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HomeMy WebLinkAboutZOA 07-02 HELIPADS 2007 � 1 "4® �r �1 0 \\ �� �•.rif .-rr1 4 1 n C a w '" 1- < O < -< O z D . - m muo r- oo ID "i v �O — 'ate mO O Na m ° dam Ro lN1 mxm n zA ' ; ` � a = z v L.+ n � m n m10 A O� o O N z o v O s o 0 0 o N z o n o N O0 -1 14 N N < ' to tXi N N m ° __. o a Fr _° z o ^ ' m ol m Z a O o O C �D n VQ n O m JO .' z „ > > no o N m a =r d O � d n �...... v o w 3 a � m d � a I1 m a -1 7° '- � r o d a c m 0 n < V ° O rrl t/ Q < < z —) v m v+ ?r p O vm D D rn a m n O C O z �[ o a z nn n m � � t II NOTICE OF EXEMPTION ~ TO: ❑ Clerk of the Board of Supervisors FROM: City of Palm Desert or ® County Clerk 1. Project Title: Revisions to Title 25 Zoning,adding and amending Chapter 25.64 Temporary Use Permits allowing helicopter landings 2. Project Location—Identify street address and City of Palm Desert,California cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. (a) Project Location—City: Palm Desert,California (b) Project Location—County: i Riverside 4. Description of nature,purpose,and beneficiaries Revisions to Title 25(Zoning)of the Palm Desert of Project: Municipal Code adding and amending Chapter 25.64 Temporary Use Permits 5. Name of Public Agency approving project: City of Palm Desert 6. Name of Person or Agency carrying out project: City of Palm Desert i 7. Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. (c) ❑ Emergency Project. (d) ® Categorical Exemption. 15061, subd(b)(3) State type and class number: (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 8. Reason why project was exempt: No possible significant impact on the environment 9. Contact Person: Lauri Aylaian,Director of Community Development Telephone: (760)346-0611 ext.481 10. Attach Preliminary Exemption Assessment(Form"A")before filing. Date Received for Filing: Sig ature(Lead Agency Representative) (Clerk Stamp Here) _0 r4"( J a,g4" .Aun('� DIJef Title -T JTB\21589. 1\CITY\2006 FORM"B" PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) I. Name or description of project Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Commercial,Industrial,and Public/institutional zones including C-1, address and cross streets or attach a P.C., S.I. and P(see attached zoning map) map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061,subd(b)(3) Applicable Exemption Class: j No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency,which constitutes the Lead Agency. Name of Lead Agency: Date: �- Staff: PEA ZOA 07-02 FORM"A" W A• 'R N I N G VNION 6ANK OF'CAIIFORNIA . 1 4J67O6{: THE TREASURER OF THE VERIFY THE SECURITY FEATURES ON THIS 73-785 EL PASEO O DOCUMENT. THEY INCLUDE AN ARTIFICIAL PALM DESERT,CA 92260 , WATERMARK ON THE BACK,HOLD AT AN [�'�7I p p OIAPPEARS- 16-4911220 it .+�ll \y/,,711111 Dr.11l� ANE TO VIEW;AND VOID 0N W IIIJJJ �J FACE OF DOCUMENT WHEN COPIED. 73$10 FRED,WARING DRIVE :PALM DESERT CA 9226066 P60i 36 Z611 AMOUNT DATE If-02-2007 4.00 S PAY SIXTY FOUR AND 00/100 DOLLARS • TO THE ORDER OFs RIVERSIDE'-COUNTY'tERK/RECORDR P.O:" BO$,751 MA RIVERSIDE CA,-92502-0751 L-7 11114, Lq T A j ._----------------- AIMS tlICROPRIMING n• i436 706,11 1: L 2 2000 4 9 61: 21 ?000046611'CITY OF PALM DESERT PLEASE DETACH BEFORE DEPOSITING INVENTORY NO. 14.36706 VOUCHER P.O. ITEM DESCRIPTION INVOICE AMOUNT 004037 ZOA 07-02 FILING .FEE FILING FEE 64 .00 TOTAL $*********64 .00 i NOTICE OF EXEMPTION f(�� u RIVOE TO: ❑ Clerk of the Board of Supervisors FROM: City of Palm Desert NOV 07 ZOO] or CARRY W.WARD.CLERK ® County Clerk gym r Deputy 1. Project Title: _ Revisions to Title 25 Zoning, adding and amending Chapter 25.64 Temporary Use Permits allowing helicopter landings 2. Project Location—Identify street address and City of Palm Desert, California cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): 3. (a) Project Location—City: Palm Desert,California (b) Project Location—County: Riverside 4. Description of nature,purpose,and beneficiaries Revisions to Title 25 (Zoning) of the Palm Desert of Project: Municipal Code adding and amending Chapter 25.64 Temporary Use Permits UuN I Y GLtRK •eu Declaration/Ntc Determination 5. Name of Public Agency approving project: City of Palm Desert riled PPOSTED 6. Name of Person or Agency carrying out project: City of Palm Desert a 11 77nni 7. Exempt status: (check one) r] — (a) ❑ Ministerial project. (b) ❑ Not a project. c;ounYy of riive �sie State of Ca fti"r a (c) ❑ Emergency Project. (d) ® Categorical Exemption. j 15061, subd(b)(3) State type and class number: j (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 8. Reason why project was exempt: No possible significant impact on the environment 9. Contact Person: Lauri Aylaian,Director of Community Development Telephone: (760) 346-0611 ext.481 10. Attach Preliminary Exemption Assessment(Form"A")before filing. Date Received for Filing: � Sig afore(Lead Agency Representative) (Clerk StamPRE(3 1p-��NIW{ D l i r4,* r7 CZNnVAUA DyI Title .- DEC 18 2W :ONNONITY DEVELOPMENT DEPART1rW CITY OF PALM DXffl* PPBU1589. 1\CITY\2006 FORM `B" PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Commercial,Industrial,and Public/Institutional zones including C-1, address and cross streets or attach a P.C.,S.I. and P (see attached zoning map) map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061, subd(b)(3) Applicable Exemption Class: No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency,which constitutes the Lead Agency. Name of Lead Agency: Date: Zjf7-'LIT Staff: PEA ZOA 07-02 FORM "A" STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT Receipt# 200701289 Lead Agency: CITY OF PALM DESERT Date: 11/07/2007 Count,Agency of Filing: Riverside Document No: 200701289 Project Title: REVISIONS TO TITLE 25 ZONING, ADDING&AMENDING CHAPTER 25.64 Project Applicant Name: CITY OF PALM DESERT Phone Number: Projec,ApplicantAddress: 73-510 FRED WARING DR PALM DESERT CA 92260 Project Applicant: Local Public Agency CHECK APPLICABLE FEES: ❑Environmental Impact Report ❑Negative Declaration ❑Application Fee Water Diversion(State Water Resources Control Board Only) ❑Project Subject to Certified Regulatory Programs X❑County Administration Fee $64.00 ❑Project that is exempt from fees(DeMinimis Exemption) ©Project that is exempt from fees(Notice of Exemption) Total Received $64.00 Signature and title of person receiving payment: Notes: NOTICE OF EXEMPTION ,D TO: ❑ Clerk of the Board of Supervis°� (�'� 1[2 4 ity of Palm Desert If ��li or Rj li 1 NOV 07 2007 ® County Clerk �QV it LARRY W.WARD,CLE K Meyer MUNI'C'l flEVELOPME ESERTAR Deputy I. Project Title: Revisions to Title 25 Zoning,adding and amending Chapter 25.64 Temporary Use Permits allowing helicopter landings 2. Project Location-Identify street address and City of Palm Desert, California cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. (a) Project Location-City: Palm Desert, California (b) Project Location-County: Riverside 4. Description of nature,purpose, and beneficiaries Revisions to Title 25 (Zoning)of the Palm Desert of Project: Municipal Code adding and amending Chapter 25.64 Temporary Use Permits vurvi tNit'n�tp.Tfrina Senn 5. Name of Public Agency approving project:enc City of Palm Desert riled per P R.C. 2115P ow n 6. Name of Person or Agency carrying out project: City of Palm Desert n�I 7. Exempt status: (check one) (a) ❑ Ministerial project. a."o ec - ?ror (b) ❑ Not a project. (c) ❑ Emergency Project. (d) ® Categorical Exemption. 15061,subd(b) (3) State type and class number: (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 8. Reason why project was exempt: No possible significant impact on the environment 9. Contact Person: Lauri Aylaian,Director of Community Development Telephone: (760)346-0611 ext.481 10. Attach Preliminary Exemption Assessment(Form"A")before filing. Date Received for Filing: Si at/u�re(Lead Agency Representative) y, (Clerk Stamp Here) 1V��p!i10( r7 � ��WtU Ate' DAP(.• Title JTB\21589. I\CITY\2006 FORM'B" y PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Commercial,Industrial, and Public/Institutional zones including C-1, address and cross streets or attach a P.C.,S.I. and P(see attached zoning map) map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061, subd(b)(3) Applicable Exemption Class: I No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency, which constitutes the Lead Agency. Name of Lead Agency: Date: (jD•�e Staff: PEA ZOA 07-02 FORM "A" NOTICE OF EXEMPTION TO: ❑ Clerk of the Board of Supervisors FROM: City of Palm Desert or ® County Clerk 1. Project Title: I Revisions to Title 2 111ter25.64 Temporary Us 2. Project Location—Identify street address and City of Palm Desert, cross streets or attach a map showing project site (preferably a USGS 15'or 7 1/2' topographical map identified by quadrangle name): 3. (a) Project Location—City: Palm Desert, California (b) Project Location—County: Riverside 4. Description of nature,purpose,and beneficiaries Revisions to Title 25 (Zoning)of the Palm Desert of Project: Municipal Code adding and amending Chapter 25.64 Temporary Use Permits 5. Name of Public Agency approving project: City of Palm Desert 6. Name of Person or Agency carrying out project: City of Palm Desert 7. Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. (c) ❑ Emergency Project. (d) ® Categorical Exemption. 15061, subd(b) (3) State type and class number: (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 8. Reason why project was exempt: I No possible significant impact on the environment 9. Contact Person: Lauri Aylaian, Director of Community Development Telephone: (760)346-0611 ext. 481 10. Attach Preliminary Exemption Assessment(Form"A")before filing. Date Received for Filing: Sig azure(Lead Agency Representative) (Clerk Stamp Here) OC rtf.,1 e( a 4Z.,V% AU I -J Title JTB\21589. 1\CITY\2006 FORM`B" I PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Commercial,Industrial,and Public/Institutional zones including C-1, address and cross streets or attach a P.C., S.I. and P(see attached zoning map) map showing project site(preferably a USGS 15'or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061, subd(b)(3) Applicable Exemption Class: No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency,which constitutes the Lead Agency. Name of Lead Agency: Date: •W Staff: PEA ZOA 07-02 FORM"A" I '77< ' ` "• W A 'R N I N G UNION BANK Or CALIFORNIA' 14367M THE TREASURER OF THL VERIFY THE SECURITY FEATURES ON THIS 73 ,85 EL PASEO ♦!,, DOCUMENT. THEY INCLUDE AN ARTIFICIAL PALM DESERT,CA 92260 '�nI /\�� WATERMARK ON THE BACK,HOLD AT AN a � [J lJ(lL"OD I6 a9/12P0 ANGLE TO VIEW,AND VOID APPEARS ON .� FACEOF DOCUMENT WHEN COPIED 73-510 FRED•WARIND DRIVE :;PALM DESERT,CA 92T60. 176013!i6 a I t >- i AMOUNT. ;y < DATE 11=02-2007 $*•**.•.:+*64 00 r' •w3 .. >. • _ _ ,PAY SIXTY FOUR ANp 00/100-DOLLARS` a} TO THE ORDER OF., x RIVERSIDEE COUNTY"CLERK/RECORDR P.Q:""BOX`,751�° MA RIVERSIDE ,CA 92502 0751 n ' _ 6oRoe uw5 mcaovmrmxc _ R' 1436 ?0P30 i: i220004961: 200000466no CITY OF PALM DESERT PLEASE DETACH BEFORE DEPOSITING INVENTORY NO. 1436706 VOUCHER P.O. ITEM DESCRIPTION INVOICE AMOUNT 004037 ZOA 07-02 FILING .FEE FILING FEE 64. 00 TOTAL $*********64.00 QS ORDINANCE NO. 1144 �1 Y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS WITH A TEMPORARY USE PERMIT ONLY WITHIN COMMERCIAL, INDUSTRIAL AND PUBLIC / INSTITUTIONAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of October, 2007, hold a duly noticed public hearing to consider approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within commercial, industrial and public / institutional zones in the city; and WHEREAS, the Planning Commission on September 18, 2007, has recommended approval to the City Council by adoption of its Resolution No. 2456; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 Case No. ZOA 07-02, as delineated in the attached Exhibit A, is hereby approved. 3. That 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. w • y ORDINANCE NO. 1144 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of October , 2007, by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE c RD S. KELLY, MAY ATTEST: RACRE LE D—KLASSEW CITY CLERK CITY OF PALM DESERT, CALIFORNIA I 2 ORDINANCE NO. 1144 EXHIBIT 'A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter" means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or { other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 e4* of a6m *,jeflt Council Agenda Request 4 1 Meeting of October 11, 2007 1. To be considered under: Consent Calendar ❑ Resolutions ❑ Ordinances ❑ New Business ❑ Old Business ❑ Informational Items ❑ Public Hearings ® Other ❑ 2. Item Title: (Please provide the wording that should appear as the item's title on the agenda). Request for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports helicopter fields and helistops with a temporary use permit within non-residential zones in the city. 3. Financial: (N/A) (a) Account/Project# (b) Amount Requested (c) In the Current Budget? (d) Appropriation Required? 4. Submitted by: Lauri A laian 5. Approvals: Department Head: ACM for Development Services: Lauri Aylaian H6nibrCroy City Manager: Finance Director: Carlos L. Ortega Paul Gibson CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 to allow Heliports, Helicopter Fields and Helistops with a Temporary Use Permit only within non-residential zones in the city. SUBMITTED BY: Lauri Aylaian Director of Community Development CASE NO: ZOA 07-02 APPLICANT: City of Palm Desert DATE: October 11, 2007 CONTENTS: Draft Ordinance Amendment Legal Notice Notice of Exemption Preliminary Exemption Assessment Correspondence Planning Commission Meeting Minutes of September 4 and 18, 2007 Planning Commission Resolution No. 2456 Recommendation: That the City Council, by Minute Motion, approve a Notice of Exemption and waive further reading and pass to second reading adoption of Ordinance No. approving an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 to allow Heliports, Helicopter Fields, and Helistops with a Temporary Use Permit only within non- residential zones in the City. Executive Summary: Approval of the staff recommendation would pass to second reading an amendment to the Zoning Ordinance allowing Heliports and Helistops with a Temporary Use Permit in non-residential zones in the City. The existing Zoning Staff Report October 11, 2007 Page 2 of 2 Ordinance does not explicitly allow helicopter landing pads; therefore they are prohibited by the Zoning code. The amendment will only allow landings as a temporary use within in non-residential zones. Discussion: In response to a request from the Planning Commission, staff presented a Zoning Ordinance Amendment to the Commission on September 4, 2007. The amendment prohibited helicopter landing fields, heliports, helistops, and similar facilities within residential zones. The City of Palm Desert's Municipal Code does not address helicopter landings, which makes the landing of helicopters for non- emergency reasons prohibited. The Planning Commission reviewed the proposed ordinance modification and requested that it be revised to permit such landing areas only with a Temporary Use Permit and only in non-residential zones. Based on this input, staff worked with the City Attorney and prepared an amendment to allow heliports, helicopter landing pads, and helistops with a Temporary Use Permit in non-residential zones only. These zones include General Commercial, Planned Commercial, Service Industrial, and Public Institution. Heliports and helistops in residential zones would remain prohibited. The modification to the ordinance, attached hereto, was unanimously approved by the Planning Commission on September 18, 2007. Environmental Review: The proposed amendment to the Zoning Ordinance has no potential for causing a significant impact on aesthetics, agricultural, biological, or cultural resources, geology or soils, water quality, land use, mineral resources, public services, recreation, traffic utilities, hazardous materials or other environmental considerations. Therefore, the project is categorically exempt from CEQA and no further review is necessary. Prepared by: LAURI AYLAIAN YDirectoromm Development HO R CRO CARLOS L. ORTEGA ACM for De ment Services City Manager G?Planning\Tanya Monroe\word tiles\City Cwn<II Staff Reports=A 07-02 1611-07 Helicopter OMinanmAW ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS WITH A TEMPORARY USE PERMIT ONLY WITHIN COMMERCIAL, INDUSTRIAL AND PUBLIC / INSTITUTIONAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of September, 2007, hold a duly noticed public hearing to consider approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within commercial, industrial and public / institutional zones in the city; and WHEREAS, the Planning Commission on September 18, 2007, has recommended approval to the City Council by adoption of its Resolution No. 2456; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 Case No. ZOA 07-02, as delineated in the attached Exhibit A, is hereby approved. ORDINANCE NO. 3. That 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. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. EXHIBIT "A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter" means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 CITY Of � d1M OESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346—o6ii FAX: 760 341-7o98 info@palm-dc ert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Notice of Exemption and a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and helicopter landings with a temporary use permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 11, 2007, at 4:00 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. 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California NOTICE OF EXEMPTION TO: ❑ Clerk of the Board of Supervisors FROM: City of Palm Desert or ® County Clerk 1. Project Title: I Revisions to Title 25 Zoning,adding and amending Chapter 25.64 Temporary Use Permits I 2. Project Location—Identify street address and City of Palm Desert, California cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. (a) Project Location—City: Palm Desert, California (b) Project Location—County: Riverside 4. Description of nature,purpose, and beneficiaries Revisions to Title 25 (Zoning)of the Palm Desert of Project: Municipal Code adding and amending Chapter 25.64 i Temporary Use Permits 5. Name of Public Agency approving project: City of Palm Desert 6. Name of Person or Agency carrying out project: City of Palm Desert 7. Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. (c) ❑ Emergency Project. (d) ® Categorical Exemption. 15061, subd(b)(3) State type and class number: (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 8. Reason why project was exempt: No possible significant impact on the environment 9. Contact Person: Lauri Aylaian,Director of Community Development Telephone: (760)346-0611 ext.481 I 10. Attach Preliminary Exemption Assessment(Form"A")before filing. Date Received for Filing: 7 Signature(Lead Agency Representative) t (Clerk Stamp Here) D C rer.'tar os< Title JTB\21589. 1\CITY\2006 FORLM`B" PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) I. Name or description of project: Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Commercial, Industrial, and Public/Institutional zones including C-1, address and cross streets or attach a P.C.,S.I. and P(see attached zoning map) map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name j (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)"has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061,subd(b)(3) Applicable Exemption Class: No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency, which constitutes the Lead Agency. Name of Lead Agency: Date: VL-T Staff: PEA ZOA 07-02 FORM"A" °kL u 0 0 "0 0 � I I ON ww ° ;l � e ► I �� C II 1 1 IRONWOOD COMMUNITY ASSOCIATION 49220 Quercus Lane - Palm Desert, CA 92260 SEP I a 2W7 September 12, 2O07 :ou+su. ,c ,r.,rz•. ;ss:,, _..vONT CITY OF PALat 085ERT Palm Desert Planning Commission City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Helicopter Zoning Rules Dear Planning Commission: I am writing this letter on behalf of the 1066 homes and homeowners in the Ironwood Community. We understand you are considering actions which would prohibit helicopter-friendly facilities in residentially zoned areas. We in Ironwood totally support a ban on helicopter landings in and over residential areas except, of course, for emergency, safety, and police reasons. This past March-June time period seemed to bring many helicopters nearby to our community, mostly toward Bighorn, but I am not sure why. There was at least one landing at the Hagadone compound, and others seemed to be sightseeing or perhaps were realtors with clients. Whatever their purpose, these flights were intrusive and noisy and we had numerous complaints from homeowners. Buzzing helicopters violates the integrity of our residential neighborhoods and we strongly urge you to ban such activities. Thank you for your consideration. � Lawrence T. Sutter A� President Ironwood Community Association P.O. Box 4772 * PALM DESERT, CA 92261-4772 * (760) 346-1161 * FAX (760) 346-9918 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 establishments we have in the city, but she would be glad to look at the numbers and the numbers per capita and compare that with the other valley cities. She noted that there would obviously be more massage and day spas here than in another city that isn't resort oriented, but for interest, they could take a look at Palm Desert compared with Palm Springs, Indian Wells, and other valley cities to see where we measure up and will bring that information back to the Commission. Commissioner Limont thanked her. Commissioner Tschopp said his comment would be on the other side of the fence on that. When he was in banking, he always thought there were too many banks and it would be nice to keep others out. He said that as long as it's a good, legitimate, well-run business, we should welcome it to the city. He thought this location works well across from A.G. Edwards. He was in favor of it and he didn't think they could keep out competition. Commissioner Schmidt was also in favor of the application before them, but she would like them to work a little on definition, because day spa to her indicates that the facilities have bathing facilities, showers, dressing rooms and that sort of thing. Massage is just what had been presented. If there isn't a differentiation in our ordinance, perhaps we should have that because they really are two different animals. Chairperson Campbell concurred with Commissioner Tschopp. They couldn't discriminate against massage parlors, how many hair dressers there are, how many shops, etc. She was happy to see that this was one open room and not individual rooms. She asked for a motion. Action: It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting the findings as presented by staff. Motion carded 5-0. It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting Planning Commission Resolution No. 2454 approving Case No. CUP 07-09, subject to conditions. Motion carried 5-0. +*b E. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 16 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. Ms. Aylaian explained that the proposed revisions to Title 25 are the result of the request of the Commissioners at the July 3, 2007 meeting. It was reported that there were complaints of helicopter activity over residential areas, in particular over the south end of the city. The City Attorney was asked to draft certain prohibitions for the residential zones. The ordinance before them responds to that request. She stated that helicopter landings and helicopter landing pads have never been a specifically permitted use in any residential zone, but the code has been silent to the issue. What they were doing didn't technically change the ordinances in place, it just gave it more clarity. In each residential zone, they determine that where a use is not specifically permitted, it is prohibited. Theyjust didn't mention anything about helicopter landings. This proposes explicit language for each residential zone prohibiting helicopter landing pads in those zones. She asked for any questions. Chairperson Campbell asked who made the complaints. Ms. Aylaian didn't know the specific individuals, but knew there were complaints from Ironwood Country Club and believed the helicopter activity was over Bighorn and Ironwood. She did get complaints directly from the Bighorn Institute, so she was aware of those, but didn't know the specific residents who made the complaints over Ironwood. Chairperson Campbell asked for confirmation that the Bighorn Institute has its own helicopter. Ms. Aylaian believed that the Department of Fish & Game, if she understood the relationships between the agencies correctly, the Department of Fish & Game is required to once a year or on a periodic basis take a count and actually identify locations of each bighorn sheep and they do fly over for counting purposes. She believed they also are required to respond if any of the radio-collared animals show no activity for a period of time to see if the animal has been hurt. She thought helicopters might be used by the Department of Fish & Game to check on those animals. So yes, associated with the Institute, there is helicopter use. Commissioner Tschopp noted that this restricts it to residentially zoned properties. Ms. Aylaian concurred. Commissioner Tschopp asked if that meant helicopters could land on commercial buildings or commercially zoned properties. Ms. Aylaian said in the ordinance right now there is no specific prohibition. In fact, they have granted temporary use permits for a fund raiser 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 that involves landing a helicopter with a celebrity or someone at a golf tournament and didn't believe there was any specific prohibition on helicopter use in commercial areas. Commissioner Tschopp asked if that was something they should think about incorporating or think about while looking at it. Ms. Aylaian said it was up to the Commission. If there is a perception that we're having a problem or if we're receiving complaints, they could come up with some suggested language. They might have to think about it to determine if there would be needs. Obviously they didn't have emergency medical facilities in the city that require helicopter landings, but they should think about other places where they might want commercially viable helipads. Commissioner Tanner asked if there would be any legal liabilities for the City for any existing heliports if they change the ordinance. Mr. Hargreaves stated that our position is that it has never been a permitted use and they are just clarifying the situation. He wasn't aware of any specific circumstances. If any circumstances arise, they would be evaluated at that time. Commissioner Tanner asked if there was an issue with helicopter travel and landing in Bighorn. Commissioner Schmidt said yes. In the community in which she lives, they tracked it on a regular basis and they could almost tell time on the comings, goings and landings, particularly from one location. One of the other ones that Commissioner Tanner might be referring to is up in the Cahuilla Hills in the County. She asked if that meant they couldn't fly over the city. Mr. Hargreaves said the City could not regulate the overflight, that was in the federal jurisdiction. They can regulate uses on the ground. Commissioner Tanner asked about land in the County. Mr. Hargreaves said it was up to Riverside County to regulate. Commissioner Schmidt said that on Exhibit A, page 3 under helistop, the last part of the sentence talks about the meaning of helistop and then there is a comment, "but not including such an area used strictly for fueling service or any other maintenance of any kind." Mr. Hargreaves didn't know where that language came from. He thought the definition might have been pulled from another ordinance, but suggested that they could strike it at this point and revisit it before it gets to the City Council. If in fact there is some benefit for that language, it could be added back in. Commissioner Schmidt said that would be fine. Ms. Aylaian proposed that it be left in the definition of a helistop, because it was probably some sort of industry standard definition of helistop, but then in each of the zones, they could say that additionally helicopter fields, heliports, helistops, helicopter fueling and maintenance facilities and similar types of facilities are prohibited. That would insert back in that they can't have places to just land and refuel or a place to just work 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 on their helicopter. Commissioner Schmidt said her first choice would be to omit it, but understood where she was going and that was fine. Ms. Aylaian said they could take a look at it and if that is what the Commission would like to see, they could revise the language before going to the Council for consideration. Chairperson Campbell didn't see how they could dictate if people have a helicopter. Not everyone on the block is going to have property large enough to have something like that, that they can tell them no, you can't leave home or go to work by helicopter. It would be the same thing as depriving someone of using a motorcycle, or a car or whatever they wanted to use. Noise is noise. Everything makes noise. Airplanes idle. She asked how they could discriminate just because someone has a helicopter that they want to use every once in a while. Commissioner Schmidt thought Mr. Hargreaves said it very clearly, they aren't allowed at this time, so why encourage it. Commissioner Limont thought they were trying to have clarity the ordinance that is already in existence. Ms.Aylaian concurred. Commissioner Limont suggested,and also agreed with Commissioner Tschopp, that maybe they should also be looking at commercial zones as well, but maybe as a separate issue. Commissioner Limont thought this was a good first stab and suggested they send this to Council to start consideration for clarification for an ordinance that is already in existence. Chairperson Campbell said if it was already in existence, why some people already have these helicopter stops. They should have had a permit from the City. Commissioner Limont said that was correct, but one of the things they've learned is that some homeowners do things regardless of whether or not they do have a permit. She thought this helped the City to maintain a certain semblance of civility among the neighborhoods. As a person who received personal calls from neighbors, she was in favor of at least sending this to Council. Commissioner Tschopp noted that helicopters create a different noise then airplanes. Airplane noise is behind the plane and the blades of a helicopter create the whop whop sound coming directly down onto the ground, and to him was a very offensive noise. Right now, he thought there were too many helicopters and for the most part were probably police or something of that nature. He thought going over residential areas it should be regulated and that's why he thought they should also look at commercial zones and make sure they aren't leaving some door open for someone then to instead of landing on their property, move over a couple of spaces. That was his concern. 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 2007 Commissioner Schmidt thought one of the most regular fly over patterns, which this really doesn't address because she didn't think they land, is real estate being shown from the air, particularly in the Bighorn area. It was just constant during the season. There were probably a dozen flights per day. There was a Bighorn reserve up there and they weren't supposed to be spooking the sheep with helicopters. And helicopters hover. They don't just fly over like an airplane, they stay put for long periods of time. Commissioner Tanner said they couldn't control that. Commissioner Schmidt agreed, but to discourage it is what they were calling attention to. That issue was already being addressed by the United States Government. Commissioner Limont asked if Commissioner Tschopp would be in agreement with sending the residential uses to Council and then addressing commercial. Commissioner Tschopp asked which was more efficient. If they could look at it at the next meeting and incorporate it at the next meeting, he would be in favor of holding it up for a month or so. Commissioner Limont questioned if they were separate issues. For commercial purposes, Mr. Bagato suggested that maybe it could be allowed as a special event. There have been requests for special events and staff talks to the special events people, the police department, but he would advise allowing a special permit rather than just prohibiting it. Once in a while there will be special events that would require them and maybe limit the number of them rather than outright prohibiting them. Commissioner Tschopp clarified that he wasn't saying prohibiting them, but it might be a good time to incorporate it at one time and deal with it once. They could incorporate commercial landings as a special event. Chairperson Campbell asked if he would like to continue the matter. Commissioner Tschopp said that would be his preference as opposed to doing it piecemeal, but he was just one voice. Ms. Aylaian said they could come back at the next meeting and address both the language regarding the helistop and also address the use in commercial areas such that a temporary use permit or special permit be required in commercial areas. Chairperson Campbell asked if Commission would like a continuance until the next meeting or a whole month. Commissioner Schmidt wasn't interested in delaying it for any amount of time. It is a serious issue for those that live on the hillside. Commissioner Limont agreed. Commissioner Schmidt thought these were different. Commercial was one aspect and residential another. She urged them to go ahead with the residential portion, which seemed to be in good order and instruct staff and the City Attorney to prepare as soon as possible the commercial version. 20 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Chairperson Campbell said she would be in favor of a continuation. Commissioner Tschopp said he would make a motion to continue it to the next meeting if that was sufficient time. Ms. Aylaian said she was just discussing with the City Attorney as to whether or not they needed to renotice the item because they noticed it for helicopter landings in residential zones. She thought they were good with just continuing it to the next meeting to a date certain. If it was approved or recommended by the Commission, then when they went to the City Council they would notice it for all zones. Commissioner Schmidt asked for clarification that the continuance would be to the next meeting. Ms. Aylaian concurred. Commissioner Tanner asked if verbiage regarding commercial was going to be included. Ms. Aylaian said yes, that was staffs intent. Commissioner Tanner said he would second the motion. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, by Minute Motion, continuing Case No. ZOA 07-02 to September 18, 2007. Motion carried 4-1 (Commissioner Schmidt voted no). IX. MISCELLANEOUS A. Discussion of Proposed Amendment to the Valet Parking Ordinance - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 10 (Vehicles and Traffic) of the Palm Desert Municipal Code revising Chapter 10.50 Valet Parking to change the procedures for issuance of valet parking permits and to revise the penalties for failure to comply with requirements of the ordinance. Ms. Aylaian explained that this issue peripherally relates to land use and zoning, so it was brought to Planning Commission. She noted that it doesn't require a public hearing because technically it isn't Title 25 Zoning, it is under Title 10. Nonetheless, staff expected that the Council would want to hear the recommendation of the Planning Commission. Ms. Aylaian indicated that the issuance and enforcement of valet parking permits has traditionally been performed by the Public Works Department. The ordinance itself was last 21 PLANNING COMMISSION RESOLUTION NO. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS AS A TEMPORARY USE PERMIT ONLY WITHIN NON-RESIDENTIAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day and 18th day of September, 2007, hold duly noticed public hearings to consider recommending to City Council approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within non-residential zones in the city; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 Case No. ZOA 07-02, as delineated in the attached Exhibit A, is hereby recommended for approval to the City Council. PLANNING COMMISSION RESOLUTION NO. 2456 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18"' day of September, 2007, by the following vote, to wit: AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE \ 4S—O—NIA MC— ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2456 EXHIBIT "A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter" means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 Legal Notice for 09/16/2007 Page I of 2 Monroe, Tonya From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Wednesday, September 26, 2007 11:11 AM To: Monroe, Tonya Subject: RE: New Legal Notice r, Ad received and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. (760)778-4578,Fax(760)778-4731 Desert Sun legi IsCthedesertsun.com & Desert Post Weekly dpwlegalsC'thedesertsun.com The Valley's #1 Source in News &Advertising! -----Original Message----- From: tmonroe@ci.palm-desert.ca.us [mailto:tmonroe@ci.palm-desert.ca.us] Sent: Wednesday, September 26, 2007 10:55 AM To: Moeller, Charlene Subject: New Legal Notice Hi Charlene! Here is a new legal notice for publishing. Thank you! Tonya Monroe, Administrative Secretary Department of Community Development (760) 346-0611 ext. 484 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Notice of Exemption and a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and helicopter landings with a temporary use permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 11, 2007, at 4:00 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 9/26/2007 Legal Notice for 09/16/2007 Page 2 of 2 =4 j 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California 9/26/2007 CITY 01 P III M OESERI 73-5io FRED WARING DRIVE PALM DESERT, CALIFORNIA 922.60-2578 TEL: 760 346—o6n FAX: 760 341-7098 info@paim-dcscrt.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Notice of Exemption and a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and helicopter landings with a temporary use permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 11 , 2007, at 4:00 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. 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California �"j mmonnmmrun CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02NOTICE IS HEREBY GIVEN that a public hearing will be h� .:ity Council to consider a Notice of Exemption and a zoning or Chapter 25.64 allowing helipads, helistops and helicopter landings w10V permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 11 , 2007, at 4:00 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. 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Notice of Exemption and a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and helicopter landings with a temporary use permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 11 , 2007, at 4:00 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. 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California CITY Uf PnlM DESERI .,•: 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 76o 346—o6u FAX: 760 341-7098 info@palm-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 20, 2007 City of Palm Desert Re: ZOA 07-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of September 18, 2007: PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF CASE NO. ZOA 07-02 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2456. MOTION CARRIED 5-0. 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. This item is tentatively scheduled for City Council public hearing on September 27, 2007. 11-5 Lauri Aylaian, Secretary Palm Desert Planning Commission /t m cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS AS A TEMPORARY USE PERMIT ONLY WITHIN NON-RESIDENTIAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day and 18th day of September, 2007, hold duly noticed public hearings to consider recommending to City Council approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within non-residential zones in the city; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 Case No. ZOA 07-02, as delineated in the attached Exhibit A, is hereby recommended for approval to the City Council. PLANNING COMMISSION RESOLUTION NO. 2456 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18"' day of September, 2007, by the following vote, to wit: AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE \ /ONIA M. CA/M�j"P(,BELL, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission t 2 PLANNING COMMISSION RESOLUTION NO. 2456 EXHIBIT "A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter' means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 s MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18 2007 Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2455 approving Case Nos. PP 07-01 and TPM 34567, subject to conditions as amended. Motion carried 5-0. B. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Continued public hearing from September 4, 2007, regarding recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning)of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. New public hearing requesting recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Ms. Aylaian indicated that at the last Planning Commission meeting, a new ordinance was introduced that would specifically prohibit helicopter landing pads and helicopter facilities in residential zones. The helipads and helistops are currently not permitted in residential zones or any where in the city. Because the Zoning Ordinance is silent to such facilities in residential zones, they are prohibited. Nonetheless, there was a desire that the prohibition be made explicit rather than implicit, so an amendment was proposed to specifically prohibit such facilities in residential zones. At the request of the Planning Commission, staff took another look at an approach for this. There was a direction that staff expand this such that landing facilities also be prohibited in commercial zones. Or if it was permitted, that it be permitted through a temporary use permit. So staff went back and revisited the whole issue and the current amendment to the Zoning Ordinance before the Commission took a different approach from the previous one. It addresses 12 I F MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 temporary uses in all zones. What it says is that heliports, helipads, and helicopter landing facilities are only permitted by issuance of a temporary use permit in commercial zones. Such facilities are not permitted in residential zones. This would allow the landing of helicopters in specific instances in commercial zones if a permit is issued as a staff level decision which does not require a public hearing or coming before the Planning Commission, but for an event such as a helicopter landing for a fund raising event, if staff and the director of the department review the application and determine that it does not compromise the health, safety or public welfare, then a special permit can be issued and a helicopter could land in a commercial zone. Otherwise, the prohibition on landing facilities in residential zones remains implicit and it is now explicitly says in commercial zones that no landing facilities are permitted unless a TUP has been issued. Commissioner Schmidt asked about the duration of temporary use permits. Mr. Bagato said temporary use permits are limited to ten days per property. For example, the mall could have a ten-day temporary use permit and Wal- Mart could have a ten-day temporary use permit. Every specific commercial location would be allowed ten days per year. For special events such as parking lot Christmas tree sales, temporary use permits are 30 days. Mr. Bagato thought helicopter TUP's could be on a case by case basis, or they could perhaps limit the number of landings per year as a whole citywide, but it is typically ten days per year for every commercial property. Commissioner Schmidt said if, as an example, someone had a golf tournament at Bighorn and the press wanted to get in there and there was a dignitary like the President,then that would be issued a one-time event and they would have the remaining days of the allowable ten days to do it again. Ms. Aylaian said it would be reviewed on a case by case basis, so if an application was made for the landing of a dignitary at Bighorn for a golf tournament, they would take a look at that and if staff felt it was appropriate, it would be approved for that one date and then technically, they could come back for another temporary use with an application still within the same calendar year. Commissioner Schmidt asked for confirmation that it is very implicit that temporary means exactly that, it is a one-time deal with some play to it. Ms. Aylaian said yes. Commissioner Schmidt asked about the different residential zones, since they have Sections 25.14, 15, 16, etc., but do not have 25.10, 25.12 or 25.21; 25.10 is agricultural. She asked if that meant they could land helicopters in unimproved agricultural zoning. Mr. Bagato said there was no longer any agricultural zoned land. Commissioner Schmidt asked about 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Sections 25.12 and 21. Ms. Aylaian said one was is second use housing occurring in residential zones and the other is for residential districts. Again, because the proposed zoning amendment calls that the TUP can only be issued for commercial, industrial or public institutional zones, it would exclude 25.12 and 25.21, both of which are residential. Commissioner Schmidt clarified that it was not necessary to add them. Ms. Aylaian said that was correct. Commissioner Schmidt said she just heard it said that a helicopter could not be landed in those places as well. Ms. Aylaian said that was correct. Commissioner Schmidt reiterated that it was not required to be spelled out. Ms. Aylaian didn't believe it was necessary, but it could be if the Commission requested it. Mr. Erwin stated that basically the Commission had before them two proposals; one was the original proposal which called out specific sections. What they were now suggesting is that they not do that, but go to the other which is a blanket provision which eliminates all residential, so they didn't need to specifically call out each particular zone. Ms. Aylaian referred to the new staff report dated September 18 as opposed to the September 4 staff report which called out specific sections. Commissioner Schmidt noted that the language talks to depositing and picking up passengers and refers to a helicopter that would be carrying more than one person, the pilot plus others. She stated that the folks who land in their area of the hill are single pilots, no one was in the chopper with them sometimes. She asked if they were leaving a loop hole any where. Mr. Erwin said no. Commissioner Schmidt asked for confirmation that whether someone was alone or had four passengers, it didn't matter and was prohibited. Mr. Erwin concurred. Chairperson Campbell asked if the Bighorn Institute had a heliport pad of their own. Ms. Aylaian answered that they don't. Chairperson Campbell asked how the house there was zoned. Ms. Aylaian replied open space. Chairperson Campbell asked for confirmation that there was no heliport there. Ms. Aylaian said that was correct. Chairperson Campbell asked if the Department of Fish and Game would need a temporary use permit to look at the sheep. Ms. Aylaian thought all of the Bighorn Institute property was located outside the city limits in the county, so Palm Desert doesn't have jurisdiction there. There were no other questions for staff. Chairperson Campbell 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. Chairperson Campbell asked for Commission comments or action. 14 i� MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Action: It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2456, recommending to City Council approval of Case No. ZOA 07-02, to approve a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES No meeting. B. LANDSCAPE BEAUTIFICATION No meeting. C. PROJECT AREA 4 COMMITTEE Commissioner Limont reported on the last Project Area 4 Committee meeting actions. D. PARKS & RECREATION Commissioner Tanner indicated he was unable to attend the last meeting. 15 IRONWOOD COMMUNITY ASSOCIATION 49220 Quercus Lane Palm Desert, CA 92260 SEp 18 2W7 :OMMUAIlt JEYLLJt'MkYes,, September 12, 2007 CITY OF PALM DESERT Palm Desert Planning Commission City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Helicopter Zoning Rules Dear Planning Commission: I am writing this letter on behalf of the 1066 homes and homeowners in the Ironwood Community. We understand you are considering actions which would prohibit helicopter-friendly facilities in residentially zoned areas. We in Ironwood totally support a ban on helicopter landings in and over residential areas except, of course, for emergency, safety, and police reasons. This past March-June time period seemed to bring many helicopters nearby to our community, mostly toward Bighorn, but I am not sure why. There was at least one landing at the Hagadone compound, and others seemed to be sightseeing or perhaps were realtors with clients. Whatever their purpose, these flights were intrusive and noisy and we had numerous complaints from homeowners. Buzzing helicopters violates the integrity of our residential neighborhoods and we strongly urge you to ban such activities. Thank you for your consideration. Azz�;u Lawrence T. Sutter President Ironwood Community Association P.O. Box 4772 * PALM DESERT, CA 92261-4772 * (760) 346-1161 * FAX (760) 346-9918 -�-� CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Recommendation to City Council for approval of a Notice of Exemption and an amendment to the Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing Heliports, Helicopter Fields and Helistops as a Temporary Use Permit only within non-residential zones in the City. SUBMITTED BY: Lauri Aylaian Director of Community Development CASE NO: ZOA 07-02 APPLICANT City of Palm Desert DATE: September 18, 2007 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would send a recommendation of approval to the City Council that they adopt specific language allowing Heliports and Helistops as a Temporary Use Permit only within non-residential zones in the City. The existing Zoning Ordinance does not state that helicopter landings are allowed therefore they are prohibited by the Zoning code. The amendment will only allow landings as a temporary use within in non-residential zones. II. DISCUSSION: At the September 4, 2007, Planning Commission meeting, staff presented a Zoning Ordinance Amendment prohibiting helicopter fields, heliports, helistops, and similar facilities within residential zones. The City of Palm Desert's Municipal Code does not address helicopter landings, which makes the landing of helicopters for non-emergency reasons prohibited. Based on the discussion with the Planning Commission and City Attorney, staff is now proposing to allow heliports and helistops with a temporary use permit in non-residential zones only. Heliports and helistops in residential zones would remain prohibited. If approved by the Planning Commission, the proposed ordinance modifications will be presented to the City Council for their consideration and possible adoption. Staff Report Case No. ZOA 07-02 September 18, 2007 Page 2 of 2 III. ENVIRONMENTAL REVIEW: The proposed amendment to the Zoning Ordinance will have no potential for causing a significant impact on aesthetics, agricultural, biological, or cultural resources, geology or soils, water quality, land use, mineral resources, public services, recreation, traffic utilities, hazardous materials or other environmental considerations. Therefore, the project is categorically exempt from CEQA and no further review is necessary. VII. ATTACHMENTS: A. Draft Resolution B. Draft Ordinance Amendment C. Legal Notice D. Planning Commission Staff Report, dated September 4, 2007 E. Preliminary Exemption Assessment Prepared by: LAURI AYLAIAN Director of Community Development Approval: OMER CROY ACM for Dev op ent Services G:ManningUO AylaiaMStan Repons\Heli Ordinanmdw PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS AS A TEMPORARY USE PERMIT ONLY WITHIN NON-RESIDENTIAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day and 18th day of September, 2007, hold duly noticed public hearings to consider recommending to City Council approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within non-residential zones in the city; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 ZOA 07-02 as delineated in the attached Exhibit A, is hereby recommended for approval to the City Council. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 181h day of September, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter" means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 � IIY 01 P H [ M 01 t 73-510 FRED WARING DRIVE PALM iiCALIFORNIA 92E60-2578 rev 760 60 34 346—o6o6u FA%:760 341-7098 info@palm-demn.�rg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and helicopter landings as a temporary use permit in commercial and industrial zones. SAID public hearing will be held on Tuesday, September 18, 2007, 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. 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 LAURI AYLAIAN, Secretary September 8, 2007 Palm Desert Planning Commission CITY 01 P111M OESERI 73-510 FRED WARING DRIVE t n PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6u FAX: 760 341-7098 info@palm-desert.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 5, 2007 CITY OF PALM DESERT Re: ZOA 07-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of September 4, 2007: PLANNING COMMISSION, BY MINUTE MOTION, CONTINUED CASE NO. 07-02 TO SEPTEMBER 18, 2007. MOTION CARRIED 4-1 (COMMISSIONER SCHMIDT VOTED NO). 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. This item is tentatively scheduled for City Council hearing on September 27, 2007. TonY Ba ato, Acti ary 9 9 Palm Desert Planning Commission AM cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 establishments we have in the city, but she would be glad to look at the numbers and the numbers per capita and compare that with the other valley cities. She noted that there would obviously be more massage and day spas here than in another city that isn't resort oriented, but for interest, they could take a look at Palm Desert compared with Palm Springs, Indian Wells, and other valley cities to see where we measure up and will bring that information back to the Commission. Commissioner Limont thanked her. Commissioner Tschopp said his comment would be on the other side of the fence on that. When he was in banking, he always thought there were too many banks and it would be nice to keep others out. He said that as long as it's a good, legitimate, well-run business, we should welcome it to the city. He thought this location works well across from A.G. Edwards. He was in favor of it and he didn't think they could keep out competition. Commissioner Schmidt was also in favor of the application before them, but she would like them to work a little on definition, because day spa to her indicates that the facilities have bathing facilities, showers, dressing rooms and that sort of thing. Massage is just what had been presented. If there isn't a differentiation in our ordinance, perhaps we should have that because they really are two different animals. Chairperson Campbell concurred with Commissioner Tschopp. They couldn't discriminate against massage parlors, how many hair dressers there are, how many shops, etc. She was happy to see that this was one open room and not individual rooms. She asked for a motion. Action: It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting Planning Commission Resolution No. 2454 approving Case No. CUP 07-09, subject to conditions. Motion carried 5-0. E. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 16 MINUTES PALM DESERT PLANNING COMMISSION SEPT EMBER 4. 2007 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. Ms. Aylaian explained that the proposed revisions to Title 25 are the result of the request of the Commissioners at the July 3, 2007 meeting. It was reported that there were complaints of helicopter activity over residential areas, in particular over the south end of the city. The City Attorney was asked to draft certain prohibitions for the residential zones. The ordinance before them responds to that request. She stated that helicopter landings and helicopter landing pads have never been a specifically permitted use in any residential zone, but the code has been silent to the issue. What they were doing didn't technically change the ordinances in place, it just gave it more clarity. In each residential zone, they determine that where a use is not specifically permitted, it is prohibited. They just didn't mention anything about helicopter landings. This proposes explicit language for each residential zone prohibiting helicopter landing pads in those zones. She asked for any questions. Chairperson Campbell asked who made the complaints. Ms. Aylaian didn't know the specific individuals, but knew there were complaints from Ironwood Country Club and believed the helicopter activity was over Bighorn and Ironwood. She did get complaints directly from the Bighorn Institute, so she was aware of those, but didn't know the specific residents who made the complaints over Ironwood. Chairperson Campbell asked for confirmation that the Bighorn Institute has its own helicopter. Ms. Aylaian believed that the Department of Fish & Game, if she understood the relationships between the agencies correctly, the Department of Fish & Game is required to once a year or on a periodic basis take a count and actually identify locations of each bighorn sheep and they do fly over for counting purposes. She believed they also are required to respond if any of the radio-collared animals show no activity for a period of time to see if the animal has been hurt. She thought helicopters might be used by the Department of Fish & Game to check on those animals. So yes, associated with the Institute, there is helicopter use. Commissioner Tschopp noted that this restricts it to residentially zoned properties. Ms. Aylaian concurred. Commissioner Tschopp asked if that meant helicopters could land on commercial buildings or commercially zoned properties. Ms. Aylaian said in the ordinance right now there is no specific prohibition. In fact, they have granted temporary use permits for a fund raiser 17 ` MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 2007 that involves landing a helicopter with a celebrity or someone at a golf tournament and didn't believe there was any specific prohibition on helicopter use in commercial areas. Commissioner Tschopp asked if that was something they should think about incorporating or think about while looking at it. Ms. Aylaian said it was up to the Commission. If there is a perception that we're having a problem or if we're receiving complaints, they could come up with some suggested language. They might have to think about it to determine if there would be needs. Obviously they didn't have emergency medical facilities in the city that require helicopter landings, but they should think about other places where they might want commercially viable helipads. Commissioner Tanner asked if there would be any legal liabilities for the City for any existing heliports if they change the ordinance. Mr. Hargreaves stated that our position is that it has never been a permitted use and they are just clarifying the situation. He wasn't aware of any specific circumstances. If any circumstances arise, they would be evaluated at that time. Commissioner Tanner asked if there was an issue with helicopter travel and landing in Bighorn. Commissioner Schmidt said yes. In the community in which she lives, they tracked it on a regular basis and they could almost tell time on the comings, goings and landings, particularly from one location. One of the other ones that Commissioner Tanner might be referring to is up in the Cahuilla Hills in the County. She asked if that meant they couldn't fly over the city. Mr. Hargreaves said the City could not regulate the overflight, that was in the federal jurisdiction. They can regulate uses on the ground. Commissioner Tanner asked about land in the County. Mr. Hargreaves said it was up to Riverside County to regulate. Commissioner Schmidt said that on Exhibit A, page 3 under helistop, the last part of the sentence talks about the meaning of helistop and then there is a comment, "but not including such an area used strictly for fueling service or any other maintenance of any kind." Mr. Hargreaves didn't know where that language came from. He thought the definition might have been pulled from another ordinance, but suggested that they could strike it at this point and revisit it before it gets to the City Council. If in fact there is some benefit for that language, it could be added back in. Commissioner Schmidt said that would be fine. Ms. Aylaian proposed that it be left in the definition of a helistop, because it was probably some sort of industry standard definition of helistop, but then in each of the zones, they could say that additionally helicopter fields, heliports, helistops, helicopter fueling and maintenance facilities and similar types of facilities are prohibited. That would insert back in that they can't have places to just land and refuel or a place to just work 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 on their helicopter. Commissioner Schmidt said her first choice would be to omit it, but understood where she was going and that was fine. Ms. Aylaian said they could take a look at it and if that is what the Commission would like to see, they could revise the language before going to the Council for consideration. Chairperson Campbell didn't see how they could dictate if people have a helicopter. Not everyone on the block is going to have property large enough to have something like that, that they can tell them no, you can't leave home or go to work by helicopter. It would be the same thing as depriving someone of using a motorcycle, or a car or whatever they wanted to use. Noise is noise. Everything makes noise. Airplanes idle. She asked how they could discriminate just because someone has a helicopter that they want to use every once in a while. Commissioner Schmidt thought Mr. Hargreaves said it very clearly, they aren't allowed at this time, so why encourage it. Commissioner Limont thought they were trying to have clarity the ordinance that is already in existence. Ms. Aylaian concurred. Commissioner Limont suggested, and also agreed with Commissioner Tschopp, that maybe they should also be looking at commercial zones as well, but maybe as a separate issue. Commissioner Limont thought this was a good first stab and suggested they send this to Council to start consideration for clarification for an ordinance that is already in existence. Chairperson Campbell said if it was already in existence, why some people already have these helicopter stops. They should have had a permit from the City. Commissioner Limont said that was correct, but one of the things they've learned is that some homeowners do things regardless of whether or not they do have a permit. She thought this helped the City to maintain a certain semblance of civility among the neighborhoods. As a person who received personal calls from neighbors, she was in favor of at least sending this to Council. Commissioner Tschopp noted that helicopters create a different noise then airplanes. Airplane noise is behind the plane and the blades of a helicopter create the whop whop sound coming directly down onto the ground, and to him was a very offensive noise. Right now, he thought there were too many helicopters and for the most part were probably police or something of that nature. He thought going over residential areas it should be regulated and that's why he thought they should also look at commercial zones and make sure they aren't leaving some door open for someone then to instead of landing on their property, move over a couple of spaces. That was his concern. 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 2007 Commissioner Schmidt thought one of the most regular fly over patterns, which this really doesn't address because she didn't think they land, is real estate being shown from the air, particularly in the Bighorn area. It was just constant during the season. There were probably a dozen flights per day. There was a Bighorn reserve up there and they weren't supposed to be spooking the sheep with helicopters. And helicopters hover. They don't just fly over like an airplane, they stay put for long periods of time. Commissioner Tanner said they couldn't control that. Commissioner Schmidt agreed, but to discourage it is what they were calling attention to. That issue was already being addressed by the United States Government. Commissioner Limont asked if Commissioner Tschopp would be in agreement with sending the residential uses to Council and then addressing commercial. Commissioner Tschopp asked which was more efficient. If they could look at it at the next meeting and incorporate it at the next meeting, he would be in favor of holding it up for a month or so. Commissioner Limont questioned if they were separate issues. For commercial purposes, Mr. Bagato suggested that maybe it could be allowed as a special event. There have been requests for special events and staff talks to the special events people, the police department, but he would advise allowing a special permit rather than just prohibiting it. Once in a while there will be special events that would require them and maybe limit the number of them rather than outright prohibiting them. Commissioner Tschopp clarified that he wasn't saying prohibiting them, but it might be a good time to incorporate it at one time and deal with it once. They could incorporate commercial landings as a special event. Chairperson Campbell asked if he would like to continue the matter. Commissioner Tschopp said that would be his preference as opposed to doing it piecemeal, but he was just one voice. Ms. Aylaian said they could come back at the next meeting and address both the language regarding the helistop and also address the use in commercial areas such that a temporary use permit or special permit be required in commercial areas. Chairperson Campbell asked if Commission would like a continuance until the next meeting or a whole month. Commissioner Schmidt wasn't interested in delaying it for any amount of time. It is a serious issue for those that live on the hillside. Commissioner Limont agreed. Commissioner Schmidt thought these were different. Commercial was one aspect and residential another. She urged them to go ahead with the residential portion, which seemed to be in good order and instruct staff and the City Attorney to prepare as soon as possible the commercial version. 20 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Chairperson Campbell said she would be in favor of a continuation. Commissioner Tschopp said he would make a motion to continue it to the next meeting if that was sufficient time. Ms. Aylaian said she was just discussing with the City Attorney as to whether or not they needed to renotice the item because they noticed it for helicopter landings in residential zones. She thought they were good with just continuing it to the next meeting to a date certain. If it was approved or recommended by the Commission, then when they went to the City Council they would notice it for all zones. Commissioner Schmidt asked for clarification that the continuance would be to the next meeting. Ms. Aylaian concurred. Commissioner Tanner asked if verbiage regarding commercial was going to be included. Ms. Aylaian said yes, that was staffs intent. Commissioner Tanner said he would second the motion. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, by Minute Motion, continuing Case No. ZOA 07-02 to September 18, 2007. Motion carried 4-1 (Commissioner Schmidt voted no). IX. MISCELLANEOUS A. Discussion of Proposed Amendment to the Valet Parking Ordinance - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 10 (Vehicles and Traffic) of the Palm Desert Municipal Code revising Chapter 10.50 Valet Parking to change the procedures for issuance of valet parking permits and to revise the penalties for failure to comply with requirements of the ordinance. Ms. Aylaian explained that this issue peripherally relates to land use and zoning, so it was brought to Planning Commission. She noted that it doesn't require a public hearing because technically it isn't Title 25 Zoning, it is under Title 10. Nonetheless, staff expected that the Council would want to hear the recommendation of the Planning Commission. Ms. Aylaian indicated that the issuance and enforcement of valet parking permits has traditionally been performed by the Public Works Department. The ordinance itself was last 21 �•� CITY OF PALM DESERT / DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning)of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. SUBMITTED BY: Lauri Aylaian Director of Community Development CASE NO: ZOA 07-02 APPLICANT: City of Palm Desert DATE: September 4, 2007 Executive Summary: Approval of the staff recommendation would send a recommendation to the City Council that they adopt specific prohibitions against the construction of helicopter fields, heliports, helistops and similar facilities in residential zones. Discussion: On July 3, 2007 the Planning Commission asked staff to prepare a revision to the Zoning Ordinance that would prohibit landing of helicopters in residential zones. In response to that request, the City Attorney reviewed the various applicable chapters of Title 25 of the Palm Desert Municipal Code (Zoning) and proposed such revisions as are appropriate for explicitly prohibiting landing facilities for helicopters in all residential zones including single, multifamily, planned residential and hillside residential zones. The proposed ordinance modifications are hereby presented to the Planning Commission for its review and consideration. Staff Report Case No. ZOA 07-02 Page 2 September 4, 2007 If approved by the Planning Commission, the proposed ordinance modifications will be forwarded to the City Council for their consideration and adoption. Environmental Review: This amendment to the zoning ordinance will result in a minor decrease in noise and air pollutants, and has no potential for causing a significant impact on aesthetics, agricultural, biological, or cultural resources, geology or soils, water quality, land use, mineral resources, public services, recreation, traffic, utilities, hazardous materials or other environmental considerations. Therefore, the project is categorically exempt from CEQA and no further review is necessary. Recommendation: That Planning Commission adopt the findings as presented by staff and adopt Planning Commission Resolution No. recommending to City Council approval of Case No. ZOA 07-02. Attachments: A. Draft Resolution B. July 3, 2007 Planning Commission Minutes C. Legal Notice D. Preliminary Exemption Assessment Prepared by: LAURI AYLAIAN Director of Community Development Approv I: HOMER CROY ACM, Development Services (WptlocsV Wl zoa07-02.pc ) PLANNING COMMISSION RESOLUTION NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND AMENDMENT TO CHAPTERS 25.04 DEFINITIONS, 25.14 RE ESTATE RESIDENTIAL DISTRICT, 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT, 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT, 25.18 R2 SINGLE-FAMILY RESIDENTIAL DISTRICT, 25.20 R3 MULTIFAMILY RESIDENTIAL DISTRICT, 25.22 R-1-M SINGLE- FAMILY/MOBILE HOME RESIDENTIAL DISTRICT, 25.23 PLANNED COMMUNITY DEVELOPMENT OVERLAY DISTRICT, 25.24 PR PLANNED RESIDENTIAL DISTRICT AS THEY RELATE TO THE PROHIBITION OF HELICOPTER USE IN RESIDENTIAL AREAS. CASE NO. ZOA 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of September, 2007, hold a duly noticed public hearing to consider amending Palm Desert Municipal Code Chapters 25.04, Definitions; 25.14, RE Estate Residential District; 25.15, Hillside Planned Residential District; 25.16, R1 Single-Family Residential District; 25.18, R2 Single-Family Residential District; 25.20, R3 Multifamily Residential District; 25.22, R-1-M Single-Family/Mobile Home Residential District; 25.23, Planned Community Development Overlay District; and 25.24, PR Planned Residential District; 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 action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 ZOA 07-02 as delineated in the attached Exhibit A, is hereby recommended for approval to the City Council. PLANNING COMMIbalON RESOLUTION NO. PASSED, APPROVED and ADOPTED this _ day of 2007, by the Planning Commission of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMIbsION RESOLUTION NO. EXHIBIT "A" Section 1: That the following definitions be added to Chapter 25.04 25.04.361 Helicopter. ""Helicopter" means a form of aircraft in the broad category of rotorcraft which defends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft." 25.04.362 Heliport. ""Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities." 25.04.363 Helistop. ""Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo, but not including such an area used strictly for fueling service or any other maintenance of any kind Section 2: That the following provision be added to Section 25.14.040 (Prohibited uses) "Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." Section 3: That the following Section be added to Chapter 25.15 25.15.024 Prohibited uses. "All uses not specifically provided for in Sections 25.15.020 through 25.15.025 of this chapter are strictly prohibited in the hillside planned residential district. Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." Section 4: That the following provision be added to Section 25.16.040 (Prohibited uses) "Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." 3 PLANNING COMMIa6ION RESOLUTION NO. Section 5: That the following provision be added to Section 25.18.040 (Prohibited uses) "Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." Section 6: That the following provision be added to Section 25.20.040 (Prohibited uses) "Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." Section 7: That the following Section be added to Chapter 25.22 25.22.033 Prohibited uses. "All uses not specifically provided for in Sections 25.22.020 through 25.22.035 of this chapter are strictly prohibited in the R-1-M single-family/mobile home residential district. Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." Section 8: That the following Section be added to Chapter 25.23 25.23.015 Prohibited uses. "Helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited in the Planned Community Development Overlay Zone." Section 9: That the following Section be added to Chapter 25.24 25.24.026 Prohibited uses. "All uses not specifically provided for in Sections 25.24.020 through 25.24.027 of this chapter are strictly prohibited in the PR planned residential district. Additionally, helicopter fields, heliports, helistops, and other similar type facilities used as fields or ports for helicopters are prohibited." 4 MINUTES PALM DESERT PLANNING COMMISSION JULY 3. 2007 Commissioner Limont said she spent a couple of hours with K Kaufman and a photographer from the Desert Sun going around looking at the neighborhoods and the old neighborhoods. She said the photographer was wonderful and he loved the old neighborhoods and was amazed. As possibly another direction to staff, Commissioner Limont noted that they don't have as much helicopter traffic as they do during season and she thought it was an excellent time to come up with, unless the City Attorney said otherwise, to forbid or update landings at Bighorn. Ms. Aylaian asked if she was suggesting a proposed amendment to the Zoning Ordinance to specifically prohibit helicopters. Right now we don't permit helicopters any where, but it wasn't called out. She asked if Commissioner Limont was asking that we would specifically prohibit them. Commissioner Schmidt asked if that was under the City's purview or if it was an aviation issue. Ms. Aylaian indicated that the City doesn't govern air space, the FAA does, but if they look at the actual landing on the ground and look at it as a land use issue, they might be able to address it and prohibit it from residential zones. Commissioner Limont thought it would avoid problems with large areas that could be landed upon in Bighorn, and if they could have an ordinance that prohibits that, that would be great. Commissioner Schmidt noted that one problem is if they fly over the reserve and bighorn sheep. Commissioner Limont clarified that she was specifically talking about landing and would let the FAA worry about air space. Ms. Aylaian thought that if they were prohibited from landing in south Palm Desert, they might not be flying over the reserve in the first place. Commissioner Tschopp said he would be really careful about involving the press early on in things they are doing. He didn't think it was a good precedent to set and really cautioned against doing that until the Planning Commission and staff has had a chance to review issues. He didn't think they should air issues and get the paper all fired up on something until they've had all the facts and have been able to review them. He was vehemently opposed to doing it the way it was being done. Commissioner Limont indicated that the press was present for the meeting and called to ask what neighborhoods she was talking about and she took them to those neighborhoods. Commissioner Tschopp said he understood, but thought it was putting the cart before the horse. Knowing how certain publications work, it was not a good precedent they want to set and she should be careful. If that happened to him, he would probably defer it to the Chair and the Chair could talk with staff and go from there. That was his opinion. 34 CIIY 01 P111 [ M OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o61i FAX: 760 341-7098 41k a—64P info@paim-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment prohibiting helipads and helicopter use in residential zones. SAID public hearing will be held on Tuesday, September 4, 2007, 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. 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 LAURI AYLAIAN, Secretary August 13, 2007 Palm Desert Planning Commission PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Helicopter Zoning Ordinance Amendment 2. Project Location—Identify street Residential zones including R-1,R-2,R-3,PR,PCD and HPR(see address and cross streets or attach a attached zoning map) map showing project site(preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. City of Palm Desert B. Other(Private) (1) Name (2) Address 4. Staff Determination: The City's Staff,having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act(CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. 15061, subd(b)(3) Applicable Exemption Class: 1 No possible significant impact on the environment f. ❑ The project is statutorily exempt. Applicable Exemption: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency,which constitutes the Lead Agency. Name of Lead Agency: / Date: AV 0,toa Staff: PEA ZOA 07-02 FORM"A" City of Palm Desert DINAH Q SHORE DR ZOA 07-02 PRELIMINARY -GE 'LID FORD OR - I --:;� EXEMPTION i a ASSESSMENT J O I(Y�y a F" RANK SINA RA DR -- C W d1 a O Y T O O K m0 V. O m O O WNTRY GLUE OR � � O HOVLEY LN W - w � y U j y > a .;HOVLEY LNE W J . � O 2 W � HOVLEY LNE y u PJ�rc 3 MAGNESIA FALLSnDR ? W .0 2 W - FRED-WARING ORcAUF m 2W> G O ~u h u y STATE-HWY Ill EL PASEO W O O V W R FAIRWAY DR J GRAPEVINE SST O 0 ZONING CATEGORIES RESIDENTIAL HAYSTAEK RO- NON-RESIDENTIAL MESA VIEW DR Q OPEN SPACE !a n c 2 D MINUTES PALM DESERT PLANNING COMMISSION JULY 17. 2007 B. LANDSCAPE COMMITTEE Commissioner Limont reported that the next meeting would be in September. C. PROJECT AREA 4 COMMITTEE Commissioner Limont reported that the next meeting would be in September. D. PARKS & RECREATION Commissioner Tanner stated that they were dark today, but he had one concern and didn't know if this was the correct venue for it. He stated that he walks in Freedom Park and felt that Public Works should take a look at the grass, as it is in very poor condition. He requested that the stolonization process be reviewed. Ms. Lauri Aylaian, Director of Community Development stated that staff would pass this information on to those who would oversee this issue. XI. COMMENTS 000)0. Commissioner Schmidt asked about the issue of helicopters. Ms. Aylaian stated that at the suggestion of the Planning Commission at the last meeting, she asked the City Attorney to prepare an amendment to the zoning ordinance for all residential zones to prohibit helicopters. She asked Mr. Erwin for the status of that amendment. Mr. Erwin stated they were working on this issue, however, at the moment there was a nuance involving with the police department relocating their major facility in the north sphere,which on the plans shows as a helicopter pad in a residential zone. He indicated that he was investigating the issue further. Commissioner Limont asked if we could stipulate that it be for police and fire emergencies. Mr. Erwin stated that this wouldn't be just for emergencies;their facility would be based there. Commissioner Limont understood, but what she meant was with the exception of police, fire, and ambulance; in other words, not having this in residential areas. Mr. Erwin felt there was a different way to do it rather than create an exception and have someone argue that they be an exception as well. It may entail a General Plan amendment or a change of zone for that facility. Chairperson Campbell asked Mr. Erwin to keep them abreast of the process. 7 REGEIVS DF—ICE CITY CL- , -f. CA ppLM PROOF OF PUBLICATION This is space for C§V casks pq� �4�3 (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside 1 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 aboveentitled matter.f am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been — adjudged a newspaper of general circulation by the No. 2809 CITY OF PALM DESERT Superior Court of the County of Riverside,State of LEGAL NOTICE California under the date of March 24,1988.Case CASE NO.ZOA 07.02 Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller NOTICE IS HEREBY GIVEN that a public hearing 9 will be held before the Palm Desert Planning than non pariel,has been published In each regular commission to consider a zoning ordinance amendment to Chapter 25.64 allowing helipads, and entire issue of said newspaper and not in any helistops and helicopter landings as a temporary supplement thereof on the following dates,to wit: use permit in commercial and mdustrlal zones. SAID public hearing will be held on Tuesday September 18,2007. at 6:00 p.m. in the Councll September In,2007 Chamber at the Palm Desert Civic Center,73-510 Fred Waring Drive, Palm Desert, California, at i are nvt d to attend e and and be all inter Wettea comments Ill conceming all Items covered by thk public hear- _--�______--�________ ing notice shell be accepted up to the tlano of the hearingg. Information concerning the proposed All in the year 2007 project and/or negative declaration Is available for review In the Department of Community Devebp-� ment at the above address between the hours of 8.00 a.m. and 5:00 p.m. Monday through Fnday. I certify(or declare)under penalty of perjury that the It you challenge the proposed actions In ccuR. you may be limited to MIS11 q only tlwsa Issues' foregoing is true and correct. you or someone else raised al the public hearing described in this notice, or in wrmen comespon dence delivered to the Planning Commissi0 et„ Dated at Palm Springs,California this—10',—day or prior to,the public hearing. t LAURI AYLAIAN,Secretary' Palm Desert Planning Commission of------ September -------,2007 PUBLISHED: Desert Sun September 8,2007 ig a e 1 RECEIVED CIpA CLERK'S!H DESERT CAOFFICE PROOF OF PUBLICATION This is space for County F ' Stamp (2015.5.C.C.P) 2001 dUG 16 �' �' STATE OF CALIFORN[A 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 aboveendtled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been ■ adjudged a newspaper of general circulation by the No.2sa7 Superior Court of the County of Riverside,State of Cm OF-,PALM.DESERT r l e'er California under the date of March 24,1988.Case - `L NOTICE Number 191236;that the notice,of which the - L CASE`NO. ZOA p7-02 annexed is a printed co set in a not smaller E V P copy( type NO IS HEREBY GIVEN that a pub*aQ than noD panel,has been published in each regular CommvvIII esslonttconitlerpalGronlenGrto dnhce and entire Issue of said newspaper and not in any use sh-GInrid eetlent I Itiies. hellpads an c helicopter supplement thereof on the following dates,to wit: SAID public hearing will be held on Tuestla September 4 2007, at se Pp m. in }he Counc August 13'6 2007 Chamber at the palm Desert CNId Center, 73-510 $ , Fretl wedng Drive, Palm Desert,Scaiifomia, at T which time and place as Interested,pemons we concin IGemtin9 allll items cover-6y this en m i In g notice shall be acceptetl up to the date of the heahei ring. Information concemmg the pro oced he All in the year 2007 rerv�ew m the Department wI C tionnan is evaity Degelopr merit at the shove address between the hour;of h:00 am, and 5:00 p.m. Monday through Friday. I I certify(or declare)under penalty of perjury that the you c alien Ilma thetProposedo r lots only chosen Issuer foregoing is true and correct. You or someone else raised at the public hearing described in this notice. or in written correspon- dence delivered to the Planning Commission at, Dated at Palm Springs,California this--15th,—day or prior to, the public hearing. RIAYLi snO — August 2007 Palm Desert ommio PUBLISHED: - Desert Sun August 13.2007 RECEIVED AUG 16 2007 DEVELOPMENT C CITY OF PALM DESERT ENT New Legal Notice for Publication Page 1 of 2 Monroe, Tonya From: Moeller, Charlene [CMOELLER@palmspri.gannett.coml Sent: Thursday, August 09, 2007 8:49 AM To: Monroe, Tonya Subject: RE: New Legal Notice for Publication O Ad recieved and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. (760)7784578,Fax(760)778-4731 Desert Sun legals@thedesertsun.com & Desert Post Weekly dpwleeals@thedesertsun.com The Valley's #1 Source in News &Advertising! -----Original Message----- From: tmonroe@ci.palm-desert.ca.us [mailto:tmonroe@ci.palm-desert.ca.us) Sent: Thursday, August 09, 2007 8:36 AM To: Moeller, Charlene Subject: New Legal Notice for Publication Hi Charlene! Here is a new legal notice for publication. Please call if you have any questions. Thank you! Tonya Monroe, Administrative Secretary Department of Community Development (760) 346-0611 ext. 484 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment prohibiting helipads and helicopter use in residential zones. 8/9/2007 New Legal Notice for Publication Page 2 of 2 SAID public hearing will be held on Tuesday, September 4, 2007, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Pahn 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 LAURI AYLAIAN, Secretary August 13, 2007 Palm Desert Planning Commission 8/9/2007 Monroe, Tonya From: Monroe, Tonya Sent: Thursday, August 09, 2007 8:36 AM To: 'charlene.moeller@thedesertsun.com' Subject: New Legal Notice for Publication Hi Charlene! Here is a new legal notice for publication. Please call if you have any questions.Thank you! Tonya Monroe, Administrative Secretary Department of Community Development (760) 346-0611 ext. 484 -------------------------------------- CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment prohibiting helipads and helicopter use in residential zones. SAID public hearing will be held on Tuesday, September 4, 2007, 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. 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 LAURI AYLAIAN, Secretary August 13, 2007 Palm Desert Planning Commission i City of Palm Desert SHORE DRor y4� ZOA 07-02 PRELIMINARY GERALD FORD OR r EXEMPTION a I ASSESSMENT � r 0 z FRANK SINA TRA DR - C O - � W N 2 n Y m O G p m J' CONNTRY EL NB UR � m O HOVLEYLNW W -�+ H U i Qa 'HOVLEY LNE h W J •ar.n�.., p 2 J � W F - HOVLEY LN E y p�Ec 3 c � MAGNESIA FALLS DR C (2 W A O = o. caUf 3 0 m 2 _ FRED-WARING OR 2W> S C 32Q 2 2 OU3 N U y_ STATE-HWY 111 EL PASEO w O u O W U - R FAIRWAY DR GRAPEVINE ST O ZONING CATEGORIES ° O RESIDENTIAL HAYSTAGK.RD-— NON-RESIDENTIAL MESA VIEW OR Q OPEN SPACE ^O ti� n tiQ h C�R C 0 0.5 1 1.5 2 Miles City of Palm Desert DINAH alwr/ SNORE OR ZOA 07-02 PRELIMINARY GERALD FOR• D EXEMPTION w a ASSESSMENT 0 s 0 a FRANK SIN A DR O ~ R h Y = O p O V O m O -, EOUNTR FLUB DR O � C CI HOVLEY LN W w � y U wg 'HO.V.L-E;Y LN E O 0 --� HOVLEY LNE y F c P F MAGNESIA FALLS OR "O Z C g p GALIF 3 m FRED-WARING OR �o a3 z z FV N U N ST-ATE-HWY 111 EL PASEO W O O O W U FAIRWAY DR J GRAPEVINES, ZONING CATEGORIES RESIDENTIAL HA'YST•A&K RD NON-RESIDENTIAL MESA VIEW OR Q OPEN SPACE nQ J tiQ 5 •1 0 0.5 1 1.5 2 Miles City of Palm Desert DINAH Q.N SHORE DR ZOA 07-02 PRELIMINARY GERALD FORD DR I EXEMPTION ASSESSMENT 0 rc - F' RANK SIN T DR C i 4 Y = O p p U O I C•UNTRY&LWB DR 4 O O a1 MOVLEY LN W "' �+ in W j > y > Q 'HOVLEY LN E Q 2 FJ� HOVLEY LN E y MAGNE DR ¢ - a � CALIF FRED•WARING DR m 2 zg 3Z-q a' o U y U SSAFENWY ! EL PASED W oN Ill w FAIRWAY OR . Q GRAPEVINE ST o ZONING CATEGORIES K ° RESIDENTIAL HA YS•TAGK.RD - NON-RESIDENTIAL MESA wEwDR Q OPEN SPACE s Z kQ h W+ l 0 0.5 1 1.5 2 4 Miles City of Palm Desert DINA.HQlq� v SHORE DR ZOA 07-02 PRELIMINARY GERALD FORD D -_�l EXEMPTION g 1 - ASSESSMENT 0 z �� a _ K SINATR DR - C O 1- W N O Y O = O p � U � m 0 OODNTR OLDS OR O C HOVLEY LNW _ W -�+ y U j N ti WG .`HOVLE•YLNE O 2 O HOVLE-Y LN E y ti ¢ C MAGNESIA FALLS DR Y W c o cduFe 3 FRED-WARING OR .0 tiV N V N S�TATE-HWY 111 EL PASEO W O O � W C1 C FAIRWA'Y OR GRAPEVINE SST o ZONING CATEGORIES O a RESIDENTIAL NAYSTAC-K RD NON-RESIDENTIAL MESa VIE DR Q OPEN SPACE na Z h� N y w�F I 5 0 0.5 1 1.5 2 Miles City of Palm Desert DIN AH SHORE DR ZOA 07-02 PRELIMINARY GERALD FORD DR EXEMPTION a ' ASSESSMENT r o � z a F N SINAIRA O 4 y COUNTRY GLOB OR � - - p � O HOVLEY LN W W � y > R 'H_QVLEYLNE' Q F � - HOVLEY LN E h C MAGNESuIA FALLSrD'R = W X D K R ro�¢ FRED-WARING DR 3 a /ox3 Z z STATE-HWY 111 EL PASEO W O Q O W U ¢ FAIRWAY DR Q J GRAPEVINE ST O 0 ZONING CATEGORIES a RESIDENTIAL WA YSdAC-K RD NON-RESIDENTIAL MESA VIEW DR - Q OPEN SPACE ^p n 0 0.5 1 1-5 2 Miles SBlph Z 51 L so D �A�sy s 30VdS N3dO Q aoM31n 3w IVIlN341S3a-NON as 3tl 'SA tlH ldIlN30ISMJ Q 0 S31H0°J31VO ONINOZ o 1s3NIn3dtla� n aU AVMaltl3 c o m 0 03SVd 73 lIG kMH•31tl1S y n y � <mz aO SNIHVM-038d A C A A O m a m b 2 a,O,�Sl7tlj tlIS3N'JtlW n n a�rd a z m 2 3 N7 k3lnOH O A 5 m � H 3N7A37nOH' n -yi is rn MN7A37nOH ' m O A � ___ aO 9f173 Aa1N610� � � m A � O x a u y m '! O I A a0 tlaLL tlNIS NIJtla3 A Y O ( ' r ,Lklaussdssd [MOLL lwaxg ao oaoa o7va3� AHt13�11 W I'Id�id ZO-LO vOZ da 3HOHS .n. vasaa Mira 3o ml:) City of Palm Desert SHORE DR '11 01 ZOA 07-02 PRELIMINARY GERALD FORD D r EXEMPTION a ASSESSMENT J F - F� ° KSIN T_t rltA�DRr O � W N (1 U m q GOWNPRY FLUB DR O � O C7 HOVLEYLN W W y U > Wg "HtyOV�L-_EYLNE O = c PJErc 3 F MAGNESIA FALLS OR - = W ,yyam , C D. ' GAAIF - 3 . O z FRED-WARING OR z a z 3�a ° �ez3 z r ~u y u H STA-TEHWN 111 EL PASED w p O � W U Q FAIR WAY DR R J GRAPEVIIJEs ZONING CATEGORIES ° RESIDENTIAL H �Y9TAC-K RD NON-RESIDENTIAL MESA VIEW,DR Q OPEN SPACE Z k ry n� VWv ti 0 0.5 1 1.5 2 Miles I _ I City of Palm Desert DINARS SHORE DR ZOA 07-02 PRELIMINARY ERALD FORD DR I W EXEMPTION i ASSESSMENT J O FRANK SINA TRA DR C O F W N m U iQ GOWNTRY CL-NB DR � � I O p, m HOVLEYLN W W J N W W g ;HA�VL-EY LN E O Z -� HOVLEY LNE y K i i F MAGNES,uIA FALLS�DR W � C 0 p 6ALIF 3 . ro FRED-WARING OR 3~¢ 4 �ouj z z tiV N U N_ STATE-HWY 111 EL PASED W p W � U FAIRWAY DR GRAPEVINE ST O z ZONING CATEGORIES a RESIDENTIAL HAWST.AC-K RD NON-RESIDENTIAL MESAv1EwD �y Q OPEN SPACE l !� n tiP 4 W+ •, `51 0 0.5 1 1.5 2 i Miles CIIY Of P11 [ M 0 1 S I R I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 22 6 0-2 57 8 TEL: 760 346—o6u FAY: 760 341-7098 info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment prohibiting helipads and helicopter use in residential zones. SAID public hearing will be held on Tuesday, September 4, 2007, 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. 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 LAURI AYLAIAN, Secretary August 13, 2007 Palm Desert Planning Commission 0..'mow CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a zoning ordinance amendment prohibiting helipads and helicopter use in residential zones. SAID public hearing will be held on Tuesday, September 4, 2007, 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. 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 LAURI AYLAIAN, Secretary August 13, 2007 Palm Desert Planning Commission