HomeMy WebLinkAboutZOA 10-81 PRECISE PLANS 1982 ORDINANCE NO. 299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING
AMENDMENTS TO THE MUNICIPAL CODE ADDING
CHAPTER 25.73, PRECISE PLAN'S, DELETING SECTIONS
25.24.070, 25.24.080, 25.24.100, 25.30.060, 25.30.070,
25.30.090, 25.36.060, 25.36.070, 25.36.090; REVISING
SECTIONS 25.24.060, 25.30.050 AND 25.36.060 AND
CHAPTER 26.36.
CASE NO. ZOA 10-81
WHEREAS, the City Council of the City of Palm Desert, California, did on the
13th day of May, 1982, hold a duly noticed public hearing to consider an amendment to the
Municipal Code establishing a precise plan procedure; and
WHEREAS, the Planning Commission, by Resolution No. 796, has recommended
approval; and
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolutin No.
80-8911, in that the Director of Environmental Services has determined the project is a
Class 5 Categorical Exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to approve the zoning ordinance amendment:
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.
9 3. That the Zoning Ordinance Amendment would better serve the public health,
safety, and general welfare, than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, as follows:
1. That the above recitations are true and correct and constitute the
considerations of the Council in this case.
2. That it does hereby approve a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A", to amend Municipal
Code Chapter 25, by adding a Precise Plan procedure and revising portions
of the Municipal Code as set forth therein.
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the
City of Palm Desert, and shall certify to the passage of adoption of this
Ordinance, and the same shall be in full force and effect thirty (30) days
after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of
the City of Palm Desert, California, held on this 20th day of May, 1982, by the following
vote to wit:
AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson
NOES: None
ABSENT: None
ABSTAIN: None
S O WIL ON, MA
ATTEST:
HEILA R. GILL AN, CITY ERK
CITY OF PALM DESERT, IFORNIA
Ar
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ORDINANCE NO. 299
EXHIBIT "A"
1. Add Chapter 25.73 - Precise Plan.
25.73.010 When Required.
A. No person shall commence any use for which a conditional use permit is
required or any use not permitted in either the R-1, RE zone, and no building permit shall
be issued for any structure to be used for or in conjunction with any such use, until a
precise plan of design covering the parcel or parcels to be so used shall be approved and
adopted as herein provided. The precise plan of design may be filed and approved as a
part of the conditional use permit procedure.
B. Notwithstanding any provision of the Uniform Building Code, no grading
permit shall be issued for the grading or excavation of any land, until a precise plan of
design, tentative tract map, or tentative parcel map covering the property proposed to be
graded or excavated has been approved and adopted as herein provided.
This paragraph (B) shall not apply to the grading or excavation required in
connection with (1) the construction of a swimming pool on property in the Residential
zone or (2) the movement of less than 50 cubic yards of earth or (3) the grading of any
parcel of property outside of the Hillside Overlay Zone so as to improve the land for
emergency drainage purposes.
25.73.011 Contents of. Such precise plan of design shall specify and include:
A. The location, size, height, and type of all structures including signs, walls
and fences.
B. The location, size and dimensions of all yards and setbacks and all spaces
between structures.
C. The plan of the proposed parking area for the development to which the
parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to
clearly indicate the proposed development including location, size, shape, design, curb
cuts, lighting drainage, paving, parking stalls, landscaping, and other features and
appurtenances of the proposed parking lot.
D. The location, dimensions and method of improvement of all property to be
dedicated to the public or to public utilities.
E. Examples of proposed architectural treatment in the form of perspectives
and elevations and such other data as may be required by the Planning Commission,
Design Review Board or Environmental Services Director in evaluating the proposed
development shall be required and become an integral part of such a submittal.
F. In all zones other than single family residential or for any use specifically
permitted in said zones, or for any use for which a conditional use permit is required--the
general location, area, and type of landscaping.
G. General nature of the proposed use.
25.73.012 Approval or Rejection of Precise Plan. Any such precise plan of design
may be rejected, approved, modified and approved, or approved subject to conditions.
Any such precise plan of design after approval, may be amended, in the same manner as a
precise plan of design is first approved hereunder.
25.73.013 Approval or Rejection Considerations.
A. In the approval or rejection of a precise plan of design, consideration shall
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ORDINANCE NO. 299
be given and restrictions shall be imposed to the extent necessary, in view of the size and
shape of the parcel and the present and proposed zoning and use of the subject property
and the surrounding property, to permit the same degree of enjoyment of the subject
property, but subject to the same degree of protection of adjoining properties, as would be
accorded in normal circumstances by the standard restrictions imposed by this Chapter.
The standard restrictions imposed in the various zones by this Chapter relating to the
subjects mentioned in Section 27.73.011 are intended as minimum restrictions necessary in
normal circumstances to prevent substantial depreciation of property values in the
vicinity, unreasonable interference with the use and enjoyment of property in the vicinity
by the occupants thereof for lawful purposes and the protection of the public peace,
health, safety and general welfare. "Normal circumstances" are intended to refer to the
case of a permitted case upon a lot of a normal size and shape surrounded by property in
the same zone as the lot in question.
B. If the proposed precise plan of design would substantially depreciate
property values in the vicinity or would unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes or would endanger
the public peace, health, safety or general welfare, such plan shall be rejected or shall be
so modified or conditioned before adoption as to remove said objections.
C. In addition to the foregoing grounds of rejection, the Planning
Commission and City Council, as the case may be, may also consider and take into
account the exterior architectural design, general exterior appearances, landscape, color,
texture of surface materials and exterior construction, shape and bulk and other physical
characteristics including location and type of public utility facilities, and if it is found
that the proposed precise plan of design, including the considerations herein enumerated
would interfere with the orderly development in the vicinity of said precise plan area, or
with the existing or proposed use thereof, such precise plan of design shall be rejected or
shall be so modified or conditioned before approval as to remove the said objections.
25.73.014 Approval subject to condition. A precise plan of design may be approved
{ subject to the granting of a change of zone, a conditional use permit, a variance or the
approval of a final subdivision map, and the Planning Commission or City Council may
require such a precise plan of design to be submitted prior to the granting or
recommending of a zone change, variance or conditional use permit.
25.73.015 Compliance required. No person shall violate or fail to comply with any
approved precise plan of design or any conditions or provisions thereof nor shall a building
permit be issued for any structure which would violate or fail to comply with any
approved precise plan of design for the parcel or parcels on which such structure is to be
located. In the event any such permit is issued, it shall be null and void and have no
further effect.
25.73.016 Continuance of existing plans. Any precise plan previously approved and
in effect, shall remain in effect regardless of any changes to zoning regulations
subsequently adopted unless the precise plans are made null and void or amended at the
time of adoption.
25.73.017 Distinction from other precise plans. The precise plans of design
referred to herein are not to be confused with or considered to be precise plans as
referred to in the Government Code of the State.
25.73.018 Street frontage_requirements. No building or other structure to be used
for any business or commercial purpose shall hereafter be erected unless the frontage of
the lot, or parcel of land upon which such building or structure is erected, abuts on one
side of a public street between two intersecting streets and unless the front of such
building or structure shall abut on and face such public street, provided, however, that
when practical difficulties or unnecessary hardships result through the strict and literal
interpretation and enforcement of the provisions hereof, the Planning Commission or City
Council may, upon the adoption of a precise plan of design for the development of a
particular lot or parcel of land and upon such conditions as it may establish, expressly
vary or waive the requirements of this section.
25.73.019 Failure to utilize a precise plan.
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ORDINANCE NO. 299
A. Failure to utilize a precise plan within one (1) year of its effecive date
(unless extended by action of the Planning Commission) will automatically void such
precise plan. In the event construction work is involved, such work must actually
commence within the stated period and be diligently pursued. If the City should find that
there has been no construction of substantial character taken or if such construction
should lapse for more than six (6) months, the precise plan shall be void.
B. Extension of time up to a maximum one (1) year may be granted from the
date of expiration of the precise plan by the Planning Commission when extenuating
circumstances can be clearly shown by the applicant. The request for same shall be
submitted to the Planning Commission in writing prior to the expiration date and shall
clearly state the reasons why construction has not commenced.
C. The Commission may grant additional time extensions up to a maximum of
one year providing that there has not been adopted any changes to zoning regulations that
would impact said precise plan.
25.73.020 Amendment to a precise plan.
A. The Planning Commission may grant an amendment to the approved precise
plan only after all procedures as set forth for the original application are met except that
the request for such amendment may be in letter form in lieu of being placed on the
official form of application for a precise plan of design.
B. The Environmental Services Director may approve in writing on the
approved precise plan minor modifications without the benefit of public hearing when such
modifications do not adversely affect the public interest or the interest of owners of
neighboring properties or substantially alter the plan, and so long as said modification
would not affect any other condition of approval.
II. Revise the following sections of the Zoning Ordinance
25.24.060 Rezoning and Precise Plan requirements. The Planning Commission may
initiate at its descretion the rezoning of properties, according to the provisions of
Chapter 25.84. In cases of City initiated rezoning, the change of zone petition may be
processed along; an approved precise plan as set forth in Chapter 25.73 shall be required
prior to any development.
Rezoning initiated by a any person or agency other than the City must be
accompanied by a precise plan as set forth in Chapter 25.73.
DELETE Sections 25.24.070 Development Plan, 25.24.080 Amendments to
Development Plan, and 25.24.100 Development plan processing as separate matter.
All references to plan in Chapter 25.24 shall be changed to precise plan.
25.30.050 Rezoning and precise plan requirements. The Planning Commission may
initiate at its descretion the rezoning of properties, according to the provisions of
Chapter 25.84. In cases of City initiated rezoning, the change of zone petition may be
processed alone; an approved precise plan as set forth in Chapter 25.73 shall be required
prior to any development.
Rezoning initiated by a any person or agency, other than the city, must be
accompanied by a precise plan as part of the change of zone application.
DELETE Sections 25.30.060 Development Plan, 25.30.070 Amendments to
development plan and 25.30.090 development plan processing as separate matter.
All references to development plan in Chapter 25.30 shall be amended to read
precise plan.
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ORDINANCE NO. 299
Section 25.36.050 Rezoning and recise plan requirements. The Planning
Commission may initiate at its descretion the rezoning of properties, according to the
provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed alone; an approved precise plan as set forth in Chapter 25.73
shall be required prior to any development.
Rezoning initiated by any person or agency, other than the city, must be
accompanied by a precise plan as part of the change of zone application.
DELETE Sections 25.36.060 Development Plan, 25.36.070 Amendments of
development plan, and Section 25.36.090 Development plan processing as separate
matter.
All references to development plan in Chapter 25.36 shall be revised to precise
plan.
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INTEROFFICE MEMORANDUM
City of Palm Desert
TO: MAYOR AND CITY COUNCIL
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: ZOA 10-81 PRECISE PLAN
DATE: MAY 20, 1982
During the public hearing on ZOA 10-81 Precise Plan, some concern was raised
with the approval and rejection criteria set forth in Section 25.73.013.
Present approval criteria in the Sections 25.24.330, 25.30.280, and 25.36.300
states:
"The planning commission and/or city council may approve a
development plan only after finding that the requirements of this
title (each section is separate) and other ordinances affecting
the property have been satisfied. In granting such approval, the
city council may impose and enforce such specific conditions as
to site development, phasing and building construction,
maintenance and operation as it deems necessary to carry out
the purposes of this title and the general plan."
The concern was raised that Section 25.73.013 might unduly restrict decision
making capabilities, or the ability to impose conditions of approval. The criteria
established for are set forth to direct the decision makers on what criteria they should
base approvals and added conditions. That section of the code -tlso states:
"The standard restrictions imposed in the various zones by this
chapter relating to the subjects mentioned in Section 27.73.011
are intended as minimum restrictions necessary in normal
circumstances to prevent substantial depreciation of property
values in the vicinity, unreasonable interference with the use and
enjoyment of property in the vicinity by the occupants thereof
for lawful purposes and the protection of the public peace,
health, safety and general welfare..."
In rejecting a precise plan the decision making body must reject, modify or
condition the precise plan if it:
"would substantially depreciate property values in the vicinity or
would unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful
purposes or would endanger the public peace, health, safety or
general welfare...."
beyond that criteria paragraph C of section 25.73.013 allows the decision makers to:
"consider and take into account the exterior architectural
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PRECISE PLAN
design, general exterior appearances, landscape, color, texture
of surface materials and exterior construction, shape and bulk
and other physical characteristics including location and type of
public utility facilities, and if it is found that the proposed
precise plan of design, including the considerations, herein
enumerated would interfere with the orderly development in the
vicinity of said precise plan area or with the existing or proposed
use thereof. Such precise plan of design shall be rejected or
shall be so modified or conditioned before approval as to remove
the said objections."
The criteria for approval or rejection are intended not only to protect the rights of
a property owner who wishes to develop his property; but more importantly the right of
adjoining property owners. While protecting those rights, the criteria will assure that the
decision making body reviews all proposals as being consistent with the city's long range
goals and objectives.
Both existing and proposed regulations preclude any decision making body from
arbitrarily approving or rejecting an application. The proposed ordinance clarifies and
codifies the intent and direction of existing legislation.
Attached is an application for precise plan approval which the department will
utilize. The application and required information are quite detailed and intended to
provide the council, commission, staff, and the public with the project information needed
to evaluate a given development.
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CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
INSTRUCTIONS FOR FILING A PRECISE PLAN
No application will be accepted without the completion of all of the following:
1. Applicant's Environmental Information Form: 5 copies
2. Filing Fee: Per City Council Resolution No. 79-7
A. Precise Plan
B. Environmental Impact Assessment
3. Application: 1 copy
4. Supporting Statements: 15 copies
5. Legal Description: 5 copies
6. 300-Foot Radius Map: 20 prints
1 sepia (1 xerox if 814 x 13)
7. Property Owner's List: 3 copies
(gummed labels)
8. Precise Plan•
10 prints (date of application)
prints to be folded to maximum 814" x 13"
3 prints (folded) if not accompanying a multiple family zone change
1 sepia transparency (unfolded) - 10 days after preliminary meeting
9. Elevation Plans (typical structure):
6 prints (date of application)
prints to be folded to maximum UP x 13"
15 prints (folded) if not accompanying a multiple family zone change
32 prints (folded) if accompanying a multiple family zone change
1 sepia transparency (10 days after preliminary meeting) (unfolded)
10. Architectural Treatment:
1 colored perspective drawing (rendering) or colored elevations
Sample building materials board (10 days after preliminary meeting)
Resi c tiAi�Desi estionnaire:
� v
ultipl -faffifly only b copies
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EXPLANATION OF ITEMS 1 THROUGH 10
1. Applicant's Environmental Information Form
The Environmental Information form must be submitted with the filing of the
application, so that an environmental determination can be made. Should an
Environmental Impact Report be required, the application will not be accepted or
processed until one has been submitted.
2. Filing Fee
Resolution 79-7 of the City of Palm Desert Municipal Code requires a filing fee
dependent upon the type of development.
3. Application
The attached application must be completed as indicated on the form with
authorization of legal owner to process the Precise Plan. (Notarization)
4. Supporting Statements
This is to show justification for this application.
5. Legal Description
Application will not be considered complete until legal description is approved by
the Environmental Services Department. (The information from deed of record
will suffice)
6. 300-Foot Radius Map
The 300-foot radius map must be prepared to the attached specifications, and
folded to 814" x 13" maximum size.
7. Property Owner's List
The property owner's list must be typed in triplicate on gummed labels available in
the Department of Environmental Services. This list must have the names and
mailing addresses of all property owners within or partially within the 300-foot
radius map. It must be prepared from the latest equalized assessment rolls of the
Riverside County Assessor. All names must be numbered to correspond with the
numbers on the required radius map.
S. Precise Plan
Precise Plan drawings must be prepared to the following specifications and folded
to maximum 814" x 13" size.
I. Format
A. Title as follows: Name, address, and phone number of applicant.
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INSTRUCTIONS FOR FILING A PRECISE PLAN
1. Layout and dimensions of all parking stalls.
2. Dimensions of all access ways, turnaround areas, driveways,
alleys, and walks.
3. Off-street loading space and facilities.
4. Surface type.
5. Screening and landscaping (including curbs).
L. Proposed grading.
IV. Map Legend
A. Net acreage of parcel.
B. Gross floor area for all buildings.
C. Percentage of land covered by structures.
D. Number of permanent seats, square footage dwelling units (including
size of each unit) or whichever is applicable in the computation of
the parking requirements.
E:-- Proposed-off-street parking.- - -
F. Required off-street parking.
G. Percentage of landscaping for total site.
9. Elevation Plans (typical Structure)
Elevation plans of front, sides, and rear of the proposed developments shall be
submitted together with the application. Plans must be drawn to scale and should
be large enough to be used for display purposes. Prints to be folded to 814" x 13"
maximum size.
10. Architectural Treatment
One COLORED perspective drawing (rendering) or COLORED elevation of building
or typical structures shall be submitted with application, and be large enough for
display purposes.
Sample building materials mounted on a display board shall be submitted to
illustrate typical colors, textures and materials.
11. Rlesidenti 4 esi n�ueationnaire
The ttached que t� innaire s�all be ed out as it ertains to the case pry lan.
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INSTRUCTIONS FOR FILING A PRECISE PLAN
B. North arrow and scale (drawings shall be oriented to the north and
shall not be less than 1" = 30" in scale, unless approval has been
granted by the Environmental Services Department to reduce the
scale.
C. Legend for the plan shall include all the items in Section IV.
II. Parcel Specifications
A. Fully dimensioned subject parcel bounda{ies.
B. Abutting street information:
1) Name of street(s)
2) Existing and proposed street width(s) and centerlines
3) Parkway width(s)
4) Sidewalk dimensions
5) Access and driveway dimensions
6) Median strips and traffic islands
C. Name, location and width of closest intersecting street.
D. Existing contours and water courses, for subject property and
adjacent property.
E. Location and dimensions of all existing or proposed easements:
III. Proposed Development and Modification
A. All existing and proposed structures and physical features.
B. Exterior building dimensions.
C. Setbacks with dimensions.
D. Distances between buildings.
E. Height of structures.
F. Treatment of open spaces, including landscaped areas.
G. Walls and fences.
H. Trash areas.
1. Use of building.
J. Parkway trees.
K. Parking area
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PRECISE PLAN APPLICATION NO.
TO THE CITY OF PALM DESERT PLANNING COMMISSION:
APPLICANT'S NAME:
owner, purchaser, lessee, representative
APPLICANT'S ADDRESS:
APPLICANT'S PHONE:
PROJECT COORDINATOR: PHONE:
The applicant, for the property situated at
on property zoned as
being legally described on the attached form.
APPLICANT'S SIGNATURE:
NOTARIZATION OF OWNER'S PERMISSION
I (we) do hereby certify, under penalty of perjury, that I (we) are the owner(s) of the real
property legally described herein and hereby grant permission for which this application is
made.
Signature Date Please print name here)
Address City
STATE OF CALIFORNIA, County of
On , 199
before me, the undersigned a Notary Public in and for
the State of California with principal office in the
County of , personally appeared
known to me to be the person whose name
subscribed to
the within Instrument, and acknowledged to me that
executed the same.
WITNESS my hand and official seal.
Signature of Notary:
Notary Public in and for the State of California
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STATEMENTS SUPPORTING THE REQUESTED PRECISE PLAN
(15 Copies)
Please state why the proposed precise plan should be approved based upon public
necessity, general welfare, or good zoning practice.
_g_
EXACT LEGAL DESCRIPTION OF PROPERTY
(5 Copies)
Legal Description Approved by:
Date:
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CERTIFICATION OF PROPERTY OWNER'S LIST
(To be filled out by applicant)
CITY OF PALM DESERT
Department of Environmental Services
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Subject:
Gentlemen:
I, do hereby certify, under penalty of
perjury, that the attached list sets forth the names and addresses of the following persons
as they appear on the last equalized assessment roll of the Riverside County Assessor.
Sincerely,
Printed Name
Address
Phone Number
Dated in the City of , California.
Signature
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RESIDENTIAL DESIGN QUESTIONNAIRE
EXTERIOR FEATURES
1. Do you provide laundry facilities? — Yes — No
If Yes, specify the number of washers and dryers,
location and any special features
2. What types of covered parking do you provide? — Carports — Garages
Both. Describe any unusual features of the covered parking.
3. Do you provide locked storage facilities for the residents? Yes No
Specify location and amount
4. is storage provided for large appliances and other large Yes No
personal items? — —
Specify location and amount
5. is storage provided for boats and trailers owned by Yes No
the residents? — —
Specify location and amount
1
6. Do you provide for the screening of carport and/or
garage openings from the view of residents, freeways Yes No
and other streets? — —
Explain
7. Do you provide for the screening of open parking spaces
from the view of residents, freeway and other streets? — Yes — No
Explain
S. Do you provide private patios for every dwelling unit? — Yes — No
If Yes, specify the size, number and the method (s)
of assuring maximum privacy
If No, cite reasons for not providing same
9. What type of roofing material is used?
_ Tile Heavy rock Concrete Shingle — Composition
_ Wood shingle Wood shake — Other
Discuss roof treatment
10. Do you conceal all roof structures such as air-conditioning Yes No
units, heating units , etc. , from view? —
Explain how this is accomplished
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11. Do you provide a varied but coordinated treatment of
the building through the use of textures and materials? _ Yes _ No
Explain or refer to drawing of the elevation
12. Do you have more than one type of building elevation? _ Yes _ No
How do you avoid a mundane appearance when using the
same elevation repeatedly?
Refer to ,plan and/or explain briefly
13 . Are windows, patios, balconies and other openings orientated
toward freeways and heavily traveled streets located and
designed to reduce to a minimum the undesirable effects of Yes No
such thoroughfares? Specify the methods used. _ _
14. What is the locational relationship between the windows
of your dwelling units and the existing dwelling units
adjacent to your project? How do you insure privacy
for adjacent existing dwelling units and for those within
your project?
15_ Are you proposing the use of mature landscaping materials?_ Yes _ No
Explain or refer to landscape plan
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16 . will you be using a sprinkler system for your landscaped
areas? Yes No
Describe the waterimt system used
17. Do you provide for visual variety of open space through
the use of varied elevations, water areas, etc? _ Yes _ No
Explain and refer to plan
18. Do you provide recreation area (s) ? _ Yes No
Specify the number of such areas and the facilities
and equipment provided in each area
19. Do block walls surround the development and/or the
individual parcels? Specify the height and explain. — Yes _ No
If No, specify the type of fence material used
20. Do you provide for the screening of refuse storage
areas from view of the residents, streets, freeways,
adjacent properties?
ies? Explain Yes _ No
ad 'ac xP and ) p p
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INTERIOR FEATURES
1. What type of floor covering materials are proposed?
A. Kitchen: vinyl _ asphalt tile _ other
Explain
B. Bathroom: _ vinyl _ asphalt tile _ other
Explain
C. Balance of unit : asphalt tile wall to wall carpeting
hardwood _ other
Explain
2. How many bathrooms do you provide per unit?
One bedroom: _ 1 bath _ lh bath
Two bedroom: 1 bath lh bath 1 3/4 bath 2 baths
Explain and describe the facilities in the larger units
3. What type of materials do you use in the bathrooms?
4. What type of materials do you use in the kitchen?
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5. What type of major appliances do you provide in the units?
Dishwasher — Refrigerator _ Trash Compactor
Garbage Disposal _ Range & Oven — Other
Explain
6. Do you provide : insulation _ Yes _ No
soundproofing _ Yes _ No
Please specify the type and location —
7. What type of heating do you propose?
Forced Air panel _ other
Explain
B. Do you provide air conditioning for each unit? _ Yes No
Specify type: _ central _ wall unit _ In combination with heating
_ other
Explain
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9 . Iiow do you provide for the maximum pri.vocy of each unit in relation to
surrounding streets and developments and in relation to other units in
the project?
10. Explain any other .feature, equipment and/or facilities proposed in your
development that is not mentioned in the above questions
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� t
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: MAYOR AND CITY COUNCIL
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: ZOA 10-81 PRECISE PLAN
DATE: MAY 20, 1982
During the public hearing on ZOA 10-81 Precise Plan, some concern was raised
with the approval and rejection criteria set forth in Section 25.73.013.
Present approval criteria in the Sections 25.24.330, 25.30.280, and 25.36.300
states:
"The planning commission and/or city council may approve a
development plan only after finding that the requirements of this
title (each section is separate) and other ordinances affecting
the property have been satisfied. In granting such approval, the
city council may impose and enforce such specific conditions as
to site development, phasing and building construction,
maintenance and operation as it deems necessary to carry out
the purposes of this title and the general plan."
The concern was raised that Section 25.73.013 might unduly restrict decision
making capabilities, or the ability to impose conditions of approval. The criteria
established for are set forth to direct the decision makers on what criteria they should
base approvals and added conditions. That section of the code also states:
'The standard restrictions imposed in the various zones by this
chapter relating to the subjects mentioned in Section 27.73.011
are intended as minimum restrictions necessary in normal
circumstances to prevent substantial depreciation of property
values in the vicinity, unreasonable interference with the use and
enjoyment of property in the vicinity by the occupants thereof
for lawful purposes and the protection of the public peace,
health, safety and general welfare..:'
In rejecting a precise plan the decision making body must reject, modify or
condition the precise plan if it:
"would substantially depreciate property values in the vicinity or
would unreasonably interfere with the use or enjoyment of
property in the vicinity by the occupants thereof for lawful
purposes or would endanger the public peace, health, safety or
general welfare...:'
beyond that criteria paragraph C of section 25.73.013 allows the decision makers to:
"consider and take into account the exterior architectural
-1-
PRECISE PLAN
design, general exterior appearances, landscape, color, texture
of surface materials and exterior construction, shape and bulk
and other physical characteristics including location and type of
public utility facilities, and if it is found that the proposed
precise plan of design, including the considerations, herein
enumerated would interfere with the orderly development in the
vicinity of said precise plan area or with the existing or proposed
use thereof. Such precise plan of design shall be rejected or
shall be so modified or conditioned before approval as to remove
the said objections."
The criteria for approval or rejection are intended not only to protect the rights of
a property owner who wishes to develop his property; but more importantly the right of
adjoining property owners. While protecting those rights, the criteria will assure that the
decision making body reviews all proposals as being consistent with the city's long range
goals and objectives.
Both existing and proposed regulations preclude any decision making body from
arbitrarily approving or rejecting an application. The proposed ordinance clarifies and
codifies the intent and direction of existing legislation.
Attached is an application for precise plan approval which the department will
utilize. The application and required information are quite detailed and intended to
provide the council, commission, staff, and the public with the project information needed
to evaluate a given development.
-2-
CITY OF PALM DESERT
DEPARTMENT OF ENVIRONMENTAL SERVICES
INSTRUCTIONS FOR FILING A PRECISE PLAN
No application will be accepted without the completion of all of the following:
1. Applicant's Environmental Information Form: 5 copies
2. Filing Fee: Per City Council Resolution No. 79-7
A. Precise Plan
B. Environmental Impact Assessment
3. Application: 1 copy
4. Supporting Statements: 15 copies
5. Legal Description: 5 copies
6. 300-Foot Radius Map: 20 prints
1 sepia (1 xerox if 8S4 x 13)
7. Property Owner's List: 3 copies
(gummed labels)
S. Precise Plan:
10 prints (date of application)
prints to be folded to maximum 814" x 13"
3 prints (folded) if not accompanying a multiple family zone change
1 sepia transparency (unfolded) - 10 days after preliminary meeting
9. Elevation Plans (typical structure):
6 prints (date of application)
prints to be folded to maximum 8K" x 13"
15 prints (folded) if not accompanying a multiple family zone change
32 prints (folded) if accompanying a multiple family zone change
1 sepia transparency (10 days after preliminary meeting) (unfolded)
10. Architectural Treatment:
1 colored perspective drawing (rendering) or colored elevations
Sample building materials board (10 days after preliminary meeting)
EXPLANATION OF ITEMS 1 THROUGH 10
1. Applicant's Environmental Information Form
The Environmental Information form must be submitted with the filing of the
application, so that an environmental determination can be made. Should an
Environmental Impact Report be required, the application will not be accepted or
processed until one has been submitted.
2. Filing Fee
Resolution 79-7 of the City of Palm Desert Municipal Code requires a filing fee
dependent upon the type of development.
3. Application
The attached application must be completed as indicated on the form with
authorization of legal owner to process the Precise Plan. (Notarization)
4. Supporting Statements
This is to show justification for this application.
5. Legal Description
Application will not be considered complete until legal description is approved by
the Environmental Services Department. (The information from deed of record
will suffice)
6. 300-Foot Radius Map
The 300-foot radius map must be prepared to the attached specifications, and
folded to 814" x 13" maximum size.
7. Property Owner's List
The property owner's list must be typed in triplicate on gummed labels available in
the Department of Environmental Services. This list must have the names and
mailing addresses of all property owners within or partially within the 300-foot
radius map. It must be prepared from the latest equalized assessment rolls of the
Riverside County Assessor. All names must be numbered to correspond with the
numbers on the required radius map.
8. Precise Plan
Precise Plan drawings must be prepared to the following specifications and folded
to maximum 8Yz" x 13" size.
I. Format
A. Title as follows: Name, address, and phone number of applicant.
INSTRUCTIONS FOR FILING A PRECISE PLAN
1. Layout and dimensions of all parking stalls.
2. Dimensions of all access ways, turnaround areas, driveways,
alleys, and walks.
3. Off-street loading space and facilities.
4. Surface type.
5. Screening and landscaping (including curbs).
L. Proposed grading.
IV. Map Legend
A. Net acreage of parcel.
B. Gross floor area for all buildings.
C. Percentage of land covered by structures.
D. Number of permanent seats, square footage dwelling units (including
size of each unit) or whichever is applicable in the computation of
the parking requirements.
E. Proposed off-street parking.
F. Required off-street parking.
G. Percentage of landscaping for total site.
9. Elevation Plans (typical Structure)
Elevation plans of front, sides, and rear of the proposed developments shall be
submitted together with the application. Plans must be drawn to scale and should
be large enough to be used for display purposes. Prints to be folded to "" x 13"
maximum size.
10. Architectural Treatment
One COLORED perspective drawing (rendering) or COLORED elevation of building
or typical structures shall be submitted with application, and be large enough for
display purposes.
Sample building materials mounted on a display board shall be submitted to
illustrate typical colors, textures and materials.
INSTRUCTIONS FOR FILING A PRECISE PLAN
B. North arrow and scale (drawings shall be oriented to the north and
shall not be less than I" = 30" in scale, unless approval has been
granted by the Environmental Services Department to reduce the
scale.
C. Legend for the plan shall include all the items in Section IV.
II. Parcel Specifications
A. Fully dimensioned subject parcel boundaries.
B. Abutting street information:
1) Name of street(s)
2) Existing and proposed street width(s) and centerlines
3) Parkway width(s)
4) Sidewalk dimensions
5) Access and driveway dimensions
6) Median strips and traffic islands
C. Name, location and width of closest intersecting street.
D. Existing contours and water courses, for subject property and
adjacent property.
E. Location and dimensions of all existing or proposed easements.
111. Proposed Development and Modification
A. All existing and proposed structures and physical features.
B. Exterior building dimensions.
C. Setbacks with dimensions.
D. Distances between buildings.
E. Height of structures.
F. Treatment of open spaces, including landscaped areas.
G. Walls and fences.
H. Trash areas.
1. Use of building.
J. Parkway trees.
K. Parking area
PRECISE PLAN APPLICATION NO.
TO THE CITY OF PALM DESERT PLANNING COMMISSION:
APPLICANT'S NAME:
owner, purchaser, lessee, representative
APPLICANT'S ADDRESS:
APPLICANT'S PHONE:
PROJECT COORDINATOR: PHONE:
The applicant, for the property situated at
on property zoned as
being legally described on the attached form.
APPLICANT'S SIGNATURE:
NOTARIZATION OF OWNER'S PERMISSION
I (we) do hereby certify, under penalty of perjury, that I (we) are the owner(s) of the real
property legally described herein and hereby grant permission for which this application is
made.
Signature Date Please print name here
Address City
STATE OF CALIFORNIA, County of
On , 19 ,
before me, the undersigned a Notary Public in and for
the State of California with principal office in the
County of , personally appeared
known to me to be the person whose name
subscribed to
the within Instrument, and acknowledged to me that
executed the same.
WITNESS my hand and official seal.
Signature of Notary:
Notary Public in and for the State of California
STATEMENTS SUPPORTING THE REQUESTED PRECISE PLAN
(15 Copies)
Please state why the proposed precise plan should be approved based upon public
necessity, general welfare, or good zoning practice.
EXACT LEGAL DESCRIPTION OF PROPERTY
(5 Copies)
Legal Description Approved by:
Date:
CERTIFICATION OF PROPERTY OWNER'S LIST
(To be filled out by applicant)
CITY OF PALM DESERT
Department of Environmental Services
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Subject:
Gentlemen:
I, , do hereby certify, under penalty of
perjury, that the attached list sets forth the names and addresses of the following persons
as they appear on the last equalized assessment roll of the Riverside County Assessor.
Sincerely,
Printed Name
Address
Phone Number
Dated in the City of , California.
Signature
City of Palm Desert
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST:
Consideration of an amendment to the Zoning Ordinance establishing
a Precise Plan requirement.
III. APPLICANT:
CITY OF PALM DESERT
IV. CASE NO: ZOA 10-81
V. DATE: May 13, 1982
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 10-81.
E. Planning Commission Resolution No. 796.
F. Planning Commission Staff Report dated April 20, 1982.
G. Related maps and/or exhibits.
--------------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance , to second reading.
B. DISCUSSION:
The purpose of the proposed Precise Plan Ordinance is to implement a more
comprehensive development review procedure whereby the Planning Commission
will review plot plans while the Design Review Board reviews design and landscape
plans. This Ordinance will also fill some present holes in the Development Plan
procedure. Presently, developments in Planned Residential and Planned
Commercial zones are subject to the Development Plan procedures. The proposed
Precise Plan Ordinance will require that developments in any commercial zone and
any residential zone except for the R-1, RE and R-2 zones obtain Precise Plan
approval.
A public hearing was held by the Planning Commission September 16, 1981 and
again April 20, 1982 and no one spoke in favor or opposition to the proposed
Ordinance.
Planning Commission unanimously approved its Resolution No. 796, with
Commissioner Richards absent, recommending approval of the Precise Plan
Ordinance to the City Council.
/Ir
MINUTES
PALM DESERT PLANNING COMMISSION `
APRIL 20, 1982
under studio units, it should start with "one bedroom". Staff recommended approval of
proposed Exhibit, section A and B, of the amendment.
Chairman Kryder asked if this would impact any apartment units that might be
converted to condominiums in relation to minimum square feet. Mr. Diaz replied that it
may necessitate combining of two units into one unit.
Commissioner Crites asked what was staff's recommendation for section "C" of the
Exhibit, which states that noncondominium units may be decreased by Design Review
process or Planning Commission. Mr. Diaz explained that this was an option for the
Commission to take.
Commission agreed to retain Section "C" of the Exhibit.
Chairman Kryder opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this case. There being none, the public hearing was closed.
Moved by Commissioner Crites, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 794, as amended, recommending
approval of ZOA 01-82. Carried unanimously 4-0.
C. Case No. ZOA 03-82 - CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Zoning Ordinance
revising maximum noise levels in the C-1 zone.
Mr. Sawa reviewed the staff report and recommended approval of this amendment
to decrease the allowable noise level increase for a C-1 use from 65 dB(A) to 5 dB(A)
above ambient noise level.
In response to a question by Chairman Kryder, staff noted that a 65 dB(A) CNEL
noise level is an average noise level over 24 hours that generally could be compared with
heavy traffic noise on a commercial street such as Highway 111.
Chairman Kryder opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this case. There being none, the public hearing was closed.
Moved by Commissioner Miller, seconded by Commissioner Wood, to waive further
reading and adopt Planning Commission Resolution No. 795, recommending approval of
ZOA 03-82. Carried unanimously 4-0.
CD) Case No. ZOA 10-81, CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Zoning Ordinance
establishing a Precise Plan requirement.
Mr. Diaz reviewed the staff report and stated that this request is to establish a
precise plan for the R-3 and Commercial zones. Staff recommended approval.
Chairman Kryder opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this case. There being none, the public hearing was closed.
Moved by Commissioner Wood, seconded by Commissioner Miller, to waive further
reading and adopt Planning Commission Resolution No. 796, recommending ZOA 10-81.
Carried unanimously 4-0.
VIII. DESIGN REVIEW BOARD ITEMS:
Preliminary plan approvals by the Design Review Board at its meeting of April 13,
1982, requiring Planning Commission confirmation.
-3-
PLANNING COMMISSION RESOLUTION NO. 796
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AMENDMENTS TO THE MUNICIPAL CODE ADDING
CHAPTER 25.73, PRECISE PLAN; DELETING SECTIONS
25.24.070, 25.24.080, 25.24.100, 25.30.060, 25.30.070,
25.30.090, 25.36.060, 25.36.070, 25.36.090; REVISING
SECTIONS 25.24.060, 25.30.050, AND 25.36.060 AND
CHAPTER 26.36.
CASE NO. ZOA 10-81
�s
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of September, 1981, hold a duly noticed public hearing to consider an
amendment to the Municipal Code establishing a precise plan procedure;
WHEREAS, said hearing was continued indefinitely to permit staff to revise other
affected sections of the Municipal Code;
WHEREAS, the Planning Commission did on the 20th day of April, 1982, hold a duly
noticed public hearing to consider an amendment to the Municipal Code establishing a
precise plan procedure and revising related codes;
WHEREAS, said amendment constitutes a minor revision to land use regulations
and as such is a Class 5, Categorical Exemption for the purposes of CEQA;
WHEREAS, at said public hearing upon receiving and considering the testimony of
all interested persons desiring to be heard, said Planning Commission did find the
following facts to justify their recommendations 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 Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety, and general welfare than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert as follows:
1. That the above recitations are true and correct and constitute
the findings of the Commission in this case;
2. That the Planning Commission does hereby recommend to the City
Council approval of a Zoning Ordinance Text Amendment as provided
in the attached Exhibit "A" to amend the Municipal Code, Chapter
25, by adding a Precise Plan procedure and revising portions of
the Municipal Code as set forth therein.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 1982, by the following vote, to wit:
AYES: CRITES, MILLER, WOOD, KRYDER
NOES: NONE
ABSENT: RICHARDS
yABSTAIN: NONE
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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i
PLANNING COMMISSION RESOLUTION NO. 796
EXHIBIT "A"
I. Add Chapter 25.73 - Precise Plan.
25.73.010 When Required.
A. No person shall commence any use for which a_conditional use permit is
required or any use not permitted in either the R-1, RE or R-2 zone, and no building
permit shall be issued for any structure to be used for or in conjunction with any such use,
until a precise plan of design covering the parcel or parcels to be so used shall be
approved and adopted as herein provided. The precise plan of design may be filed and
approved as a part of the conditional use permit procedure.
B. Notwithstanding any provision of the Uniform Building Code, no grading
permit shall be issued for the grading or excavation of any land, until a precise plan of
design, tentative tract map, or tentative parcel map covering the property proposed to be
graded or excavated has been approved and adopted as herein provided.
This paragraph (B) shall not apply to the grading or excavation required in
connection with (1) the construction of a swimming pool on property in the Residential
zone or (2) the movement of less than 50 cubic yards of earth or (3) the grading of any
parcel of property outside of the Hillside Overlay Zone so as to improve the land for
emergency drainage purposes.
25.73.011 Contents of. Such precise plan of design shall specify and include:
A. The location, size, height, and type of all structures including signs, walls
and fences.
B. The location, size and dimensions of all yards and setbacks and all spaces
between structures.
C. The plan of the proposed parking area for the development to which the
parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to
clearly indicate the proposed development including location, size, shape, design, curb
cuts, lighting drainage, paving, parking stalls, landscaping, and other features and
appurtenances of the proposed parking lot.
D. The location, dimensions and method of improvement of all property to be
dedicated to the public or to public utilities...
E. Examples of proposed architectural treatment in the form of perspectives
and elevations and such other data as may be required by the Planning Commission,
Design Review Board or Environmental Services Director in evaluating the proposed
development shall be required and become an integral part of such a submittal.
F. In all zones other than single family residential or for any use specifically
permitted in said zones, or for any use for which a conditional use permit is required--the
general location, area, and type of landscaping.
G. General nature of the proposed use.
25.73.012 Approval or Rejection of Precise Plan. Any such precise plan of design
may be rejected, approved, modified and approved, or approved subject to conditions.
Any such precise plan of design after approval, may be amended, in the same manner as a
precise plan of design is first approved hereunder.
25.73.013 Approval or Rejection Considerations.
A. In the approval or rejection of a precise plan of design, consideration shall
be given and restrictions shall be imposed to the extent necessary, in view of the size and
shape of the parcel and the present and proposed zoning and use of the subject property
and the surrounding property, to permit the same degree of enjoyment of the subject
property, but subject to the same degree of protection of adjoining properties, as would be
accorded in normal circumstances by the standard restrictions imposed by this Chapter.
The standard restrictions imposed in the various zones by this Chapter relating to the
subjects mentioned in Section 27.73.011 are intended as minimum restrictions necessary in
normal circumstances to prevent substantial depreciation of property values in the
vicinity, unreasonable interference with the use and enjoyment of property in the vicinity
by the occupants thereof for lawful purposes and the protection of the public peace,
health, safety and general welfare. "Normal circumstances" are intended to refer to the
case of a permitted case upon a lot of a normal size and shape surrounded by property in
the same zone as the lot in question.
B. If the proposed precise plan of design would substantially depreciate
property values in the vicinity or would unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes or would endanger
-1-
i
PLANNING COMMISSION RESOLUTION NO. 796
the public peace, health, safety or general welfare, such plan shall be rejected or shall be
so modified or conditioned before adoption as to remove said objections.
C. In addition to the foregoing grounds of rejection, the Planning Commission
and City Council, as the case may be, may also consider and take into account the
exterior architectural design, general exterior appearances, landscape, color, texture of
surface materials and exterior construction, shape and bulk and other physical
characteristics including location and type of public utility facilities, and if it is found
that the proposed precise plan of design, including the considerations herein enumerated
would interfere with the orderly development in the vicinity of said precise plan area, or
with the existing or proposed use thereof, such precise plan of design shall be rejected or
shall be so modified or conditioned before approval as to remove the said objections.
25.73.014 Approval subject to condition. A precise plan of design may be approved
subject to the granting of a change of zone, a conditional use permit, a variance or the
approval of a final subdivision map, and the Planning Commission or City Council may
require such a precise plan of design to be submitted prior to the granting or
recommending of a zone change, variance or conditional use permit.
25.73.015 Compliance required. No person shall violate or fail to comply with any
approved precise plan of design or any conditions or provisions thereof nor shall a building
permit be issued for any structure which would violate or fail to comply with any
approved precise plan of design for the parcel or parcels on which such structure is to be
located. In the event any such permit is issued, it shall be null and void and have no
further effect.
25.73.016 Continuance of existing plans. Any precise plan previously approved and
in effect, shall remain in effect regardless of any changes to zoning regulations
subsequently adopted unless the precise plans are made null and void or amended at the
time of adoption.
25.73.017 Distinction from other precise plans. The precise plans of design
referred to herein are not to be confused with or considered to be precise plans as
referred to in the Government Code of the State.
25.73.018 Street frontage requirements. No building or other structure to be used
for any business or commercial purpose shall hereafter be erected unless the frontage of
the lot, or parcel of land upon which such building or structure is erected, abuts on one
side of a public street between two intersecting streets and unless the front of such
building or structure shall abut on and face such public street, provided, however, that
when practical difficulties or unnecessary hardships result through the strict and literal
interpretation and enforcement of the provisions hereof, the Planning Commission or City
Council may, upon the adoption of a precise plan of design for the development of a
particular lot or parcel of land and upon such conditions as it may establish, expressly
vary or waive the requirements of this section.
25.73.019 Failure to utilize a precise plan.
A. Failure to utilize a precise plan within one (1) year of its effecive date
(unless extended by action of the Planning Commission) will automatically void such
precise plan. In the event construction work is involved, such work must actually
commence within the stated period and be diligently pursued. If the City should find that
there has been no construction of substantial character taken or if such construction
should lapse for more than six (6) months, the precise plan shall be void.
B. Extension of time up to a maximum one (1) year may be granted from the
date of expiration of the precise plan by the Planning Commission when extenuating
circumstances can be clearly shown by the applicant. The request for same shall be
submitted to the Planning Commission in writing prior to the expiration date and shall
clearly state the reasons why construction has not commenced.
C. The Commission may grant additional time extensions up to a maximum of
one year providing that there has not been adopted any changes to zoning regulations that
would impact said precise plan.
25.73.020 Amendment to a precise plan.
A. The Planning Commission may grant an amendment to the approved precise
plan only after all procedures as set forth for the original application are met except that
the request for such amendment may be in letter form in lieu of being placed on the
official form of application for a precise plan of design.
-2-
I
PLANNING COMMISSION RESOLUTION NO. 796
B. The Environmental Services Director may approve in writing on the
approved precise plan minor modifications without the benefit of public hearing when such
modifications do not adversely affect the public interest or the interest of owners of
neighboring properties or substantially alter the plan, and so long as said modification
would not affect any other condition of approval.
II. Revise the following sections of the Zoning Ordinance
25.24.060 Rezoning and deve€epmeRt Precise Plan requirements. The Planning
Commission may initiate at its descretion the rezoning eF of properties, according to the
provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed along; an approved deveiepmeAt precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a pFepeFty ewReF any person or agency other than the City
must be accompanied by a development precise plan as set forth in Chapter 25.73. €xeept
as spee4ied #R thts seetieRT the €eilew+Rg ma4e4a€s set eut fR seetieR 23.24.979 and
23.24.989 sba44 be subm4ted w}th a€1 agpieatiens.
DELETE Sections 25.24.070 Development Plan, 25.24.080 Amendments to
Development Plan, and 25.24.100 Development plan processing as separate matter.
All references to development plan in Chapter 25.24 shall be changed to precise
plan.
25.30.050 Rezoning and development precise plan requirements. The Planning
Commission may initiate at its descretion the rezoning of properties, according to the
provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
# petition may be processed alone; an approved deve€eprtreRt precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a pFepeFty ewReF any person or agency, other than the city,
must be accompanied by a devedepmem p1aR precise plan as part of the change of zone
application. pxeept as spee44ed in thus seetieRT the €e4ew4Rg reaur4a€s sha4€ be subr+Ritted
with a44 agpheatieRs as set out eR Seetiens 23.39.969 and 23.394M
DELETE Sections 25.30.060 Development Plan, 25.30.070 Amendments to
development plan and 25.30.090 development plan processing as separate matter.
All references to development plan in Chapter 25.30 shall be amended to read
precise plan.
Section 25.36.050 Rezoning and deveiepmeRt precise plan requirements. The
Planning Commission may initiate at its descretion the rezoning of properties, according
to the provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed alone; an approved devedeprneRt precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a pFepeFty ewReF any person or agency, other than the city,
must be accompanied by a develepment p1aR precise plan as part of the change of zone
application. €xeept as speegied fR tk" seetieRT the €e4ew4Rg mate4a4s sba44 be subrni4ted
wttk a44 appieatieRs as set out eR SeetieRs 23.39.969 and 23.39.979.
DELETE Sections 25.36.060 Development Plan, 25.36.070 Amendments of
development plan, and Section 25.36.090 Development plan processing as separate
matter.
All references to development plan in Chapter 25.36 shall be revised to precise
plan.
/lr
-3-
t
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
REPORT ON:
Ordinance Amendment establishing Precise Plans
APPLICANT: City of Palm Desert
CASE: ZOA 10-81
DATE: April 20, 1982
I. REQUEST:
Amendment to the Zoning Ordinance establishing a Precise Plan requirement.
II. DISCUSSION:
On July 10, 1981, the Planning Commission received a copy of a proposed Precise
Plan Ordinance. The purpose of the Ordinance was to implement a development
review procedure whereby the Planning Commission approves plot plans while the
Design Review Board approves building design and landscape plans.
A public hearing was held on September 16, 1981, and was continued indefinitely
because the proposal would impact other sections of the Ordinance.
The sections of the Ordinance that would need revision are in the Planned
Commercial, Industrial and Residential zones.
in. PROPOSED AMENDMENT:
See attached Exhibit "A".
IV. STAFF RECOMMENDATION:
Staff would recommend to the Commission that it adopt Planning Commission
Resolution No. , relating to Precise Plans.
"A Resolution of the Planning Commission of the City of Palm
Desert, California, recommending approval to the City Council
of an amendment to the Zoning Ordinance text establishing
Precise Plan requirements."
/Ir
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AMENDMENTS TO THE MUNICIPAL CODE ADDING
CHAPTER 25.73, PRECISE PLAN; DELETING SECTIONS
25.24.070, 25.24.080, 25.24.100, 25.30.060, 25.30.070,
25.30.090, 25.36.060, 25.36.070, 25.36.090; REVISING
SECTIONS 25.24.060, 25.30.050, AND 25.36.060 AND
CHAPTER 26.36.
CASE NO. ZOA 10-81
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of September, 1981, hold a duly noticed public hearing to consider an
amendment to the Municipal Code establishing a precise plan procedure;
WHEREAS, said hearing was continued indefinitely to permit staff to revise other
affected sections of the Municipal Code;
WHEREAS, the Planning Commission did on the 20th day of April, 1982, hold a duly
noticed public hearing to consider an amendment to the Municipal Code establishing a
precise plan procedure and revising related codes;
WHEREAS, said amendment constitutes a minor revision to land use regulations
and as such is a Class 5, Categorical Exemption for the purposes of CEQA;
WHEREAS, at said public hearing upon receiving and considering the testimony of
all interested persons desiring to be heard, said Planning Commission did find the
following facts to justify their recommendations 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 Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety, and general welfare than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert as follows:
1. That the above recitations are true and correct and constitute
the findings of the Commission in this case;
2. That the Planning Commission does hereby recommend to the City
Council approval of a Zoning Ordinance Text Amendment as provided
in the attached Exhibit "A" to amend the Municipal Code, Chapter
25, by adding a Precise Plan procedure and revising portions of
the Municipal Code as set forth therein.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of April, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
1. Add Chapter 25.73 - Precise Plan.
25.73.010 When Required.
A. No person shall commence any use for which a conditional use permit is
required or any use not permitted in either the R-1, RE or R-2 zone, and no building
permit shall be issued for any structure to be used for or in conjunction with any such use,
until a precise plan of design covering the parcel or parcels to be so used shall be
approved and adopted as herein provided. The precise plan of design may be filed and
approved as a part of the conditional use permit procedure.
B. Notwithstanding any provision of the Uniform Building Code, no grading
permit shall be issued for the grading or excavation of any land, until a precise plan of
design, tentative tract map, or tentative parcel map covering the property proposed to be
graded or excavated has been approved and adopted as herein provided.
This paragraph (B) shall not apply to the grading or excavation required in
connection with (1) the construction of a swimming pool on property in the Residential
zone or (2) the movement of less than 50 cubic yards of earth or (3) the grading of any
parcel of property outside of the Hillside Overlay Zone so as to improve the land for
emergency drainage purposes.
25.73.011 Contents of. Such precise plan of design shall specify and include:
A. The location, size, height, and type of all structures including signs, walls
and fences.
B. The location, size and dimensions of all yards and setbacks and all spaces
between structures.
C. The plan of the proposed parking area for the development to which the
parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to
clearly indicate the proposed development including location, size, shape, design, curb
cuts, lighting drainage, paving, parking stalls, landscaping, and other features and
appurtenances of the proposed parking lot.
D. The location, dimensions and method of improvement of all property to be
dedicated to the public or to public utilities.
E. Examples of proposed architectural treatment in the form of perspectives
and elevations and such other data as may be required by the Planning Commission,
Design Review Board or Environmental Services Director in evaluating the proposed
development shall be required and become an integral part of such a submittal.
F. In all zones other than single family residential or for any use specifically
permitted in said zones, or for any use for which a conditional use permit is required--the
general location, area, and type of landscaping.
G. General nature of the proposed use.
25.73.012 Approval or Rejection of Precise Plan. Any such precise plan of design
may be rejected, approved, modified and approved, or approved subject to conditions.
Any such precise plan of design after approval, may be amended, in the same manner as a
precise plan of design is first approved hereunder.
25.73.013 Approval or Rejection Considerations.
A. In the approval or rejection of a precise plan of design, consideration shall
be given and restrictions shall be imposed to the extent necessary, in view of the size and
shape of the parcel and the present and proposed zoning and use of the subject property
and the surrounding property, to permit the same degree of enjoyment of the subject
property, but subject to the same degree of protection of adjoining properties, as would be
accorded in normal circumstances by the standard restrictions imposed by this Chapter.
The standard restrictions imposed in the various zones by this Chapter relating to the
subjects mentioned in Section 27.73.011 are intended as minimum restrictions necessary in
normal circumstances to prevent substantial depreciation of property values in the
vicinity, unreasonable interference with the use and enjoyment of property in the vicinity
by the occupants thereof for lawful purposes and the protection of the public peace,
health, safety and general welfare. "Normal circumstances" are intended to refer to the
case of a permitted case upon a lot of a normal size and shape surrounded by property in
the same zone as the lot in question.
B. If the proposed precise plan of design would substantially depreciate
property values in the vicinity or would unreasonably interfere with the use or enjoyment
of property in the vicinity by the occupants thereof for lawful purposes or would endanger
-1-
s
PLANNING COMMISSION RESOLUTION NO.
the public peace, health, safety or general welfare, such plan shall be rejected or shall be
so modified or conditioned before adoption as to remove said objections.
C. In addition to the foregoing grounds of rejection, the Planning Commission
and City Council, as the case may be, may also consider and take into account the
exterior architectural design, general exterior appearances, landscape, color, texture of
surface materials and exterior construction, shape and bulk and other physical
characteristics including location and type of public utility facilities, and if it is found
that the proposed precise plan of design, including the considerations herein enumerated
would interfere with the orderly development in the vicinity of said precise plan area, or
with the existing or proposed use thereof, such precise plan of design shall be rejected or
shall be so modified or conditioned before approval as to remove the said objections.
25.73.014 Approval subject to condition. A precise plan of design may be approved
subject to the granting of a change of zone, a conditional use permit, a variance or the
approval of a final subdivision map, and the Planning Commission or City Council may
require such a precise plan of design to be submitted prior to the granting or
recommending of a zone change, variance or conditional use permit.
25.73.015 Compliance required. No person shall violate or fail to comply with any
approved precise plan of design or any conditions or provisions thereof nor shall a building
permit be issued for any structure which would violate or fail to comply with any
approved precise plan of design for the parcel or parcels on which such structure is to be
located. In the event any such permit is issued, it shall be null and void and have no
further effect.
25.73.016 Continuance of existing plans. Any precise plan previously approved and
in effect, shall remain in effect regardless of any changes to zoning regulations
subsequently adopted unless the precise plans are made null and void or amended at the
time of adoption.
25.73.017 Distinction from other precise plans. The precise plans of design
referred to herein are not to be confused with or considered to be precise plans as
referred to in the Government Code of the State.
25.73.018 Street frontage requirements. No building or other structure to be used
for any business or commercial purpose shall hereafter be erected unless the frontage of
the lot, or parcel of land upon which such building or structure is erected, abuts on one
side of a public street between two intersecting streets and unless the front of such
building or structure shall abut on and face such public street, provided, however, that
when practical difficulties or unnecessary hardships result through the strict and literal
interpretation and enforcement of the provisions hereof, the Planning Commission or City
Council may, upon the adoption of a precise plan of design for the development of a
particular lot or parcel of land and upon such conditions as it may establish, expressly
vary or waive the requirements of this section.
25.73.019 Failure to utilize a precise plan.
A. Failure to utilize a precise plan within one (1) year of its effecive date
(unless extended by action of the Planning Commission) will automatically void such
precise plan. In the event construction work is involved, such work must actually
commence within the stated period and be diligently pursued. If the City should find that
there has been no construction of substantial character taken or if such construction
should lapse for more than six (6) months, the precise plan shall be void.
B. Extension of time up to a maximum one (1) year may be granted from the
date of expiration of the precise plan by the Planning Commission when extenuating
circumstances can be clearly shown by the applicant. The request for same shall be
submitted to the Planning Commission in writing prior to the expiration date and shall
clearly state the reasons why construction has not commenced.
C. The Commission may grant additional time extensions up to a maximum of
one year providing that there has not been adopted any changes to zoning regulations that
would impact said precise plan.
25.73.020 Amendment to a precise plan.
A. The Planning Commission may grant an amendment to the approved precise
plan only after all procedures as set forth for the original application are met except that
the request for such amendment may be in letter form in lieu of being placed on the
official form of application for a precise plan of design.
-2-
PLANNING COMMISSION RESOLUTION NO.
B. The Environmental Services Director may approve in writing on the
approved precise plan minor modifications without the benefit of public hearing when such
modifications do not adversely affect the public interest or the interest of owners of
neighboring properties or substantially alter the plan, and so long as said modification
would not affect any other condition of approval.
II. Revise the followingsections of the Zoning Ordinance
g
25.24.060 Rezoning and develeprneRt Precise Plan requirements. The Planning
Commission may initiate at its descretion the rezoning eF of properties, according to the
provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed along; an approved develeprneRt precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a pFepeFty ewReF any person or agency other than the City
must be accompanied by a develepffleRt precise plan as set forth in Chapter 25.73. Pxeept
as spee4ied is this seetieRT the €ellewiRg mateFials set eut iR Se6tieR 25.24.079 and
25,24.999 shail be submitted with all app eatieRs.
DELETE Sections 25.24.070 Development Plan, 25.24.080 Amendments to
Development Plan, and 25.24.100 Development plan processing as separate matter.
All references to development plan in Chapter 25.24 shall be changed to precise
plan.
25.30.050 Rezoning and development precise plan requirements. The Planning
Commission may initiate at its descretion the rezoning of properties, according to the
provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed alone; an approved develepr-neRt precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a preperty ewaeF any person or agency, other than the city,
must be accompanied by a developmem plan precise plan as part of the change of zone
application. €xeept as speeAied iR this seetieRT the €ellewiRg mateFials shall be sdbMitted
with all applieatiens as set eut eR SeetieRs 25.39.969 and 25,39,979.
DELETE Sections 25.30.060 Development Plan, 25.30.070 Amendments to
development plan and 25.30.090 development plan processing as separate matter.
All references to development plan in Chapter 25.30 shall be amended to read
precise plan.
Section 25.36.050 Rezoning and develeprneRt precise plan requirements. The
Planning Commission may initiate at its descretion the rezoning of properties, according
to the provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone
petition may be processed alone; an approved development precise plan as set forth in
Chapter 25.73 shall be required prior to any development.
Rezoning initiated by a pFepeFty ewReF any person or agency, other than the city,
must be accompanied by a develeprtreRt plan precise plan as part of the change of zone
application. p,xeept as spee4ied iR this seetieny the €ellewiRg rnateFials shall be submitted
with all applteatieRs as set eet eR SeetieRs 25J9.969 and 25.30,970,
DELETE Sections 25.36.060 Development Plan, 25.36.070 Amendments of
development plan, and Section 25.36.090 Development plan processing as separate
matter.
All references to development plan in Chapter 25.36 shall be revised to precise
plan.
Ar
-3-
PROOF OF PUBLICATION
( 2010, 2015. 5 CCP)
PROOF OF PUBLICATION OF
LEGAL NOTICE
ZOA 10-81
I am a citizen of the United
States and a resident of the
County aforesaid, I am over the
age of eighteen years , and not
a party to or interested in the
above entitled matter . I din the
principal clerk of the printer Cl arpALM=oEv T
of THE DESERT POST, LEGAL NOTICE +
CASE NO.ZOA 1"ll
a newspaper Of general clrcula— NOTICE IS.HEREBY GIV-
EN that a Public Hearing will
tion, printed and published weekly be held before,the'P,alm De-
Bert Planning commission to
in the cit of Riverside, County consider ano tto the
y Palm Desert"ton n. .Ordi-
of Riverside, and which newspaper nonce creatings�ection' 27.73
establishing Preicise Plan.re-
has been adjudged a newspaper of wi�nyvondruction:= es for
general circulation. by the of relateedd aaiddn llcaabel and revi-
sion
Superior Court of the County of Hors of the Zahn Ordinence,
a cias 5, categorical ExemP-
Riverside, State of California, Lion for ppromppoosseess oYCEOA.
under date of October 51 1964, SAID Pubilc0 198p willbe
held an April 2a, 1982 at 2: e
Case number 83658; that the i th IPal Deserl 'Clambers
Fin the Palm.Desert•eitY Hall,
A15-275 Prickly Poor Lane
notice, of which the annexed is FPolm Desert, California, al
a printed copy, has been estedPrsonsach time and ploceallimer
-
published b l i s h e d end and be n arrdnyired roar
in each regular and entire issue RAMON A. DIAZ
Secretary
of said newspaper and not in any Palm Dean Planning
commission
supplement thereof on the following PDPJ/8
dates, to-wit :
04/8 ,1982
I Certify (or declare) under
Penalty of perjury that the
foregoing is true and correct.
Dated April 81 1982
at Riiverrside, California
/
CITY OF P/AL� DESERT (/
,I
April 22, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 10-81
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider an amendment to the Palm Desert Zoning Ordinance creating
Section 27.73 establishing Precise Plan requirements and procedures for all construction
other than single family dwellings and revision of related applicable Sections of the
Zoning Ordinance, a Class 5, Categorical Exemption for purposes of CEQA.
SAID Public Hearing will be held on May 13, 1982, at 7:00 p.m., in the Council Chambers
in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which
time and place all interested persons are invited to attend and be heard.
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
PUBLISH: Palm Desert Post
April 29, 1982
/pa
March 23, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 10-81
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the Palm Desert Zoning Ordinance
creating Section 27.73 establishing Precise Plan requirements and procedures for all
construction other than single family dwellings and revision of related applicable Sections
of the Zoning Ordinance, a Class 5, Categorical Exemption for purposes of CEQA.
SAID Public Hearing will be held on April 20, 1982, at 2:00 p.m., in the Council Chambers
in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which
time and place all interested persons are invited to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
April 8, 1982
/pa
MINUTES
PLANNING COMMISSION
SEPTEMBER 16 , 1981
Motion was made by Commissioner Richards, seconded by Commissioner
Wood , to adopt Planning Commission Resolution No. 742 , approving the
Conditional Use Permit , as amended . Carried 5-0 .
B. Case No. PM16258 - WARMINGTON - KARMA GROUP and WAGNER-STANFORD
CONSULTANTS , Applicants
Request for approval of an 18 month time extension
of an approved 4 lot tentative parcel map for fin-
ancing purposes of a hotel development on 29 .29
acres within the PC ( 4) , S.P . (Planned Commercial
Resort, Scenic Preservation Overlay) zone located
at the southwest corner of Highway 111 and 44th
Avenue.
Mr. Sawa reviewed the staff report and recommended approval .
Chairman Miller opened the public hearing for applicant testimony.
MR. BRUCE STANFORD, Representative, 74075 El Paseo, was present for any
questions the Commission might have and requested approval .
Chairman Miller then asked for public testimony. There being none, the
public hearing was closed .
Motion was made by Commissioner Berkey , seconded by Commissioner
Kryder, to adopt Planning Commission Resolution No. 743 , approving an 18
month time extension . Carried 5-0 . .
C. Case No. ZOA 10-81 - PRECISE PLAN ORDINANCE FOR CITY OF PALM
DESERT , Applicant
Consideration of an amendment to the Palm Desert
Zoning Ordinance creating Section 27 .73 establish-
ing Precise Plan requirements and procedures for
all construction other than single family dwellings.
Mr. Diaz presented the staff report stating that because this ordinance
would impact other sections of the Zoning Ordinance , and the Zoning
Ordinance was to be revised, staff would recommend that testimony be taken
and the matter then continued indefinitely .
Commissioner Berkey suggested that the Planning Commission's review .
of Design Review Board's actions be retained in some manner in any proposed
revisions .
Mr. Diaz indicated some type of information procedure could be
retained in any ordinance revisions.
Chairman Miller opened the public hearing, and there being no testimony
the hearing was closed .
Motion was made by Commissioner Wood, seconded by Commissioner Kryder,
to continue this matter indefinitely and instructed staff to implement the
proposed regulations in the Zoning Ordinance. Carried 5-0 .
D . Case No . ZOA 11-81 - OFFICE PROFESSIONAL ZONE ORDINANCE FOR
CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Palm Desert
Zoning Ordinance creating Section 25 .25 establishing
an Office Professional District.
Mr. Diaz reviewed the proposed amendment and recommended approval .
3
I,
• t
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: ZOA 10-81 PRECISE PLAN (CITY INITIATED) DATE: SEPTEMBER 16, 1981
On July 10, 1981, the Commission received a proposed Precise Plan Ordinance. The
purpose of this Ordinance was to implement a development review procedure whereby
the Commission approves plot plans while the Design Review Board approves building
design and landscape plans.
Since this proposed Ordinance was advertised for hearing staff has discovered that
it will impact other portions of the Zoning Ordinance. Staff would therefore rec-
ommend that the Commission conduct the advertised hearing, make its comments to
staff, then continue the matter indefinitely. Staff will then begin to implement a
program to review and update the entire Ordinance, which was recommended by the
Commission during the General Plan hearings.
The reasons the Ordinance rewrite has not been undertaken was the urgency in establish-
ing the Office Professional Zone and Planned Community Development Zone and review of
the Sign Ordinance.
The proposed Precise Plan process would place all commercial and multiple residential
properties on equal footing, and replace the development plan provisions of the exist-
ing code. The Ordinance incorporates the Development Plan requirements and establishes
general approval or rejection criteria, as well as permitting the Director of Environ-
mental Services to grant minor modifications to an approved Precise Plan.
A major provision of the proposed Ordinance is the prohibition of grading in commer-
cial and multiple residential zones without an approved precise plan. This provision
is recommended in order to assure the City the greatest latitude in evaluating pro-
posed developments.
RECOMMENDATION:
Because of its impacts on other portions of the code, and the desire of the Commission
and staff to reorganize the entire Zoning Ordinance, staff recommends that the
Commission continue this matter indefinitely and instruct staff to implement the pro-
posed r ations in the new Zoning Ordinance.
amo A. DIAZ
/1
• - 'r I
n
25.73 PRECISE PLAN
25.73:010 WHEN REQUIRED.
a) No person shall commence any use for which a.
conditional use permit is required or any use
not permitted in either the R-1 or R-2 zone,
and no building permit shall be issued for any
structure to be used for or in conjunction with
any such use, until a precise plan of design
covering the parcel or parcels to be so used
shall be approved and adopted as herein provided.
The precise plan of design may be filed and
approved as a part of the Conditional Use Permit
procedure. --
b) Notwithstanding any provision of the Uniform
Building Code, no grading permit shall /be issued
for the grading or excavation of any land, until
a precise plan of design, tentative tract map,
or tentative parcel map covering the property
proposed to be graded or excavated has been
approved and adopted as herein provided
This paragraph (b) shall not apply to the grading
or excavation required in connection with (1) the
... _construction -of a swimming pool on -property in - --- - -
- - the Residential zone or (2) the movement of .less • . - ____than 50 cubic yards of earth or (3) the grading
of any parcel of property outside of the Hillside
Overlay Zone so as to improve the land for emer-
gency drainage purposes.
25.73.011 CONTENTS OF.
Such precise plan of design shall specify and include:
a) The location, size, height, and type of all
structures including signs , walls and fences.
b) The location, size and dimensions of all yards
and setbacks and all spaces between structures .
c) The plan of the proposed parking area for the
development to which the parking is accessory.
The plan shall be drawn to an engineering scale
of sufficient size to clearly indicate the pro-
posed development including location, size,
shape, design, curb cuts, lighting, drainage,
paving, parking stalls , landscaping, and other
features and appurtenances of the proposed park-
ing lot.
d The location dimensions_. ) , and method of improvement
of all property to be dedicated to the public or
to public utilities .
e) Examples of proposed architectural treatment in
the form of perspectives and elevations and such
other data as may be required by the Planning
Commission or Environmental Services Director in evaluating
the proposed development shall be required and
become an integral part of such a submittal.
f) In all zones-other than Single Family Residential- or for any
use specifically permitted in said zones, or for any use for
which a conditional use permit is required: the general
location, area, and type of-landscaping.
g) General nature of the proposed use.
25.73.012 APPROVAL OR REJECTION OF PRECISE PLAN.
Any such precise plan of design may be rejected,
approved, modified and approved, or approved subject to conditions .
Any such precise plan of design after approval, may be amended,
in the same manner as a precise plan of design is first approved
hereunder.
- -
25. 73.613 APPROVAL OR REJECTION CONSIDERATIONS . ———
a) In the approval or rejection of a precise plan of
design, consideration shall be given and restrictions
shall be imposed to the extent necessary, in view of
the size and shape of the parcel and the present and
proposed zoning and use of the subject property and
the surrounding property, to permit the same degree of
enjoyment of the subject property, but subject to the
same degree of protection of adjoining properties ,
as would be accorded in normal circumstances by the
standard restrictions imposed by this Chapter. The
standard restrictions imposed in the various zones
by this Chapter relating to the subjects mentioned
in section � 1, 73,00 are intended as minimum restric-
tions necessary in normal circumstances to prevent
substantial depreciation of property values in the
vicinity, unreasonable interference with the use
and enjoyment of property in the vicinity by the
occupants thereof for lawful purposes and the pro-
tection of the public peace, health, safety and
general welfare. "Normal circumstances" are in-
tended to refer to the case of a permitted use
25- 72.016 CONTINUANCE OF EXISTING PLANS .
Any precise plan previously approved and in effect,
shall remain in effect regardless of any changes to zoning regula-
tions subsequently adopted unless the precise plans are made null
and void or amended at the time of adoption.
25. 73_017 DISTINCTION FROM OTHER PRECISE PLANS .
The precise plans of design referred to herein are not
.to be confused with or considered to be precise plans as referred
to in the Government Code of the State.
25.73.018 STREET FRONTAGE REQUIREMENTS .
No building or other structure to be used for any busi-
ness or commercial purpose shall hereafter be erected unless the
frontage of the lot, or parcel of land upon which such` building
or structure is erected, abuts on one side of a public street
between two intersecting streets and unless the front of such build-
ing or structure shall abut on and face such public street, provided;
however, that when practical difficulties or unnecessary hardships
result through the strict and literal interpretation and enforce-
ment of the provisions hereof, the Planning Commission or City
Council may, upon the adoption of a precise plan of design for the
development of a particular lot or parcel of land and upon such
----- conditions 'as it may establish, expressly vary -or waive the re-
quirements of this Section.
25.73.019 FAILURE TO UTILIZE A PRECISE PLAN.
a) Failure to utilize a Precise Plan within one (1) year
of its effective date (unless extended by action of the Planning
Commission) will automatically void such precise plan. In the
event construction work is involved, such work must actually
commence within the stated period and be diligently pursued. If
the City should find that there has been no construction of sub-
stantial character taken or if such construction should lapse for
more than six (6) months , the precise plan shall be void.
b) Extension of time up to a maximum one ( 1) year may be granted
from the date of expiration of the precise plan by the Planning
Commission when extenuating circumstances can be clearly shown by
the applicant. The request for same shall be submitted to the
Planning Commission in writing prior to the expiration date and
shall clearly state the reasons why construction has not commenced.
c) The Commission may grant additional time extensions up to a maximum of one year
providing that there has not been adopted any changes to zoning regulations that
would impact said precise plan.
upon a lot of a normal size and shape surrounded
by property in the same zone as the lot in question.
b) If the proposed precise plan of design would sub-
stantially P P
stantially depreciate property values in the vicinity
or would unreasonably interfere with the use or en-
joyment of property in the vicinity by the occupants
thereof for lawful purposes or would endanger the
public peace, health, safety or general welfare,
such plan shall be rejected or shall be so modified
or conditioned before adoption as to remove said
objections.
c) In addition to the foregoing grounds of rejection,
the Planning Commission and City Council, as the
case may be, may also consider and take into account
the exterior architectural design, general exterior
appearances, landscape, color, texture of surface
materials and exterior construction, shape and bulk
and other physical characteristics including location
and type of public utility facilities, and if it is
found that the proposed precise plan of design, in-
eluding the considerations herein enumerated would
interfere with the orderly development in the vicinity
of said Precise Plan area, or with the existing or
proposed use thereof, such precise plan of design
shall be rejected or shall be so modified or con-
ditioned. before approval as to remove the said
-- o sections.------- -------------- ---
25. 73.014 APPROVAL SUBJECT TO CONDITION.
A precise plan of design may- be approved subject to the
granting of a change of zone, a conditional use permit, a variance
or the approval of a final subdivision map, and the Planning Commis-
sion or City Council may require such a 'precise plan of design to
be submitted prior to the granting or recommending of a zone change ,
variance, or conditional use permit.-
25.73.015 COMPLIANCE REQUIRED. `
No person shall violate or fail to comply with any
approved precise plan of design or any conditions or provisions
thereof nor shall a building permit be issued for any structure
which would *violate or fail to comply with any approved precise
plan of design for the parcel or parcels on which such structure
is to be located. In the event any such permit is issued, it shall
be null and void and have no further effect.
25.73.'620 AMENDMENT TO A PRECISE PLAN.
a) The Planning Commission may grant an amendment to the
approved precise plan only after all procedures as set forth for
the original application are met except that the request for such
amendment may be in letter form in lieu of being placed on the
official form of application for a precise plan of design.
b) The Environmental Services Director may approve in writing on .the approved pre-
cise plan minor modifications without the benefit of public hearing when such
modifications do not adversely affect the public interest or the interest o`f =
owners of neighboring properties or substantially alter the plan, and so long
as said modification would not affect any other condition of approval .
J'
e -
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
August 28, 1981
CITY OF PALM DESERT
LEGAL NOTICE
AN AMENDMENT TO THE PALM DESERT ZONING
ORDINANCE CREATING SECTION 27.73
ESTABLISHING PRECISE PLAN REQUIREMENTS
AND PROCEDURES FOR ALL CONSTRUCTION
OTHER THAN SINGLE FAMILY DWELLINGS. A
CLASS 8 CATEGORICAL EXEMPTION FOR
PURPOSES OF CEQA.
CASE NO. ZOA 10-81
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the Palm Desert Zoning Ordinance
creating Section 27.73 establishing Precise Plan Requirements and Procedures for
all construction other than single family dwellings.
SAID Public Hearing will be held on September 16, 1981 at 1 :00 p.m. in the
Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm
Desert, California, at which time and place all interested persons are invited
to attend and be heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
September 3, 1981
:t-
PROOF OF PUBLICATION
(20109 2015 .5 CCP)
i
PROOF OF PUBLICATION OF
AMENDMENT
p ZOA 10-81
I am a citizen of the United
States and a resident of the
County aforesaid ; I am over the
age of eighteen years, and not CITY OF PALM DE6gkT
a part to or interested in the LEGAL NOTIC
y AN AMENDMENT T E
above entitled matter . I am the PALM DESERT G
ORDINANCE CR G
SCTION T7.73 & �
principal clerk of the printer I LEISNING PRECISE N
of PALM DESERT 'POST, a newpaper of PROUIREMeSTFO DL
CONSTRUCTION R
general circulation, printed THAN SINGLE Y
and published dailyin the DWELLINGS. A C e
CATEGORICAL city of RiversideE%�R1P
TION FOR PURPOS!®�+gF
County of CEGA. .r►
Riverside, and which newspaper NOTICES HEREBY-GIv.
has been adjudged a newspaper of EN that a Public Nearing.willbe held before the Pei= De.
general circulation by the Bert Planning CommfssWl to
consider on omendmenttothe
Superior Court of the County of �e Desecreating Zoning o7.73
establishing Precise Pl9n Re-
P.iversidP, State of California , auirements and Procedures
for all construction other than
under date of October 5 , 19b4, single family, dwelling .
Case number 83658; that the SAID Public Hearin iRl be
held on September 16, 1981, of
notices of which the annexed is 1ber00s p.m.he PalmaD` eeserl City
a printed copy, has been published ( Nall, 45-27S Prickly Pear
r Lane, Palm Desert, Califor-
in each regular and entire issue nip, at which time and place
all interested Per sons'and in-
of said newspaper and not in an * sited to attend and b"bad.
Y RAMON A. DIAZ
supplement thereof on the following ahn
rgil}mot
dates ? to-Hit : r Plonmmg commission
PDP-9/3
. 09/3 ,1981
I Certify (or declare) under
penalty of perjury that the
foregoing is true and correct,
Dated September 3 , 1981
at Riverside, California
�ITY OF PALM DESERT
Ir
1
p
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: PROPOSED "PROPOSED PRECISE PLAN ORDINANCE" DATE: JULY 10, 1981
The Planning Commission previously approved a staff recommendation that
the Planning Commission approve plot plans while the Design Review Board
approve building design. The first step in implementing this procedure
is the establishment of a required Precise Plan.
The Ordinance as set forth would require those plans of all commercial
and multiple residential developments.
It is recommended that staff be instructed to set this matter for hearing.
I
RA ON A. DIAZ
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: PROPOSED "PROPOSED PRECISE PLAN ORDINANCE" DATE: JULY 10, 1981
The Planning Commission previously approved a staff recommendation that
the Planning Commission approve plot plans while the Design Review Board
approve building design. The first step in implementing this procedure
is the establishment of a required Precise Plan.
The Ordinance as set forth would require those plans of all commercial
and multiple residential developments.
It is recommended that staff be instructed to set this matter for hearing.
RA ON A. DIAZ