Loading...
HomeMy Public PortalAboutCC05STAFF REPORT TO: City Council DATE: March 21, 2024 FROM: Pilar Lopez, Senior Planner SUBJECT: Zoning Text Amendment Case No. ZTA24-0001 — Repealing Ordinance 860 SPECIFIC REQUEST OR RECOMMENDATION That the City Council approve and introduce Ordinance No. (Next -in -Order), 1st Reading, repealing Ordinance No. 860 and deleting Rancho Mirage Municipal Code Section 17.10.014 "Revenue Generating Uses in Commercial Zoning Districts." JUSTIFICATION OR INFORMATION PROJECT SUMMARY The purpose of this request is to repeal Ordinance 860, which will result in the deletion of Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. Ordinance 860 only restricts office uses in commercial centers built after 2004; most centers in the City were built prior. The Ordinance currently applies to the following shopping centers: One11 Plaza (71703 Highway 111), Waterfront building (71517 Highway 111), Walgreens building (72027 Dinah Shore Drive), and Monterey Marketplace expansion (southwest corner of Dinah Shore Drive and George Montgomery Way). If the ordinance is repealed, this would remove the office restriction in place and could allow tenant spaces to better respond to market demand which would allow property owners to potentially secure tenants to spaces that have had long-term vacancies. Several buildings such as the One11 Plaza (71703 Highway 111) and the Waterfront building (71517 Highway 111), have had tenants rescind their leases due to the revenue -generating use restrictions and have spaces that have remained vacant for many years due to the restriction. PLANNING COMMISSION On February 22, 2024, the Planning Commission conducted a duly noticed public hearing to consider the project. As summarized in the minutes attached to this report, the Commissioners' asked questions to which staff answered. The Planning Commission staff report and minutes are included in Attachments 5 and 6. After due consideration of the staff report and presentation, the Planning Commission made the following motion: AGENDA ITEM # 5-1 DATE: March 21, 2024 Page 2 of 2 ZTA24-0001 JUSTIFICATION OR INFORMATION CONTINUED MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL INTRODUCE AND ADOPT ORDINANCE [NEXT IN LINE] REPEALING ORDINANCE 860 AND DELETING RANCHO MIRAGE MUNICIPAL CODE SECTION 17.10.014: REVENUE GENERATING USES IN COMMERCIAL ZONING DISTRICTS. MOTION CARRIED 5/0 ENVIRONMENTAL DETERMINATION This Ordinance is exempt from environmental review pursuant to Sections 15378 of the Guidelines for California Environmental Quality Act (CEQA) (California Code of Regulations, Title 14, Chapter 3), because approval of this Ordinance does not have the potential to cause a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. PUBLIC HEARING NOTICING The Rancho Mirage Municipal Code Section 17.74.020, Hearing and Notice requires that a Public Hearing Notice shall be published in a local newspaper of general circulation and in public places. A Public Hearing Notice was published in The Desert Sun on Sunday, March 10, 2024. The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on March 6, 2024. ATTACHMENT(S) 1. Public Hearing Notice 2. City Attorney's Independent Analysis Report 3. Ordinance 860 4. Ordinance [next in line] repealing Ordinance 860 and deleting Rancho Mirage Section 17.10.014: Revenue generating uses in commercial zoning districts. 5. Planning Commission Staff Report dated February 22, 2024 (Without Attachments) 6. Planning Commission Meeting Minutes dated February 22, 2024 AGENDA ITEM # ATTACHMENT 1 CITY Or RANCHO MIR\GE Planning Division 69-825 Highway 111 Rancho Mirage, CA 92270 Planning©RanchoMirageCA.gov (760) 328-2266 PUBLIC HEARING NOTICE CITY COUNCIL REGULAR MEETING Thursday, March 21, 2024 — 1:00 p.m. Zoning Text Amendment Case No. ZTA24-0001 Applicant: City of Rancho Mirage Request: Consideration to repeal Ordinance 860, Deleting Section 17.10.014 (Revenue Granting Uses in Commercial Zoning Districts) of the Rancho Mirage Municipal Code. Location: City-wide NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL pursuant to Rancho Mirage Municipal Code Title 17. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15378 the proposed amendments are not considered a "project" under CEQA. The Public Hearing will be held on Thursday, March 21, 2024, at 1:00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5 p.m. Written testimony may be submitted to the City Clerk via email to CityClerk©RanchoMirageCA.gov, or mailed to City of Rancho Mirage, ATTN: City Clerk, 69-825 Highway 111, Rancho Mirage, CA 92270. Written testimony must be received no later than 10:00 a.m. on the day of the hearing to be considered by the City Council. GOVERNMENT CODE § 65009 NOTICE: If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council sufficiently prior to the Public Hearing to enable its consideration by them. ATTACHMENT 2 CITY OF RANC 0 MIRAGE ff CITY ATTORNEY INDEPENDENT ANALYSIS TO: Planning Commission/City Council FROM: Colin D. Kirkpatrick, City Attorney Date: February 22, 2024 SUBJECT: City Attorney's Independent Analysis of Ordinance Repealing Ordinance 860, deleting Rancho Mirage Municipal Code Section 17.10.014 SPECIFIC REQUEST OR RECOMMENDATION: That the Planning Commission and City Council consider and receive and file the City Attorney's Independent Analysis of the proposed Ordinance deleting Rancho Mirage Municipal Code Section 17.10.014 (Revenue Generating Uses in Commercial Zoning Districts). JUSTIFICATION OR INFORMATION: Background This involves a proposed ordinance repealing Ordinance 860 and deleting Rancho Mirage Municipal Code Section 17.10.014 (Revenue generating uses in commercial zoning districts). Section 1.04.031 of the Rancho Mirage Municipal Code provides in part that "[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City's Charter, ordinances approved by the voters, and any applicable federal and/or state laws." DISCUSSION Any city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with applicable state laws. Cal Const art XI, §7. The police power of a city is its right to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals, or the public safety. Chicago, B. & Q. Ry. Co. v Illinois (1906) 200 US 561, 592, 26 S Ct 341. The exercise of police power must: 1) be reasonably related to a legitimate governmental purpose. Birkenfeld v City of Berkeley (1976) 17 C3d 129, 158; see Consolidated Rock Prods. Co. v City of Los Angeles (1962) 57 C2d 515, 522 (there must be reasonable basis in fact to AGENDA ITEM # 5-4 Date: February 22, 2024 ZTA24-0001 Page 2 of 2 JUSTIFICATION OR INFORMATION CONTINUED: support legislative determination of regulation's wisdom and necessity); and 2) have a reasonable tendency to promote the public health, morals, safety, or general welfare of the community. Carlin v City of Palm Springs (1971) 14 CA3d 706, 711 (city has broad discretion in determining what is reasonable in endeavoring to protect public health, safety, morals, and general welfare of community). The City Council adopted Ordinance 860 in 2004, which added Section 17.10.014 to the Municipal Code which requires that at least 75% of gross floor area space of all development projects subject to new or subsequent discretionary development entitlements which are located on parcels of 3.5+ acres in commercial zoning districts be devoted to sales and/or transient occupancy tax generating uses and/or other general fund revenue generating uses as may be agreed upon by the city and developer; and that all such projects are to be maintained and operated consistent with said requirements unless otherwise provided pursuant to an approved development agreement or some measure imposed as a condition of approval by the City Council to mitigate the loss of potential revenue to the general fund. Deleting Section 17.10.014 from the Municipal Code will simply remove said requirement, which is clearly within the scope of the City's police power as it lifts the restrictions and additional requirements imposed upon certain projects subject to Ordinance 860, promoting public convenience and general prosperity. In light of the foregoing, the City Attorney's Office opines that the City has the legal authority to adopt and implement the provisions of the proposed ordinance, and that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City's Charter, ordinances approved by the voters, and any applicable federal and/or state laws. AGENDA ITEM # 5-5 ATTACHMENT 3 ORDINANCE NO. 860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE AMENDING CHAPTER 17.10 "COMMERCIAL AND INDUSTRIAL DISTRICTS" OF THE RANCHO MIRAGE MUNICPAL CODE TO REQUIRE AT LEAST SEVENTY FIVE PERCENT OF ALL DEVELOPMENT PROJECTS IN COMMERCIAL ZONING DISTRICTS ON PARCELS OF 3.5 ACRES OR MORE TO BE DEVOTED TO REVENUE GENERATING USES. THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES ORDAIN AS FOLLOWS: Section 1. AMENDING CHAPTER 17.10 "COMMERCIAL AND INDUSTRIAL DISTRICTS" Chapter 17.10 "Commercial and Industrial Districts" shall be amended with the following new section: 17.10.014 Revenue generating uses in commercial zoning districts. At least seventy-five percent (75%) of the gross floor area space of all development projects subject to new or subsequent discretionary development entitlements which are located on parcels of 3.5 acres or more in commercial zoning districts shall be devoted to sales and/or transient occupancy tax generating uses and/or other general fund revenue generating uses as may be agreed upon by the City and developer. All such projects shall continue to be maintained and operated consistent with the above requirements as a condition of approval of the respective discretionary development entitlement unless otherwise provided pursuant to a validly approved development agreement or some measure imposed as a condition of approval by the City Council to mitigate the loss of potential revenue to the general fund. Section 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraph, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 3. REPEAL OF CONFLICTING PROVISIONS All the provisions of the Rancho Mirage City Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 4. EFFECTIVE DATE This ordinance shall take effect thirty-one (31) days after its second reading by the City Council. Section 5. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 15, 2004 by the following vote: AYES: GERBER, MEEPOS, KITE, SEMAN, HOBART NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY OF RANCHO MIRAGE CITY ,COUNCIL G. 'LAVA HOBART MAYOR ATTEST: CITY CLERK LENA KEERT N , CMC APPROVED AS TO FORM: EVEN B. Q,I'lINTANILLLA, CITY ATTO ORDINANCE CERTIFICATION I, Elena Keeran, City Clerk of the City of Rancho Mirage, California, do hereby certify under penalty of perjury, that the foregoing Ordinance No. 860 was adopted at a meeting of the City Council held April 15th, 2004, by the following vote: AYES: GERBER, MEEPOS, KITE, SEMAN, HOBART NOES: NONE ABSENT: NONE ABSTAIN: NONE I further certify that I have caused the Ordinance to be posted and/or published as required by law (GC Sect. 36933) . ena Keeran, CMC City Clerk ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, REPEALING ORDINANCE 860, DELETING SECTION 17.10.014 (REVENUE GENERATING USES IN COMMERCIAL ZONING DISTRICTS) FROM THE RANCHO MIRAGE MUNICIPAL CODE WHEREAS, the City of Rancho Mirage ("City") is recognized as a charter city and a political subdivision of the State of California for certain purposes; and WHEREAS, in March of 2004, the City Council adopted Ordinance 860. Ordinance 860 added Section 17.10.014 (Revenue Generating Uses in Commercial Zoning Districts) to the Rancho Mirage Municipal Code, which required that at least 75% of the gross floor area space of all development projects subject to new or subsequent discretionary development entitlements which are located on parcels of three and one-half acres or more in commercial zoning districts shall be devoted to sales and/or transient occupancy tax generating uses and/or other general fund revenue generating uses, unless otherwise provided pursuant to a validity approved development agreement or some measure imposed as a condition of approval by the city council to mitigate the loss of potential revenue to the general fund; and WHEREAS, Ordinance 860 limited the amount of office development in certain commercially zoned areas. Commercially zoned areas are within the General Commercial (C -G), Community Commercial (C -C), and Neighborhood Commercial (C -N) Zoning Districts. Within specific plans, such as the Highway 111 East and West Specific Plans and Monterey Specific Plan, certain districts that have underlying commercial zoning were also subject to the ordinance; and WHEREAS, upon adoption of this Ordinance, the revenue -generating use requirements will be removed and could allow tenant spaces to better respond to market demand which would allow property owners to potentially secure tenants to spaces that have had long-term vacancies. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES ORDAIN AS FOLLOWS: Section 1. RECITALS That the above recitals are true and correct and are incorporated as though fully set forth herein. Section 2. REPEAL ORDINANCE 860, DELETING SECTION 17.10.014 (REVENUE GENERATING USES IN COMMERCIAL ZONING DISTRICTS) FROM THE RANCHO MIRAGE MUNICIPAL CODE 1 5-10 That Ordinance 860 is hereby repealed, and that Section 17.10.014 (Revenue Generating Uses in Commercial Zoning Districts) of the Rancho Mirage Municipal Code is hereby repealed in its entirely as follows: 4O414 o onQe g erating uses-;n-commerei a;-zon-i-n g di -s ; i cts . At least seventy five p scent of the gross fleer-area-sane of all dev pment projects subject to new or subsequent discretionary development entitlements which are iocated parc ttii ee and one half acres or more in commrmrTerrcial zoning districts shall be devoted to sales and/or transient occupancy tax generating uses and/or other general fund revenue generating uses as may be agreed upon by the city and developer. All such projects shall continue to be main' tai-ned-and-e-p-eratecl-Gensistent-with-the-a-19GVe-requi-rements-as-a-c-e-n-elitien- of approval of the respective discretionary development entitlement unless otherwise provided nu irsuant to a validity approved development agreement or the loss of potential revenue to the general fund. {Ord. 860 § 1, 2004) Section 3. GENERAL PLAN CONSISTENCY That this ordinance is consistent with the City's General Plan because it merely removes the instant revenue generating use requirement in commercial zoning districts and does not otherwise modify or affect the underlying zoning districts or otherwise conflict with the City's General Plan. Section 4. SEVERABILITY That the City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. Section 5. REPEAL OF CONFLICTING PROVISIONS That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are hereby repealed. Section 6. EFFECTIVE DATE That this ordinance shall take effect thirty (30) days after its adoption. Section 7. CITY ATTORNEY REVIEW 2 5-11 That the City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid, and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the RMMC. Section 8. CERTIFICATION That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on , 2024, by the following vote: Ayes: Noes: Abstain: Absent: Steve Downs, Mayor ATTEST: Kristie Ramos, City Clerk APPROVED AS TO FORM: Colin Kirkpatrick, City Attorney 3 5-12 ATTACHMENT 5 CITY OF RANC STAFF REPORT TO: Planning Commission DATE: February 22, 2024 FROM: Pilar Lopez, Senior Planner SUBJECT: Zoning Text Amendment Case No. ZTA24-0001 — Repealing Ordinance 860 SPECIFIC REQUEST OR RECOMMENDATION: Staff recommends that the Planning Commission: A. Recommend that the City Council introduce and adopt Ordinance [next in line] repealing Ordinance 860 and deleting Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. ATTACHMENTS: 1. Public Hearing Notice 2. City Attorney's Independent Analysis Report 3. Ordinance 860 4. Ordinance [next in line] repealing Ordinance 860 and deleting Rancho Mirage Section 17.10.014: Revenue generating uses in commercial zoning districts. FACT/STATISTICS: 1. Applicant: 2. Purpose of Request: 3. Location: 4. Environmental Information: City of Rancho Mirage To consider repealing Ordinance 860 and deleting Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. City-wide Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15378 the proposed action is not considered a "project" under CEQA. Planning Commission Staff Report AGENDA ITEM # 5-13 DATE: February 22, 2024 ZTA24-0001 Page 2 of 3 JUSTIFICATION OR INFORMATION CONTINUED: JUSTIFICATION OR INFORMATION: PURPOSE The purpose of this request is to repeal Ordinance 860, which will result in the deletion of Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. BACKGROUND On March 18, 2004, the City Council introduced and approved Ordinance 860. Ordinance 860 introduced Rancho Mirage Municipal Code Section 17.10.014, which requires that at least 75% of the gross floor area space of all development projects subject to new or subsequent discretionary development entitlements which are located on parcels of three and one-half acres or more in commercial zoning districts shall be devoted to sales and/or transient occupancy tax generating uses and/or other general fund revenue generating uses. Ordinance 860 applies to discretionary development projects on parcels 3.5 acres or larger within commercial zoning districts built after the ordinance approval in 2004. Ordinance 860 limits the amount of office development (up to 25%) in certain commercially zoned areas. Commercially zoned areas are within the General Commercial (C -G), Community Commercial (C -C), and Neighborhood Commercial (C -N) Zoning Districts. Within specific plans, such as the Highway 111 East and West Specific Plans and Monterey Specific Plan, certain districts that have underlying commercial zoning would also be subject to the ordinance. The following uses, allowed in one or more of the three commercial zoning districts, do not generate sales tax: community/cultural centers, health/fitness centers, libraries, museums, membership organization facilities, outdoor commercial recreation, banks and financial services, business support services, medical services/clinics/laboratories, professional offices, and personal services. The uses above do not typically generate sales tax but are considered to be compatible with the retail components of commercial projects. To clarify, Ordinance 860 would only restrict these uses in commercial centers built after 2004; the majority of centers in the City were built prior. The Ordinance currently applies to the following shopping centers: One11 Plaza (71703 Highway 111), Waterfront building (71517 Highway 111), Walgreens building (72027 Dinah Shore Drive), and Monterey Marketplace expansion (southwest corner of Dinah Shore Drive and George Montgomery Way). The City Council understood that office uses were complementary within shopping centers and other stand-alone commercial developments. Moreover, the inclusion of these office uses often supports commercial establishments. A ban on office uses was not the intent of the subject ordinance, instead, it established a mechanism to allow a small percentage of office uses that do not generate sales tax, but are considered to be compatible with the retail components of commercial projects. However, the implementation of the Ordinance has only been applied to a small number of commercial projects in the City and has caused hardship in leasing tenant spaces. If the ordinance is repealed, this would remove the office restriction in place and could allow Planning Commission Staff Report AGENDA ITEM # 5-14 DATE: February 22, 2024 ZTA24-0001 Page 3 of 3 JUSTIFICATION OR INFORMATION CONTINUED: tenant spaces to better respond to market demand which would allow property owners to potentially secure tenants to spaces that have had long-term vacancies. Several buildings such as the One11 Plaza (71703 Highway 111) and the Waterfront building (71517 Highway 111), have had tenants rescind their leases due to the revenue -generating use restrictions and have spaces that have remained vacant for many years due to the restriction. Modifications to allow for more non -revenue generating space to various properties like the One11 Plaza and Waterfront building were made through Development Agreements and Covenants. With the repeal of Ordinance 860 these agreements would be voided and no longer hold property restrictions. There are also projects like the Monterey Marketplace expansion located southwest corner of Dinah Shore Drive and George Montgomery Way and the Walgreens shopping center (Dinah Shore Drive and Bob Hope Drive) that have a condition of approval ensuring Ordinance 860 compliance and that would be moot. ENVIRONMENTAL DETERMINATION This Ordinance is exempt from environmental review pursuant to Sections 15378 of the Guidelines for California Environmental Quality Act (CEQA) (California Code of Regulations, Title 14, Chapter 3), because approval of this Ordinance does not have the potential to cause a significant effect on the environment, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. PUBLIC HEARING NOTICING The Rancho Mirage Municipal Code Section 17.74.020, Hearing and Notice requires that a Public Hearing Notice shall be published in a local newspaper of general circulation and in public places. A Public Hearing Notice was published in The Desert Sun on Sunday, February 11, 2024. The notice was also posted at City Hall, The Rancho Mirage Library & Observatory, and on the City's website on February 7, 2024. Planning Commission Staff Report AGENDA ITEM # 5-15 ATTACHMENT 6 CITY OF RANCHO MIRAGE PLANNING COMMISSION MEETING THURSDAY, FEBRUARY 22, 2024 - 2:00 P.M. DRAFT MINUTES Meeting Location: City of Rancho Mirage City Hall - Council Chamber 69-825 Highway 111 Rancho Mirage, CA 92270 CALL TO ORDER - 2:01 P.M. a) Flag Salute: Led by Commissioner Chanter. b) Roll Call: Agostini, Bryant, Chanter, Curran, Grey — All Present. COMMISSIONER COMMENTS Commissioner Chanter thanked staff for organizing a tour of the Cotino site. She voiced her appreciation for the tour. Commissioner Curran also expressed his appreciation of the Cotino tour. Vice Chair Agostini welcomed everyone and agreed with the other commissioners about the Cotino tour. Commissioner Bryant commented on the benefits of the Cotino tour and thanked everyone for their contributions to the legacy of Rancho Mirage. Chair Grey welcomed everyone to the first Planning Commission meeting of 2024. NON -AGENDA PUBLIC COMMENTS — None APPROVAL OF MINUTES — November 30, 2023, Special Meeting. MOVED/SECONDED BY CURRAN/CHANTER TO APPROVE THE NOVEMBER 30, 2023, SPECIAL PLANNING COMMISSION MEETING MINUTES. MOTION CARRIED 5/0. ACTION ITEM 1. Review and recommend to the City Council the Planning Commission annual report for 2023. Ben Torres, Planning Manager, presented the staff report. DRAFT 2/22/2024 Planning Commission Meeting Minutes Page 1 of 4 5-1 Public Comments - None. Commissioner Comments - None. MOVED/SECONDED BY CHANTER/CURRAN TO RECOMMEND THAT THE CITY COUNCIL RECEIVE AND FILE THE 2023 PLANNING COMMISSION ANNUAL REPORT. MOTION CARRIED 5/0. PUBLIC HEARING 2. Zoning Text Amendment Case No. ZTA24-0001 — CEQA Action: Pursuant to the California Environmental Quality Act (CEQA) Section 15378 the proposed action is not considered a "project" under CEQA. Consideration of an Ordinance repealing Ordinance 860 and deleting Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. a. Recommend that the City Council introduce and adopt Ordinance [next in line] repealing Ordinance 860 and deleting Rancho Mirage Municipal Code Section 17.10.014: Revenue generating uses in commercial zoning districts. Pilar Lopez, Senior Planner, presented highlights of the staff report. Public Comments — None. Commissioner Comments Commissioner Bryant asked when the ordinance came into effect. Majna Dukic, Development Services Director, replied that the ordinance went into effect in 2004. Commissioner Bryant commented that when the ordinance was put in place, there may have been different market conditions, and the City must understand the current market. He congratulated staff on the recommendation. Commissioner Chanter commented that she was in favor of the repeal because ordinances may need to be evaluated from time to time, and it was important to continue to support our business sector in accordance with market demands. Commissioner Curran commented that he agreed with the other commissioners, and it was a very good move to help stabilize and even reverse vacancies in commercial buildings. Vice Chair Agostini concurred with the other commissioners and added that getting businesses to move into those unoccupied spaces would help contribute more to our local economy. Chair Grey asked staff to confirm whether the original intent of the ordinance 20 years ago was to encourage uses that would generate revenue for the City. Ms. Lopez explained that the original intent of the ordinance was to encourage more retail uses. She noted that the market had changed from the typical brick and mortar retail stores, which was DRAFT 2/22/2024 Planning Commission Meeting Minutes Page 2of4 5-1 why staff was now proposing the repeal. Ms. Dukic added that the underlying zoning, allowable uses, and restrictions would remain in place. MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL INTRODUCE AND ADOPT ORDINANCE [NEXT IN LINE] REPEALING ORDINANCE 860 AND DELETING RANCHO MIRAGE MUNICIPAL CODE SECTION 17.10.014: REVENUE GENERATING USES IN COMMERCIAL ZONING DISTRICTS. MOTION CARRIED 5/0 3. Housing Element 2023 Annual Report — CEQA Action: Not subject to CEQA as the report is not considered a project as defined in Section 15378(b)(2) of the Public Resources Code. An annual report on the status, progress and implementation of the adopted Housing Element. Marcus Aleman, Housing Manager, presented the Housing Element 2023 annual report. Public Comments — None. Commissioner Comments Commissioner Chanter commented on the importance of the development of affordable housing and thanked City staff for completing the report. Vice Chair Agostini asked how many affordable housing projects were in the City of Rancho Mirage, and how many additional units would be developed in Rancho Mirage based on the report. Mr. Aleman responded that there were four City owned affordable housing properties, and four privately owned properties. He added that there would be up to 625 units at Housing Element Inventory Site B, near the Rancho Mirage Dog Park, and up to 140 units at Housing Element Inventory Site D on Peterson Road. Vice Chair Agostini inquired regarding wait list times and how many people were on the list for the affordable properties. Mr. Aleman replied that the wait list had over 4,000 people for the City owned, 55 and over affordable housing properties, which equaled about a five to six -year wait. Vice Chair Agostini noted there was a need and it was important to move forward and make progress. Commissioner Bryant inquired about the 2023 Housing Element and the Regional Housing Needs Assessment allocation numbers. Mr. Aleman confirmed the Housing Element was adopted in March 2022, and certified in August 2022. Ms. Dukic addressed Commissioner Bryant's questions regarding the Regional Housing Needs Assessment allocation numbers, the Housing Element, and the Disposition and Development DRAFT 2/22/2024 Planning Commission Meeting Minutes Page 3 of 4 5-1 Agreements executed in December 2023. Chair Grey commented on the vital need for affordable housing in the valley, adding that housing needed to be developed for those who wanted to live here and were in an economic climate that was a little more restrictive. MOVED/SECONDED BY CHANTER/CURRAN TO RECEIVE AND FILE THE 2023 ANNUAL HOUSING ELEMENT PROGRESS REPORT. MOTION CARRIED 5/0. ADJOURNMENT With no further business to consider, the Planning Commission meeting was adjourned at 2:38 P.M. Prepared by: Deanna Mendoza Development Services Technician Date Approved by Planning Commission: DRAFT 2/22/2024 Planning Commission Meeting Minutes Page 4 of 4 5-1