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HomeMy WebLinkAboutZOA 04-02 OFF STREET PARKING 2004 ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO _MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING_SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing which was continued to January 13, 2005, to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and F WHEREAS, the Planning Commission has adopted its resolution No.2302 recomm6nding$'approval of the proposed amendment; and 4 i WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 04-106," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and _.� WHEREAS, at said public hearing, upon hearing and_consiJerin j all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its approval as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of - — the-City-Council in this case. — 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, ORDINANCE NO. 1086 published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. I PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning —Commission, held on this 27' day-of—Jan u- ary, 2005, by the following vote, to wit: AYES: BENSON, FERGUSON, SPIEGEL, and CRITES NOES: NONE ABSENT: KELLY ABSTAIN: NONE BUFORD A. ES, AYOR ATTEST: 1 , RACH LE D. KLASSE. , CITY CLER City of Palm Desert, California 2 ORDINANCE NO. 1086 EXHIBIT "A" i Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a structure 2 for each 1,000 square feet of gross floor used exclusively for warehouse purposes. area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 1 employee in the largest shift, plus limited to, electric, gas, water, telephone and 1 for each vehicle used in connection with the telegraph facilities not having business offices use. A minimum of 2 spaces shall be provided on the premises. for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or structures 2 for each 3 employees, but in no event less used exclusively for storage purposes. than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and warehouses 1 for each 3,000 square feet of gross floor not used-exclusively for storage. area. 3 ORDINANCE NO. 1086 a In Categories 1 and 4 above, the City Council may, through an exceptions process, permit building area to be reduced by up to 15% of the floor area for non usable areas such I as stairways, elevators, landings, interior mechanical rooms and restrooms. 1n hyErid warehouse office buildings up to M % of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (411 ,000) office standard. Section 2: That in Category 3 the Planning Commission as part of the precise plan process may reduce the amount of required parking based on specific findings related to specific users. 1 4 -1 ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET _ PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing which was continued to January 13, 2005, to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recomm6ndingl'approval of tke proposed amendment; and =add WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 04-106," in that the Director of Community Development ha"s determined that the 1project is a Class 5 Categorical Exemption; and I WHEREAS, at said public hearing, upon hearing and consi&rin.6 all testimony and arguments, if any, of all interested persons desiring to be heard, Said City Council did find the following facts and reasons to exist to justify its approval as`desrribed below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of —the City-Co-uncil-inthis case. - 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, , ORDINANCE NO. 1086 published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. I PASSED,APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning --Commission, held on this 27'h-day of January 2006, by the following vote, fo wit: AYES: BENSON, FERGUSON, SPIEGEL, and CRITES NOES: NONE ABSENT: KELLY ABSTAIN: NONE BUFOqA. E4SAYOR ATTEST: 'I �RACH LE D. KLASSE , CITY CLER City of Palm Desert, California 2 ORDINANCE NO. 1086 lEXHIBIT "A" l ..I Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a structure 2 for each 1 ,000 square feet of gross floor used exclusively for warehouse purposes. area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. �. 3. Public utility facilities including, but not 1 for each 1 employee in the largest shift, plus limited to, electric, gas, water, telephone and 1 for each vehicle used in connection with the telegraph facilities not having business offices use. A minimum of 2 spaces shall be provided on the premises. for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or structures 2 for each 3 employees, but in no event less used exclusively for storage purposes. than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and warehouses 1 for each 3,000 square feet of_ gross floor_ _ --not used ezclusiv� for storage. area. 3 ORDINANCE NO. 1086 In Categories 1 and 4 above, the City Council may, through an exceptions process, permit building area to be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 201/o of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That in Category 3 the Planning Commission as part of the precise plan process may reduce the amount of required parking based on specific findings related to specific users. 1 . l 4 II elc. oa3 9 OF PALM DESERT�> -w 1DINANCE NO. 1088 a AN^ORDIN -•OF THE CITY GOUNCIL OF THE CITY OF PA.,.1 DESERT,CALIFORNIA,APPROV- ING AN AMENDMENT TO MUNICIPAL CODE W CHAPTER 25. D OFF STREET PARKING tD SCHEDULLEE FOR OR.MANUFACTURING PLANTS U Q CV) AND f(I USES. l CASE NO;M ZO ZOA 04-02 t t+ U CCrXyy Ll O t- N DDeserrtt CeEitSlHomia,edid own the 18th de of Novem r tl;N a PROOF OF PUBLICATION w„ich°was colnti A dutynued to January 1� 2005�to /} J W ponsidar an amendment to the Palm basert Mu- Id to (201.5.5.C.C.P) nlcipal Code,Chapter 2d:58 as described above; Ixi cc W r and C>Wp WHEREAS,tion N ;2 Commission has adopt- G U J pa] o sthepplrooppos do amen omd in9 approv- Y Q �' WHG-RP.A%Laid a pplication has aomptied With 1-CL o Pthe requirements I? "Cdy�(Pa eaen Plv, V N tc4dure.for IO�pfem Mation b(ttie Galiforilia.EEnvi+ ronmemol Gustily Act, Resolution No. 04-108,'In that the Director of Community Development has .determined that the Project is a. lkga Categod- cal Exemption; and WHEREAS, at sold public hearing, upon headnpp and tonsltlering all testimony and arguments,{i any, of all Interested persons desiringg to be heard, said Clty Council tlitl find the followin facts and reasons to exist to justify ifs approval as described below - STATE f CALIFORNIAerside 1.That ma Zonin Ortanance amend Is con- sistent with t e b ecdv» pf tit zonin rtll; ke - d 2 el the the._Door, e'aniantlme is'wn tenj_ thepdbPted O6riaralt�E�Pl,an `A .I L N b9 elnercl Mani wouid�s'an, ^ prb40.hl¢enh safety and enaml weHara ShenyMM t regu��s, 5... IN OW O AINED City: ..Gaon Ibf tM.Oljy f elm 1Mserc Cal I' ae I am a citizen of the United States and a resident of 1 end constitute the findings of the City Council In . That the above mcitauohs are true and correct the County aforesaid; I am over the age of eighteen .this case. , years,and not a party to or interested in the z.Thai ZOA 04,02 as-delineated in the attached above-entitled matter.1 am the principal clerk of a Exhibit ,'A' Is hereby ordained. printer of the,DESERT SUN PUBLISHING 3.That City Clerk of the Cay of Palm Desert,Call- COMPANY Is hereb directed to publish this ordinance COMPAi\}'a newspaper of general circulation, in the Desert Syun, a newspaper of general circa- I printed and published in the city'of Palm Springs, ration, puerilshetl and circulated In the City of Palm Desert. California, end shall be in full force County of Riverside,and which newspaper has been and e.fectiye thirty(30)days after Its adoption. adjudged a newspaper of general circulation by the PASSED,APPROVED and ADOPTED at a regular, Superior Court of the County of Riverside,State 0( meeting of the Palm Desert Planning Commission,held on this 27th day of January, 2005, by the California under the date of March 24, 1988.Case following vote,to wit: - , Number 193236;that the notice,of which the AYES: BENSON, FERGUSON, SPIEGEL, and annexed IS a printed Cop)'(set In type not Smaller COMES NOES:NONE' - than non pariel, has been published in each regular and entire issue of said newspaper and not in any ABSENT:KELLY supplement thereof on the following dates,to wit: ABSTAIN:NONE, _ ' BUFORD A:,CRITES, MAYOR February 3' ATTEST:. " --______—___ RACHELLE D. KIASSEN CITY CLERK city of Palm Desert,,Callfomla EXHIBIT 'A° All in the year 2005 Section 1: - - That Section 25.58.310 D be amended to read as 1 certify(or declare)under penalty of perjury that the follows: . foregoing is true and correct. D. Manutaebidng Barite and Modred Uses. USE Dated at Palm Springs,California this--3rd—day MINIMUM PARKING STPyILS REQUIRED of---Februa 2005 usedexxcclusivelyy forrwafM�me purposes tractors ^� 2 for e icli'1,00o square feet of ross floor area. Loading spaces they be count asas part of me reeqquired parking a a rate not to exceed 1 per 2,5000 gross square test. Signature 2.Mird warehouse/self stor�aygse. ct Spaces IN itrend t Onel parking meat be raga red hough thhe prreGas plan process Development 3.'Public utility facilities Inclutl'mg,but not limited to-ela0trid. Oes water,talepPloKe and telegraph taalli0as not avl business df0oes on the:prem- 1 for each employee in the largest shift,ptus 1 for each mirimum,vehicle 2.padesosnhealllltlproon vided foin the r each . 'such use regardless-ofS build!"`space.or`umber .of employees. L 4 Warehouses, storage buildings or structures iccluslve for--rag, u as: MEET DATE ❑ CONTINUED TO CITY OF PALM DE PASSED TO 2ND READING DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an amendment to Municipal Code Section 25.58.310 D clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. .� d • ai u SUBMITTED BY: Steve Smith, Planning Manager w 7 H N a It . en d1 q a w v VW ao APPLICANT: City of Palm Desert m w o M (Initiated by Planning Commission August 3, 2004) .0 H a rowo •.a � .. CASE NO: ZOA 04-02 " U o. H 0 q .4 u tad o H DATE: January 13, 2005 continued from November 18, 2004 a C� y d O df w m •U CONTENTS: " q "4 , 0oo •omm Staff Recommendation Background z° w �°0 Discussion Draft Ordinance No. 1086 U v I x ^ U December 9, 2004 Staff Report from Mark Greenwood w u " d CO City Council Minutes of November 18, 2004 w November 18, 2004 City Council Staff Report O a0 U '" 1-4 0 6 •O >1 0 2 $4 d7 •O N N O � p U � � d Staff Recommendation: * 0 a Pass Ordinance No. 1086 amending Municipal Code Section 25.58.310 D to second reading. Background: This matter was continued from the City Council meeting of November 18, 2004, at which time a subcommittee was appointed to discuss issues that were raised (see attached minutes). Staff Report Case No. ZOA 04-02 Page 2 January 13, 2005 The subcommittee met and directed staff as follows: 1 . That in Section 3 related to public utilities, the provision requiring "1 for each 2 employees" be changed to "1 for each employee" and that Planning Commission be authorized to reduce this requirement based on a specific showing by specific users. 2. That the provision to rescind Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be deleted. It was felt that this category could be used for "distribution" businesses such as Coke or Pepsi. 3. That the provision to allow floor area reductions of up to 15% for non- usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms in Categories 1 and 4 be deleted. Discussion: Staff has no issue with items 1 and 2 as directed by the subcommittee and those changes have been made to the draft ordinance. The provision allowing up to a 15% reduction for non-usable floor area should be discussed further. This provision is presently provided for in the O.P. zone, in the C-1 zone and in the PC Planned Commercial District. By policy, staff has used it in the Service Industrial District for many years. Businesses which have been afforded this reduction are not the problem users in the Cook Street Industrial Park and are not a problem in other zone districts. The problem users are the businesses which greatly expand their number of employees without providing additional parking and/or which have eliminated on-site parking (i.e., Time Warner) or where interior space is changed to accommodate far more employees than was shown on plans reviewed by the City (i.e., Cold Call Cowboy's telemarketing operation). In the case of Time Warner, the Council on December 9, 2004 directed Public Works staff to implement angle parking on the south side of Lennon Place, angle parking on the east side of Eclectic Avenue, and implement two-hour time-limited parking on the northwest corner of Lennon and Eclectic. Staff Report Case No. ZOA 04-02 Page 3 January 13, 2005 This should address the Time Warner problem, and federal law establishing a national "do not call list" resulted in Cold Call Cowboy needing to employ fewer staff. Parking standards have been established at a sufficiently high level to accommodate the vast majority of contemplated uses. Over time developers have provided higher amounts of non-usable space. This is a result of state mandates related to the size of handicap bathrooms and a result of developers providing more common amenities. The only space which is eliminated under this provision is "non-usable space" such as stairways, elevators, landings, interior mechanical rooms and restrooms. In the vast majority of projects which have utilized this reduction in commercial, office and industrial districts, there is not a parking problem. Staff recommends that .a provision be added to the S.I. District to allow up to 15% reduction for non-usable space. Submitted by: Department Head: r Steve Smith Phil Drell Planning Manager Director of Community Development X Approval: '�' 4111 &&W Homer Croy Carlos L. Orte ACM for Develo nt Services City Manager CITY COUNCIL ACTION: /tm APPROVED DENIED RECEIVED OTHER MEETING DATE AYES : NOES: ABSENT: ".�•®`-� (Wpdotsltmk W0442.cc) ABSTAIN: VERIFIED BY: Original On File with City Cler S off re�p ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing which was continued to January 13, 2005, to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 04-106," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its approval as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, ORDINANCE NO. 1086 published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 1086 EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a structure 2 for each 1,000 square feet of gross floor used exclusively for warehouse purposes. area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 1 employee in the largest shift, plus limited to, electric, gas, water, telephone and 1 for each vehicle used in connection with the telegraph facilities not having business offices use. A minimum of 2 spaces shall be provided on the premises. for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or structures 2 for each 3 employees, but in no event less used exclusively for storage purposes. than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and warehouses 1 for each 3,000 square feet of gross floor not used exclusively for storage. area. 3 ORDINANCE NO. 1086 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1 ,000) office standard. Section 2: That in Category 3 the Planning Commission as part of the precise plan process may reduce the amount of required parking based on specific findings related to specific users. 4 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Update to Council Directive to Investigate Parking Shortage at Lennon Place and Eclectic Street SUBMITTED BY: Mark Greenwood, P.E., City Engineer APPLICANT: Mr. C. J. Massoudi CJ's Diner 74-894 Lennon Place, Suite H-1 Palm Desert, California 92260 DATE: December 9, 2004 CONTENTS: 1. Vicinity Map 2. On-Street Parking Exhibit Recommendation By Minute Motion: 1. Direct Staff to implement angle parking on the south side of Lennon Place, angle parking on the east side of Eclectic Avenue, and implement two-hour time-limited parking on the northwest corner of Lennon and Eclectic. 2. Authorize the City Manager to award a contract for installation of angled parking stall markings to a local contractor in an amount not to exceed $5,000. a Discussion On June 10, 2004, the City Council directed staff to reevaluate the parking conditions in the Lennon Place and Eclectic Street area, at the initial request of Mr. C.J. Massoudi, owner of CJ's Diner(74894 Lennon Place). Staff worked with both Time Warner Cable and Waste Management of the Desert to resolve the parking issue. Despite these efforts, however, there appears to have been a negligible increase of available parking in the area and the concerns originally expressed by Mr. Massoudi's still remain. Staff Report- Update to Parking Shortage at Lennon Place and Eclectic Street Page 2 of 2 December 9, 2004 On October 28, 20D4, the City Council directed Staff to further evaluate the parking conditions in the Lennon Place/Eclectic Street area and formulate options to address the parking shortage. Between November 8 through November 12, Staff conducted a study of the on-street parking demand on Lennon Place and Eclectic Street. Results of the study indicate that Eclectic Street and the eastern half of Lennon Place are parked at or near capacity during the morning and noon periods and that a large majority (over 90%) of the vehicles are parked long-term. Staff has reconsidered the establishment of time-limited parking due to the high demand for long-term parking in the immediate vicinity of CJ's Diner. Establishment of time-limited parking zone on the northwest comer of Lennon Place and Eclectic Street will create spaces with a higher turnover rate thereby providing patrons of the Diner a greater opportunity to find convenient parking. Staff has also reconsidered the installation of angle parking in the area. Staff re-evaluated the on-street parking and concluded that both Lennon Place and Eclectic Street are wide enough to safely accommodate angled stalls if installed on only one side of the street. Preliminary layouts suggest that the number of on-street parking stalls can increase from 35 to 50 spaces on Lennon Place and from 33 to 47 spaces on Eclectic Street if angled parking is installed on the south and east side, respectively. (See Exhibit 1). Installation of the angled parking will increase on-street parking where the demand is high as well as compensate for the long-term spaces lost to time-limited parking on the northwest corner of Lennon Place and Eclectic Street, if implemented. Staff recommends that Council authorize the installation of angle parking on the south side of Lennon Place, installation of angle parking on the east side of Eclectic Street, and establishment of 2-hour time-limit parking on the northwest comer of Lennon Place at Eclectic Street. This work is estimated to cost $5,000 and funds are available in Striping Account No. . 110-4315-433-3320. Submitted by: Department Head: Mark Greenwood, P.E. Michael Errante, P.E. City Engineer Director of Public Works Approval: Homer Croy ACM for Development Services City Manager MG/msd G.YPuaWaftOaRReprdsMO410ecemaer MSbHRepmt-Lenin Ram Panting 2W41M..doc INUTES I ADJOURNED REGULAR NOVEM�-R 18, 2004 PALM DESERT CITY COUNCIL =TING maintenance and a percentage of gross revenues toward a capital reserve fund to be used as longterm needs arise. The City has the right to enforce these requirements, and there was a process for determining whether the I maintenance budget needs to be increased in the future. If in the future the property is at risk for significant rapid deterioration, he said the City has reserved the right to take the owner/operator to court to cause any i deficiencies to be cured. Mayor Pro Tern Crites moved to waive further reading and adopt Resolution jo.04-122, approving Tentative Tract Map No. 33195, subject to conditions, as amended v include the conditions presented at this meeting. Motion was seconded by Kelly and married by a 5-0 vote. D. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, SECTION 25.58.310 (D), CLARIFYING THE OFF- STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant). Mr. Smith reviewed the staff report and offered to answer any questions. Councilman Kelly questioned Use#3 on Page 3 of the staff report regarding one parking space per each two employees. He questioned that ratio for employees of Waste Management and Time Warner Cable and said there was no way there was one car for every two employees. He felt this was something that needed to be resolved,and he was not willing to vote in favor of something he already knew would not work. He said he would also like to see more stringent requirements rather than lowering the requirements. Councilman Ferguson asked if this would apply to new development, and Mr. Smith responded that it did so apply. Councilman Ferguson asked what would happen if a business complied with the two to one ratio and then doubled its employees. Mr. Smith responded that they would need to add more parking. Mayor Pro Tern Crites asked how the City's code would address these types of situations where the number of employees increases over the years from what the original application noted, but the City is not aware of the increases because there is no change to the building structure. Mr. Croy noted that the Building Code covers open area, and it already lays out the occupant load per square footage. No permits are required to construct a wall inside an area less than five foot nine; therefore, if cubicles are built inside a structure for extra employees after construction of the building is completed, they are not controlled by anyone. 19 MINUTES ` ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 2004 Mayor Spiegel stated that the number of employees at Time Warner had increased greatly since the time when the cable company first came in as Able Cable. In addition to employee vehicles, Time Warner had its own company vehicles. Councilman Kelly said there was another paragraph where it excludes stairways, elevators, and restrooms, and he did not feel anything should be excluded. Mayor Spiegel suggested that this matter be continued and that he and Councilman Kelly work with staff in the meantime to see what needs to be done. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered. Mayor Pro Tern Crites moved to continue this matter to the meeting of January 13, 2005,with Councilman Kelly and Mayor Spiegel appointed to work with staff on this matter in the meantime. Motion was seconded by Kelly and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED r AT LEAST 72 HOURS PRIOR TO THE MEETING. E. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.34.030 (CONDITIONAL USES), TO ADD A PROVISION FOR OUTDOOR SALES OF ARTS,. CRAFTS, CLOTHING, GOODS, WARES, AND OTHER MERCHANDISE Case No. ZOA 04-03 (City of Palm Desert, Applicant). Planning Technician Ryan Stendell reviewed the staff report and recommendation and offered to answer any questions. Upon question by Mayor Spiegel regarding how this would preclude a sidewalk sale, he said sidewalk sales were on a case by case basis, and tenants would have to come in for a temporary use permit. Each location was allowed ten such dates per year, whether they chose to use them or not was their decision. This zoning ordinance amendmentwould allow businesses like the Art Place to display their paintings and sculptures outdoors all the time. Mayor Spiegel said he felt clothing should not be allowed as an approved outdoor sale, and Councilmember Benson agreed. Mr. Stendell stated that approving this zoning ordinance amendment did not mean tenants were automatically granted approval for their outdoor sales; they would still have to file applications for conditional use permits,which-would be considered for approval by the Planning Commission. r 20 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an amendment to Municipal Code Section 25.58.310.13, clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) CASE NO: ZOA 04-02 DATE: November 18, 2004 CONTENTS: Staff Recommendation Background Planning Commission Minutes of October 19, 2004 Planning Commission Resolution Draft Ordinance I. RECOMMENDATION: Pass ordinance No. 1086 Municipal Code Section 25.58.310D, to second reading. II. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. October 19, 2004 the Planning Commission recommended approval of this amendment on a 3-0-2 vote with Commissioners Campbell and Finerty absent. 0 II. DISCUSSION: • A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.0 (copy attached) prescribes the parking requirements for "Manufacturing-Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.13 there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 3 ' STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane, Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Planning Commission recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Planning Commission recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICEIWAREHOUSE USES: A review of the August 3, 2004 Planning Commission minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The current code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and 4 7AFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 more warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. In the event that office area in a building exceeds 50% of the total floor area then all office area shall be parked at office standards. Planning Commission recommends that this policy be codified. III. CONCLUSION: Planning Commission recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. If the office use building exceeds 50% of the total floor area, entire office use will be parked at the four spaces per 1;000 square feet (4/1 ,000) office standards. IV. CEO.A REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. 5 PI ,F, V TAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Prepared by: Reviewed and Approved by: S eve Smith Phil Drell Planning Manager Director of Community Development Review pKd Concur: Review and Concur: Homer Croy Carlos Ortega ACM for Develo ment Services City Manager /dq 6 ORDINANCE NO. 1086 00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its recommendation as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish 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. s FINANCE NO. 1086 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BOB SPIEGEL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 NCE N0. 1086 EXHIBIT "A' Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 RDINANCE NO. 1086 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1 ,0001 office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an amendment to Municipal Code Section 25.58.310.D, clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert (Initiated by Planninq Commission Au ust 3, 2004) CASE NO: ZOA 04-02 YW DATE— DATE: DATE: November 18, 2004 L CONTINUED TO I I,�j " 06— ❑ PASSED TO 2ND READING CONTENTS: Staff Recommendation Background Planning Commission Minutes of October 19, 2004 Plannin8 Commission Resolution Continued to the meeting of January 13, 2005, with Councilman Draft Ordinance Kelly and Mayor Spiegel appointed to work with staff on this matter in the meantime. 5-0 I. RECOMMENDATION: Pass ordinance No. 1086 Municipal Code Section 25.58.310D, to second reading. II. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff.to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. October 19, 2004 the Planning Commission recommended approval of this amendment on a 3-0-2 vote with Commissioners Campbell and Finerty absent. II. DISCUSSION: Ordinance No. 1086 A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.D (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 ordinance No. 1086 NOVEMBER 18, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 3 STAFF REPORT CASE NO. ZOA 04-02 ordinance No. 1086 NOVEMBER 18, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Planning Commission recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Planning Commission recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 Planning Commission minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The current code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and 4 STAFF REPORT CASE NO. ZOA 04-02 Ordinance. No. 1086 NOVEMBER 18, 2004 more warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1 ,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. In the event that office area in a building exceeds 50% of the total floor area then all office area shall be parked at office standards. Planning Commission recommends that this policy be codified. III. CONCLUSION: Planning Commission recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. If the office use building exceeds 50% of the total floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standards. IV. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. 5 STAFF REPORT CASE NO. ZOA 04-02 ordinance No. 1086 NOVEMBER 18, 2004 Prepared by: Reviewed and Approved by: SSreve Smith Phil Drell Planning Manager Director of Community Development Review d Concur: Review and Concur: Homer Croy Carlos Ortega ACM for Develol6ment Services City Manager /dq 6 ORDINANCE NO. im AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, . APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its recommendation as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish 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. ORDINANCE NO. 1086 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BOB SPIEGEL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 1086 EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 ORDINANCE NO. 1086 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 19, 2004 CASE NO: ZOA 04-02 REQUEST: Amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) 1. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. II. DISCUSSION: A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.1) (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: A 5 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 2 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Staff recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Staff recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The code. provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and mote 3 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the Warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1 ,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. Staff recommends that this policy be codified. Ill. CONCLUSION: Staff recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. IV. RECOMMENDATION: A. Approval of the findings and adoption of Planning Commission Resolution No. , recommending to City Council approval of Case No. ZOA 04-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice 4 PLANNING COMMISSION RESOLUTION NO. 2302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A." PLANNING COMMISSION RESOLUTION NO. 2302 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: CAMPBELL, FINERTY ABSTAIN: NONE SA BB JONA HAN, Chairperson ATTEST: 4-A O PHILIP DRELL, ecretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2302 EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 PLANNING COMMISSION RESOLUTION NO. 2302 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 25.5g_310 nmvn�tln►I PARKING STALLS MINIM USE REQINRED USE PARKING STALLS REQUIRED Bowling alleys and 2 for each alley, two for Dental clinics or offices 6 for each 1,000 square fat billiard halls each billiard table contained and medical clinics or of therein offices fnou floor area. Based upon submittal of a tenant Commercial stables Sufficient area, treated to improvement Hour plan' S prevent dos%mprovide for planning commission may the creeds of customers and grant up to a 15%parking reduction. employees but not less dean. s edItems to be con - employees granting such one assessable space for reduction to shall be: each five horses Fspt on the 1.Elevators,stairways and premises landings; Driving ran 1 1 Z. Interiorutilityfaalities; f` g ranges (golf) pa tee plus the spaces 3 Restroom arras; required for additional uses 4.Nonleasable common on the site areas. ® Golf courses(regulation 5 per bole plus the spaces Health studios and spas I for each L50 square feet `` Course) required for additional uses I , on the site of gross flcorarea(For the purpose of this subsection, f Pitch and putt 3 Per bole, plus require- be ng pool nor area am shall ments for accessory uses ) S Hospitals 1 3/4 for each patient bed Skating rents. ice or tulle 1 for each 100 square feet C of gross floor arcs,plus the 'Veterinary hospitals, and 1 for each 300 square feet 4 spaces required for addi- beds of gross floor area tional uses on the site C D. Manufacturing Plants rM Swimming pool (com- I for each 500 square feet and Kindred Uses. mercial) of pool area,plus the spat- es required for additional Industrial uses of all types 2 for each 1,000 uptare feet r uses on the site except a structure used of gross floor area Loading exclusively for warehouse spaces may be counted as Tennis facility (cow- 3 for each court plus the purposes of the inertial spaces required addi- tional part of uired fat a rate not to exceed I uses on the site per 2.500 gross square feet eC.Health Uses. Mini warehouse/self 6 spaces per complex plus � Convalescent a nursing I for every 4 beds it acoor_ storage 2 spaces for any caretaker homes, homes for aged, dance with the resident cap- unit additional parting may ( 1 rest homes, children's &city of the home as listed be required by the director I homes and sanitariums on the required [icertse or of community development on themit through the precise plan process. II II II Ic 429 (P+1M boor ua�t I v ,� 25sa.310 l / I M[NIIl4[JM I PARKING STALLS PARMDWKIKING MALLS USE REQUIRED USE REQUU EU Public utility facilities 1 for each 2 employees in Private clubs,lodge hafts, 1 for each 75 square feet including. but not limited the largest shift plus 1 for union headquarters of gross floor area In electric,gas, water, each vehicle used in con- telephone and telegraph nection with the um A Restaurants, (takeout res- 10 minimum and 10 for facilities not having minimum of 2 spaces shall tamants)and other eating each 1,000 square feet of business offices on the be provided for each such establishments including gross floor area for restata- premises use regardless of building lounges for the consump- ants up to 3,000 square feet space or number of em- tion of food and beverages and 15 spaces for each ployees 1,000 square feet of gross f W floor area in excess of Warehouses,storage build 2 for each 3 employees but 3,000 square feet of gross ing5 of structures used in oo event less than 1 for floor area exclusively for storage each one thousand square purposes feet of gross floor area for F_ Other Uses_ the fast twenty thousand square feet; I for each two Day nurseries, including 2 for each 3 employees and thousand square feet;1 for preschooh and nursery teachers plus 1 loading each two thousand square schools space for each.8 children feet of gross.floor area for the second twenty thousand G. When a fractional figure is found as a remainder square feet,I for each four in cvmpulabons made to detamioe the number of required thousand square feu of off-street parking spaces or garages the fraction shall be gross floor area for areas construed as the next larger whole number. in excess of the initial forty IL Parking area shall be computed by adding the areas thousand square fat of used for access drives, aisles, stans, maneuvering, and floor area of the building. landscaping within that portion of the premises that is devOted to vehicular parking.(Ord.903 Exhibit A, I M Wholesale establishments I for each 3,000 square fat Ord.883Exhibit A,1998;Ord 335(pan),1983;Ord.314 and warehouses not used of gross floor area (part).1982;Ord 264§4,1981;Ord.213§ 1'(part), 1979; exclusively for storage Ord_ 128 §§7 (pan), 10, 1976;Ord 98 § 1 (part), 1975= Exhibit A §25.33-7) E.Places of Assembly. 255&311 Conditional use permit required. Auditoriums, theaters, 1 for each 3 seats or 1 for A. All uses within the C-1 zone requiring a greater sports arenas, stadiums each 35.square feet of gross than one space per two hundrod fifty square feet parking floor area where there are, stall to floor area ratio shall be required to acquire a cDndi- no feed seats tional use permit as set forth in Chapter 25.72 of this title. B. As part of said conditional use permit the commis- — Churches and other place I for each 3 fixed seats Sion may modify the parking requirements for said use. of assembly not specified within the main auditorium In modifying such requirements the commission shall above or for every 35 square feet consider: of seating area within the I. The parking demand ge neated by said use in relation main auditorium where to other uses in the area; there are no fixed seats;I 2. The hours of operation of said use in relation to . linear inches of bench shall the hours of operation of other uses in the area; be considered a fixed seat 3. The relationship of the type of use to other uses d in the area; . Libraries 1 for each 500 square fat 4. Any other factor the commission might deem of gross floor area necessary in making its decision- (Ord. 264 § 5, 1981) • (Arm Darn M M 430 ' SUBJECT Tr REVISION MINUTES A PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 Commissioner Lopez moved for approval and Commissioner Tschopp seconded. Chairperson Jonathan asked for confirmation that the motion and second incorporated the added condition of approval, Condition No. 10. Commissioners Lopez and Tschopp concurred. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2301, recommending to City Council approval of TT 31071, subject to conditions as amended. Motion carried 3-0. H. Case No. ZOA 04-02 - CITY OF PALM DESERT, Applicant 41111111141""' Request for a recommendation to City Council to approve a zoning ordinance amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. Mr. Smith reviewed the salient points of the staff report and recommended that the Planning Commission recommend approval of the zoning ordinance amendment to the City Council. Looking at the verbiage to make sure it was very clear what the intent was, Commissioner Tschopp noted that the office space above the 20% threshold would be parked at the office parking standards, which is just the amount that is above the 20%, period. Mr. Smith agreed. They get the 20% and after that they would provide parking at 4/1,000. Commissioner Tschopp asked if he was the only one who thought it could still be confusing in the future. Mr. Drell thought they could say anything in excess of the 20% threshold could be parked at office standard. Chairperson Jonathan summarized that office space in excess of the 20% threshold shall be parked at the office standard. Mr. Smith pointed out that they were just changing the word above to in excess of. Chairperson 22 SUBJE MINUTES ,,� g yrAFTM REVIS ON�f PALM DESERT PLANNING COMMISSION OCTOBER 19 2004 Jonathan asked if it clarified it in Commissioner Tschopp's mind. He concurred. Given what they have done in the past, Commissioner Tschopp asked if the 20% parking and the way they have been doing it, if staff could see many instances where this new code would not work. Mr. Smith said no, this has been staffs observation and they noted it with respect to mini warehouses. They brought in that code amendment about three years ago and they have been observing the recent mini storage facilities and with just the six or eight spaces, depending on if they have a manager's unit, it is more than adequate. They had a similar experience with warehouses and the offices as an ancillary use. It seemed to be working well. Mr. Drell stated that every industrial operation has an office component. Every warehouse has a place with someone physically there at a desk, answering the phone. That is really why they have steered everyone toward the 2/1,000 standard which presumed some office use, as opposed to the other standards at 1/1,000. Mr. Smith said up to 20,000. Mr. Drell said that the problems that occurred in the County were because people built to the 1/1,000 and then put in the offices. That is why they have convinced people, and most put in above the 2/1,000 in anticipation of more offices. The 2/1,000 assumed some office and they just never quantified it. Now they were quantifying it. Chairperson Jonathan noted that in the past once office use exceeded 20% they applied the 4/1,000 to the entire office use. Mr. Smith said that is the way they started out. Chairperson Jonathan said that was their other option. The reason he had kind of been pushing this is because he thought there would be a proliferation of the office/warehouse in the north sphere such as they were seeing now along Dinah Shore, Gateway Industrial Park and all those other projects. So he thought they would be seeing a lot of those applications like in parts of Cook Street where the office is maybe 20%, sometimes 30%, and then a warehouse in the back. If they were looking at a 10,000 square foot building that has a 2,000 square foot office, they would end up with 20 parking spaces, maybe less the 15%, so maybe 17 parking spaces. Under normal circumstances, that would probably be enough. His concern was if they have kind of a hybrid situation and they end up with 40% office or 60% office, then to give them 20% of that at 2/1,000 because there are those hybrids where half is office and half is storage or display, so he 23 ' AFT. ' A FT suBjEcT Tr MINUTES REVISION PALM DESERT PLANNING COMMISSION OCTOBER 19. 2004 didn't have an answer. His objective was to at least get this straight so they know what they're doing and what they are telling applicants. Commissioner Tschopp said that was kind of where he was heading. He was wondering if there was a cap. Once they hit a certain percentage of office space, they are no longer a warehouse. Because he understood that the standard warehouse has to have some office, but they are talking about a very small portion of the zoning. Once it exceeds that portion, it becomes more of an office. He was thinking there should be a cap and if they exceed X percentage of the building in offices, the 20% goes away and they need to park for an office complex. Mr. Drell asked if they had a multi-tenant building and they have four spaces and three of them are pure offices and one of them is a warehouse with a small office, the way it is worded, the 20% has to be associated with the warehouse. Mr. Smith concurred. Mr. Drell said that in the situation he just described, regardless of what is left those pure offices are going to be parked as offices. So they would look at them space by space of how the project is designed, but offices that aren't associated with a warehouse, whether they are 20% or not, they would require the 4/1,000. Chairperson Jonathan didn't think that addressed the potential problem that he thought Mr. Drell was describing. If they have a building design that is 50% office, the front is office and the back is warehouse, then he thought the possibility would be that at that point essentially they would view the entire 50% of office at 4/1,000 and the warehouse would be at 211,000. Mr. Drell asked why we would do that. Chairperson Jonathan said what happens is there are a lot of cars in that situation and it becomes more of an office situation. The 20% didn't get a free ride at the 2/1,000 at that point, because it is more of an office use. Mr. Drell noted that the 2/1,000 was really based on 1/1,000 for the warehouse and 411,000 for a little bit of office, so they amalgamated that together to 2/1,000. In his scenario what would make sense was to have 4/1,000 for the pure office and 1/1,000 for whatever warehouse was left. Chairperson Jonathan disagreed. Mr. Drell said that the 2/1,000 presumes some office. Chairperson Jonathan recalled when they went to 6/1,000 for medical use. Mr. Drell said that was a use decision. Chairperson Jonathan agreed and pointed out that it was because our experience as a city was that 5/1,000 wasn't enough for medical use. He thought their experience collectively as a city is that in an office/warehouse situation, now that they've seen so many of them, they understood that 24 SUBJECT Tf MINUTES DiZAFTM REVISION PALM DESERT PLANNING COMMISSION OCTOBER 19, 2004 1/1,000 for the warehouse portion is insufficient. In general, that type of service industrial/office warehouse situation deserves 2/1,000, except where the office is beyond incidental and becomes an integral part. The suggestion there is perhaps, if he was hearing Commissioner Tschopp correctly, is that they don't give a free ride on the 20% once it exceeds a certain threshold. Commissioner Tschopp agreed, once it becomes more of an office building than a warehouse-type industrial use. If they weren't seeing a problem with that, they didn't need to address it, but he asked at what point the building became more of an office than it does a warehouse. Mr. Drell said that obviously if the whole use was office, it's an office. Chairperson Jonathan asked if it was 80% office and 20% warehouse, did the first 20% of office go in at 2/1,000. That wouldn't make sense. Mr. Drell said that when the 20% is the same size as the warehouse. In reality, for that associated use it is really 50-50 at that point. If they wanted, they could put an addition on it to say when total office use exceeds 50%, then all of it would be counted as an office. Chairperson Jonathan said he agreed with that. Mr. Smith indicated that for a 10,000 square foot building they were talking about four parking spaces. Mr. Drell asked if that was the difference between the 20% free ride and all of it. Mr. Smith concurred. Mr. Drell said it wasn't a big deal. Chairperson Jonathan said they should just add it then. Sometimes those four spaces make all the difference. Mr. Smith said that if they wanted to put a cap on it, they just had to give staff a number. Chairperson Jonathan noted they could leave it the way it is, or they could say up to 20% is strictly 2/1,000 for the entire building. If they go over 20%, then the excess over 20% is subject to the 4/1,000. But in the event that office use exceeds 50%, then the entire office must be parked at the office standard of 4/1,000. They could do that orjust disregard it. Mr. Drell said that to a certain degree it depends on how the building is divided. Commissioner Tschopp said that the more it is divided up, the more cars they could have potentially parking there because there are more office workers per part as a whole. He thought it was a good idea and it still didn't preclude looking at them on a case by case basis. Commissioner Lopez said he could see the merit of having a cap and was trying to see it from the other side. He didn't see where it would hurt to establish a cap. He asked if it would limit the ability of someone to develop 25 SUBJECT MINUTES � ® FT m REV SIONTt PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 product or a project that would work. Once they got past 50%, they were right. It became office space with a lot of storage at that point. Chairperson Jonathan said that Mr. Smith was right; at that point all they were telling them to do was put in another four parking spaces. Mr. Smith noted that was on a typical 10,000 square foot building. Chairperson Jonathan concurred. The difference was just with the 20% base and goes from two to four. He was comfortable with that and it was a recommendation for Council to consider. But he could see Commissioner Tschopp's point. Once they exceed a certain level it is more of an office building that happens to have a warehouse. Commissioner Tschopp agreed with staff. Parking is based on use on a property, not the zoning. If it is 50% office, then it needed to be parked as office. Chairperson Jonathan asked for clarification on the 15% reduction. He asked if that was to the office portion. If they were going to have hallways, bathrooms and closets, etc., it was therefore the office portion. Mr. Drell concurred. Chairperson Jonathan said that one of the things they want to think about is what the actual reduction is to the parking spaces. Is it to the 20% portion so they are only reducing at the 2/1,000 or if it was the excess and at 4/1,000. He wasn't sure they needed to get into that with the ordinance, but that would come up in the design. Someone will say if they get a 15% reduction, how does that translate into reduction in parking. Mr. Smith thought they would do it to a ratio of how much is in each part of the building. Chairperson Jonathan concurred. He summarized that the suggestion is to add a little bit of language that says that in the event the office use exceeds 50% of the total building area, then the entire office space shall be parked at the office standard. With that addition, he asked if there was a motion. It was noted by staff that the public hearing needed to be opened and public testimony requested. Chairperson Jonathan opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed amendment. There was no one and the public hearing was closed. 26 SUBJECT T( MINUTES � AFT REVISION PALM DESERT PLANNING COMMISSION OCTOBER 19 2004 Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez,seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2302, recommending to the City Council approval of Case No. ZOA 04-02 as amended. Motion carried 3-0. Chairperson Jonathan thanked staff for getting this clarified. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None. B. LANDSCAPE COMMITTEE None. C. PROJECT AREA 4 COMMITTEE None. XI. COMMENTS Commissioner Lopez noted that the November 16 agenda was going to be quite full. Mr. Smith said yes, it would reflect the fact that wasn't a meeting on the 2nd. Chairperson Jonathan asked if there was any interest or reason to have a first meeting in November, but not on Tuesday night. Staff noted that it would be too late to run any noticed public hearings. It had to be in the paper yesterday. And the continued items couldn't be heard because they were continued to a date specific on the 16th. 27 MINUTES \ PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Mr. Drell reported that staff believed this project was ready for the Commission's consideration, but the applicant is requesting another continuance. Mr. Drell noted that the Commission has the option of commenting on the case. Chairperson Jonathan opened the public hearing, and noting that no one requested to address the Commission regarding this matter, asked the Commission for comments. Commissioner Finerty noted that Page 2 of the staff report references the proposed drive-thru, and asked if this project will be coming back to the Commission after the Architectural Review Committee has reviewed it, particularly the landscape plan, as she was concerned about proper screening of the drive-thru. Mr. Drell confirmed that the project will come back to the Commission for review. Commissioner Campbell asked about the reason for the applicant=s request for a continuance, to which Mr. Drell replied that it was for some business- related reason which was not made clear to him. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to continue the case to September 7, 2004. Motion carried 5-0. O B. Case No. PP 03-23 - GLASSTONE, INC., Applicant Request for approval of a precise plan of design p� 'r to allow the construction of a 21,262 square foot office/industrial building located at 74-794 42nd Avenue. Mr. Bagato reviewed the salient points of the staff report. Commissioner Tschopp noted that there appears to be storage of materials in the back, and asked if those materials are actually stored on the subject property. Mr. Bagato explained that the stone materials are actually stored on the property behind the subject parcel, and both parcels are owned by the applicant, who intends to store the stone inside the building after it is constructed. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Commissioner Campbell asked if the drawings reflect the change in stone work on the face of the building that was recommenced by the Architectural Review Commission (ARC) and asked why the changes were proposed. Mr. Bagato noted that this project went to ARC several times and there were many changes. The original proposal include stone covering the entire elevation all the way up to the top, and the ARC didn=t agree with that. One change which has not been reflected on the drawings is that the stone will wrap around the bottom portion of the street side of the parking lot, and the applicant has agreed to do so. Chairperson Jonathan noted that staff1s analysis of the parking requirement is 42 spaces, but it is his understanding that any warehouse building which has office space in excess of 20% of the total building must have parking calculated at four spaces per 1,000 square feet for the office and two spaces per 1,000 square feet for the warehouse space, and based on the latter calculation, the parking requirement would be 63 spaces. Mr. Bagato clarified that the first 20% of office can be calculated at the warehouse rate, while the remaining office space was calculated at the office rate. Chairperson Jonathan believed the calculation used by staff was inconsistent with the methodology that the Commission has been advised is in place. Mr. Drell indicated that in years past, the parking calculation was done in the manner referenced by Chairperson Jonathan, and boh staff and the Commission found that calculation resulted in more parking than is actually needed. Therefore, in more recent years staff has been consistently calculating in the manner that was used by Mr. Bagato. Chairperson Jonathan suggested that a more formal policy be adopted regarding the parking calculation of a blended building, i.e., an office/warehouse where the office space exceeds 20% of the total square footage. Mr. Drell suggested that the Commission may wish to direct staff to initiate a zoning ordinance amendment to clarify the parking standard as it relates to these hybrid buildings. There being no further questions, Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. DANA KELSTROW, 74-780 42No Avenue in Palm Desert, stated he is half-owner of the building, along with his partner, who owns 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Glasstone, and clarified that Glasstone will use 80% of the building, with the remainder of the building to be used by tenants. He stated that the building will be a beautiful addition to the area. Chairperson Jonathan closed the public hearing and asked the Commission for comments. Commissioner Campbell complimented the building architecture. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerly, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2283, approving PP 03-23, subject to conditions. Motion carried 5-0. Commissioner Campbell moved, seconded by Commissioner Tschopp, to direct staff to initiate a zoning ordinance amendment with regard to clarification of parking requirements for a mixed use office/warehouse building under the Service Industrial zoning district. Motion carried 5-0. C. Case No. CUP 04-13 -THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, Applicant Request for approval of a conditional use permit for a master plan for the Sacred Heart Church and School which involves demolition of nine existing residential duplex units, clubhouse and swimming pool, construction of 6,668 square feet of additional classroom space, construction of new lunch shade structures, a new 86-space parking lot with access from Deep Canyon, relocation of a playground, construction of a 17,590 square foot parish hall including a gymnasium, stage, food preparation area, restrooms and storage area, modification of an existing parking lot/playground into a plaza area . and reduced/reconfigured parking lot, demolition of an existing single family home fronting on 5 CIIY flE PfllM 0ES � fli 73-510 FRED WARING DRIVE 1 PALM DESERT,CALIFORNIA 9:26o-2578 TEL: 760 346-a6iI FAX: 76o 341-7098 in/oP p.lm-denu my CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 04-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the street parking schedule,Municipal Code Section 25.58.310.1) Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 p.m. in the Council Chamberatthe Palm Desert Civic Center,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions 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 Planning Commission at,or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October 4, 2004 Palm Desert Planning Commission CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT G/ STAFF REPORT REQUEST: Consideration of an amendment to Municipal Code Section 25.58.310.D, .clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004Y CASE NO: ZOA 04-02 DATE: November 18, 2004 CONTENTS: Staff Recommendation Background Planning Commission Minutes of October 19, 2004 Planning Commission Resolution Draft Ordinance I. RECOMMENDATION: Pass ordinance No. Municipal Code Section 25.58.31 OD, to second reading. II. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings: At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. October 1.9, 2004 the Planning Commission recommended approval of this amendment on a 3-0-2 vote with Commissioners Campbell and Finerty absent. I ♦ J 11. DISCUSSION: A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.D (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 3 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Planning Commission recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Planning Commission recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 Planning Commission minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The current code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and 4 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 more warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1 ,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. In the event that office area in a building exceeds 50% of the total floor area then all office area shall be parked at office standards. Planning Commission recommends that this policy be codified. III. CONCLUSION: Planning Commission recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: 1A Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. /B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. If the office use building exceeds 50% of the total floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standards. IV. CEQA REVIEW: The proposed amendment is'a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. 5 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Prepared by: Reviewed and Approved by: S eve Smith Phil Drell Planning Manager Director of Community Development Review d Concur: Review and Concur: Homer Croy Carlos Ortega ACM for Develo ment Services City Manager /dq 6 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its recommendation as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish 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. ORDINANCE NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BOB SPIEGEL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 ORDINANCE NO. In Category 1 and 4 above, building area may be reduced by up to 1 5% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. dJ/y69 a L) r boo 2x2 '- y 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an amendment to Municipal Code Section 25.58.310 D clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) CASE NO: ZOA 04-02 DATE: January 13, 2005 continued from November 18, 2004 CONTENTS: Staff Recommendation Background Discussion Draft Ordinance No. December 9, 2004 Staff Report from Mark Greenwood City Council Minutes of November 18, 2004 November 18, 2004 City Council Staff Report Staff Recommendation: Pass Ordinance No. amending Municipal Code Section 25.58.310 D to second reading. Background: This matter was continued from the City Council meeting of November 18, 2004, at which time a subcommittee was appointed to discuss issues that were raised (see attached minutes). Staff Report Case No. ZOA 04-02 Page 2 January 13, 2005 The subcommittee met and directed staff as follows: 1 . That in Section 3 related to public utilities, the provision requiring "1 for each 2 employees" be changed to "1 for each employee" and that Planning Commission be authorized to reduce this requirement based on a specific showing by specific users. 2. That the provision to rescind Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be deleted. It was felt that this category could be used for "distribution". businesses such as Coke or Pepsi. 3. That the provision to allow floor area reductions of up to 15% for non- usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms in Categories 1 and 4 be deleted. Discussion: Staff has no issue with items 1 and 2 as directed by the subcommittee and those changes have been made to the draft ordinance. The provision allowing up to a 15% reduction for non-usable floor area should be discussed further: This provision is presently provided for in the O.P. zone, in the C-1 zone and in the PC Planned Commercial District. By policy, staff has, used it in the Service Industrial District for many years. Businesses which have been afforded this reduction are not the problem users in the Cook Street Industrial Park and are not a problem in other zone districts. The problem users are the businesses which greatly expand their number of employees without providing additional parking and/or which have eliminated on-site parking (i.e., Time Warner) or where interior space is changed to accommodate far more employees than was shown on plans reviewed by the City (i.e., Cold Call Cowboy's telemarketing operation). In the case of Time Warner, the Council on December 9, 2004 directed Public Works staff to implement angle parking on the south,side of Lennon Place, angle—parking. on the east side of Eclectic Avenue, and implement two-hour time-limited parking on the northwest corner of Lennon and Eclectic. Staff Report Case No. ZOA 04-02 Page 3 January 13, 2005 This should address the Time Warner problem, and federal law establishing a national "do not call list" resulted in Cold Call Cowboy needing to employ fewer staff. Parking standards have been established at a sufficiently high level to accommodate the vast majority of contemplated uses. Over time developers have provided higher amounts of non-usable space. This is a result of state .mandates related to the size of handicap bathrooms and a result of developers providing more common amenities: The only space which is eliminated under -this provision is "non-usable space" such as stairways, elevators, landings, interior mechanical rooms and restrooms. In the vast majority of projects which have utilized this reduction in commercial, office and industrial-districts, there is not a parking problem. -Staff recommends that a provision be added to the S.I. District to allow up to 1 5% reduction for non-usable space. Submitted by: Department Head: c Steve Smith Phil Drell Planning Manager Director of Community Development Z Approval: Homer Croy Carlos L. Ortega ACM for Develo nt Services City Manager /tm (WpdacsUmis oa04-02.cc) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing which was continued to January 13, 2005, to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 04-106," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its approval as described below: 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 ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of-.the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, ORDINANCE NO. published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BUFORD A. CRITES, Mayor ATTEST: RACHELLE KLASSEN,, City Clerk City of Palm Desert, California 2 ORDINANCE NO. EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a structure 2 for each 1,000 square feet of gross floor used exclusively for warehouse purposes. area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 1 employee in the largest shift, plus limited to, electric, gas, water, telephone and 1 for each vehicle used in connection with the telegraph facilities not having business offices use. A minimum of 2 spaces shall be provided on the premises. for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or structures 2 for each 3 employees, but in no event less used exclusively for storage purposes. than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and warehouses 1 for each 3,000 square feet of gross floor not used exclusively for storage. area. 3 C ORDINANCE NO. cG �J ! �-tego y ' afid ^. c59•. 'ld' -seduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That in Category 3 the Planning Commission as part of the precise plan process may reduce the amount of required parking based on specific findings related to specific users. III YVl V� l�j4 e/- l k'7 (. gD 4 Y I BANNING COMMISSION RESOLUTION NO. 2302 I EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of.gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. r 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number,of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 t � PLANNING COMMISSION RESOLUTION NO. 2302 In Category a d 4 ab e, builds g area may be reduced by up to 15% of the floor area for no > a e area s h as stairways, levate ings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be re`� d¢d,� 4 I pl ANNING COMMISSION RESOLUTION NO. 2302 I i EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: 1 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of.gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number,of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 F PLANNING COMMISSION RESOLUTION NO. 2302 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 RECEIVED CITY CLERK'S OFFICE PA�jLMt`/DESEARHT.QCA6 PROOF OF PUBLICATION This i space Poor County clerk's i ing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen .----- - years,and not a party to or interested in the No.9793 above entitled matter.1 am the principal clerk of a CITY OF PALM DESERT P P LEGAL NOTICE printer of the,DESERT SUN PUBLISHING CASE No. zOA 04-02 COMPANY a newspaper of general circulation, NOTICE IS HEREBY GIVEN that a public hearing printed and published in the city of Palm Springs, + will be held before the Palm Desert Planning Commission to consider �nicinal CotletSectioo he County of Riverside,and which newspaper has been street pparking schedule, P 25.58.31o.D Manufacturing Plants and Kindred adjudged a newspaper of general circulation by the uses. Superior Court of the County of Riverside,State of SAID public hearing will be held on Tuesdayy.Oc- California under the date of March 24 1988.Case tober 19,2004.at 6:o0 p.m;in the Council Cham- e be,at the Palm Desert Civic Center, 73-5510 Fred hich Number 191236;that the notice,of which the Waring Dnve. Palm Oesert. California, time and place all interested persons are invited annexed is a printed copy(set in type not smaller to attend and be heard. Written comments con- ' earning ail Items covered by this public hearing than non panel,has been published in each regular notice shall be accepted up to the date of the hearing. Information concerning the prop osed and entire issue of said newspaper and not in any - pro)ect and/or negative declaration is available for supplement thereof on the following dates,to wit: rev in the Department of Community Develop- ment at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. try If you challenge the proposed actions in court. October 4 oil ma be limited to raising only those Issues you or someone else raised agt the public heanng described in this notka, or in written comes pon- tlence delivered to the Planning Commission at, or prior to, the public hearing. PHILIPPlanning DRELL, Secretary All in the year 2004 Palm Desert Planning commission L,PUB:.October 4, 2004 - I certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs,California this-25"i day of—�October ,2004 Signature RECEIVED I,_ 1 0 4 2004 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 Commissioner Lopez moved for approval and Commissioner Tschopp seconded. Chairperson Jonathan asked for confirmation that the motion and second incorporated the added condition of approval, Condition No. 10. Commissioners Lopez and Tschopp concurred. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2301, recommending to City Council approval of TT 31071, subject to conditions as amended. Motion carried 3-0. H. Case No. ZOA 04-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to City Council to approve a zoning ordinance amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. Mr. Smith reviewed the salient points of the staff report and recommended that the Planning Commission recommend approval of the zoning ordinance amendment to the City Council. Looking at the verbiage to make sure it was very clear what the intent was, Commissioner Tschopp noted that the office space above the 20% threshold would be parked at the office parking standards, which is just the amount that is above the 20%, period. Mr. Smith agreed. They get the 20% and after that they would provide parking at 4/1,000. Commissioner Tschopp asked if he was the only one who thought it could still be confusing in the future. Mr. Drell thought they could say anything in excess of the 20% threshold could be parked at office standard. Chairperson Jonathan summarized that office space in excess of the 20% threshold shall be parked at the office standard. Mr. Smith pointed out that they were just changing the word above to in excess of. Chairperson 22 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19. 2004 Jonathan asked if it clarified it in Commissioner Tschopp's mind. He concurred. Given what they have done in the past, Commissioner Tschopp asked if the 20% parking and the way they have been doing it, if staff could see many instances where this new code would not work. Mr. Smith said no, this has been staffs observation and they noted it with respect to mini warehouses. They brought in that code amendment about three years ago and they have been observing the recent mini storage facilities and with just the six or eight spaces, depending on if they have a manager's unit, it is more than adequate. They had a similar experience with warehouses and the offices as an ancillary use. It seemed to be working well. Mr. Drell stated that every industrial operation has an office component. Every warehouse has a place with someone physically there at a desk, answering the phone. That is really why they have steered everyone toward the 2/1,000 standard which presumed some office use, as opposed to the other standards at 1/1,000. Mr. Smith said up to 20,000. Mr. Drell said that the problems that occurred in the County were because people built to the 1/1,000 and then put in the offices. That is why they have convinced people, and most put in above the 2/1,000 in anticipation of more offices. The 2/1 ,000 assumed some office and they just never quantified it. Now they were quantifying it. Chairperson Jonathan noted that in the past once office use exceeded 20% they applied the 4/1,000 to the entire office use. Mr. Smith said that is the way they started out. Chairperson Jonathan said that was their other option. The reason he had kind of been pushing this is because he thought there would be a proliferation of the office/warehouse in the north sphere such as they were seeing now along Dinah Shore, Gateway Industrial Park and all those other projects. So he thought they would be seeing a lot of those applications like in parts of Cook Street where the office is maybe 20%, sometimes 30%, and then a warehouse in the back. If they were looking at a 10,000 square foot building that has a 2,000 square foot office, they would end up with 20 parking spaces, maybe less the 15%, so maybe 17 parking spaces. Under normal circumstances, that would probably be enough. His concern was if they have kind of a hybrid situation and they end up with 40% office or 60% office, then to give them 20% of that at 211,000 because there are those hybrids where half is office and half is storage or display, so he 23 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 didn't have an answer. His objective was to at least get this straight so they know what they're doing and what they are telling applicants. Commissioner Tschopp said that was kind of where he was heading. He was wondering if there was a cap. Once they hit a certain percentage of office space, they are no longer a warehouse. Because he understood that the standard warehouse has to have some office, but they are talking about a very small portion of the zoning. Once it exceeds that portion, it becomes more of an office. He was thinking there should be a cap and if they exceed X percentage of the building in offices, the 20% goes away and they need to park for an office complex. Mr. Drell asked if they had a multi-tenant building and they have four spaces and three of them are pure offices and one of them is a warehouse with a small office, the way it is worded, the 20% has to be associated with the warehouse. Mr. Smith concurred. Mr. Drell said that in the situation he just described, regardless of what is left those pure offices are going to be parked as offices. So they would look at them space by space of how the project is designed, but offices that aren't associated with a warehouse, whether they are 20% or not, they would require the 4/1,000. Chairperson Jonathan didn't think that addressed the potential problem that he thought Mr. Drell was describing. If they have a building design that is 50% office, the front is office and the back is warehouse, then he thought the possibility would be that at that point essentially they would view the entire, 50% of office at 4/1,000 and the warehouse would be at 2/1,000. Mr. Drell asked why we would do that. Chairperson Jonathan said what happens is there are a lot of cars in that situation and it becomes more of an office situation. The 20% didn't get a free ride at the 2/1,000 at that point, because it is more of an office use. Mr. Drell noted that the 2/1,000 was really based on 1/1,000 for the warehouse and 411,000 for a little bit of office, so they amalgamated that together to 2/1,000. In his scenario what would make sense was to have 4/1,000 for the pure office and 1/1,000 for whatever warehouse was left. Chairperson Jonathan disagreed. Mr. Drell said that the 2/1,000 presumes some office. Chairperson Jonathan recalled when they went to 6/1,000 for medical use. Mr. Drell said that was a use decision. Chairperson Jonathan agreed and pointed out that it was because our experience as a city was that 5/1,000 wasn't enough for medical use. He thought their experience collectively as a city is that in an office/warehouse situation, now that they've seen so many of them, they understood that 24 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 1/1,000 for the warehouse portion is insufficient. In general, that type of service industrial/office warehouse situation deserves 2/1,000, except where the office is beyond incidental and becomes an integral part. The suggestion there is perhaps, if he was hearing Commissioner Tschopp correctly, is that they don't give a free ride on the 20% once it exceeds a certain threshold. Commissioner Tschopp agreed, once it becomes more of an office building than a warehouse-type industrial use. If they weren't seeing a problem with that, they didn't need to address it, but he asked at what point the building became more of an office than it does a warehouse. Mr. Drell said that obviously if the whole use was office, it's an office. Chairperson Jonathan asked if it was 80% office and 20% warehouse, did the first 20% of office go in at 2/1,000. That wouldn't make sense. Mr. Drell said that when the 20% is the same size as the warehouse. In reality, for that associated use it is really 50-50 at that point. If they wanted, they could put an addition on it to say when total office use exceeds 50%, then all of it would be counted as an office. Chairperson Jonathan said he agreed with that. Mr. Smith indicated that for a 10,000 square foot building they were talking about four parking spaces. Mr. Drell asked if that was the difference between the 20% free ride and all of it. Mr. Smith concurred. Mr. Drell said it wasn't a big deal. Chairperson Jonathan said they should just add it then. Sometimes those four spaces make all the difference. Mr. Smith said that if they wanted to put a cap on it, they just had to give staff a number. Chairperson Jonathan noted they could leave it the way it is, or they could say up to 20% is strictly 2/1,000 for the entire building. If they go over 20%, then the excess over 20% is subject to the 4/1,000. But in the event that office use exceeds 50%, then the entire office must be parked at the office standard of 4/1,000. They could do that or just disregard it. Mr. Drell said that to a certain degree it depends on how the building is divided. Commissioner Tschopp said that the more it is divided up, the more cars . they could have potentially parking there because there are more office workers per part as a whole. He thought it was a good idea and it still didn't preclude looking at them on a case by case basis. Commissioner Lopez said he could see the merit of having a cap and was trying to see it from the other side. He didn't see where it would hurt to establish a cap. He asked if it would limit the ability of someone to develop 25 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19, 2004 product or a project that would work. Once they got past 50%, they were right. It became office space with a lot of storage at that point. Chairperson Jonathan said that Mr. Smith was right; at that point all they were telling them to do was put in another four parking spaces. Mr. Smith noted that was on a typical 10,000 square foot building. Chairperson Jonathan concurred. The difference was just with the 20% base and goes from two to four. He was comfortable with that and it was a recommendation for Council to consider. But he could see Commissioner Tschopp's point. Once they exceed a certain level it is more of an office building that happens to have a warehouse. Commissioner Tschopp agreed with staff. Parking is based on use on a property, not the zoning. If it is 50% office, then it needed to be parked as office. Chairperson Jonathan asked for clarification on the 15% reduction. He asked if that was to the office portion. If they were going to have hallways, bathrooms and closets, etc., it was therefore the office portion. Mr. Drell concurred. Chairperson Jonathan said that one of the things they want to think about is what the actual reduction is to the parking spaces. Is it to the 20% portion so they are only reducing at the 2/1,000 or if it was the excess and at 4/1,000. He wasn't sure they needed to get into that with the ordinance, but that. would come up in the design. Someone will say if they get a 15% reduction, how does that translate into reduction in parking. Mr. Smith thought they would do it to a ratio of how much is in each part of the building. Chairperson Jonathan concurred. He summarized that the suggestion is to add a little bit of language that says that in the event the office use exceeds 50% of the total building area, then the entire office space shall be parked at .the office standard. With that addition, he asked if there was a motion. It was noted by staff that the public hearing needed to be opened and public testimony requested. Chairperson Jonathan opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed amendment. There was no one and the public hearing was closed. 26 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 99. 2004 Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2302, recommending to the City Council approval of Case No. ZOA 04-02 as amended. Motion carried 3-0. Chairperson Jonathan thanked staff for getting this clarified. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None. B. LANDSCAPE COMMITTEE None. C. PROJECT AREA 4 COMMITTEE None. XI. COMMENTS Commissioner Lopez noted that the November 16 agenda was going to be quite full. Mr. Smith said yes, it would reflect the fact that wasn't a meeting on the 2nd. Chairperson Jonathan asked if there was any interest or reason to have a first meeting in November, but not on Tuesday night. Staff noted that it would be too late to run any noticed public hearings. It had to be in the paper yesterday. And the continued items couldn't be heard because they were continued to a date specific on the 16th. 27 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 19, 2004 CASE NO: ZOA 04-02 REQUEST: Amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) I. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. II. DISCUSSION: A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.D (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes, feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 2 1 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Staff recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restroomsr and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Staff recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the ' , .20% threshold. The code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and more 3 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1 ,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. Staff recommends that this policy be codified. III. CONCLUSION: Staff recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. IV. RECOMMENDATION: A. Approval of the findings and adoption of Planning Commission Resolution No. , recommending to City Council approval of Case No. ZOA 04-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice 4 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Reviewed and Approved by: S�e Smith Phil Drell Planning Manager Director of Community Development Review and Concur: 54� 4 Homer Croy ACM for Development Services /tm 5 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION.OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A." } PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 PLANNING COMMISSION RESOLUTION NO. In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space abeue the 20% threshold shall be parked at the general office parking standard. /� e)rcN'1 5ecti That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. d� +04CS a 16 i • 25.58-310 MINMIUM • MUM PARKING STALLS PARKING STALLS USE REQUIRED USE REQUIRED Bowling alleys and 2 for each alley, two for Dental clinics or offices 6 for each 1,000 square feet billiard halls each billiard table contained and medical clinics or of gross floor area. Based therein offices upon submittal of a tenant improvement floor plan, Commercial stables Sufficient area, treated to planning commission may prevent dust,to provide for grant up to a 15%parking the heeds of customers and reduction.Items to be con- employees but not less than sidered in granting such one assessable space for reduction shall be: 't each five borms kept on the 1. Elevators,stairways and ' premises landings; Driving ranges (golf) I per tee, plus the spaces 2. Interior utility facilities;3. Restruom areas- . required for additional uses 4. Nonleasable common on the site areas i Golf courses (regulation 5 per bole plus the spaces Health studios and spas 1 for each 150 square feet course) required for additional uses of gross floor area(For the on the site purpose of this subsection, swimming !pot area shall Pitch and putt 3 per hole, plus require- be counted as floor area ments for accessory uses Skating rinks, ice or rollerI for each 100 square feet Hospitals 1 3/4 for each patient bed of grass floor area,phis the 'Veterinary hospitals, and 1 for each 300 square feet spaces required for addi- beds of gross floor area tional uses on the site D. Manufacturing Plants ' Swimming pool (com- 1 for each 500 square feet and Kindred Uses. mercial) of pool area,plus the spac- es required for additional Industrial uses of all types 2 for each 1,000 square feet ' uses on the site except a structure used of gross floor area L admg exclusively for warehouse spaces may be counted as Tennis facility (com- 3 for each count plus the purposes part of the required parkng ' mernal) spaces required for addi- at a rate not to exceed I tional uses on the site per 2,50012oss square feet : C. Health Uses. Mini warehouse/self 6 spaces per complex plus storage 2 spaces for any caretaker Convalescent and nursing 1 for every 4 beds in actor- unit additional paling may . homes, homes for aged, dance with the resident cap- be required by the director rest homes, children's acity of the home as listed of community development homes and sanitariums on the required license or through the precise plan Peimjt process. 429 (Pam Darn 10.99) 1 2558.310 MINIMUM 1+4IlVII" PARSING STALLS PARKING STALLS « USE REQUIRED USE REQUIRED Public utility facilities 1 for each 2 employees in Private clubs, lodge halls, 1 for each 75 square feet f including, but not limited the largest shift phis I for union headquarters of gross floor area to electric, gas, water, each vehicle used in con- telephone and telegraph nection with the use. A Restaurants, (takeout res- 10 minimum and 10 for i facilities not having minimum of 2 spaces shall taurants) and other eating each 1,000 square feet of f business offices on the be provided for each such establishments including gross floor area for restaur- premises use regardless of building lounges for the contump- ants up to 3,000 square feet space or number of em- tion of food and beverages and 15 spaces for each ployees 1,000 square feet of gross floor area in excess of Warehouses, storage build- 2 for each 3 employees,but 3.000 square feet of gross ings or structures used in no event less than 1 for floor area exclusively for storage each one thousand square purposes feet of gross floor area for F. Other Uses. the first twenty thousand square feet;I for each two Day nurseries, including 2 for each 3 employees and thousand square feet;I for preschools and nursery teachers plus I loading each two thousand square schools space for each.8 children feet of gross.floor area for the second twenty thousand G. When a fractional figure is found as a remainder square feet;I for each fees in computations made to determine the number of required thousand square feet of off-street parking spaces or garages the fraction shall be gross floor area for areas construed as the next larger whole number. in excess of the initial forty A Puking area shall be computed by adding the areas thousand square feet of used for access drives, aisles, stalls, maneuvering, and floor area of the building. landscaping within that portion of the premises that is devoted to vehicular parking.(Ord.903 Exhibit A, 1999; Wholesale establishments 1 for each 3,000 square feet Ord.983 Exhibit A.1998;Ord.335(put),1983;Ord 314 and warehouses not used of gross floor area (part).1992;Ord 264§4,1981;Ord.213§1'(part), 1979. exclusively for storage Ord. 128 §§7 (part), 10, 1976;Ord.98 § t (part), 1975: Exhibit A §25.33-7) E.Places of Assembly_ Z5.58311 Conditional we permit required. Auditoriums,theaters, 1 for each 3 seats or 1 for A. All uses within the C-I zone requiring a greater spoor arenas, stadiums each 35 square feet of gross than one space per two hundred fifty square feet parking floor area where there am stall to floor area ratio shall be required to acquire a condi- no fixed seats tional use permit as set forth in Chapter 25.72 of this title. B. As part of said conditional use permit the commis- Churches and other place I for each 3 fixed seats sion may modify the parking requirements for said use. of assembly not specified within the main auditorium In modifying such requirements the commission shall above or for every 35 square feet consider. of seating area within the 1. The panting demand gmxrated by said use in relation main auditorium where to other uses in the area; there are no feed seats; 18 2. The hours of operation of said use in relation to hrear inches of bench shall the hours of operation of other use in the area; be considered a fixed seat 3. The relationship of the type of use to other uses in the area; Libraries I for each 500 square feet 4. Any other factor the commission might deem of gross floor area necessary in making its decision. (Ord. 264 § 5, 1991) (AbaDa 1099) 430 v MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Mr. Drell reported that staff believed this project was ready for the Commission's consideration, but the applicant is requesting another continuance. Mr. Drell noted that the Commission has the option of commenting on the case. Chairperson Jonathan opened the public hearing, and noting that no one requested to address the Commission regarding this matter, asked the Commission for comments. Commissioner Finerty noted that Page 2 of the staff report references the proposed drive-thru, and asked if this project will be coming back to the Commission after the Architectural Review Committee has reviewed it, particularly the landscape plan, as she was concerned about proper screening of the drive-thru. Mr. Drell confirmed that the project will come back to the Commission for review. Commissioner Campbell asked about the reason for the applicant=s request for a continuance, to which Mr. Drell replied that it was for some business- related reason which was not made clear to him. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to continue the case to September 7, 2004. Motion carried 5-0. B. Case No. PP 03-23 - GLASSTONE, INC., Applicant Request for approval of a precise plan of design to allow the construction of a 21,262 square foot office/industrial building located at 74-794 42nd Avenue. Mr. Bagato reviewed the salient points of the staff report. Commissioner Tschopp noted that there appears to be storage of materials in the back, and asked if those materials are actually stored on the subject property. Mr. Bagato explained that the stone materials are actually stored on the property behind the subject parcel, and both parcels are owned by the applicant, who intends to store the stone inside the building after it is constructed. 3 } 1 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Commissioner Campbell asked if the drawings reflect the change in stone work on the face of the building that was recommenced by the Architectural Review Commission (ARC)and asked why the changes were proposed. Mr. Bagato noted that this project went to ARC several times and there were many changes. The original proposal include stone covering the entire elevation all the way up to the top, and the ARC didn=t agree with that. One change which has not been reflected on the drawings is that the stone will wrap around the bottom portion of the street side of the parking lot, and the applicant has agreed to do so. Chairperson Jonathan noted that staff=s analysis of the parking requirement is 42 spaces, but it is his understanding that any warehouse building which has office space in excess of 20% of the total building must have parking calculated at four spaces per 1,000 square feet for the office and two spaces per 1,000 square feet for the warehouse space, and based on the latter calculation, the parking requirement would be 63 spaces. Mr. Bagato clarified that the first 20% of office can be calculated at the warehouse rate, while the remaining office space was calculated at the office rate. Chairperson Jonathan believed the calculation used by staff was inconsistent with the methodology that the Commission has been advised is in place. Mr. Drell indicated that in years past, the parking calculation was done in the manner referenced by Chairperson Jonathan, and boh staff and the Commission found that calculation resulted in more parking than is actually needed. Therefore, in more recent years staff has been consistently calculating in the manner that was used by Mr. Bagato. Chairperson Jonathan suggested that a more formal policy be adopted regarding the parking calculation of a blended building, i.e., an office/warehouse where the office space exceeds 20% of the total square footage. Mr. Drell suggested that the Commission may wish to direct staff to initiate a zoning ordinance amendment to clarify the parking standard as it relates to these hybrid buildings. There being no further questions, Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. DANA KELSTROW, 74-780 42ND Avenue in Palm Desert, stated he is half-owner of the building, along with his partner, who owns 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Glasstone, and clarified that Glasstone will use 80% of the building, with the remainder of the building to be used by tenants. He stated that the building will be a beautiful addition to the area. Chairperson Jonathan closed the public hearing and asked the Commission for comments. Commissioner Campbell complimented the building architecture. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2283, approving PP 03-23, subject to conditions. Motion carried 5-0. Commissioner Campbell moved, seconded by Commissioner Tschopp, to direct staff to initiate a zoning ordinance amendment with regard to clarification of parking requirements for a mixed use office/warehouse building under the Service Industrial zoning district. Motion carried 5-0. C. Case No. CUP 04-13 -THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, Applicant Request for approval of a conditional use permit for a master plan for the Sacred Heart Church and School which involves demolition of nine existing residential duplex units, clubhouse and swimming pool, construction of 6,668 square feet of additional classroom space, construction of new lunch shade structures, a new 86-space parking lot with access from Deep Canyon, relocation of a playground, construction of a 17,590 square foot parish hall including a gymnasium, stage, food preparation area, restrooms and storage area, modification of an existing parking lot/playground into a plaza area and reduced/reconfigured parking lot, demolition of an existing single family home fronting on 5 a CIIY Of PRIM DES i 73-5FO FREO WARISG DRIVE PALM DESERT,CALWORNM 92260-2578 TEL: 76- 346-06� i 17AX: 760 341-7098 V nfcRp.[m d........ CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 04-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the street parking schedule,Municipal Code Section 25.58.310.D Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 p.m. in the Council Chamberatthe Palm Desert Civic Center,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Mondaythrough Friday. If you challenge the proposed actions 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 Planning Commission at,or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October 4, 2004 Palm Desert Planning Commission Confirmation Report — Memory Send Time Nov-01-2004 10:48 Tel line 7603417098 Name PALM DESERT PUBLIC WORKS DEPT Job number 682 Date Nov-01 10:47 To 7784731 Document pages 001 Start time Nov-01 10:47 End time Nov-01 10:48 Pages sent 001 Status OK Job number 682 *** SEND SUCCESSFUL *** CITY DF Pfl (D DESERT 7y-5 xo N.xsn Wnaxv�ro Dntva p.�iv Das aa-r. C-�+-lnoalatn 9 6o-ay78 HL: -,Go 34I-7o9a i I e Fee M P•lm-Ce,e[e,n[R CITY OF PALM DESERT LEGAL NOTICE ' 20A 0402 i NOTICE 1S HEREBY GIVEN that a public hearing will be held =fore tha Palm Desort City Council to conaidar an amrndmant to the street parking scbcdulci Mutti,pal Code Section 25.58.31O.D Manufacturing Plants and Yi^dred Uses, i ' I neat-n-F..[rvoto 7871 •.n,n lwpv _ Co. -7 79 v .5 SAID public bearing will be held ert Thursday,November 18.2OO4 before the Palm Desert City Council at 4:00 P.M. in tba Council Cbamber at the Palm Desert Ci EE.11. 73-510 Fred Waring Drive,Palm Desarq California. at which time and place all intarested crs— are invited to att and be heard. Written eov»r icnrs eonceming all itmna covered by this I ublic bearing notice shall be accepted up to data of the hearing- Tnformation concerning tha prop zed project arad/or negative declaration is'available£or review in the department ofcommunisY dev lopment at the above address between the hours of8=OOa.m.atid 5:OO p.m-Monday through Friday. fyou cfiallenge tba proposed acriotts in court, you may be limited to raising only those issues you r sovxeone else raised at the publid'hearit�g described in tbis notice, or in written coaeapondrn a delivered to the platmirtg cpmmission at, or prior to,the public hearing- I pVHLISH: Desut Suter I2AC1-THLLE ASSEN, City C1crk November 5.2004 Cicy o£Paba Dc ert C11Y 01 P11 [ M DESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6i I FAX: 760 341-7098 info@palm-desero.org CITY OF PALM DESERT LEGAL NOTICE ZOA 04-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to the street parking schedule, Municipal Code Section 25.58.310.1) Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Thursday,November 18, 2004 before the Palm Desert City Council at 4:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. Ifyou challenge the proposed actions 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 planning commission at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk November 5, 2004 City of Palm Desert CITY 01 PIIlM 0E5ERT 73-510 FREI) WARING DRIVE. PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6L[ FAX: 760 341-6372 *—4v info@palm-dcseri.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 20, 2004 City of Palm Desert Re: ZOA 04-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of October 19, 2004: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. ZOA 04-02 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2302, AS AMENDED TO ADD THAT IF OFFICE USE EXCEEDS 50% OF TOTAL BUILDING FLOOR AREA, ENTIRE OFFICE USE WILL BE PARKED AT THE 4/1,000 OFFICE STANDARD. MOTION CARRIED 3-0 (COMMISSIONERS CAMPBELL AND FINERTY ABSENT). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. jSe Philip Drelretary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A." 1 � PLANNING COMMISSIOry RESOLUTION NO. 2302 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: CAMPBELL, FINERTY ABSTAIN: NONE SABB JONA HAN, Chairperson ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2302 EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 w PLANNING COMMISSION RESOLUTION NO. 2302 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 CITY Of d I M 91 1 P I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6u FAX: 760 30-6372 lip i nfO@pal m-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 20, 2004 City of Palm Desert Re: ZOA 04-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of October 19, 2004: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. ZOA 04-02 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2302, AS AMENDED TO ADD THAT IF OFFICE USE EXCEEDS 50% OF TOTAL BUILDING FLOOR AREA, ENTIRE OFFICE USE WILL BE PARKED AT THE 4/1,000 OFFICE STANDARD. MOTION CARRIED 3-0 (COMMISSIONERS CAMPBELL AND FINERTY ABSENT). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen 0 5) days of the date of the decision. Philip Drell, Se retary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal 4�ninon nnme•we x i PLANNING COMMISSION RESOLUTION NO. 2302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A." PLANNING COMMISSION RESOLUTION NO. 2302 t PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: CAMPBELL, FINERTY ABSTAIN: NONE SAW JONA HAN, Chairperson ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 :w PLANNING COMMISSION RESOLUTION NO. 2302 1 EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of.2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 w PLANNING COMMISSION RESOLUTION NO. 2302 f In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1 ,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 , CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 19, 2004 CASE NO: ZOA 04-02 REQUEST: Amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) I. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. II. DISCUSSION: A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.1) (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for area. storage. 2 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 Category 1 is the most used section and it requires two spaces per 1 ,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Staff recommends that Categories 1 , 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Staff recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICEMAREHOUSE USES: A review of the August 3, 2004 minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and more 3 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1 ,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. Staff recommends that this policy be codified. III. CONCLUSION: Staff recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. IV. RECOMMENDATION: A. Approval of the findings and adoption of Planning Commission Resolution No. , recommending to City Council approval of Case No. ZOA 04-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice 4 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 C. Comments from city departments and other agencies D. Plans and exhibits Prepared by: Reviewed and Approved by: 44 S eve Smith Phil Drell Planning Manager Director of Community Development Review and Concur: 4L 4 Homer Croy ACM for Development Services Am 5 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 02-60," in that the Director of Community Development has determined that the project is a Class 5 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its recommendation as described below: 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, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A." PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission . 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1 : That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1 ,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 PLANNING COMMISSION RESOLUTION NO. In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 25.58310 MINIMUM MIIQUVIJM PARKING STALLS PARKING STALLS USE REQUIRED USE REQUIRED Bowling alleys and 2 for each alley, two for Dental clinics or offices 6 for each 1,000 square feet billiard halls each billiard table contained and medical clinics or of gross floor area. Based therein offices upon submittal of a tenant improvement floor plan, Commercial stables Sufficient area treated to planning commission may prevent dual,to provide for grant up to a 15%parting the needs of customers and reduction.Items to be con- employees but not less @Hart sidered in granting such one assessable space for reduction shall be: each five borses kept on the I.Elevators,stairways and premises landings; 2. Interior utility facilities; Driving ranges (golf) I per tee,plus the spaces 3.Restroom areas; iequired for additional uses 4.Nonleasable common on the site areas. Golf courses (regulation 5 per hole plus the spaces Health studios and spas I for each 150 square feet cause) required for additional uses of gross floor area(For the on the site purpose of this subsection, swimming pool area shall Pitch and putt 3 per hole, plus require- be counted as floor area.) ments for accessory uses Hospitals 1 3/4 for each patient bed Skating rinks, ice or roller 1 for each 100 square feet of gross floor area,plus the Veterinary hospitals, and 1 for each 300 square feet spaces required for addi- beds of gross floor area tional uses on the site D. Manufacnning Plants Swimming pool (com- l for each 500 square feet and Kindred Uses. mercial) of pool area plus the spac- es required for additional Industrial uses of all types 2 for each 1,000 square feet uses on the site except a structure used of grass floor ant.Loading >s exclusively for warehouse spaces may be counted as Tennis facility (com- 3 for each coin plus the purposes part of the requited pig mercial) spaces required for addi- at a rate not to exceed I tional uses on the site per 2:500 gross square feet C.Health Uses. Mini warehouse/self 6 spaces per complex phis storage 2 spaces for any caretaker Convalescent and nursing 1 for every 4 beds in accor- unit additional parking may homes, homes for aged, dance with the resident cap- be requited by the director rest homes, children's acity of the home as listed of comet development homes and sanitariums on the required license or through the plan permit process. 429 (rem DnM 10 9") 1� I 2558.310 MINIMUM MROVIUM PARKING STALLS PARKING STALLS USE REQUIRED USE REQUHUM Public utility facilities 1 for each 2 employees in Private clubs, lodge halls, 1 for each 75 square feet including,but not limited the largest shift plus 1 for union headquarters of gross floor area to electric,gas,water, each vehicle used in con- telephone and telegraph nection with the use. A Restaurants, (takeout res- 10 minimum and 10 for facilities not having minimum of 2 spaces shall taorants)and other eating each 1.000 square feet of business offices on the be provided for each such establishments including gross floor area for restaw- premises use regardless of building lounges for the consump- ants up to 3,000 square feet space or number of em- tion of food and beverages and 15 spaces for each ployees 1,000 square feet of gross floor area in excess of Warehouses,storage build- 2 for each 3 employees,but 3,000 square feet of gross ings or structures used in no event less than 1 for floor area exclusively far storage each one thousand square purposes feet of gross floor area for F. Other Uses. the fast twenty thousand square feet;I for each two Day nurseries,including 2 for each 3 employees and thousand square feet;I for preschools and nursery teachers plus 1 loading each two thousand square schools space for each,8 children feet of gross,floor area for the second twenty thousand G. When a fractional figure is found as a remainder square feet;l for each four in computations made to determine the number of required thousand square feet of off-street parking spaces or garages the fraction shall be gross floor area for areas construed as the next larger whole number. in excess of the initial forty IL Parking am"be computed by adding the areas thousand square feet of used for access drives, aisles, stalls, maneuvering, and floor area of the building. landscaping within that portion of the premises that is devoted to vehicular parking.(Ord.903 Exhibit A, 1999; Wholesale establishments 1 for each 3,000 square feet Ord.883 Exhibit A,1998;Ord 335(part),1983;Ord 314 and warehouses not used of gross floor area (part), 1982;Ord.264§4,1981;Ord 213§1'(part), 1979; - exclusively for storage Ord. 128§§7(part), 10, 1976;Ord.98 § 1 (part), 1975: Exhibit A §25.33-7) E.Places of Assembly. 2558311 Conditmnal use permit required. Auditoriums,theaters, 1 for each 3 seats or 1 for A. All uses within the C-I zone requiring a greater sports arenas, stadiums each 35.square feet of gross than one space per two hundred fifty square feet parking floor area where there are stall to floor area ratio shall be required to acquire a catdi- no fixed seats tional use permit as set forth in Chapter 25.72 of this title- B. As pan of said conditional use permit the conunis- hutches and other place 1 for each 3 fixed seats lion may modify the parking requirements for said use. of assembly not specified within the main auditorium In modifying such requirements the commission shall above or for every 35 square feet consider: of seating area within the 1. The parking demand generated by said use in relation main auditorium where to other uses in the area; there are no fixed seats;18 2. The hours of operation of said use in relation to linear inches of bench shall the hours of operation of other uses in the area: be considered a fixed seat 3. The relationship of the type of use to other uses in the area; Libraries I for each 500 square feet 4. Any other factor the commission might deem of gross floor area necessary in making its decision. (Ord. 264 § 5, 1981) (e+bm Dean 10-99) 430 I MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Mr. Drell reported that staff believed this project was ready for the Commission's consideration, but the applicant is requesting another continuance. Mr. Drell noted that the Commission has the option of commenting on the case. Chairperson Jonathan opened the public hearing, and noting that no one requested to address the Commission regarding this matter, asked the Commission for comments. Commissioner Finerty noted that Page 2 of the staff report references the proposed drive-thru, and asked if this project will be coming back to the Commission after the Architectural Review Committee has reviewed it, particularly the landscape plan, as she was concerned about proper screening of the drive-thru. Mr. Drell confirmed that the project will come back to the Commission for review. Commissioner Campbell asked about the reason for the applicant=s request for a continuance, to which Mr. Drell replied that it was for some business- related reason which was not made clear to him. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to continue the case to September 7, 2004. Motion carried 5-0. B. Case No. PP 03-23 - GLASSTONE, INC., Applicant Request for approval of a precise plan of design to allow the construction of a 21,262 square foot office/industrial building located at 74-794 42nd Avenue. Mr. Bagato reviewed the salient points of the staff report. Commissioner Tschopp noted that there appears to be storage of materials in the back, and asked if those materials are actually stored on the subject property. Mr. Bagato explained that the stone materials are actually stored on the property behind the subject parcel, and both parcels are owned by the applicant, who intends to store the stone inside the building after it is constructed. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Commissioner Campbell asked if the drawings reflect the change in stone work on the face of the building that was recommenced by the Architectural Review Commission (ARC) and asked why the changes were proposed. Mr. Bagato noted that this project went to ARC several times and there were many changes. The original proposal include stone covering the entire elevation all the way up to the top, and the ARC didn=t agree with that. One change which has not been reflected on the drawings is that the stone will wrap around the bottom portion of the street side of the parking lot, and the applicant has agreed to do so. Chairperson Jonathan noted that staff=s analysis of the parking requirement is 42 spaces, but it is his understanding that any warehouse building which has office space in excess of 20% of the total building must have parking calculated at four spaces per 1,000 square feet for the office and two spaces per 1,000 square feet for the warehouse space, and based on the latter calculation, the parking requirement would be 63 spaces. Mr. Bagato clarified that the first 20% of office can be calculated at the warehouse rate, while the remaining office space was calculated at the office rate. Chairperson Jonathan believed the calculation used by staff was inconsistent with the methodology that the Commission has been advised is in place. Mr. Drell indicated that in years past, the parking calculation was done in the manner referenced by Chairperson Jonathan, and boh staff and the Commission found that calculation resulted in more parking than is actually needed. Therefore, in more recent years staff has been consistently calculating in the manner that was used by Mr. Bagato. Chairperson Jonathan suggested that a more formal policy be adopted regarding the parking calculation of a blended building, i.e., an office/warehouse where the office space exceeds 20% of the total square footage. Mr. Drell suggested that the Commission may wish to direct staff to initiate a zoning ordinance amendment to clarify the parking standard as it relates to these hybrid buildings. There being no further questions, Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. DANA KELSTROW, 74-780 42ND Avenue in Palm Desert, stated he is half-owner of the building, along with his partner, who owns 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Glasstone, and clarified that Glasstone will use 80% of the building, with the remainder of the building to be used by tenants. He stated that the building will be a beautiful addition to the area. Chairperson Jonathan closed the public hearing and asked the Commission for comments. Commissioner Campbell complimented the building architecture. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2283, approving PP 03-23, subject to conditions. Motion carried 5-0. Commissioner Campbell moved, seconded by Commissioner Tschopp, to direct staff to initiate a zoning ordinance amendment with regard to clarification of parking requirements for a mixed use office/warehouse building under the Service Industrial zoning district. Motion carried 5-0. C. Case No. CUP 04-13 -THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, Applicant Request for approval of a conditional use permit for a master plan for the Sacred Heart Church and School which involves demolition of nine existing residential duplex units, clubhouse and swimming pool, construction of 6,668 square feet of additional classroom space, construction of new lunch shade structures, a new 86-space parking lot with access from Deep Canyon, relocation of a playground, construction of a 17,590 square foot parish hall including a gymnasium, stage, food preparation area, restrooms and storage area, modification of an existing parking lot/playground into a plaza area and reduced/reconfigured parking lot, demolition of an existing single family home fronting on 5 • C11Y 01 P 0 [ M 0ES 11 73-510 FRED WARING DRIVE PALM DEs ERT,CALIFORNIA 9226o-2578 TEL: 760 346—o61 I FAX: 760 341-7098 info@polmdoea.mg CITY OF PALM DESERT LEGAL NOTICE CASE NO.ZOA 04-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the street parking schedule,Municipal Code Section 25.58.310.D Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 p.m. in the Council Chamberatthe Palm Desert Civic Center,73-510 Fred Waring Drive,Palm Desert,California,at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday. If you challenge the proposed actions in court,you may be limited to raising only those issues you or someone else raised at the public hearing described inthis notice,or in written correspondence delivered to the Planning Commission at,or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October4, 2004 Palm Desert Planning Commission Confirmation Report — Memory Send Time Sep-29-2004 10:17 Tel line 7603417098 Name PALM DESERT PUBLIC WORKS DEPT Job number 024 Date Sep-29 10:16 To 7784T31 Document pages 002 Start time Sep-29 10:16 End time Sep-29 10:17 Pages sent 002 Status OK Job number : 024 *** SEND SUCCESSFUL *** C I T Y O F P 0 L m 0 E S E R T ^a`a.e Pnea Wwalwc Duva Pnin� Daa¢aT. CnYawoanan 9�s6e—aa7e c. p6e 94 M— 6• 76e a{.—po9B roOwJ m-ae•....es FAX TRANSMITTAL deliver To,: Agency: Fox r�g 7 ogre: 5-29 �Oy Verify: �- PACs ES /NCLUVIING THIS COVER SHEET. IF THIS TRANSMISSION IS INCOMPLETE. IMMEL7IATELY CALL PERSON DESIGNATED BELOW- From: fs �,6� Meportment: ��li �JiS/ i v�1�7 PITon�: Cor"rnents- I I I y 01 P M OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o611 FAX: 760 341-7o98 info®palm-deserc.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 04-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the street parking schedule, Municipal Code Section 25.58.310.D Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center,73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m.and 5:00 p.m. Mondaythrough Friday. If you challenge the proposed actions 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 tothe Planning Commission at,or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October 4, 2004 Palm Desert Planning Commission