within the Personal Storage facility. b. The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business.

L. Hazardous Materials. No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored in a Personal Storage unit.

M. Utilities. Water, gas, or telephone service to any rental space is prohibited.

N. Habitation. Human habitation of any rental space is prohibited.

O. Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted in a conspicuous location within the front of each rental unit. The notice shall be reviewed as part of the Precise Plan application process.

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16 25.34.210 Animal Clinics
A. Purpose and intent. The purpose of this section is to allow the establishment, expansion and improved performance of animal clinics, as defined in Chapter

25.99 Definitions, within allowed commercial areas and establish minimum standards to ensure uses are compatible with existing businesses and uses in the area.

B. Specific Use Standards
a. The use of the building space shall be restricted to medical treatment and incidental care such as bathing, the trimming of common household pets on an outpatient basis only, except that temporary boarding in connection with medical treatment shall be permitted.
b. The entire use shall be conducted within a totally enclosed and airconditioned building. c. Outdoor run areas shall be prohibited.
d. The building space shall be adequately soundproofed to assure that no noise will carry beyond the confines of the building or space that the use would occupy. Evidence that the facility is designed to meet California Building Code requirements for interior decibel levels shall be submitted with the application for a discretionary permit.
e. All applications for veterinary uses shall provide a detailed plan for pet waste and medical waste disposal that will prevent odor issues arising. f. Animal clinics within Downtown Districts shall only be permitted on properties with frontage along Highway 111.

C. SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.99.020 is hereby amended as follows:

25.99.020 Land Use Definitions
For the purposes of this title, certain words, phrases, and terms used in this title shall have the meanings assigned to them by this chapter.

Abandoned sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has occurred.

Abut. Two adjoining parcels of property with a common property line, including 2 or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way.

Access or accessway. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this title.

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17 Accessory building or structure. Accessory building or structure means a subordinate building or structure located on a building site, the use of which is customarily related to that of a main building or to the use of the land.

Accessory dwelling unit. An attached or a detached residential dwelling unit that provides complete independent living facilities for 1 or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

Accessory massage establishment. A certified massage establishment located within a hotel, beauty salon, day spa, athletic club, chiropractors office, doctors office, physical therapy office, or yoga or Pilates studio where revenue from massage services is less than 50 percent of the total revenue of the hotel, beauty salon, day spa, athletic club, doctor or chiropractor’s office, or yoga or Pilates studio.

Addition. An extension or increase in floor area or height of a building or structure.

Adult entertainment. Any sexually oriented business, including an adult bookstore or video store, cabaret, adult motion picture theater, sexual device shop, or semi-nude model studio.

Advertising device. Any balloon, flag, pennant, propeller; oscillating, rotating, pulsating light; or other contrivance except a sign used to attract attention for the purpose of promoting (either directly or indirectly), the sale of products of any person.

Advertising display. Any device, contrivance, statue, or structure other than a sign used as a display, regardless of size and shape, for the purposes of attracting attention or making anything known, the origin or place of sale of which is on the property with the advertising display.

Air contaminant. Particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property.

Alley. An access roadway or drive that provides service access to the rear or sides of a parcel.

Alteration. Any work on a structure that does not result in any addition to the structure.

Ambient noise level. General noise level one finds in a certain area at a given time.

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18 Amendment. A change in the wording, context, or substance of this title, or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulation not theretofore imposed, or removes or modifies any such regulation theretofore imposed.

Amusement arcade. Any business having 5 or more mechanical or electronic games.

See also mechanical or electronic game.

Amusement facility, indoors. An establishment providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms, and electronic game arcades, as primary uses. Five or more mechanical or electronic games in any establishment are considered an amusement arcade as described above.

Amusement facility, outdoors. An establishment providing outdoor amusement and entertainment services for a fee or admission charge.

Ancillary commercial. Commercial operations or sales incidental or subservient to the primary use. For instance, a coffee kiosk within an office building would be considered ancillary to the use.

Animal clinic. A place where animals no larger than the largest breed of dogs are given medical or surgical treatment; a facility primarily for treatment of outpatients and where for only a short time, critical patients are kept longer than 24 hours. Boarding of animals can be incidental to such clinic use. The term “veterinary clinics or animal hospital” should be used interchangeably with “animal clinic.”
Apartment. A habitable room or suite of two or more habitable rooms with a single kitchen, in a multiple dwelling, occupied or suitable for occupancy as a residence for 1 family and shall be considered a dwelling unit.

Apiary. A place where bees and their hives are kept for their honey.

Architectural projections. Projections from a building which are necessary for the shading of a building or features such as sills, cornices, and chimneys. Such projections may extend into required yards only as allowed by the provisions of this title.

Art gallery. An establishment where works of art are exhibited and/or sold.

Art studio. A workplace for the teaching or practice of an art.

Automotive gasoline station. A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. The use may also include mini-markets and other food sales, accessory towing and trailer rental services. These uses do not include the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

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19 Automotive rental agency. A retail establishment for the display or rental of new or used automobiles, trucks, vans, motorcycles, mobile homes, recreation vehicles, and boats.

Automotive sales of accessory parts and supplies. A retail establishment that sells only new automobile parts, tires, and accessories. These uses do not include any type of vehicle repair, battery replacement, service bays, oil changes, or tire recapping establishments.

Automotive sales new and used (outdoor/indoor). A service industrial commercial establishment selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, mopeds, golf carts, snowmobile and jet skis. The sales of all automotives can take place outdoors or indoors. These uses include parts for sale and repair shops only when part of a dealership selling new vehicles on the same site.

These uses do not include service stations, which are separately defined.

Automotive service facility. A facility to repair and/or store vehicles. It includes the repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts.

These uses include auto repair shops, body and fender shops, wheel and brake shops, oil change shops, auto glass sales and installation, stereo and alarm sales and installation, and tire sales and installation, but exclude vehicle dismantling or salvage and tire retreading or recapping.

Awning sign. A sign painted on, printed on, or attached to the surface of an awning.

Back-lit awning. An internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

Balcony. An unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of occupant or for exterior access to the above-grade living units. When a balcony is roofed and enclosed with operating windows, it is considered part of the room it serves.

Figure 25.99-1: Balcony
Bar or lounge. Any use where the on-site sale and consumption of alcoholic beverages equals or exceeds 50 percent of gross sales of food and beverages from that location.

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20 Basement. That portion of a building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.

Bed and breakfast. Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under each definition of Hotels and Motels.

Bee. Any stage of the common domestic honey bee, Apis mellifera species.

Beehive. Any structure being used to house a colony of honey bees.

Beekeeper. A person who owns or has charge of one or more bees.

Botanical conservatory. A room having glass roof and walls, typically attached to a house on only one side, used to grow plants.

Building. A structure having a roof supported by columns or walls.

Building frontage. That building elevation that fronts on a public street, alley, driveway, parking area, pedestrian plaza, courtyard, or arcade.

Building height. Vertical distance from the average elevation of the finished grade to the highest point on the structure directly above; provided that a roof shall be measured to the highest point of the roof.

Building line. A line in the interior of a lot parallel to the property line and located at a distance equal to setback distance.

Building, main. A building or buildings within which is conducted the principal use permitted on the lot, as provided by this title.

Building site. A legally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

Building site coverage. The percentage of the building site covered by structures, open or enclosed, excluding courts, patios, terraces, swimming pools, and postsupported roofs over walkways.

Building site, through. A building site having frontage on two parallel or approximately parallel streets.

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21 Business. Management, operation, sale, purchase, or other transaction involving the handling or disposition of commodities or services.

Business sign. A sign displaying information pertaining to goods or services offered or produced by the business located on the property, but not including advertising devices or advertising displays.

Business support services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc.

Support services include, but are not limited to:

1. Equipment repair services (except vehicle repair; see Vehicle services).

2. Commercial art and design (production).

3. Computer-related services (rental, repair).

4. Copying, quick printing, and blueprinting services (other than those defined as Printing and publishing).

5. Equipment rental businesses within buildings (rental yards are storage yards).

6. Film processing laboratories.

7. Heavy equipment repair services where repair occurs on the client site.

8. Janitorial services.

9. Mail advertising services (reproduction and shipping).

10. Mailbox services.

11. Outdoor advertising services.

12. Photocopying and photofinishing.

Cabinet sign. A sign that has one or more plastic, acrylic or similar material faces (panels) attached to a metal frame (cabinet). These signs may or may not be internally illuminated.

Caretaker housing. A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care, or supervision, or monitoring of facilities, equipment, or other conditions on the site.

Carport. A roofed structure or a portion of a building, enclosed on 2 or more sides, primarily for the parking of automobiles belonging to the occupants of the property.

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22 Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see Mortuary.

Certificate of occupancy. A required document issued by the building and safety division prior to the occupation or use of vacant land or prior to occupation or use of buildings erected or structurally altered.

Certified massage establishment. Any massage establishment where the only persons employed or used by that establishment to provide massage services have current and valid state certifications.

Club, private. An association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

Cluster development. An arrangement of dwelling units, attached or detached, which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space.

Commercial. Operated or carried on primarily for financial gain. Commercial complex means two or more businesses shown on a common development plan, plot plan, or precise plan of design functioning as a unit, with common off-street parking provided on the property as an integral part of the unit.

Commercial communication tower. A tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment. The term commercial communication tower shall not include amateur radio operators’ equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas.

Commercial mascot. Humans or animals used as advertising devices, typically by the holding or wearing of insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc.

Commission or Planning Commission. The City Planning Commission.

Community collector. A medium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A community collector has emergency parking only and has a significant amount of parallel and perpendicular pedestrian traffic.

Community facility. A noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

Conditional use. A use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes of type of

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23 equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities.

Condominium. A state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of the same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns a separate interest in their unit and an interest as granted in common in common areas.

Condominium means condominium projects, community apartment projects, and stock cooperatives, as defined in Section 1351 of the California Civil Code.

Condominium conversion project. A project for which a valid map and conditional use permit application have been submitted to the City after the adoption of the ordinance codified in this chapter to divide one or more parcels of real property into condominiums/condominium hotels and the creation of separate ownership of the units therein with a separate interest in the space within all structures thereon. This shall not apply to those conversion projects for which a valid map was approved by the City prior to adoption of said ordinance.

Condominium hotel or “condotel.” Any condominium hotel that is intended for transient use and is subject to Chapter 3.28, Transient Occupancy Tax. A condominium hotel is a commercial use and can only be located within a commercial zone or multifamily residential zone with approval of a conditional use permit. A condominium hotel is not considered a residential property and may not be used as a permanent place of residence.

Construction sign. A temporary sign stating the names of those individuals or firms directly connected with the construction or development project, their addresses and their telephone numbers.

Convalescent home, nursing home, rest home, and home for the aged. Each is a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill, or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

Convention and visitors bureau. An establishment primarily engaged in marketing and promoting communities and facilities to businesses and leisure travelers through a range of activities, such as assisting organizations in locating meeting and convention sites; providing travel information on area attractions, lodging accommodations, restaurants; providing maps; and organizing group tours of local historical, recreational, and cultural attractions.

Conventional development. A development, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit.

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24 Country club. A club organized and operated primarily for social and outdoor recreation purposes, including incidental accessory uses and structures.

Crematory. Land used for the cremation of the dead.

Crops and horticulture, limited. Raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing as part of an established residential use. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise are stored and sold on the site.

Day care facilities. Facilities that provide care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the State Department of Social Services:

1. Day care center. A commercial or nonprofit child or adult day care facility not operated as a small or large family day care home. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer’s disease, or similar disabling condition. These may be operated as part of a business, school, or religious facility, or as an independent land use.

2. Day care, large family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for 9 to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3. Day care, small family. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Density, gross. The total number of dwelling units permitted on an acre of land exclusive of all existing public streets and right-of-way, but including all streets or rightof-way to be developed.

Density, net. The same as density except proposed streets and rights-of-way shall be excluded.

Disabled person. Persons as defined in United States Code, Title 42, Section 423 and shall also include handicapped persons, as defined in the California Health and Safety Code Section 50072.

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25 Domestic animal. Means any domesticated animal or household pet that is not sold for commercial purposes and that is commonly maintained in a dwelling unit.

Driveway. A vehicular passageway for the exclusive use of the occupants of a property and their guests. A driveway shall not be considered as a street.

Drugstore. An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies, including tobacco stores.

Dwelling, duplex. An attached permanent building containing two dwelling units.

Dwelling group. One or more buildings, not more than two stories in height, containing dwelling units and arranged around two or three sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings.

Figure 25.99-2: Example of a Dwelling Group
Dwelling, guest. Living quarters within an accessory building which occupies not more than one-tenth of the area of the lot on which it is situated, for use exclusively by temporary, nonpaying guests of the resident family, such quarters having no kitchen.

Figure 25.99-3: Guest Dwelling
Dwelling, multiple-family. A permanent building containing three or more dwelling units.

Figure 25.99-4: Multifamily Dwelling

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26 Dwelling, single-family. A permanent building containing one dwelling unit.

Figure 25.99-5: Single-Family Dwelling
Dwelling unit. One or more rooms and a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over the land.

Electric substation. A moderate- to large-scale facility serving a subarea, entire City, or region, including power substations, water transmission lines, wireless base stations, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and reservoirs, and similar structures.

Eligible tenant. A tenant who has had a valid lease or rental agreement in a unit that is proposed to be converted in connection with a condominium conversion project or for a minimum of 36 months prior to the first tenant notification prior to filing the application for a condominium conversion project pursuant to Section 66427.1(b) of the Subdivision Map Act. In the event that occupancy of the unit was first permitted more recently than 36 months prior to the first tenant notification, then eligible tenant means a tenant who has had a valid lease or rental agreement since a date within 30 days of the date on which occupancy was first permitted.

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27 Emergency shelter. A facility that provides immediate short-term housing and supplemental services for the homeless. Supplemental services may include food, counseling, and access to other programs.

Externally lighted sign. A sign whose immediate source of illumination is not enclosed by the surface of the sign structure.

Face or wall of a building. The outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

Family. Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries.

Farmworker housing. A property which consists of a tract of land and all vehicles, mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as migrant farmworkers including sleeping facilities, provided in whole or in part by the employer of such persons, owner, lessee, or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals but who are supplied with such utility services as are necessary for their habitation of such property.

Fence. A freestanding structure of metal, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes.

Financial institution. An establishment such as a bank or trust company, credit agency, holding (but not primarily operating) company, lending and thrift institution, or investment company. Also includes automated teller machines (ATM).

Fire station. A building housing firefighting apparatus and firefighters.

Floor area, gross. The total horizontal area, in square feet, including the exterior walls of all floors of a structure.

Floor area ratio. The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

Figure 25.99-6: Floor Area Ratio

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28 Formula business. A type of retail, service, or restaurant establishment that has 20 or more other establishments in operation anywhere in the world. These establishments are primarily defined as having standardized operational protocols, merchandise, décor, color scheme, uniformed apparel, standardized signage, a trademark or service mark.

Freestanding sign. A sign supported by upright pedestals or braces placed upon or into the ground and detached from any building.

Freeway. A high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements.

Freeway signage. Any building sign that is visible and has frontage along the Interstate

10. Garage, private. A building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, public. A building other than a private garage used for the maintenance or temporary storage of motor vehicles.

Garden, private. A predominately landscaped area adjacent to and accessible from a residential unit for the sole use of the occupants of the residential unit.

Golf cart, neighborhood electric vehicle (NEV) retail sales (indoor). An indoor retail showroom establishment selling and renting new or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code or neighborhood electric vehicles (NEVs) as defined in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined.

This use does not include outdoor display area.

Golf cart, neighborhood electric vehicle (NEV) retail sales (outdoor). A retail establishment selling and/or renting new and/or used golf carts, neighborhood electric vehicles, and/or mopeds. These vehicles shall be limited to golf carts as defined in Section 345 of the California Vehicle Code, and neighborhood electric vehicles (NEVs) as defined

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29 in Section 385.5 of the California Vehicle Code. This use may include the sale of customary accessories and parts only when part of a dealership selling new vehicles on the same site. These uses do not include service stations, which are separately defined.

Facilities may include outdoor retail display area.

General Plan, the Palm Desert General Plan. the General Plan of the City.

Grade, ground elevation. The average elevation of the finished ground surface surrounding a building.

Grazing. The act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.

Greenhouse, commercial. A facility for the indoor propagation of plants for commercial sale.

Greenhouse, private. A private facility for the indoor propagation of plants.

Grocery store. A self-serve retail market selling foods and household merchandise.

Gross area. The horizontal area within the lot lines of a lot or parcel of land, before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

Group home. Any facility used to provide nonmedical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children, people who are physically disabled, or the mentally impaired.

Habitable room. Any room for sleeping or living purposes excluding such enclosed places as closets, bath, or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.

Health club. Fitness centers, gymnasiums, health, and athletic clubs including indoor sauna, spa, or hot tub facilities; and indoor tennis, handball, racquetball, and other indoor sports activities.

Height of a sign. The greatest vertical distance measured from the ground level directly beneath the sign to the top of the sign.

Helicopter. A form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one or more power-driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft.

Heliport. An area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis,

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30 and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

Helistop. An area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo.

Hillside areas. Those areas of land which are so designated in Section 25.78.020 (Hillside Development Plan).

Hillside ridge. A ridgeline that is formed by the juncture of two or more sloping planes that project outward from a mountain range and descend towards the valley floor more particularly identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of the City clerk.

Home-based business. An occupation conducted as an accessory use within a dwelling unit.

Horticulture, private. The private cultivation of ornamental plants, native plants, fruits, vegetables, and flowers in gardens and landscapes. This use type does not include retail sales on premises.

Hotel. Any building or portion thereof with access provided through a common entrance, lobby, or hallway to six or more guestrooms, and which rooms are designed, intended to be used or are used, rented, or hired out as temporary or overnight accommodations for guests.

Identification sign. A sign limited to the identifying name, symbol, or insignia, or any combination thereof, of a building, use, or persons occupying the premises on which the sign is located.

Improvements. Any manmade actions which add to the value or enhance the value of land, e.g., streets, utilities, and buildings.

Independent stand-alone massage establishment. Any certified massage establishment where revenue from massage services exceeds 50 percent of the establishment’s total revenue.

Industry. The manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.

Institution, educational. Private or public schools, colleges or universities qualified by the state Board of Education to give general academic instruction.

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31 Institution, general. Publicly or privately owned and operated activities, nonprofit organizations, or philanthropic activities that cannot be considered residential, commercial, or industrial uses.

Institution, religion. A church or other religious organization.

Intensity. The magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism, and land use.

Internally lighted sign. A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure.

Junior accessory dwelling unit. A residential unit that:

1. Is no greater than 500 square feet in size;

2. Is contained entirely within an existing or proposed single-family structure;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

4. Includes an efficiency kitchen, as defined by in Section 25.34.030(C)(4) of this code.

Junk. Any worn-out, cast-off, or discarded article or material.

Junk and salvage yard. Any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material, or junk.

Kennel. Any lot where four or more dogs or cats over the age of four months are kept or maintained. The term “pet boarding” should be used interchangeably with “kennel.” Kitchen. Any room in a building or dwelling unit which is used for cooking and preparation of food.

Landscaping. The planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dust-free materials including an adequate irrigation system.

Laundry. A building where clothing and fabrics are washed, other than a launderette, and is defined in this title as an industrial use.

Library. A place in which literary, musical, artistic, or reference materials (as books, manuscripts, recordings, or films) are kept for use but not for sale.

Light industrial and research and development. A laboratory facility that is primarily used for non-office

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32 scientific research. This use can include the design, de-velopment, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products.

Line of sight. A visual path emanating from an average eye level adjudged to be five feet above the ground level.

Liquor, beverage and food items shop. A retail establishment that sells a variety of alcoholic and nonalcoholic beverages and food items.

Liquor store. A retail establishment that primarily sells a variety of alcoholic beverages for off-premises consumption.

Livestock raising, noncommercial. The raising and keeping of livestock, poultry, or insects for any noncommercial purposes.

Living area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure.

Loading space. An off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

Local street. A low-speed, low-volume highway primarily for access to residential, business, and other abutting property. A local street has parking and a significant amount of parallel and perpendicular pedestrian traffic.

Loft. See Mezzanine.

Lot. Any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map.

Figure 25.99-7: Standard Lot Configuration
Lot, corner. A lot located at the intersection or interception of two or more streets at an angle of not more than 135 degrees, which lot shall be considered a corner lot. If greater than one 135 degrees, the lot shall be considered an exterior lot.

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33 Lot coverage. The percentage of a lot covered by the total square footage of the main building, garage, and/or any accessory buildings that are larger than 150 square feet.

Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than 20 feet in width at any point connecting the main building site area to the frontage street.

Lot, interior. A lot other than a corner or reverse corner lot.

Lot, key. The first lot to the rear of a reverse corner lot and not separated by an alley.

Figure 25.99-8: Lot Types
Lot line. Any line bounding a lot. Property line means the same as lot line.

Lot line, front. On an interior lot, the front lot line is the property line abutting the street.

On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the zoning administrator shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot line shall be designed as the edge of the easement.

Lot line, interior. A lot line not abutting a street.

Lot line, rear. A lot line not abutting a street which is opposite and most distant from the front lot line; in the case of an irregularly shaped lot, a line within the lot, having a length

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34 of not less than 10 feet. A lot which is bounded on all sides by streets may have no rear lot lines.

Lot line, side. Any lot line not a front lot line or rear lot line.

Lot, reverse corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

Lot, through. A lot having frontage on two dedicated parallel or approximately parallel streets.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Low income. Income does not exceed 80 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Maintenance facility. A facility used for providing maintenance and repair services for vehicles and operational equipment.

Maintenance yard. An area of land devoted to maintenance and repair services for vehicles and operational equipment. Outdoor storage and repair activities may have noise and visual impacts on the surrounding areas.

Manufactured home park. Any area or tract of land where one or more manufactured home lots are sold, rented, or leased or held out for rent or lease to accommodate manufactured homes used for human habitation, and includes mobile home accommodation structures. The rental paid for any such manufactured home is deemed to include rental for the lot it occupies.

Manufactured housing. A structure that meets the following criteria:

1. Transportable in one or more sections.

2. When in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet.

3. Built on a permanent chassis.

4. Designed to be used as a residential dwelling.

5. Erected with or without a permanent foundation when connected to the required utilities.

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35 6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.

This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. Manufactured home includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.). See also Mobile home.

Marquee. A roofed structure or awning or canopy attached to and supported by the building and extended over a building line and into public property.

Figure 25.99-9: Marquee
Master plan of arterial highways. The master plan of the City designating adopted and proposed routes for all arterial highways within the City.

Master plan of drainage. An engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the Council.

Mechanical or electronic game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffle board machine, marble game machine, horseracing machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device.

Medical, clinic. An organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include inpatient or overnight accommodations. May also include laboratories that are ancillary to the primary use.

Medical, hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient

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36 beds, and equipment and facilities to provide complete healthcare. May include on-site accessory clinics and laboratories, accessory retail uses, and emergency heliports.

Medical, laboratory. An establishment primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on direction of a physician; or an establishment primarily engaged in making dentures, artificial teeth, and orthodontic appliances to order for the dental profession.

Medical marijuana dispensary, as set forth in the Compassionate Use Act, or dispensary. Any facility or location where medical marijuana is publicly made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq.

Medical, offices. A health facility in an office environment providing health services including without limitation preventative and rehabilitation treatment, diagnostic services, testing and analysis. This use includes offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to these offices, but excluding inpatient services and overnight accommodation.

Medical, research facility. A laboratory facility that is primarily used for medical scientific research.

Mezzanine. An intermediate level of a building interior containing floor area without complete enclosing interior walls or partitions placed in any story or room and not separated from the floor or level below by a wall. The floor area of any mezzanine shall be counted as part of the total floor area for any floor area or FAR limitation. In addition, when the total floor area of any such mezzanine exceeds 33.3 percent of the total floor area in that room, it shall constitute an additional story. No more than 1 continuous mezzanine may be permitted in any 1 room.

Mobile home. A structure designed and equipped for human habitation, and for being drawn by a motor vehicle, to be used with or without a foundation system. Mobile home does not include a recreational vehicle, commercial coach, or factory-built housing.

Moderate income. Income does not exceed 120 percent of the then-current median household income of the County of Riverside adjusted for family size by the State Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

Monument sign. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign.

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37 Monument sign, freeway-oriented. A freestanding sign that is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick on commercially zoned properties within the Freeway Commercial Overlay zone and greater than 10 acres in size and abutting Interstate 10.

Mortuary. Facilities providing funeral preparation and funeral services including embalming, memorial services, and cremation.

Motel. Shall be referred to in this title as hotel, inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers; including but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels.

Motor vehicle. A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

Movable-frame hive. Any hive design that allows the beekeeper to readily remove the combs from the hive during hive inspections, in order to monitor and manage conditions within the colony.

Nameplate. A sign not exceeding 1 foot by 3 feet signifying only the name of the occupant and their occupation or specialty.

Net area. The total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property.

Nightclub. A place of business open after 10:00 p.m. which provides for the on-site consumption of food or alcoholic beverages with entertainment which includes, but is not limited to, music, dancing, comedy, and karaoke.

Noncommercial. An enterprise or activity which is not normally conducted for profit or gain.

Nonconforming structure. A lawfully established building or structure that does not conform to the regulations of this title or is designed for a use that does not conform to the regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title.

Nonconforming use. The lawfully established use of a building, structure, or land that does not conform to the use regulations of this title for the district in which it is located, either on December 11, 1975, or as the result of subsequent amendments to this title.

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38 Nursery. An establishment providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.

Office, accessory. An office that is incidental and accessory to another business or sales activity which is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

Office, local government. An administrative, clerical, or public contact office of a government agency, includ-ing postal facilities, together with the incidental storage and maintenance of vehicles.

Office, professional. Offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see Medical, offices), financial institutions (see Financial institution), temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, accessory). Outdoor storage of materials is prohibited.

Office, travel agency. A business that accommodates travelers, as by securing tickets, arranging for reservations and giving information.

Open space, developed. Open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.

Open space, natural. Any parcel of land or water which is essentially unimproved and devoted to an open space use.

Orchard. An area of land devoted to the cultivation of fruit or nut trees.

Organizational documents. The declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management, or operation of all or any part of a condominium conversion project.

Outdoor advertising structure or sign. A sign placed for the purpose of advertising products or services that are not produced, stored, or sold on the property upon which the sign is located.

Outdoor sales. Permanent outdoor sales and rental establishments including equipment and other uses where the business is not conducted entirely within a structure.

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CITY COUNCIL ORDINANCE ____
39 Parcel. The same definition as lot.

Parking lot, commercial. A designated outdoor area used for parking motor vehicles that serves commercial establishments.

Parking lot, office. A designated outdoor area used for parking motor vehicles that serves office developments.

Parking stall. The space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office, and working areas, for the parking of one automobile, not less than 20 feet in length and not less than 9 feet in width.

Park, public. Parks, play lots, playgrounds, and nonprofessional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.

Parkway. A relatively low-speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short-range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement.

Pathway. An access way to accommodate pedestrians, bicycles, and electric carts.

Pedestrian-way. A right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings which are available for public use.

Personal services. Establishments providing nonmedical services as a primary use, including but not limited to barber and beauty shops, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

Personal Storage. A commercial land use facility consisting of the rental of space for the storage of personal property and/or the storage of recreational vehicles. An industrial warehouse is not considered commercial storage. This definition shall also apply to “Self-Storage” and “Recreational Vehicle Storage Facility” Pest control facility. A business establishment specializing in the elimination of vermin, insects, etc., from a building, especially by the controlled application of toxic chemicals.

Planned development. A development of 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. Planned developments

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40 may be residential, commercial, or industrial in nature or a combination of any 2 or more.

Planned street line. The planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street shall be measured from this planned right-of-way line.

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.

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.

Political sign. Any sign concerning candidates for political office or involving a ballot issue.

Pool. Any structure for swimming, bathing, or wading or as a fish pond or similar use.

Price sign. A sign limited to the name or identification of items or products offered for sale on the premises, and the price of the items or products.

Private. Belonging to or restricted for the use or enjoyment of particular persons.

Projecting sign. A sign other than a wall sign suspended from or supported by a building or structure and projecting outward therefrom.

Public safety area. A strip of land adequate in width adjacent to and parallel with a street right-of-way.

Public service facility. A broad land use category of governmental and quasigovernmental building or complexes that provide public services, such as municipal buildings, fire stations, police stations, public information centers, and similar facilities.

Public way. Any street, alley, pedestrian way, pathway, channel, viaduct, subway, bridge, easement, right-of-way, or other way in which the public has a right of use.

Real estate sign. A temporary sign advertising the sale, lease, exchange, or rent of the property upon which it is located, and the identification of the person or firm handling the sale, lease, or rent.

Real estate tract sales office. A temporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivisions.

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41 Recording studio. A facility for sound recording and mixing.

Recreational vehicle. A travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

Recreation facility, commercial. Any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.

Recreation facility, incidental. Any use or development either public or private providing amusement, pleasure, or sport which is subservient to a primary land use (e.g., pool as part of an apartment complex). These facilities are generally permitted by right if the facilities are customarily part of the primary use.

Recreation facility, private. Any private use or development providing amusement, pleasure, or sport, which is not carried on primarily for financial gain.

Recreation facility, public. Any public development either public or private, providing amusement, pleasure, or sport.

Re-queen. To replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming.

Restaurant. Any use providing for the preparation, retail sale, and on-site consumption of food and beverages. Restaurants include but are not limited to cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, and places of business with similar uses. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises, provided that the sales of food and nonalcoholic beverages equals or exceeds 51 percent of gross sales of food and beverages. Businesses where the sales of food and nonalcoholic beverages do not exceed 51 percent of gross sales of food and beverages shall be deemed a bar or lounge.

Retail. The selling of goods, wares, or merchandise directly to the ultimate consumer.

Retail, bulky items. The selling of large-sized merchandise.

Riding and hiking trail. A trail or way designed for and used by equestrians, pedestrians, and cyclists using non-motorized bicycles.

Right-of-way. An area or strip of land, either public or private, on which a right of passage has been recorded.

Roof deck—prohibited. A roof deck is any configuration of the uppermost roof of a building, or the main roof of a building, which allows regular access by the building’s users, tenants, or visitors for any purpose, is prohibited.

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CITY COUNCIL ORDINANCE ____
42 Roof sign. A sign affixed on, above, or over the roof of any building, or any sign affixed to the wall of a building so that it projects above the eave line of a roof. The lowest point of a mansard style roof shall be considered the eave line.

Salvage. Any article or material which is to be or intended to be reclaimed or saved from destruction.

San Pablo overlay frontage. The lineal width, expressed in feet, of all ground-floor commercial storefronts within the San Pablo Overlay District, as depicted in Figure

25.28-1, which faces the public right-of-way. This shall include ground-floor commercial storefronts which face private parking areas that take direct vehicle access from San Pablo Avenue.

Scenic highway. Any highway designated a scenic highway by an agency of the City, county, state, or federal government.

Senior citizen. Any person who is 62 years of age or older.

Service. An act, or any result of useful labor, which does not, in itself, produce a tangible commodity.

Setback area. The area between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Setback distance. The distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

Shopping center. An integrated development of retail and service commercial activities on one lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs.

Sidewalk. That portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel.

Sign. Any device used for visual communications or attraction, including any identification announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interest of any person; together with all parts, materials, frame and background.

Sign and advertising device do not include the following for purposes of this title:

1. Official notices issued by any court or public body or officer.

2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice.

3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state, or county authority.

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CITY COUNCIL ORDINANCE ____
43 4. The flag of the state or of the United States or any official flag of any other state or country.

Sign face. The surface or that portion of a sign that is visible from a single point as a flat surface or a plane and considered together with the frame and the background.

Single-room occupancy (SRO). A residential property that includes multiple single room dwelling units. Each unit is for occupancy by a single eligible individual. The unit need not, but may, contain food preparation or sanitary facilities, or both.

Spa. Any premises, place of business, or membership club providing facilities devoted especially to health, beauty, and relaxation that deal with the cosmetic, therapeutic, and/or holistic treatments, where people visit for professionally administered personal care treatments.

Special category tenants. Those eligible tenants who also qualify as disabled, senior citizen, low-income, or very low-income individuals as defined under California law.

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 pursuant to the requirements of the Government Code of the State.

Sports courts. As described in Section 25.40.070, a sports court is considered a walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities.

Stable, boarding. The keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses includes the giving of private lessons (1 trainer/1 student), but does not include group lessons, group clinics, shows or similar related activities.

Stable, private. A building or a portion of a building used to shelter and feed equines which are used exclusively by the occupants of the property on which the stable is situated.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Street or highway. A public or private vehicular right-of-way other than an alley.

Street centerline. The centerline of a street right-of-way as established by official survey.

Street opening. A curb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property.

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44 Structural alterations. Any change in the supporting members of a building or structure.

Structure. Anything placed, constructed or erected, which may be readily movable or collapsible, and may require a fixed location on the ground or attached to something having a fixed location on the ground, except business signs and other improvements of a minor character.

Subdivision Map Act. Those provisions set forth in Government Code Section 66410 et seq., as amended or superseded.

Swarming. The natural method of honeybee colonies to reproduce, resulting in the departure of part of the bee population with a queen to create a new honey bee colony.

Swimming pool. An artificial body of water having a depth in excess of 18 inches, designed, constructed, and used for swimming, dipping, or immersion purposes by men, women, or children.

Theater, auditorium. Indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for live theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.

Time-share project. One wherein a purchaser receives the right in perpetuity, for life, or for a term of years to the recurrent, exclusive use, or occupancy of a lot, parcel, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and includes, but is not limited to, timeshare estate, interval ownership, vacation license, vacation lease, club membership, time-share use, and hotel/condominium. A time-share project is subject to a single conditional use permit for time-sharing purposes and a plan of time-sharing set forth in covenants, conditions, and restrictions encumbering such real property, and all real property which is subject to the single conditional use permit and which shall be subsequently annexed under such plan.

Townhouse development. A cluster development consisting of attached two-story dwelling units.

Figure 25.99-10: Townhouse Development

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CITY COUNCIL ORDINANCE ____
45 Transitional and supportive housing. A shelter provided to the homeless for an extended period, often as long as 18 months and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing.

Ultimate right-of-way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.

Unit. The particular area of land or airspace that is designed, intended, or used for exclusive possession or control of individual owners or occupiers.

Use. The purpose, for which land or a building is occupied, arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

Use, accessory. A use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use.

Use, principal. The main purpose, for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, temporary. A use which is required for the proper function of the community or temporarily required in the process of establishing a permitted use, or construction of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this title.

Utility facility. Buildings, substations, equipment, and other operations that serve more than 1 property and are related to the provisions of public utility services such as electricity, natural gas, and other utilities. This category includes the following:
• Fixed-base structures and facilities serving as junction points for transferring utility services from 1 transmission voltage to another or to local distribution and service voltages.

These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers or equipment and material storage yards.
• Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable

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46 television, and other communications transmission facilities utilizing direct physical conduits.

Utility installation. The equipment and utility infrastructure that is required for an individual development.

Vacancy rate. The number of vacant apartment dwelling units being offered for rent or lease in the City of Palm Desert shown as a percentage of the total number of apartment dwelling units offered for or under rental or lease agreement in the City. The vacancy rate shall be established by a public or private service that monitors apartment vacancies within the City.

Valet parking. Whenever a parking attendant is utilized to park cars in an assigned area that is not available to the general public.

Vehicle, commercial. A vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation or profit or designed, and used primarily for the transportation of property.

Vehicle sign. Any sign that is attached to or painted on a vehicle or trailer that is parked on or adjacent to any property, the principal purpose of which is to direct people to a business, or attract attention to a product sold or business located on the same property or nearby. On street-legal vehicles, the following signs or insignia are not considered to be vehicle signs, and are not regulated as vehicle signs:

1. Messages on a vehicle where the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised on the vehicle.

2. Commercial messages that do not exceed a total of 3 square feet in size.

3. Commercial messages on mass transit vehicles that pass through the City.

Vehicle storage facility. A facility to store operative or inoperative vehicles, storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but do not include vehicle dismantling.

Vehicular accessway. A private, nonexclusive vehicular easement affording access to abutting properties.

Very low income. Income that does not exceed 50 percent of the then-current area median household income of the County of Riverside adjusted for family size by the state Department of Housing and Community Development in accordance with adjustment factors adopted and amended from time to time by the US Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937.

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47 Wall sign. A sign attached to or erected on the exterior wall of the building or structure or on a canopy marquee or similar overhang with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall and not extending above the eave line. The lowest part of a mansard-style roof shall be considered the eave line.

Warehouse or storage facility. A facility for the storage of farm products, furniture, household goods, or other commercial goods of any nature.

Wholesale. A business establishment engaged in selling to retailers or jobbers, rather than consumers.

Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view that is located within 5 feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.

Wing wall. An architectural feature in excess of 6 feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.

Yard. Any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the projections permitted by this title.

Zone. A zoning district, as defined in the State Conservation and Planning Act, shown on the zoning map to which uniform regulations apply.

Zoning map. The official zoning map of the City which is a part of this title.

Zoning Ordinance, this ordinance. The comprehensive Zoning Ordinance of the City. (Ord. 1393 § 33, 2023; Ord. 1384 § 2, 2022; Ord. 1366 § 2, 2021; Ord. 1358 § 2, 2020; Ord. 1331 § 3, 2017; Ord. 1321, 2017; Ord. 1304 § 1, 2016; Ord. 1303 § 7, 2016; Ord. 1302 § 5, 2016; Ord. 1292 § 4, 2015; Ord. 1279 § 21, 2015; Ord. 1277 § 7, 2014; Ord. 1267A § 2, 2014; Ord. 1259 § 1, 2013)

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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: October 3, 2023
PREPARED BY: Carlos Flores, Senior Planner
REQUEST: CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO

ADOPT A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF ZONING ORDINANCE AMENDMENT (ZOA) 23-0002 FOR A ZONING ORDINANCE

AMENDMENT TO MODIFY SECTIONS OF PALM DESERT MUNICIPAL CODE (PDMC)
RECOMMENDATION:

Waive further reading and adopt Planning Commission Resolution No. 2845 to:

1. Recommend that the City Council adopt a Notice of Exemption pursuant to the General Rule Exemption under Section 15061(b)(3) “General Rule.”

2. Recommend that the City Council approve Case No. ZOA23-0002 to modify PDMC Chapter 25 (Zoning Code).

EXECUTIVE SUMMARY
On May 25, 2023, staff received direction from the City Council (Council) to initiate a ZOA to execute the recommendations contained in the 2023 Commercial Broker’s Report (Report). The recommendations included the following:
• Review land use definitions and expand specific land use categories, including auto retail and medical.
• Allow existing office buildings to utilize “office professional” use standards in the Downtown Edge Overlay Zoning District (DE-O).
• Require a Conditional Use Permit (CUP) for new self-storage facilities.

Additionally, on September 14, 2023, staff received direction from the Council to initiate a ZOA to allow Animal Clinics in the Downtown Districts on properties fronting Highway 111.

City staff has prepared ZOA23-0002, which amends the PDMC to incorporate these recommendations.

Adopting the staff’s recommendation will result in a recommendation that the Council adopt a Notice of Exemption pursuant to CEQA under the General Rule exemption and approve ZOA23-0002.

BACKGROUND/ANALYSIS:

A Report was first presented to the Council in 2021 by the City’s Economic Development Department.

The report identified existing constraints and barriers local brokers were encountering in the City. The 2021 report identified the following recommendations:
• Streamline processes for restaurants, daycare centers, health clubs, and indoor automotive sales by changing from requiring a CUP to an Administrative Use Permit (AUP) in certain zoning areas.

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Palm Desert City CouncilOctober 26, 2023

Palm Desert City Council
October 26, 2023