CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 26, 2025
PREPARED BY: Carlos Flores, AICP, Interim Deputy Director of Development Services SUBJECT: APPROVE A GENERAL PLAN AMENDMENT FROM SMALL TOWN
NEIGHBORHOOD TO NEIGHBORHOOD CENTER AND CHANGE OF
ZONE FROM PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL
FOR A PROPERTY ON THE NORTHWEST CORNER OF FRED WARING
AND FAIRHAVEN
RECOMMENDATION:
1. Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A GENERAL
PLAN AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED
WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016).”
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL FOR A 2.21 ACRE PROPERTY ON THE
NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-040-016).”
BACKGROUND/ANALYSIS:
A 2.21-acre property located on the northwest corner of Fred Waring Drive and Fairhaven Avenue (“Project Site”) is currently improved with one building (a vacant but former church), parking, and landscaping. The Project Site has a vacant church building that is approximated to have been built in 1968 and has not changed uses since original construction and operation.
The building was identified as a potential historic resource in the City’s Historic Reconnaissance Survey. The rest of the Project Site is improved with existing parking, landscaping, and vehicular access, including a shared vehicular and parking agreement with the property directly to the west.
On January 13, 2000, the Palm Desert City Council (Council) adopted Resolution No. 00-4, 00- 5, and Ordinance No. 931 for a 10.3-acre property directly north of the Project Site, which approved the following:
- General Plan Amendment and Change of Zone to add a Senior Overlay - Precise Plan to construct a 250-unit retirement community On December 14, 2000, the Council adopted Resolution 00-140, 00-141, and Ordinance No. 975 for a 2.74-acre property directly west of the Project Site, on the north side of Fred Waring, 330 feet west of Fairhaven drive, which approved the following:
915
City of Palm Desert
GPA24-0001/CZ24-0002
- Change of Zone from Planned Residential – 7 to Office Professional - General Plan Amendment from Medium Density Residential to Office Professional - Construction of a 64,521 square foot, two-story office complex, including shared access to the Project Site.
Project Summary:
Statewide Services (Applicant) on behalf of Dignity Investment Group (Owner) has submitted a General Plan Amendment (GPA) and Change of Zone (CZ) application to facilitate the conversion of the former church into a medical building for consistency with the adjacent medical office complex. The conversion would include renovating the interior of the building. The GPA would amend the General Plan land use designation from Small Town Neighborhood (STN) to Neighborhood Center (NC) and the CZ would change the zoning designation from Planned Residential (PR) to Office Professional (OP). Neither STN nor PR allow medical or professional offices; however, NC and OP do allow these uses.
The project request does not include any formal construction documents or new buildings proposed. Any future construction of new buildings or subdivisions would require new and additional applications with public review.
A. Property Description
The Project Site has not had any change of use or proposed new uses for its existing building since City incorporation. As shown in Exhibit 1 below, the Project Site is fully improved with the existing church building, uncovered and covered parking, landscaping, and vehicular access.
Exhibit 1 – Project Site Aerial
916
City of Palm Desert
GPA24-0001/CZ24-0002
B. Zoning, General Plan and Adjacent Uses
Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project Site Vacant (former Church) Small Town Neighborhood (Existing), Neighborhood
Center (Proposed)
Planned Residential (PR)-7
(Existing), Office Professional
(Proposed)
North Existing Residential Small Town Neighborhood PR-7 East Existing Residential Small Town Neighborhood R-2
West Existing Medical
Offices
Town Center Neighborhood
(TC)
Office Professional
C. Project Description
The Applicant’s proposal is to convert the existing building into a medical office facility, to provide cohesiveness and consistency with the adjacent development to the west. The Project Site is conveniently located on Fred Waring Drive which has many properties zoned OP, as demonstrated in Exhibit 2 below. Properties shown in purple are zoned OP and the Project Site is highlighted with a red square.
Exhibit 2 – Zoning Map Snapshot
General Plan Amendment
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City of Palm Desert
GPA24-0001/CZ24-0002
The change in land use would provide consistency and cohesion with the adjacent medical office complex. The current General Plan STN land use designation is intended “To provide moderate intensity neighborhood development that features a variety of housing choices and mixed uses, while preserving or enhancing the existing inventory of 1950’s Desert homes.” This definition and the accompanying allowed land uses offer limited options and are inconsistent with how the Project Site has been used since City incorporation, as a non-residential use. The change to a Neighborhood Center land use designation, is intended “To provide a concentration of commercial businesses and civic amenities within walking and biking distances of neighborhoods.” This change in land use would not remove the ability to construct housing.
Change of Zone
The proposed CZ from PR to OP facilitates the use of the building for medical purposes. PR is mostly focused on facilitating residential developments meanwhile the OP designation “is intended for various levels of intensities for business, office, administrative, research and development, and/or professional land use”. Residential and religious land uses would still be permitted in the OP zone, with approval of a conditional use permit, and both zoning designations have the same maximum height of 40 feet.
Public Input
Public noticing was conducted for the June 26, 2025, Planning Commission meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094 and 65854. This includes the requirements of Section 65854 recently updated pursuant to Assembly Bill 2904. A public hearing notice was published a minimum of 20 days before the hearing date in The Desert Sun newspaper on June 6, 2025. Notices were mailed to all property owners within 500 feet of the project site.
Environmental Assessment/Environmental Review:
The Development Services Department finds that the Project is exempt from CEQA per Section 15301 of the CEQA Guidelines as the Project is a Class 1 Exemption for “Existing Facilities” development. Class 1 applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. The proposed project change of land use would impact existing facilities and allow for their operation with additional uses. Additionally, the Project does not qualify for any of the exceptions pursuant to Article 19 of the CEQA Guidelines Section 15300.2 for “Exceptions.” A notice of exemption would be filed after project approval.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Planning Commission Recommendation:
On May 20, 2025, the Planning Commission adopted Planning Commission Resolution 2891, recommending the City Council approve the proposed General Plan Amendment and Change of Zone. Public comments were received for this meeting in support and opposition of the project (Attachment 4).
918
City of Palm Desert
GPA24-0001/CZ24-0002
FINANCIAL IMPACT:
There is no financial impact as a result of this action.
ATTACHMENTS:
1. Draft Ordinance
2. Draft Resolution
3. Public Hearing Notice
4. Planning Commission Public Comments
919
920
ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESEERT, CALIFORNIA APPROVING A GENERAL PLAN
AMENDMENT FROM SMALL TOWN NEIGHBORHOOD TO
NEIGHBORHOOD CENTER FOR A 2.21 ACRE PROPERTY ON THE
NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN
AVENUE AND MAKING A FINDING OF EXEMPTION UNDER CEQA.
(ASSESSOR’S PARCEL NUMBER 640-040-016)
CASE NOS. GPA24-0001
WHEREAS, Dignity Investment Group (“Applicant”), submitted a request to change the general plan land use designation and zoning designation of a 2.21-acre parcel located at the northwest corner of Fred Waring Drive and Fairhaven Avenue from Small Town Neighborhood to Neighborhood Center and Planned Residential – 7 units per acre to Office Professional, respectively; and
WHEREAS, the Project site has a land use designation of Small Town Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Planned Residential – 7 units per acre (PR-7); and WHEREAS, the Project Site has been developed with existing improvements which generally consist of a single unoccupied building previously occupied by a church, related parking lot and landscaping, and is adequately served by existing public utilities and services; and
WHEREAS, the proposed General Plan Amendment would not create any nonconforming uses or structures on site; and
WHEREAS, the proposed General Plan Amendment and Change of Zone would allow the site to remain suitable for residential uses at a maximum density of 15 units per acre; and
WHEREAS, the proposed General Plan Amendment and Change of Zone would make the land use consistent with the adjacent property to the west and allow the site to continue existing vehicular connectivity to said project site; 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, 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, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the 921
2 environment and that the Project is categorically exempt under Article 19, Section 15301 Existing Facilities (Class 1) of the CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and adopted Planning Commission Resolution 2891 recommending the City Council approve said Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of June 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; 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. General Plan Amendment. As required by Palm Desert Municipal Code “PDMC” Section 25.78.070, the following findings to approve a General Plan Amendment:
There is a substantial public benefit to be derived from such amendment and the proposed amendment furthers the goals of the General Plan.
The General Plan Amendment (GPA) is in the public’s interest as it will maintain the character of Fred Waring Drive by creating consistency in General Plan land use designation on the north side of Fred Waring, west of Fairhaven Drive. The project site has existed for decades as the site of a church with a parking lot that connects to an existing medical office park directly to the west. The existing General Plan land use allows for residential uses. The proposed General Plan Land use designation allows the site to establish non-residential uses that serve the needs of the neighborhood, meanwhile retaining its ability to have residential uses. The intent of Neighborhood Center is to provide a concentration of commercial businesses and civic amenities within walking and biking distances of neighborhoods, and the location off Fred Waring where this project site is located is ideal for this designation and uses based off its proximity to surrounding residential and a major thoroughfare (Fred Waring).
SECTION 3. CEQA Determination. The City Council finds that the Project is exempt from CEQA per Section 15301 of the CEQA Guidelines as the Project is a Class 1 Exemption for “Existing Facilities” development. Class 1 applies to projects involving 922
3 the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. The proposed project change of land use would impact existing facilities and allow for their operation with additional uses. Additionally, the Project does not qualify for any of the exceptions pursuant to Article 19 of the CEQA Guidelines Section 15300.2 for “Exceptions.” SECTION 4. General Plan Amendment. The City Council approves the General Plan Amendment presented, as depicted in Exhibit “A.”
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. Posting and 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 thirty (30) days after its adoption.
ADOPTED ON __________________ , 2025.
JAN HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on ________ , 2025, and adopted at a regular meeting of the City Council held on _________ , 2025, by the following vote:
AYES:
NOES:
923
4 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
924
Arboleda Avenue
Fairhaven Drive
ta Bonita
Fred Waring Drive
Ad
onis Drive
Arboleda Avenue
Fairhaven Drive
Vis
ta Bonita
Fred Waring Drive
Adonis Drive
Existing
Small Town Neighborhood Neighborhood Center
Proposed
Proposed General Plan Land Use Change for
APN: 640-040-016
From Small Town Neighborhood to Neighborhood Center
±
±
925
926
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESEERT, CALIFORNIA APPROVING A CHANGE OF ZONE FROM
PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL FOR A 2.21
ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING
DRIVE AND FAIRHAVEN AVENUE AND MAKING A FINDING OF
EXEMPTION UNDER CEQA. (ASSESSOR’S PARCEL NUMBER 640-
040-016)
CASE NOS. CZ24-0002
WHEREAS, Dignity Investment Group (“Applicant”), submitted a request to change the general plan land use designation and zoning designation of a 2.21-acre parcel located at the northwest corner of Fred Waring Drive and Fairhaven Avenue from Small Town Neighborhood to Neighborhood Center and Planned Residential – 7 units per acre to Office Professional, respectively; and
WHEREAS, the Project site has a land use designation of Small Town Neighborhood in the Palm Desert General Plan adopted on November 10, 2016, and a zoning designation of Planned Residential – 7 units per acre (PR-7); and WHEREAS, the Project Site has been developed with existing improvements which generally consist of a single unoccupied building previously occupied by a church, related parking lot and landscaping, and is adequately served by existing public utilities and services; and
WHEREAS, the proposed Change of Zone would not create any nonconforming uses or structures on site; and
WHEREAS, the proposed Change of Zone would allow the site to remain suitable for residential uses at a maximum density of 15 units per acre; and WHEREAS, the proposed Change of Zone would make the land use consistent with the adjacent property to the west and allow the site to continue existing vehicular connectivity to said project site; 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, 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, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment and that the Project is categorically exempt under Article 19, Section 15301 927
Resolution No. 2025-___ Page 2
Existing Facilities (Class 1) of the CEQA Guidelines; therefore, no further environmental review is necessary; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of May 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and adopted Planning Commission Resolution 2891 recommending the City Council approve of said Project; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of June 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; 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. General Plan Consistency.
There is a substantial public benefit to be derived from such Change of Zone and the proposed amendment furthers the goals of the General Plan.
The Project is in the public’s interest as it will maintain the character of Fred Waring Drive by creating consistency in land use designation on the north side of Fred Waring, west of Fairhaven Drive. The project site has existed for decades as the site of a church with a parking lot that connects to an existing medical office park directly to the west. The proposed Change of Zone allows the site to establish non-residential uses that serve the needs of the neighborhood, meanwhile retaining its ability to have residential uses. The intent of Neighborhood Center is to provide a concentration of commercial businesses and civic amenities within walking and biking distances of neighborhoods, and the location off Fred Waring where this project site is located is ideal for this designation and uses based off its proximity to surrounding residential and a major thoroughfare (Fred Waring).
SECTION 3. CEQA Determination. The City Council finds that the Project is exempt from CEQA per Section 15301 of the CEQA Guidelines as the Project is a Class 1 Exemption for “Existing Facilities” development. Class 1 applies to projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical 928
Resolution No. 2025-___ Page 3
features involving negligible or no expansion of existing or former use. The proposed project change of land use would impact existing facilities and allow for their operation with additional uses. Additionally, the Project does not qualify for any of the exceptions pursuant to Article 19 of the CEQA Guidelines Section 15300.2 for “Exceptions.” SECTION 4. Change of Zone. The City Council approves the Change of Zone presented, as depicted in Exhibit “A.”
SECTION 5. Based upon the foregoing findings and facts incorporated herein, the City Council hereby approves CZ24-0002.
ADOPTED ON ______.
JAN C. HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on______, 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 ______________, 2025.
ANTHONY J. MEJIA
CITY CLERK
929
930
Arboleda Avenue
Fairhaven Drive
ta B
onita
Fred Waring Drive
Ad
onis Drive
Arboleda Avenue
Fairhaven Drive
Vista B
onita
Fred Waring Drive
Ad
onis Drive
Existing
P.R. - Planned Residential O.P. - Office Professional
Proposed
Proposed Zone Change for
APN: 640-040-016
From Planned Residential 7 Units per acre to Office Professional ±
±
931
932
C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-776-6483
[email protected]
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
CASE NO. GPA24-0001/CZ24-0002
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO ADOPT A NOTICE OF
EXEMPTION AND APPROVE A GENERAL PLAN AMENDMENT FROM SMALL TOWN
NEIGHBORHOOD TO NEIGHBORHOOD CENTER AND CHANGE OF ZONE FROM PLANNED RESIDENTIAL TO OFFICE PROFESSIONAL FOR A 2.21 ACRE PROPERTY ON THE NORTHWEST CORNER OF FRED WARING DRIVE AND FAIRHAVEN AVENUE.
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under CEQA, has determined that this project is Categorically Exempt from CEQA review in accordance with Section 15301: Class 1 – Existing Facilities of the CEQA Guidelines.
PROJECT LOCATION: 72700 Fred Waring Drive, Palm Desert, CA 92211 (APN: 640-040-016) PROJECT DESCRIPTION: A consideration to approve a General Plan Amendment and Change of Zone for a developed 2.21-acre property at the northwest corner of Fred Waring Drive and Fairhaven Avenue. The proposal is to facilitate the conversion of an existing 6,000 square foot building to a medical use building. The land use changes include changing the General Plan land use designation from Small Town Neighborhood to Neighborhood Center and changing the Zoning land use designation from Planned Residential 7 units per acre to Office Professional.
PLANNING COMMISSION RECOMMENDATION: At its regular meeting on May 20, 2025, the City of Palm Desert Planning Commission adopted Resolution No. 2891 to recommend the City Council approve of the project.
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 June 26, 2025. The City Council meeting begins at 4:00 p.m. in the Council Chamber 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. Options for remote participation will be listed on the Posted Agenda for the meeting at https://www.palmdesert.gov/connect/city-council.
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:
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 Damian Olivares (760) 346-0611.
PUBLISH: THE DESERT SUN ANTHONY MEJIA, MMC, CITY CLERK
JUNE 6, 2025 CITY OF PALM DESERT, CALIFORNIA
933
934
935
From: Lindsey L Harris
To: Planning Commission
Cc: Carlos Flores
Subject: Support of Staff recommendation for Planning Commission Public Hearing on May 20, 2025, Case No. GPA24- 0001/CZ24-0002
Date: Friday, May 9, 2025 12:24:00 PM
Dear Commissioners,
The purpose of this email is to provide additional written input for consideration relating to the Planning Commission Public Hearing on May 20, 2025, Case No. GPA24- 0001/CZ24-0002. This item refers to a proposal for changes to land use on the property located at the NW corner of Fred Waring Dr and Fairhaven Dr, currently an abandoned church.
We are in support of the Planning Commission recommending to the City Council approval of the General Plan, to be amended to the land use designation of Neighborhood Center, and the Zoning changed to Office Professional.
Our understanding is that the current land use proposal is for the existing church structure to be converted for use as a medical use building, with no additional structures to be constructed.
Since my meeting with Carlos Flores, where I expressed several concerns shared with many of the neighbors who live near this property, our active Palm Dell Neighborhood Watch Group has met and discussed some critical issues.
It is imperative that the barricades on Fairhaven Dr and Adonis Dr are retained. The City Council has heard our concerns about this in the past and understands our neighborhood's insistence that these barricades are to be permanently maintained. The advantage to the City is in reducing traffic congestion, eliminating speeding, and increasing public safety, especially for pedestrians. City Council has agreed to this publicly.
Any driveway in and out of development should only be accessible on the south side of the barricade onto Fairhaven Dr, or directly onto Fred Waring Dr, and only if required for public safety. No vehicle access should be allowed directly into the adjacent residential neighborhoods. There are two other existing access/egress driveways easily accessible and available to this property.
For the safety of pedestrians in the area, the sidewalk should be extended along the west side of Fairhaven Dr, from the end of the existing sidewalk to connection with sidewalk at the corner of Fred Waring Dr.
Any new buildings proposed for that site should be restricted to single or two story height due to the property being adjacent to single story, single family homes. At a minimum there should not be any windows allowed on the north side of any building more than one story in height. Privacy, security, and safety for the families in the adjacent homes has also been discussed and approved in the past.
Night lighting must be kept to a low level and minimal for many reasons, especially due to proximity to single family neighborhoods.
Building and parking layout and design should carefully eliminate any spaces that 936
encourage loitering, or homeless encampments, or areas where trash build up could occur. The property owner must be responsible for any hazards or unsightly mess that occur no matter how unintentional.
Thank you for your thoughtful consideration of our ideas and concerns.
Sincerely, -Lindsey and James (Mike) Harris
43754 Fairhaven Dr, Palm Desert, CA 92260
937
From: Bruce Schon
To: Carlos Flores
Subject: Case no. GPA24-0001CZ24-0002
Date: Monday, March 24, 2025 9:10:53 AM
Dear Mr. Flores:
My home is located in Paseo Vista Community (623 Vista Bonita) and backs up to parking lot for the property at the northwest corner of Fred Waring and Fairhaven. I am against the change in code designation from residential to office/professional.
With this location currently used a church, the traffic, noise, and congestion is limited to the day services are held and an occasional evening gathering now and then. It is minimally intrusive. Changing to office/professional will significantly increase these negative factors.
With Fairhaven a blocked street, entering and exiting the parking lot for this structure is cumbersome. Given limited traffic as a church, this is not a significant problem. It will be a significant problem if zoning is changed to office/professional. Traffic accidents between this church and the church across Fairhaven seem to occur more often than normal already without adding more cars into the mix.
One of the reasons I chose my home, was that it is one of the few in the Paseo Vista Community with expansive, uninterrupted views of the mountains. It would decrease property values significantly for the homes like mine that directly back up to the existing structure if things proceed and it is replaced with a larger or taller structure. I am against any steps that increase the likelihood that this could happen — this change in zoning could be a first step in that direction.
Respectfully,
Bruce Schon
623 Vista Bonita
Palm Desert, CA 92260
760-534-7923
[email protected]
938
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 26, 2025
PREPARED BY: Pedro Rodriguez, Code Compliance Supervisor SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS – CEQA
DETERMINATION
RECOMMENDATION:
Introduce an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER
9.24, NOISE CONTROL, TO ESTABLISH UNIFORM PROPERTY MAINTENANCE OPERATING HOURS AND MAKE A FINDING OF EXEMPTION UNDER CEQA.” BACKGROUND/ANALYSIS:
During City Council Study Sessions held on April 24 and May 22, 2025, the City Council directed staff to evaluate property maintenance start times and return with recommendations to improve enforceability and align with public contracts and industry standards. In response, staff has drafted an Ordinance amendment (Attachment 1) to streamline the existing code, eliminate outdated provisions, simplify compliance requirements, and establish uniform enforcement practices.
The proposed amendment clarifies that the restrictions apply exclusively to the start times for using power equipment associated with property maintenance activities. This includes, but is not limited to, lawn mowers, leaf blowers, chainsaws, hedge trimmers, and edgers. Manual labor is exempt from the proposed start time restrictions.
Key changes to the ordinance include:
Removal of outdated language regarding agricultural operations and Carillon Chimes. Establishment of uniform starting times for property maintenance using powered equipment.
Exemption for property owners performing maintenance on their property.
These proposed starting times align with those established for City-hired contractors and reflect standard industry practices for property maintenance operations. Adoption of these changes will promote operational consistency and improve the overall efficiency of code enforcement efforts. 939
City of Palm Desert
Ordinance Amendment PDMC Chapter 9.24 Noise Control
PROPOSED AMENDMENT
PDMC 9.24.075: Property Maintenance Activities
A. Noise sources associated with property maintenance activity, including all portable blowers, lawnmowers, edgers, or similar powered devices, shall be prohibited except during the following hours:
Monday through Sunday: 7 a.m. to 5:30 p.m.
Government code holidays: Not allowed
PDMC 9.24.060: Special Provisions-Exemptions
The following activities shall be exempt from the provisions of this chapter:
A. School bands, school athletic and school entertainment events.
B. Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city.
C. Activities conducted in public parks and public playgrounds.
D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
E. Mobile noise sources associated with pest control through pesticide application.
F. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
G. Noise sources associated with construction activities. Refer to 9.24.070, Construction activities.
H. Property owners/tenants of residential dwellings conducting noncommercial property maintenance Monday through Sunday between the hours of 7 am to 5:30 pm, including government code holidays.
Legal Review:
The City Attorney’s Office has reviewed this report.
FINANCIAL IMPACT:
There is no financial impact related to this action.
ATTACHMENT:
1. Draft Ordinance
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ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE CHAPTER 9.24, NOISE CONTROL, TO
ESTABLISH UNIFORM PROPERTY MAINTENANCE
OPERATING HOURS AND MAKING A FINDING OF
EXEMPTION UNDER CEQA.
The purpose of this ordinance is to amend Palm Desert Municipal Code Chapter 9.24 Noise Control to align and update the operating hours for property maintenance activities, remove outdated language pertaining to noise related to agricultural operations, and exempt homeowners from the operating hours restrictions.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Municipal Code. Section 9.24.060 Special Provisions- Exemptions of Chapter 9.24 Noise Control of the Palm Desert Municipal Code is amended to read as follows:
“9.24.060 Special Provisions-Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events.
B. Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city.
C. Activities conducted in public parks and public playgrounds.
D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
E. Mobile noise sources associated with pest control through pesticide application.
F. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
G. Noise sources associated with construction activities. Refer to
9.24.070, Construction activities.
H. Property owners/tenants of residential dwellings conducting noncommercial property maintenance Monday through Sunday 941
between the hours of 7 am to 5:30 pm, including government code holidays.”
SECTION 2. Amendment to Municipal Code. Section 9.24.075 Property Maintenance Activities of Chapter 9.24 Noise Control of the Palm Desert Municipal Code is amended to read as follows:
“9.24.075 Property Maintenance Activities.
A. Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours:
Monday through Sunday: 7 a.m. to 5:30 p.m.
Government code holidays: Not allowed
Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code.
With the exception of blowers, all maintenance activities associated with golf courses and/or tennis courts can operate from five-thirty a.m. to seven p.m., seven days a week.
B. All municipal maintenance activities are not subject to subsection A.
C. No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels (dBA) measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels (dBA) at a horizontal distance of twenty-four feet using a sound level meter.
D. No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant.”
SECTION 3. CEQA Exemption. The City Council finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 942
Section 15061(b)(3), known as the “common sense” exemption. This determination is based on the clear assessment that there is no possibility the ordinance may have a significant effect on the environment. The ordinance provides administrative clarifications regarding operating hours for the use of power equipment associated with property maintenance activities without expanding land use or initiating new developments, thereby maintaining existing environmental baselines. It ensures operational continuity for operating hours related to property maintenance. The amendments are administrative in nature and do not involve construction, physical alterations, or increases in development intensity, thus qualifying for the CEQA “common sense” exemption.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. Posting and 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 thirty (30) days after its adoption.
ADOPTED ON___________________, 2025.
JAN HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on ________ , 2025, and adopted at a regular meeting of the City Council held on __________, 2025, 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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