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Home My WebLink AboutZOA 86-5 HEIGHT LIMITS 1987 PROOF OF PUB ATION This space Is fort .ounty Clerk's Filing Stamp (2015.5 C•C•P•) '86 JUN 25 An 1112 STATE OF. CALIFORNIA, @1TY 'Li_RKS O;•F;G County of Riverside 1 PALM DESERT am a citizen of the United States and a CITY OF resident of the County aforesaid; 1 am over the age of eighteen years, and not a party to Proof of Publication-of or interested in the above-entitled mattec. I CASE NO. ZOA 86-5 am the principal clerk of theiprinter of the .......................................................... .....DESERT.POST......... .. — --- I - CITY OF PALM DESERT ..................................... : LENOTICEZD • ...... ..." CASEENO.ND. a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Comm ulon to consider a request by the CITY OF PALM DESERT Bi-weekly adding secom 25.86.015 and amending sectfon 25.30220, 25.30,230. and and published •.••................................ 25.30.240 to identity developments which would require city co ncil approval end revise the height limits within the planned commerical zones. SAID public hearing will be held Tuesday.Jury 1,1986,at 7:00 p.m.In the Council In the City Of ...PaYas•Deser•t••••••••••••• Chamber at the Palm Desert Chic Center,73-510 Fred Waring Od",Palm Desert, y California,at which time and place all Interested persons are invited to attend and County of Riverside, and which news- be heard.It you challenge the proposed actions in court.You may be limited torais- ing"those fnues you or someone aka raised at the public hearing described In paper has been adjudged a newspaper this notice,or in written correspondence dalhered to the planning Commission for of general circulation by the Superior city couMiq at,or,Prior to,the public hearing. RAMON A.DIAZ,Secretary Court of the County of Riverside, Slate of Palm Oesed Planning Commission (Re D.P.June 20,1986) California,under the date of 10/5., 19 .. , Case Number • 83658 ; thatthenotice, of which the annexed is a printed copy (set in type not smaller than n)npareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ......f /..•?3.................................. all in the year 19.6b.. 1 certify (or declare) under penalty of perjury that the foregoin i is true and correct. Dated at....P.0).14.R9.6RF.1:... ................ I California,this..2�th•dayot••June 1986 �� HiS U (gna re ire#90PI06 Of trial punt norm mail w wcgr W)rem 1 CALIFORNIA UREASPAPER SERVICE Legal Advertising Clerlring House Teo WOSI Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 •ie,"rN DIE N RAtrio1#rmP111a11011#R rMA . INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING DATE: JULY 1 , 1986 SUBJECT: ZOA 86-5, ADDING SECTION 25.86.015 AND AMENDING SECTION 25.30.220. The attached memorandum Iof May 22, 1986 was requested by the city council as a follow-up to the joint meeting between the city council and planning and architectural commissions. If adopted, the purpose of the amendments would establish city council review of all projects over a height of one story or 18 feet, as well as amend the height within the planned commercial zones. Section 25.86.015 would be added to read: "Any project or portion of projects proposed within 300 feet of Highway III or containing structures above 18 feet or two stories in height shall be approved by the city councill prior to development. Council wi l l conduct a public hearing after receiving its recommendation from the planning commission. Said hearing will be conducted in a manner as setforth within this chapter!." The net effect of this amendment would be that as a matter of course nearly all cases would go tq the council for final approval . In terms of the development review proc ss a minimum of four weeks would be added to each case. Currently the council must approve all changes of zone, ordinance amendments, general plan amendments and development agreements; the proposed change would require council approval of nearly all precise plans. In addition, under the cirrent ordinance council may call up for review any precise plan or tentative tract map it feels requires council scrutiny. The second part of this amendmentwould reduce the height limit in the planned commercial zones from �35 to 30 feet unless additional height is approved during the precise pl n processing. The code currently permits building height of 35 feet except within 300 feet of Highway ill . Commission may wish to continue this matterland request that it be a discussion topic at the next joint council/commission meeting. Based on the strong feelings previously related the staff, I believe such an action would be appropriate. t MON A. DIAZ DIRECTOR OF COMMUNI Y DEVELOPMENT/PLANNING RAD/tm i i INTEROFFICE MEMORANDUM City of Palm Desert TO: CITY MANAGER AND CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT i DATE: MAY 22, 1986 SUBJECT: FOLLOW - UP TO JOINT PLANNING COMMISSION / CITY COUNCIL%ARCHITECTURAL COMMISSION MEETING The first proposed amendment would establish areas of the city that where proposed zone changes or precise plan submittals would require council approval . Section 25.86.015 would' be added to read as follows: Any projects or portion of projects proposed within 300 feet of Highway Ill mu t be approved by the city council prior to development. Council will conduct a public hearing after receiving its recommendations from the planning commission. Said hearing will be conducted in a manner as set forth within this chapter. This amendment, if adopted, would require council hearing on all projects within the defined geographic area. If there are other areas the council wishes to review prior to development, it may expand this section accordingly. The second proposed amendment would deal with heights in the resort commercial zone. Section 25.30.240 shall be amended to read: The maximum building height shall be 30 feet unless additional height is approvedlby the precise plan process. i This section of the co8e currently states, "The maximum building height shall be 35 feet: within 106 feet of single family residential zoned property, the height shall remain 30 feet. Should this amendment be adopted, it would be to lower the height limit within the PC-4 zone to 30 feet unless the developer at the time of precise plan approval can demonstr6te why he should be granted additional height. It should be noted that other provisions in the zoning ordinance require such height modifications to be approved by the city council . 1 FOLLOW-UP CONTINUED It is also suggested that if council wishes to adopt this amendment it may also wish to amend the provisions of the regional commercial zone to also limit the height to 30 feet Iinstead of the allowable 35 feet. Because the city's regional and resort commercial zones are all located along Highway III , this would be the only area in the city currently impacted by the provisions of this ordinance. The maximum building height in the C-1 zone is already 30 feet; however, there are no provisions to permit the granting of an increase in height. If council concurs with these amendments, it should instruct staff to schedule them for public hearing!` h i - --�RAMON A. DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING RAD/tm 2 d I f MINUTES PALM DESERT PLANNING COMMISSION JULY 1 , 1986 I I Moved by Commissioner Downs, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1159, approving PP 86-29 and PMW 86-11 , subject to conditions as amended. Carried 5-0. i G. Case No.1 ZOA 86-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment requiring a conditional use permit for convenience stores and liquor selling establishments in all zones. Mr. Diaz expliained that the ordinance had been revised as commission requested and noted that the condition regarding hours of operation had been deleted. Staff recommended approval . Commissioner) Wood noted that he was in favor of anything that would tighten, up convenience store operation. Commissioner IErwood asked if this ordinance would apply to existing businesses. fMr. Diaz replied no, only businesses coming in after the ordinance was adopted. Commissioner Downs asked that if a business changed ownership it would then be subject to this ordinance. 1Mr. Diaz replied no. Mr. Diaz explained that if a nuisance was determined, It would come under a different code section. I Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the h ndings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Pianning _Commission Resolution No. 1160, recommending approval of ZOA 86-4 to city council . Carried 5-0. i I H. Case . �ZOA 86- - CITY OF PALM DESERT, Applicant Requestlfor approval of an amendment adding section' 25 .86. 015 and amending sections 25.30.220, 25.30.230, and 25.30.240 to identify developments which would require city council 11 sw I MINUTES PALM DESERT PLANNING COMMISSION JULY 1 , 1986 1 approval and revise the height limits within the planned +commercial zones. Mr. Diaz explained the purpose of the ordinance and outlined the options of the commission for action. Chairman Crites agreed with the lower height limit, but felt that the discussion on city council approval on any project over one story should be continued until after discussion with council at the jofnt meetin . Commissioner Wood stated that he had no objection to that and noted that this ordinance was instigated by the city council . Mr. Diaz indicated that the lowered height limit was a result of a previous joint meeting and the other code section was initiated by council because of ce!rtafn areas in the city which were extremely sensitive. Commissioner 'Wood asked if there was any sense of urgency to making this decision. Mr. Diaz felt there was a sense of urgency regarding the lower height in the PC zones. Commissioner Richards agreed with the height limit, but expressed opposition to� the second part of the ordinance. Commissioner Erwood concurred. Chairman Crites opened the public testimony and asked if anyone present wishei to speak to FAVOR or OPPOSITION to the proposed. MR. RICHARD KEL -LY, 73 614 Fairway Drive, explained that council had received several complaints from the area around Highway Ill . He also felt that It should be discussed at the next joint meeting. Chairman Crites closed the public testimony. i Action: Moved by Commissioner Richards, seconded by Commissioner Downs, ' recommending approval to city council of ZOA 86-5, amending sections 25.30.220, 25.30.230, and 25.30.240 reducing height requirements within planned commercial zones. Carried 5-0. i Moved by Commissioner Richards, seconded by Commissioner Downs, continuing discussion to add section 25.86.015, identifying developments which would require city council approval , until after I the joint planning commission/city council meeting of July 25, 1986. Carried 5-0. 12 i i PLANNING COMMISSION RESOLUTION NO 1161 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFIPALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT ADDING SECTION 25.30.220 TO THE PALM DESERT MUNICIPAL CODE. CASE NO.' ZOA 86-5 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of July, 1986, hold a duly noticed public hearing to consider zoning ordinance amendment 86-5; and WHEREAS, said amlendment would reduce the height limit in planned commercial zones unless additional height Is approved during the precise plan process; and WHEREAS, after reviewing the staff report and accepting all public testimony from those wishing to speak, the commission made the following findings: 1 . There was a necessary need for the provisions setforth in the proposed amendment. 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 commission in this case; i 2. That the planning commission does hereby recommend to the city council approval of a Zoning Ordinance Amendment 86-5, as provided in the attached exhibit, labeled Exhibit "A." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this lst day of July, 1986, by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARDS, WOOD, AND CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ` BUFORD CRITES, Chairman ATTE \ // RAMON A. DIAZ, Secreta , � 1 I I i PLANNING COMMISSION RESOLUTION NO. 1161 EXHIBIT "A" Section 25.30.220 is added to read: The maximum building height shall be 30 feet unless additional j height is approved by the precise plan process. f I 2 i -- P - �6 56 1 t NOV 1 31987 COMMUNITY UEVE10-m , DLP4RItALUt "` DITY Of PALM DESERT -sly 6-(67.6 (Alt Xdl� I lalw. �SPi1T PI� NN;>v� co.M�. 5grcf7S 1 Yee T.. fVLA-n.r i r.l S Y' WeuL Q t i�ut Se¢ 1t d 4 N� C. T( 7 ✓ I a e Pcp �v S1'vdy �1 S U A t' i�rL r-+�C UY�T 1�v` T� Sx.. (IP CT; l J ,:�.-c 't-�•1-y W v�, �k � A c s c� L•1 x, Yz�_ . 5 e,e-,,.4.—____ - nl�gl,tiS C�rlu 4 bzi 3469550 i YnR 3•m Se,2s 3y7 -�� fi3 "O:21C_ _. .. - • h�fLS f�n ,2�n•zi�r -73 - 150 j wv✓a*Jp /�� 11 . < n — 7 7 Z PROOF OF PUI ATION This space is for ;ounty Clerk's Fiiing Stamp (2015.5 C.C. ) !i(�6EiVEs� '86 JUN 25 AN 1112 STATE OF CALIFORNIA. CITY uLERKS Gr IV'E County of Riverside I am a citizen of the United States and a CITY OF PALM DESERT resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication of or interested in the above-entitled mattec. I CASE NO . ZOA 86-5 am the principal clerk of th6 printer of the ••••••••••••......•"......••""""••'""•" DESERT POST ......••.. ....... CRY OF PALM DESERT .........:............:..... LEGAL NOTICE ........................ CASE NO.ZOA S" a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a pudic hearing will be Wit before the Palm Desen Planning Commission to consider a reausat by me CITY OF PALM DESERT Bi-weekly owing cannon 25.86.015 end amendhg section 25.30,220, 25.30.230. and end published 25.30.2a0 to identity developments which would redpire city council approval and "'•"•"" "�� "'��• ��••�� revise the height limits within the planned commerical zones. SAID public hearing will be held Tuesday.July 1,1985.at 7:00 P.M.In the Council in the City of ...Pa1n•D asar•t••••••••••••• Chamber at the Palm Desert Civic Canter,73,516 Fred Waring Drive,Palm Desert, y California,at which lime and place all interested persons are Invited to attend and Count' Of Riverside, and which news- be heard,if you challenge the proposed actions in court,you may be limited to rain Ing only those Issues you or swneone else raised at the pudic hearing described In paper has been adjudged a newspaper this notice.or in wrhm correspondence delivered to me planning commiasldn for of general circulation by the Superior city council)at,or prior to,the pudic hearing. RAMON A.DIAZ,Secretary Court of the County of Riverside, State of Palm Desert Planning Commission (PUD D.P.June 20,1986) California, under the date of1;10/5., 19 64 , Case Number . 83658...... that the notice, of which the annexed is a printed copy (set in type not smaller than nonparell), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ...........6✓....................................... all in the year 19.86.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. ' i Dated at....?.41VkAr--QgTt .................. I California,this..�Oth.dayof 6 ..June 19s .. S gnat re FCM Coa In e111Ha blank 10fln miT be aeCYfed lnm i - CALIFORNIAN EAUP N PER SERVICE BUR Legal Advertising Clearing House 120 wait Second St.. Los Ant3 Angeles, Ill. 90012 Telephone: t JINNfN`can NOirifteII io4mresoulula. r x _ G$f�� oO � nlTft�1 ��5��I3o4o 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 June 13, 1986 CITY OF PALM DESERT LEGAL NOTICE EI CASE NO. ZOA 86.5 I NOTICE 15 HEREBY GIVEN ithat a public hearing will be held before the Palm Desert Planning Commission to consider a request by the CITY OF PALM DESERT adding section 25.86.015 and amending section 25.30.220, 25.30.230, and 25.30.240 to identify developments which would require city council approval and revise the height limits within the planned commercial zones. f kE fI k { SAID public hearing will be held on Tuesday, July 1 , 1986, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Californial, at which time and place all Interested persons are invited to attend and be heard. If you challenge the proposed actions in court, you may be 1 i mi�ed to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivere to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Palm Desert Post RAMON A. DIAZ, Secretary June 20, 1986 Palm Desert Planning Commission