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HomeMy WebLinkAboutZOA 10-82 URGENT CARE FACILITIES 1983 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 15, 1983 plans for commercial buildings at southeast corner of Highway III and El Paseo(west). Mr. Smith reviewed the plans and noted that TGI Fridays is not included in this project but is shown together in the model; design review board approved this case with minor concern relative to landscaping and rooftop equipment visibility. Commissioner Crites stated that he observed in the San Fernando Valley similar awnings as proposed for the TGI Fridays and they inevitably became rundown and an eyesore. He asked what assurance the city has that it would not happen here. Mr. Diaz replied that a Commercial Property Maintenance Ordinance could be required if the problem arose. Commissioner Richards believed that would not happen because the tenants would be paying high rent cost in this commercial area and believes they would properly maintain them. Moved by Commissioner Richards, seconded by Commissioner Kryder, to approve design review board's actions for Case No. 157 C; carried unanimously 4-0. IX. MISCELLANEOUS ITEMS A. Change of date of March 1, 1983, meeting to February 28, 1983 This meeting has been changed due to lack of a quorum on March 1, 1983. Commission concurred. B. Review of parking demands in shopping centers. Mr. Diaz noted that review of parking demands in all shopping centers should be observed between now and March 15, 1983; there will be a joint study session with council at that time. (OC- ZOA 10-82 - Urgent Care Facility. Mr. Diaz explained that the city council at their last meeting indicated they may pass a motion to approve an amendment to the zoning ordinance relating to urgent care facilities. Prior to that meeting, the council in their October meeting where this item was discussed, had made a motion to approve but the motion failed due to lack of a second and was then tabled. According to city attorney this matter could be reconsidered by council. The council felt that the definition of "urgent care facility" as provided in the code was sufficiently different than a medical office to constitute additional signage. The council felt that this amendment should proceed but a planning commission report must be submitted. Chairman Wood noted that the council decision was not unanimous so the report received from planning commission would have a great bearing on the final decision of this matter. Commissioner Kryder did not believe that the Palm Desert Medical Center (urgent care facility) was not any different than a medical office but felt that if this facility was termed to provide "urgent care" then the hours of operation should be clearly visible on a sign. Commissioner Richards stated that he took a friend to this facility one evening at 6:05 p.m. and someone inside refused to treat him. He felt that the facility was not providing service as they propose and was strongly opposed to supporting this facility' to be "urgent care". He further stated that the planning commission had spent much time on this matter and further discussion was unnecessary since the commission had already made their decision. Commissioner Crites also felt there was no legitimate reason for this to be -2- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 15, 1983 Commissioner Richards stated that he took a friend to this facility one evening at 6:05 p.m. and 'someone inside refused to treat him. He felt that the facility was not providing service as they propose and was strongly opposed to supporting this facility to be "urgent care". He further stated that the planning commission had spent much time on this matter and further discussion was unnecessary since the commission had already made their decision. Commissioner Crites also felt there was no legitimate reason for this to be econsidered by commission. He was confident that this was an issue between the landlord and tenant and that calling a facility such as this an urgent care facility vs. a medical center would be like calling "a 7-11 food store an urgent food store because it is open until 11:00 p.m." Sufficient defining was needed (i.e. cardiopulmonary equipment availability, life support equipment availability, etc.). Commissioner Richards concluded that the word "urgent" would mislead the public to mean "emergency" which could prove to be very dangerous in a real emergency situation. Chairman Wood agreed with Commissioner Crites stating that this issue was a dispute between the landlord and tenant and felt that it was not an urgent care facility but simply a medical center. He asked staff to relate all these concerns in a report to council. CHAIRMAN WOOD WAS EXCUSED FROM THE MEETING AT THIS TIME (2:20 P) Commissioner Kryder stated that he had sent a letter to the council regarding his opposition to this matter and would like staff to relate that letter to council with the report. Commission concurred. X. ORAL COMMUNICATIONS - NONE XI. COMMENTS Commissioner Kryder inquired about a property maintenance ordinance. Mr. Diaz replied that one could be drafted but cautioned on the problems of acceptability and enforcement. He recommended that if such an ordinance were desired a joint meeting with the council should be set to discuss the matter. XH. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner Richards, to adjourn the meeting at 2:50 p.m; carried unanimously 3-0. RAMON A. DIAZ, Secretary ATTEST: RALPH B. WOOD, Chairman /lr -3- 0� n CooStiff innpEnal � Councl/ 12-7-82 0 , The Honorable Romeo Puluqui Mayor, Palm Desert 45-275 Prickly Pear In. !r Palm Desert , Ca . 92260 n Re: ZOA 10-82 Palm Desert Medical Center Dear Mayor and Council, r Apprehensions expressed by Palm Desert Medical Center stem- med from a definition of the facility which focused on exact hours of operation rather than the nature and function of the center; flexible hours being only a part of its uniqueness. Palm Desert Medical Center occupies thousands of square feet in close proximity to a radiological facility(also disposed to extended hours to meet community needs) and plans to increase and upgrade facilities to keep pace with demand in Palm Desert were exixtant at the time the project began. Ventures of this type are not undertaken capriciously. Invest- igation determined that there was a growing need and want for convenient access to economical health care and relief from high and unnecessary cost of some trips to distant emergency rooms. Flexible hours of operation were planned to be adjusted to current demonstrable need and expandedconcurrent with growth in demand for care. Being static by nature, a definition needs to be framed to ac- commodate the purpose for which it is being segregated from normal or generic meaning. Otherwise, the dictionary would suffice. A living, growing people and community of people requires flexible, lifelike facilities and , I might add , institutions if the properties of growth are to correspond to those of the population. Reasons commonly cited for your city's growth and desirability for developers are that Palm Desert balances environ- mental and economic concerns rather than sacrificing one for the other to enviroapathy or enviromania; as do some of your neighbors. 46 120 CALHOUN ST. (714) 347-3566 INDIO, CALIFORNIA 92 201 r .InnPev" al SidCo 12-7-82 ( Pg. 2 ) Provision of goods or services is a two way street. 'nether it is done by private or public entities ; without policies and attitudes to sustain these entities in their efforts , growth will distort in relation to true needs with overdevelopment in one area and stagnation in another. In recognition of a complicated landlord-tennant dispute made pos- sible by both ingorance of and structuring of the Law, the City Council acted to clear up a problem seen as counterproductive to the interests of and health of the community and the medical center. By calling for a change in the law you answered the classic question of wether laws are made for people or the other way around . For any new venture the first year is high in both cost and risk. For Palm Desert Medical Center the ante was upped because the effectiveness of its start has been further handicapped by a rationale which sanctifies the letter of the law at the expense of the very public good which it exists to serve. An environmental ethic stretched to its most noble and justifiable circumstance cannot outweigh the importance of health and possibly life. Yet the existence of the sign ordinance is owed to environmental con- cerns and intertwined property values. The stumbling block here is attributable to neither concern. There has been no objection on the basis that the signs are out of character with neighboring displays ; nobody worried about detrimental impact on the value of their property. It is the tactics of a few clockstoppers, armed with a complicated , cumbersome ordinance which has the community so thoroughly hog tied with red tape that prevents you from allow- ing what you wish and getting on with the future. On behalf of The Palm Desert Medical Center we respectfully request that you re-set code amendment(on the basis of information from staff on how to proceed ) ZOA 10-82 for public hearing and further request that if a code change is again directed, that consideratio n be given to authorizing issuance of permits for the signs, so as to reduce further un-necessary hardship in identifying the center. 46 120 CALHOUN ST. ( 714) 347- 3566 INDIO, CALIFORNIA 92 201 -- Co . I stn Its PE �� a 12_7_82 (pg. 3 ) If there is any way for us to expedite this matter, please give us a call. { IN(,PER}-IAL P IGft CO . INC. .A Rdbert George Sales & Design 46 120 CALHOUN ST. (714) 347-3566 INDIO, CALIFORNIA 92201 PLANNING COMMISSION RESOLUTION NO. EXHIBIT"A" CASE NO. ZOA 10-82 Add: Section 25.04.813 Urgent care facility Urgent care facility is a "Medical Clinic" as defined in Section 25.04.175 of this code which has hours of operation which extend into the evening to at least 10:00 p.m., operating seven (7) days a week and which has at least one physician on the premises during all hours of operation. Section 25.68.635 Identification signs for an urgent care facility. Notwithstanding any other provision of this chapter, an "Urgent CLre Facility" as defined in Section 25.04.813 shall be entitled to an identification sign not to exceed 35 square feet in area. Should an urgent care facility cease to operate within the meaning provided in Section 25.04.813, said sign approved under this section must be removed forthwith. T \73F s .A.^y INDIO COMMUNITY HOSPITAL 47-111 Monroe Street, Drawer LLLL, Indio, California 92202-2 58 8 /(714)347.6191 November 9, 1982 INFORMATION COPY The Honorable S. Roy Wilson 31 TEO Mayor Palm Desert 45-275 Prickly Pear Lane NOV 1 01982 Palm Desert, CA 92260 20 A 10-$z ENVIRONMENTAL SERVICES RE: VAR 02-83--Palm Desert Medical Center CITY OF PALM DESERT Dear Mayor Wilson: As you may recall , in August 1982, the City Council directed staff to draft an amendment to Section 25.68.040 of the Municipal Code, to permit a minimum of 35 s.f. of signage for the Palm Desert Medical Center. Staff did in fact draft the amendment but included a clause mandating the hours of operation--this we objected to. On August 31, 1982, the drafted amendment was presented to the Planning Commission and discussion ensued regarding more stringent mandated hours of operation. This we also objected to, and as you are aware, the Planning Commission denied the request. On September 28, I indicated to you by letter, that "we have decided not to pursue this matter any further". However, after further discussion, we feel that adequate signs are essential to the success of the Center, and that they are needed to adequately direct the community users. Therefore, I have requested that Imperial Sign Company coordinate the necessary amendment and permits for adequate signage. As to the hours of operation, we still feel that mandated hours of operation is not reasonable. However, we are committed to meeting the needs of the community, and we would be happy to stay open 24-hours per day if the community needs dictate such hours of operation . Thank you for your support and consideration. Sincerely, �� g Administrator cc : Mr. Diaz, City Staff Councilman Puluqui Imperial Sign Company Doctor Dlugie A National Medical Enterprises Organization ' Fully accredited by the Joint Commission on Accreditation of Hospitals September 24, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-82 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 signage for urgent care medical clinics. 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 CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: A zoning odinance amendment permitting identification signs having an area not to exceed 35 square feet for any "urgent care facility". APPLICANT: City of Palm Desert CASE NO: ZOA 10-82 DATE: October 14, 1982 CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 10-82 E. Planning Commission Resolution No. 823 F. Planning Commission Staff Report dated September 7, 1982 G. City Council Minutes of August 12, 1982 ------------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: City Council should review the proposed amendment and take appropriate action. B. DISCUSSION: Planning commission reviewed and refused a variance application by the Palm Desert Medical Center for an additional sign area. The variance request was refused because the required findings to grant a variance could not be made. The planning commission decision was appealed to council. The appeal was rejected on August 12, 1982. Staff was instructed to prepare an ordinance for hearing to allow urgent medical care facilities which would allow the additional signage of 35 square feet. A zoning ordinance amendment relating to signs for urgent care facilities was prepared and considered by the planning commission at an advertized public hearing. The proposed amendment first defines what an "urgent care facility" is and secondly, provides that any "urgent care facility" shall be entitled to an identification sign not to exceed 35 square feet in area notwithstanding that the total signage allotted to that building by the sign ordinance may be exceeded. An "urgent care facility" is a "medical clinic". Having hours of operation extending into the evening to at least 10:00 p.m., operating seven (7) days a week and which has at least one physician on the premises during all hours of operation. A "medical clinic" as defined in the code means "an organization of doctors providing physical or mental health service and medical or surgical care of the sick or injured but does not include in-patient or overnight accommodations". The planning commission reviewed the proposed amendment at its September 7, 1982, meeting. The commission following lengthy public input and deliberation, on a vote of 5-0, recommended to council that the proposed amendment be denied. The main reason for the recommendation was the opinion that an "urgent care facility" does not differ substantially from a typical doctor's office in the service provided other than in the hours of operation. - 1 - CASE NO. ZOA 10-82 0CTOBER 10, 1982 Because there is so little difference between an "urgent care facility" and a typical doctor's office, it was felt that there was not sufficient justification to create a separate category for "urgent care facilities" in the sign ordinance. SRS/pa January 21, 1983 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-82 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 signage for urgent care medical clinics. SAID public hearing will be held on February 10, 1983, at 7:00 p.m., in the council chambers at 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 January 28, 1983 /pa MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 Council is asked to confirm assessments where the City has had to abate public nuisances such as lot cleaning, fire hazards, etc. Mayor Wilson invited public input. With none offered, he declared the Public Hearing closed. j Upon motion by Newbrander, second by McPherson, Resolution No. 82-135 S'S was adopted by unanimous vote of the Council. l.� B. REQUEST FOR CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION GRANTING APPROVAL OF AN AMENDMENT TO A DEVELOPMENT PLAN FOR A 204 UNIT HOTEL WITH ANCILLARY RESTAURANT ON THE NORTH SIDE OF HIGHWAY 111, 650 FEET EAST OF DEEP CANYON ROAD, CASE NO. DP 07-81 (AMENDMENT NO. 1) — JOSEPH RAPKIN AND WAYNE BARLOW, MRS JANE SCHELBLE, DR. JAMES SCHELBLE, MRS. LYANNE PENNIE AND BEVERLY CLARK, APPELLANTS. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed .the staff report stating that the Planning Commission had approved the development plan for 9.32 acres rather than the originally approved 20.5 acres. Subsequent to that approval, several appeals had been filed primarily based on environmental concerns, concerns about the viability of the project, whether or not the project was contrary to good planning practice, and impacts on the adjacent property. He reviewed staff's reponse to the appeals which supported the Planning Commission decision. In conclusion, Mr. Diaz noted that he had received a letter from Mr. Rapkin's attorney that afternoon wherein Mr. Rapkin withdrew his appeal. Mayor Wilson invited public input, and the following was offered. MR. BERNARD SOLOMON, 73-185 Iron Tree, Palm Desert, addressed Council as the applicant and noted his concurrence with the staff report. MR. JAMES SCHELBLE addressed Council for Mr. Wayne Barlow, et. al., stating they did not wish to see the back of the hotel from their homes nor did they want to be bothered by lights from the tennis courts. Mr. Diaz responded that these concerns had been addressed showing on a map where the tennis courts would be located as well as the location of the back of the hotel in relation to adjacent dwellings. He advised that the tennis courts would have a buffer to eliminate light spill. Mayor Wilson declared the Public Hearing closed. Upon motion by Puluqi, second by McPherson, Resolution No. 82-136, denying the appeal, was adopted by unanimous vote of the Council. t C. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT PERMITTING IDENTIFICATION SIGNS HAVING AN = AREA NOT TO EXCEED 35 SQUARE FEET FOR ANY "URGENT CARE �- FACILITY" — CASE NO. ZOA 10-82, CITY OF PALM DESERT, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report stating that the ordinance had been prepared at the direction of Council after they had approved a sign for the Palm Desert Medical Center. He reviewed the provisions of the proposed ordinance. -3- MINUTES REGULAR CITY COUN, 11- MEETING a + t • * t a it -� x * a * • * * t * * * OCTOBER 1F4,�1982 F He pointed out that the Planning Commission had recommended denial of the proposed amendment primarily due to the fact that in their opinion, an urgent care facility did not differ substantially from a typical doctor's office in the service provided other than in the hours of operation. He concluded by reviewing Council's alternatives which included adopting the amendment or sending it back to the Commission for further review and consideration of alternatives. �l Mayor Wilson invited public input, and the following was offered. J MR. ROBERT GEORGE, Imperial Sign Company, Indio, California, addressed Council in support of the amendment and stating that this type of facility needed additional signage. MR. JIM ENGELL, Imperial Sign Company, Indio, California, in support of the amendment. MR. DEAN COLE, 72-740 Carab Court, Palm Desert, stated if this firm had additional signage, everyone should receive the same consideration. Mayor Wilson noted that he had received a letter from a representative of Palm Desert Medical Center that indicated they were withdrawing their request. He read the letter (attached and made a part hereof as Exhibit "A"). MR. ROBERT GEORGE responded to the letter by stating that the doctors did not wish to commit to specific hours of operation, which the ordinance would make mandatory, and this was their reason for withdrawing or not pursuing the request further. Councilman Snyder moved to continue the item to the meeting of October 28, 1982, to allow staff time to talk with the representatives of the Center. After discussion, Councilman Snyder withdrew his motion. Councilman Pulugi stated he was in favor of the amendment. Councilman Snyder pointed out that this size sign was not prohibited under our Sign Ordinance, but that in this instance, the landlord had taken most of the signage for the building. Councilman Puluqi moved to waive further reading and pass Ordinance No. 317 to second reading. Motion died for lack of a second. Mr. Erwin advised Council that if they did not wish to approve the amendment, no action should be taken. Mayor Wilson declared the Public Hearing closed. Council took no action on proposed Ordinance No. 317. D. _REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT REDUCING THE REAR AND SIDE YARD SETBACKS IN THE S.I. SERVICE INDUSTRIAL) ZONE — CASE NO. ZOA 09-821 CITY OF PALM DESERT, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report and stated it was staff's recommendation to approve the amendment. 'we° H��n invited public input, and none was offered. He declared the g cicl�. � rems„ r,-,iMcPherson� second by Newbrander, Ordinance No. 320 was 7'y` `uv^imo ote of the Council. y. - I 1 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- 1 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 7, 1982 prepared. He further stated that due to difficulty in defining "Urgent Care Facility" the existing definition of a "Medical Clinic" provided in the municipal code, was used, extending the hours and days of operation. Chairman Kryder opened the public hearing and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. FREDERICK HODGES, 47-111 Monroe, felt that ultimately this sign would best serve the community. He requested approval. DR. PAUL DLUGIE, 72-705 Hwy 111, indicated that staff for this facility has already be retained to begin work in October. Commissioner Richards asked for specific hours of operation. Dr. Dlugie replied that the facility would be open on Mondays through Fridays from 2 p.m. to 10 p.m. and on weekends from 10 a.m. to 10 p.m. He added that they would try to be open as many hours as possible. Chairman Kryder asked Dr. Dlugie what the difference was between this facility and a regular medical office. Dr. Dlugie explained that this facility would enable patients to receive urgent care without waiting for long periods, as experienced in hospitals. Commissioner Crites asked if this type of facility was recognized by the medical profession. Dr. Dlugie replied that it was and many facilities of this type were available in many communities. Commissioner Crites asked if a doctor was to keep his office open until 10 p.m. would that define his office as an urgent medical facility. Dr. Dlugie replied yes and further explained that this facility would provide intermediate care versus hospital major medical care and the fees are much more reasonable. Commissioner Wood felt that the facility should operate 24 hours every day in order to meet commission's definition of "urgent care". Chairman Kryder felt this facility could not take care of "urgent" medical attention (i.e. heart failure). He also felt that emergency care equipment and staff should be available 24 hours per day in order to meet the definition of "Urgent Medical Care". Commissioner Crites clarified that the sign would read "The Palm Desert Medical Center", without "Urgent Medical Facility", and in his opinion the matter of the sign is between Great Western and the medical facility and there is not sufficient justification for "Urgent Care Facility" designation. Dr. Dlugie was confused as to why this matter was being argued since the City Council had stated that they would grant them 35 sq.ft. of signage if the facility met the criteria of an urgent care facility. He asked staff to clarify City Council's instructions in regard to this matter. Mr. Diaz explained that the council directed staff to prepare an ordinance for public hearing to provide sign area for urgent care facilities. Mr. Diaz further explained that this proposed amendment would go before council but by law has to be brought to planning commission first for recommendation to the council. After further discussion, Commissioner Wood commented that the city has ordinances that should be complied with unless sufficient justification is present for amendments, which in this case there is not. Chairman Kryder closed the public hearing and asked for commission's pleasure. Moved by Commissioner Wood, seconded by Commissioner Crites, to deny this zoning ordinance amendment regarding signs for urgent medical care facilities by Planning Commission Resolution No. 823. Carried unanimously 5-0. VIII. DESIGN REVIEW BOARD ITEMS - NONE -7- PLANNING COMMISSION RESOLUTION NO. 823 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL DENY AN AMENDMENT TO THE MUNICIP/�L�CO � TING TO SIGNS. CASE NO. ZOA 10-82 / WHEREAS, the planning commission of the City of Palm Desert, California, did on the 7th day of September, 1982, hold a duly noticed public hearing to consider y amendments relating to signs. WHEREAS, said amendment complies with the requirements of the "City of Palm Desert Prodecures to Implement the California Environmental Quality Act, Resolution No. 80-8911, 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 its recommendations as described below: 1. That the zoning ordinance amendment is not consistent with the objectives of the zoning ordinance. 2. That the zoning ordinance amendment would not 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. i 2. That the planning commission does hereby recommend to the City Council that the proposed zoning ordinance text amendment specifically providing for signage for "Urgent Care Facilities" not be approved. 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 ATTEST: RAMON A. DIAZ, Secretary Ar PROOF Of PUBLICATION (2010s 2015 .5 CCP) PROOF- OF PUBLICATION OF LEGAL NOTICE ZOA 10-82 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 CITY OF PALM DE5EVT a party to or interested in the LEGAL NOTICE ,, CASE AL NOTICE above entitled matter. I am the EN D�Aa arpubl Ilc4heEarinq wll- be held„beforeilhe�Pa51 0 principal clerk of the printer Berl PI' Min r weomm`IssianRto consitlerrraerequest$bvlthe-. of THE DESERT POSTS CITV',OF'PALMeDE5E RT1foc'i a zonin0' orat nonce;amentl-: a newspaper of general circula- me dreoncern npI gna9e.for i , uraerd care meticalrcl[nlcs^" tion, printed and published weekly SAIO.publichearlqp�Ili:peq, in the city of Riversides County held. In ber ncI harn held P.M.. In the council ham of Riversides and which newspaper Haall, AS-275osP.rlcckly Peia Lane, .Palm D allfor has been adjudged a newspaper of nio, at,whloh rhn a cd,ulac , general circulation by the all Interest person Ore n to af d. RAM RAMON A.. DI DIAZ Superior Court of the County of Palm Desert Planning Riverside' State of Californias Commission PDP-8/26 under date of October 5s 19641 Case number 83658; that the notices of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates , to-wit : 08/26 s1982 I Certify Car declare) under Penalty of perjury that the foregoing is true and correct. Dated August 26 , 1982 at Rivverside$ California �J CITY OF PALM DESERT f 1 City of Palm Desert Staff Report TO: Planning Commission DATE: September 7, 1982 CASE NO: ZOA 10-82 PROPOSED AMENDMENT:Zoning ordinance amendment of an identification sign having an area not to exceed 35 square feet for any "Urgent Care Facility". INITIATED BY: City of Palm Desert P I. BACKGROUND: July 6, 1982, the commission reviewed a variance request by the Palm Desert Medical Center to allow an expansion in the amount of sign area permitted on a building. This request was refused by the commission and subsequently appealed to the City Council where it also was refused. In both instances, the variance was refused because the required findings to grant a variance could not be made. City Council did indicate that it felt that a sign of the type proposed was not without merit and that a code amendment would be for the purpose of permitting urgent care facilities to have an identification sign not to exceed an area of 35 square feet notwithstanding that the total signage for a building may be in excess of the maximum permitted by the sign ordinance. II. DISCUSSION: In accordance with the instructions of the City Council, a zoning ordinance amendment relating to signs for urgent care facilities has been prepared. Due to difficulty in defining exactly what an urgent care facility is, we have utilized the existing definition of a "Medical Clinic" as provided in Section 25.04.175 and expanded on it. An "Urgent Care Facility" for the purpose of this amendment will be a "Medical Clinic" which has hours of operation which extend into the evening to at least 10:00 p.m. and operates seven (7) days a week. At least one physician shall be on the premises during all hours of operation. If the urgent care facility ceases to operate within these provisions for a period of 30 (thirty) days, said sign approved under these provisions must be removed forthwith. III. STAFF RECOMMENDATION: Staff has prepared the ordinance amendment in accordance with the instructions of City Council. Planning commission should review the proposed amendment and take appropriate action. IV. ' ATTACHMENTS: 1. Draft Resolution and attached Exhibit "A" Prepared by: Reviewed and approved by: - 1 - PLANNING COMMISSION RESOLUTION NO: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE MUNICIPAL CODE RELATING TO SIGNS. CASE NO. ZOA 10-82 WHEREAS, the planning commission of the City of Palm Desert, California, did on the 7th day of September, 1982, hold a duly noticed public hearing to consider amendments relating to signs. 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; j 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 shown on the attached Exhibit "A". 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: NOES: ABSENT: ABSTAIN: GEORGE D. KRYDER CHAIRMAN ATTEST: RAMON A. DIAZ, Secretary /pa PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" CASE NO. ZOA 10-82 Add: Section 25.04.813 Urgent care facility. Urgent care facility is a "Medical Clinic" as defined in Section 25.04.175 of this code which has hours of operation which extend into the evening to at least 10:00 p.m., operating seven (7) days a week and which has at least one physician on the premises during all hours of operation. Section 25.68.635 Identification signs for an urgent care facility. Notwithstanding any other provision of this chapter, an "Urgent Care Facility" as defined in Section 25.04.813 shall be entitled to an identification sign not to exceed 35 square feet in area. Should an urgent care facility cease to operate within the meaning provided in Section 25.04.813, said sign approved under this section must be removed forthwith. August 19 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 10-82 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 signage for urgent care medical clinics. 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