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HomeMy WebLinkAboutORD 1306ORDINANCE 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 CASE NO. ZOA 16-91 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 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 CommerciaUindustrial District OP C-1 PC-1 PC-2' PC-3' PC-4' SI PI Building Measurements Height, max 18' to 300 25', 2 30' 35' 35'8 30', 2 35', 2 35 stories stories stories Building size, max9 _ _ 30,000 40,000 _ _ sf sf Footnote No.7: When adjacent to single -story residential, see Section 25.96.050.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. ONO SECTION 3. Severability. If any provision of this ordinance or the application „r 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. om .r G\Plannrng9(emn Swartz\Word\.OP height exception\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 9 w day ofJune , 2016, by the following vote, to wit: AYES: HARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE i - 0 ,. . / w_ ATTEST: G.tPianning',Ke�n SwaruMord,OP height exception�Ord CC - Height Exceptions.doc