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HomeMy WebLinkAbout332144 I 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Case No: ZOA 01-81 Common Project Name (if any) Applicant/Project Sponsor: City of Palm Desert 'I1 Project Description/Location: Amendment to Zoning Ordinance, Chapter 25.66 relative to Home Occupations. Reasons project will not have a significant adverse impact on the environment: ,#Amendments are designed to mitigate impacts of Home Occupations. Mitigation measures applied to project: N/A INITIAL STUDY IS ATTACHED HERETO. .�-- -- RA MON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES /lr 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 5, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMENDMENT RELATIVE TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an initiation by the PALM DESERT PLANNING COMMISSION for an Amendment to Municipal Code, Chapter 25.66, regarding the regulation of Home Occupations. SAID Public Hearing will be held on March 26, 1981, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post March 12, 1981 PROOF OF PUBLICATION (20101 2015. 5 CCP) PROOF OF PUBLICATION OF CASE ZOA 01-81 ZOA 01-81 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen yearss and not a party to or interested in the C EGAF G above entitled matter. I am the IN• I �o pNNN principal clerk of the printer PA PAN ANCE of PALM DESERT POSTS a newpaper of OMEN oT v WN general circulations printed No�MAs N , and published daily in the city of Riversides County of d Riversides and which newspaper c has been adjudged a newspaper of P general circulation by the Superior Court of the County ofra 40 Riversides State of Ca.lifornias ^ under date of October 59 1964, Case number 83658: that the f� i notices of which the annexed is a printed copys has been published e, in each regular and entire issue o - of said newspaper and not in any supplement thereof on the following datess to-wit: 01122 s1981 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated January 22s 1981 at Riversides California C- ' 74 CITY OF PALM DESSERT r 1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT January 16, 1981 LEGAL NOTICE INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMEND- MENT RELATIVE TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider an Initiation by the PALM DESERT PLANNING COMMISSION for an Amendment to Municipal Code, Chapter 25.66, regarding the regulation of Home Occupations. SAID Public Hearing will be held on February 18, 1981, at 1:00 P.•.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post January 22, 1981 MINUTES PALM DESERT PLANNING COMMISSION MEETING FEBRUARY 3, 1981 Page Two VI. PUBLIC HEARINGS (cont. ) Q, r,oc fl- ^pn n1 _o.!1 _ nT"I n ')nO M n.CCCpT �r--14,,a t A request for consider ion of the General Plan Update and Environmental Impact eports. Mr. Diaz presented t 's case indicating that staff had been working on this case for a long time and at previous Public Hearings were held. He stated that a summary of the General an Update was provided to the Commission and reviewed the staff report which in uded responses to comments made from the public. He described the propo d changes to the General Plan Update and explained the pro- cedures once this as approved. Staff recommended approval to the City Council of certification of he EIR and adoption of the General Plan Update. Commi ioner Berkey asked about the use of zone overlays with would allow high densit'es for affordable housing. Mr. Diaz informed him that any area would qualify f high density, but preferrably areas with large acreage and a small number owners would be more practical . Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to omment. There being none, the Public Hearing was closed. Motion was made by Commissioner Richards, seconded by Commissioner Berkey, to recommend approval to the City Council of certification of the Environmental Impact Reports b ning YMMission Resolution No. 680; and, adoption neral Plan Update by adoption of Planning Commission Resolution No. 681. Carried unanimously (4-0) . C. Case No. ZOA 01-81 - CITY OF PALM DESERT, Applicant A request for an amendment to Municipal Code, Chapter 25.§6 regarding the regulation of Home Occupations. Mr. Diaz explained the proposed amendments to the Home Occupations section and stated why these changes were necessary. He noted a revision to Exhibit "A" section M, should read: "No more than 400 sq.ft. of the dwelling area shall be employed for the home occupation". Vice Chairman Kryder opened the Public Hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to recommend approval of this amendment to the City Council by adoption of Planning Commission Resolution No. 682. Carried unanimously (4-0) . VII. OLD BUSINESS - NONE VIII NESS A. Proposed Amendments to Zoning Ordinances - Temporary Uses and Model Home Complex. Mr. Diaz stated that staff was attempting to amend the Temporary Use Permits se tion for further clarification to provide a method to repeal a TUP and a method of app ling the decision of the Zoning Administrator. He stated that establishing a ne Model Home Complex section would also further clarify this section in terms of ade uate parking, garage conversion, etc. He asked for minute action to initiate public earings for the code changes. Vi Chairman Kryder asked if design centers would be included in the Model Home section. Mr. Diaz replied that it does. Commis ioner Richards asked if it determined what would be done to the complexes afte wards. Mr. Diaz replied it did and they would require applicants to bond to insu a that they will be returned to a residential use. Minute mote n was made by Commissioner Richards, seconded by Commissioner McLachlan, to direc staff to proceed with amendment procedures. Carried unanimously (4-0) / CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Zoning Ordinance Amendment APPLICANT: CITY OF PALM DESERT CASE NO: ZOA 01-81 DATE: February 3, 1981 I. REQUEST: Amendment to Municipal Code, Chapter 25.66 regarding the regulation of Home Occupations. II . BACKGROUND: A. CASE INITIATION: This amendment was initiated by the Planning Commission at the meeting of December 17, 1980. B. ENVIRONMENTAL ASSESSMENT The Director of Environmental Services has determined the proposed amendment will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. III . DISCUSSION: This amendment will amend and add additional regulations and procedures relating to the issuance of Home Occupation permits. New regulations will involve greater control over the use of mechanical equipment, storage of materials, parking of commercial vehicles, and maxi- mum area restrictions associated with businesses located in residential zones. Permit procedures would be modified to include notification of adjacent residents and provisions for renewal , revocation and appeal of permit approvals. Sections 25.66.60, Permitted Uses and 25.66.070, Prohibited Uses, would be added to further define the type of business activity appropriate for home occupations. IV. STAFF RECOMMENDATION: Based upon findings and justifications contained in the draft Resolution: Recommend approval to the City Council of an amendment to Municipal Code, Chapter 25.66 pertaining to Home Occupations by adoption of Planning Com- mission Resolution No. 45-275 PRICKLY PEAR LANE, PALhi DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 16, 1981 CITY OF PALM DESERT LEGAL NOTICE INITIATION BY THE. PALM DESERT PLANNING COMMISSION OF A ZONING ORDINANCE AMENDMENT RELATIVE TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider an initiation by the PALM DESERT PLANNING COMMISSION for an Amendment to Municipal Code, Chapter 25.66, regarding the regulation of Home Occupations. , SAID Public Hearing will be held on in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA n, GILLIG9N, City Clerk City of Pala Desert, California PUBLISH: Palm Desert Post .t INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: HOME OCCUPATIONS DATE: December 11, 1980 Recent objections raised to a previously approved Home Occupation Permit has called attention to certain inadequacies in the Home Occupation section of the City's Zoning Ordinance. Among the issues raised are: 1. Lack of notification to adjoining property owners of Home Occupation applications. 2. A clear method of appeal of the decision of the Zoning Administrator. 3. An inability of the Zoning Administrator to easily rescind an approved Home Occupation permit. 4. An easy non-time consuming method for the Zoning Administrator to secure information about potential concerns of adjoining residents. The attached proposed additions to different sections of the Home Occupation portion of the City's Zoning Ordinance should address these issues. R ON A. DIAZ IRECTOR OF ENVIRONMENTAL ERVICES I Chapter 25.66 HOME OCCUPATIONS Sections: 25.66.010 Purpose. 25.66.020 Regulations. 25.66.030 Use permit. 25.66.040 Term and renewal of permits. 25.66.041 Appeals. 25.66.041 Permitted uses. 25.66.043 Prohibited uses. 25.66.050 Permit fee. 25.66.010 Purpose. This chapter is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. The purpose of a home occupation shall be limited to the use of the home for telephone and mailing address purposes only. (Ord. 98 §1 (part) , 1975: Exhibit A 525.36-1) . 25.66.020 Regulations. Home occupations allowed by the provisions of this title shall—be granteethe zoning administrator provided the home occupation complies with the following regulations: A. There shall be no stock in trade other than products manufactured on the premises. B. A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. C. A home occupation shall not be conducted in an accessory structure, and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling. D. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site. except-for-a-paemp;ate-wh4eh-shall-be 4p-rise+�d-w4�h->;he-pre44s4eRs-a€-6hpatew-25:68- E. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation. F. Ne-teeter-shall•-exeeee-ene-hersepewer;-and-the-teia4-heesepewea-e€ saeh-�aete�s-shal•4-pet-exeeed-twe-hey=segewee. No mechanical , electrical a ui ment, or stock material shall e use of er t an that customari y oun in t e home associated with a hobby or avocation not conducted for gain or profit except mac inery, e uci mo n tor stock material which is essentialin t utf e ometoor occumti on, providing at suchmac inert' imsnt c teria does no generate, emitor cre e , vibration, or or, smoke, lare, electrical interference, fire hazard or any oTFe—rhazard or nuisance to any greater or more re uent extent an normally experience in an average rest entia neighborhood. G. A home occupation shall not create any radio or television inter- ference or create noise audible beyond the boundaries of the site. H. No-snake;-erdee;-14gu4d;-er-se44d-waste-shaI4-be-en4tted. No sale-of products or service on the premises except by mail or to ep one. I. No contact with the ublic on the remises except b mail or telephone (except as stated in 26-673 c). J. No truck of more than one-tone capacity, and no semitrailers incidental to a home occupation shall be kept on the site. Not more than one truck of three- quarter-ton capacity or greater up to one ton, shall be kept on the site. K. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. (Ord. 98 S1 (part) , 1975: Exhibit A §25.36-2) . (1) r � L. No delivery to or from the premises by commercial vehicles, cars, vans or stationwagons of a supplier or vendor. Delivery of product and pick up of supplies or materials shall be made in a non=commercial vehicle by the pro- prietor or resident help of the home occupation. M. No more tan one room or 200 square feet, whichever is less, shall be employed for the home occupation. N. No garage, accessory building or open round space shall be employed for home occu ation or for story a of a ui meet; su ies or roducts, exce t t>Te ve ice an equipment, supp ies or pro ucts store within t e ve ice emp oye y the home occupation. 25.66.030 Use permit. A. . Application for a home occupation use permit shall be made to the zoning administrator on a form supplied by the city planning commission. The zoning administrator shall issue a certificate upon determining that the proposed home occupation meets all the requirements of this chapter. (Ord. 98 81 (part), 1975: Exhibit A S25.36-3) . B. Applicant for home occupations permit shall provide the zoning administrator with the name and addressof the property owners of adjacent properties and those across a street or alley from the property in which the home occupation will occur. C. The zoning administrator shall notify adjacent residents of said application, and determine if there are any objections to the issuance of said permit. D. The zoning administrator shall notify adjacent property owners of his decision. 25.66.040 Term and renewal of permits. A. All use permits for home occupations shall continue in existence and shall be automatically renewed on a year-to-year basis unless the zoning administrator denies renewal in accordance with the provisions of this chapter. (Ord. 98 S1 (part) , 1975: Exhibit A §25.36-4). B. If applicant agrees the zoning administrator may issue a home occupation permit for less than one year. C. If during the year the zoning administrator finds that the home occupation has become a nuisance to surrounding property owners. The administrator may revoke said permit. 25.55.041 Appeals. The decision of the zoning administrator may be appealed to the planning commission in the manner prescribed in Section 25.86.020 and 25.86.030 of this Chapter. 25.66.042 Permitted Uses. A. Sales and service type business with no on-site contact with the public such as but not limited to: accountant architect, draftsman, etc. artist author contracting service dress designer engineers gardener insurance agent pattern designer, clothing photographer pool maintenance sale of product or service (mail , telephone or off premises sales) to public or business firms typist B. Production and assembling of small quantities of items such as but not limited to: (2) . � b drapes clothing games jewelry knick-knacks macrame novelties potted plants toys 25.66.043 Probibited uses. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations: auto repair barber and beauty shops bicycle repair carpentry work dance instruction laundering service medical and dental offices painting of vehicles, trailers or boats photo developing photo studios private schools with organized classes radio and television repair upholstering welding 25.66.050 Permit fees. Upon initial -.issuance and renewal of a home occupation use permit, the zoning administrator shall collect a fee for the permit as determined by resolution of the city council . (Ord. 98 §1 (part), 1975: Exhibit A §25.36-5). (3) I,. MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - DECEMBER 17, 1980 1:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order at 1:00 P.M. by Chairman Miller in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner McLachlan Chairman Miller Excused Absent: Commissioner Richards Staff Present: Ramon Diaz, Director of Environmental Services Stan Sawa, Associate Planner John Dos Santos, Assistant Planner Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works IV. APPROVAL OF MINUTES A. Minutes of regular meeting of December 2, 1980. Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to approve the minutes as submitted. Carried unanimously (4-0). V. WRITTEN COMMUNICATIONS - NONE X> VI. PUBLIC HEARINGS A. Case No. CUP 15-78 - E. GEORGE MARZICOLA, Applicant Request for a second one year extension of a Conditional T Use Permit to create a 40 lot Industrial Planned Unit Development on approximately 34.7 acres within the S. I. , .S.P. (Service Industrial , Scenic Preservation Overlay) zone located at the southeast corner of Cook Street and Hovley Lane. Mr. Sawa presented this case reviewing the staff report and noting that the original conditions still existed. Staff recommended approval . Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. It was noted that the applicant was present and would answer any questions. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case; there being none, the Public Hearing was closed. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to approve this case by adoption of Planning Commission Resolution No. 664. Carried unanimously (4-0) . VII. OLD BUSINESS - NONE VIII. NEW BUSINESS___�� A HOME OCCUPATION TANDARbS - Review of existing ordinance pertaining to home occupations. Mr. Diaz stated that there were administrative ordinances that should be amended as soon as possible. He indicated that there were several problems with this particular ordinance; he reviewed those problems and explained the changes. Jr 'F MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 17, 1980 Page Two VIII. NEW BUSINESS (cont. ) Staff recommended that they be instructed to proceed with these amendments. Commissioner Kryder asked what prompted these changes. Mr. Diaz explained about a recent issue that motivated the necessity for these changes. After review of the amendments the Commission noted a change should be made to "M" under "Regulations" , to provide more than the 200 sq.ft. specified. Minute Motion was made by Commissioner McLachlan, seconded by Commissioner Berkey, to instruct Staff to proceed with the amendments. Carried unanimously (4-0). IX. DESIGN REVIEW BOARD ITEMS A. Consideration of cases acted on by the Design Review Board at their meeting of December 9, 1980. COMMISSIONER MCLACHLAN WAS EXCUSED DUE TO A CONFLICT OF INTEREST. stating that the Design Revi ew Board reviewed Mr. Diaz presented this case g 9 this and several revisions were made. Mr. Diaz explained those revisions, one of which was the drainage plan. MR. BILL FITCH, Applicant's Engineer, was present and explained the drainage system in detail . Mr. McClellan, City Engineer, was also present for input on the drainage plan. After a lengthy discussion on the drainage /for this project, the Commission felt further study should be made before a decision or action is taken. r It was noted that the applicant would return with a revised drainage plan. Minute Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to continue this matter to the meeting of January 14, 1980. Carried 3-0-1 (with Commissioner McLachlan abstaining) . X. ORAL COMMUNICATIONS - NONE XI. COMMENTS Mr. Dos Santos gave a report on the Magnesia Falls Drive alignment, stating that becuase of new information received by Staff, a reconsideration of the Commission's decision needed to be made. He explained that a gas transformer and other utility lines are located 30 ft. from the center line and their relocation would be a financial hardship to the property owner. Therefore, Staff recommended Magnesia Falls Drive be retained as a Scenic Secondary Roadway with a center median width of 12 ft. Minute Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to retain Magnesia Falls Drive as a Scenic Secondary Roadway, with a center median width of 12 ft. Carried unanimously (4-0). XII. ADJOURNMENT Motion was made by Commissioner Kryder, seconded by Commissioner McLachlan, to adjourn the meeting at 2:20 p.m. RAMON A. DIAZ, Secretary ATTEST: CHAKLLS airman /lr