HomeMy WebLinkAboutZOA 84-1 FRONT YARD FENCES 1984 INTEROFFICE MEMORANDUM
City of Palm Desert
TO: CITY MANAGER AND CITY COUNCIL
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT. ' FENCES IN FRONT YARDS (ZOA 84-1)
DATE: MAY 24, 1984
This matter was continued to give staff an opportunity to clarify the
ordinance relating to front yard fences. The intent of the ordinance was to
prevent the construction of unsightly fences, and prevent visibility problems at
driveway entrances.
The ordinance as proposed would permit, within the first ten feet of the
front yard setback, walls of a maximum height of three feet. Beyond the first ten
feet of the front setback, a maximum wall height of six feet will be permitted. In
addition, three feet of wrought iron could be added to increase total height of
walls in the first ten feet of the front setback to six feet.
Concern was raised that the ordinance unduly restricted the construction of
walls and fences within the front setback. The counter issue was that under
current regulations, unsightly, fences could be constructed along the front
property line.
An alternative to the proposed ordinance would be the adoption of the
following policy relating to front yard fencing and material.
1. The maximum height of a wooden fence in the first ten feet of the
front yard setback shall be three feet.
2. The maximum height of fences and walls of masonry, wrought iron, or
concrete material within the first five feet of the front yard setback
shall be six feet.
3. The area between the property line and wall shall be landscaped as
approved by the environmental services department.
4. Where a wall or fence will block the visibility of a sidewalk or public
right-of-way from a driveway, either on the lot itself or a neighboring
lot, a forty-five degree diagonal corner cutoff shall be provided to
allow clear vision of the sidewalk or right-of-way for at least 10 feet.
5. All decisions relating to wall and fencing approvals may be appealed to
the Palm Desert Architectural Commission.
-I-
w
Fences in Front Yards (ZOA 84-1)
May 24, 1984
It is recommended that this policy be adopted and implemented and that the
recommended ordinance be tabled for three months. Staff believes that if this
policy is implemented all of the major concerns relating to front yard fences and
walls are addressed.
V
RAMON A. bIAZ
RD/Ir
-2-
MINUTES
PALM DESERT PLANNING COMMISSION .
APRIL 3, 1984
This matter was continued to the next meeting.
C. Case No. C/Z 84-1 - CITY OF PALM DESERT, Applicant
Request for approval of a preannexation change of zone
from M.S.C. (Manufacturing Service Commercial)
Riverside County, to S.I. (Service Industrial) for property
located on the south side of Joni Drive, 725 feet west of
Cook Street.
Mr. Diaz reviewed the staff report and recommended approval.
Chairman Wood opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this matter. There being none, the public hearing was
closed.
Moved by Commissioner Downs, seconded by Commissioner Crites, to approve the
findings as presented by staff.
Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt
Planning Commission Resolution No. 941, recommending approval to the city
council of C/Z 84-1.
D. ZOA 84-1 - CITY OF PALM DESERT, Applicant
Modification of sections in the zoning ordinance pertaining
to wall heights in residential front yards.
Mr. Diaz reviewed the staff report and recommended approval.
Chairman Wood 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 Downs, seconded by Crites, to adopt Planning Commission Resolution No.
942, recommending approval to the city council of ZOA 84-1, as amended.
i
VIII. MISCELLANEOUS ITEMS
A. Case Nos. DP 03-80, VAR 03-80 and PM 16258, CARMA-SANDLING
GROUP, Applicants
Reconsideration of denial of a one year time extension for
a development plan, variance and parcel map to allow
construction of a 876 rentable room hotel/condominium
project on 29.3 acres on the west side of Highway 111,
south of Fred Waring Drive.
The applicant withdrew his request.
IX. ORAL COMMUNICATIONS - NONE
X. COMMENTS
Commissioner Downs requested status on Town Center car wash landing.
Chairman Wood requested that the city attorney present be on potentially
controverial items. p y
-4-
INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
TO: Planning Commission
FROM: �D'irector of Environmental Services
SUBJECT: ZOA 84-2 St, dio Apartments DATE: May 11, 1984
At the city council study session on May 10, the council clarified its position concerning
floor area minimum for studio apartments. It was their intent that all units, including
apartments, shall have a 600 square foot minimum floor area. The city initiated zoning
ordinance amendment is therefore withdrawn.
RAMON A. DIAZ
DIRECTOR OF ENVIRONMEN AL SERVICES
RAD/tm
I
City of Palm Desert
Transmittal Letter
I. TO: HONORABLE MAYOR AND CITY COUNCIL
11. REQUEST:
An amendment to the zoning ordinance regarding front yard wall
heights.
III. APPLICANT: CITY OF PALM DESERT
IV. CASE NO: ZOA 84-1
V. DATE: APRIL 26, 1984
VI. CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission minutes for ZOA 84-1.
E. Planning Commission Resolution No.
F. Planning Commission Staff Report.
--------------------------------------------------------------------------------------------------
A. Staff Recommendation:
Waive further reading and pass Ordinance No. , to second reading.
B. Discussion:
This amendment would establish restrictions for privacy walls within a front
setback in a residential zone. Currently the code only restricts front yard
walls on corner lots due to resulting visibility problems at street
intersections.
Staff feels that front yard walls should be restricted for both asthetic and
safety reasons.
The proposed amendment would set a three foot height limit for a wall
within ten feet of a front property line. A six foot high wall would be
permitted if set back at least ten feet from the front property with the
stipulation that the wall must possess vertical and/or horizontal relief. In
addition, the ten foot area between the six foot wall and the front property
line must be landscaped according to an approved plan.
At the Planning Commission hearing no one spoke in favor or in opposition
to the amendment and the matter was unanimously approved by the
commission.
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City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: April 3, 1984
CASE NO: (OA 84-D
PROPOSED AMENDMENT:
Modification of Sections in the Zoning Ordinance pertaining to wall heights
in residential front yards.
INITIATED BY:
CITY OF PALM DESERT
I. BACKGROUND:
The proposed amendments result from a lack of clear policy for which staff to
follow in reviewing block walls and solid fences along front property lines.
Currently the code only states that walls not to exceed six feet in height may
occupy a required rear or side setback area with no reference to front yards.
II. ANALYSIS:
Front yard fencing is a subject that might be desired by some homeowners and can
be considered as visually offensive to others. The fencing is desired for privacy or
security such as when a pool is located in a front yard. Front yard fencing can be
visually offensive in that it can change the character of a neighborhood not to
mention the creation of visibility obstructions adjacent to driveways.
Staff feels that these privacy walls can be located and constructed in a manner
that will not have a detrimental affect on a neighborhood. These conditions would
include a minimum 10 foot setback area landscaped between a six foot wall and a
front property line with vertical and/or horizontal relief. If a wall is desired along
a front property line the maximum height will be three feet with an additional
three feet possible if it could be seen through such as wrought iron.
III. RECOMMENDATION:
Staff recommends adoption of Planning Commission Resolution No. ,
recommending to the city council approval of ZOA 84-1.
Prepared by
Reviewed and Approved
/lr
-1-
PLANNING COMMISSION RESOLUTION NO.
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, CONCERNING WALL HEIGHTS IN FRONT
SETBACK AREAS.
CASE NO. ZOA 84-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of April, 1984, hold a duly noticed public hearing to consider an amendment to
the zoning ordinance text, regulating wall heights in front setbacks.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project is a categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
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.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare.
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
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3rd day of April, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
e
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
25.56.180 Front yards—Requirements and exceptions. In addition to the
regulations prescribed within each residential use district, the following regulations shall
apply:
A. Where sites comprising forty percent of the frontage in a residential district
on a block area improved with buildings, the minimum front yard shall be
the average of the minimum front yard depths for structures on each
developed site in the district on the block. In computing the average, a
depth ten feet greater than the minimum required front yard shall be used
for any site having a greater yard depth. (Ord. 98 §1 (part), 1975: Exhibit A
§25.32-7.04).
B. The maximum height of a wall within ten feet of a front property line is 3
feet. An additional three feet of wrought iron may be added to increase
total height to six feet.
The setback for a wall between 3 feet and 6 feet is ten feet. The wall must
provide vertical and/or horizontal relief with the area between such wall and
front property line irrigated and landscaped according to a plan approved by
the environmental services department.
Ar
ORDINANCE WO. 361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAL:I JESEAT,
CALIFORNIA, AMENDING SECTION 27.28.150 of TITLE 27 OF THE
PALM DESERT MUNICIPAL CODE RELATING TO THE CONTROL OF GRADING.
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 26th day of January, 1984, review the proposed revision to the City grading
regulations; and
WHEREAS, the revision of said regulations is in the interest and further-
ance of the public health, safety and general welfare of the City.
NOW, THEREFORE, the City Council of the City of Palm Desert DOES HEREBY
ORDAIN as follows:
SECTION 1: Section 27.28. 150 of the Palm Desert Municipal Code is amended
to read as follows
27.28. 150 Control of grading. A. Notwithstanding other sections in this
chapter and the provisions of the Uniform Building Code, where grading is required
adjacent to improved residential lot(s) and where providing for drainage primarily
by grading will adversely affect the aesthetics, privacy, security, and/or views of
the adjacent lot(s) with fills exceeding three feet in height, the city engineer may
require the use of alternate drainage devices including, but not limited to concrete
swales, yard drains, storm drains, sump pumps, and spread footings. If the use of
alternate drainage devices is not sufficient to mitigate any adverse impacts, the
city engineer may require and/or permit the drainage of one lot across another lot
provided that satisfactory easements are obtained.
B. Additionally, the city engineer may permit pads to be set at street
grade or lower to prevent fills greater than three (3) feet in height, providing
the following conditions are met:
1. A landscaped berm, minimum twelve (12) inches high is constructed
between the street and structure;
- 2. All roof drainage shall be carried to the street by rain gutters
and drainage pipe;
3. A satisfactory easement,.-subject to the approval of the city
attorney and city engineer, is obtained to drain the rear yard; or an engineered
sump or drywell , subject to the approval of the city engineer, is constructed to
accommodate rear yard drainage.
C. Appeals of requirements of this section shall be made to the planning
commission and the decision shall be final unless appealed to or called up by .the
city council . The fee for filing an appeal shall be as shown in the schedule nt
fees as set from time-to-time by resolution of the city council , but in no eve
shall be less than sixty-five dollars.
SECTION 2: The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in the Desert Post, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and
shall be in full farce and effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California, on this 9th_ day of February , 1984, by the following vote, to wit:
AYES: JACKSON, BELLY, PULUQI, WILSON & SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WALTER H. SNYDER> MAYOR
ATTEST:
SHEILA R. GILL N, CITY K
CITY OF PALM DESERT, CA ORNIA
PROOF OF PU 'CATION This space is for County Clerk's Filing Stamp
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Riverside
I am a citizen of the United States and a CITY OF PALM DESERT
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or interested in the above-entitled matter. I
am the principal clerk of the printer of the .....L)aG�?Z.??o.T.=CE, zoA 84-1..................
...........DE S.E eT..PAST....................... ..........................................................
Paste Clipping
..............................................:..... of Notice
a newspaper of general circulation, printed SECURELY
In This Space
and published ...BA7.weekly................
in the City of .......Palsl..Deser.t.........
County of Riverside, and which news-
. 'CITY OF PALM DESERT
paper has been adjudged a newspaper LEDIICBDTICE
of general circulation b the Superior ZOAW',
y p NOTICE"IS HEREBYy011/EN9he1 ti'
Court of the County of Riverside, State of pub hesrlrgyed1betor,eIto- Prkone
1
_miseiai lac�a_ ta't k
California, under the dateof..io./5,, 19 ,6A, 'CIP(OF,'XPALM _ R 9°h
skn�b
xao r?!aC" rerfeaJ
trmtyard wellh
Case Number ..B.3&5.s......; that the notice, 1 I sAiDabknea
A,613 .19B41t h'�he'
of which the annexed is a printed copy (set civic Csahr
510 Fred. Wan Palrlf'.'
in type not smaller than nonpareil), has Dewn;tca5(..
been published in each regular and entire aria Pbce`8il(Binr
Iwfted ID adende W
issue of said newspaper and not in any RAMOSiicm rt
4. Az
I f IM
supplement thereof on the following dates, Dese
Planning Commieslan
to-wit: i (Pub.D.P.Mac 23,1984)
............3�2 3.................................. _
all in the year 19.84..
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at,-,,,,... Palm„Desert
California,this...23.... Yof..Mar... 19 .$A.
... . ... .. . . . . . . ...
Si natu e
Free copies of this blank form maY be secured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 west Second St., Los Angeles, Calif. 90012
Telephone: (213) 625-2541
Please request OE NERAL Proof of Publication
when orderinq this form.
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, RESTRICTING FRONT
YARD WALL HEIGHTS.
CASE NO. ZOA 84-1
WHEREAS, the City Council of the City of Palm Desert, California, did on the
26th day of April, 1984, hold a duly noticed public hearing, to consider a request by the
CITY OF PALM DESERT for the above mentioned amendment to the zoning ordinance
text; and,
WHEREAS, the Palm Desert Planning Commission, by Resolution No. 942, 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,
Resolution No. 80-89," in that the director of environmental services has determined the
project is categorically exempt for CEQA purposes; 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 Z.OA 84-1.
1. That the zoning ordinance amendment is consistent with the objectives of
the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted
general plan.
3. That the zoning ordinance amendment would better serve the public
health, safety, and general welfare, than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the 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 aprove a zoning ordinance text amendment, as
provided in the attached exhibit, labeled Exhibit "A", to amend Municipal
Code Section 25.56.180.
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 Palm Desert
City Council, held on this 26th day of April, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GI.LLIGAN, City Clerk
City of Palm Desert, California
/lr
ORDINANCE NO.
EXHIBIT "A"
25.56.180 Front yards--Requirements and exceptions In addition to the
regulations prescribed within each residential use district, the following regulations shall
apply:
A. Where sites comprising forty percent of the frontage in a residential
district on a block area improved with buildings, the minimum front yard
shall be the average of the minimum front yard depths for structures on
each developed site in the district on the block. In computing the
average, a depth ten feet greater than the minimum required front yard
shall be used for any site having a greater yard depth. (Ord. 98 §1 (part),
1975: Exhibit A §25.32-7.04).
B. The maximum height of a wall within ten feet of a front property line is 3
feet. An additional three feet of wrought iron may be added to increase
total height to six feet.
The setback for a wall between 3 feet and 6 feet in height is ten feet.
The wall must provide vertical and or horizontal relief with the area
between such wall and front property line irrigated and landscaped
according to a plan approved by the environmental services department
/lr
April 6, 1984
CITY OF PALM DESERT
LEGAL NOTICE
ZOA 84-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider a request by the CITY OF PALM DESERT for consideration of an
amendment to the zoning ordinance in reference to front yard wall heights.
SAID public hearing will be held on April 26, 1984, at 7:00 p.m. in the Civic Center
Council Chamber, 73-510 Fred Waring Drive, 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 13, 1984
City of Palm Desert r
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: April 3, 1984
CASE NO: ZOA 84-1
PROPOSED AMENDMENT:
Modification of Sections in the Zoning Ordinance pertaining to wall heights
in residential front yards.
INITIATED BY:
CITY OF PALM DESERT
I. BACKGROUND:
The proposed amendments result from a lack of clear policy for which staff to
follow in reviewing block walls and solid fences along front property lines.
Currently the code only states that walls not to exceed six feet in height may
occupy a required rear or side setback area with no reference to front yards.
II. ANALYSIS:
Front yard fencing is a subject that might be desired by some homeowners and can
be considered as visually offensive to others. The fencing is desired for privacy or
security such as when a pool is located in a front yard. Front yard fencing can be
visually offensive in that it can change the character of a neighborhood not to
mention the creation of visibility obstructions adjacent to driveways.
Staff feels that these privacy walls can be located and constructed in a manner
that will not have a detrimental affect on a neighborhood. These conditions would
include a minimum 10 foot setback area landscaped between a six foot wall and a
front property line with vertical and/or horizontal relief. If a wall is desired along
a front property line the maximum height will be three feet with an additional
three feet possible if it could be seen through such as wrought iron.
III. RECOMMENDATION:
Staff recommends adoption of Planning Commission Resolution No. ,
recommending to the city council approval of ZOA 84-1.
Prepared by
Reviewed and Approved
Ar
-1-
PLANNING COMMISSION RESOLUTION NO.
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, CONCERNING WALL HEIGHTS IN FRONT
SETBACK AREAS.
CASE NO. ZOA 84-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of April, 1984, hold a duly noticed public hearing to consider an amendment to
the zoning ordinance text, regulating wall heights in front setbacks.
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the director of environmental services has determined that
the project is a categorical exemption.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said planning commission did find
the following facts and reasons to exist to recommend approval of a zoning ordinance text
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.
3. That the Zoning Ordinance Amendment would better serve the public health,
safety and general welfare.
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
considerations of the commission in this case.
2. That it does hereby recommend a Zoning Ordinance Text Amendment, as
provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3rd day of April, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RALPH B. WOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
i
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
25.56.180 Front yards—Requirements and exceptions. In addition to the
regulations prescribed within each residential use district, the following regulations shall
apply:
A. Where sites comprising forty percent of the frontage in a residential district
on a block area improved with buildings, the minimum front yard shall be
the average of the minimum front yard depths for structures on each
developed site in the district on the block. In computing the average, a
depth ten feet greater than the minimum required front yard shall be used
for any site having a greater yard depth. (Ord. 98 §1 (part), 1975: Exhibit A
§25.32-7.04).
B. The maximum height of a wall within ten feet of a front property line is 3
feet. An additional three feet of wrought iron may be added to increase
total height to six feet. /�, dw.' tif-
The setback for a wall between 3 feet and 6 feet(is ten feet. The wall must
provide vertical and/or horizontal relief with the area between such wall and
front property line irrigated and landscaped according to a plan approved by
the environmental services department.
/lr
ORDINANCE IJO. 361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PAL:I DESERT,
CALIFORNIA, AMENDING SECTION 27.28.150 of TITLE 27 OF THE
PALM DESERT MUNICIPAL CODE RELATING TO THE CONTROL OF GRADING.
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 26th day of January, 1984, review the proposed revision to the City grading
regulations; and
WHEREAS, the revision of said regulations is in the interest and further-
ance of the public health, safety and general welfare of the City.
NOW, THEREFORE, the City Council of the City of Palm Desert DOES HEREBY
ORDAIN as follows:
SECTION 1: Section 27.28. 150 of the Palm Desert Municipal Code is amended
to read as follows
27.28. 150 Control of grading. A. Notwithstanding other sections in this
chapter and the provisions of the Uniform Building Code, where grading is required
adjacent to improved residential lot(s) and where providing for drainage primarily
by grading will adversely affect the aesthetics, privacy, security, and/or views of
the adjacent lot(s) with fills exceeding three feet in height, the city engineer may
require the use of alternate drainage devices including, but not limited to concrete
swales, yard drains, storm drains, sump pumps, and spread footings. If the use of
alternate drainage devices is not sufficient to mitigate any adverse impacts , the
city engineer may require and/or permit the drainage of one lot across another lot
provided that satisfactory easements are obtained.
B. Additionally, the city engineer may permit pads to be set at street
grade or lower to prevent fills greater than three (3) feet in height, providing
the following conditions are met:
1. A landscaped berm, minimum twelve (12) inches high is constructed
between the street and structure;
2. All roof drainage shall be carried to the street by rain gutters
and drainage pipe;
3. A satisfactory easement,-subject to the approval of the city
attorney and city engineer, is obtained to drain the rear yard; or an engineered
sump or drywell , subject to the approval of -the city engineer, is constructed to
accommodate rear yard drainage.
C. Appeals of requirements of this section shall be made to the planning
commission and the decision shall be final unless appealed to or called 'up by the
city council . The fee for filing an appeal shall be as shown in the schedule of
fees as set from time-to-time by resolution of the city council , but in no event
shall be less than sixty-five dollars.
SECTION 2: The City Clerk of the City of Palm Desert, California, is
hereby directed to publish this ordinance in the Desert Post, a newspaper of general
circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California, on this 9th_ day of February 1984, by the following vote, to wit:
AYES: JACKSON, KELLY, PULUQI, WILSON & SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WALTER H. SNYDER, MAYOR 401
ATTEST:
SHEILA R. GILL N, CITY K
CITY OF PALM DESERT, CA ORNIA
March 15, 1984
CITY OF PALM DESERT
LEGAL NOTICE
ZOA 84-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by the CITY OF PALM DESERT for
consideration of an amendment to the zoning ordinance in reference to front yard wall
heights.
SAID public hearing will be held on April 3, 1984, at 7:00 p.m. in the Civic Center Council
Chamber, 73-510 Fred Waring Drive, 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: Desert Post
March 23, 1984
FINISHED AGENDA
PALM DESERT PLANNING COMMISSION
MARCH 6, 1984
Impact to allow construction of a 10,000 sq.ft. building in a
service industrial zone located at the northwest corner of
Mediterranean and St. Charles Place.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs, to approve
the findings as recommended by staff. Carried unanimously 5-0.
Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 938, approving PP 74-1 and PMW 84-1, subject
to conditions. Carried unanimously 5-0.
IX. MISCELLANEOUS ITEMS
A. Determination of use for land in PC (4) (Resort Commercial) zone for
Hoames Pool property.
(Oral Report)
Rec:
Review and determine acceptability.
Action:
Commission discussed and instructed staff to relate their concerns (i.e. traffic,
zoning, potential use) with the decision not to allow the use.
B. Consideration of Initiation to amend zoning ordinance pertaining to wall
heights in residential front yards and as used in conjunction with retaining
walls.
Rec:
Direct staff to set public hearing.
Action:
Staff was instructed to proceed with amendment on this matter.
X. ORAL COMMUNICATIONS
MR. JOHN HANCOCK, 74-280 Catalina Way, asked for a clarification on
Miscellaneous Item A.
XI. COMMENTS
There was discussion regarding the legal notice procedures and commission
concurred that staff should send out a notice to each owner listed.
Commissioner Crites asked for an update on the Date Palm Preserve Committee.
He also asked for the status on the 'Buyer Protection Packet".
Commissioner Erwood asked for the status on the car wash landscape screening.
XII. ADJOURNMENT - 10:25 P.M.
/Ir
-2-
FINISHED AGENDA
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - MARCH 69 1984
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
A STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE COUNCIL CHAMBER
CONFERENCE ROOM, AT 6:00 P.M.
I. CALL TO ORDER - 7:05 P.M.
U. PLEDGE OF ALLEGIANCE - Commissioner Erwood
III. ROLL CALL - All Present
IV. APPROVAL OF MINUTES: February 21, 1984
Action:
Moved by Commissioner Downs, seconded by Commissioner Richards, to approve
the minutes as submitted. Carried unanimously 5-0.
V. SUMMARY OF COUNCIL ACTION - NONE
VI. CONSENT CALENDAR - NONE
VII. PUBLIC HEARINGS
A. Continued Case Nos. TT 19640 and CUP 21-83 (Amendment #0 - SILVER
SPUR ASSOCIATES AND SUN-RAY ENGINEERING, Applicant
Request for approval of an amendment to a previously
approved conditional use permit and tentative tract map to
allow the creation of 39 single family lots in the PR-7, D
and PR-7, H zones located in Ironwood Country Club on the
south side of Mariposa Drive, at the easterly end of
Poinciana Place.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs, to continue
this matter to April 3, 1984, to give the residents an opportunity to study the
proposal further and staff will send out legal notices again. Carried 4-0-1 (Wood
abstained)
B. Case No. PP 84-2 - BOB SANDIFER, Applicant
Request for approval of a precise plan of design and
Negative Declaration of Environmental Impact to allow
construction of an 8648 sq.ft. industrial building in a
service industrial zone located at the southwest corner of
Mediterranean and Beacon Hill.
Action:
Moved by Commissioner Crites, seconded by Commissioner Richards, approving
findings as recommended by staff. Carried unanimously 5-0.
Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt
Planning Commission Resolution No. 937, approving PP 84-2, subject to conditions.
Carried unanimously 5-0.
C. Case No. PP 84-1 and PMW 84-1 - WILLIAM WILSON, Applicant
Request for approval of a precise plan of design, parcel
map waiver and Negative Declaration of Environmental