HomeMy WebLinkAboutOrd 1306 and Res 2016-48 - ZOA 16-91 -CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE A ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION
25.16.050 DEVELOPMENT STANDARDS ADDING A PROVISION
TO ALLOW FOR HEIGHT EXCEPTIONS WITHIN THE OFFICE
PROFESSIONAL (O.P.) ZONE SUBJECT TO APPROVAL BY THE
PLANNING COMMISSION
SUBMITTED BY: Kevin Swartz, Associate Planner
APPLICANT: City of Palm Desert
CASE NO: ZOA 16-91
DATE: May 26, 2016
CONTENTS: 1. Ordinance No. 1306
2. Resolution No. 2016- 48
3. Desert Sun Legal Notice
Recommendation
Waive further reading and:
1. Pass Ordinance No. 1306 to second reading, approving Zoning
Ordinance Amendment (ZOA) 16-91 to amend Palm Desert Municipal
Code (P.D.M.C.) Section 25.16.050 Development Standards, Table
25.16-5.
2. Adopt Resolution No. 2016- 48 approving a Notice of
Determination of a Negative Declaration for Zoning Ordinance
Amendment 16-91.
Strateqic Plan Obiectives
There are no impacts to the Strategic Plan Objectives.
Staff Report
ZOA 16-91: O.P. Height Exception
Page 2 of 4
May 26, 2016
Executive Summary
Approval of staffs recommendation would provide a provision to allow for height exceptions
within the O.P. zone. On February 11, 2016, the City Council directed staff to initiate a ZOA
to add a provision to allow height exceptions within the O.P. zone. On April 5, 2016, the
Planning Commission recommended approval with a 3-1 vote to the City Council of staffs
recommendation to allow a height exception from the current height limit of 25 feet, up to a
maximum of 35 feet. Commissioner DeLuna voted NO, because she would like to include
the height exception as part of the General Plan update. Each height exception request
would require a Precise Plan application reviewed on a case -by -case basis, and approved
by the Planning Commission. The Commission agreed that the additional height would
allow for a higher quality building design, as well as enough height to adequately screen all
roof top equipment units.
Discussion
The current height limit within the O.P. Zone is 25 feet. Over the years, many developers
have expressed that the existing 25-foot height limit restricts high quality building design.
Additionally, building owners are requesting greater interior ceiling heights, which force the
design of the buildings to appear box -like, with few architectural details. Also, developers
need adequate room for internal mechanical equipment, and having the flexibility for
additional height will adequately screen roof mounted equipment. There is currently no
language in this section of the municipal code that would allow the Planning Commission or
City Council to approve a height exception.
Section 25.16.050 — Development Standards
Below is the current Table 25.16-5 for building heights for the commercial and industrial
districts. Under the O.P. Zone the current height limits are 18 to 25 feet.
Commerciallindustrial District
OP I C-1 I PC -I' I PC-2' I PC& I PC-4' I SI PI
(Building Measurements
18' to 25', 2 30', 2 35', 2
, Height, max 30' 30' 35' 35'�
25' stories stones stones
Building size, max — — 30,000 sf 40,000 sf — — — —
Staff Report
ZOA 16-91: O.P. Height Exception
Page 3 of 4
May 26, 2016
Footnote No.7 states, when adjacent to a single -story home, the height is based on setback
distance, which is noted in the following table.
Height
Setback Distance
19 feet
26.43 feet
20 feet
32.86 feet
21 feet
39.29 feet
22 feet
45.72 feet
23 feet
52.15 feet
24 feet
58.58 feet
25 feet
65 feet
Staff is requesting to amend the height limits from 18 to 35 feet, and add additional wording
to Footnote No.7. Below are the proposed changes.
Commerdallindustrial District
OP I C-1 I PC-1' I PC-2' I PC-3' I PC-4' I SI PI
Building Measurements
18' to 25', 2 30', 2 35', 2
Height, max 30' 30' 35' 35'�
35'� stories stories stories
Building size, max9 - - 30,000 sf 40,000 sf - - - -
Footnote No.7: When adjacent to single -story residential, see Section 25.16.050.E
(Additional Setback in OP District). Applicants can request a height exception above 25 feet
to a maximum building height of 35 feet for a well designed building with architectural merit,
subject to a Precise Plan application and approved on a case -by -case basis by the Planning
Commission. When adjacent to residential properties any height over 25 feet must maintain
a setback distance of 65 feet.
Staff believes having a provision in place to consider a height exception on a case -by -case
basis will lend itself to more attractive buildings and add flexibility in design that property
owners enjoy in Palm Desert. The added language still preserves building heights to
setback distances adjacent to residential zones while allowing the Planning Commission to
review and approve a request, if deemed appropriate.
Staff Report
ZOA 16-91: O.P. Height Exception
Page 4 of 4
May 26, 2016
Environmental Review
In this case, staff completed an initial study to review the potential impacts of the ZOA and
has determined that there are no significant impacts associated with the proposed code
changes, since all new projects would be reviewed under a Precise Plan application.
Therefore, staff has prepared a notice of intent to adopt a negative declaration for CEQA
purposes.
Submitted By:
)L Kevin Swartz, Associate Planner
Kevin Siw�
Department Head:
Ryan Stendell, Director of Community Development
Approval:
, I A z V
c
Just' Carthy, Interim City Ma
ORDINANCE NO. 1306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.16.050
DEVELOPMENT STANDARDS ADDING A PROVISION TO ALLOW FOR
HEIGHT EXCEPTIONS WITHIN THE OFFICE PROFESSIONAL (O.P.)
ZONE SUBJECT TO APPROVAL BY THE PLANNING COMMISSION
WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did
on the 261h day of May, 2016, hold a duly noticed public hearing to consider the request by the
City of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
51h day of April, 2016, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, establishing an Ordinance to allow a height exception within the Office
Professional Zone from 25 feet, up to a maximum of 35 feet. Each height exception request
would require a Precise Plan application reviewed on a case -by -case basis, and approved
by the Planning Commission. The additional height would allow for a higher quality building
design, as well as enough height to adequately screen all roof top equipment units; and
WHEREAS, amendments to Section 25.16.050 "Development Standards" are minor in
nature and reflect the way the City views architecture throughout 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 City Council did find
the following facts and reasons to exist to approve said request:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing
recitals as its findings in support of the following regulations and further finds that the
following regulations are beneficial and appropriate to protect the health, safety and welfare
of the residents and businesses of Palm Desert within the City limits.
ORDINANCE NO. 1306
SECTION 2. Amendment to the Palm Desert Municipal Code. The "Development
Standards" portion of Table 25.16-5 found in Section 25.16.050 of the Palm Desert
Municipal Code is amended as follows:
Table 25.16-5: Development Standards for Building Measurements Commercial and
Industrial Districts
Commercial/Industrial District
OP I C-1 I PC-V I PC-2' I PC-3' I PC4 I SI PI
Building Measurements
Height, max 18 ;o 30' 25', 2 30' 35' 35r8 30', 2 35', 2
35 stories stories stories
000000 40,
Building size, max9 — — 30,— — — —
sf sf
Footnote No.7: When adjacent to single -story residential, see Section 25.16.050.E
(Additional Setback in OP District). Applicants can request a height exception above 25 feet
to a maximum building height of 35 feet for a well designed building with architectural merit,
subject to a Precise Plan application and approved on a case -by -case basis by the Planning
Commission. When adjacent to residential properties any height over 25 feet must maintain
a setback distance of 65 feet.
SECTION 3. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance, which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. Publication. 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 effect thirty (30) days after its adoption.
GAPIanning\Kemn Swartz\Word\OP height exceptFon\Ord CC - Height Exceptions doc
ORDINANCE NO. 1306
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 26 h day of Mav, 2016, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GAP1anning\Kevn SWartz\WorMOP height exception\Ord CC - Height Excepuons.doc
RESOLUTION NO. 2016- 48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR
A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL
CODE SECTION 25.16.050 DEVELOPMENT STANDARDS ADDING A
PROVISION TO ALLOW FOR HEIGHT EXCEPTIONS WITHIN THE OFFICE
PROFESSIONAL (O.P.) ZONE SUBJECT TO APPROVAL BY THE
PLANNING COMMISSION
WHEREAS, the City Council of the City of Palm Desert, California ("City Council") did
on the 26th day of May, 2016, hold a duly noticed public hearing to consider the request by the
City of Palm Desert for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of April, 2016, hold a duly noticed public hearing and recommended approval of the
request by the City of Palm Desert of the above noted; and
WHEREAS, establishing an Ordinance to allow a height exception within the Office
Professional Zone from 25 feet, up to a maximum of 35 feet. Each height exception request
would require a Precise Plan application reviewed on a case -by -case basis, and approved
by the Planning Commission. The additional height would allow for a higher quality building
design, as well as enough height to adequately screen all roof top equipment units; and
WHEREAS, amendments to Section 25.16.050 "Development Standards" are minor in
nature and reflect the way the City views architecture throughout the City; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code, § 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, title
14, § 15000 et seq.), and the City's local CEQA Guidelines (collectively, "CEQA"), the City
is the lead agency for the proposed Project; and
WHEREAS, pursuant to State CEQA Guidelines section 15063, an initial study
("Initial Study") was prepared for the Project to analyze whether the Project may cause a
potentially significant effect on the environment; and
WHEREAS, the City, as lead agency, has determined that a Negative Declaration
("ND") should be prepared in order to analyze the Project's potential environmental effects;
and
WHEREAS, the City circulated the ND and Initial Study for public review in the
manner required by CEQA for a 20-day review and comment period pursuant to Public
Resources Code section 21091(b); and
WHEREAS, the City Council has carefully reviewed the Project, the ND, the Initial
Study, all comments received on the documents, and all other information contained in the
record regarding the Project; and
RESOLUTION NO. 2016- 48
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. Compliance with the California Environmental Qualitv Act. As the
decision -making body, the City Council has reviewed and considered the information
contained in the record as a whole in connection with the Project and the ND. The City finds
that the ND, Initial Study, and administrative record contain a complete and accurate
reporting of the environmental impacts associated with the Project. The City Council further
finds that the ND and Initial Study have been completed in compliance with CEQA.
SECTION 2. Findings on Environmental Impacts. Based on the whole record
before it, including the ND, the Initial Study, the administrative record, and all other written
and oral evidence presented to the City Council, the City Council finds that all
environmental impacts of the Project are less than significant. The City Council further finds
that there is no substantial evidence in the administrative record as a whole supporting a
fair argument that the Project may result in any potentially significant environmental
impacts. The City Council finds that the ND contains a complete, objective, and accurate
reporting of the environmental impacts associated with the Project and reflects the
independent judgment and analysis of the City Council.
SECTION 3. Adoption of ND. The City Council hereby adopts the ND prepared for
the Project, a copy of which has been provided to each City Council Member and is on file
at the City's offices.
SECTION 4. Approval of the Project. The City Council hereby approves the
Project.
SECTION 5. Notice of Determination. The City Council directs staff to prepare and
file a Notice of Determination with the Riverside County Clerk within five (5) working days of
the approval of the Project.
SECTION 6. Custodian of Records. The custodian for the documents and
materials that constitute the record of proceedings on which these findings are based is
Kevin Swartz, Associate Planner, and the documents are available for public review at the
Palm Desert Civic Center.
SECTION 7. Execution of Resolution. The Mayor shall sign this Resolution and the
City Clerk shall certify this Resolution was duly and properly adopted by the City Council.
G\Planning\KeHn Swartz\WorMOP height exception\Res CC - ND Height Exceptions.doc
RESOLUTION NO. 2016- 48
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 26"' day of May. 2016, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GAPlanning\Kemn Swartz\Word\DP height exception\Res CC - ND Height Exceptions doc
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 16-91
NOTICE OF INTENT FOR CONSIDERATION TO ADOPT A ZONING ORDINANCE
AMENDMENT TO ALLOW A HEIGHT EXCEPTION PROCESS FROM 25 FEET TO 35 FEET
WITHIN THE OFFICE PROFESSIONAL ZONES SUBJECT TO APPROVAL BY THE
PLANNING COMMISSION
The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the
California Environmental Quality Act (CEQA), completed an Initial Study to review the potential
environmental impacts of adopting the Zoning Ordinance Amendment and has determined that
the proposed Zoning Ordinance Amendment will not have a negative impact on the environment
as individual development proposals will undergo additional environmental review as part of the
Conditional Use Permit process prior to any development.
Project Location: City-wide, within the Office Professional (O.P.) Zones.
Recommendation: Staff is recommending approval of the Zoning Ordinance Amendment
Public Hearing: The public hearing will be held before the City Council on May 26, 2016, at
4:00 p.m.
Comment Period: Based on the time limits defined by CEQA, your response should be sent at
the earliest possible date. The public comment period on this project is from May 13 to May 26,
2016.
Public Review: The Zoning Ordinance Amendment is available for public review daily at City
Hall. Please submit written comments to the Planning Department. If any group challenges the
action in court, issues raised may be limited to only those issues raised at the public hearing
described in this notice or in written correspondence at, or prior to, the City Council hearing. All
comments and any questions should be directed to:
Kevin Swartz, Associate Planner
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
kswartz@cityofpalmdesert.org
PUBLISH: DESERT SUN RACHELLE KLASSEN, City Clerk
May 13, 2016 Palm Desert City Council