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Home My WebLink AboutRes 2014-95 - Establish DUI and VICR Fee CITY OF PALM DESERT .►-1�--� � � OFFICE OF THE CITY MANAGER -� STAFF REPORT REQUEST: APPROVAL OF RESOLUTION NO. 2014- 95 , A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT, CALIFORNIA, ESTABLISHING THE AMOUNT OF THE DUI DRIVER AND VEHICLE IMPOUND COST RECOVERY FEE PURSUANT TO CHAPTER 10.25 OF THE PALM DESERT MUNICIPAL CODE AND RESCINDING RESOLUTION NO. 09-67. �� SUBMITTED BY: Stephen Y. Aryan, Risk Manage � �i£��A'P�,,,,�,_„ .._,.., DATE: November 13, 2014 ��'�`g`i�}4��:� �02`_1�� ❑ fi�R3>��?'� �"��J f��;:�� - --- ATTACHMENT: 1. Resolution No.2014- 95 J � _ . �,, . Recommendation Waive further reading and adopt Resolution No. 2014- 95 Commission Recommendation The Public Safety Commission is scheduled to review this matter at their November 12, 2014, meeting. Staff will inform the City Council if the Commission does not recommend approval of this resolution. BackQround In 2009, the City of Palm Desert implemented a Vehicle Impound Cost Recovery (VICR) Program that charges a $140 fee to offset the financial losses suffered for removing nuisance vehicles from roadways. Typically, these vehicles are driven by subjects who are unlicensed, whose license has been suspended, or who have been arrested. These vehicles may also have been abandoned or left standing on a roadway, in violation of a local ordinance or state law. The losses municipalities sustain by removing these vehicles include lost officer productivity and increased administrative costs. On September 29, 2014, the CVAG Executive Committee approved a draft model ordinance which establishes a Driving Under the Influence (DUI) Vehicle Impound Cost Recovery (VICR) Fee for consideration and potential adoption by CVAG member jurisdictions. This would differ from the City's current VICR fee program in that it deals primarily with cost recovery associated with officer and staff time responding to driving under the influence traffic collisions. Currently, only the costs incurred by the agencies who respond to a DUI "incident" are recoverable. A conservative definition of an "incident" is response to a situation where a traffic collision occurred as a result of a DUI driver. Staff Report Change of Zone 14-190 Page 3 of 4 November 13, 2014 B. General Plan and Zoning: The property is currently designated Office Professional (C-OP) in the General Plan, and zoned Office Professional (O.P.). C. Adjacent Zoning And Land Use: North: O.P. / Henderson Community Building South: O.P. / Parking Lot East: O.P. / Parking Lot West: O.P. ! La Spiga Ristorante Italiano Proiect Description The request is to change the zoning from Office Professional (O.P.) to Public for a vacant .68-acre property located in Entrada del Paseo. The property is anticipated to be used for a public use. Future development of the parcel will require a separate development application that will be reviewed by the Planning Commission. No construction activity or development plans are proposed at this time. Analvsis/Conclusion The proposed change of zone is consistent with the overall master plan for Entrada del Paseo, which was approved for a quasi-public and commercial project at the entry to EI Paseo from Highway 111. The parcel would be purchased by the City for a future public use. Environmental Review According to the Califomia Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The City of Palm Desert (City), in its capacity as the Lead Agency has determined that the change of zone will not result in a direct or indirect physical change to the environment; therefore, it is not a project under CEQA. Any future construction on the vacant property will require a development application and environmental study for any impacts from that specific project. \1SRV-FIL2K31groupslRanning\Tony BagarolStaff RepoRs1CZ114-19p Entrada del PaseoICCSR.docx Staff Report Change of Zone 14-190 Page 4 of 4 November 13, 2014 Fiscal Analvsis There is no fiscal impact to the City as a result from approving the Change of Zone. Submitted By: �> Tony Bagato, Principa Planner Department Head: Lauri Aylaian, Director of Communit D velo t A va I: Jo M. Wohlmuth, City Manager \1SRV-FIL2K31groupslPlanninglTony Bagaro�StaH ReportslCZ114-190 EntraOa del PaseoICCSR.docx ORDINANCE NO. �2�s A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT PROPERTY LOCATED AT 72-565 HIGHWAY 111, ALSO KNOWN AS APN 640-370-016 CASE NO: CZ 14-190 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the day of November, 2014, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the Planning Commission by its Resolution No. 2634 has recommended approval of Case No. CZ 14-190; and WHEREAS, according to the Califomia Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The City of Palm Desert (City), in its capacity as the Lead Agency has determined that the change of zone will not result in a direct or indirect physical change to the environment; therefore it is not a project under CEQA. Any future construction on the vacant property will require a development application and environmental study for any impacts from a specific project. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, in the Director of Community Development has determined that the proposed project is a C{ass 1: Existing Facilities (15301) Categorical Exemption for purposes of CEQA and no further review is necessary; 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, which are outlined in the staff report reasons to approve the said request: 1. The land use resulting from the change of zone will be consistent with the Entrada Del Paseo Master Plan. 2. The change of zone will provide accurate zoning for the development of the .68-acre site for future public use. 3. That the proposed change of zone will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. ORDINANCE NO. 12�8 WHEREAS, the City Council of the City of Palm Desert, Califomia, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That a portion of Ordinance No. 107 referencing Section 25.46.1 of the Zoning Ordinance, the Zoning Map (Chapter 35.46 of the Palm Desert Municipal Code) is hereby amended to read as shown on the attached Exhibit "A". SECTION 2: That the City Clerk of the City of Palm Desert, Califomia, 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, Califomia, and shall be in full force and effect thirty(30) days after its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of November, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 11SRV-FIL2K31groups\Planning\Tony BagatolStaff ReportslCZ�14-190 Entrada del PaseoICCORD.docx 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 19, 2014 Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2633, adopting a Notice of Exemption of Environmental Impact, and approving Tentative Parcel Map 36776, subject to conditions. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). C. REQUEST FOR CONSIDERATION of a change of zone from Office Professional (O.P.) to Public (P) for a vacant .68-acre properry located at 72- '�'� 565 Highway 111, also known as APN 640-370-016. Case No. CZ 14-190 (Ciry of Palm Desert, Applicant). Mr. Bagato reported that the request is for a change of zone from Office Professional to Public for a single parcel located at Entrada del Paseo. He stated that most of the property has been developed, and is currently occupied by Cuistot, La Spiga, Palm Springs Art Museum, and the Chamber of Commerce. There is one pad currently vacant that is located between La Spiga and the Chamber of Commerce (Henderson Building). Mr. Bagato said that the City is looking at purchasing the properry for public use, possibly for an outdoor multi- use pavilion. The proposed change of zone is consistent with the overall master plan. He offered to answer any questions. Commissioner DeLuna asked if there has been any interest in the property. Mr. Bagato responded that there has not been an interest on this parcel. Commissioner DeLuna asked if it is being suggested that the land be used for an outdoor pavilion. Mr. Bagato replied that an outdoor pavilion has been discussed by City staff. Vice Chair Stendell inquired if all the other parcels have been built out and occupied. Mr. Bagato replied yes. Commissioner Greenwood asked what has been discussed as far as connectiviry towards EI Paseo. He said that he would love to see the circulation and connection to additional districts. Mr. Bagato responded that the circulation could be discussed during the upcoming General Plan process. He said that there is going to be a focused effort on Highway 111, EI Paseo, and a possible resort overlay around EI Paseo. He mentioned that the City has a signage package going to the City Council. The signage package consists of monument signs in the medians at both entrances of EI Paseo. 6 G�Planning�Nbnica OFeilly�Planning Commissiom2014�.Minutes�8-111 a min dcex MINUTES PALM DESERT PLANNING COMMISStON QUGUST 19, 20i4 Commissioner Greenwood commented that he would also like to improve the connection visibiliry from Highway 111 to the Entrada del EI Paseo site. He noted that there is a lot of landscaping and it is hard to see into the site. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Campbell feels that land is good for public use. Commissioner Campbell moved, by Minute Motion, to recommend to the CitK '�" Council a change of zone from Office Professional to Public for a vacant .68-acre property located at 72-565 Highway 111. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner Campbell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2634, recommending to the City Council approval of Change of Zone 14-190. Motion was seconded by Commissioner DeLuna and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). D. REQUEST FOR CONSIDERATION of a Conditional Use Permit to install telecommunication antennas and equipment, and adoption of a Notice of Exemption in accordance with the California Environmental Quality Act for building modifications to remove an existing 40-foot tall spire and construct a 40-foot tall cupola in its place to screen the antennas at the Palm Desert Oasis Seventh-Day Adventist Church, located at 74-200 Country Club Drive. Case No. CUP 14-121 (AT&T Mobility, 1265 N. Van Buren Street, Anaheim, California 92807, Applicant) Mr. Ceja reported that the conditional use permit request is to install telecommunication equipment at the Palm Desert Seventh-Day Adventist Church located on Country Club Drive east of Portola Avenue. The applicant is proposing to install up to 12 antennas to provide AT&T service in the surrounding area. Mr. Ceja presented photos of the proposed cupola structure to screen the antennas, and gave a brief description of the project. He mentioned that the Architectural Review Commission (ARC) approved the design of the cupola structure for the church; however, minor changes were recommended. The recommended changes were widening of the cupola columns and the windows to better match the church. He said that staff is recommending a condition that the final construction drawings go back to the ARC for final approval. Staff is also recommending that the conduit running from the equipment enclosure to the cupola be mounted under the roof so they are not exposed, and that the walking pads be a compatible color to the roof tiles. Mr. Ceja stated that staff is recommending approval of this project, and he offered to answer any questions. 7 G:\Planning`Monica OReilly�Planning CommissioM2014\Minutes`�&19-14 min docx r� (� CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT .68-ACRE PROPERTY LOCATED AT 72-565 HIGHWAY 111, ALSO KNOWN AS APN 640-370-016 SUBMITTED BY: Tony Bagato, Principal Planner APPLICANT: City of Palm Desert CASE NO: CZ 14-190 DATE: August 19, 2014 CONTENTS: 1. Planning Commission Resolution No. 2634 2. Exhibit A, CZ (O.P. to P) 3. Legal Notice Recommendation Waive further reading and adopt Resolution No. 2634 recommending to the City Council approval of CZ 14-190. Back4round A. Property Description: In September 2001, the Planning Commission approved a master plan for a 12-acre property owned by the former Palm Desert Redevelopment Agency. The master plan, known as Entrada del Paseo, included several pads for development and the Eric Johnson Memorial Gardens. Most of the property has been developed, and is currently occupied by Cuistot French Restaurant, La Spiga Italian Restaurant, the Palm Springs Art Museum in Palm Desert, and the Chamber of Commerce in the Henderson Building. One pad is currently vacant and the former Redevelopment Agency must sell the property as part of the dissolution of California redevelopment agencies. Staff Report � �� CZ 14-190 Page 3 of 3 August 19, 2014 Proiect Description The request is to change the zoning from Office Professional (O.P.) to Public for a vacant property located in Entrada del Paseo. The property is anticipated to be used for a public use. Future development of the parcel will require a separate development application that will be reviewed by the Planning Commission. No construction activity or development plans are proposed at this time. Analvsis/Conclusion The proposed change of zone is consistent with the overall master plan for Entrada del Paseo, which was approved for a quasi-public and commercial project at the entry to EI Paseo from Highway 111. The parcel would be purchased by the City for a future public use. Environmental Review According to the California Environmental Quality Act (CEQA), staff must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The City of Palm Desert (City), in its capacity as the Lead Agency has determined that the change of zone will not result in a direct or indirect physical change to the environment; therefore it is not a project under CEQA. Any future construction on the vacant property will require a development application and environmental study for any impacts from that specific project. Submitted by: Tony Bagato, Principal Planner Department Head: -;�-�/ �-�- �j�j� �� - Lauri Aylaian, Director of Community evelopment Dsrv-fi12k3�groups�Planning\Tony Bagato\StaH Reports\CZ�14-190�PCSR.doc � � � '.�I .� �• ;.j � ;� �. 5 . 11 //�•�� ; ` + i i{ i' � i� �, i,� i� ! � �_ �i � � �� , ��E�"�"� � 5 [o Fkt:u W,�Hi�c: ntei��e 73 P,�i.�� Ur�eKr. Cnt.ifc�ktit� 9z26o—z578 ; rec: 7Go 34G—oG� � � info��cityufpalmdrsert.or� PLANNING COMMISSION MEETING NOTICE OF ACTION August 20, 2014 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Subject: Consideration of a Change of Zone from Office Professional to Public for a Vacant .68-Acre Property Located at 72-565 Highway 111 The Planning Commission of the City of Palm Desert considered your request and took the following action at its reguiar meeting of August 19, 2014: The P/anning Commission granted approval to recommend to the City Council approval of Case No. CZ 14-190 by adoption of P/anning Commission Reso/ution No. 2634. Motion carried by a 5-0 vote. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. /- , ,�� , Lauri Aylaian, Secretary Palm Desert Planning Commission cc: File✓ Building & Safety Department Public Works Department Fire Marshal ��- . .. , .... r -r PLANNING COMMISSION RESOLUTION NO. 2634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF � PALM DESERT, CALIFORNIA, RECOMMENDfNG APPROVAL OF A CHANGE OF ZONE FROM OFFICE PROFESSIONAL (O.P.) TO PUBLIC (P) FOR A VACANT PROPERTY LOCATED AT 72-565 HIGHWAY 111, ALSO KN�WN AS APN 640-370-016 CASE NO: CZ 14190 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19�' day of August, 2014, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, according to the Califomia Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The City of Palm Desert (City), in its capacity as the Lead Agency has determined that the change of zone will not result in a direct or indirect physical change to the environment; therefore it is not a project under CEQA. Any future construction on the vacant property will require a development application and environmental study for any impacts from a specific project. The app{ication has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act," Resolution No. 2014-41, in the Director of Community Development has determined that the proposed project is a Class 1: Existing Facilities (15301) Categorical Exemption for purposes of CEQA and no further review is necessary; 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, which are outtined in the staff report reasons to approve the said request: 1. The land use resulting from the change of zone will be consistent with the Entrada Del Paseo Master Plan. 2. The change of zone will provide accurate zoning for the development of the .68-acre site for future public use. 3. That the proposed change of zone will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. � PLANNING COMMISSION RESOLUTION NO. 2634 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 for approval of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of CZ 14190 for the property shown in Exhibit A, attached. PASSED� APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califomia, at its regular meeting held on the 19�" day of Au�ust 2014, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE v� / � �ROG DASH, CHAIRPERSON ATTEST: �� -- G3�"! `�� LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION G W�anrvngVAbn�ca OReil�yWlanning ComrmsaiaM2014�ResolutionslRes.No.2634 CZ 14190 La Sp9a-FknOerson B�dg docx 2 � J PLANNING COMMISSION RESOLUTION NO. 2634 � � �, , . � � � !I �P\,� � �� - \ . I �� ,� s,o� � I � ` � I ; � V � � � t ------ - � I i i � ` � � i + I 1 ; � - HAHN ItOAo- i �,' i / m A,��'t(��, / I ' e 0 A,rh �� I � m� B � '�, � 0 m B �� i � p �= Bp m Qj [� �r �/ $ m� e .� I � m � � A�0 j � � �m - m �� i � 0 � � � - ---- -----� - ----- - -----_.__� �--- �__.-- --------------- ---- Exhibit A i � O Planning Commission Resolution No. 2634 ; - � � Change of Zone 14-190 , I � i � 1 3.774 i i G wanrnngV�bnica ORedlyWlenrong Comm�ssioM2014ViesoluUonsV2ee.No.2634 CZ 14-19p La Spge-Henderson&dg tlotx 3 The DesertSun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778�731 State Of California ss: County of Riverside Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR n PALM DESERT CA 922602 � '�� a..� r � =rn—m 2000452203 "'� �� Gi �,x�n � �N� � �� A� I am over the age of 18 years old, a citizen of the United N �A States and not a party to, or have interest in this matter. I � hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The DeseR Sun 8/9/201C No1298 CITYL�EQAL�NMOTICE� CASE N0.GZ 11-190 NOTICgE 19 HEREBY ONEN that a publb n ng�om�mia�el hon to�sl�er�app�iC�tlon fa H�gehway�lla soknown ae APN�840-370-02-8 5 SAIO pubYc hearing wHl bs held on Tueaday,Au- I acknowledge that I am a principal clertc of the printer of ; guat�9,2014 at B:DU p.m,in the Cou�dl Chamber; The Desert Sun, printed and published weekly in the Ciry a�the Paim Desert Civic Cente►, 73 S�o Fred+ Warlrq DrNe, Palm Deeert, CalMomen invkehd to of Palm Springs, County of Riverside, State of California. �ime and pie�»a�i intereeted pereone The Desert Sun was ad'udicated a news a er of eneral atle^d and b°heab'W�e�+��concem- 1 P P 9 ��I be a�ccep�ted�updto t e date d tf s hs�aAnytl� circulation on March 24. 1988 by the Superior Court of the �o�eti� �mi� � p,� chenge o� County of Riverside, State of California Case No. zons fs evaitabls ta�eWew��the�"D�'tme"t ot 191236. Comrtwmitv Devebprt+errt et the above addresa between the hours of 8:00 a.m. and 5:00 p.m. Mandey throuah Frlday.M you che�the pro- Ppsed action��n Court,You mey be I etl to raia- ing ony thoee isoues you or someone els�raisec I declare under penalty of perjury that the foregoing fs true ��the publlc heariny descnbed��th�e notice,or ir written corteepondence delWered to the Plannl�4 and correct. Executed this 9th day of August, 2014 in Commission at,or prwr to,me publtc neaAng. �. Palm Springs,C ' r ia. p8jm pe�rt bla�nnen�pZ�omrnfeebn Publl�ll�d:9/9fl4 Declara Ys natur