HomeMy WebLinkAboutZOA 06-80 CONDITIONAL USES 1981 i
ORDINANCE NO. 245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO THE ZONING ORDINANCE TEXT; RELATIVE TO CON-
DITIONALLY PERMITTED USES IN THE R-2 (SINGLE-
FAMILY RESIDENTIAL DISTRICT) ZONE.
CASE NO. ZOA 06-80
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 12th day of February, 1981 , hold a duly noticed Public Hearing, to
consider an amendment of the Zoning Ordinance pertaining to conditionally
permitted uses in the R-2 (Single Family Residential District) zone; and
WHEREAS, the Planning Commission, by Resolution No. 670 has
recommended approval ; and,
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California Environmental
Quality Act, Resolution No. 80-89" , in that the Director of Environmental
Services has determined that the project will not have a significant adverse
impact on the environment and a Negative Declaration has been prepared; and,
i�
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, said
City Council did find the following facts and reasons to exist to approve a
Zoning Ordinance Text Amendment:
1 . That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan.
( 3. That the Zoning Ordinance Amendment would better
l serve the public health, safety, and general welfare,
than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, as follows:
1 . That the above recitations are true and correct and
constitute the considerations of the Council in this
case.
2. That it does hereby approve a Zoning Ordinance Text
Amendment; as provided in the attached exhibit, labeled
Exhibit "A", to amend Municipal Code Section 25.18.030,
by adding a new use "K" to conditionally permitted uses
in the R-2 (Single Family Residential District) zone.
3. That said Negative Declaration is hereby approved.
4. The City Clerk is directed to publish this ordinance
once in the Palm Desert Post, a newspaper of general
circulation, published and circulated in the City of
Palm Desert, and shall certify to the passage of adop-
tion of this ordinance, and the same shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
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ORDINANCE NO. 245 Page Three
EXHIBIT "A"
25.18.030 Conditional Uses: The following uses may be permitted subject to
a conditional use permit:
A. Boardinghouses and roominghouses;
B. Churches, convents, monasteries and other religious institutions;
C. Day nurseries and nursery schools;
D. Hospitals;
E. Neighborhood governmental offices, five thousand square feet maximum
building size;
F. Planned residential developments (cluster development);
G. Private schools and colleges, not including art, business, or trade
schools or colleges;
H. Private recreational facilities such as country clubs,. tennis and
swim clubs, golf courses, with incidental , limited commercial uses which are
commonly associated and directly related to the primary use;:
I. Public educational institutions;
J. Public utility and public service facilities; and,
K. Professional offices, provided property to be developed is abutting or
across the street, or across an alley from commercially zoned property; residential
development standards to be used to insure compatibility.
l
CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II . REQUEST: Amendment to Municipal Code, Chapter 25.18, regarding
conditionally permitted uses in the R-2 zone (Single
Family Residential District) .
III. APPLICANT: CITY OF PALM DESERT
IV. CASE NO: ZOA 06-80
V. DATE: February 12, 1981
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Ordinance No. 245
D. Planning Commission Minutes involving Case No. ZOA 06-80.
E. Planning Commission Resolution No. 670.
F. Planning Commission Staff Report dated December 30, 1981 .
G. Related maps and/or exhibits.
-----------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass to second reading.
B. DISCUSSION:
This amendment was reviewed and unanimously recommended for approval
(4-0 with McLachlan absent) , by the Planning Commission at the meeting
of December 30, 1980. During the hearing, one person from the audience
spoke in favor of the proposed change.
Commission discussion followed, with it being determined that professional
offices be allowed with a Conditional Use Permit when abutting, or across
a. street or alley from commercially zoned property, rather than only when
abutting a PC (3) zone or existing office use as originally proposed.
Staff sees this amendment as an interim measure, and not a permanent
provision. The General Plan Update will include a designation for profes-
sional office uses which will coincide with those areas this amendment
is intended for.
/ ORDINANCE NO. 245
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO THE ZONING ORDINANCE TEXT, RELATIVE TO CON-
DITIONALLY PERMITTED USES IN THE R-2 (SINGLE-
FAMILY RESIDENTIAL DISTRICT) ZONE.
CASE NO. ZOA 06-80
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 12th day of February, 1981 , hold a duly noticed Public Hearing, to
consider an amendment of the Zoning Ordinance pertaining to conditionally
permitted uses in the R-2 (Single Family Residential District) zone, and
WHEREAS, the Planning Commission, by Resolution No. 670 has
recommended approval ; and,
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedures to Implement the California Environmental
Quality Act, Resolution No. 80-89" , in that the Director of Environmental
Services has determined that the project will not have a significant adverse
impact on the environment and a Negative Declaration has been prepared; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, said
City Council did find the following facts and reasons to exist to approve a
Zoning Ordinance Text Amendment:
1 . That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan.
( 3. That the Zoning Ordinance Amendment would better_
l serve the public health, safety, and general welfare,
than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, as follows:;
1 . That the above recitations are true and correct and
constitute the considerations of the Council in this
case.
2. That it does hereby approve a Zoning Ordinance Text
Amendment, as provided in the attached exhibit, labeled
Exhibit "A", to amend Municipal Code Section 25.18.030,
by adding a new use "K" to conditionally permitted uses
in the R-2 (Single Family Residential District) zone.
3. That said Negative Declaration is hereby approved.
4. The City Clerk is directed to publish this ordinance
once in the Palm Desert Post, a newspaper of general
circulation, published and circulated in the City of
Palm Desert, and shall certify to the passage of adop-
tion of this ordinance, and the same shall be in full
( force and effect thirty (30) days after its adoption.
LPASSED, APPROVED and ADOPTED at a regular meeting of the Palm
ORDINANCE NO. 245 Page Two
Desert City Council , held on this — day of _, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
S. ROY WILSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/pa
t
S
ORDINANCE NO. 245 Page Three
EXHIBIT "A"
25.18.030 Conditional Uses: The Following uses may be permitted subject to
a conditional use permit:
A. Boardinghouses and roominghouses;
B. Churches, convents, monasteries and other religious institutions;
C. Day nurseries and nursery schools;
D. Hospitals;
E. Neighborhood governmental offices, five thousand square feet maximum
building size;
F. Planned residential developments (cluster development) ;
G. Private schools and colleges, not including art, business, or trade
schools or colleges;
H. Private recreational facilities such as country clubs, tennis and
swim clubs, golf courses, with incidental , limited commercial uses which are
commonly associated and directly related to the primary use;
I. Public educational institutions;
J. Public utility and public service facilities; and,
K. Professional offices, provided property to be developed is abutting,
across street, or alley from commercially zoned property; residential development
standards to be used to insure compatibility.
l
J MINUTES
PALM DESERT PLANNING COMMISSION MEETING
DECEMBER 30, 1980 Page Five
VI. PUBLIC HEARINGS (cont. )
Commissioner Berkey noted that the question of the economics of another
market in the City was raised. Mr. Diaz stated that the EIR showed there is
sufficient demand for this additional market.
Chairman Miller reviewed the added Special Conditions, which were as follows:
"12. Height of windows of retail shops, adjacent to Hidden Palms shall be limited to
6 feet above grade."
"13. Height of retail shops, adjacent to Hidden Palms shall be a maximum of 18 feet."
The Commission agreed to these additions. Motion was made by Commissioner
Richards, seconded by Commissioner Kryder, to recommend approval to the City Council
of a Change of Zone and certification of the EIR as it relates thereto, by adoption
of Planning Commission Resolution No. 667; and, approve Development Plan and
Conditional Use Permit and certification of the EIR as it relates thereto, by adoption
of Planning Commission Resolution No. 668, subject to conditions as amended. Carried
unanimously (4-0).
The Commission informed the public that the hearing for the Change of Zone
would go before the City Council on the 22nd of January, 1981.
C. Continued Case No . ZOA 05-80 and ZOA 06-80 CITY OF PALM DESERT,
Applicant
Amendment to Municipal Code, Chapter 25.20, regarding conditionally
permitted uses in the R-3 zone (Multifamily Residential District).
Amendment to Municipal Code, Chapter 25.18, regarding conditionally
permitted uses in the R-2 zone (Single Family Residential District).
Mr. Diaz reviewed the staff report and recommended approval—to the City
Council .
Chairman Miller opened the Public Hearing and asked if anyone present wished
to speak in FAVOR or OPPOSITION to this case.
Mr. Dean Cole, 73-144 Catalina, gave the present zones in his area and stated
he would eventually like to convert his home into an office. He encouraged approval .
There was dicussion on the matter of the properties abutting the proposed
regional center on Monterey, since the properties also abutted R-1. Mr. Diaz
indicated that as long as a parcel abutted the regional commercial zone it could
apply for a conditional use permit for office purposes. Additional discussion
occurred concerning property zoned R-3 or R-2 which are across a street or alley.
from commercially zoned property and the Commission concluded that such parcels
could also have the right to apply for a conditional use permit for office uses.
Therefore, the Resolution, Exhibit "A" , were amended as follows:
ZOA 05-80 - (N) Professional offices, provided property to be developed is abutting,
across street, or alley, from a PC (3) zone or existing professional office use;
residential development standards to be used to insure compatibility.
ZOA 06-80 - (K) Professional offices, provided property to be developed is abutting,
across street, or alley, from a PC (3) zone or existing professional office use;
residential development standards to be used to insure compatibility.
Chairman Miller closed the Public Hearing.
Motion was made by Commissioner Berkey, seconded by Commissioner Richards,
to recommend approval to the City Council , by adoption of Planning Commission
Resolution Nos. 669 and 670, as amended. Carried unanimously (4-0).
VII. OLD BUSINESS - NONE
PLANNING COMMISSION RESOLUTION NO. 670
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, PERTAINING TO
CONDITIONALLY PERMITTED USES IN THE R-2 (SINGLE FAMILY
RESIDENTIAL DISTRICT) ZONE.
CASE NO. ZOA 06-80
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 30th day of December, 1980, hold a duly noticed Public Hearing to consider
amendment of Municipal Code Title 25, Chapter 68 (Zoning Ordinance), pertaining to
conditionally permitted uses in the R-2 (Single Family Residential District) zone;
rn
and,
- WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined
that the project will not have a significant adverse impact on the environment and a
Negative Declaration has been prepared; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did
find the following facts and reasons to exist to recommend approval of a Zoning Ordin-
ance Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the.
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, as follows: z
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A", to
amend Municipal Code Section 25.18.030, by adding a new use "K"
to conditionally permitted uses in the R-2 (Single Family
Residential District) zone.
3. That said Negative Declaration is hereby recommended to the City
Council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 30th day of December, 1980, by the following vote, to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE
CHARLES MILLER, Chairman
ATTEST:
4AM0ZNA___'DIqAZSecetary
/lr
ING COMMISSION RESOLUTION NO. 670 Page Two
EXHIBIT "A"
25.18.030 Conditional Uses. The following uses may be permitted subject to
ditional use permit:
A. "Boardinghouses and roominghouses;
B. Churches, convents, monasteries and other religious institutions; — --<- -
C. "..Day nurseries and nursery schools;
D. Hospitals;
E. Neighborhood governmental offices, five thousand square feet maximum
ling size;
F. Planned residential developments (cluster development);
G. Private schools and _Colleges, not including art, business, or trade
As or colleges;
H. Private recreational facilities such as country clubs, tennis and
clubs, golf courses, with incidental , limited commercial uses which are
only associated and directly related to the primary use;
I. Public educational institutions;
J. Public utility and public service facilities; and,
K. Professional offices, provided property to be developed is abutting, across
et, or alley from commercially zoned property; residential development standards
e used to insure compatibility.
1
t
STAFF REPORT
TO: Planning Commission
REPORT ON: Zoning Ordinance Amendment
APPLICANT: CITY OF PALM DESERT
CASE NO; ZOA 06-80
DATE: December 30, 1980
I. REQUEST:
Amendment to Municipal Code, Chapter 25.18, regarding conditionally permitted
uses in the R-2 zone (single family residential district).
II. BACKGROUND:
A. CASE INITIATION:
This amendment was initiated by the Planning Commission at the meeting
of December 2, 1980.
B. ENVIRONMENTAL ASSESSMENT:
The Director of Environmental Services has determined that the proposed
project will not have a significant adverse impact on the environment
and a Negative Declaration has been prepared.
III. DISCUSSION:
This case was initiated at the December 2, 1980, meeting is order to
accompany ZOA 05-80 (amendment to R-3 zone). If approved, this amendment
would permit, on a limited basis, professional office uses in the R-2 zone.
Controls are necessary to insure that the uses are compatible with adjacent
uses.
In order to achieve this compatibility, development standards of the zone
regarding setbacks, site coverage, etc. , should be applied to office uses.
Additionally, a one story height limit should be applied to insure compati-
bility with adjacent residential zones and uses. Further, location of any
such use should be limited to areas adjacent to commercial zones or existing
office uses. Using these safeguards will insure that the uses will be low
intensity and compatible with residential uses since it would be transitional
use between .residential and commercial .
Staff sees that this amendment as an interim measure and not a permanent
provision. The General Plan Update will include a designation for professional
office uses which will coincide with those areas this amendment will apply to.
IV. STAFF RECOMMENDATION:
Based on findings and justification contained in draft Resolution:
Recommend approval to City Council of an amendment to Municipal Code
Title 25, Chapter 68, pertaining to conditionally permitted uses in the
R-2 zone (Single Family Residential District) by adoption of Planning
Commission Resolution No.
n
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 2, 1980
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
-The regularly scheduled meeting of the Palm De ert Planning Commission was
called to order at 7:00 p.m. by Chairman Mill r in the City Hall Council
Chambers.
II. PLEDGE OF ALLEGIANCE - Commissioner Berke
III. . ROLL CALL
Members Present: Commissioner rkey
Commissioner ryder
Commissione McLachlan
Commission r Richards
Chairman iller
Staff Present: Ramon . Diaz, Director of Environmental Services
Stan wa, Associate Planner
John osSantos, Assistant Planner
Lin a Russell , Planning Secretary
Others Present: B rry McClellan, Director of Public Works
IV. APPROVAL OF MINUTES
A. Minutes of regu ar meeting of November 19, 1980.
Motion was made by Commissioner Berkey, seconded by Commissioner Kryder,
to approve the minutes a submitted. Carried unanimously (5-0).
V. WRITTEN COMMUNI ATIONS - NONE
VI. PUBLIC HEARIN S
A. Case N s. C/Z 03-80 and CUP 17-80 - J. CAMERON ALLARD AND BALLEW/
PP
MCFAR AND, Applicants.
_
-:- . -
Re est for approval of a Pre-annexation Change of Zone
fr m 9-1 12,000 (Riverside County, Single Family Resi-
ntial , 12,000 sq.ft. minimum lot size) zone to R.M.
Mobile Home) or. other zone as .deemed appropriate, and
a Conditional Use Permit to allow the development of a
46 unit mobile home subdivision and 13 acres of commer-
ial uses on 165.5 acres located in the northwest quarter
of Section 4, Township 5, Range 6, east San Bernardino
Base.
Mr. Diaz noted a letter was .received by the applicant requesting a continuance
to J nuary "1981. . He stated that Staff concurred with the continuance.
Motion--was-made--by-Eo d by Commissioner McLachlan,
to continue this case to January 1981. Carried unanimously (5-0).
B. : Continued Case No. ZOA 05-80 — CITY OF PALM DESERT, Applicant
fff Request for initiation of an Amendment to Municipal Code
Chapter 25.20, regarding conditionally permitted uses in
the R-3 (Multifamily Residential District) zone or other
zone.
Mr. Diaz presented this case explaining that it was continued from the last
meeting for further study. He stated Staff's recommendation was to amend the R-2
and R-3 zones to allow offices with conditional use permits. Mr. Diaz stated it
would be necessary to readvertise, therefore, requested a Public Hearing on this
amendment for December 30, 1980.
w,
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
DECEMBER 2, 1980 Page Two
* r * * * * * * * * * * * * * * * * * + * • * * * * * * * * *
VI. PUBLIC HEARINGS (cont.)
Motion was made by Commissioner Berkey, seconded by Commissioner Richards,
to continue the proposed amendment to December 30, 1980. Carried unanimously (5-0).
C - LM DESERT, Applicant
Request for initiation of Change of Zone from R-2, S.P.
(Single Family Residential , one unit per 4,000 sq.ft. of.
lot area, Scenic Preservation Overlay) zone to R-3, S.P.
Multifamily Residential , one unit per 2,500 sq.ft. of
1 t area, Scenic Preservation Overlay) or other zone deemed
ap ropriate on the west side of Monterey Avenue between
Ra ho Grande and Park View Drive.
Mr. Diaz resented this case stating that Staff was recommending withdrawal
indefinitely for he following reasons: 1) Possible modification of proposed
ZOA 05-80; 2) Rez ing would not change density; 3) General Plan Update might require
rezoning. Mr. Dia noted a petition was submitted by Mr. William Wilson, objecting
to this zone change
There was a b ief discussion on the matter of office/professional zones
being considered duri g the General Plan Update.
Chairman Miller pened the Public Nearing asking if anyonw wished to speak
in FAVOR or OPPOSITION o this case.
MR. BILL WILSON, 4 -144 Acacia, stated he would rather see offices built in
this area rather than a zo a change to R-3. He asked if there could be apartment
complexes built in this ar
Mr. Diaz replied that there could under the present zoning:
Chairman Miller closed he Public Hearing.
Minute Motion was made b Commissioner Richards, seconded by•Commissioner
Kryder, to withdraw this case. arried unanimous) 5-0 - _
D. Case Nos. CUP 10-77 ( ndment) and 139 C - PORTOLA COUNTRY CLUB
HOMEOWNERS ASSOCIATION, pplicants
Request for an amendment o an approved Conditional Use Permit
to allow an existing mobil home lot adjacent to the clubhouse
of Portola Country Club to a used as a parking lot within the
RM (Mobile Home) zone, loca ed on the east side of Sutter Mill
Road, 100 ft. north of Quick ilver Drive.
Mr. Sawa reviewed the staff report nd illustrated on the map how the design
of the parking would be. He stated .that De ign Review Board did review this case
and approved it; Staff recommended approval .
Chairman Miller opened the Public Hear ng and asked for the applicant to
make a presentation.
MR. JACK LAWSON, 74-376 Gary Avenue, Port la Country Club, requested approval .
Commissioner Richards asked Mr. Lawson if had just recognized the need for
more parking.
Mr. Lawson replied that he did and explained at the parking was presently
very crowded for the residents.
Chairman Miller asked if anyone present wished t speak in FAVOR or OPPOSITION
to this case. There being none, the Public Hearing was 7d,
J
PLANNING COMMISSION RESOLUTION NO. 670
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, PERTAINING TO
CONDITIONALLY PERMITTED USES IN THE R-2 (SINGLE FAMILY
RESIDENTIAL DISTRICT) ZONE.
CASE NO. ZOA 06-80
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 30th day of December, 1980, hold a duly noticed Public Hearing to consider
amendment of Municipal Code Title 25, Chapter 68 (Zoning Ordinance), pertaining to
conditionally permitted uses in the R-2 (Single Family Residential District) zone;
and,
- WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined
that the project will not have a significant adverse impact on the environment and a
Negative Declaration has been prepared; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did
find the following facts and reasons to exist to recommend approval of a Zoning Ordin-
ance Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, as follows: _
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A", to
amend Municipal Code Section 25.18.030, by adding a new use "K"
to conditionally permitted uses in the R-2 (Single Family
Residential District) zone.
3. That said Negative Declaration is hereby recommended to the City
Council for approval .
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 30th day of December, 1980, by the following vote, to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE
CHARLES MILLER, Chairman
ATTEST:
4TZAMOENA. DIAZ, Sec etary
/lr
PLANNING COMMISSION RESOLUTION NO. 670 Page Two
EXHIBIT "A"
25.18.030 Conditional Uses. The following uses may be permitted subject to
a conditional use permit:
A. Boardinghouses and roominghouses;
B. Churches, convents, monasteries and other religious institutions;
C. Day nurseries and nursery schools; j
D. Hospitals; .
E. Neighborhood governmental offices, five thousand square feet maximum
building size;
F. Planned residential developments (cluster development);
G. Private schools and colleges, not including art, business, or trade
schools or colleges;
H. Private recreational facilities such as country clubs, tennis and
swim clubs, golf courses, with incidental , limited commercial uses which are
commonly associated and directly related to the primary use;
I. Public educational institutions;
J. Public utility and public service facilities; and,
K. Professional offices, provided property to be developed is abutting, across
street, or alley from commercially zoned property; residential development standards
to be used to insure compatibility.
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
DECEMBER 30, 1980 Page Five
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VI . PUBLIC HEARINGS (cont. )
Commissioner Berkey noted that the question of the economics of another
market in the City was raised. Mr. Diaz stated that the EIR showed there is
sufficient demand for this additional market.
Chairman Miller reviewed the added Special Conditions, which were as follows:
"12. Height of windows of retail shops, adjacent to Hidden Palms shall be limited to
6 feet above grade. "
"13. Height of retail shops, adjacent to Hidden Palms shall be a maximum of 18 feet. "
The Commission agreed to these additions. Motion was made by Commissioner
Richards, seconded by Commissioner Kryder, to recommend approval to the City Council
of a Change of Zone and certification of the EIR as it relates thereto, by adoption
of Planning Commission Resolution No. 667; and, approve Development Plan and
Conditional Use Permit and certification of the EIR as it relates thereto, by adoption
of Planning Commission Resolution No. 668, subject to conditions as amended. Carried
unanimously (4-0) .
The Commission informed the public that the hearing for the Change of Zone
would go before the City Council on the 22nd of January, 1981.
C. Continued Case No !ZOACITY OF PALM DESERT,
Applicant
Amendment to Municipal Code, Chapter 25.20, regarding conditionally
permitted uses in the R-3 zone (Multifamily Residential District).
Amendment to Municipal Code, Chapter 25.18, regarding conditionally
permitted uses in the R-2 zone (Single Family Residential District).
Mr. Diaz reviewed the staff report and recommended approval to the City
Council .
Chairman Miller opened the Public Hearing and asked if anyone present wished
to speak in FAVOR or OPPOSITION to this case.
Mr. Dean Cole, 73-144 Catalina, gave the present zones in his area and stated
he would eventually like to convert his home into an office. He encouraged approval .
There was dicussion on the matter of the properties abutting the proposed
regional center on Monterey, since the properties also abutted R-1. Mr. Diaz
indicated that as long as a parcel abutted the regional commercial zone it could
apply for a conditional use permit for office purposes. Additional discussion
occurred concerning property zoned R-3 or R-2 which are across a street or alley.
from commercially zoned property and the Commission concluded that such parcels
could also have the right to apply for a conditional use permit for office uses.
Therefore, the Resolution, Exhibit "A" , were amended as follows:
ZOA 05-80 - (N) Professional offices, provided property to be developed is abutting,
across street, or alley, from a PC (3) zone or existing professional office use;
residential development standards to be used to insure compatibility.
ZOA 06-80 - (K) Professional offices, provided property to be developed is abutting,
across street, or alley, from a PC (3) zone or existing professional office use;
residential development standards to be used to insure compatibility.
Chairman Miller closed the Public Hearing.
Motion was made by Commissioner Berkey, seconded by Commissioner Richards,
to recommend approval to the City Council , by adoption of Planning Commission
Resolution Nos. 669 and 670, as amended. Carried unanimously (4-0) .
VII. OLD BUSINESS - NONE
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
January 21 , 1981
CITY OF PALM DESERT
LEGAL NOTICE
INITIATION BY THE PALM DESERT PLANNING
COMMISSION OF A ZONING ORDINANCE AMEND-
MENT RELATIVE TO CONDITIONALLY PERMITTED
USES IN THE R-2 ZONE DISTRICT.
CASE NO. ZOA 06-80
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to an initiation by .the PALM DESERT PLANNING
COMMISSION of an amendment to Municipal Code, chapter 25.18 regarding
conditionally permitted uses in the R-2 (Single Family Residential ) zone.
,
SAID Public Hearing will be held on February 12, 1981 , at 7:00 p.m.
in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly
Pear Lane, Palm Desert, California, at which time and place all interested
persons are invited to attend and be heard.
SHEILA D GILLIGAN, City Clerk
City of Palm Desert , California
PUBLISH: Palm Desert Post
January 29, 1981
PROOF OF PUBLICATION This space t. .-re County Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of
the County aforesaid; I arrt over the age of eighteen Proof of Publication of
years, and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of the DESERT SUN PUBLISHING COMPANY a news- .....................
..._.............: No.s3ta -----
NOTICE OF PREPARATION
paper of general circulation, printed and published OF A"DRA@T"
NEGATIVE DECLARATION
The Director of Environmental I
in the City of Palm Springs, County of Riverside, Services has determined that the i following listed pro'ects will not t
and which newspaper has been adjudged a news- have a significant averse impDact i
on the environment and that a Neg-
paper of general circulation by the Superior Court ative Declaration should be
adopted:
06-80
of the County of Riverside, State of California, under CASE NO.ZOA
INIT IATION BY THE
PALM
DESERT PLANNING COMMIS
the date of August 5, 1927, Case Number 53125; SION OF A ZONING ORDI-
NANCE AMENDMENT
that the notice, of which the annexed is a printed ALLY PERM VE TTEp USES m I
THE.R-2 AND R-3 ZONE DIS-
copy (set in type not smaller than nonpareil), has S.
An ICTlfrom this determination
been published in each regular and entire issue of ma be mace tdthe City Council
within ten(10)days of the date of
posting of this public notice by fil-
said newspaper and not in any supplement thereof Pai an appeal in accordance with
Resolution No.,80.89 with the
on the following dates, to-wit: Department of Environmental
Services located at I5-275 Prickly
Pear Lane,Palm Desert,Califor-
nia.If no appeal is filed within the
December 20 said time.this determination shall
............_.............._....._................................._............ .become final.
The reviewing'body shall then
approve or disapprove the Nega.
five Declaration in their action
................_..................._.........................__....-- preceding approval of the project,
An appeal to a Planning Commis-
sin decision may be made to the
all in the year 19 8Q... Cityy Council within ten(10) days
foliowing the date of the decision
according to the above described
procedure.
s/RAMON A.DIAZ
I certify (or declare) under penalty of perjury that ! Director of Environmental
I Services 1
the foregoing is true and correct. Published December 20,1980
Dated at Palm Springs, California this ... day
of ... ....De.Ceab-ex'------------------- 19----8Q
- ... .. . ..` -------- -- --------------------- ---
Signature
PROOF OF PUBLICATION
CITY OF PALM DESERT
STAFF REPORT
TO: Planning Commission
REPORT ON: Zoning Ordinance Amendment
APPLICANT: CITY OF PALM DESERT
CASE NO: ZOA 06-80
DATE: December 30, 1980
I. REQUEST:
Amendment to Municipal Code, Chapter 25.18, regarding conditionally permitted
uses in the R-2 zone (single family residential district).
II. BACKGROUND:
A. CASE INITIATION:
This amendment was initiated by the Planning Commission at the meeting
of December 2, 1980.
B. ENVIRONMENTAL ASSESSMENT:
The Director of Environmental Services has determined that the proposed
project will not have a significant adverse impact on the environment
and a Negative Declaration has been prepared.
III . DISCUSSION:
This case was initiated at the December . 2, 1980, meeting in order to
accompany ZOA 05-80 (amendment to R-3 zone) . If approved, this amendment
would permit, on a limited basis, professional office uses in the R-2 zone.
Controls are necessary to insure that the uses are compatible with adjacent
uses.
In order to achieve this compatibility, development standards of the zone
regarding setbacks, site coverage, etc. , should be applied to office uses.
Additionally, a one story height limit should be applied to insure compati-
bility with adjacent residential zones and uses. Further, location of any
such use should be limited to areas adjacent to commercial zones or existing
office uses. Using these safeguards will insure that the uses will be low
intensity and compatible with residential uses since it would be transitional
use between residential and commercial .
Staff sees that this amendment as an interim measure and not a permanent
provision. The General Plan Update will include a designation for professional
office uses which will coincide with those areas this amendment will apply to.
IV. STAFF RECOMMENDATION:
Based on findings and justification contained in draft Resolution:
Recommend approval to City Council of an amendment to Municipal Code
Title 25, Chapter 68, pertaining to conditionally permitted uses in the
R-2 zone (Single Family Residential District) by adoption of Planning
Commission Resolution No.
Ii
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 2, 1980
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
The regularly scheduled meeting of the Palm De ert Planning Commission was
called to order at 7:00 p.m. by Chairman Mill r in the City Hall Council
Chambers.
II. PLEDGE OF ALLEGIANCE - Commissioner Berke
III. . ROLL CALL
Members Present: Commissioner rkey
Commissioner cyder
Commissione McLachlan
Commission r Richards
Chairman iller
Staff Present: Ramon . Diaz, Director of Environmental Services
Stan wa, Associate Planner
John osSantos, Assistant Planner
Lin a Russell , Planning Secretary
Others Present: B rry McClellan, Director of Public Works
IV. APPROVAL OF MINUTES
A. Minutes of regu ar meeting of November 19, 1980.
Motion was made by Commissioner Berkey, seconded by Commissioner Kryder,
to approve the minutes a submitted. Carried unanimously (5-0) .
V. WRITTEN COMMUNI ATIONS - NONE
VI. PUBLIC HEARIN S
A. Case N s. C/Z 03-80 and CUP 17-80 - J. CAMERON ALLARD AND BALLEW/
MCFAR AND, Applicants.
Re est for approval of a Pre-annexation Change of Zone
fr m R-1 12,000 (Riverside County, Single Family Resi-
ntial , 12,000 sq.ft. minimum lot size) zone to R.M.
Mobile Home) or. other zone as deemed appropriate, and
a Conditional Use Permit to allow the development of a
646 unit mobile home subdivision and 13 acres of commer-
ial uses on 165.5 acres located in the northwest quarter
of Section 4, Township 5, Range 6, east San Bernardino
Base.
Mr. Diaz noted a letter was .received by the applicant requesting a continuance
to J nuary 1981. . He stated that Staff concurred with the continuance.
o d by Commissioner McLachlan,
to continue this case to January 1981. Carried unanimously (5-0).
B. Continued Case No. ZOA 05-80 - CITY OF PALM DESERT, Applicant
Request for initiation of an Amendment to Municipal Code
Chapter 25.20, regarding conditionally permitted uses in
the R-3 (Multifamily Residential District) zone or other
zone.
Mr. Diaz presented this case explaining that it was continued from the last
meeting for further study. He stated Staff's recommendation was to amend the R-2
and R-3 zones to allow offices with conditional use permits. Mr. Diaz stated it
would be necessary to readvertise, therefore, requested a Public Hearing on this
amendment for December 30, 1980.
MINUTES
PALM DESERT PLANNING COMMISSION MEETINC
DECEMBER 2, 1980 Page Two
``VI. PUBLIC HEARINGS (cont.)
/!l Motion was made by Commissioner Berkey, seconded by Commissioner Richards,
to continue the proposed amendment to December 30, 1980. Carried unanimously (5-0).
C - LM DESERT, Applicant
Request for initiation of Change of Zone from R-2, S.P.
(Single Family Residential , one unit per 4,000 sq.ft. of.
lot area, Scenic Preservation Overlay) zone to R-3, S.P.
Multifamily Residential , one unit per 2,500 sq.ft. of
1 t area, Scenic Preservation Overlay) or other zone deemed
ap ropriate on the west side of Monterey Avenue between
Ra ho Grande and Park View Drive.
Mr. Diaz resented this case statingthat Staff was recommending withdrawal
indefinitely for he following reasons: 1) Possible modification of proposed
ZOA 05-80; 2) Rez ing would not change density; 3) General Plan Update might require
rezoning. Mr. Dia noted a petition was submitted by Mr. William Wilson, objecting
to this zone change
There was a b ief discussion on the matter of office/professional zones
being considered duri g the General Plan Update.
Chairman Miller pened the Public Hearing asking if anyonw wished to speak
in FAVOR or OPPOSITION o this case.
MR. BILL WILSON, 4 -144 Acacia, stated he would rather see offices built in
this area rather than a zo a change to R-3. He asked if there could be apartment
complexes built in this ar
Mr. Diaz replied that there could under the present zoning.
Chairman Miller closed he Public Hearing.
Minute Motion was made b Commissioner Richards, seconded by'Comnissioner
Kryder, to withdraw this case. arried unanimously (5-0). _..
D. Case Nos. CUP 10-77 ( ndment) and 139 C - PORTOLA COUNTRY CLUB
HOMEOWNERS ASSOCIATION, pplicants
Request for an amendment o an approved Conditional Use Permit
to allow an existing mobil home lot adjacent to the clubhouse
of Portola Country Club to a used as a parking lot within the
RM (Mobile Home) zone, loca ed on the east side of Sutter Mill
Road, 100 ft. north of Quick ilver Drive.
Mr. Sawa reviewed the staff report nd illustrated on the map how the design
of the parking would be. He stated .that De ign Review Board did review this case
and approved it; Staff recommended approval .
Chairman Miller opened the Public Hear ng and asked for the applicant to
make a presentation.
MR. JACK LAWSON, 74-376 Gary Avenue, Port la Country Club, requested approval .
Commissioner Richards asked Mr. Lawson if had just recognized the need for
more parking.
Mr. Lawson replied that he did and explained at the parking was presently
very crowded for the residents.
Chairman Miller asked if anyone present wished t speak in FAVOR or OPPOSITION
to this case. There being none, the Public Hearing was losed.
PROOF OF PUBLICATION
(20109 2015,5 GCP)
PROOF OF PUBLICATION OF SAN� b �g81
Ep1V1R�NNIEPA`M pESE�ts
C1SV OF
R-2 ZONE DIST.
ZOA 06-80
I am a citizen of the United
States and a resident of the
County aforesaid; I am over the
age of eighteen years and not
a party to or interested in the
above entitled matter. I am the
principal clerk Of the printer CIT LEGALALM NOTICE DESERT
INITIATION BY THE PALM.
of PALM DESERT POSTS a newpaper of DESERT PLANNIN&COM-
MISSION OF A ZONING
general circulation# printed ORDINANCE AMGN6
MENT RELATIVE T ON-
and Published daily in the DITIONALLY PERMIT-gzED
USES IN THE R-2 aZRHE
city of Riversides County of DISTRICT N. L
CASE O. ZOA O&W'.
Riverside# and which newspaper NOTICE IS HEREBY;1IV-
EN that a Public Hearin&mll
has been adjudged a newspaper of be held before the Polm-De-
general circulation by the sort Planning cluestCoMml by- to
consider i reouest SIOn to
PALM DESERT PLANNIING
Superior Court of the County Of COMMISSION of on AMerI�
ment to MbniclDDl Cod �+hop-
Riversides State of California# ter 25.18. regarding-c Ffion-
ally permltted uses in y# R-2
under date of October 5# 1964s sin le-fain liv Resl lntial
District) zone. 4
Case number 83658; that the SA I D PublicNeoFlAU�wvnl be
held on December 3pI 19y0, at
notice# of which the annexed is 7.00 D.M. In the Cl fµ Hall
Council Chambers; d5-275
a printed copy# has been published Prickly Pear Lone, P Ir De
in each regular and entire issue ;tl'plal a�IDinterest "per
of said newspaper and not in any sons ore Invltgtl to attend and
y proposaldwlliI amentl�iOh?qe ion
supplement thereof on the following In ord(nonce relotivelocon-
dates to-wit: ttall I h R2l�ioneDistrictuses in
RAMON A. DIAZ secretary
PALM DESERT-PLANNING
COMMISSION
12/.18 0980 _ _ -PDP-12/18,
I Certify_ (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated December 189 1980
at Riversides California
-------- - ----------
CITY OF PALM DESERT
(ZRLi1Zv off 21Dm.1Lnm
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260
TELEPHONE (714) 346-0611
NOTICE OF PREPARATION
OF A
"DRAFT" NEGATIVE DECLARATION
The Director of Environmental Services has determined that the following listed
projects will not have a significant adverse impact on the environment and that
a Negative Declaration should be adopted:
CASE NO. ZOA 06-80
INITIATION BY THE PALM DESERT PLANNING COMMISSION OF A
ZONING ORDINANCE AMENDMENT RELATIVE TO CONDITIONALLY
PERMITTED USES IN THE R-2 AND R-3 -ZONE DISTRICTS.
An appeal from this determin&tion may be made to the City Council within ten (10)
days of the date of posting of this public notice by filing an appeal in accordance
with Resolution No. 80-89 with the Department of Environmental Services located at
45-275 Prickly Pear Lane, Palm Desert, California. If no appeal is filed within
the said time, this determination shall become final .
The reviewing body shall then approve or disapprove the Negative Declaration in
their action preceding approval of the project. An appeal to a Planning Commission
decision may be made to the City Council within ten (10) days following the date
of the decision according to the above described procedure.
�5
ARAM DIAZ
DI CTOR OF ENVIRONMENTA SERVICES
Date of Public Notice =gCD
Date Appeal Period Expires
METHOD OF NOTICING:
Posting
Mailing to owners of property within 300'
V/ Publication in newspaper
Other mailing (agencies and other persons requesting notice)
Gt�� (z2)0
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260
TELEPHONE (714) 346-0611
December 11, 1980 CITY OF PALM DESERT.
LEGAL NOTICE
INITIATION BY THE PALM DESERT PLANNING COMMISSION
OF A ZONING ORDINANCE AMENDMENT RELATIVE TO CONOI-
TIONALLY PERMITTED USES IN THE R-2 ZONE DISTRICT.
CASE NO. ZOA 06=80
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider a request by the PALM DESERT PLANNING COMMISSION
of an Amendment to Municipal Code, Chapter 25.18, regarding conditionally permitted
uses in the R-2 (Single-family Residential District) zone.
SAID Public Hearing will be held on December 30, 1980, at 7:00 p.m. in the City
Hall Council Chambers; .45-275 Prickly Pear Lane, Palm Desert, .California, at
which time and place all interested persons are invited to attend and be heard.
If approved, this proposal will amend the Zoning Ordinance relative to conditionally
permitted uses in the R-2 Zone District.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
December'18, 1980