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HomeMy WebLinkAboutZOA 85-8 OP AMENDMENT 1985 r b ORDINANCE NO. 449 EXHIBIT "A" Delete existing Section 25.25.016 and 25.25.017 and replace with: 25.25.016 Building Heights and Setbacks A. Interior rear and side yards adjacent to single story residential zones. 1 . Minimum average 20 foot setback for buildings up to 18 feet in height. 2. For each additional foot of building height above 18 feet, average setbacks shall be increased by 6.43 feet to 65 feet for a maximum 25 feet of building height. 3. To avoid architectural monotony, the planning commission may require setbacks to vary +/- 5 feet around the required average. 4. Maximum building coverage not to exceed 50%. B. Interior setbacks adjacent to two story multifamily and commercial zones. 1 . Zero or setback standard of the adjacent zone whatever is greater. C. Street front and side yards shall be a minimum of 12 feet with an average of 15 feet. D. Height shall be measured from the lower of the following two points: ( 1 ) average adjacent curb elevation, (2) average of pad elevations of directly adjacent properties and curb elevation point ( 1) . Elevation of vacant lots shall be measured at the center of the lot. Average shall be the sum of each elevation divided by the number of elevations. 25.25.017 Second Story Windows: There shall be no second story windows with open views to adjacent single story residential zones. - 1 INTEROFFICE MEMORANDUM 1 CITY OF PALM DESERT y _ ` TO: Honorable Mayor and City Council FROM: Philip Drell . Associate Planner Richard J. Folkers. City Engineer DATE: January 9. 1986 SUBJECT: ZOA 85-8 Height Measurement in the Office Professional Zone At the December 19th hearing, there was some concern over using average curb elevation as the basis for measuring building heights where properties slope to the rear. In these cases the building height point of measurement could be an average of the adjacent pad elevations and the curb elevations. This alternative would only be used if it vielded a lower number than the averqqge curb elevation alone. 25.25.015 D. would be amended to read: 0. Height shall be measured from the lower of the following two points : ( 1 ) average adjacent curb elevation (2) average of pad elevations of directly adjacent properties and curb elevation point ( 1 ) . Elevation of vacant lots shall be measured at the center of the lot. Average shall be the sum of each elevation divided by the number of elevations. Philip aell , Associate Planner Richard J. Folkers, Citv Engineer ORDINANCE NO. 449 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIF_ORNIA APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO BUILDING HEIGHTS AND SETBACKS IN THE OFFICE PROFESSIONAL ZONE. CASE NO. ZOA 85-8 WHEREAS. the City Council of the City of Palm Desert. California did on the 19th day of December, 1985. hold a duly noticed public hearing to consider amendment to the zoning ordinance chapter 25.25 increasing building setbacks and reducing buildings heights in the Office Professional zone. WHEREAS, said amendment 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 community development has determined the amendment to be a class 5 categorical exemption. WHEREAS, at said public hearing, upon hearing and considering all testi- mony 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 a zoning ordinance text amendment: 1 . The proposed amendment would provide for more compatible developments adjacent to residential zones consistent with the Palma Village Specific Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pa 1 m 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 approve ZOA 85-8 as provided in the attached exhibit, labeled Exhibit"A". PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1985 by the following vote. to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk r , PROOF OF. P4^1.ICATION This space Is to ''e County Clerk's Filing Stamp (2015.5 C; _.a.) � (�rMli V�� ' •, a NOV�G5A1985 0 clo i Cn ENVIRONMENTAL SERVICES oZ STATE OF CALIFORNIA, CITY OF PALM DESEIzT r- c County of Riverside m III; m I am a citizen of the United States and a CITY OF PALM DESERfi T -m— resident of the County aforesaid; I am over T the age of eighteen years, and not a party to Proof of Publication of - N c-J or interested in the above entitled matter. 1 r+t am the principal clerk of the printer of the CASE N0. ZOA 85-8 / ro ........... DESERT POST • ...... .............�........ .... CITY OF ......t�................ PALM DESERT .............................................. ................. LEGAL NOTICE + a newspaper of general circulation, printed CASE NO.20A ll $ NOTICE a HEREBY GNEN that a public hearing war be held before —weekl me and published ..Bi rchI, hWe,annamendn m ...••.••••••..X. ...... section 25.25 olfice protesslpnal p p �n e P r 'Ohe 0t the Palm Desert Zoning Os in the City Of ..R$.1!4..P.eT.r.h............. dlnance relating to building heights andsetbacks County of Riverside, and which news- SAID public hearing will be held On Tuesda,.November 5.tgB5 at 7 00 paper has been adjudged a newspaper pm in the Council Chamber in the of general circulation by the .Superior Palm Desert C1IY Hall.73510 Fred State of Faring Drive.Palm Desert.Calnor Court of the County of Riverside, at which lime and piece all lerasled persons are invited to if • iQM and be head.If YbJ Challenge California, under the date of,lAL5.., 19,b4., the proposed actions in epvn.You may be limited 10 rating only Moss 1 'us 83658 Issues public or f®rmationhearing else teed in l at me Oublic hearing Oescrlbetl In Case Number ................; that the notice, this notice, In w:nlen coaesool ' j pence delivered to the CIry council of which the annexed is a printed copy (set for planning commissbnl al,or Ono, l in type not smaller than nonpareil), has to the publlcheanng RamnnA Olar. been published in each regular and entire PalmS eesaw Desert issue of said newspaper and not in any Planning Commission 1 supplement thereof on the following dates, (Pub DP Oct 25.l9e51 to-wit: ................................... all in the year 19-85 I certify (or declare) under penalty of perjury that the foregoing is true and , correct. V Dated ai,,,,,,,Palm Desert i California,'this,25th,.dayof.ftt:., 19 ,,85 .....gna.. re . . . . . Free caplea of Ibis blank lorm may be froCi I Tom I ✓ CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 si to request GE NE N AL Prool at Publtotlon when oroerinq$Ills loan. i ' CITY OF PALM DESERT TRANSMITTAL LETTER 1. TO: Honorable Mayor and City Council 11 . REQUEST: Amendment to Office Professional standards relative to building height, coverage and setbacks. III. APPLICANT: CITY OF PALM DESERT IV. CASE NO: ZOA 85-8 V. DATE: December 19, 1985 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 85-5. E. Planning Commission Resolution No. 1096 F. Planning Commission Staff Report dated November 5, 1985. G. Related maps and/or exhibits. --------------------------------- -------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: After reviewing proposed and existing projects developed under the present OP standards the joint planning commission/city council office professional subcommittee concluded that more stringent height, setback and ground coverage requirements were necessary especially adjacent to single story residential use. For projects adjacent to single story residential uses, a sliding scale has been devised linking height to setbacks beginning with a 20 foot setback for an 18 foot structure to a 65 foot setback for a 25 foot high building. Average setbacks must increase 6.43 feet for each foot of height over 18. The planning commission will have the ability to require variable building setbacks to break up the monotony of long elevations. Building height shall be measured from average curb elevation directly adjacent to the project. No second story windows shall have an open view of adjacent residences. Front and street side setbacks shall be a minimum of 12 feet with an average of 15 feet. This will encourage setback variation creating a more interesting streetscape. Maximum building coverage for projects adjacent to R-1 zone shall be 50%. J L The committee also recommended that the Palma Village Specific Plan be amended to require a minimum 45 foot parking lot mutual access easement at the rear of all lots on the west side of Monterey Avenue, south of Fred Waring Drive. This amendment would both guarantee a minimum 45 foot setback and insure the most efficient parking and circulation design. Planning Commission unanimously recommended approval 5-0. Prepared by Reviewed and Approved by /dig 1 ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO BUILDING HEIGHTS AND SETBACKS IN THE OFFICE PROFESSIONAL ZONE. CASE NO. ZOA 85-8 WHEREAS, the City Council of the City of Palm Desert, California did on the 19th day of December, 1985. hold a duly noticed public hearing to consider amendment to the zoning ordinance chapter 25.25 increasing building setbacks and reducing buildings heights in the Office Professional zone. WHEREAS, said amendment 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 community development has determined the amendment to be a class 5 categorical exemption. WHEREAS, at said public hearing, upon hearing and considering all testi- mony 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 a zoning ordinance text amendment: 1 . The proposed amendment would provide for more compatible developments adjacent to residential zones consistent with the Palma Village Specific Plan. NOW, THEREFORE, BE IT ORDAINED 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 commission in this case. 2. That it does hereby approve ZOA 85-8 as provided in the attached, exhibit, labeled Exhibit"A". PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of 1985 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk l ORDINANCE NO. EXHIBIT "A" Delete existing Section 25.25.016 and 25.25.017 and replace with: 25.25.016 Building Heights and Setbacks A. Interior rear and side yards adjacent to single story residential zones. 1 . Minimum average 20 foot setback for buildings up to 18 feet in height. 2. For each additional foot of building height above 18 feet, average setbacks shall be increased by 6.43 feet to 65 feet for a maximum 25 feet of building height. 3. To avoid architectural monotony, the planning commission may require setbacks to vary +/- 5 feet around the required average. 4. Maximum building coverage not to exceed 50%. B. Interior setbacks adjacent to two story multifamily and commercial zones. 1 . Zero or setback standard of the adjacent zone whatever is greater. C. Street front and side yards shall be a minimum of 12 feet with an average of 15 feet. D. Height shall be measured from the average adjacent curb elevation to the highest point on the building. Average elevation shall be the sum of the highest point and the lowest point divided by two. 5.017 Second Story 25 2 Y Windows: There shall be no second story windows with open views to adjacent single story residential zones. 1 PLANNING COMMISSION RESOLUTION NO. 1096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO BUILDING HEIGHTS AND SETBACKS IN THE OFFICE PROFESSIONAL ZONE. CASE NO. ZOA 85-8 WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 15th day of October and continued on November 5, 1985, hold a duly noticed public hearing to consider amendment to the zoning ordinance chapter 25 .25 increasing building setbacks and reducing buildings heights in the Office Professional zone. WHEREAS, said amendment 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 community development has determined the amendment to be a class 5 categorical exemption. WHEREAS, at said public hearing, upon hearing and considering all testi- mony 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 . The proposed amendment would provide for more compatible developments adjacent to residential zones consistent with the Palma Village Specific Plan. 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 approval of ZOA 85-8 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 Sth day of November, 1985 by the following vote, to wit: AYES: DOWNS, ERWOOD, RICHARD, WOOD 8 CRITES NOES: NONE ABSENT: NONE ��----�� ABSTAIN: NONE BUF9 CRITES, Chairman ATTEST RAMON A. DIAZ, Secret - 1 PLANNING COMMISSION RESOLUTION NO. 1096 i EXHIBIT "A" Delete existing Section 25.25.016 and 25.25.017 and replace with: 25.25.016 Building Heights and Setbacks A. Interior rear and side yards adjacent to single story residential zones. 1 . Minimum average 20 foot setback for buildings up to 18 feet in height. 2. For each additional foot of building height above 18 feet, average setbacks shall be increased by 6.43 feet to 65 feet for a maximum 25 feet of building height. 3. To avoid architectural monotony, the planning commission may require setbacks to vary +/- 5 feet around the required average. 4. Maximum building coverage not to exceed 50%. B. Interior setbacks adjacent to two .story multifamily and commercial zones. 1 . Zero or setback standard of the adjacent zone whatever is greater. C. Street front and side yards shall be a minimum of 12 feet with an average of 15 feet. D. Height shall be measured from the average adjacent curb elevation to the highest point on the building. Average elevation shall be the sum of the highest point and the lowest point divided by two. 25.25.017 Second Story Windows: There shall be no second story windows with open views to adjacent single story residential zones. l MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1985 the development agreement were to state that on the residential side the R-3 be no less than 200 feet in depth. Chairman Crites clarified that the southerly 200 feet of the subject property would be zoned R-3 with the remainder of the property be zoned C-1 . Action: Moved by Commissioner Wood, seconded by Commissioner Richards, Instructing staff to prepare a development agreement that creates a buffer zone of R-3 on the south side property to be no less than 200' deep and C- 1 on the remainder of the property, along with the appropriate resolutions for recommendation to the council , for adoption at the meeting of November 19, 1985. Carried 3-2 (Chairman Crites and Commissioner Erwood voting no. ) Mr. Phillips suggested that the item come back as a public hearing item. Commissioner Richards asked for a non verbal communication of the developer that he might be able to meet and acquiesce to this development agreement proposed in a general nature. The developer signified a positive affirmation. The agreement would not preclude a parking structure or trash enclosure. A FIVE MINUTE RECESS WAS CALLED AT 8: 10 P.M. Moved by Commissioner Wood, seconded by Commissioner Downs, suspending the order of the agenda to consider item #E at this point. Carried 5-0. E. Case No. ZOA 85-8 - CITY OF PALM DESERT, Applicant Consideration of a zoning ordinance amendment relating to building heights and setbacks in the office professional zone. Mr. Drell outlined the request and recommended approval . Chairman Crites stated that the item had been discussed in study session. Commissioner Richards gave the background of the office professional . committee and explained how the committee mitigated its concerns. • 7 1 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1985 Chairman Crites opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. MR. 608 RICCIARDI , 45-275 Prickly Pear Lane, indicated that along Monterey R- 1 was there first and felt any two story building would affect the R-1 area. He asked that a condition of now windows face R-l . He spoke against having a tunnel effect created on Fred Waring Drive and Monterey Avenue. He felt that one story should be allowed, which would mean less cars. He stated that he would not want to live there, and questioned if R- 1 should stay or become something else. Commissioner Wood felt that Mr. Ricciardi was not coming up with an economic solution. Mr. Ricciardi replied that it was aesthetic, and noted that this area would be where people come into town. Chairman Crites closed the public testimony. Chairman Crites asked for and received clarification on the issue of setback increases and how they effect the line of site for the property owner. Mr. Drell indicated that a much lower profile would be maintained. Mr. Drell stated that the average elevation would be , the sum of the highest point and the lowest point divided by two. Chairman Crites noted that this would not lower the line of site for the person driving down Monterey. Commissioner Richards commented that he felt Mr. Ricciardi was correct regarding the aesthetics and noted that even with 18 feet and underground parking the building would be 22-23 feet high. He stated that the committee took note of the surrounding projects (e.g. Town Center) . He noted that the property would mostly be utilized during the day, and maximum building coverage would not exceed 50%. Mr. Drell indicated that the conditions for maximum building coverage not to exceed 50%* and the equation for the average elevation would be added as part of the resolution as per the recommendation of the committee. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, 8 l CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: November 5. 1985 SUBJECT: ZOA 85-8 Office Professional Standards 1 . DISCUSSION After reviewing proposed and existing projects developed under the present OP standards the joint planning commission/city council office professional subcommittee concluded that more stringent height, setback and ground coverage requirements were necessary especially adjacent to single story residential use. For projects adjacent to single story residential uses, a sliding scale has been devised linking height to setbacks beginning with a 20 foot setback for an 18 foot structure to a 65 foot setback for a 25 foot high building. Average setbacks must increase 6.43 feet for each foot of height over 18. The planning commission will have the ability to require variable building setbacks to break up the monotony of long elevations. Building height shall be measured from average curb elevation directly adjacent to the project. No second story windows shall have an open view of adjacent residences. Front and street side setbacks shall be a minimum of 12 feet with an average of 15 feet. This will encourage setback variation creating a more interesting streetscape. Maximum building coverage for projects adjacent o R- I zone shall be 50%. The committee also recommended that the Palma Village Specific Plan be amended to require a minimum 45 foot parking lot mutual access easement at the rear of all lots on the west side of Monterey Avenue. south of Fred Waring Drive. This amendment would both guarantee a minimum 45 foot setback and insure the most efficient parking and circulation design. 11 . RECOMMENDATION Approve findings and adopt Resolution No. recommending approval of ZOA 85-8 to city council . By minute motion, initiate amendment to Palma Village Specific Plan concerning 45 foot parking easement for the west side of Monterey Avenue south of Fred Waring Drive. t. Prepared by Reviewed and approved by