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Home My WebLink AboutZOA 09-82 SETBACKS 1982 I } . ORDINANCE NO.320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMNDMENT TO THE ZONING ORDINANCE TEXT, SECTION 25.34.080 CONCERNING MINIMUM SETBACKS IN THE S.I. (SERVICE INDUSTRIAL) ZONE. CASE NO. ZOA 09-82 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of October, 1982, hold a duly noticed public hearing, to consider an amendment ` to Section 25.34.080 concerning minimum setbacks in the S.I. (service industrial) zone. WHEREAS, the planning commission by Resolution No. 822, has recommended approval; and, WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined the project to be a Class 5 Categorical Exemption; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan. 3. That the zoning ordinance amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the council in this case. 2. That it does hereby approve a zoning ordinance text amendment, as provided in the attached exhibit, labeled Exhibit "A". 3. The city clerk is directed to publish this ordinance once in Palm Des a newspaper the P ert Postof general circulation, published and circulated in the City of Palm Desert and shall certify to the passage of adoption of this ordinance and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 28th day of October, 19829 by the following vote to wit: AYES: Newbrander, McPherson, Puluqi, Snyder and Wilson NOES: None f ABSENT: None ABSTAIN: None S. R ILSON, May SHEILA R. GIL IGAN, City rk City of Palm Desert, Calif is /pa r CITY COUNCIL ORDINANCE NO. 320 EXHIBIT "A" CASE NO. ZOA 09-82 ( Section 25.34.080 Yards. The minimum front yard shall be 201. There is no minimum interior side or rear setback except when adjacent to or across the street from e residentially zoned property, the rear minimum setback shall be 25' and the minimum i interior side setback shall be 101. Minimum street side setback shall be 10 feet. i � CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Reduction of 'rear and side yard setbacks in the S.I. (service industrial) zone. APPLICANT: City of Palm Desert CASE NO: ZOA 09-82 DATE: October 14, 1982 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 09-82 E. Planning Commission Resolution No. 822 F. Planning Commission Staff Report dated September 7, 1982 G. Related maps and/or exhibits ------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. , to second reading. B. DISCUSSION: In response to a letter, the planning commission at its July 6, 1982, meeting instructed staff to prepare a report discussing the appropriateness of the existing setback requirements in an S.I. zone. Staff reviewed the matter and prepared a report which was considered at a public hearing held by the planning commission September 7, 1982. The present requirements are as follows: Minimum Front Yard 20' Minimum Rear Yard 25' Minimum Side Yard 10, The proposed amendment would retain the front yard at 20 feet. No minimum interior side or rear yard setback would be required except when adjacent to or accross the street from residentially zoned property, the rear minimum setback shall be 25 feet and the minimum interior side setback shall be 10 feet. Minimum street side setback shall be 10 feet. The primary benefit of zero lot line development is better ultilization of land, better site plan design and more functional open space. The increased cost to meet fire protection standards for reduced setbacks would be more than compensated for by the increased building size. The planning commission unanimously adopted its Resolution No. 822 recommending approval of the code amendment to reduce rear and side yard setbacks in the S.I. (service industrial) zone. SRS/pa MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 E. Case No. PM 18831, CHIEH CHUNG YU, Applicant - Request for approval of a parcel map to create four industrial parcels in the S.I., S.P. (service industrial, scenic preservation overlay) zone located at the northwest corner of 42nd Avenue and Eclectic Street. Mr. Sawa reviewed the staff report and added that the applicant questioned the condition requiring drainage fees; staff noted that this was a requirement in the previously approved parcel map and if they have been paid the applicant is not required to pay the fees again. Staff recommended approval. Chairman Kryder opened the public hearing and asked if the applicant wished to make a presentation. MR. HAROLD HOUSLEY, project engineer, asked for a clarification on Condition No. 4, which states that the parcel map shall be recorded within one year; he asked that it be changed to two years as provided by law. Commission agreed. Mr. Housley also asked for clarification on what the drainage fees were. Mr. McClellan replied that presently the fees are $4800 per acre. Mr. Housley commented on the considerable increase. Mr. Diaz informed Mr. Housley that his client would have to request modification of the drainage fees from the City Council. It was clarified by Mr. Diaz that any fees paid for this property would not have to be paid twice. Chairman Kryder asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. RUSS PARKER, representative of applicant and Coldwell Banker, explained why he felt the drainage fees were too high. Chairman Kryder closed the public hearing. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt findings for approval. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Richards, to waive further reading and adopt Planning Commission Resolution No. 821, approving Parcel Map 18831�subject to conditions as amended. Carried unanimously 5-0. F. Case No. ZOA 09-82, CITY OF PALM DESERT - Initiation of a zoning ordinance amendment to consider reductions of rear and side yard setbacks in the S.I. (service industrial district) zone. Mr. Joy reviewed the staff report and stated that this proposed amendment was due to a letter received by J.P. Construction. Staff recommended approval. Chairman Kryder opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this amendment. MR. SVEND PEULICKE, J.P. Construction, requested approval of this amendment. Chairman Kryder closed the public hearing and asked for commissions pleasure. Moved by Commissioner Crites, seconded by Commissioner Miller, to waive further reading and adopt Planning Commission Resolution No. 822, recommending Zoning Ordinance Amendment 09-82. Carried unanimously 5-0. G. Case No. ZOA 10-82, CITY OF PALM DESERT - Initiation of a zoning ordinance amendment regarding signs for urgent medical care facilities. Mr. Diaz reviewed this matter stating that council felt a sign of this type proposed for the Urgent Care Facility was not without merit and a code amendment may be -6- September 24, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 09-82 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by the CITY OF PALM DESERT, for a zoning ordinance amendment concerning side and rear setbacks in the S.I. (service industrial) zone. SAID public hearing will be held on October 14, 1982, at 7:00 P.M., in the council chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post September 30, 1982 /pa t e PROOF OF PUBLICATION (20101 2015 . 5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE LOA 09-82 I am a citizen of the United States and a resident of the County aforesaid ; I am over the age of eighteen years and not a party to or interested in the above entitled matter. I. am the CITY OF PALM DESERT EGA 'NOTICE principal clerk of the printer C L L 5E N *Z TIC9.8] NOTICE Is HE RE BV GIV- of THE DESERT POSTS EN that a WWblic, ring will be held betore;the,Palm 'De- a newspaper of general circula- ser Planninattommission.to Consider a.request.bv the tlonf printed and published weekly CIT V OF,PAL`M. ESERT,.tor a zoning ordlnance�ramend- in the city of Riversides County ment concerni side and ear setbacks in they S:l (servi n� of Riversides and which newspaper dusAial),z cTleaA'tro'w 7 has been adjudged a newspaper of heIW 4segtenber47PI 1 7:OD D'.mry ri the cafndl.c general circulation by the bersm I.' e•Palm Desert , ear Superior Court of the County of Lane, PalmSµDeserUtcaigoo- nia, at whichMme-andEglace Riversides State of Californian alllnterestedpersons:aceVn- vited to attend and,be rd. under date of October 59 19649 RAMONA. DIAZ Case number 83658; that the Secretary m Desert Planning notices of which the annexed is Commission pDP-8/26 a printed copys has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following datess to-slit : 08/26 s1982 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated August 26n 1982 at Riversides California CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. 822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL CODE SECTION 25.34.080 CONCERNING MINIMUM SETBACKS IN THE S.I. (SERVICE INDUSTRIAL) ZONE, A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA. ._ CASE NO.ZOA 09-82 WHEREAS, the planii ing-commission of the City of Palm Desert, California, did on the 7th day of September, 1982, hold a duly noticed public hearing to consider x amendments to Section 25.34.080 concerning minimum setbacks in the S.I. (service industrial) zone. WHEREAS, said amendment complies with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined the project to be a Class 5 Categorical Exemption; , WHEREAS, at said public hearing upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to justify their recommendations as described below: 1. That the zoning ordinance amendment is consistent with the objectives-of the zoning ordinance. 2. That the zoning ordinance amendment is consistent with the adopted general plan and affected specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the planning commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission. 2. That the planning commission does hereby recommend to the City Council approval of a zoning ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Chapter 25 reducing minimum side and rear setbacks in the S.I. (service industrial) zone. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of September, 1982, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE D. KRYDER, CHAIRMAN i ATTEST: i i_ RAMON A. DIAZ, Secretary /pa PLANNING COMMISSION RESOLUTION NO. 822 EXHIBIT !'A" CASE NO. ZOA 09-82 Section 25.34.080 Yards. The minimum front yard shall be 20'. There is no minimum interior side or rear setback except when adjacent to or across the street from residentially zoned property, the rear minimum setback shall be 25' and the minimum interior side setback shall be 10'. Minimum street side setback shall be 10 feet. 1 f - P i City of Palm Desert 1 Staff Report TO: Planning Commission DATE: September 7, 1982 'V CASE NO: ZOA 09-82 6 PROPOSED AMENDMENT:Reduction of rear and side yard setbacks in the S.I. (service industrial) zone. INITIATED BY: City of Palm Desert I. DISCUSSION: The proposed revision was initiated by the planning commission at its meeting of f July 6, 1982, after receiving a letter from J.P. Construction requesting an amendment. The amendment as requested would be a reduction in the rear yard setback from 25' to 51. The justification in the previously mentioned letter, is that the property adjoins other industrially zoned property. Zero side yards were r allowed as part of two previous industrial cases: Conditional Use Permit 15-78 and V Tentative Tract 13236. Staff feels that zero rear and side setbacks should be I considered. The primary benefit of zero lot lines is better utilization of land. This results in a better site plan design and creates more functional open space. An industrial building built with zero setbacks will require higher fire protection standards but the increased square footage more than compensates for the added costs. The reduction of the setbacks for side and rear property lines to zero, in staff's opinion, does seem appropriate when adjacent to other nonresidentially zoned property; but when adjacent to or across the street from residentially zoned property, staff feels that present setbacks should be retained. Additionally, a 10 foot side yard setback should be retained for corner lots retained. EXISTING SECTION: 25.34.080 Yards The minimum front yard shall be 201. The minimum rear yard shall be 25'. The minimum side yard shall be 10'. The proposed revisions would amend the code to read: 25.34.080 Yards The minimum front yard shall be 20'. There is no minimum interior side or rear setback except when adjacent to or across the street from residentially zoned property, the rear minimum setback shall be 25' and the minimum interior side setback shall be 10'. Minimum street side setback shall be 10 feet. II. ENVIRONMENTAL FINDINGS: The director of environmental services has determined that the proposed project is a Class 5 Categorical Exemption for purposes of CEQA. III. STAFF RECOMMENDATION: Staff recommends to the commission that it adopt Planning Commission Resolution No. reducing side and rear setbacks in the S.I. (service industrial) zone. "A resolution of the planning commission of the City of Palm Desert, California, recommending to the City Council that it approve Zoning Ordinance Amendment 09-82 concerning minimum side and rear setbacks in the S.I. (service industrial) zone". - 1 - CASE NO. ZOA 09-82 SEPTEMBER 7, 1982 I `N IV. ATTACHMENTS: I 1. Draft Resolution. 2. Letter from J.P. Construction 1 Prepared by: Reviewed and approved by: /pa - 2 - 1 I ' y k ij i t^ "WAFFLE CR=„(& t. PRECAST CONCRETE PANEL } D ( �Cf BUILDINGS AND SPECIALTIES PATENT NO. 4,181,286 �Lry i g 1992 ENVIRONMENTAL PALM DESERT SERVICES C,Ty ITY. June 17, 1982 Chairman Palm Desert Planning Commission 45275 Prickly Pear Ln. Palm Desert, Calif. 92260 Dear Mr. Chairman: When submitting preliminary plans for my client, Lakeside Properties Inc., for a proposed industrial building on Mayfair Drive in Palm Desert, I was informed by city staff that they would not be able to recommend approval to our request for variances on the rear yard set back. We respectfully request that your commission review the requirement for yards in the service industrial zone. The ordinance as presently written, in our opinion, is not conducive to efficient utilization of industrial property. The requirements as presently written are excessivly restrictive, especialy when is wholly within the service industrial zone this is the case not only when property Y , y compared with similar zoning under other jurisdictions in this area but also when compared to Palm Desert Commercial zone, where no requirements for rear or side yards exist. This problem has previously been address by your commission, in the approval of conditional use permit No. 1578 a provision was made for zero clearance on the side lot lines. A similar provision was outlinded in the staff report for Parcel Map No. 13236, this would indicate that our request is not an isolated case. Very truly yours, Svend A.V. Peulicke Vice President SP/Ic , 4 V► I► J.P. CONSTRUCTION INC. e 74-831 VELIE WAY • SUITE 1 • PALM DESERT,CALIFORNIA • 92260 • (714)568-5973 T August 19, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 09-82 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT, for a zoning ordinance amendment concerning side and rear setbacks in the S.I. (service industrial) zone. SAID public hearing will be held on September 7, 1982, at 7:00 p.m., in the council chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post August 26, 1982 /pa 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (TI4) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 8, 1982 J.P. CONSTRUCTION, INC. 74-831 Velie Way, Suite 1 Palm Desert, CA 92260 RE: Request for amendment pertaining to setbacks in Service Industrial zone. The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 6, 1982. 110T1.&T(o►4 APPROVED REVUEST BY MINUTE MOTION Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. ` r�avt�ri'r'j;. : RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: File "WAFFLE—CME"O PRECAST CONCRETE PANEL �� iE BUILDINGS AND SPECIALTIES � PATENT NO. 4,181,286 ;ura i s 1982 EN Oj1ENTAL PALM DESERT SERVICES CITY TY, OF. June 17, 1982 Chairman Palm Desert Planning Commission 45275 Prickly Pear Ln. Palm Desert, Calif. 92260 Dear Mr. Chairman: When submitting preliminary plans for my client, Lakeside Properties Inc., for a proposed industrial building on Mayfair Drive in Palm Desert, I was informed by city staff that they would not be able to recommend approval to our request for variances on the rear yard set back. We respectfully request that your commission review the requirement for yards in the service industrial zone. The ordinance as presently written, in our opinion, is not conducive to efficient utilization of industrial property. The requirements as presently written are excessivly restrictive, especialy when property is wholly within the service industrial zone, this is the case not only when compared with similar zoning under other jurisdictions in this area but also when compared to Palm Desert Commercial zone, where no requirements for rear or side yards exist. This problem has previously been address by your commission, in the approval of conditional use permit No. 1578 a provision was made for zero clearance on the side lot lines. A similar provision was outlinded in the staff report for Parcel Map No. 13236, this would indicate that our request is not an isolated case. Very truly yours, Svend A.V. Peulicke Vice President SP/Ic DAISG lT %) r ^ i. J.P. CONSTRUCTION INC. ` 74.831 VELIE WAY • SUITE 1 PALM DESERT,CALIFORNIA • 92260 • (714)568-5973 I m m ' n IM ' _ In i fTZ 771 IL ..sue...._ 1 m..�..-44 o a o g E 4z o c . i .• I I I nS I $� I & € SE L 7 j I I —ram z71 ill �� 1 a ' � y5 - Mao•n'ow w � iM ao i I ' !' b AP. Cauutctkm Inc n vPh"DIM j ].00 Mi1111R w1d ♦S V Mom.Cdwh wnlll Cdh. 1pi'•o plu°IJNI f .W3