HomeMy WebLinkAboutOrd 1086 - ZOA 04-02 Amend PDMC 25.58.310 (D) Off-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: January 13, 2005 continued from November 18, 2004
CONTENTS:
Staff Recommendation
Background
Discussion
Draft Ordinance No. 1086
December 9, 2004 Staff Report from Mark Greenwood
City Council Minutes of November 18, 2004
November 18, 2004 City Council Staff Report
Staff Recommendation:
Pass Ordinance No. 1086 amending Municipal Code Section 25.58.310 D
to second reading.
Background:
This matter was continued from the City Council meeting of November 18,
2004, at which time a subcommittee was appointed to discuss issues that were
raised (see attached minutes).
Staff Report
Case No. ZOA 04-02
Page 2
January 13, 2005
The subcommittee met and directed staff as follows:
1 . That in Section 3 related to public utilities, the provision requiring "1 for
each 2 employees" be changed to "1 for each employee" and that
Planning Commission be authorized to reduce this requirement based on
a specific showing by specific users.
2. That the provision to rescind Category 5 "Wholesale Establishments and
Warehouses Not Used Exclusively for Storage" be deleted. It was felt
that this category could be used for "distribution" businesses such as
Coke or Pepsi.
3. That the provision to allow floor area reductions of up to 15% for non -
usable areas such as stairways, elevators, landings, interior mechanical
rooms and restrooms in Categories 1 and 4 be deleted.
Discussion:
Staff has no issue with items 1 and 2 as directed by the subcommittee and
those changes have been made to the draft ordinance.
The provision allowing up to a 15% reduction for non -usable floor area should
be discussed further. This provision is presently provided for in the O.P. zone,
in the C-1 zone and in the PC Planned Commercial District. By policy, staff has
used it in the Service Industrial District for many years.
Businesses which have been afforded this reduction are not the problem users
in the Cook Street Industrial Park and are not a problem in other zone districts.
The problem users are the businesses which greatly expand their number of
employees without providing additional parking and/or which have eliminated
on -site parking (i.e., Time Warner) or where interior space is changed to
accommodate far more employees than was shown on plans reviewed by the
City (i.e., Cold CaII Cowboy's telemarketing operation).
In the case of Time Warner, the Council on December 9, 2004 directed Public
Works staff to implement angle parking on the south side of Lennon Place,
angle parking on the east side of Eclectic Avenue, and implement two-hour
time -limited parking on the northwest corner of Lennon and Eclectic.
Staff Report
Case No. ZOA 04-02
Page 3
January 13, 2005
This should address the Time Warner problem, and federal law establishing a
national "do not call list" resulted in Cold Call Cowboy needing to employ fewer
staff.
Parking standards have been established at a sufficiently high level to
accommodate the vast majority of contemplated uses. Over time developers
have provided higher amounts of non -usable space. This is a result of state
mandates related to the size of handicap bathrooms and a result of developers
providing more common amenities. The only space which is eliminated under
this provision is "non -usable space" such as stairways, elevators, landings,
interior mechanical rooms and restrooms.
In the vast majority of projects which have utilized this reduction in commercial,
office and industrial districts, there is not a parking problem.
Staff recommends that a provision be added to the S.I. District to allow up to
15% reduction for non -usable space.
Submitted by:
� p
Steve Smith
Planning Manager
Approval:
Homer Croy
ACM for Develo• i'* nt Services
/tm
Department Head:
Director of Community Development
Approval:
Carlos L. Orte
City Manager
(Wpdocs\tm\sr\zoa04-02.cc)
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 which was continued to January
13, 2005, 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. 04-106," 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 approval 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,
ORDINANCE NO. 1086
published and circulated in the City of Palm Desert, California, and shall be in
full force and effective thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this day of , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
2
BUFORD A. CRITES, 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.
5. Wholesale establishments and warehouses
not used exclusively for storage.
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 1 employee 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 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 for each 3,000 square feet of gross floor
area.
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 in Category 3 the Planning Commission as part of the precise plan process may
reduce the amount of required parking based on specific findings related to specific users.
4
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Update to Council Directive to Investigate Parking Shortage at
Lennon Place and Eclectic Street
SUBMITTED BY: Mark Greenwood, P.E., City Engineer
APPLICANT: Mr. C. J. Massoudi
CJ's Diner
74-894 Lennon Place, Suite H-1
Palm Desert, California 92260
DATE: December 9, 2004
CONTENTS: 1. Vicinity Map
2. On -Street Parking Exhibit
Recommendation
By Minute Motion:
1. Direct Staff to implement angle parking on the south side of Lennon Place, angle
parking on the east side of Eclectic Avenue, and implement two-hour time -limited
parking on the northwest corner of Lennon and Eclectic.
2. Authorize the City Manager to award a contract for installation of angled parking stall
markings to a local contractor in an amount not to exceed $5,000.
Discussion
On June 10, 2004, the City Council directed staff to reevaluate the parking conditions in the
Lennon Place and Eclectic Street area, at the initial request of Mr. C.J. Massoudi, owner of CJ's
Diner (74894 Lennon Place).
Staff worked with both Time Warner Cable and Waste Management of the Desert to resolve the
parking issue. Despite these efforts, however, there appears to have been a negligible increase
of available parking in the area and the concerns originally expressed by Mr. Massoudi's still
remain.
Staff Report - Update to Parking Shortage at Lennon Place and Eclectic Street
Page 2 of 2
December 9, 2004
On October 28, 2004, the City Council directed Staff to further evaluate the parking conditions in
the Lennon Place/Eclectic Street area and formulate options to address the parking shortage.
Between November 8 through November 12, Staff conducted a study of the on -street parking
demand on Lennon Place and Eclectic Street. Results of the study indicate that Eclectic Street
and the eastern half of Lennon Place are parked at or near capacity during the morning and
noon periods and that a large majority (over 90%) of the vehicles are parked long-term.
Staff has reconsidered the establishment of time -limited parking due to the high demand for
Tong -term parking in the immediate vicinity of CJ's Diner. Establishment of time -limited parking
zone on the northwest corner of Lennon Place and Eclectic Street will create spaces with a
higher turnover rate thereby providing patrons of the Diner a greater opportunity to find
convenient parking.
Staff has also reconsidered the installation of angle parking in the area. Staff re-evaluated the
on -street parking and concluded that both Lennon Place and Eclectic Street are wide enough to
safely accommodate angled stalls if installed on only one side of the street. Preliminary layouts
suggest that the number of on -street parking stalls can increase from 35 to 50 spaces on
Lennon Place and from 33 to 47 spaces on Eclectic Street if angled parking is installed on the
south and east side, respectively. (See Exhibit 1). Installation of the angled parking will
increase on -street parking where the demand is high as well as compensate for the long-term
spaces lost to time -limited parking on the northwest corner of Lennon Place and Eclectic Street,
if implemented.
Staff recommends that Council authorize the installation of angle parking on the south side of
Lennon Place, installation of angle parking on the east side of Eclectic Street, and
establishment of 2-hour time -limit parking on the northwest comer of Lennon Place at Eclectic
Street. This work is estimated to cost $5,000 and funds are available in Striping Account No.
110-4315-433-3320.
Submitted by: Department Head:
Mark Greenwood, P.E. Michael Errante, P.E.
City Engineer Director of Public Works
Approval:
Homer Croy
ACM for Development Services
City Manager
MG/msd
G:1PubWorkslStaff Reports120041December 91Staff Report - Lenon Place Parking 20041209.doc
INUTES
ADJOURNED REGULAR
PALM DESERT CITY COUNCIL MEETING
NOVEMBER 18, 2004
maintenance and a percentage of gross revenues toward a capital reserve
fund to be used as longterm needs arise. The City has the right to enforce
these requirements, and there was a process for determining whether the
maintenance budget needs to be increased in the future. If in the future the
property is at risk for significant
towner/opn, he erator court Id to he cause any
has
reserved the right to take the
deficiencies to be cured.
Mayor Pro Tem Crites moved to waive further reading and adopt Resolution
Jo. 04-122, approving Tentative Tract Map No. 33195, subject to conditions, as amended
D include the conditions presented at this meeting. Motion was seconded by Kelly and
tarried by a 5-0 vote.
D. CONSIDERATION OF AN AMENDMENT TO THE
LM D OFF-
STREET MUNICIPAL CODE, SECTION 25.58.310 (D),CLARIFYING
STREET PARKING SCHEDULE FOR MANUFACTURING PLANTS AND
KINDRED USES Case No. ZOA 04-02 (City of Palm Desert, Applicant).
Mr. Smith reviewed the staff report and offered to answer any questions.
Councilman Kelly questioned Use #3 on Page 3 of the staff report regarding
one parking space per each two employees. He questioned that ratio for
employees of Waste Management and Time Warner Cable and said there
was no way there was one car for every two employees. He felt this was
something that needed to be resolved, and he was not willing to vote in favor
of something he already requirements
would not work. He said he ents rather than lowering the requaalso like to
see more stringent requirements.
Councilman Ferguson asked if this would apply to new development, and
Mr. Smith responded that it did so apply. Councilman Ferguson asked what
would happen if a business complied with the two to one ratio and then
doubled its employees. Mr. Smith responded that they would need to add
more parking.
Mayor Pro Tem Crites asked how the City's code would address these types
of situations where the number of employees increases over the years from
what the original application noted, but the City is not aware of the increases
because there is no change to the building structure.
Mr. Croy noted that the Building Code covers open area, and it already lays
out the occupant load per square footage. No permits are required to
construct a wall inside an area less than five foot nine; therefore, if cubicles
are built inside a structure for notextra by after construction of the
building is completed, they are controlled
19
MINUTES
ADJOURNED REGULAR
PALM DESERT CITY COUNCIL MEETING
NOVEMBER 18, 2004
Mayor Spiegel stated that the number of employees at Time Warner had
increased greatly since the time when the cable company first came in as
Able Cable. In addition to employee vehicles, Time Warner had its own
company vehicles.
Councilman Kelly said there was another paragraph where it excludes
stairways, elevators, and restrooms, and he did not feel anything should be
excluded.
Mayor Spiegel suggested that this matter be continued and that he and
Councilman Kelly work with staff in the meantime to see what needs to be
done.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this matter. No testimony was offered.
Mayor Pro Tem Crites moved to continue this matter to the meeting of January 13,
2005, with Councilman Kelly and Mayor Spiegel appointed to work with staff on this matter
in the meantime. Motion was seconded by Kelly and carried by a 5-0 vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
AT LEAST 72 HOURS PRIOR TO THE MEETING.
E. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
TO PALM DESERT MUNICIPAL CODE CHAPTER 25.34.030
(CONDITIONAL USES), TO ADD A PROVISION FOR OUTDOOR SALES
OF ARTS, CRAFTS, CLOTHING, GOODS, WARES, AND OTHER
MERCHANDISE Case No. ZOA 04-03 (City of Palm Desert, Applicant).
Planning Technician Ryan Stendell reviewed the staff report and
recommendation and offered to answer any questions. Upon question by
Mayor Spiegel regarding how this would preclude a sidewalk sale, he said
sidewalk sales were on a case by case basis, and tenants would have to
come in for a temporary use permit. Each location was allowed ten such
dates per year; whether they chose to use them or not was their decision.
This zoning ordinance amendment would allow businesses like the Art Place
to display their paintings and sculptures outdoors all the time.
Mayor Spiegel said he felt clothing should not be allowed as an approved
outdoor sale, and Councilmember Benson agreed. Mr. Stendell stated that
approving this zoning ordinance amendment did not mean tenants were
automatically granted approval for their outdoor sales; they would still have
to file applications for conditional use permits, which would be considered for
approval by the Planning Commission.
20
REQUEST:
SUBMITTED BY:
APPLICANT:
CASE NO:
DATE:
CONTENTS:
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.
Steve Smith, Planning Manager
City of Palm Desert
(Initiated by Planning Commission August 3, 2004)
ZOA 04-02
November 18, 2004
Staff Recommendation
Background
Planning Commission Minutes of October 19, 2004
Planning Commission Resolution
Draft Ordinance
1. 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 1.9, 2004 the Planning Commission recommended approval of this
amendment on a 3-0-2 vote with Commissioners Campbell and Finerty absent.
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
NOVEMBER 18, 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.
3
STAFF REPORT
CASE NO. ZOA 04-02
NOVEMBER 18, 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.
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
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.
11I. 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
TAFF REPORT
CASE NO. ZOA 04-02
NOVEMBER 18, 2004
Prepared by:
Reviewed and Approved by:
S eve Smith Phil Drell
Planning Manager
Review . d Concur:
Homer Croy
ACM for Develo 4 ment Services
/dq
6
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.
QINANCE 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
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
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
DINANCE 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.
REQUEST:
SUBMITTED BY:
APPLICANT:
CASE NO:
DATE:
CONTENTS:
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.
Steve Smith, Planning Manager
City of Palm Desert
(Initiated by Planning Commission Au
ZOA 04-02
November 18, 2004
Staff Recommendation
Background
Planning Commission Minutes of October 19, 2004
Planning Commission Resolution
* Continued to the
Draft Ordinance
•
ust 3, 2004)
!METING DATE ' �J i '*
CONTINUED TO / ` /3 ' al)
❑ PASSED TO 2ND READING
meeting of
January 13, 2005, with Councilman
Kelly and Mayor Spiegel appointed
to work with staff on this matter
in the meantime. 5-0
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
area.
storage.
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.
STAFF REPORT
CASE NO. ZOA 04-02
NOVEMBER 18, 2004
Prepared by:
S eve Smith
Planning Manager
Review . d Concur:
Homer Croy
Ordinance No. 1086
Reviewed and Approved by:
Phil Drell
Director of Community Development
Review and Concur:
Carlos Ortega
ACM for Develo i ment Services City Manager
/dq
6
ORDINANCE NO. 1086
AN 0 DINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESER CALIFORNIA, APPROVING AN AMENDMENT TO
MUNICI' ' L CODE CHAPTER 25.58.310 D OFF STREET
PARKING ` •CHEDULE FOR MANUFACTURING PLANTS AND
KINDRED U S.
CASE NO. ZO ' 04-02
WHEREAS, the City Co cil of the City of Palm Desert, California, did on the 18th
day of November, 2004, hold a ' my noticed public hearing to consider an amendment to
the Palm Desert Municipal Code, k hapter 25.58 as described above; and
WHEREAS, the Planning C mission has adopted its resolution No.2302
recommending approval of the propos- • amendment; and
WHEREAS, said application has co
Desert Procedure for Implementation of the
No. 02-60," in that the Director of Communit
is a Class 5 Categorical Exemption; and
lied with the requirements of the "City of Palm
lifornia Environmental Quality Act, Resolution
evelopment has determined that the project
WHEREAS, at said public hearing, upon hring and considering all testimony and
arguments, if any, of all interested persons desirin• to be heard, said City Council did find
the following facts and reasons to exist to justify its ecommendation as described below:
1. That the Zoning Ordinance amendment is c nsistent with the objectives of the
Zoning Ordinance.
2. That the Zoning Ordinance amendment is cons •tent with the adopted General
Plan.
3. That the Zoning Ordinance amendment would be er serve the public health,
safety and general welfare than the current regulat . ns.
NOW, THEREFORE, BE IT ORDAINED by the City Council of e City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and cons tute the findings of
the City Council in this case.
2. That ZOA 04-02 as delineated in the attached Exhibit "A" is ereby ordained.
3. The City Clerk of the City of Palm Desert, California, is heresy directed to
publish this ordinance in the Desert Sun, a newspaper of gener :I circulation,
published and circulated in the City of Palm Desert, California, a . 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
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.
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
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.
I1. 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
Tess 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
area.
storage.
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 1 9th day of October, 2004, by the following vote, to wit:
AYES: LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: CAMPBELL, FINERTY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
2
SABB
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
Tess 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 sanitarium
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
premises
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 pa- hole, plus require-
ments for accessory uses
I for each 100 square feet
of gross floor area, plus the
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
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)
1 3/4 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 parking
at a rate not to exceed I
per 2,500 gross square feet
6 spaces per complex phis
2 spaces for any caretaker
unit additional parking may
be required by the director
of community development
through the precise plan
process.
(Palm Doer 1499)
2538.310
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 structlaes used
exclusively for storage
pinposes
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
MINIMUM
PARKING STALLS
REQUIRED
1 for each 2 employees in
the largest shift phi 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 employees, but
in no event less than 1 for
each one thousand square
feet of gross floor area for
the first twenty thousand
square feet; I 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 for 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
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 number 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 (part), 1983; Ord314
(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)
25.58.311 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 arta 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)
(Palm Dien 10-99)
430
MINUTES
PALM DESERT PLANNING COMMISSION OCTOBER 19. 2004
FTSUBJECT Ti'
® REVISION
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
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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
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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
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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
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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.
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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.
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i c /0
gey(6titi p -0
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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.
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.
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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 staffls 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
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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
CITY Of PIL(O DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 1
FAX: 76o 341-7098
info@ palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 04-02
NOTICE IS 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 conceming 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 Planning Commission at, or
prior to, the public hearing.
PUBLISH: Desert Sun PHILIP DRELL, Secretary
October 4, 2004 Palm Desert Planning Commission