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HomeMy WebLinkAboutSUPPTL INFO - Ord. No. 1144 CI1V OF Pfllf� OESERj �j—S!O FRED WARING DRIVE PAI.M �LSER"I', CALIFC�R\IA 92260-2578 rEi: 760 346-06�� Fnx: 76o 34i-7oq8 infoC�palm-dcscrt.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 07-02 • NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a Notice of Exemption and a zoning ordinance amendment to Chapter 25.64 allowing helipads, helistops and he{icopter landings with a temporary use permit in commercial, industrial and public/institutional zones. SAID public hearing will be held on Thursday, October 1 1 , 2007, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk September 29, 2007 City of Palm Desert, California ��R��o�.�«,�,�o•�,. PRELIMINARY EXEViPTION ASSN:SSM�NT (Certificate of I�etermination When nttached to Notice of I:xemption) 1. ?�ame or descnption of project: Helicopter Zonins�Ordinanc� Amendment 2. Pro�ect I.ocation - Identify street Cummercial, Industrial,aiid PublidInstitutional zones including C-1, address and cross streets or attach a P.C., S.1. and P(see attached zoning map) map showing project site(preferably a i 15GS I5' or 7 1/2' topographical map ident�ticd by quadrangle name): �. Lntity or person undertakinb project: A. C'ity ot�Palm Dcsert B. Other(Privatc) (1) \ame (Z) Address 4. Stat�f Dctermination: l he City's Staff, havin�undertakcn and completed a prelimina�y review of this project �n accordance with the City's "I.ocal Guidelines for Implementing the California Em�ironmental Quality Act(CEQA)" has concluded that this pr�ject does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CF.QA. h. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency I'roject. d. ❑ "�he project constitutes a feasibiGty or planning study. r. � The project is catcgorically exe►npt. 150G1, subd(h)(3) Applicable [xemption Class: No possible signiticant impact on the environment f. ❑ 'Che project is stattrtorily cxempt. Applicable L•xeinption: �� ❑ The pr�ject is other�ti�ise excmpt on � the follo�t�in�hasis: h. ❑ Tl�e project im•olves another public aeency, �vhich constitutes the Lead Agency. \amc of I.cad ntency: � � Date: �jB•���2� Staf�f: P[n 'LOA 07-02 PORvI "A" City of Palm Desert �.N� D1NAN `� --�� SHORE DR b ����*'� ZOA 07-02 GERAL•D•FORD-DR PRELIMII�ARY �; EXEMPTIOIY J ASSESSMEIYT 0 a � a FRANK=SIMA�TRA-DR � O O �N� = x O � � GO V� p COUNTRY CL•UB-DR Q � �� A W HI I i O -�' OVLEY�L•N�VV -�w � � � ,W � Etq > � �; z W Q HOVL-E•Y L-N E Q � J 0 Z Z �� HOVLEY-L•N•E y O a Q � r�� ,,. P`�E��� 3 MAGNES/A FAL-GS DR �L �� j 2 Q O �' car:�F" 3, �� � Z FRED-WARING=DR 3�Q Q !�t° oW3 Z Z V y U ~ N STA•FE•HW�Y 111 EL PASEO W Y W � O W �� V Q�FAl/7WAY DR� �a�-�`J ZONING CATEGORIES GRAPEV/NE•S•T�O o - GENERAL COMMERCIAL (C-1) a - PLANNED COMMERCIAL (P.C.) HA•YSFA"GK=RO - SERVICE INDUSTRIAL (S.I.) _�SA-V/EW,DR � PUBLIC INSTITUTION (P) � � �r� ��� �Q � `' „�� 0 0.5 1 1.5 2 Miles ������ � �� `� @ �� `� � � �/ IRONWOOD COMMUNITY ASSOCIATION , ,� � , — ,� 49220 Quercus Lane ' � Palm Desert, CA 92260 SEP � $ �� September 12, 2007 ,��i�� � ���T CITt'UF Pyi.�l D'c�tH7 Palm Desert Planning Commission City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Helicopter Zoning Rules Dear Planning Commission: I am writing this letter on behalf of the 1066 homes and homeowners in the Ironwood Community. We understand you are considering actions which would prohibit helicopter-friendly facilities in residentially zoned areas. We in Ironwood totally support a ban on helicopter landings in and over residential areas except, of course, for emergency, safety, and police reasons. This past March-June time period seemed to bring many helicopters nearby to our community, mostly toward Bighorn, but I am not sure why. There was at least one landing at the Hagadone compound, and others seemed to be sightseeing or perhaps were realtors with clients. Whatever their purpose, these flights were intrusive and noisy and we had numerous complaints from homeowners. Buzzing helicopters violates the integrity of our residential neighborhoods and we strongly urge you to ban such activities. Thank you for your consideration. � Lawrence T. Sutter President Ironwood Community Association P.O. Box 4772 * PALM DESERT, CA 92261-477� " (760) 346-1161 * FAX (760) 346-9918 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 establishments we have in the city, but she would be glad to look at the numbers and the numbers per capita and compare that with the other valley cities. She noted that there would obviously be more massage and day spas here than in another city that isn't resort oriented, but for interest, they could take a look at Palm Desert compared with Palm Springs, Indian Wells, and other valley cities to see where we measure up and will bring that information back to the Commission. Commissioner Limont thanked her. Commissioner Tschopp said his comment would be on the other side of the fence on that. When he was in banking, he always thought there were too many banks and it would be nice to keep others out. He said that as long as it's a good, legitimate, well-run business, we should welcome it to the city. He thought this location works well across from A.G. Edwards. He was in favor of it and he didn't think they could keep out competition. Commissioner Schmidt was also in favor of the application before them, but she woufd like them to work a little on definition, because day spa to her indicates that the facilities have bathing facilities, showers, dressing rooms and that sort of thing. Massage is just what had been presented. If there isn't a differentiation in our ordinance, perhaps we should have that because they really are finro different animals. Chairperson Campbell concurred with Commissioner Tschopp. They couldn't discriminate against massage parlors, how many hair dressers there are, how many shops, etc. She was happy to see that this was one open room and not individual rooms. She asked for a motion. Action: It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tschopp, seconded by Chairperson Campbell, adopting Planning Commission Resolution No. 2454 approving Case No. CUP 07-09, subject to conditions. Motion carried 5-0. ~'�► E. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 16 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. Ms. Aylaian explained that the proposed revisions to Title 25 are the result of the request of the Commissioners at the July 3, 2007 meeting. It was reported that there were complaints of helicopter activity over residential areas, in particular over the south end of the city. The City Attorney was asked to draft certain prohibitions for the residential zones. The ordinance before them responds to that request. She stated that helicopter landings and helicopter landing pads have never been a specifically permitted use in any residential zone, but the code has been silent to the issue. What they were doing didn't technically change the ordinances in place, it just gave it more clarity. In each residential zone, they determine that where a use is not specifically permitted, it is prohibited. They just didn't mention anything about helicopter landings. This proposes explicit language for each residential zone prohibiting helicopter landing pads in those zones. She asked for any questions. Chairperson Campbell asked who made the complaints. Ms. Aylaian didn't know the specific individuals, but knew there were complaints from Ironwood Country Club and believed the helicopter activity was over Bighorn and Ironwood. She did get complaints directly from the Bighorn Institute, so she was aware of those, but didn't know the specific residents who made the complaints over Ironwood. Chairperson Campbell asked for confirmation that the Bighorn Institute has its own helicopter. Ms. Aylaian believed that the Department of Fish & Game, if she understood the relationships between the agencies correctly, the Department of Fish 8� Game is required to once a year or on a periodic basis take a count and actually identify locations of each bighorn sheep and they do fly over for counting purposes. She believed they also are required to respond if any of the radio-collared animals show no activity for a period of time to see if the animal has been hurt. She thought helicopters might be used by the Department of Fish & Game to check on those animats. So yes, associated with the Institute, there is helicopter use. Commissioner Tschopp noted that this restricts it to residentially zoned properties. Ms. Aylaian concurred. Commissioner Tschopp asked if that meant helicopters could land on commercial buildings or commercially zoned properties. Ms. Aylaian said in the ordinance right now there is no specific prohibition. In fact, they have granted temporary use permits for a fund raiser 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 that invorves landing a helicopter with a celebrity or someone at a golf tournament and didn't believe there was any specific prohibition on helicopter use in commercial areas. Commissioner Tschopp asked if that was something they should think about incorporating or think about while looking at it. Ms. Aylaian said it was up to the Commission. If there is a perception that we're having a problem or if we're receiving complaints, they could come up with some suggested language. They might have to think about it to determine if there would be needs. Obviously they didn't have emergency medical facilities in the city that require helicopter landings, but they should think about other places where they might want commercially viable helipads. Commissioner Tanner asked if there would be any legal liabilities for the City for any existing heliports if they change the ordinance. Mr. Hargreaves stated that our position is that it has never been a permitted use and they are just clarifying the situation. He wasn't aware of any specific circumstances. If any circumstances arise, they would be evaluated at that time. Commissioner Tanner asked if there was an issue with helicopter travel and landing in Bighorn. Commissioner Schmidt said yes. In the community in which she lives, they tracked it on a regular basis and they could almost tell time on the comings, goings and landings, particularly from one location. One of the other ones that Commissioner Tanner might be referring to is up in the Cahuilla Hills in the County. She asked if that meant they couldn't fly over the city. Mr. Hargreaves said the City could not regulate the overflight, that was in the federal jurisdiction. They can regulate uses on the ground. Commissioner Tanner asked about land in the County. Mr. Hargreaves said it was up to Riverside County to regulate. Commissioner Schmidt said that on Exhibit A, page 3 under helistop, the last part of the sentence talks about the meaning of helistop and then there is a comment, "buf not incfuding such an area used strictly for fueling service or any other maintenance of any kind." Mr. Hargreaves didn't know where that language came from. He thought the definition might have been pulled from another ordinance, but suggested that they could strike it at this point and revisit it before it gets to the City Council. If in fact there is some benefit for that language, it could be added back in. Commissioner Schmidt said that would be fine. Ms. Aylaian proposed that it be left in the definition of a helistop, because it was probably some sort of industry standard definition of helistop, but then in each of the zones, they could say that additionally helicopter fields, heliports, helistops, helicopter fueling and maintenance facilities and similar types of facilities are prohibited. That would insert back in that they can't have places to just land and refuel or a place to just work 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4. 2007 on their helicopter. Commissioner Schmidt said her first choice would be to omit it, but understood where she was going and that was fine. Ms. Aylaian said they could take a look at it and if that is what the Commission would like to see, they could revise the language before going to the Council for consideration. Chairperson Campbell didn't see how they could dictate if people have a helicopter. Not everyone on the block is going to have property large enough to have something like that, that they can tell them no, you can't leave home or go to work by helicopter. It would be the same thing as depriving someone of using a motorcycle, or a car or whatever they wanted to use. Noise is noise. Everything makes noise. Airplanes idle. She asked how they could discriminate just because someone has a helicopter that they want to use every once in a while. Commissioner Schmidt thought Mr. Hargreaves said it very clearly, they aren't allowed at this time, so why encourage it. Commissioner Limont thought they were trying to have clarity the ordinance that is already in existence. Ms. Aylaian concurred. Commissioner Limont suggested, and also agreed with Commissioner Tschopp, that maybe they should also be looking at commercial zones as well, but maybe as a separate issue. Commissioner Limont thought this was a good first stab and suggested they send this to Council to start consideration for clarification for an ordinance that is already in existence. Chairperson Campbell said if it was already in existence, why some people already have these helicopter stops. They should have had a permit from the City. Commissioner Limont said that was correct, but one of the things they've learned is that some homeowners do things regardless of whether or not they do have a permit. She thought this helped the City to maintain a certain semblance of civility among the neighborhoods. As a person who received personal calls from neighbors, she was in favor of at least sending this to Council. Commissioner Tschopp noted that helicopters create a different noise then airplanes. Airplane noise is behind the plane and the blades of a helicopter create the whop whop sound coming directly down onto the ground, and to him was a very offensive noise. Right now, he thought there were too many helicopters and for the most part were probably police or something of that nature. He thought going over residential areas it should be regulated and that's why he thought they should also look at commercial zones and make sure they aren't leaving some door open for someone then to instead of landing on their property, move over a couple of spaces. That was his concern. 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 2007 Commissioner Schmidt thought one of the most regular fly over patterns, which this really doesn't address because she didn't think they land, is real estate being shown from the air, particularly in the Bighorn area. It was just constant during the season. There were probably a dozen flights per day. There was a Bighorn reserve up there and they weren't supposed to be spooking the sheep with helicopters. And helicopters hover. They don't just fly over like an airplane, they stay put for long periods of time. Commissioner Tanner said they couldn't control that. Commissioner Schmidt agreed, but to discourage it is what they were calling attention to. That issue was already being addressed by the United States Government. Commissioner Limont asked if Commissioner Tschopp would be in agreement with sending the residential uses to Council and then addressing commercial. Commissioner Tschopp asked which was more efficient. If they could look at it at the next meeting and incorporate it at the next meeting, he would be in favor of holding it up for a month or so. Commissioner Limont questioned if they were separate issues. For commercial purposes, Mr. Bagato suggested that maybe it could be allowed as a special event. There have been requests for special events and staff talks to the special events people, the police department, but he would advise allowing a special permit rather than just prohibiting it. Once in a while there will be special events that would require them and maybe limit the number of them rather than outright prohibiting them. Commissioner Tschopp clarified that he wasn't saying prohibiting them, but it might be a good time to incorporate it at one time and deal with it once. They could incorporate commercial landings as a special event. Chairperson Campbell asked if he would like to continue the matter. Commissioner Tschopp said that would be his preference as opposed to doing it piecemeal, but he was just one voice. Ms. Aylaian said they could come back at the next meeting and address both the language regarding the helistop and also address the use in commercial areas such that a temporary use permit or special permit be required in commercial areas. Chairperson Campbell asked if Commission would like a continuance until the next meeting or a whole month. Commissioner Schmidt wasn't interested in delaying it for any amount of time. It is a serious issue for those that live on the hillside. Commissioner Limont agreed. Commissioner Schmidt thought these were different. Commercial was one aspect and residential another. She urged them to go ahead with the residential portion, which seemed to be in good order and instruct staff and the City Attorney to prepare as soon as possible the commercial version. 20 MINUTES PALM DESERT PLANNING COMMISSION _ _ SEPTEMBER 4, 2007 Chairperson Campbeil o�ened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Chairperson Campbell said she would be in favor of a continuation. Commissioner Tschopp said he would make a motion to continue it to the next meeting if that was sufficient time. Ms. Aylaian said she was just discussing with the City Attorney as to whether or not they needed to renotice the item because they noticed it for helicopter landings in residential zones. She thought they were good with just continuing it to the next meeting to a date certain. If it was approved or recommended by the Commission, then when they went to the City Council they would notice it for atl zones. Commissioner Schmidt asked for clarification that the continuance would be to the next meeting. Ms. Aylaian concurred. Commissioner Tanner asked if verbiage regarding commercial was going to be included. Ms. Aylaian said yes, that was staff's intent. Commissioner Tanner said he would second the motion. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, by Minute Motion, continuing Case No. ZOA 07-02 to September 18, 2007. Motion carried 4-1 (Commissioner Schmidt voted no). IX. MISCELLANEOUS A. Discussion of Proposed Amendment to the Valet Parking Ordinance - CITY OF PALM DESERT, Applicant Recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 10 (Vehicles and Traffic) of the Palm Desert Municipal Code revising Chapter 10.50 Valet Parking to change the procedures for issuance of valet parking permits and to revise the penalties for failure to comply with requirements of the ordinance. Ms. Aylaian explained that this issue peripherally relates to land use and zoning, so it was brought to Planning Commission. She noted that it doesn't require a public hearing because technically it isn't Title 25 Zoning, it is under Title 10. Nonetheless, staff expected that the Council would want to hear the recommendation of the Planning Commission. Ms. Aylaian indicated that the issuance and enforcement of valet parking permits has traditionally been performed by the Public Works Department. The ordinance itself was last 21 ( ( PLANNING COMMISSION RESOLUTION NO. 2456 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A NOTICE OF EXEMPTION AND AN AMENDMENT TO TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE ADDING TO AND AMENDING SECTION 25.64 ALLOWING HELICOPTER FIELDS, HELIPORTS AND HELISTOPS AS A TEMPORARY USE PERMIT ONLY WITHIN NON-RESIDENTIAL ZONES IN THE CITY. CASE NO. ZOA 07-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day and 18th day of September, 2007, hold duly noticed public hearings to consider recommending to City Council approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding to and amending Section 25.64 allowing helicopter fields, heliports and helistops as a Temporary Use Permit only within non-residential zones in the city; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify its action as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. 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 Case No. ZOA 07-02, as delineated in the attached Exhibit A, is hereby recommended for approval to the City Council. ( ( PLANNING COMMISSION RESOLUTION NO. 2456 t PASSED, APPROVED and ADOPTED at a regular meeting of the Palm i Desert Planning Commission, held on this 18�' day of September, 2007, by the � following vote, to wit: AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ,� SONIA M. CAMPBELL, Chairperson ATTEST: �i �_---7 . 1��, �— � � LAURI AYLAIAN, Secretary . Palm Desert Planning Commission 2 l� � • PLANNING COMMISSION RESOLUTION NO. 2456 EXHIBIT "A" Section 1: That Section 25.64.040 (Uses permitted subject to a temporary use permit) be amended to provide as follows: "(F) Heliport and Helistop, as defined below. Heliports, helicopter fields and Helistops shall be permitted only with a temporary use permit and only in commercial, industrial and public/ institutional zones within the city. (1) "Helicopter" means a form of aircraft in the broad category of rotorcraft which depends for its support and motion in the air principally on lift generated by one (1) or more power driven rotors that rotate on a substantially vertical axis, or any steep gradient aircraft. (2) "Heliport" means an area of land or water or a structural surface which is used, or intended for use, for the landing and take-off of helicopters whether on a regular or irregular basis, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities. (3) "Helistop" means an area on a roof of a building or other structure, or on the ground, used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo." Section 2: That the prior Section 25.64.040(F) be renumbered Section 25.64.040(G)." 3 DRAF�r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 Action: It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Tschopp, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2455 approving Case Nos. PP 07-01 and TPM 34567, subject to conditions as amended. Motion carried 5-0. �� B. Case No. ZOA 07-02 - CITY OF PALM DESERT, Applicant Continued public hearing from September 4, 2007, regarding recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Sections 25.04.361 through 25.04.363, 25.15.024, 25.22.033, 25.23.015, and 25.24.026 to prohibit helicopter fields, heliports, helistops and similar facilities at residentially zoned properties. New public hearing requesting recommendation to the City Council for approval of a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Ms. Aylaian indicated that at the last Planning Commission meeting, a new ordinance was introduced that would specifically prohibit helicopter landing pads and helicopter facilities in residential zones. The helipads and heiistops are currently not permitted in residential zones or any where in the city. Because the Zoning Ordinance is silent to such facilities in residential zones, they are prohibited. Nonetheless, there was a desire that the prohibition be made explicit rather than implicit, so an amendment was proposed to specifically prohibit such facilities in residential zones. At the request of the Planning Commission, staff took another look at an approach for this. There was a direction that staff expand this such that landing facilities also be prohibited in commercial zones. Or if it was permitted, that it be permitted through a temporary use permit. So staff went back and revisited the whole issue and the current amendment to the Zoning Ordinance before the Commission took a different approach from the previous one. It addresses 12 DRAF`f MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 temporary uses in all zones. What it says is that heliports, helipads, and helicopter landing facilities are only permitted by issuance of a temporary use permit in commercial zones. Such facilities are not permitted in residential zones. This would allow the landing of helicopters in specific instances in commercial zones if a permit is issued as a staff level decision which does not require a public hearing or coming before the Planning Commission, but for an event such as a helicopter landing for a fund raising event, if staff and the director of the department review the application and determine that it does not compromise the health, safety or public welfare, then a special permit can be issued and a helicopter could land in a commercial zone. Otherwise, the prohibition on landing facilities in residential zones remains implicit and it is now explicitly says in commercial zones that no landing facilities are permitted unless a TUP has been issued. Commissioner Schmidt asked about the duration of temporary use permits. Mr. Bagato said temporary use permits are limited to ten days per property. For example, the mall could have a ten-day temporary use permit and Wal- Mart could have a ten-day temporary use permit. Every specific commercial location would be allowed ten days per year. For special events such as parking lot Christmas tree sales, temporary use permits are 30 days. Mr. Bagato thought helicopter TUP's could be on a case by case basis, or they could perhaps limit the number of landings per year as a whole citywide, but it is typically ten days per year for every commercial property. Commissioner Schmidt said if, as an example, someone had a golf tournament at Bighorn and the press wanted to get in there and there was a dignitary like the President, then that would be issued a one-time event and they would have the remaining days of the allowable ten days to do it again. Ms. Aylaian said it would be reviewed on a case by case basis, so if an application was made for the landing of a dignitary at Bighorn for a golf tournament, they would take a look at that and if staff felt it was appropriate, it would be approved for that one date and then technically, they could come back for another temporary use with an application still within the same calendar year. Commissioner Schmidt asked for confirmation that it is very implicit that temporary means exactly that, it is a one-time deal with some play to it. Ms. Aylaian said yes. Commissioner Schmidt asked about the different residential zones, since they have Sections 25.14, 15, 16, etc., but do not have 25.10, 25.12 or 25.21; 25.10 is agricultural. She asked if that meant they could land helicopters in unimproved agricultural zoning. Mr. Bagato said there was no longer any agricultural zoned land. Commissioner Schmidt asked about 13 �RA�'�' MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18. 2007 Sections 25.12 and 21. Ms. Aylaian said one was is second use housing occurring in residential zones and the other is for residential districts. Again, because the proposed zoning amendment calls that the TUP can only be issued for commercial, industrial or public institutional zones, it would exclude 25.12 and 25.21, both of which are residential. Commissioner Schmidt clarified that it was not necessary to add them. Ms. Aylaian said that was correct. Commissioner Schmidt said she just heard it said that a helicopter could not be landed in those places as well. Ms. Aylaian said that was correct. Commissioner Schmidt reiterated that it was not required to be spelled out. Ms. Aylaian didn't believe it was necessary, but it could be if the Commission requested it. Mr. Erwin stated that basically the Commission had before them two proposals; one was the original proposal which called out specific sections. What they were now suggesting is that they not do that, but go to the other which is a blanket provision which eliminates all residential, so they didn't need to specifically call out each particular zone. Ms. Aylaian referred to the new staff report dated September 18 as opposed to the September 4 staff report which called out specific sections. Commissioner Schmidt noted that the language talks to depositing and picking up passengers and refers to a helicopter that would be carrying more than one person, the pilot plus others. She stated that the folks who land in their area of the hill are single pilots, no one was in the chopper with them sometimes. She asked if they were leaving a loop hole any where. Mr. Erwin said no. Commissioner Schmidt asked for confirmation that whether someone was alone or had four passengers, it didn't matter and was prohibited. Mr. Erwin concurred. Chairperson Campbell asked if the Bighorn Institute had a heliport pad of their own. Ms. Aylaian answered that they don't. Chairperson Campbell asked how the house there was zoned. Ms. Aylaian replied open space. Chairperson Campbell asked for confirmation that there was no heliport there. Ms. Aylaian said that was correct. Chairperson Campbell asked if the Department of Fish and Game would need a temporary use permit to look at the sheep. Ms. Aylaian thought all of the Bighorn Institute property was located outside the city limits in the county, so Palm Desert doesn't have jurisdiction there. There were no other questions for staff. Chairperson Campbell o�ened 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. Chairperson Campbell asked for Commission comments or action. 14 DRAF't MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 2007 Action: It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Limont, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2456, recommending to City Council approval of Case No. ZOA 07-02, to approve a Notice of Exemption and an amendment to Title 25 (Zoning) of the Palm Desert Municipal Code adding and amending Section 25.64 allowing heliports, helicopter fields and helistops as a temporary use permit only within non-residential zones in the city. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES No meeting. B. LANDSCAPE BEAUTIFICATION No meeting. C. PROJECT AREA 4 COMMITTEE Commissioner Limont reported on the last Project Area 4 Committee meeting actions. D. PARKS & RECREATION Commissioner Tanner said he was unable to attend the last meeting. XI. COMMENTS A. With regard to trees, Commissioner Limont asked for confirmation that when trees are approved as part of a landscape plan, if a tree 15