HomeMy WebLinkAboutOrd 972 ZOA 00-09 Office Professional District Ordinance No. 972
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor And City Council
II. REQUEST: Consideration of approval of an amendment to the Zoning
Ordinance, Chapter 25.25.016 setback requirements in the O.P.
(Office Professional) district.
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 00-09 *
MEETING DATEI
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V. DATE: November 9, 2000 ONTINUEDTO____ I — L I — d I
VI. CONTENTS: PASSED TO 2ND READING
A. Staff Recommendation *With Councilman Kelly and Councilmember
B. Discussion Benson appointed to evaluate the matter
C. Draft Ordinance No. 972 prior to its next consideration.
D. Planning Commission Minutes for Case No. ZOA 00-09
E. Planning Commission Resolution No. 2023
F. Planning Commission Staff Report dated October 3, 2000
G. Related maps and/or exhibits
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. _ 972 to second reading.
B. DISCUSSION:
1 . BACKGROUND:
Over the recent past, Planning Commission has expressed concern that some
office buildings were located too close to the street and of particular concern
were two-story structures. Commission felt that taller buildings needed
greater setbacks and on September 5, 2000, Planning Commission directed
staff to process a setback amendment which would be based on the height of
the building.
(Wp\sr\zoa00-09.cc)
Ordinance No. 972
2. ANALYSIS:
Staff has reviewed the setback provisions for the O.P. district. The basic front
and street side yard setbacks will remain at a minimum of 12 feet with a
required average of 15 feet measured from the property line. We will add a
provision requiring a minimum setback from any curb equal to one foot of
setback for each foot of building height. The amendment also provides that
this setback is to be measured from the location of the curb after the street is
widened.
The current setback provisions generally assures that all buildings are setback
27 feet from the curb (15' from the property line and 12' of parkway). In the
odd instance when the parkway is less than 12 feet the buildings can have
less than 27 feet of setback from the curb. The amendment will assure that
all 25 foot high two-story structures are setback at least 25 feet from the
curb.
We are making this section "prospective in nature" so that it will only apply to
buildings constructed after enactment of the amendment. All existing
buildings not meeting this standard will remain conforming as opposed to
becoming legal non-conforming.
The planning commission considered this amendment at it's October 17, 2000
meeting and wholeheartedly endorsed it on a 4-0 vote with Chairman Beaty
absent. There was no public comment at the planning commission hearing.
3. CEQA REVIEW:
The proposed amendment is a Class 5 categorical exemption for purposes of
CEQA and no further documentation is necessary.
Prepared by: Reviewed and Approved:
n�1�"`lJv
ST VE SMlTI-r PHILIP DRELL
PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT
Review and Concur: Review and Concur:
RIC ARD J. OLKERS CARLOS L. ORTEGA
ASSISTANT CITY MANAGER OF CITY MANAGER/RDA EXECUTIVE DIRECTOR
DEVELOPMENT SERVICES
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(Wp\sr\zoa00-09.cc) 2
ORDINANCE NO. _972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.25.016 SETBACK REQUIREMENTS IN THE O.P.
(OFFICE PROFESSIONAL) DISTRICT.
CASE NO. ZOA 00-09
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day
of November, 2000, hold a duly noticed public hearing to consider an amendment to the
Palm Desert Municipal Code, Chapter 25.25.016 as described above; and
WHEREAS, the Planning Commission by its Resolution No. 2023 has recommended
approval; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
the following facts and reasons to exist to justify its action as described below:
1 . That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Council in this case.
2. That ZOA 00-09 as delineated in the attached Exhibit "A" is hereby ordained.
ORDINANCE NO. 972
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BUFORD A. CRITES, Mayor
ATTEST:
RACHELLE D. KLASSEN, Acting City Clerk
City of Palm Desert, California
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ORDINANCE NO. 972
EXHIBIT "A"
That Section 25.25.016 C be amended to read as follows:
C. Street Front and Side Yard Setbacks.
1 . Street front and side yard setbacks shall be setback the greater of the
following:
A. Minimum of twelve feet with an average of fifteen feet as
measured from property line.
B. For buildings approved after October 2000 a minimum of one
foot of setback for each foot of building height as measured from
the face of curb based on ultimate planned street section.
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: October 3, 2000
CASE NO: ZOA 00-09
REQUEST: Approval of an amendment to the Zoning Ordinance Chapter
25.25.016, setback requirements in the O.P. (office professional)
district.
APPLICANT: City of Palm Desert
I. BACKGROUND:
September 5, 2000 Planning Commission directed staff to process the above noted
amendment.
II. ANALYSIS:
Staff has reviewed the setback provisions for the O.P. district. The basic front and
street side yard setbacks will remain at a minimum of 12 feet with a required average
of 15 feet. We will add a provision requiring a minimum setback from any curb equal
to one foot of setback for each foot of building height. We are declaring this section
to be "prospective in nature" so that it will only apply to buildings constructed after
enactment of the amendment. All buildings not meeting this standard will remain
conforming as opposed to becoming legal non-conforming.
This new code section will assure that new buildings will have at least one foot of
setback for each foot of building height. The amendment also provides that this
setback is to be measured from the location of the curb after the street is widened.
III. CEQA REVIEW:
The proposed amendment is a class 5 categorical exemption for the purposes of
CEQA and no further documentation is necessary.
IV. RECOMMENDATION:
That Planning Commission recommend to the City Council approval of ZOA 00-09.
STAFF REPORT
CASE NO. ZOA 00-09
OCTOBER 3, 2000
IV. ATTACHMENTS:
A. Draft resolution
B. Legal notice
Prepared by , 3 �.
Ste a Smith
Planning Manager
Reviewed and Approved
Phil Drell
Director of Community Development
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PLANNING COMMISSION RESOLUTION NO. 2023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER
25.25.016 SETBACK REQUIREMENTS IN THE O.P. (OFFICE
PROFESSIONAL) DISTRICT.
CASE NO. ZOA 00-09
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of October, 2000, hold a duly noticed public hearing which was continued to
October 17, 2000, to consider an amendment to the Palm Desert Municipal Code, Chapter
25.25.016 setbacks in the O.P. (office professional) district; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify its recommendation 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; and
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, California, as follows:
1 . That the above recitations are true and correct and constitute the findings of
the Commission in this case.
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 25.25.01 6 C.
PLANNING COMMISSION RESOLUTION NO. 2023
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 1 7th day of October, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ
NOES: NONE
ABSENT: BEATY
ABSTAIN: NONE
JAMES K. LOPEZ, Vice Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2023
EXHIBIT "A"
That Section 25.25.016 C be amended to read as follows:
C. Street Front and Side Yard Setbacks.
1 . Street front and side yard setbacks shall be setback the greater of the
following: A minimum of twelve feet with an average of fifteen feet as measured from
property line.
2. For buildings approved after October 2000 a minimum of one foot of
setback for each foot of building height as measured from the face of curb based on
ultimate planned street section.
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CITY Of PU [ U Or - RI
en' 73-510 FRED WARING DRIVE
11. r41-w 111
PALM DESERT, CALIFORNIA 92 260-2 5 78
# TEL: 760 346-0611 •
•
FAX: 75o 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 00-09
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 to amend Section 25.25.016
of the municipal code, the setback requirements in the O.P. (Office Professional) district.
SAID public hearing will be held on Thursday, November 9, 2000, at 7:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE KLASSEN, Acting City Clerk
October 23, 2000 City of Palm Desert, California
25.25.010
Chapter 25.25 H. Residential dwelling units located above the first
floor designed and maintained to be compatible with the
OFFICE PROFESSIONAL ZONE permitted or approved conditional uses on the first floor
or in the vicinity. (Ord. 791 Exhibit B (part), 1996;Ord.
Sections: 343, 1983: Ord. 273 (part), 1981)
25.25.010 Purpose.
25.25.011 Development standards. 25.25.015 Site size.
25.25.012 Precise plan of design. Minimum site size for property zoned office professional
25.25.013 Permitted uses. shall be fifteen thousand square feet; the site shall have
25.25.014 Permitted uses subject to a minimum width of seventy feet and depth of one hundred
conditional use permit. forty feet. (Ord. 273 (part), 1981)
25.25.015 Site size.
25.25.016 Building heights and setbacks. 25.25.016 Building heights`and setbacks.
25.25.017 Second-story windows. Building heights and setbacks in an office professional
25.25.018 Nonconversion. zone shall be as follows:
,a' A. Interior rear and side yards adjacent to single story
25.25.010 Purpose. residential zones.
The purpose of the office professional (O-P) zone, is 1. Minimum average twenty-foot setback for buildings
to classify and set standards for those businesses,offices, up to eighteen feet in height.
administrative or professional land uses which by their 2. For each additional foot of building height above
nature are of relative low intensity and, therefore, when eighteen feet,average setbacks shall be increased by 6.43
properly located and designated, are compatible with to sixty-five feet for a maximum twenty-five feet of building
adjacent residential zoning and the development therein. height.
(Ord. 273 (part), 1981) 3. To avoid architectural monotony,the planning com-
mission may require setbacks to vary plus or minus five
25.25.011 Development standards. feet around the required average.
The development standards set out in this chapter shall 4. Maximum building coverage not to exceed fifty
apply to all developments in the office professional zone. percent.
(Ord. 273 (part), 1981) B. Interior setbacks adjacent to two-story multifamily
and commercial zones.
25.25.012 Precise plan of design. 1. Zero or setback standard of the adjacent zone,which-
A precise plan of design will be required as specified ever is greater.
in Chapter 25.73. (Ord. 273 (part), 1981) C. Street front and side yards shall be a minimum of
twelve feet with an average of fifteen feet.
25.25.013 Permitted uses. D. Height shall be measured from the lower of the
Permitted uses in the O-P zone shall be as follows: following two points:(1)average adjacent curb elevation,
A. General offices; or(2)average of pad elevations of directly adjacent proper-
B. Medical offices; ties and curb elevation point.Elevation of vacant lots shall
C. Laboratories(medical and dental).(Ord.273(part), be measured at the center of the lot.Average shall be the
1981) sum of each elevation divided by the number of elevations.
+, (Ord. 449 § 2 (part), 1986)
"� 25.25.014 Permitted uses subject to
S conditional use permit. 25.25.017 Second-story windows.
S Permitted uses subject to conditional use permit in any There shall be no second-story windows with open views
I" O-P zone shall be as follows: to adjacent single-story residential zones. (Ord. 449 § 2
-d A. Professional schools; (part), 1986)
s B. Business schools;
C. Art galleries; 25.25.018 Nonconversion.
S D. Art studios; No single-family residential structure may be converted
0. E. Financial institutions; to a nonresidential use without approval of a precise plan.
...a. F. Commercial parking; (Ord. 273 (part), 1981)
-s G. Churches;
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385 (Palm Desert 8-96)
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