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HomeMy WebLinkAboutOrd 1086 - ZOA 04-02 Amend PDMC Sec 25.58.310.D - Street Parking ScheduleREQUEST: CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Consideration of an amendment to Municipal Code Section 25.58.310.D, clarifying the Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) CASE NO: ZOA 04-02 DATE: November 18, 2004 CONTENTS: Staff Recommendation Background Planning Commission Minutes of October 19, 2004 Planning Commission Resolution Draft Ordinance I. RECOMMENDATION: Pass ordinance No. 1086 Municipal Code Section 25.58.310D, to second reading. II. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. October 19, 2004 the Planning Commission recommended approval of this amendment on a 3-0-2 vote with Commissioners Campbell and Finerty absent. II. DISCUSSION: Ordinance No. 1086 A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.D (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 D. Manufacturing Plants and Kindred Uses. Ordinance No. 1086 USE MINIMUM PARKING STALLS REQUIRED 1. Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for storage. area. 3 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Ordinance No. 1086 Category 1 is the most used section and it requires two spaces per 1,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Planning Commission recommends that Categories 1, 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Planning Commission recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 Planning Commission minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The current code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and 4 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Ordinance No. 1086 more warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. In the event that office area in a building exceeds 50% of the total floor area then all office area shall be parked at office standards. Planning Commission recommends that this policy be codified. III. CONCLUSION: Planning Commission recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. If the office use building exceeds 50% of the total floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1,000) office standards. IV. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. 5 STAFF REPORT CASE NO. ZOA 04-02 NOVEMBER 18, 2004 Prepared by: Planning Manager Review . d Concur: Homer Croy ACM for Develo • ment Services /dq 6 Ordinance No. 1086 Reviewed and Approved by: Phil Drell Director of Community Development Review and Concur: Carlos Ortega City Manager ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of November, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2302 recommending approval of the proposed amendment; 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. 02-60," 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 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. 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 City Council in this case. 2. That ZOA 04-02 as delineated in the attached Exhibit "A" is hereby ordained. 3. 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 effective thirty (30) days after its adoption. ORDINANCE NO. 1086 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 BOB SPIEGEL, Mayor ORDINANCE NO. 1086 Section 1: EXHIBIT "A" That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1. Industrial uses of all types except a structure used exclusively for warehouse purposes. 2. Mini warehouse/self storage. 3. Public utility facilities including, but not limited to, electric, gas, water, telephone and telegraph facilities not having business offices on the premises. 4. Warehouses, storage buildings or structures used exclusively for storage purposes. 2 for each 1,000 square feet of gross floor area. Loading spaces may be counted as part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 1 for each 2 employees in the largest shift plus 1 for each vehicle used in connection with the use. A minimum of 2 spaces shall be provided for each such use regardless of building space or number of employees. 2 for each 3 employees, but in no event Tess than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 ORDINANCE NO. 1086 In Category 1 and 4 above, building area may be reduced by up to 1 5% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1 ,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 E CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 19, 2004 CASE NO: ZOA 04-02 REQUEST: Amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. APPLICANT: City of Palm Desert (Initiated by Planning Commission August 3, 2004) I. BACKGROUND: During the August 3, 2004 processing of an industrial/office building on 42nd Avenue, it became apparent that there was confusion with respect to the parking required for hybrid industrial/office buildings. At the end of the hearing Commission on a motion by Campbell, seconded by Tschopp, directed staff to initiate a code amendment to clarify parking requirements for mixed use office/warehouse in the S.I. zone district. Motion carried 5-0. Staff will also clarify the basic provisions of the parking requirements for uses in the S.I. zone. II. DISCUSSION: A. PRESENT CODE PROVISIONS: Municipal Code Section 25.58.310.D (copy attached) prescribes the parking requirements for "Manufacturing Plants and Kindred Uses." These are the uses generally found in the S.I. zone. Keep in mind that parking is based on the use on a property, not the zoning (i.e., a restaurant in the S.I. zone provides parking for a restaurant, not an industrial warehouse). In Section 25.58.310.D there are presently five categories of uses, as follows: STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1 . Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 5. Wholesale establishments and 1 for each 3,000 square feet of gross floor warehouses not used exclusively for storage. area. 2 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 Category 1 is the most used section and it requires two spaces per 1,000 square feet of gross floor area. Over time we have generally allowed these uses to exclude up to 15% of the floor area for non usable areas like restrooms, utility closets, elevators, stairways and landings. Category 2, which applies to mini storage facilities, is a recent code amendment and seems to be working adequately based on observations of recently completed mini storage facilities on Hovley east of Corporate Way and at Country Club and Harris Lane. Category 3 applies to public utility facilities. This standard has only been used once to our knowledge for the So. California Gas facility on Sego Lane and it has worked adequately. Category 4 applies to warehouse facilities which are 100% warehouse. Prior to the addition of Category 2 "mini storage" we also used this standard for self storage. This category is adequate for such projects. Category 5, "Wholesale establishments and warehouses not used exclusively for storage" presents a quandary. Staff cannot determine when it would ever be used or what a "warehouse not used exclusively for storage" would be. Fortunately, this section has never been used. Staff recommends that Categories 1, 2, 3 and 4 be retained with the addition of language providing for exclusion of stairways, elevators, landings, restrooms and mechanical rooms not exceeding 15% of the gross floor area in Categories 1 and 4. Staff recommends that Category 5 be rescinded. B. CLARIFICATION OF HYBRID OFFICE/WAREHOUSE USES: A review of the August 3, 2004 minutes indicates that the area of confusion in hybrid buildings occurred when the 20% threshold for offices was exceeded. The question was is a hybrid building with 25% office use required to provide parking for the entire 25% office area or only for 5% above the 20% threshold. The code provisions, Category 1 above, do not discuss the matter of offices associated with warehouse operations. As staff processed more and more 3 STAFF REPORT CASE NO. ZOA 04-02 OCTOBER 19, 2004 warehouse applications, it became evident that all warehouse facilities have at least a minor office component to support the warehouse. Originally those applicants showing office areas on their plans were required to provide parking at the office standard (4 spaces/1,000 square feet). Eventually, staff determined that offices not exceeding 20% of the building area could be included under the basic parking requirement for the warehouse use. Office area in excess of the 20% threshold is parked at the office parking standard. Staff recommends that this policy be codified. III. CONCLUSION: Staff recommends that Municipal Code Section 25.58.310.D "Manufacturing Plants and Kindred Uses" be amended as follows: A. Add a provision to Categories 1 and 4 permitting the exclusion of up to 15 % of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. B. Delete Category 5 "Wholesale Establishments and Warehouses Not Used Exclusively for Storage." C. Add a provision to Category 1 and 4 to clarify that in hybrid warehouse / office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold to be parked at the office parking standard. IV. RECOMMENDATION: A. Approval of the findings and adoption of Planning Commission Resolution No. , recommending to City Council approval of Case No. ZOA 04-02. V. ATTACHMENTS: A. Draft resolution B. Legal notice 4 PLANNING COMMISSION RESOLUTION NO. 2302 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.58.310 D OFF STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND KINDRED USES. CASE NO. ZOA 04-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of October, 2004, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.58 as described above; 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. 02-60," 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. 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 Planning 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." PLANNING COMMISSION RESOLUTION NO. 2302 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of October, 2004, by the following vote, to wit: AYES: LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: CAMPBELL, FINERTY ABSTAIN: NONE ATTEST: 1l_—O PHILIP DRELL, ecretary Palm Desert Planning Commission 2 SAB: JONA HAN, Chairperson PLANNING COMMISSION RESOLUTION NO. 2302 EXHIBIT "A" Section 1: That Section 25.58.310 D be amended to read as follows: D. Manufacturing Plants and Kindred Uses. USE MINIMUM PARKING STALLS REQUIRED 1. Industrial uses of all types except a 2 for each 1,000 square feet of gross floor structure used exclusively for warehouse area. Loading spaces may be counted as purposes. part of the required parking at a rate not to exceed 1 per 2,500 gross square feet. 2. Mini warehouse/self storage. 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by the Director of Community Development through the precise plan process. 3. Public utility facilities including, but not 1 for each 2 employees in the largest shift limited to, electric, gas, water, telephone plus 1 for each vehicle used in connection and telegraph facilities not having business with the use. A minimum of 2 spaces shall offices on the premises. be provided for each such use regardless of building space or number of employees. 4. Warehouses, storage buildings or 2 for each 3 employees, but in no event structures used exclusively for storage less than 1 for each one thousand square purposes. feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 3 PLANNING COMMISSION RESOLUTION NO. 2302 In Category 1 and 4 above, building area may be reduced by up to 15% of the floor area for non usable areas such as stairways, elevators, landings, interior mechanical rooms and restrooms. In hybrid warehouse/office buildings up to 20% of the building area may be office space associated with the main warehouse use. Office space above the 20% threshold shall be parked at the general office parking standard. If office use exceeds 50% of total building floor area, entire office use will be parked at the four spaces per 1,000 square feet (4/1,000) office standard. Section 2: That the current section dealing with "Wholesale Establishments and Warehouses Not Used Exclusively for Storage" be rescinded. 4 USE Bowling alleys and billiard halls Commercial stables Driving ranges (golf) Golf courses (regulation course) Pitch and putt Skating rinks, ice or roller Swimming pool (com- mercial) Tennis facility (com- mercial) C. Health Uses. Convalescent and nursing homes, homes for aged, rest homes, children's homes and sanitariums MINIMUM PARKING STALLS REQUIRED 2 for each alley, two for each billiard table contained therein Sufficient area, treated to prevent dust, to provide for the needs of customers and employees but not less than one assessable space for each five horses kept on the premier 1 per tee, plus the spaces required for additional uses on the site 5 per hole plus the spaces required for additional uses on the site 3 per hole, plus require- ments for accessory uses 1 for each 100 square feet of gross floor area, plus tbe: spaces required for addi- tional uses on the site 1 for each 500 square feet of pool area, plus the spac- es required for additional uses on the site 3 for each court plus the spaces required for addi- tional uses on the site 1 for every 4 beds in accor- dance with the resident cap- acity of the home as listed on the required license or permit 429 USE Dental clinics or offices and medical clinics or offices Health studios and spas Hospitals Veterinary hospitals, and beds D. Manufacturing Plants and Kindred Uses. Industrial uses of all types except a structure used exclusively for warehouse purposes Mini warehouse/self storage 25.58310 MINIMUM PARKING STALLS REQUIRED 6 for each 1.000 square feet of gross floor area. Based upon submittal of a tenant improvement floor plan, planning commission may grant up to a 15% parking reduction. Items to be con- sidered in granting such reduction shall be: 1. Elevators, stairways and landings; 2. Interior utility facilities; 3. Restroom areas; 4. Nonleasable common areas 1 for each 150 square feet of gross floor area (For the purpose of this subsection. swimming pool area shall be counted as floor area) 13/4 for each patient bed 1 for each 300 square feet of gross floor area 2 for each 1,000 square feet of gross floor area. Loading spaces may be counted as part of the required perking at a rate not to exceed 1 per 2500 gross square feet 6 spaces per complex plus 2 spaces for any caretaker unit additional parking may be required by tbe director of community development through tbe precise plan process. (Palm Desert 10-99) 2558.310 USE Public utility facilities including, but not limited to electric, gas, water, telephone and telegraph facilities not having business offices on the Premises Warehouses, storage build- ings or structures used exclusively for storage pins Wholesale establishments and warehouses not used exclusively for storage E Places of Assembly. Auditoriums, theaters, sports arenas, stadiums Churches and other place of assembly not specified above Libraries (Pals Dann 1499) M INMIUM PARKING STALLS REQUIRED 1 for each 2 employees in the largest shift ptus 1 for each vehicle used in con- nection with the use. A minimum of 2 spaces shall be provided for each such use regardless of building space or number of em- ployees 2 for each 3 employers, but in no event less than 1 for each one thousand square feet of gross floor area for the first twenty thousand square feet; 1 for each two thousand square feet; 1 for each two thousand square feet of gross, floor area for the second twenty thousand square feet; 1 for each four thousand square feet of gross floor area for areas in excess of the initial forty thousand square feet of floor area of the building. 1 far each 3,000 square feet of gross floor area 1 for each 3 seats or 1 for each 35 square feet of gross floor area where there are no fixed seats 1 for each 3 fixed seats within the main auditorium or for every 35 square feet of seating area within the main auditorium where there are no fixed seats; 18 linear inches of bench shall be considered a fixed seat 1 for each 500 square feet of gross floor area 430 USE Private clubs, lodge halls, union headquarters Restaurants, (takeout res- taurants) and other eating establishments including lounges for the consump- tion of food and beverages F. Other Uses. Day nurseries, including preschools and nursery schools MINIMUM PARKING STALLS REQUIRED 1 for each 75 square feet of gross floor area 10 minimum and 10 for each 1,000 square feet of gross floor area for restaur- ants up to 3,000 square feet and 15 spaces for each 1,000 square feet of gross floor area in excess of 3,000 square feet of gross floor area 2 for each 3 employees and teachers plus 1 loading space for each .8 children G. When a fractional figure is found as a remainder in computations made to determine the numbs of required off-street parking spaces or garages the fraction shall be construed as the next larger whole number. H. Parking area shall be computed by adding the areas used for access drives. aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking. (Ord. 903 Exhibit A. 1999; Ord. 883 Exhibit A. 1998; Ord. 335 (pan), 1983; Ord. 314 (part). 1982; Ord. 264 § 4, 1981; Ord. 213 § 1 (part), 1979; Ord. 128 §§ 7 (part), 10, 1976; Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-7) 25.58311 Conditional use permit required. A. All uses within the C-1 zone requiring a greater than one space per two hundred fifty square feet parking stall to floor area ratio shall be required to acquire a condi- tional use permit as set forth in Chapter 25.72 of this title. B. As part of said conditional use permit the commis- sion may modify the parking requirements for said use. In modifying such requirements the commission shall consider 1. The parking demand generated by said use in relation to other uses in the area; 2. The hours of operation of said use in relation to the hours of operation of other uses in the area; 3. The relationship of the type of use to other uses in the area; 4. Any other factor the commission might deem necessary in making its decision. (Ord. 264 § 5, 1981) i 4 4 1 a 4 4 4 1 1 • 1 4 4 A MINUTES PALM DESERT PLANNING COMMISSION r.„,„ SUBJECT T( - REVISION OCTOBER 19, 2004 Commissioner Lopez moved for approval and Commissioner Tschopp seconded. Chairperson Jonathan asked for confirmation that the motion and second incorporated the added condition of approval, Condition No. 10. Commissioners Lopez and Tschopp concurred. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2301, recommending to City Council approval of TT 31071, subject to conditions as amended. Motion carried 3-0. H. Case No. ZOA 04-02 - CITY OF PALM DESERT, Applicant Request for a recommendation to City Council to approve a zoning ordinance amendment to Municipal Code Section 25.58.310.D, Off Street Parking Schedule for Manufacturing Plants and Kindred Uses. Mr. Smith reviewed the salient points of the staff report and recommended that the Planning Commission recommend approval of the zoning ordinance amendment to the City Council. Looking at the verbiage to make sure it was very clear what the intent was, Commissioner Tschopp noted that the office space above the 20% threshold would be parked at the office parking standards, which is just the amount that is above the 20%, period. Mr. Smith agreed. They get the 20% and after that they would provide parking at 4/1,000. Commissioner Tschopp asked if he was the only one who thought it could still be confusing in the future. Mr. Drell thought they could say anything in excess of the 20% threshold could be parked at office standard. Chairperson Jonathan summarized that office space in excess of the 20% threshold shall be parked at the office standard. Mr. Smith pointed out that they were just changing the word above to in excess of. Chairperson 22 MINUTES PALM DESERT PLANNING COMMISSION tAFT- SUBJECT Tf REVISION OCTOBER 19, 2004 Jonathan asked if it clarified it in Commissioner Tschopp's mind. He concurred. Given what they have done in the past, Commissioner Tschopp asked if the 20% parking and the way they have been doing it, if staff could see many instances where this new code would not work. Mr. Smith said no, this has been staffs observation and they noted it with respect to mini warehouses. They brought in that code amendment about three years ago and they have been observing the recent mini storage facilities and with just the six or eight spaces, depending on if they have a manager's unit, it is more than adequate. They had a similar experience with warehouses and the offices as an ancillary use. It seemed to be working well. Mr. Drell stated that every industrial operation has an office component. Every warehouse has a place with someone physically there at a desk, answering the phone. That is really why they have steered everyone toward the 2/1,000 standard which presumed some office use, as opposed to the other standards at 1/1,000. Mr. Smith said up to 20,000. Mr. Drell said that the problems that occurred in the County were because people built to the 1/1,000 and then put in the offices. That is why they have convinced people, and most put in above the 2/1,000 in anticipation of more offices. The 2/1,000 assumed some office and they just never quantified it. Now they were quantifying it. Chairperson Jonathan noted that in the past once office use exceeded 20% they applied the 4/1,000 to the entire office use. Mr. Smith said that is the way they started out. Chairperson Jonathan said that was their other option. The reason he had kind of been pushing this is because he thought there would be a proliferation of the office/warehouse in the north sphere such as they were seeing now along Dinah Shore, Gateway Industrial Park and all those other projects. So he thought they would be seeing a lot of those applications like in parts of Cook Street where the office is maybe 20%, sometimes 30%, and then a warehouse in the back. If they were looking at a 10,000 square foot building that has a 2,000 square foot office, they would end up with 20 parking spaces, maybe less the 15%, so maybe 17 parking spaces. Under normal circumstances, that would probably be enough. His concern was if they have kind of a hybrid situation and they end up with 40% office or 60% office, then to give them 20% of that at 2/1,000 because there are those hybrids where half is office and half is storage or display, so he 23 MINUTES PALM DESERT PLANNING COMMISSION SUBJECT TC - REVISION OCTOBER 19, 2004 didn't have an answer. His objective was to at least get this straight so they know what they're doing and what they are telling applicants. Commissioner Tschopp said that was kind of where he was heading. He was wondering if there was a cap. Once they hit a certain percentage of office space, they are no longer a warehouse. Because he understood that the standard warehouse has to have some office, but they are talking about a very small portion of the zoning. Once it exceeds that portion, it becomes more of an office. He was thinking there should be a cap and if they exceed X percentage of the building in offices, the 20% goes away and they need to park for an office complex. Mr. Drell asked if they had a multi -tenant building and they have four spaces and three of them are pure offices and one of them is a warehouse with a small office, the way it is worded, the 20% has to be associated with the warehouse. Mr. Smith concurred. Mr. Drell said that in the situation he just described, regardless of what is left those pure offices are going to be parked as offices. So they would look at them space by space of how the project is designed, but offices that aren't associated with a warehouse, whether they are 20% or not, they would require the 4/1,000. Chairperson Jonathan didn't think that addressed the potential problem that he thought Mr. Drell was describing. If they have a building design that is 50% office, the front is office and the back is warehouse, then he thought the possibility would be that at that point essentially they would view the entire 50% of office at 4/1,000 and the warehouse would be at 2/1,000. Mr. Drell asked why we would do that. Chairperson Jonathan said what happens is there are a lot of cars in that situation and it becomes more of an office situation. The 20% didn't get a free ride at the 2/1,000 at that point, because it is more of an office use. Mr. Drell noted that the 2/1,000 was really based on 1/1,000 for the warehouse and 4/1,000 for a little bit of office, so they amalgamated that together to 2/1,000. In his scenario what would make sense was to have 4/1,000 for the pure office and 1/1,000 for whatever warehouse was left. Chairperson Jonathan disagreed. Mr. Drell said that the 2/1,000 presumes some office. Chairperson Jonathan recalled when they went to 6/1,000 for medical use. Mr. Drell said that was a use decision. Chairperson Jonathan agreed and pointed out that it was because our experience as a city was that 5/1,000 wasn't enough for medical use. He thought their experience collectively as a city is that in an office/warehouse situation, now that they've seen so many of them, they understood that 24 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 19, 2004 . SUBJECT Tf i t - REVISION 1/1,000 for the warehouse portion is insufficient. In general, that type of service industrial/office warehouse situation deserves 2/1,000, except where the office is beyond incidental and becomes an integral part. The suggestion there is perhaps, if he was hearing Commissioner Tschopp correctly, is that they don't give a free ride on the 20% once it exceeds a certain threshold. Commissioner Tschopp agreed, once it becomes more of an office building than a warehouse -type industrial use. If they weren't seeing a problem with that, they didn't need to address it, but he asked at what point the building became more of an office than it does a warehouse. Mr. Drell said that obviously if the whole use was office, it's an office. Chairperson Jonathan asked if it was 80% office and 20% warehouse, did the first 20% of office go in at 2/1,000. That wouldn't make sense. Mr. Drell said that when the 20% is the same size as the warehouse. In reality, for that associated use it is really 50-50 at that point. If they wanted, they could put an addition on it to say when total office use exceeds 50%, then all of it would be counted as an office. Chairperson Jonathan said he agreed with that. Mr. Smith indicated that for a 10,000 square foot building they were talking about four parking spaces. Mr. Drell asked if that was the difference between the 20% free ride and all of it. Mr. Smith concurred. Mr. Drell said it wasn't a big deal. Chairperson Jonathan said they should just add it then. Sometimes those four spaces make all the difference. Mr. Smith said that if they wanted to put a cap on it, they just had to give staff a number. Chairperson Jonathan noted they could leave it the way it is, or they could say up to 20% is strictly 2/1,000 for the entire building. If they go over 20%, then the excess over 20% is subject to the 4/1,000. But in the event that office use exceeds 50%, then the entire office must be parked at the office standard of 4/1,000. They could do that or just disregard it. Mr. Drell said that to a certain degree it depends on how the building is divided. Commissioner Tschopp said that the more it is divided up, the more cars they could have potentially parking there because there are more office workers per part as a whole. He thought it was a good idea and it still didn't preclude looking at them on a case by case basis. Commissioner Lopez said he could see the merit of having a cap and was trying to see it from the other side. He didn't see where it would hurt to establish a cap. He asked if it would limit the ability of someone to develop 25 MINUTES "'FT SUBJECT Tt �` � � � REVISION PALM DESERT PLANNING COMMISSION OCTOBER 19, 2004 product or a project that would work. Once they got past 50%, they were right. It became office space with a lot of storage at that point. Chairperson Jonathan said that Mr. Smith was right; at that point all they were telling them to do was put in another four parking spaces. Mr. Smith noted that was on a typical 10,000 square foot building. Chairperson Jonathan concurred. The difference was just with the 20% base and goes from two to four. He was comfortable with that and it was a recommendation for Council to consider. But he could see Commissioner Tschopp's point. Once they exceed a certain level it is more of an office building that happens to have a warehouse. Commissioner Tschopp agreed with staff. Parking is based on use on a property, not the zoning. If it is 50% office, then it needed to be parked as office. Chairperson Jonathan asked for clarification on the 15% reduction. He asked if that was to the office portion. If they were going to have hallways, bathrooms and closets, etc., it was therefore the office portion. Mr. Drell concurred. Chairperson Jonathan said that one of the things they want to think about is what the actual reduction is to the parking spaces. Is it to the 20% portion so they are only reducing at the 2/1,000 or if it was the excess and at 4/1,000. He wasn't sure they needed to get into that with the ordinance, but that would come up in the design. Someone will say if they get a 15% reduction, how does that translate into reduction in parking. Mr. Smith thought they would do it to a ratio of how much is in each part of the building. Chairperson Jonathan concurred. He summarized that the suggestion is to add a little bit of language that says that in the event the office use exceeds 50% of the total building area, then the entire office space shall be parked at the office standard. With that addition, he asked if there was a motion. It was noted by staff that the public hearing needed to be opened and public testimony requested. Chairperson Jonathan opened, the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed amendment. There was no one and the public hearing was closed. 26 MINUTES PALM DESERT PLANNING COMMISSION r SUBJECT Tt REVISION OCTOBER 19. 2004 Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2302, recommending to the City Council approval of Case No. ZOA 04-02 as amended. Motion carried 3-0. Chairperson Jonathan thanked staff for getting this clarified. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None. B. LANDSCAPE COMMITTEE None. C. PROJECT AREA 4 COMMITTEE None. XI. COMMENTS Commissioner Lopez noted that the November 16 agenda was going to be quite full. Mr. Smith said yes, it would reflect the fact that wasn't a meeting on the 2nd. Chairperson Jonathan asked if there was any interest or reason to have a first meeting in November, but not on Tuesday night. Staff noted that it would be too late to run any noticed public hearings. It had to be in the paper yesterday. And the continued items couldn't be heard because they were continued to a date specific on the 16th. 27 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Mr. Drell reported that staff believed this project was ready for the Commission's consideration, but the applicant is requesting another continuance. Mr. Drell noted that the Commission has the option of commenting on the case. Chairperson Jonathan opened the public hearing, and noting that no one requested to address the Commission regarding this matter, asked the Commission for comments. Commissioner Finerty noted that Page 2 of the staff report references the proposed drive-thru, and asked if this project will be coming back to the Commission after the Architectural Review Committee has reviewed it, particularly the landscape plan, as she was concerned about proper screening of the drive-thru. Mr. Drell confirmed that the project will come back to the Commission for review. Commissioner Campbell asked about the reason for the applicant=s request for a continuance, to which Mr. Drell replied that it was for some business - related reason which was not made clear to him. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to continue the case to September 7, 2004. Motion carried 5-0. B. Case No. PP 03-23 - GLASSTONE, INC., Applicant Request for approval of a precise plan of design to allow the construction of a 21,262 square foot office/industrial building located at 74-794 42nd Avenue. 4 Mr. Bagato reviewed the salient points of the staff report. Commissioner Tschopp noted that there appears to be storage of materials in the back, and asked if those materials are actually stored on the subject property. Mr. Bagato explained that the stone materials are actually stored on the property behind the subject parcel, and both parcels are owned by the applicant, who intends to store the stone inside the building after it is constructed. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Commissioner Campbell asked if the drawings reflect the change in stone work on the face of the building that was recommenced by the Architectural Review Commission (ARC) and asked why the changes were proposed. Mr. Bagato noted that this project went to ARC several times and there were many changes. The original proposal include stone covering the entire elevation all the way up to the top, and the ARC didn=t agree with that. One change which has not been reflected on the drawings is that the stone will wrap around the bottom portion of the street side of the parking lot, and the applicant has agreed to do so. Chairperson Jonathan noted that staffs analysis of the parking requirement is 42 spaces, but it is his understanding that any warehouse building which has office space in excess of 20% of the total building must have parking calculated at four spaces per 1,000 square feet for the office and two spaces per 1,000 square feet for the warehouse space, and based on the latter calculation, the parking requirement would be 63 spaces. Mr. Bagato clarified that the first 20% of office can be calculated at the warehouse rate, while the remaining office space was calculated at the office rate. Chairperson Jonathan believed the calculation used by staff was inconsistent with the methodology that the Commission has been advised is in place. Mr. Drell indicated that in years past, the parking calculation was done in the manner referenced by Chairperson Jonathan, and boh staff and the Commission found that calculation resulted in more parking than is actually needed. Therefore, in more recent years staff has been consistently calculating in the manner that was used by Mr. Bagato. Chairperson Jonathan suggested that a more formal policy be adopted regarding the parking calculation of a blended building, i.e., an office/warehouse where the office space exceeds 20% of the total square footage. Mr. Drell suggested that the Commission may wish to direct staff to initiate a zoning ordinance amendment to clarify the parking standard as it relates to these hybrid buildings. There being no further questions, Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. DANA KELSTROW, 74-780 42ND Avenue in Palm Desert, stated he is half -owner of the building, along with his partner, who owns 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 3, 2004 Glasstone, and clarified that Glasstone will use 80% of the building, with the remainder of the building to be used by tenants. He stated that the building will be a beautiful addition to the area. Chairperson Jonathan closed the public hearing and asked the Commission for comments. Commissioner Campbell complimented the building architecture. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2283, approving PP 03-23, subject to conditions. Motion carried 5-0. Commissioner Campbell moved, seconded by Commissioner Tschopp, to direct staff to initiate a zoning ordinance amendment with regard to clarification of parking requirements for a mixed use office/warehouse building under the Service Industrial zoning district. Motion carried 5-0. C. Case No. CUP 04-13 - THE ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, Applicant Request for approval of a conditional use permit for a master plan for the Sacred Heart Church and School which involves demolition of nine existing residential duplex units, clubhouse and swimming pool, construction of 6,668 square feet of additional classroom space, construction of new lunch shade structures, a new 86-space parking lot with access from Deep Canyon, relocation of a playground, construction of a 17,590 square foot parish hall including a gymnasium, stage, food preparation area, restrooms and storage area, modification of an existing parking lot/ playground into a plaza area and reduced/reconfigured parking lot, demolition of an existing single family home fronting on 5 CITY Of PRIM OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX 760 341-7098 ,nfoLep.lm ae Eng CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 04-02 NOTICE 1S HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to the street parking schedule, Municipal Code Section 25.58.310.D Manufacturing Plants and Kindred Uses. SAID public hearing will be held on Tuesday, October 19, 2004, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. Califomia, 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 andlor 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 Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary October 4, 2004 Palm Desert Planning Commission