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Home My WebLink AboutZOA 00-07 COMMUNICATION TOWERS 2001 = AUT Wireless PO. Box 6028 Cerritos,CA 90702-6028 RECE July 12, 2001 IV E rl Mr. Ramon Diaz .111E 2 } GJoj City Manager/Administrator PALM, of :=;T CiTY H,cL' City of Palm Desert CI?f pip,p;a,r`_H 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Request for Notice: Development of Local Wireless Ordinances and Guidelines Dear Mr. Ramon Diaz: On behalf of AT&T Wireless Services (AWS), I-am writing to request notice of any ordinan uidelines, or moratoria your jurisdiction ma be developing that affect the siting of wireless telephone installations. approaches this subject from t e s an point o basic egal requirements applicable to wireless antenna sites. AWS is licensed and regulated by the Federal Communications Commission and issued a Certificate of Public Convenience and Necessity by the California Public Utilities Commission. AT&T Wireless is being represented on local ordinances by the law firm of Mackenzie& Albritton LLP. At such time that your jurisdiction initiates a process to revise its regulations governing the siting of wireless telephone installations, AT&T Wireless requests that you send notice to the following: Mackenzie &Albritton LLP Leslie Daigle Attention: Sarah Burbidge, Esq. 308 Harbor Woods Place One Post Street. Suite 500 Newport Beach, CA 92660 San Francisco, CA 91404 Telephone: (949)721 -8319 Telephone: (415) 288 -4000 Thank you for your cooperation. Sincerely, Leslie Daigle for AT&&T Wireless GIVEN -�T��c ��M� DATE J IB,J iNIT`L A2( 77??� 't7� Recvded Paper i ORDINANCE NO. 967 j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.104.060 OF THE MUNICIPAL CODE, AS IT RELATES TO STEALTH INSTALLATION OF COMMUNICATION TOWERS AND ANTENNAS; CASE NO. ZOA 00-7 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14" day of September, 2000, hold a duly noticed public hearing to consider amending the Palm Desert Municipal Code, Chapter 25.104.060, as it relates to stealth installation of communication towers and antennas; 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. 00-24,"in that the Director of Community Development has determined that the Zoning Ordinance Amendment is considered 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 action 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 and affected specific. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: Section 1. 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That ZOA 00-7 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. 96i Section 2. City Clerk shall certify the passage and adoption of this Ordinance and shall cause same to be published once in the Desert Sun, a newspaper of general circulation within the City of Palm Desert, California. It 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 28th day of September, 2000, by the following vote, to wit: AYES: BENSON, FERGUSON, KELLY, CRITES NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE BU OR A. CRITES, MAYOR ATTEST: S�R. GILLIGA , CITY CLE� CITY OF PALM DESERT, CALIFORNIA 2 i ORDINANCE NO. 96' ( i EXHIBIT "A" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.104. by adding ".060" Aa Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing es designed as artificial palm trees), natural environment i.e. monopoles gn p ) ( creating a cluster effect through the use a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or artificial vegetation height shall not exceed more than ten (10)feet from the top of the antenna. C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1. The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 3 Revised EXHIBIT "B" Stealth Installation of Commercial Communication Tow ers and Antennas. Amend Section to 25.104. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural monopoles designed as artificial pal m environment (i.e. mono g trees) creating a cluster effect through the use a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or artificial vegetation height shall not exceed more than 10 feet from the top of the antenna. C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). F Ordinance No. 966 CITY OF PALM DESERT Ordinance No. 967 DEPARTMENT OF COMMUNITY DEVELOPMENT Ordinance No. 968 STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of 3 amendments to the Zoning Ordinance as they each pertain to the following Chapters: 1 . ZOA 00-5, Ch. 25.16.030 (J), as it relates to rental and leasing of single-family dwellings for less than 30 days. 2. ZOA 00-7, Ch, 25.104.060 as it relates to stealth installation of telecommunication towers and antennas. 3. ZOA 00-8, Chapter 25.16.090 (A) and add (C) as it relates to setbacks for garages and carports in the R-1 District. III. APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert CA 92260 . IV. CASE:NO(s): ZOA 00-5„ZOA 00-_7,'and ZOA 00-8 V. DATE: September 14, 2000 VI. CONTENTS: A. Staff Recommendation. B. Background C. Discussion D. Draft Ordinance No.(s)966. 967, 964 Exhibits A, B, & C E. Planning Commission Resolution No. 2011 F. Planning Commission Staff Report / Minutes dated August 15, 2000 -------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No.(s)966, 967, 968to second reading, approving Zoning Ordinances Amendments 00-5, 00-7, 00-8. B. BACKGROUND: At its meeting of August 15, 2000, the Planning Commission voted 2-1 , recommending approval to the City Council for the three proposed Zoning Ordinance amendments. Commissioner Finerty voted no and Commissioners Jonathan and Lopez were absent. Commissioner Finerty indicated that her only concern was with Ordinance No. 966, 967, 968 STAFF REPORT ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 a portion of ZOA 00-7, "Stealth installations of communication towers and antennas". Specifically, Commissioner Finerty indicated that she would like to see communication towers and antennas prohibited in the Open Space Districts. Chairman Beaty stated that he felt the revision to the ordinance was drafted to allow with approval of a conditional use permit, towers and or antennas that would blend in with the existing natural environment (i.e. towers designed as artificial palm trees), including natural environments found in Open Spaces Districts. Zoning Ordinance Amendment (ZOA) 00-5, "Short term rentals in R-1 zones" and ZOA 00-8 "Garage and carport setbacks in the R-1 zone" were approved as recommended by the Zoning Ordinance Review Committee (ZORC). ZOA 00-7, as it relates to "Stealth installation of communication towers and antennas" was approved with two modifications. The modifications are identified in bold and italic text in Section C.2. Minutes from the August 15, 2000 Planning Commission meeting are also attached. C. PROPOSED AMENDMENTS: 1. ZOA 00-5: Short Term Rental in the R-1 Zone. DISCUSSION: It has recently become popular to rent/lease for short periods of time single- family residences in the city. This has been done in the private country clubs for many years. In the private communities this is handled through a central office and is provided for in the CC&R's. In residences outside of private communities there is no central office and the neighbors only learn of the rentals through experience with different persons in the home each week or month. The current code is silent on the issue of short-term rentals of dwellings in the R-1 district. ANALYSIS: ZORC heard from several residents at its June meeting and concluded that short- term rentals (30 days or less) do not need to be prohibited outright but could be controlled through the conditional use permit process. The city attorney concurred with this approach. The amendment will allow for short-term rentals (less than 30 days) upon approval of a CUP by Planning Commission following a noticed public hearing. Staff has spoken to one person doing this activity and he has no 2 ! STAFF REPORT Ordinance No. 966. 967, 968 ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 problem with going through the CUP process. Rentals of 31 days or more will continue to be unrestricted. Short Term Rentals in the R-1 Zone: Amend Section 25.16.030 by adding "J." 2. Rental or leasing of a single-family dwelling for periods of less than 30 days. 2. ZOA 00-7: Stealth Installation of Commercial Communication Towers and Antennas DISCUSSION: One of the goals of the City's Telecommunication Tower and Antenna Ordinance is to minimize visual impacts of commercial communication towers and antennas through use of innovative camouflaging techniques. For example, the use of communication towers designed as artificial palm trees has successfully been utilized throughout the City. With the use of other live palm trees, the stealth designed communication towers have blended in with their natural environments by creating a palm grove effect. If the communication tower or antenna is determined to blend in with their natural environment, the Planning Commission may waive the separation requirements from both single-family zones (300') and other towers (500' if under 50' high / 1000' if over 50' high). The maximum height for stealth installation of communication towers or antennas shall be limited to 65' from ground level to the top of the antennas. Materials such as palm fronds or other like materials may project 10 feet above the 65' foot height limit. ANALYSIS: The addition of Section 25.104.060 (Stealth Installations) will allow both the City's Architectural Review Commission and Planning Commission to determine which stealth installations are designed to blend in with their existing natural environment and warrant exceptions to the separation requirements from residential zoned properties and other similar stealth installations. This will allow for grouping of artificial palm trees and live palm trees creating cluster effects. 3 Ordinance No. 966, 967, 968 STAFF REPORT ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 By limiting the height of stealth designed installations to 65', the City is accepting more stealth designed installations versus fewer communication towers at a maximum height of 85'. Although this amendment may result in greater numbers of stealth installations, they will be designed and camouflaged to blend in with their natural environment. The City's Zoning Ordinance Review Committee reviewed the addition of the new section on June 14, 2000 and voted unanimously to recommend approval to the Planning Commission and City Council. At the August 15, 2000 Planning Commission recommended approval of the amendment to the communication and antenna ordinance with two modifications to the Zoning Ordinance Review Commission's recommendation. Those two modifications are identified in bold and italics below. The modifications require creation of vegetation clusters through the . use of artificial and natural vegetation. The second change limits the height of the artificial vegetation to 10 above the prescribed 65' antenna height. Amend Section to 25.104. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees), creating a duster effect through the use a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or artificial vegetation height shall not exceed more than 10 feet from the top of the antenna. C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined 4 r STAFF REPORT Ordinance No. 966, 967, 968 ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 3. ZOA 00-8: Garages & Carport Setbacks in R-1 Zone. DISCUSSION: Covered or shaded parking has been a long-term goal of the city. For new residences the code requires that two covered parking spaces be provided for all new single-family dwellings. This has been required since 1975. In areas of the town with dwellings built before 1975 and in areas built under County standards (i.e., recently annexed) it is not unusual for them to have only one covered parking space or none. In some cases garages have been converted to living space. Considering the extent of the problem (i.e., currently have 3 variance applications pending to allow carports in the setback) staff took the matter to ZORC at its July 12, 2000 meeting. ZORC concurred that we should be encouraging rehabilitation of older dwellings and to make them consistent with current code requirements. ZORC was careful to only recommend the reduced setback for open carport structures. ZORC recommended that open carports on older dwellings be permitted with a setback of 20 feet from curb and that side-in carports be permitted to within 16 feet of the curb. Many private communities have the property line immediately in back of the curb with the garages 20 feet from the property line. ANALYSIS: Staff and ZORC recommend that this amendment be recommended for approval to the city council. We have certain R-1 front yard setbacks of 15 feet. Elsewhere in the code garages are prescribed at 20 feet from property line with side-in garages 16 5 I \ I Ordinance No. 966, 967, 968 STAFF REPORT ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 feet from property line. We are taking this opportunity to clarify this provision in the actual R-1 zone text. Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and supported its implementation as follows: Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. Amend Section 25.16.090 by adding Section "C." In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the Architectural Review Commission may approve well designed carport structures with a minimum setback of (20) feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of (16) feet measured from the curb face to the nearest projection of the carport. In approving such setback, the Architectural Review Commission shall send a notice to property owners within 300 feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations. CEQA REVIEW: The proposed amendments are considered Class 5 categorical exemptions for purposes of CEQA and no further documentation is necessary. 6 i STAFF REPORT Ordinance No. 966, 967, 968 ZOA 00-5, 007, 008 SEPTEMBER 14, 2000 Prepared by S eve Smith / Martin 4AIarez Reviewed and Approved by - Philip rell Reviewed and Approved by Carlos Ortega, City Manager MEETING DATE - 14-(X) ❑ CONTINUED TO [-PASSED TO 2NO READING 7 i CITY 0f P - OmRi 73-510 FRED WARINO DRIVE PALM DESERT,CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX:760 341-7098 inla@pJm-desert.orl CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-5. 00-7. 00-08 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider amending three sections of the City's Zoning Ordinance as it relates to the following: • (ZOA 00-05) Section 25.16.030: Rental and leasing of single-family dwellings for less than 30 days. @ (ZOA 00-7) Section 25.104: Commercial communication towers and antennas (stealth installations). @ (ZOA 00-08) Section 25.16.090: The required minimum setbacks foi garages and carports in the RA zone, SAID public hearing will be held on Tuesday, September 14, 2000, 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 planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun Rachelle Klassen, Acting City Clerk August 31, 2000 Palm Desert City Council I 4 CIIY Of I/ Il � lil i ^rJ 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9 2 260-2 5 7 8 TEL: 760 346-o61 i FAX: 760 341-7098 info@palm-desert.org - PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 17, 2000 City of Palm Desert Re: ZOA 00-05, ZOA 00-07; ZOA 00-08 The Planning Commission of the City of Palm Desert has'consid. Y ered . _buc�re L 1stanil:za i Y 4 J✓ ken;-- the following action at its meeting of August:15; 20QUt PLANNING COMMISSION RECOMMENDED",1'O;C1T,111C0.19JI`C1l ABA R€ VAUGFE9 .A.f, ZOA 00-05, ZOA 00-07 AND ZOA 00-08:$Y ADOPTION OE-RESOLUTION NO. 2011. MOTION CARRIED 2-1. (COMMISSIONEi1,FINER I :XXONEIM NOS COMMISSIONERS JONATHAN, AND LOPEZ:WERE:ABSEN:T);-);%Ils 1 HA".) Any appeal of the above action may be made in writing to the City.Clerk, _City.of Palm . Desert, within fifteen 05) days of the date,of the.demsion I;;y s Jf PHI LIP DRELL, ECRETARY PALM DESERT PLANNING COMMISSION Am cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THREE ZONING ORDINANCE AMENDMENTS EACH AS FOLLOWS: 1 . CHAPTER 25.16.030 (J), AS IT RELATES TO RENTAL AND LEASING OF SINGLE-FAMILY DWELLINGS FOR LESS THAN 30 DAYS; 2. CH. 25.104.090 AS IT RELATES TO STEALTH INSTALLATION OF TELECOMMUNICATION TOWERS; AND 3. CHAPTER 25.16.090 (A) AND (C) AS IT RELATES TO SETBACKS FOR GARAGES AND CARPORTS IN THE R-1< DISTRICT. CASE NO(s). ZOA 00-.05, ZOA 00-07 & ZOA•'004O8: WHEREAS; the Planning Commission. of the City Yif:Palm Desert, California; did or1.: the:1.5P" day.-of-August 15,'2000, hold a�AUIaT'hoticed public hearing td consider;three amendments to the Palm Desert Municipal,Coda i,Chapters 25.1.6:andc,25.10.4, concerning short term rentals in the R-1 zone, stealthrtinstallation of comrnuNdation: tower%,,and• garage and Carjiort setbacks in the WHEREAS;•:said application<has co'nplied witfi"therequifovi. is oh.thes'iCityrokPalm ; { t sert Proterfl;fe! for='fmpfsrrientation Wie iEyalrfof•t;fa Enviiannlental-GUalrtVT, ; R9sdhmbT►'ltfo 00-24;" 'in that the I ecto txf,:GomMunJj'. °Dey6lopnrerpt.has detaitnin d:. t(tat the' ZarSii>r `.Ordingnce Amendments irre consiifeied;btassrt 'Gategorieal:Exemptions,. - , ar'd WHEREAS, at said public hearing, upon heafing..and •considering all testimony .and,:.:,-:_. argUments, if any, of all interested persons desiringsto be hipard,said sPlanning.Comrnissiom.;; did find the following .facts and..reasons..-10 exist ,ta justify_;their recommendation, as. .,: described below: 1. That the Zoning Ordinance Amendment it,consistent with the objectives of the Zoning Ordinance; 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan and affected specific. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that 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 Commission in this case. PLANNING COMMISSION RESOLUTION NO. 2011 2. That the Planning Commission does hereby recommend to the City Council approval of the Zoning Ordinance text amendments as provided in attached Exhibits "A", "B" and "C" to amend Municipal Code, Chapter 25.16.030 "J.", 25.104. "0.60.", 25.16.090 "A." & "C.". PASSED, APPROVED and ADOPTED at a regular meeting of the. Palm Desert Planning Commission, held on this 15th day of August, 2000, by the following vote, to wit: AYES:' CAMPBELL, BEATY NOESw FINERTY ABSENT: JONATHAN, LOPEZ 7 ABSTAIN: NONE . ... PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, ecretary Pale► QeSBrt'i PI ning-Commission x} t a' • „ {,a-- - s, , PLANNING COMMISSION RESOLUTION NO. 2011 EXHIBIT "A" I Short Term Rentals in the R-1 Zone: Amend Section 25.16.030 by adding "J." A. Rental or leasing of a single-family dwelling for periods of less than 30 days. 45 Wit: .`. �- -.,_. .� is.'.�. �:: 1.:'r.`i-�da'C'�;'}"": ter• .. .. �ii3 - PLANNING COMMISSION RESOLUTION NO. 2011 I EXHIBIT '"B" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.104. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (Le: monopoles designed as .. artificial palm trees) creating a cluster effect through the use of a mix . of artificial and natural vegetation. In addition to the aforementioned-.: sections, stealth installations shall be; subject to the following a development standards: No stealth commercial communication tower or.antenna shall-exceed irk R. in h'etght s FnLsuTei♦ from` Mound rhevel to;'. top of'the" x e antenna: Frond or arttificiat ve tatPd h)aight shall nor exceed mn�t; ' {" �f than 10' eet foam the top of tfie"�n>ern�iil.' ;v;; C. Separation From Off-Site Uses and :Other-Commercial Communication Towers. 1 . The Planning Commission may waive the separation, requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). i PLANNING COMMISSION RESOLUTION NO. 2011 EXHIBIT "C" Garages and Carports in the R-1 Zone. i Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the- required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. :.Amend Section 25,16'-:090.by adding Section"C. In order to:err9urage rehabilitation of, 'older.dwelling:,units and to provide shaded parkinT the; Architectural vehicles, th Architectural Rovjew_ commission may approve we(l.d6signed ,carport structures with a mWimermsetback of (20) feet to be measured from the curb facer to the front,-,edge Hof: the carport stnature7 �srde rn carport,:stroctures mar 6ei:appived to ra minimum c°. .�:" ,eettfacsk of (161r feet measured fiir'm the oulf3aWdAo'Ah?e:nebrest projection *Job he carl"Axa s In approving such setback, the Architectural.Review::Corrimissian:'shall:send a notice to property owners within 300 feet of the property, and. make a determinati.om-that•the reduced.setback will-not have.ardetrirnental impact- :- ` "on Me neighborhood; taking'inta -accourrt�ttte�opiriiormi-of,+nearby property owners and,:anyproperty owners associationsr�, :..r. ' J CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 15, 2000 CASE NO:, ZOA 00-5, 00-07, & 00-8 REQUEST: Approval of 3 amendments to the Zoning Ordinance as they pertain to the following Chapters: • ZOA 00-5, Ch. 25.16.030 (J), as it relates to rental and leasing of single-family dwellings for less than 30 days • ZOA 00-7, Ch. 25.104.060 as it relates to stealth installation of telecommunication towers and antennas • ZOA 00-8, Chapter 25.16.090 (A) and add (C) as it relates to setbacks for garages and carports in the R-1 District. APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 I. ZOA 00-5: Short Term Rental in the R-1 Zone. A. DISCUSSION: It has recently become popular to rent/lease for short periods of time single-family residences in the city. This has-been done in the private country clubs for many years. In the private communities this is handled through a central office and is provided for in the CC&R's. In residences outside of private communities there is no central office and the neighbors only learn of the rentals through experience with different persons in the home each week or month. The current code is silent on the issue of short-term rentals of dwellings in the R-1 district. B. ANALYSIS: ZORC heard from several residents at its June meeting and concluded that short- term rentals (30 days or less) do not need to be prohibited outright but could be controlled through the conditional use permit process. The city attorney concurred with this approach. zt STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 The amendment will allow for short-term rentals (less than 30 days) upon approval of a CUP by Planning Commission following a noticed public hearing. Staff has spoken to one person doing this activity and he has no problem with going through the CUP process. Rentals of 31 days or more will continue to be unrestricted. Short Term Rentals in the R-1 Zone: Amend Section 25.16.030 by adding "J." J. Rental or leasing of a single-family dwelling for periods of less than 30 days. II. ZOA 00-7: Stealth Installation of Commercial Communication Towers and Antennas A. DISCUSSION: One of the goals of the City's Telecommunication Tower and Antenna Ordinance is to minimize visual impacts of commercial communication towers and antennas through use of innovative camouflaging techniques. For example, the use of communication towers designed as artificial palm trees has successfully been utilized throughout the City. With the use,of . other live palm trees, the stealth designed communication towers have blended in with their natural environments by creating a palm grove effect. If the communication tower or antenna is determined to blend in with their natural environment, the Planning Commission may waive the separation requirements from both single-family zones (300') and other towers (500' if under 50' high / 1000' if over 50' high). The maximum height for stealth installation of communication towers or antennas shall be limited to 65' from ground level to the top of the antennas. Materials such as palm fronds or other like materials may project above the 65' foot height limit. 2 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 B. ANALYSIS: The addition of Section 25.104.060 (Stealth Installations) will allow both the City's Architectural Review Commission and Planning Commission to determine which stealth installations are designed to blend in with their existing natural environment and warrant exceptions to the separation requirements from residential zoned properties and other similar stealth installations. This will allow for grouping of artificial palm trees and live palm trees creating cluster effects. By limiting the height of stealth designed installations to 65', the City is accepting more stealth designed installations versus fewer communication towers at a maximum height of-.85'. Although this amendment may result in greater numbers of stealth installations, they will be designed and camouflaged to blend in with their natural environment. The City's Zoning Ordinance Review Committee reviewed the addition of the new section on June 14, 2000 and voted unanimously to recommend approval to the Planning Commission and City Council as follows. Amend Section to 25.104. by adding ".060" 25.104.060 Stealth Installation of Commercial Communication Towers and Antennas. A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees). In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. 3 1 I . STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). III. ZOA 00-8: Garages & Carport Setbacks in A-1 Zone. A. DISCUSSION: Covered or shaded parking has been a long-term goal of the city. For new residences the code requires that two covered parking spaces be provided for all new single-family dwellings. This has been required since 1975. In areas of the town with dwellings built before 1975 and in areas built under County standards (i.e., recently annexed) it is not unusual for them to have only one covered parking space or none. In some cases garages have been converted to living space. Considering the extent of the problem (i.e., currently have 3 variance applications pending to allow carports in the setback) staff took the matter to ZORC at its July 12, 2000 meeting. ZORC concurred that we should be encouraging rehabilitation of older dwellings and to make them consistent with current code requirements. ZORC was careful to only recommend the reduced setback for open carport structures. ZORC recommended that open carports on older dwellings be permitted with a setback of 20 feet from curb and that side-in carports be permitted to within 16 feet of the curb. 4 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 Many private communities have the property line immediately in back of the curb with the garages 20 feet from the property line. B. ANALYSIS: Staff and ZORC recommend that this amendment be recommended for approval to the city council. We have certain R-1 front yard setbacks of 15 feet. Elsewhere in the code garages are prescribed at 20 feet from property line with side-in garages 16 feet from property line. We are taking this opportunity to clarify this provision in the actual R-1 zone text. -Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and supported its implementation as follows: Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. Amend Section 25.16.090 by adding Section "C." In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the Architectural Review Commission may approve well designed carport structures with a minimum setback of (20) feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of (16) feet measured from the curb face to the nearest projection of the carport. In approving such setback, the Architectural Review Commission shall send a notice to property owners within 300 feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations. 5 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 IV. CEGA REVIEW: The proposed amendments are considered Class 5 categorical exemptions for purposes of CEQA and no further documentation is necessary. V. RECOMMENDATION: That the Planning Commission recommend approval to the City Council of Zoning Ordinance Amendments 00-05, 00-07, and 00-08. VI. ATTACHMENTS: ?: A. Draft resolution B. Legal notices Pr : -- epared by teve Smith / Martin a ez Reviewed and Approved by :wi. Philip ell ma/tm 6 CITY OF PO fig 0ESEfi � -d 73-510 FRED WARING DRIVE � PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346-o6i I FAX: 760 341-7098 info palm-d esett.ovg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-5, 00-7, 00-08 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider amending three sections of the City's Zoning Ordinance as it relates to the following: • (ZOA 00-05) Section 25.16.030: Rental and leasing of single-family dwellings for less than 30 days. • (ZOA 00-7) Section 25.104: Commercial communication towers and antennas (stealth installations). • (ZOA 00-08) Section 25.16.090: The required minimum setbacks for garages and carports in the R-1 zone. CO„ixnvawnanm,on SA ID public hearing will be held on Tuesday, September 14, 2000, 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 planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun Rachelle Klassen, Acting City Clerk August 31 , 2000 Palm Desert City Council Revised EXHIBIT "B" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.104. by adding ".060" A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment. (i.e. monopoles designed as artificial palm trees) creating a cluster effect through the use a mix of artificial and natural vegetation. In addition to. the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. Frond or,ar iffcial vegetation height shall not exceed more than 10 feet: from the top of the antenna. C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). I I I Y 0 1 P M0 73-510 FREI) WARING DRrvE _ PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i 1 FAX: 760 341-7098 info@palm-dese¢.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 17, 2000 City of Palm Desert Re: ZOA 00-06, ZOA 00-07, ZOA 00-08 00 013, ; ."�„ The Planning Conimission of the City of Palm D'esert:has.consi'dered your Tequest'and taken- , . I the following action at its-m t eeting of Aug 200,O. c....n:: PLANNING COMMISSION RECOMMENDEDITO:ClTY CO.UNCILIAPPROVALeOF ZOA 00-05, ZOA 00-07 AND ZOA 00-08 BY.ADO.P,T.I.ON OF RESOLUTION t�s',' NO. 2011. MOTION CARRIED 2-1 (COMMISSIONERI:F.INERTY.VOTED',NO, COMMISSIONERS JONATHAN AND LOPEZ WERE ABSENT)_� Any appeal of the .above action may be.made.in_writing..to _the City Clerk, City of Palm Desert, within fifteen (1'5) days of the date of=the d'eoisionr,:n 11 5' PHILIP DRELL, ECRETARY ^'� PALM DESERT PLANNING COMMISSION /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THREE ZONING ORDINANCE AMENDMENTS EACH AS FOLLOWS: 1 . CHAPTER 25.16.030 (J), AS IT RELATES TO RENTAL AND LEASING OF SINGLE-FAMILY DWELLINGS FOR LESS THAN 30 DAYS; 2. CH. 25.104.090 AS IT RELATES TO STEALTH INSTALLATION OF TELECOMMUNICATION TOWERS; AND 3. CHAPTER 25.16.090 (A) AND (C) AS IT RELATES TO SETBACKS FOR GARAGES AND CARPORTS IN THE R-1 DISTRICT. CASE NO(s). ZOA 00=05, ZOA 00-07 & ZOA 00-08 WHEREAS, the Planning Commission of the City of Palm Desert, California; did on the 15T" day of August 15, '2000, hold a duly noticed public hearing to'. 'consider three amendments to the Palm Desert Municipal Code, Chapters 25-.1,6 and:25.104 concerning 'r short term rentals in the R-1 zone, stealth installation of communication ,towers, and garage and carport setbacks in the R-1 zone; and:;,;, a::: c%.c in r WHEREAS,; said application has complied with there,quirements:of2he !'City of Palm;:: ; Desert Procedure :for Implementation, of.-.the 'California Environmental: Quality Act Resolution No. '00-24," in-that the Director of .Community:Develop ment'.has-determined. - that the Zoning Ordinance Amendments are. considered Class 5 Categorical.,Exemptions; 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,-.their:: 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 and affected specific. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that 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 Commission in this case. r PLANNING COMMISSION RESOLUTION NO. 2011 2. That the Planning Commission does hereby recommend to the City Council approval of the Zoning Ordinance text amendments as provided in attached Exhibits "A", "B" and "C" to amend Municipal Code, Chapter 25.16.030 "J.", 25.104. "0.60.", 25.16.090 "A." & "C.". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of August, 2000, by the following vote, to wit: AYES: CAMPBELL, BEATY NOES: FINERTY ABSENT: JONATHAN, LOPEZ ABSTAIN: NONE PAUL R. BEATY, Chairperson ATTEST: :.. PHILIP DRELL, ecretary Palm Desert:Planning Commission PLANNING COMMISSION RESOLUTION NO. 2011 EXHIBIT "A" Short Term Rentals in the R-1 .Zone: Amend Section 25.16.030 by adding "J." :A. Rental or leasing of a single-family dwelling for periods of less than 30- days. 4 .\ .1' h :2 ..« o-. r +,- +..1 .5.:.: Eli.'i;4:.^�, 'iv F.: .:'+ _ ..;n�..t. r\ i •..:... '. . .`. �: + _ L_.S-'xi::-�, 31� • .:w t� kY.e a ,.:1✓ { leF )r .[ 1 .. _ > 1"3.z � 11`S�i'.d l .�...1� tvnl './' 1Y ': 5•} -k.en.».. a:C �s\r � � �i.''{ 2{ -':' �tev . ..Z. 5{ .F♦ �..1x.A{s4.. . �... ., .'. ' I - 5 ) 7 . ..t..-r..! .. :�:" \ �:u_li -4 r PLANNING COMMISSION RESOLUTION NO. 2011 EXHIBIT "B" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.104. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees) creating a cluster effect through the use of a mix . of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the .following development standards: ,. .. B. Height. . No stealth commercial communication tower or antenna shall exceed 65 feet -in height as �measu'red from ground!-level to '-top •of' .ttie antenna. Frond or artificial vegetation Height shall not exceed more ' than 10 feet from• the-tdp of the antenna: C. Separation From Off-Site Uses and .Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). Y PLANNING COMMISSION RESOLUTION NO. 2011 .:V.: .. _ .. .. . . . .. a ,. ... .. PLANNING COMMISSION RESOLUTION NO. 2011 EXHIBIT "C" Garages and Carports in the R-1 Zone. i Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. Amend.Section 25.16.090 by adding.Section,"C:,'? ,r. c ,; r 1n'order to encourage rehabilitation of older dwelling units and to provide �. shaded.:parking for vehicles„ethe Architectural Review Commission may '4s .1 approve well designed carport structures .with a minimum setback of (20) , feet to be measured from the curb face -.to the.front edge of the carport) stru6ture.4 1 Side-in carport •structures may., be =appro'ved, to a.3minimum.:-.., " `- setback of (16) feet measured from the' curb•-face.,to :the nearest projections?Ye m:r of the carport. In approving such setback, the Architectural Review. Commission shall send a notice to property owners within 300 feet of the property and make a determination .that the reduced setback wilh:not-have a detrimental impact - - i:on the .neighborhood, taking into account• the>opinions�,of nearby property it, «. owners -and any property owners associations:,. . , ... , ._ 1. CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 15, 2000 CASE NO: ZOA 00-5,00-07, & 00-8 REQUEST: Approval of 3 amendments to the Zoning Ordinance as they pertain to the following Chapters: • ZOA 00-5, Ch. 25.16.030 (J), as it relates to rental and leasing of single-family dwellings for less than 30 days • ZOA 00-7, Ch. 25.104.060 as it relates to stealth installation of telecommunication towers and antennas • ZOA 00-8, Chapter 25.16.090 (A) and add (C) as it relates to setbacks for garages and carports in the R-1 District. APPLICANT: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 I. ZOA 00-5: Short Term Rental in the R-1 Zone. A. DISCUSSION: It has recently become popular to rent/lease for short periods of time single-family residences in the city. This has been done in the private country clubs for many years. In the private communities this is handled through a central office and is provided for in the CC&R's. In residences outside of private communities there is no central office and the neighbors only learn of the rentals through experience with different persons in the home each week or month. The current code is silent on the issue of short-term rentals of dwellings in the R-1 district. B. ANALYSIS: ZORC heard from several residents at its June meeting and concluded that short- term rentals (30 days or less) do not need to be prohibited outright but could be controlled through the conditional use permit process. The city attorney concurred with this approach. STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 The amendment will allow for short-term rentals (less than 30 days) upon approval of a CUP by Planning Commission following a noticed public hearing. Staff has spoken to one person doing this activity and he has no problem with going through the CUP process. Rentals of 31 days or more will continue to be unrestricted. Short Term Rentals in the R-1 Zone: Amend Section 25.16.030 by adding "J." J. Rental or leasing of a single-family dwelling for periods of less than 30 days. II. ZOA 00-7: Stealth Installation of Commercial Communication Towers and Antennas A. DISCUSSION: One of the goals of the City's Telecommunication Tower and Antenna Ordinance is to minimize visual impacts of commercial communication towers and antennas through use of innovative camouflaging techniques. For example, the use of communication towers designed as artificial palm trees has successfully been utilized throughout the City. With the use of other live palm trees, the stealth designed communication towers have blended in with their natural environments by creating a palm grove effect. If the communication tower or antenna is determined to blend in with their natural environment, the Planning Commission may waive the separation requirements from both single-family zones (300') and other towers (500' if under 50' high / 1000' if over 50' high). The maximum height for stealth installation of communication towers or antennas shall be limited to 65' from ground level to the top of the antennas. Materials such as palm fronds or other like materials may project above the 65' foot height limit. 2 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 B. ANALYSIS: The addition of Section 25.104.060 (Stealth Installations) will allow both the City's Architectural Review Commission and Planning Commission to determine which stealth installations are designed to blend in with their existing natural environment and warrant exceptions to the separation requirements from residential zoned properties and other similar stealth installations. This will allow for grouping of artificial palm trees and live palm trees creating cluster effects. By limiting the height of stealth designed installations to 65', the City is accepting more stealth designed installations versus fewer communication towers at a maximum height of 85'. Although this amendment may result in greater numbers of stealth installations, they will be designed and camouflaged to blend in with their natural environment. The City's Zoning Ordinance Review Committee reviewed the addition of the new section on June 14, 2000 and voted unanimously to recommend approval to the Planning Commission and City Council as follows. Amend Section to 25.104. by adding ".060" : 25.104.060 Stealth Installation of Commercial Communication Towers and Antennas. A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees). In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. 3 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). III. ZOA 00-8: Garages & Carport Setbacks in R-1 Zone. A. DISCUSSION: Covered or shaded parking has been a long-term goal of the city. For new residences the code requires that two covered parking spaces be provided for all new single-family dwellings. This has been required since 1975. In areas of the town with dwellings built before 1975 and in areas built under County standards (i.e., recently annexed) it is not unusual for them to have only one covered parking space or none. In some cases garages have been converted to living space. Considering the extent of the problem (i.e., currently have 3 variance applications pending to allow carports in the setback) staff took the matter to ZORC at its July 12, 2000 meeting. ZORC concurred that we should be encouraging rehabilitation of older dwellings and to make them consistent with current code requirements. ZORC was careful to only recommend the reduced setback for open carport structures. ZORC recommended that open carports on older dwellings be permitted with a setback of 20 feet from curb and that side-in carports be permitted to within 16 feet of the curb. 4 STAFF REPORT CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 Many private communities have the property line immediately in back of the curb with the garages 20 feet from the property line. B. ANALYSIS: Staff and ZORC recommend that this amendment be recommended for approval to the city council. We have certain R-1 front yard setbacks of 15 feet. Elsewhere in the code garages are prescribed at 20 feet from property line with side-in garages 16 feet from property line. We are taking this opportunity to clarify this provision in the actual R-1 zone text. Zoning Ordinance Review Committee reviewed an earlier version of this proposed amendment and supported its implementation as follows: Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. Amend Section 25.16.090 by adding Section "C." In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the Architectural Review Commission may approve well designed carport structures with a minimum setback of (20) feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of (16) feet measured from the curb face to the nearest projection of the carport. In approving such setback, the Architectural Review Commission shall send a notice to property owners within 300 feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations. 5 STAFF REPORT ' CASE NO. ZOA 00-05, 07, 08 AUGUST 15, 2000 IV. CEQA REVIEW: The proposed amendments are considered Class 5 categorical exemptions for purposes of CEQA and no further documentation is necessary. V. RECOMMENDATION: That the Planning Commission recommend approval to the City Council of Zoning Ordinance Amendments 00-05, 00-07, and 00-08. VI. ATTACHMENTS: A. Draft resolution B. Legal notices Prepared by / Steve Smitli/ Martin a ez Reviewed and Approved by Lbmfo- )Philip ell ma/tm 6 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THREE ZONING ORDINANCE AMENDMENTS EACH AS FOLLOWS: 1 . CHAPTER 25.16.030 (J), AS IT RELATES TO RENTAL AND LEASING OF SINGLE-FAMILY DWELLINGS FOR LESS THAN 30 DAYS; 2. CH. 25.104.090 AS IT RELATES TO STEALTH INSTALLATION OF TELECOMMUNICATION TOWERS; AND 3. CHAPTER 25.16.090 (A) AND (C) AS IT RELATES TO SETBACKS FOR GARAGES AND CARPORTS IN THE R-1 DISTRICT. CASE NO(s). ZOA 00-05, ZOA 00-07 & ZOA 00-08 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15T" day of August 15, 2000, hold a duly noticed public hearing to consider three amendments to the Palm Desert Municipal Code, Chapters 25.16 and 25.104 concerning short term rentals in the R-1 zone, stealth installation of communication towers, and garage and carport setbacks in the R-1 zone; 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. 00-24," in that the Director of Community Development has determined that the Zoning Ordinance Amendments are considered Class 5 Categorical Exemptions; 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 their 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 and affected specific. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare that 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 Commission in this case. PLANNING COMMISSION RESOLUTION NO. 2. That the Planning Commission does hereby recommend to the City Council approval of the Zoning Ordinance text amendments as provided in attached Exhibits "A", "B" and "C" to amend Municipal Code, Chapter 25.16.030 "J.", 25.104. "0.60.", 25.16.090 "A." & "C.". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21 st day of October, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Short Term Rentals in the R-1 Zone: Amend Section 25.16.080 by adding "J." J. Rental or leasing of a single-family dwelling for periods of less than 30 days. 3 PLANNING COMMISSION RESOLUTION NO. ' EXHIBIT "B" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.1 C4. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees). In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level to top of the antenna. C. Separation From Off-Site Uses and Other Commercial Communication Towers. 1 . The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree)• 4 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "C" Garages and Carports in the R-1 Zone. Amend Section 25.16.090 by adding the following to Section "A." Notwithstanding the preceding in the R-1 District, the required minimum front setback to a garage door shall be (20) feet measured from the property line and for a side entry garage (16) feet measured from the property line. Amend Section 25.16.090 by adding Section "C." In order to encourage rehabilitation of older dwelling units and to provide shaded parking for vehicles, the Architectural Review Commission may approve well designed carport structures with a minimum setback of (20) feet to be measured from the curb face to the front edge of the carport structure. Side-in carport structures may be approved to a minimum setback of (16) feet measured from the curb face to the nearest projection of the carport. In approving such setback, the Architectural Review Commission shall send a notice to property owners within 300 feet of the property and make a determination that the reduced setback will not have a detrimental impact on the neighborhood, taking into account the opinions of nearby property owners and any property owners associations. 5 CITY of P " l _ OHM 73-510 FRED WARING DRIVE 1 PALM DESERT,CALIFORNIA 92260-2578 TEL: 760 346-o6n FAX:76o 341-7098 info6i p.lm-dnaeorg CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amending the Zoning Ordinance as it relates to rental/leasing of single family dwellings for less than 30 days (Section 25.16.090) and commercial communication towers (stealth installations) Section 25.104. SAID public hearing will be held on Tuesday, August 15, 2000, at 7:00 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 Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 2, 2000 Palm Desert Planning Commission CIIY Of Pn11 RESERI 73-5IO FRED WARING DRIVE PALM DESERT,CALIFORNIA 92260-2578 TEL: 760 346—o6:I FAX: 76- 341-7098 Cora®Ftlm-arr�r..e.E CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-08 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amending the Zoning Ordinance as it relates to required minimum setbacks to garages and carport structures in the R-1 zone, Section 25.16.090. SAID public hearing will be held on Tuesday, August 15, 2000, at 7:00 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 Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 3, 2000 Palm Desert Planning Commission 25.16.010 Chapter 25.16 E. Public parks and recreational facilities; F. Single-family dwelling per lot; RI SINGLE-FAMILY RESIDENTIAL.DISTRICT G. Temporary uses as provided in Chapter 25.64; H. Small family day care homes.(Ord.742§7, 1994; Sections: Ord_ 128§ 1 (part),1976:Ord.94§I(part),1975:Exhibit 25.16.010 Purpose. A § 25.10-2) ' 25.16.020 Principal uses and structures permitted. 2S.16.030 Conditional uses. 25.16.030 Conditional uses The following uses may be permitted subject to a ' 25.16.035 Large family day care homes. conditional use permit: 25.16.040 Prohibited uses. A. Boarding houses and rooming houses; 25.16.050 Development standards for lots B. Churches,convents,monasteries and other religious less than ten thousand square institutions; fret. C. Day nurseries and nursery schools; 25.16.060 Development standards for lots D. Fire stations; ' at least ten thousand square feet E. Private recreational facilities such as country clubs, but less than fifteen thousand tennis and swim clubs,golf courses,with incidental,limited r7 square feet commercial uses which are commonly associated and 25.16.070 Development standards for lots directly related to the primary use; fifteen thousand square feet or F. Private schools and colleges, not including art, more. business, or trade schools or colleges; 25.16.080 General development standards G. Public educational institutions; applicable to all lots. H. Public utility and public service facilities; 25.16.090 Front, rear and side yard I. Commercial parking lots when directly adjacent setback exceptions. to the C-1 general commercial zone and consistent with 25.16.100 Roof mounted equipment recommendations of an adopted specific plan. (Ord. 866 25.16.110 Private swimming pools and pool § 2 (Exhibit A) (part), 1998: Ord. 604 § 2 (Exhibit A), equipment 1990; Ord. 94 § 1 (part), 1975: Exhibit A § 25.10-3) 25.16.120 Private tennis courts and sports courts. 25.16.035 Large family day care home. 25.16.130 Satellite dish antennas. Large family daycare homes are permitted subject to 25.16.140 Air conditioning equipment. a use permit pursuant to chapter 25.72A of this code.(Ord. 742 § 8, 1994) 25.16.010 Purpose. It is the intent of the Rl district to encourage the preser- 25.16.040 Prohibited uses. vation of residential neighborhoods characterized by single- All uses not specifically permitted within Sections family buildings on medium-sized lots and to preserve 25.16.020 and 25.16.030 shall be strictly prohibited within undeveloped lands for similar types of residential develop- the(R1)residential district.(Ord.866§2(Exhibit A)(part), ment by permitting a minimum of auxiliary nonresidential 1998: Ord. 94 § I (part), 1975: Exhibit A § 25.104) uses. (Ord. 866 § 2 (Exhibit A) (part), 1998: Ord. 94 § l (part), 1975: Exhibit A § 25.10-1) 25.16.050 Development standards for lots less than ten thousand square feet 25.16.020 Principal uses and structures All development on lots less than ten thousand square permitted. feet as shown on the zoning map shall comply to the The following uses and structures shall be permitted following minimum development standards: in any RI district: A. Minimum lot area, eight thousand square feet or A. Accessory building, uses, and/or structures. larger as determined by the city council and indicated on B. Domestic animals; the zoning map; C. Home based businesses, as provided in Chapter B. Minimum lot width, seventy feet; 25.66; C. Minimum front yard, twenty feet; D. Private greenhouses and horticultural collections, D. Minimum rear yard, fifteen feet; flower and vegetable gardens; 367 (Palm Deaen 9-96) 25.104.010 Chapter 25.104 B. AB commercial communication towers and commer- cial communication antenna facilities existing on October COMMERCIAL COMMUNICATION TOWER 10, 1996 (the effective date of the ordinance codified in AND COMMERCIAL ANTENNA REGULATIONS this chapter)shall be considered pemutted uses,and allowed to continue their usage as they presently exist;provided Sections: however, that anything other than routine maintenance, 25.104.010 Purpose and intent. including without limitation,structural modifications mclud- 25.104.020 Applicability. ing provisions for additional antennas or additional providers 25.104.030 Permitted commercial and/or new construction on an existing commercial commu- communication towers and nication tower, shall comply with the requirements of commercial communication Section 25.104.040(E)(3). Routine maintenance shall be antennas in zoning districts of permitted on such existing towers. (Ord. 817 19 (part), city. 1996) 25.104.040 Performance and construction standards for commercial 25.104.030 Permitted commercial communication towers and communication towers and commercial communication commercial communication antennas. antennas in zoning districts of city. 25.104.050 Exception process. A. Commercial communication towers and commercial communication antennas shall not be permitted in any 25.104.010 Purpose and inteat residential zoning district in the city. Exceptions to this The regulations and requirements set forth herein are provision may be processed pursuant to Section 25.104.040 adopted for the following purposes: (I,), A. To provide for the location of commercial commu& B. Commercial communication towers and commercial cation towers and commercial communication antennas communication antennas may be approved in any of the in the city of Palm Desert; following zone districts: B. To protect land uses from potential adverse impacts 1. C 1 general commercial, of commercial communication towers and antennas; 2. PC planned commercial; C. To minimize adverse visual impacts of commercial 3. SI service industrial; communication towers and antennas through careful design, 4. P publichnstitutional; siting,landscape screening,and innovative camouflaging 5. OS open space; techniques; 6. PI planned industrial. D. To accommodate the growing need for commercial C. Commercial communication towers and commercial communication towers and antennas; communication antennas may locate on existing towers E. To promote and encourage shared usetcollocation or buildings. of existing and new commercial communication towers I. When located on buildings,commercial communica- as a primary option rather than construction of additional tion towers and commercial communication antennas shall single-use towers; be architecturally integrated into building design so as to F. To protect the public health, safety and welfare; be as unobtrusive as possible in context with the adjacent G. To avoid potential damage to adjacent properties environment and architecturally compatible with existing from tower failure through engineering and careful siting structures in terms of design,color and materials as deter- of tower structures. (Ord. 817 § 9 (part), 1996) mined by the architectural review commission; 2. Shall not exceed fifty percent of the building height 75.104.020 Applicability. D. Requests for building-mounted commercial commum- A. All new commercial communication towers and cation antennas in excess of fifty percent of the building commercial communication antennas in Palm Desert shall height shall be processed pursuant to the requirements of be subject to these regulations and all other applicable subsection (E) of this section. regulations.For purposes of measurement,communication E. New freestanding commercial communication tower setbacks and separation distances, as delineated in towers/commercial communication antennas shall not be Section 25.104.040(E)(3),shall be calculated and applied allowed unless the applicant: irrespective of municipal and county jurisdictional bound- 1. Substantiates to the satisfaction of the planning azlu. commission: 484-1 (Palm Dues 8-97) 25.104.030 a. That existing towns and buildings do not technologi- Separation tally afford the applicant the ability to provide service to Towers-Types Distance the service area of the applicant or service provider,and Monopole greater than 50 1,000 feet b. That the geographical boundaries of the proposed feet in height service area cannot technologically be bifurcated to avoid Monopole 50 feet or less 500 feet the necessity for a freestanding towedanteona at the height in height proposed, and Guyed tower at any height 1,000 feet c. That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding D. Fencing.A fence or wall not less than eight feet facility; in height from finished grade shall be provided around 2. Obtains a conditional use permit pursuant to Chapter each commercial communication tower except those in- 25.72 of the code. (Ord. 817 § 9 (part), 1996) stalled on rooftops.Access to the tower shall be through a locked gate. 25.104.040 Performance and construction E. Landscaping.The visual impacts of a commercial standards for commercial communication tower shall be mitigated for nearby viewers communication towers and through landscaping or other screening materials at the commercial communication base of the tower and ancillary structures. Landscaping anus• and buffering of commercial communication towers shall A. Setbacks.Commercial communication towedantenna be required around the perimeter of the tower and accessory setbacks shall be measured from the base of the tow- structures to the satisfaction of the architectural review edantenna to the property line of the parcel on which it commission.Further,the use of existing vegetation shall is located. Accessory structures shall comply with the be preserved to the maximum extent practicable and may minimum setback requirements of the district in which be used as a substitute of, or in supplement towards, they are located meeting landscaping requirements. B. Separation From Off-Sim Uses. F. Height 1. Commercial communication tower separation shall 1. No freestanding commercial communication towed be measured from the base of the tower to the closest point antenna shall exceed eighty-five feet in height from ground of off-site uses and/or designated areas as specified in level. subsection (13)(2) of this section. 2. Where installed on top of a building,no commercial 2. Sepamom requirements for commercial comununwa- communication towedantenna shall extend greater than tion towers shall comply with the following minimum fifty percent over the building height. standards: G- Type of Construction.Commercial communication towers shall be monopole construction;provided,however, Off-Site Use Separation Distance that guyed construction may be approved by the planning Residentially zoned lands A minimum of 300 feet commission upon consideration of the following factors: or residential uses 1. Compatibility with adjacent properties; 2. Architectural consistency with adjacent properties; C. Separation Distances Between Commercial Commuu- and nication Towers. 3. Visual impact on adjacent properties,including visual 1. Separation distances between commercial commum access of adjacent properties to sunlight. cation towers shall be applicable for and measured between H. Development Criteria Commercial communication the proposed tower and those towers that are existing and/or towers/antennas shall comply with the minimum develop- have received land use or building permit approval from ment criteria of the district in which they are located, the city of Palm Desert after October 10, 1996(the effective pertaining to minimum lot size and open space. date of this chapter). I. Illumination. Commercial communication tow- 2. The separation distances shall be measured by ers/antennas shall not be artificially lighted except to assure drawing or following a straight line between the base of human safety or as required by the Federal Aviation Admin- the existing tower and the proposed base, pursuant to a istration. site plan, of the proposed tower. 1. Collocation. 3. The separation distances(listed in linear feet)shall 1. Proposed commercial communication antennas may, be as follows: and are encouraged to,collocate onto existing commercial communication towers;provided,such collocation is accom- (Palm Dmn 8-97) 484-2 25.104.040 plished in a manner consistent with this section. Such and removal, any variance approval for the tower shall collocation is permitted without amendment of the existing automatically expire. (Ord. 817 § 9 (part), 1996) conditional use permit if no additional modification to the tower is proposed. 25.104.050 Exception process. 2. Any request to collocate a new antenna within the The planning commission may approve exceptions required separation radius of an existing tower shall be relative to: required to collocate an the existing tower.Any modification A. Zoning districts on which commnecial communication of that existing tower is subject to the conditional use permit towers and commercial communication antennas may be process and Section 25.104.030. located; 3. If determined by the city that the proposed commer- B. Height of building mounted commercial cial tower is situated in a location which will benefit the communication antennas; city's telecommunication systems,then the tower shall be C. Separation distances between residential zoned lands engineered and constructed to accommodate the additional or residential uses and commercial communication towers; telecommunicatiog equipment beneficial to the public system D. Separation distances between commercial communi- at a cost to the city no greater than the actual expense of cation towers; the provider in so engineering and constructing the tower upon affirmation of the following findings: to meet the city's needs. E. That there is a unique land use characteristic or 4. Where collocation may effectively be accomplished nearby geographic feature which results in a compelling without violation of the provisions of this chapter and technological need to locate the commercial communication without reasonable interference with the applicant's existing towers and/or commercial communication antennas in the use,the applicant shall allow third party collocation on location and/or at the height proposed; and any tower erected under this chapter.Applicant may charge F. Thar the unique land use characteristics or geograph- a reasonable rental fee for such collocated use to the extent is features mitigate any negative aesthetic concerns.(Ord. allowed by law. 817 § 9 (part), 1996) K. Noninterference.No commercial communication tower or antenna shall interfere with public safety communi- cation.Frequency coordination is required to ensure nonin- terference with public safety system and/or public safety entities. L. Exceptions. Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25.104.050. M. Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/ antenna. N_ Signs and Advertising.The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. O. Abandonment In the event the use of any commer- cial communication tower has been discontinued for a period of one hundred eighty consecutive days, the tower shall be deemed to have been abandoned.Upon such abandon- ment,the owner/operator of the tower shall have an addi- tional one hundred eighty days within which to:(1)reacti- vate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower;or(2) dismantle and remove the tower. At the earlier of one hundred eighty-one days from the date of abandonment without reactivation or upon completion of dismantling 484-3 (Palm Deus 9-97) 25.16.050 E. Minimum side yards, fourteen feet combined, H. Maximum building site coverage,thirty-five percent- each of which shall be not less than five feet; (Ord.866§2(Exhibit A)(part), 1998:Ord. 128§§ 1 (part), F. Minimum street side yard, ten feet; 3, 1976:Ord.94§ 1 (part), 1975:Exhibit A§§25.10-7 — G. Maximum building site coverage,thirty-five percent; 25.10-7.08) H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on 25.16.080 General development standards lots less than ten thousand square feet in size. (Ord. 866 applicable to all lots. § 2 (Exhibit A) (part), 1998: Ord. 128 § 1 (part), 1976: The following standards shall apply to all lots in an Rl Ord.94 § 1 (part), 1975: Exhibit A §§ 25.10-5—25.10- district: ! 5.09) A. Maximum building height,eighteen feet and maxi- mum one story in height.All homes fifteen feet in height 25.16.060 Development standards for lots at or more shall be reviewed and approved by the architectural t least ten thousand square feet but review commission prior to issuance of building permits. less than fifteen thousand square If the property is within a homeowners association with feet. a bona fide architectural review process and the applicant o All development on lots at least ten thousand square obtains approval from that architectural review body,the t feet but smaller than fifteen thousand square feet as shown city's architectural review process may be waived; on the zoning map shall comply to the following develop- B. Maximum building site coverage in the R-1 zone ment standards. districts may be increased to as much as fifty percent subject t A. Minimum lot depth, one hundred feet; to review and approval by the architectural review commis- B. Minimum 19t widths, ninety feet; sion. Items to be considered by the architectural review C. Minimum front yard, twenty feet; commission include,but are not limited to,building setbacks A- D. Minimum rear yard, twenty feet; and neighborhood compatibility. E. Minimum side yards,twenty feet combined,no side C. All parking and loading shall comply with the �- less than eight feet; provisions of Chapter 25.58; F. Minimum street side yard, fifteen feet; D. For provisions regarding utilities, see Section ` G. Maximum building site coverage,thirty-five percent; 25.56.090; H. The minimum dwelling unit size as specified in E. All signs shall be in compliance with Chapter 25.68; F Section 25.56.320 shall be increased to one thousand two F. All development shall comply with the provisions ` hundred fifty square feet for all lots larger than ten thousand of Chapter 25.70 for site plan review by the architectural square feet but smaller than fifteen thousand. (Ord. 866 review commission review process.(Ord.866§2(Exhibit §2(Exhibit A)(part), 1998:Ord. 128§§ 1 (part),2, 1976: A) (part), 1998: Ord. 94 § 1 (part), 1975: Exhibit A §§ ` Ord. 94 § 1 (part), 1975: Exhibit A§§ 25.10-6—25.10- 25.10-8 — 25.10-8.05) 6.08) 25.16.090 Front, tear and side yard setback F 25.16.070 Development standards for lots exceptions. fifteen thousand square feet or A. Front and/or rear yard setbacks may be reduced f more. by up to twenty-five percent of the required setback provid- All developments on lots fifteen thousand square feet Ok ed that the average of each such setback,when considered or more as shown on the zoning map shall comply to the on an individual basis, is not less than the minimum re- t following minimum development standards: quired for the district(i.e.a fifty foot wide dwelling which A. Minimum lot depth,one hundred twenty-five feet; chooses to utilize a twenty-five percent reduction for twenty- B. Minimum lot width, ninety feet; five feet of its width must provide a setback at least twenty- P C. Minimum front yard, twenty-five feet; five percent greater than the minimum prescribed setback D. Minimum rear yard, twenty feet; for the remaining twenty-five feet of its width).E. Minimum side yard, fifteen feet; Notwithstanding the preceding,in the R-1 8,000 district F. Minimum street side yard, fifteen feet; the minimum rear yard may be reduced to ten feet provided C G. The minimum dwelling unit size as specified in that the average of the rear yard setback complies with Section 25.56.320 shall be increased to fifteen hundred the fifteen foot requirement. C square feet for all lots larger than fifteen thousand square B."In addition to the provisions of subsection A of C feet; this section,the required front,rear and side yard setbacks C (Palm Dean 9-98) 368 - C C C C i 25.16.090 on an irregularly shaped lot may be reduced by as much 25.16.120 Private tennis courts and sports as twenty percent upon a showing that: courts. 1. The lot in question is irregular in shape (i.e., the Private tennis courts/sports courts(courts)are subject lot has significantly less width or depth than the typical to review and approval by the architectural review commis- lot in the subdivision or the lot has more than four boundary sion and shall be constructed consistent with the following: lines and the dimensions prevent a home typical of the A. A minimum ten-foot setback shall apply from side neighborhood from being placed on the lot; and and rear lot lines,and a minimum twenty-foot setback shall 2. The architectural review commission makes a apply from front lot lines; determination that the reduced setback(s)-will not have B. There shall be no more than one tennis court and a detrimental impact on the neighborhood. (Ord. 94 § 1 one sports court for each residential parcel of land unless (part), 1975: Exhibit A § 25.10-9) a conditional use permit is approved by the planning commission; 25.16.100 Roof mounted equipment. C. Private tennis courts/sports courts shall not be used All roof mounted equipment including,but not limited for commercial purposes, and shall be used only by the to,heating,exhaust fans,cooling,solar and antenna shall residents and their invited guests; be screened to the greatest extent possible so as to preclude D. All tennis courts/sports courts fencing shall not viewing of same from adjacent residences, public ways exceed ten feet in height as measured from the elevation and golf courses (public or private). Exception: Satellite at the adjacent property line, and shall be screened from television antenna thirty-nine inches or less in diameter public view and adjacent property with a combination of and other roof mounted equipment such as evaporative walls, berms and landscaping; coolers or solar panels may be visible upon a showing that E. A landscape and irrigation plan shall be provided screening of same would:(1)unreasonably delay or prevent for review and approval by the architectural review com- installation, maintenance or use; or (2) unreasonably in- mission. crease the cost of installation, maintenance or use;or(3) F. If the proposal for a private tennis court/sports court preclude reception of an acceptable quality signal. (Ord. includes the provision of lighting for night play,the own- 866 § 2 (Exhibit A) (part), 1998) er/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor 25.16.110 Private swimming pools and pool Lighting Requirements; equipment. G. If the tennis/sports court is depressed at least four Private swimming pools shall be permitted on residential feet below the existing grade or the fence is no more than I lots in accordance with the standards listed below: six feet above the adjacent grade then the court may be A. The water perimeter of the pool shall be no closer located to within five feet of the side and rear property I than five feet from any property line unless appropriate lines. engineering documentation is provided which shows that Note: For purposes of this section,"sports courts"are the pool will not create a surcharge problem on structures defined as: A walled or fenced area for playing one of at the property line.With appropriate documentation the various games with a ball such as racquet ball,hand ball, minimum setback may be reduced to two feet from the basketball,badminton and other similar outdoor activities. ' property line; H. Design and orientation of sports courts may be B. All swimming pool equipment shall be housed in subject to architectural review commission review to insure a building or be located behind a screen wall of sufficient minimum impacts on adjacent properties. (Ord. 866 § 2 ' height to obscure said pool equipment from public view; (Exhibit A) (part), 1998) C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With 25.16.130 Satellite dish antennas. ' appropriate structural documentation,the minimum setback A satellite receiving dish of more than thirty-nine inches may be reduced to two feet from the property line; in diameter must conform to the following standards: D. Swimming pool equipment shall not be located A. The receiver shall not be visible from the street within a required side yard setback adjacent to a structure or be placed on a rooftop in a required front setback, or unless it is demonstrated that the noise level at the property any other required setback except a rear setback with no line will comply with the noise levels of Municipal Code portion of receiver located within five feet of a property Section 9.24.030. (Ord.866§2(Exhibit A)(part), 1998) line; B. Height from existing or finished adjacent grade, whichever is less,shall not exceed fourteen feet if within 368-1 (Palm Dann 9-98) Revised EXHIBIT "B" Stealth Installation of Commercial Communication Towers and Antennas. Amend Section to 25.104. by adding ".060" : A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees) creating a cluster effect through the use a mix of artificial and natural vegetation. In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: . B. Height. No stealth commercial communication tower.or antenna shall exceed 65 .feet in height as measured4rom ground ;s level to. top of the antenna. Frond or:artificial vegetation height shall not exceed more than 10 feet from.the.top of, the antenna. , C. Separation From Off-Site Uses and Other, Commercial Communication Towers. 1 The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B) 2, if it is determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25,104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). ZONING ORDINANCE AMENDMENT 00-7 CHAPTER 25.104 COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS New Section: 25.104.60 Stealth Installation of Commercial Communication Towers and Antennas. A. Stealth installation of commercial communication towers and antennas are those determined by the Architectural Review Commission and the Planning Commission to be designed to blend in with their existing natural environment (i.e. monopoles designed as artificial palm trees). In addition to the aforementioned sections, stealth installations shall be subject to the following development standards: B. Height. I. No stealth commercial communication tower or antenna shall exceed 65 feet in height as measured from ground level. C. Separation From Off-Site Uses and Other Commercial Communication Towers. I. The Planning Commission may waive the separation requirements from residential zoned properties and residential uses found in Section 25.104.040 (B)2, if determined that the tower or antenna utilizes an approved stealth design(i.e. artificial palm tree). 2. The Planning Commission may waive the separation requirements between Commercial Communication Towers found in Section 25.104.040 (C), if determined that the tower or antenna utilizes an approved stealth design (i.e. artificial palm tree). 25.104.010 Chapter 25.104 B. All commercial communication towers and commer- cial communication antenna facilities existing on October COMMERCIAL COMMUNICATION TOWER 10, 1996 (the effective date of the ordinance codified in AND COMMERCIAL ANTENNA REGULATIONS this chapter)shall be considered permitted uses,and allowed to continue their usage as they presently exist;provided Sections: however, that anything other than routine maintenance, 25.104.010 • Purpose and intent. including without limitation,structural modifications includ- 25.104.020 Applicability. ing provisions for additional antennas or additional providers 25.104.030 Permitted commercial and/or new construction on an existing commercial commu- communication towers and nication tower, shall comply with the requirements of commercial communication Section 25.104.040(E)(3). Routine maintenance shall be antennas in zoning districts of permitted on such existing towers. (Ord. 817 § 9 (part), city. 1996) 25.104.040 Performance and construction standards for commercial 25.104.030 Permitted commercial communication towers and communication towers and commercial communication commercial communication antennas. antennas in zoning districts of city. 25.104.050 Exception process. A. Commercial communication towers and commercial communication antennas shall not be permitted in any 25.104.010 Purpose and intent residential zoning district in the city. Exceptions to this The regulations and requirements set forth herein are provision may be processed pursuant to Section 25.104.040 adopted for the following purposes: (L). A. To provide for the location of commercial communi- B. Commercial communication towers and commercial cation towers and commercial communication antennas communication antennas may be approved in any of the in the city of Palm Desert; following zone districts: B. To protect land uses from potential adverse impacts 1. C 1 general commercial; of commercial communication towers and antennas; 2. PC planned commercial; C. To minimize adverse visual impacts of commercial 3. SI service industrial; communication towers and antennas through careful design, 4. P public/institutional; siting,landscape screening,and innovative camouflaging 5. OS open space; techniques; 6. PI planned industrial. D. To accommodate the growing need for commercial C. Commercial communication towers and commercial communication towers and antennas; communication antennas may locate on existing towers E. To promote and encourage shared use/collocation or buildings. of existing and new commercial communication towers 1. When located on buildings,commercial COmmUmlca- as a primary option rather than construction of.additional tion towers and commercial communication antennas shall single-use towers; be architecturally integrated into building design so as to F. To protect the public health, safety and welfare; be as unobtrusive as possible in context with the adjacent G. To avoid potential damage to adjacent properties environment and architecturally compatible with existing from tower failure through engineering and careful siting structures in terms of design,color and materials as deter- of tower structures. (Ord. 817 § 9 (part), 1996) mined by the architectural review commission; 2. Shall not exceed fifty percent of the building height. 25.104.020 Applicability. D. Requests for building-mounted commercial commum- A. All new commercial communication towers and cation antennas in excess of fifty percent of the building commercial communication antennas in Palm Desert shall height shall be processed pursuant to the requirements of be subject to these regulations and all other applicable subsection (E) of this section. regulations.For purposes of measurement,communication E. New freestanding commercial communication tower setbacks and separation distances,as delineated in towers/commercial communication antennas shall not be Section 25.104.040(E)(3),shall be calculated and applied allowed unless the applicant: irrespective of municipal and county jurisdictional bound- 1. Substantiates to the satisfaction of the planning aries. commission: 484-1 (Palm Doren 8-97) 25.104.030 f: a. That existing towers and buildings do not technologi- Separation tally afford the applicant the ability to provide service to Towers-Types Distance the service area of the applicant or service provider, and Monopole greater than 50 1,000 feet b. That the geographical boundaries of the proposed feet in height service area cannot technologically be bifurcated to avoid Monopole 50 feet or less 500 feet the necessity for a freestanding tower/antenna at the height in height proposed. and Guyed tower at any height 1,000 feet c. That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding D. Fencing. A fence or wall not less than eight feet facility; in height from finished grade shall be provided around 2. Obtains a conditional use permit pursuant to Chapter each commercial communication tower except those in- 25.72 of the code. (Ord. 817 § 9 (part), 1996) stalled on rooftops.Access to the tower shall be through a locked gate. 25.104.040 Performance and construction E. Landscaping.The visual impacts of a commercial standards for commercial communication tower shall be mitigated for nearby viewers communication towers and through landscaping or other screening materials at the commercial communication base of the tower and ancillary structures. Landscaping antennas. and buffering of commercial communication towers shall A. Setbacks.Commercial communication tower/antenna be required around the perimeter of the tower and accessory setbacks shall be measured from the base of the tow- structures to the satisfaction of the architectural review er/antenna to the property line of the parcel on which it commission.Further, the use of existing vegetation shall is located. Accessory structures shall comply with the- be preserved to the maximum extent practicable and may minimum setback requirements of the district in which be used as a substitute of, or in supplement towards, they are located. meeting landscaping requirements. B. Separation From Off-Site Uses. F. Height. 1. Commercial communication tower separation shall 1. No freestanding commercial communication tower/ be measured from the base of the tower to the closest point antenna shall exceed eighty-five feet in height from ground of off-site uses and/or designated areas as specified in level. - subsection (13)(2) of this section. 2. Where installed on top of a building,no commercial 2. Separation requirements for commercial communica- communication tower/antenna shall extend greater than tion towers shall comply with the following minimum fifty percentover the building height. - standards: G. Type of Construction.Commercial communication towers shall be monopole construction;provided,however, Off-Site Use Separation Distance that guyed construction may be approved by the planning Residentially zoned lands A minimum of 300 feet commission upon consideration of the following factors: or residential uses 1. Compatibility with adjacent properties; 2. Architectural consistency with adjacent properties; C. Separation Distances Between Commercial Commu- and nication Towers. 3. Visual impact on adjacent properties,including visual 1. Separation distances between commercial commurd access of adjacent properties to sunlight. cation towers shall be applicable for and measured between H. Development Criteria.Commercial communication the proposed tower and those towers that are existing and/or towers/antennas shall comply with the minimum develop- have received land use or building permit approval from ment criteria of the district in which they are located, the city of Palm Desert after October 10, 1996(the effective pertaining to minimum lot size and open space. date of this chapter). I. Illumination. Commercial communication tow- 2. The separation distances shall be measured by ers/antennas shall not be artificially lighted except to assure drawing or following a straight line between the base of human safety or as required by the Federal Aviation Admin- the existing tower and the proposed base, pursuant to a istration. site plan, of the proposed tower. 1. Collocation. 3. The separation distances(listed in linear feet)shall 1. Proposed commercial communication antennas may, be as follows: and are encouraged to,collocate onto existing commercial communication towers;provided,such collocation is accom- (Palm D w 8-97) 484-2 25.104.040 plished in a manner consistent with this section. Such and removal, any variance approval for the tower shall collocation is permitted without amendment of the existing automatically expire. (Ord. 817 § 9 (part), 1996) conditional use permit if no additional modification to the tower is proposed. 25.104.050 Exception process. 2. Any request to collocate anew antenna within the The planning commission may approve exceptions required separation radius of an existing tower shall be relative to: required to collocate on the existing tower.Any modification A. Zoning districts on which commercial communication of that existing tower is subject to the conditional use permit towers and commercial communication antennas may be process and Section 25.104.030. located; 3. If determined by the city that the proposed commer- B. Height of building mounted commercial cial tower is situated in a location which will benefit the communication antennas; city's telecommunication systems,then the tower shall be C. Separation distances between residential zoned lands engineered and constructed to accommodate the additional or residential uses and commercial communication towers; telecommunicating equipment beneficial to the public system D. Separation distances between commercial communi- at a cost to the city no greater than the actual expense of cation towers; the provider in so engineering and constructing the tower upon affirmation of the following findings: to meet the city's needs. E. That there is a unique land use characteristic or 4. Where collocation may effectively be accomplished nearby geographic feature which results in a compelling without violation of the provisions of this chapter and technological need to locate the commercial communication without reasonable interference with the applicant's existing towers and/or commercial communication antennas in the use, the applicant shall allow third parry collocation on location and/or at the height proposed; and any tower erected under this chapter.Applicant may charge F. That the unique land use characteristics or geograph- a reasonable rental fee for such collocated use to the extent is features mitigate any negative aesthetic concerns.(Ord. allowed by law. 817 § 9 (part), 1996) K. Noninterference. No commercial communication tower or antenna shall interfere with public safety communi- cation.Frequency coordination is required to ensure nonin- terference with public safety system and/or public safety entities. L. Exceptions. Any request to deviate from any of the requirements of this section shall inquire approval of an exception pursuant to Section 25.104.050. M. Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/ antenna. N. Signs and Advertising.The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. O. Abandonment.In the event the use of any commer- cial communication tower has been discontinued for a period of one hundred eighty consecutive days, the tower shall be deemed to have been abandoned.Upon such abandon- ment,the owner/operator of the tower shall have an addi- tional one hundred eighty days within which to:(1)reacti- vate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower;or(2) dismantle and remove the tower. At the earlier of one hundred eighty-one days from the date of abandonment without reactivation or upon completion of dismantling 484-3 (P.I.o« 8-97) CIIY OF P " EM DESERT 73-5io FRED WARING DRIVE PALM DESERT, CALIFORNIA 92 260-2 57 8 TEL: 760 346-o6i i FAX: 760 341-7098 info@ palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 00-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amending the Zoning Ordinance as it relates to rental/leasing of single family dwellings for less than 30 days (Section 25.16.090) and commercial communication towers (stealth installations) Section 25.104. SAID public hearing will be held on Tuesday, August 15, 2000, at 7:00 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 Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary August 2, 2000 Palm Desert Planning Commission /k ✓ 7Z - i - - . l p I 1