HomeMy WebLinkAboutZOA 03-82 NOISE STANDARDS 1982 MINUTES
[REGULAR CITY COUN ' ETING MAY 13, 1982
Upon motion by McPherson, second by Snyder, Ordinance No. 297 was passed
to second reading by a 4-1 vote of the Council with Councilman Snyder voting NO.
E. CASE NO. ZOA 03-82 - CITY OF PALM DESERT, APPLICANT:
REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE
ZONING ORDINANCE REVISING MAXIMUM NOISE LEVELS IN THE
C-1 ZONE.
Mayor Wilson declared the Public Hearing Open and asked for Staff's report.
Mr. Diaz reported that the proposed amendment to the zoning
ordinance will review the maximum permitted noise levels in the C-1
zone. Presently the noise level is limited to 65 decibels above the
ambient level of the area. Staff feels that a noise level this high would
be excessive and unacceptable. A level of 5 decibles above the ambient
noise level would be reasonable. He passed out a graph which showed
the levels.
Mayor. Wilson invited public input in FAVOR of or in OPPOSITION to the
request, and none as offered. He declared the Public Hearing Closed.
Upon motion by Newbrander, second by McPherson, Ordinance No. 298 was
passed to second reading by unanimous vote of the Council.
F. CASE NO. ZOA 10-81 - CITY OF PALM DESERT APPLICANT:
REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE
ZONING ORDINANCE ESTABLISHING A PRECISE PLAN
REQUIREMENT.
Mayor Wilson declared the Public Hearing Open and asked for Staff's report.
Mr. Diaz explained that the purpose of the proposed Precise Plan is to
implement a more comprehensive development review procedure
whereby the Planning Commission will review plot plans while the
Design Review Board reviews design and landscape plans. The
ordinance will also fill some present holes in the Development Plan
procedure. Presently developments in Planned Residential and Planned
Commercial zones are subject to the Development Plan procedures.
The proposed amendment will required that developments in any
commercial zone and any residential zone. except for the R-1 and RE
zones obtain Precise Plan approval.
Councilman Puluqi asked whether or not input from developers was
requested when making these changes, and Mr. Diaz responded that it
was.
Mayor Wilson noted that the proposed ordinance reflected the change
would also occur in R-2 zones. Mr. Diaz responded this was an error
and would be omitted prior to second reading of the ordinance.
Mayor Wilson invited public input, and none was offered. He declared the
Public Hearing Closed.
Councilman Snyder stated that this would streamline the current
process and would be a definite improvement.
Upon motion by Snyder, second by McPherson, Ordinance No. 299 as amended
was passed to second reading by unanimous vote of the Council.
G. CASE NO. C/Z 03-82 - CHARLES MILLER, APPLICANT: REQUEST
FOR CONSIDERATION OF A CHANGE OF ZONE FROM R-1 (SINGLE-
FAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF LARREA
AND LANTANA.
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ORDINANCE NO: 298
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE
ZONING ORDINANCE TEXT PERTAINING TO MAXIMUM
NOISE LEVELS IN THE C-1 ZONE.
CASE NO. ZOA 03-82
WHEREAS, the City Council of the City of Palm Desert, California, did on the
13th, day of May, 1982, hold a duly noticed Public Hearing, to consider an amendment to
the zoning ordinance text pertaining to maximum noise levels in the C-1 zone.
WHEREAS, the Planning Commission, by Resolution No. 795, has
recommended approval; and,
WHEREAS, said application has complied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined the
project is a Class 5 Categorical Exemption; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, or all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to approve a zoning ordinance text amendment.
1. That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan.
3. That the Zoning Ordinance Amendment would better
serve the public health, safety, and general welfare,
than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Council in this case.
2. That it does hereby aprove a Zoning Ordinance Text
Amendment, as provided in the attached exhibit, labeled
Exhibit "A", to amend Municipal Code Section 25.28.140.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 20th day of May, 1982, by the following vote to wit:
AYES: McPherson, Newbrander, Puluqi, Snyder do Wilson
NOES: None
ABSENT: None
ABSTAIN: None
O IU5M, MAYO
. .
ATTEST:
SHEILA R. GILLI�AN, CITY RK
CITY OF PALM DESERT, IFORNIA
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CITY COUNCIL ORDINANCE NO._298
EXHIBIT "A"
CASE NO. ZOA 03-82
Section 25.28.140 - Special Standards
E. The noise level emanating from a commercial use or operation
shall not exceed five (5) dB(A), above the ambient noise level
on the site. If the commercial use is adjacent or across a
street or alley from a residential use or vacant residentially
zoned lot and the increased ambient noise level is above 65
dB(A) CNEL at the residential lot line, the commercial operator
shall provide mitigation of the noise by 5 dB(A) (if existing
ambient is above 65 dB(A) CNEL or so that ambient noise level
is no higher than 65 dB(A) CNEL.
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CITY OF PALM DESERT
TRANSMITTAL LETTER
TO: Honorable Mayor and City Council
REQUEST: Consideration of an amendment to the Zoning Ordinance revising
maximum noise levels in the C-1 zone.
APPLICANT: City of Palm Desert
CASE NO: ZOA 03-82
DATE: May 13, 1982
CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 03-82.
E. Planning Commission Resolution No. 795.
F. Planning Commission Staff Report dated April 20, 1982.
G. Related maps and/or exhibits.
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
The proposed amendment to the zoning ordinance will revise the maximum
permitted noise levels in the C-1 zone. Presently the noise level is limited to 65
decibels above the ambient level of the area. Staff felt that a noise level this high
(ie: between 100-120 decibels) would be excessive and unacceptable. A level 5
decibel above the ambient noise level would be reasonable.
The proposed amendment would limit the noise level emanating from a commercial
use to 5 decibels above the ambient noise level. If the commercial use is adjacent
or across the street from a residential use or residentially zoned lot and the
increased ambient noise level is above 65 dB(A) CNEL at the residential lot line the
commercial operator will be required to provide mitigation of the noise by 5 dB(A)
if existing ambient is above 65dB(A) CNEL or so that the ambient noise level is no
higher than 65 dB(A) CNEL.
No one spoke in favor or in opposition to the proposed amendment at the Public
Hearing.
The Planning Commission approved its Resolution No. 795 recommending approval
of an amendment to the zoning ordinance revising maximum noise levels in the C-1
zone by the following vote: 4-0 with Richards absent.
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MINUTES
PALM DESERT PLANNING COMMISSION
APRIL 20, 1982
under studio units, it should start with "one bedroom". Staff recommended approval of
proposed Exhibit, section A and B, of the amendment.
Chairman Kryder asked if this would impact any apartment units that might be
converted to condominiums in relation to minimum square feet. Mr. Diaz replied that it
may necessitate combining of two units into one unit.
Commissioner Crites asked what was staff's recommendation for section "C" of the
Exhibit, which states that noncondominium units may be decreased by Design Review
process or Planning Commission. Mr. Diaz explained that this was an option for the
Commission to take.
Commission agreed to retain Section "C" of the Exhibit.
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.
Moved by Commissioner Crites, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 794, as amended, recommending
approval of ZOA 01-82. Carried unanimously 4-0.
OC-
Case No. ZOA 03-82 - CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Zoning Ordinance
revising maximum noise levels in the C-1 zone.
Mr. Sawa reviewed the staff report and recommended approval of this amendment
to decrease the allowable noise level increase for a C-1 use from 65 dB(A) to 5 dB(A)
above ambient noise level.
In response to a question by Chairman Kryder, staff noted that a 65 dB(A) CNEL
noise level is an average noise level over 24 hours that generally could be compared with
heavy traffic noise on a commercial street such as Highway 111.
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.
Moved by Commissioner Miller, seconded by Commissioner Wood, to waive further
reading and adopt Planning Commission Resolution No. 795, recommending approval of
ZOA 03-82. Carried unanimously 4-0.
D. Case No. ZOA 10-81, CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Zoning Ordinance
establishing a Precise Plan requirement.
Mr. Diaz reviewed the staff report and stated that this request is to establish a
precise plan for the R-3 and Commercial zones. Staff recommended approval.
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.
Moved by Commissioner Wood, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 796, recommending ZOA 10-81.
Carried unanimously 4-0.
VIII. DESIGN REVIEW BOARD ITEMS:
Preliminary plan approvals by the Design Review Board at its meeting of April 13,
1982, requiring Planning Commission confirmation.
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PLANNING COMMISSION RESOLUTION NO. 795
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT PERTAINING TO MAXIMUM NOISE LEVELS IN THE
C-1 ZONE.
CASE NO. ZOA 03-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of April, 1982, hold a duly noticed public hearing to consider an amendment
to the zoning ordinance text pertaining to maximum noise levels in the C-1 zone; and,
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services had determined the
project to be a Class 5, Categorical Exemption; and,
WHEREAS, at. said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did find
the following facts and reasons to exist to recommend approval of a Zoning Ordinance
Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 1982, by the following vote, to wit:
AYES: CRITES, MILLER, WOOD, KRYDER
NOES: • NONE
ABSENT: RICHARDS
ABSTAIN: NONE
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
Ar
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PLANNING COMMISSION RESOLUTION NO. 795
EXHIBIT "A"
CASE NO. ZOA 03-82
Section 25.28.140 Special Standards
E. The noise level emanating from a commercial use or operation shall not
exceed five (5) dB(A), above the ambient noise level on the site. If the
commercial use is adjacent or across a street or alley from a residential use
or vacant residentially zoned lot and the increased ambient noise level is
above 65 dB(A) CNEL at the residential lot line, the commercial operator
shall provide mitigation of the noise by 5 dB(A) (if existing ambient is above
65 dB(A) CNEL) or so that ambient noise level is no higher than 65 dB(A)
CNEL.
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City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: April 20, 1982
CASE NO: ZOA 03-82
PROPOSED AMENDMENT:
Amendment to Zoning Ordinance revising maximum noise levels in the C-1
zone.
INITIATED BY:
City of Palm Desert
I. DISCUSSION:
The C-1 zone in the Special Standards Section 25.28.140 E sets a maximum noise
level for commercial uses or operations. The section is presently worded as follows:
"The noise level emanating from any commercial use or operation
shall not exceed sixty-five decibels, as per the Occupational
Safety and Health Act of 1970, above the ambient level of the
area."
As can be noted from the above it is possible to have noise levels of 100-120
decibels, which is definitely unacceptable.
In researching this section, staff found that an early draft of the original Zoning
Ordinance used 5 decibels rather than 65 decibels. There is no indication of how
the 5 decibels was changed to 65 decibels.
Staff feels that a 5 decibel increase above ambient noise level is acceptable.
However, there should be a maximum noise level set when adjacent or across from a
residential use. The Noise Element of the General Plan states that the average
(ambient) outdoor noise level for residential (medium and high density) uses should
be 60-65 dB(A). Therefore, staff would recommend that if the noise created by a
commercial use increases the ambient noise level to above 65 dB(A) at the outside
of the residential use that the commercial use be required to mitigate the noise to
a maximum 65 dB(A) CNEL or mitigate the noise by 5 dB(A) if ambient is already
above 65 dB(A).
The proposed amendment would therefore be as follows:
"The noise level emanating from a commercial use or operation
shall not exceed five (5) dB(A), above the ambient noise level
on the site. If the commercial use is adjacent or across a
street or alley from a residential use or vacant residentially
zoned lot and the increased ambient noise level is above 65
dB(A) CNEL at the residential lot line, the commercial operator
shall provide mitigation of the noise by 5 dB(A) (if existing
ambient is above 65 dB(A) CNEL) or so that ambient noise level
is no higher than 65 dB(A) CNEL."
U. ENVIRONMENTAL FINDINGS:
The Director of Environmental Services has determined that the proposed
amendment is a class 5, categorical exemption for purposes of CEQA.
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M. STAFF RECOMMENDATION:
The existing ordinance is unacceptable. Staff feels the proposed amendment would
provide for noise standards which would be in compliance with the General Plan
and better protect the health, safety and welfare of the citizens. Therefore, staff
recommends:
Approval of Planning Commission Resolution No. , recommending approval of
ZOA 03-82.
"A Resolution of the Planning Commission of the City
of Palm Desert, California, recommending approval to
the City Council of an amendment to the zoning ordi-
nance text pertaining to maximum noise levels in the
C-1 zone."
IV. ATTACHMENTS:
A. Draft Resolution
Prepared by A LlA17A
Reviewed and approved by
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PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
AN AMENDMENT TO THE ZONING ORDINANCE TEXT
PERTAINING TO MAXIMUM NOISE LEVELS IN THE C-1
ZONE.
CASE NO. ZOA 03-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of April, 1982, hold a duly noticed public hearing to consider an amendment
to the zoning ordinance text pertaining to maximum noise levels in the C-1 zone; and,
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services had determined the
project to be a Class 5, Categorical Exemption; and,
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did find
the following facts and reasons to exist to recormend approval of a Zoning Ordinance
Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as pr-wided in the attached exhibit, lav led %xhibit '!A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
CASE NO. ZOA 03--52
Section 25.28.1.40 Special Standards
E. The noise level emanating from a commercial use or operation shall not
exceed five (5) dB(A), above the ambient noise level on the site. If the
commercial use is adjacent or across a street or alley from a residential use
or vacant residentially zoned lot and the increased ambient noise level is
above 65 dB(A) CNEL at the residential lot line, the commercial operator
shall provide mitigation of the noise by 5 dB(A) (if existing ambient is above
65 dB(A) CNEL) or so that ambient noise level is no higher than 65 dB(A)
CNEL.
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PROOF OF PUBLICATION
(20109 2015. 5 CCP) b
PROOF OF PUBLICATION Or
LEGAL NOTICE
ZOA 03-82
I am a citizen of the United
States and a resident of the
County aforesaid ; I am over, the
age of eighteen years, and not
a party to or interested in the
above entitled matter. I am the
principal clerk of the printer
of THE DESERT POST,
a newspaper of general circula-
tion, printed and published weekly
in the city of Riverside , County CITY
o�ALM DESER
of Riverside, and which newspaper 03-02
has been adjudged a newspaper of rNOTIc H12H
thata Ira Ream
general circulation by the sbeertiPI, P 1
rb
ml
Superior Court of the County of conside r p ty
uTvp E
Riverside, State of California! menatnl e m n
under date of October Ss 19649 else 1 n 114he
com ioI
Case number 83658; that the heat
na�Cz
notice, of which the annexed as nr pol IlLhtv
a printed copys has been published 27
Pam •rl ear,L
serf ''litorma
in each regular and entire issue Irn,ime, Iaa a11W
ested persons�or�Ynvit
of said newspaper and not in any tAd
supplement thereof on the following Palm Desert Ian
d a t e s/ to-wit : Camrilssionr
0418 ,1982
I Certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated April 89 1982
at Riversides California
CITY OF PALM DESERT
April 22, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 03-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider a request by the CITY OF PALM DESERT for a zoning ordinance
amendment relating to noise levels in the C-1 zone (General Commercial).
SAID Public Hearing will be held on May 13, 1982, 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
April 29, 1982
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April 1, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 03-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider a request by the CITY OF PALM DESERT for a zoning
ordinance amendment relating to noise levels in the C-1 zone (General Commercial).
SAID Public Hearing will be held on April 20, 1982, at 2:00 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
April 8, 1982
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25 . 28 . 140 ,
1
a m wall or berm three feet in height shall be erected
thin the required landscape area to adequately screen the
re ide tia properties .
E . T e noise level emanating from any commercial use or
op rati shall not exceed s� A-five decihels� as per the
Occupational Safety and Healt `ct�Sf-T9 0 above the ambient
level of the area .
F . All mechanic equipment, including heating and air
conditioning units , shall be�mpletely\screened from sur-
rounding properties by use of a-�wall or fence or shall be
enclosed within a building. (Ord.�95 §1 (part) , 1975 : Ex-
hibit A 925 .16-5 .12) .
Chapter 25 . 30
PC PLANNED COMMERCIAL DISTRICT
Sections : ,
6S
25 . 30 . 010 Purpose . 6
' 25 . 30 .020 Uses permitted by approved development plan6�
or conditional use permit .
25 . 30 . 030 Prefiling procedure .
' 25 . 30 . 040 Filing procedure .
25 .30 .050 Rezoning and development plan requirements .
25 .30 . 060 Development plan.
' 25 . 30 . 070 Amendments to development plan .
25 .30 . 080 Design review of project .
25 .30 . 090 Development plan processing as separate
matter .
' 25 . 30 . 100 Development standards applicable .
25 . 30 . 110 Required landscaping .
25 . 30 . 120 Perimeter screening.
' 25 . 30 .130 Off-street parking and loading requirements .
25 . 30 . 140 Utilities .
25 . 30 . 150 Trash handling.
I 25 . 30 . 160 Signs .
25 . 30 . 170 Access .
25 . 30 . 180 Outside storage .
I 25 . 30 . 190 Maintenance .
25 . 30 . 200 Site plan review.
25 . 30 . 210 Sidewalk and pedestrian access .
25 . 30 . 220 District commercial center development
I standards .
25 . 30 . 230 Regional commercial standards .
25 . 30 . 240 Resort center development standards .
I 25 . 30 . 250 Specialty commercial, center standards .
25 . 30 . 260 Exceptions .
25 . 30 . 270 Building sethacks from the planned street
I line .
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