HomeMy WebLinkAboutZOA 88-2 COLOR CONTROL 1988 � Il�FFTCE N$ [ly �/
City of Palm Desert
TO: City Manager and City Council `
FROM: Assistant City Manager/Director of Cam Lnlity Development
DATE: June 9, 1988
SUBJECP: ZOA 88-2 Zoning Aft to provide Color Control in Specific Zones, �
Zoning Ordinance 88-2 if adopted would establish a requirement that prior to
repainting in the commercial zones and hillside Planned residential zones that
the colors be approved by the Palm Desert Architectural Commission.
Under current regulations the repainting of an existing commercial building is
left solely to the discretion of the owner. New oamiercial structures and
review process.
remodels have their initial colors approved as Partof the city's architectural
New residences in the hillside area also are subject to color approvals. The Proposed ordinance would establish a criteria that requires hones in this zone
to be colored to blend with the hillside area.
The Planing commission at its Public hearing of May 17, 1988 recommended
while
disapprothevalvot of on the proposed ordinance. The vote on the cam�ercial was 4-1,
e the hillside portion was 3 to 2.
The main concern of the carmissioi was that the issue of color control was too
subjective, and enforceability.
STAFF RECt;14NEIDATI0N:
While color is subjective, it is enforceability may be a problem, done presently new construction and while
it can be done administratively. Staff would
approval of the proposed fit.
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ASSISTANT CITY
Y /DIRECPOR OF CMIINITY DEVECgPMINP
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- ORDINANCE NO. 543
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN MENa F T
TO THE ZCNING ORDINANCE TEXT, RELATING TO THE
CONTROL OF EXTERIOR COLOR CHANGES IN THE
COMMERCIAL ZONES AND THE HILLSIDE PLANNED
RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 9th day of June, 1988, hold a duly noticed public hearing to consider an
amendment to the zoning ordinance to require the review and approval by the
architectural co mission of any exterior color changes in the camiercial zones
and the hillside planned residential zone; 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 anmunity development has
determined the amendment to be a class 8 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimexiy arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the zoning ordinance amerx3ment 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 plans.
3. That the zoning ordinance amendrent would better serve the public
health, safety, and general welfare than the current regulations.
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
consideration of the council in this case.
2. That it does hereby approve Zoning Ordinance Text Amendment 88-2, as
Provided in the attached exhibit, labeled Exhibit "A."
3. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
CITY OF PALM DESERT
DE PARENT OF COW42UW Dom,
SDWF RMUU
TO: Planning Commission
DATE: May 17, 1988
CASE NO: ZOA 88-2
REQUEST: Consideration of an anent to the zonIng
approval by the architectural commission ewe to require
prior to changing the
color of buildings in the commercial zones and to require
development in the Hillside Planned Residential zone o colored
to blend with the natural hillside material,
APPL.ICANr: City Of Palm Desert
I. BACKGROUND:
Staff was instructed to examine the feasibility of color control on
repainting Of c mnercial and residential structures. A brief report, copy
attached, was presented to city council in January 1988.
The result was a council motion directing ordinance changes to be
processed to:
i) Require that in the city's commercial zones any change in color be
approved by the architectural oamdssion.
ii) In the Hillside Planned Residential zone the color of homes must
blend closely with primary terrain color and shall be reviewed by the
architectural camussion for approval.
II. DISCUSSION:
Staff noted changes.�prepared the draft ordinance amendment to imPlement the above
Item (i) above is quite clear, the architectural crnmission will approve,
as it does now, all new buildings and their color and
color of any changes in the
any buildings >n the eomnercial zones.
Item (i Pl
anned prescribed by council fires that the color of hones in the
Hillsidanned Residential zone must blend with terrain color and shall
be reviewed by the architectural commission for approval. It is clear
that the goal is to have the hones blend with the natural terrain.
What is not clear is whether a permit procedure will be established in
each of the above cases. Without a requirement that a
after obtaining architectural comm y'
commission approval the ccit be taken out
s enforcement
v
PC STAFF REPORT
ZOA 88-2
MAY 17, 1988
responsibilities (i.e. to require that the building be painted the color
that was approved) is doubtful.
The city attorney is working on this issue. Depending on hoe the city
attorney chooses to resolve this problem you may have a subsequent
ordinance amendment before you to allow enforcement of this ordinance.
The purpose in Proceeding at this time is to determine if there is support
for an ordinance which would give the architectural commission the
responsibility of reviewing and approving any color change in the
commercial zones and the Hillside planned Residential zone. If the
ordinance is appznved, then the city attorney will have to devise a means
of enforcement. If the ordinance does not pass then no further action is
necessary.
III. E29{7 AI REVIW:
Theclass director8 of oamnnzity development has determined that the request is a
categorical exemption and no further review is necess
ary.
1V. RECLPTgSIDATION'
A. Adoption of the findings-
B. Adoption of pla-xi Camussicn Resolution No.
recowending
approval of ZOA 88-2 to city council.
V. ATTACHMENTS:
A. Draft resolution.
B. Legal notice.
C. January 14, 1981988 report to city council.
Prepared by
Reviewed and Approved by
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PLAN I M ODMMISSION IUMUMON NO.
A RESOLUTION OF THE PLANNING CKMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONING ORDINANCE AN� RELATING
TO THE CONTROL OF EXTERIOR COLOR CHANGES IN THE
COMMERCIAL ZONES AND THE HILLSIDE PLANNED
RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 19th day of April, 1988, hold a duly noticed public hearing which
was continued to May 3 and May 17, 1988, to consider an amendment to the zoning
ordinance to require the review and approval by the architectural commission of
any exterior color changes in the commercial zones and the Hillside Planned
Residential zone; and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Envixorrmental
Quality Act, Resolution No. 80-89, " in that the director of community
development has determined the amendment to be a class 8 categorical exemption;
and
WHEREAS, at said public hearing, upon hearing and considering ail
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning ocamission did find the .following facts and reasons to
exist to justify recommending approval of a zoning ordinance text amendment:
1. The proposed amendment is consistent with the intent of the zoning
ordinance and protects the community health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and 'constitute the
findings of the commission in this case.
2. That it does hereby recommend approval of ZOA 88-2 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 17th day of May, 1988, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD ERWOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
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PLANNIM CC"USSICN RESCLUMON NO. 1
ERHIBIT "A"
Add Section 25.70.070 C
i) In any commercial zone the architectural commission in addition to
reviewing and approving the original building design and color scheme
shall review and approve any future exterior color change.
ii) In the Hillside Planned Residential zone the architectural commission in
addition to reviewing and approving the original buildingg design and color
scheme shall review and approve any future exterior color change.
Approved colors shall closely match and blend with the natural terrain.
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INTEROFFICE MEMORANDUM
y
a0 J, .14 1 ) City of Palm Desert
C \� TO: City Manager and City Council
I p/� FROM: Director of Community Development/Planning
DATE: January 14, 1987
OL•.
SUBJECT: Color Control
Staff has been instructed to examine the feasibility of color control on
repainting of commercial and residential structures.
In this report I shall endeavor to first, identify current procedures and
controls; secondly, focus on the problems, and thirdly, setforth a recommended
course of action.
Color controls can be established and under current procedures all new
construction and major remodels have their colors and materials approved by
the city's architectural commission. Minor remodels and single family
residences are reviewed at the staff level . When an individual is merely
repainting his business or residence there are currently no approvals required.
This procedure is not unusual and is prevalent in cities having architectural
boards ( i .e. Beverly Hills and Santa Barbara) . There are committees which at
one time controlled residential colors in their community limiting them to
white or off-white ( i .e. either Rolling Hills, Roiling Hills Estates or Palos
Verdes Estates) . Some cities have established overlay areas where colors are
limited to a specific hue or range ( i .e. earth tones, brown, off-white or
beige, City of West Covina Civic Center Overlay Zone) .
What generally prevents persons from re-painting their businesses or
residences, what might be considered a loud or garish color, is peer pressure
and good taste. However, since color is a matter of individual taste there
might be occasions that buildings are painted chartreuse and yellow.
Presently, there has been concern raised with repainting of some commercial
buildings to white; and some concern has been raised with homes that have been
painted. But it should be pointed out that there is no universal agreement
that these re-paintings are objectionable. Furthermore, on occasion the
department has found itself on the middle of a neighborhood disagreement in
which the color of one party's home becomes a battle point.
Can the city require permits and approval of structure re-paintings? Yes.
Should such an ordinance be put in place? Well ... .
First of all , because painting permits are not generally required, people will
repaint without thinking twice. So an extensive information program will be
required.
CITY MANAGER AND CITY COUNCIL
COLOR CONTROL
JANUARY 14. 1987
Secondly, while Informing licensed painters may be easy, residents will be
difficult. In addition, unless there is a constant reminder residents will
tend to forget. Finally, even with city approvals It does not assure that
one's neighbor will be happy with the colors authorized.
Thirdly, whenever a permit process and inspection are created, there is an
expectancy that quality of workmanship is part of that inspection process. It .
must be clearly stated that the purpose of the color approval process is not
to assure a quality of workmanship, but rather a specific color. To be blunt,
the city cannot place itself in the position of saying we' ll guarantee a good
quality workmanship.
Staff would strongly recommend that outside of hillside areas that we permit
homeowners associations through their CCSR's to control repainting of
residential areas. In the hillside areas because of one limited number of
units, their potential city-wide impact and virtual impossibility to establish
a homeowner's group.
Recommendation:
In order to resolve some of the concerns that have surfaced recently, the
following ordinance changes could be created:
1 . Require that in the c i ty's commercial zones any change in color must be
approved by the architectural commission.
xe-
2. In the Hillside Planned Residential zones homes us
l fght-brown or-earth-bong., Z,,Cf Zit xa a
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MON A. D^NI AZ
DIRECTOR OF COMM ITY DEVELOPMENT/PLANNING
/tm CITY COUNCIL:, FACTION'
AYE :C/4i1c�r�lr � X%c[�gYcJ1u� u
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Ori.ginal oz iF7.1..: ,. . ...1 i _Ly Cla_•:;: ' 5 Uli :
•.�,L 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 _
TELEPHONE(619)3460611
March 31 , 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 88-2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City
Council of the City of Palm Desert, California, to consider an amendment to the
zoning ordinance to require approval of the architectural commission prior to
changing the color of buildings in the commercial zones and to require
developments in the Hillside Planned Residential zones be colored to blend with
the natural hillside material .
SAID public hearing will be held on Thursday, June 9, 1988, at 7:00 p.m. in the
Council Chamber at the Palm Desert (,ivic,Center, 73-510 Fred Waring Drive, Palm
Desert. California, at which time and place all interested persons are invited
to attend and be heard. If you challenge the proposed act Ions in court, you
may he limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered
to the planning commission (or city councl l) at, or prior to, the publ lc
hearing.
PD111.I5H: Desert Post 5HEILA R. GILLIGAN, City Clerk
May 27, 1988 City of Palm Desert, California
Y INTEROFFICE N[!4DPJe40 JM
i
City of Palm Desert
TO: City Manager and City Council
j Elm: Assistant City Manager/Director of Community Development
DATE: June 23, 1988
SUBJECT: Zoning Ordinance Amendment Relating to Color Control
Per council direction of June 9, please find attached the revised ordinance
deleting reference to color control in the commercial zones.
eXA. D
ASSISTANT CITY n1DIRECTOR OF Ca44UNITY D PME6A
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a
ORDINANCE NO.
j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMMXENT
TO THE ZONING ORDINANCE TEXT, RELATING TO THE
CONTROL OF EXTERIOR COLOR CHANGES IN THE HILLSIDE
PLANNED RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
1
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 9th day of June, 1988, hold a duly noticed public hearing to consider an
amer&,ent to the zoning ordinance to require the review and approval by the
architectural commission of any exterior color changes in the hillside planned
residential zone; and
WHEREAS, said application has crnlmlied 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 community development has
determined the amendment to be a class 8 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the zoning ordinance amendment is consistent with the objectives
of the zoning ordinance.
2. That the zoning ordinance amendment is consistent with the adopted
general plan and affected specific plans.
i
3. That the zoning ordinance amencment would better serve the public
health, safety, and general welfare than the current regulations.
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
consideration of the council in this case.
2. That it does hereby approve Zoning Ordinance Text Amendment 88-2, as
Provided in the attached exhibit, labeled Exhibit "A."
! 3. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
1
ORDINANCE NO.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, this day of 1988, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/tm
I
2
ORDINANCE NO.
EXHIBIT "A"
Add Section 25.70.070 C
i) In the hillside planned residential zone the architectural camLission in
addition to reviewing and approving the original building design and color
scheme shall review and approve any future exterior color change.
l Approved colors shall closely match and blend with the natural terrain.
j /tm
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PROOF OF 1401.11CATION Thisspaceis . theCaunt ;Jerk's Filing Stamo
(2015.S C.C.P.)
_.7
Iv
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
theageof eighteen years, and not a party to Proof of Publication of
or Interested In the above-entitled matter. I
am the principal c(I<rk of.the printer of,the ............................
DESERT POST
.................................................... ............ ......................................
CRY OF PALM DESERT.
r LEGAL NOTICE
. ................................ ....... CASE NO.ZOA W2
a newspaper of general circulation, printed NOTICE IS HEREBY GIVEN that a public hearing will be held be.
fore the City Council of the City of Palm Desert,California,to corn
B i-week 1 y sider an amendment to the zoning ordinance to require approval of
and published .................................. the architectural commission prior to changing the color of build-
• ings f'the commercial zones and to require developments in the
Palm Desert Hillside Planned Residential zones be colored to blend with the na•
In the City Of ........................................................... tural hillside material.
Countyof Riverside, and which news- SAID public hearing will be held on Thursday,June 9.1988,at 7:00
p.m. in the Council Chamber at the Palm Desert Civic Center,
paper has been adjudged a newspaper 73.510 Fred Waring Drive,Palm Desert,California,at which time
of general circulation b the Superior and place all*interested persons are invited to attend and be neard.
g Y If you challenge the proposed actions in court,you may be limited
Court of the County of Riverside, State of to raising only those issues you or someone else raised at the pub-
lic hearing described in this notice,or in written correspondence I
0/5 6 Q delivered to the planning commission(or City council)at,or prior
Calitornla,underthedateof,,,,,,...r t9,,,., to,the Public Hearing,
SHEILA R.GILLIGAN,City Clerk
58 City of Palm Desert,California
836 .
Case Number ..... 58.......; that the notice, (Pub.D.P.May 27.1988)
of which the annexed Is a printed copy (set
In type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
5/27
all In the year 19.88
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. '
Dated at„,Palm .Desert..................
California this..27th..dayof.MaX.., 1988„
Q net e
PfN cnlda of fMl blank(drm MAY kd Ittturld frdln t
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Wen second et., Los Angeles,Calif. 90012
Telaphonet 1213) 625.2541
PIrk9 neve►t Ga Na RAL►lid of Pukllunen
' who"arearinrt Off form.
INTEROFFICE N�I ,
City of Palm Desert
TO: City Manager and City Council
FRCM: Assistant City Manager/Director of Community Development
DATE: June 9, 1988
SUBJECT: ZOA 88-2 Zoning Amendment to Provide Color Control in Specific Zones.
Zoning Ordinance 88-2 if adopted would establish a requirement that prior to
repainting in the commercial zones and hillside planned residential zones that
the colors be approved by the Palm Desert Architectural Commission.
Under current regulations the repainting of an existing commercial building is
left solely to the discretion of the owner. New commercial structures and
remodels have their initial colors approved as part of the city's architectural
review process.
New residences in the hillside area also are subject to color approvals. The
proposed ordinance would establish a criteria that requires homes in this zone
to be colored to blend with the hillside area.
The planning commission at its public hearing of May 17, 1988 recommended
disapproval of the proposed ordinance. The vote on the commercial was 4-1,
while the vote on the hillside portion was 3 to 2.
The main concern of the commission was that the issue of color control was too
subjective, and enforceability.
STAFF RECONMEPIDATION:
While color is subjective, it is done presently on new construction and while
enforceability may be a problem, it can be done administratively. Staff would
rep approval of the proposed amendment.
N A.m, IAZ
ASSISTANT CITY GER/DIRECTOR OF CMv4UNITY DEVELOPMENT
/tm
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMEMWENT
TO THE ZONING ORDINANCE TEXT, RELATING To THE
CONTROL OF EXTERIOR COLOR CHANGES IN THE
COMMERCIAL ZONES AND THE HILLSIDE PLANNED
RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 9th day of June, 1988, hold a duly noticed public hearing to consider an
amendment to the zoning ordinance to require the review and approval by the
architectural commission of any exterior color changes in the commercial zones
and the hillside planned residential zone; 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 community development has
determined the amendment to be a class 8 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony arguments, if any, of all interested persons desiring to be heard,
said city council did find the following facts to justify its action as
described below:
1. That the zoning ordinance amendment is consistent with the objectives
of the zoning ordinance.
2. That .the zoning ordinance amendment is consistent with the adopted
general plan and affected specific plans.
3. That the zoning ordinance amendment would better serve the public
health, safety, and general welfare than the current regulations.
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
consideration of the council in this case.
2. That it does hereby approve Zoning Ordinance Text Amendment 88-2, as
provided in the attached exhibit, labeled Exhibit "A. "
3. The City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effective thirty (30) days after its adoption.
ORDINANCE NO.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, this day of 1988, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN M. BENSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/tm
2
ORDINANCE NO.
E)=IT "A"
Add Section 25.70.070 C
i) In any commercial zone the architectural connission in addition to
reviewing and approving the original building design and color scheme
shall review and approve any future exterior color change.
ii) In the hillside planned residential zone the architectural oomnission in
addition to reviewing and approving the original building design and color
scheme shall review and approve any future exterior color change.
Approved colors shall closely y match and blend with the natural terrain.
/tM
3
CITY OF PALM DESERT
DEPARTMENT OF 0144)NITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: May 17, 1988
CASE NO: ZOA 88-2
RDQUFST: Consideration of an amendment to the zoning ordinance to require
approval by the architectural commission prior to changing the
color of buildings in the commercial zones and to require
development in the Hillside Planned Residential zone be colored
to blend with the natural hillside material.
APPLICANT: City of Palm Desert
I. BACKGROUND:
Staff was instructed to examine the feasibility of color control on
repainting of commercial and residential structures. A brief report, copy
attached, was presented to city council in January 1988.
The result was a council motion directing ordinance changes to be
processed to:
i) Require that in the city's commercial zones any change in color be
approved by the architectural commission.
ii) In the Hillside Planned Residential zone the color of homes must
blend closely with primary terrain color and shall be reviewed by the
architectural commission for approval.
II. DISCUSSION-
Staff has prepared the draft ordinance amendnent to implement the above
noted changes.
Item (i) above is quite clear, the architectural commission will approve,
as it does now, all new buildings and their color and any changes in the
color of any buildings in the commercial zones.
Item (ii) as prescribed by council requires that the color of homes in the
Hillside Planned Residential zone must blend with terrain color and shall
be reviewed by the architectural commission for approval. It is clear
that the goal is to have the hones blend with the natural terrain.
What is not clear is whether a permit procedure will be established in
each of the above cases. Without a requirement that a permit be taken out
after obtaining architectural commission approval the city's enforcement
PC STAFF REPORT
ZOA 88-2
MAY 17, 1988
responsibilities (i.e. to require that the building be painted the color
that was approved) is doubtful.
The city attorney is working on this issue. Depending on how the city
attorney chooses to resolve this problem you may have a subsequent
ordinance amendment before you to allow enforcement of this ordinance.
The purpose in proceeding at this time is to determine if there is support
for an ordinance which would give the architectural commission the
responsibility of reviewing and approving any color change in the
commercial zones and the Hillside Planned Residential zone. If the
ordinance is approved, then the city attorney will have to devise a means
of enforcement. If the ordinance does not pass then no further action is
necessary.
III. ENVIRONRNPAL REVIEW;
The director of community development has determined that the request is a
class 8 categorical exemption and no further review is necessary.
IV. RBOCKIENIDATION•
A. Adoption of the findings;
B. Adoption of Planning Ouwdssioz Resolution No. recommending
approval of ZOA 88-2 to city council.
V. ATTAQHMEWS•
A. Draft resolution.
B. Legal notice.
C. January 14, 1988 report to city council.
Prepared by
Reviewed and Approved by , i
/tm
2
Pl"4DU Oat- SION RESOLUTION NO.
A RESOLUTION OF THE PLANNING CCxMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING
TO THE CONTROL OF EXTERIOR COLOR CHANGES IN THE
COMMERCIAL ZONES AND THE HILLSIDE PLANNED
RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 19th day of April, 1988, hold a duly noticed public hearing which
was continued to May 3 and May 17, 1988, to consider an amendment to the zoning
ordinance to require the review and approval by the architectural commission of
any exterior color changes in the commercial zones and the Hillside Planned
Residential zone; and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental
Quality Act, Resolution No. 80-89, " in that the director of ocmmunity
development has determined the amendment to be a class 8 categorical exemption;
and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning ocamission dial find the following facts and reasons to
exist to justify recommending approval of a zoning ordinance text amendment:
1. The proposed amendment is consistent with the intent of the zoning
ordinance and protects the community health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That it does hereby recommend approval of ZOA 88-2 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 17th day of may, 1988, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD ERWOOD, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/tm
PLANNIM 014-IISSION RESOLUTION NO.
EXHIBIT "A"
Add Section 25.70.070 C
i) In any commercial zone the architectural commission in addition to
reviewing and approving the original building design and color scheme
shall review and approve any future exterior color change.
ii) In the Hillside Planned Residential zone the architectural commission in
addition to reviewing and approving the original building design and color
scheme shall review and approve any future exterior color change.
Approved colors shall closely match and blend with the natural terrain.
/tm
INTEROFFICE MEMORANDUM
City of Palm Desert
CTO: City Manager and City Council
' FROM: Director of Community Development/Planning
1 DATE: January 14, 1987
SUBJECT: Color Control
Staff has been instructed to examine the feasibility of color control on
repainting of commercial and residential structures.
In this report I shall endeavor to first, identify current procedures and
controls; secondly, focus on the problems, and thirdly, setforth a recommended
course of action.
Color controls can be established and under current procedures all new
construction and major remodels have their colors and materials approved by
the city' s architectural commission. Minor remodels and single family
residences are reviewed at the staff level . When an individual is merely
repainting his business or residence there are currently no approvals required.
This procedure is not unusual and is prevalent in cities having architectural
boards ( i .e. Beverly Hills and Santa Barbara) . There are committees which at
one time controlled residential colors in their community limiting them to
white or off-white ( i .e. either Rolling Hills, Rolling Hills Estates or Palos
Verdes Estates) . Some cities have established overlay areas where colors are
limited to a specific hue or range ( i .e. earth tones, brown, off-white or
beige, City of West Covina Civic Center Overlay Zone) .
What generally prevents persons from re-painting their businesses or
residences, what might be considered a loud or garish color, is peer pressure
and good taste. However, since color is a matter of Individual taste there
might be occasions that buildings are painted chartreuse and yellow.
Presently, there has been concern raised with repainting of some commercial
buildings to white; and some concern has been raised with homes that have been
painted. But It should be pointed out that there is no universal agreement
that these re-paintings are objectionable. Furthermore, on occasion the
department has found itself on the middle of a neighborhood disagreement In
which the color of one party's home becomes a battle point.
Can the city require permits and approval of structure re-pajntings? . Yes.
Should such an ordinance be put in place? Well . . .
First of all , because painting permits are not generally required, people will
repaint without thinking twice. So an extensive information program will be
required.
L
CITY MANAGER AND CITY COUNCIL
COLOR CONTROL
JANUARY 14, 1987
Secondly, while informing licensed painters may be easy, residents will be
difficult. In addition, unless there is a constant reminder residents will
tend to forget. Finally, even with city approvals It does not assure that
one's neighbor will be happy with the colors authorized.
Thirdly, whenever a permit process and inspection are created, there is an
expectancy that quality of workmanship is part of that inspection process. It
must be clearly stated that the purpose of the color approval process is not
to assure a quality of workmanship, but rather a specific color. To be blunt,
the city cannot place itself in the position of saying we' ll guarantee a good
quality workmanship.
Staff would strongly recommend that outside of hillside areas that we permit
homeowners associations through their CCSR' s to control repainting of
residential areas. In the hillside areas because of one limited number of
units, their potential city-wide impact and virtual impossibility to establish
a homeowner's group.
Recommendation:
In order to resolve some of the concerns that have surfaced recently, the
following ordinance changes could be created:
1 . Require that In the c i ty's commercial zones any change in color must be
approved by the architectural commission. c _q
2. In the Hi I lside Planned Residential zones. homes �usot—be—e'Ith'ep'—treigee �crr
I fght brown—or-earth-tone..—=-i„z.f:C�. "/I" y,A.r_ / 'wLee �t .tav,
MON A. DIAZ
DIRECTOR OF COMM ITY DEVELOPMENT/PLANNING
/tm CITY COUNCIL ACTION*
F,FPi20J1?1) d/1_0(2d i/"""'
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"• ,Cr 73510 FI1EDWARING DIIIVE.PALM DESERT,CALIFORNIA 92260
TELEPI-IOIJE(619)3-160611 -
March 31, 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE HO. ZOA 88-2
NOTICE 15 HEREBY GIVEN that a public hearing will be held before the City
Councii of the City of Palm Desert, California, to consider an amendment to the
zoning ordinance to require approval of Inc architectural commission prior to
changing the color of buildings in the commercial zones and to require
developments in the if[ I [side Planned Residential zones be colored to blend with
the natural hillside material.
SAID public hearing will be held on Thursday, June 9, 1988, at 7:00 p.m. In the
Council Chamher at the Palm Desert Civic Center, 73-510 Fred Waring Orive, Palm
Desert, Chlitnrnia, at which time and place all Interested persons are invited
to attend and be heard. If you challenge the proposed actions In court, you
may be limited to raising only thnse issues you or someone else raised at the
public hearing dcscrlbed In this notice, or in written correspondence delivered
to the planning commission (or city council) at, or prior to, the public
hearing.
PUBLISH: Desert Post 5111111A R. GILLIGAN, City Clerk
May 27, 19HII City of Palm Desert, California /
: '. Chu
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346-0611
March 31 , 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 88-2
NOTICE 15 HEREBY GIVEN that a public hearing will be held before the City
Council of the City of Palm Desert, California, to consider an amendment to the
zoning ordinance to require approval of the architectural commission prior to
changing the color of buildings in the commercial zones and to require
developments in the Hillside Planned Residential zones be colored to blend with
the natural hillside material .
SAID public hearing will be held on Thursday, June 9, 1988, at 7:00 p.m. in the
Council Chamber at the Palm Desert Civic�Center, 73-510 Fred Waring Drive, Palm -
Desert, California, at which time and place all interested .persons are invited
to attend and be heard. If you challenge the proposed actions in court, you
may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered
to the planning commission (or city council ) at, or prior to, the public
hearing.
PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk
May 27, 1988 City of. Palm Desert, California
f '
CITY OF PALM DESERT
DE:PAR7Mf3dP Or OU4111NITY DEVELOPMENT
S'1'AFF REPORT
TD: Planning Commission
DATE: May 17, 1988
CASE NO: ZOA 88-2
REQUEST: Consideration of an amendment to the zoning ordinance to require
approval by the architectural commission prior to changing the
color of buildings in the commercial zones and to require
development in the Hillside Planned Residential zone be colored
to blend with the natural hillside material.
APPLICANT: City of Palm Desert
I. BACKGROUND:
Staff was instructed to examine the feasibility of color control on
repainting of commercial and residential structures. A brief report, copy
attached, was presented to city council in January 1988.
The result was a council motion directing ordinance changes to be
processed to:
i) Require that in the city's commercial zones any change in color be
approved by the architectural commission.
ii) In the Hillside Planned Residential zone the color of homes must
blend closely with primary terrain color and shall be reviewed by the
architectural commission for approval.
II. DISCUSSION•
Staff has prepared the draft ordinance amendment to implement the above
noted changes.
Item (i) above is quite clear, the architectural commission will approve,
as it does now, all new buildings and their color and any changes in the
color of any buildings in the commercial zones.
Item (ii) as prescribed by council requires that the color of homes in the
Hillside Planned Residential zone must blend with terrain color and shall
be reviewed by the architectural commission for approval. It is clear
that the goal is to have the homes blend with the natural terrain.
What is not clear is whether a permit procedure will be established in
each of the above cases. Without a requirement that a permit be taken out
after obtaining architectural commission approval the city's enforcement
PC STAFF REMRT
ZOA 88-2
MAY 17, 1988
responsibilities (i.e. to require that the building be painted the color
that was approved) is doubtful.
The city attorney is working on this issue. Depending on how the city
attorney chooses to resolve this problem you may have a subsequent
ordinance amendment before you to allow enforcement of this ordinance.
The purpose in proceeding at this time is to determine if there is support
for an ordinance which would give the architectural commission the
responsibility of reviewing and approving any color change in the
commercial zones and the Hillside Planned Residential zone. If the
ordinance is approved, then the city attorney will have to devise a means
of enforcement. if the ordinance does not pass then no further action is
necessary.
III. ENVIRON DHAL RIVIi!Q:
The director of community development has determined that the request is a
class 8 categorical exemption and no further review is necessary.
1V. REOOWFIIIMTION:
A. Adoption of the findings;
B. Adoption of Planning CcYmission Resolution No. recommending
approval of ZOA 88-2 to city council.
V. ATTAC7MI3M:
A. Draft resolution.
B. Legal. notice.
C. January 14, 1988 report to city council.
Prepared by 2�'
Reviewed and Approved by/ /i' �
/tm
2
1-IMMU COr4 LLSSION R1! 0- ICi NO. .
A RESOLUTION OF THE PLANNING COiMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING
TO THE CONTROL OF EXTERIOR COLOR CHANGES IN THE
COMMERCIAL ZONES AND THE HILLSIDE PLANNED
RESIDENTIAL ZONE.
CASE NO. ZOA 88-2
WHEREAS, the Planning Cormission of the City of Palm Desert, California,
did on the 19th day of April, 1988, hold a duly noticed public hearing which
was continued to May 3 and May 17, 1988, to consider an amendment to the zoning
ordinance to require the review and approval by the architectural commission of
any exterior color changes in the commercial zones and the Hillside Planned
Residential zone; and
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental
Quality Act, Resolution No. 130-89, " in that the director of community
development has detenmi.ned the amendment to be a class 8 categorical exemption;
and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planting commission did find the following facts and reasons to
exist to justify recommending approval of a zoning ordinance text amendment: .
1. The proposed amendment is consistent with the intent of the zoning
ordinance and protects the community health, safety and general
welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That it does hereby recommend approval of ZOA 88-2 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 17th day of May, 1988, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: RICHARD ERWOOD, Chairman
RAMON A. DIAZ, Secretary
/tm
PLANNIW3 01-MISSION MiSOLVPION NO.
OUTBIT "A"
Add Section 25.70.070 C
i) In any commercial zone the architectural crnmission in addition to
reviewing and approving the original building design and color scheme
shall review and approve any future exterior color change.
ii) In the Hillside Planned Residential zone the architectural ccmtiission in
addition to reviewing and approving the original building design and color
scheme shall review and approve any future exterior color change.
Approved colors shall closely match and blend with the natural terrain.
/t3n
INTEROFFICE MEMORANDUM
City of Palm Desert
{ TO: City Manager and City Council
I FROM: Director of Community Development/Planning
DATE: January 14, 1987 �•.0
n
SUBJECT: Color Control
Staff has been instructed to examine the feasibility of color control on
repainting of commercial and .residential structures.
In this report I shall endeavor to first, identify current procedures and
controls; secondly, focus on the problems, and thirdly, setforth a recommended
course of action.
Color controls can be established and under current procedures all new
construction and major remodels have their colors and materials approved by
the city' s architectural commission. Minor remodels and single family
residences are reviewed at the staff level . When an individual is merely
repainting his business or residence there are currently no approvals required.
This procedure is not unusual and is prevalent in cities having architectural
boards ( i .e. Beverly Hills and Santa Barbara) . There are committees which at
one time controlled residential colors in their community limiting them to
white or off-white ( i .e. either Rolling Hills, Rolling Hills Estates or Palos
Verdes Estates) . Some cities have established overlay areas where colors are
limited to a specific hue or range ( i .e. earth tones, brown, off-white or
beige, City of West Covina Civic Center Overlay Zone) .
What generally prevents persons from re-painting their businesses or
residences, what might be considered a loud or garish color, is peer pressure
and good taste. However, since color Is a matter of individual taste there
might be occasions that buildings are painted chartreuse and yellow.
Presently, there has been concern raised with repainting of some commercial
buildings to white; and some concern has been raised with homes that have been
painted. But it should be pointed out that there is no universal agreement
that these re-paintings are objectionable. Furthermore, on occasion the
department has found itself on the middle of a neighborhood disagreement In
which the color of one party's home becomes a battle point.
Can the city require permits and approval of structure re-pajntings? Yes.
Should such an ordinance be put in place? Well . . .
First of all , because painting permits are not generally required, people will
repaint without thinking twice. So an extensive information program will be
required.
CITY MANAGER AND CITY COUNCIL
COLOR CONTROL
JANUARY 14, 1987
Secondly, while informing licensed painters may be easy, residents will be
difficult. In addition, unless there is a constant reminder residents will
tend to forget. Finally, even with cityapprovals I PP t does not assure that
one's neighbor will be happy with the colors authorized.
Thirdly, whenever a permit process and inspection are created, there Is an
expectancy that quality of workmanship is part of that inspection process. It
must be clearly stated that the purpose of the color approval process is not
to assure a quality of workmanship, but rather a specific color. To be blunt,
the city cannot place Itself in the position of saying we' ll guarantee a good
quality workmanship.
Staff would strongly recommend that outside of hillside areas that we permit
homeowners associations through their CCBR' s to control repainting of
residential areas . In the hillside areas because of one limited number of
units, their potential city-wide impact and virtual impossibility to establish
a homeowner's group.
Recommendation:
In order to resolve some of the concerns that have surfaced recently, the
following ordinance changes could be created:
I . Require that in the city's commercial zones any change in color must be
approved by the architectural commission.
2. In the Hillside Planned Residential zones homes ust be—L-I't -ep-b2i�e,Yt
I ight--brown; -or-earth-tone-.
MON A. DIAZ
DIRECTOR OF COMM, ITY DEVELOPMENT/PLANNING
/tm ('.TTY COIJI�ICaT, ACTT.OIT:
1., ttCiVF:1) i�.
.. I2xca./rccvC§�I �{_jf.:rf6�C [�1-1
Ali _T i 111
-
2
55
. �• �,l_ a��� (!oulS�t� l'.JII �i�7ila���llll) ���ki���f�15
�.Lr1 73 10 FITED VVAFIING DIIIVE,PA I.Id DESERT,CA LIFORNIA 92266
TELEPI IONE(619)3,16 0611 .
March 31, 1908
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 68-2
NOTICE IS IIEREDY GIVEN that' a Public hearing will be held before the City
Council of the City of Palm Desert, California, to consider an amendment to the
zoning ordinance to require approval of the architectural commission prior to
changing the color of buildings in the commercial zones and to require
develapmcnts in the Hillside Plannurl Residential zones be colored to blend with
the natural hillside material.
SAID public hearing will be held on Thursday, ,rune 9, 1908, at 7:00 p.m. In the
Council Chamber at the Palm Desert Civic Center. 73-510 Fred Waring Drive, Palm
Desert, California, at which time and place all Interested persons are Invited
to attend and Le. heard. IF you Challenge the proposed actions In court, you
may he limited to raising only lhnse issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered
to the planning commission (or city council) at, or prior to, the public
hearing,
FIRM ISH: hesrrt Post SHLILA R. GILLIGAN, City Clerk
hay 27, 19HH City of Palm Desert, California
i
f �
MIIdI1PFS
PAIM DESERT PLAWM COWESSION
MAY 3, 1988
Commissioner Richards and Commissioner Dams volunteered to serve on
the committee.
Chairman Erwood noted a correction on page 6 paragraph 9 of the
agreement from 660 units to 612. Ms. Allen indicated that she would
have it corrected.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission. They did not. Chairman
Erwood asked for a motion of continuance.
Mr. Diaz noted that a letter of opposition has been received from the
Chaparral Homeowners Association.
Action:
Moved by Commissioner Downs, seconded by Commissioner Richards,
continuing this matter to Jura 7, 1988 and appointing Commissioners
Downs and Richards to serve on the subcommittee. Carried 5-0.
B. Continued Case No. 7.OA 88-2 - CITY OF PAIM DESERT, Applicants
Request for consideration of an amendment to the
zoning ordinance to require approval of the
architectural commission prior to changing the
color of buildings in the commercial zones and to
require development in the Hillside Planned
Residential zone be colored to blend with the
natural hillside material.
Mr. Diaz stated that as indicated in the report, this review of the
zoning ordinance was generated by concern received due to the
inability to control colors. This amendment would establish specific
requirements that a unit must blend in with the hillside and conform
to commercial areas.
MR. SANDY BAUEI, 45-800 Deep Canyon Drive, stated that if this is
going to be done, a specific color pallet should be selected.
He noted that colors are subjective and felt that some
restraints were getting out of hand.
Commissioner Richards stated that he had similar views and felt all
stages should be considered carefully before anything is done.
3
II
MII�
PALM DESERT PLAPIIMG COMA MION
MAY 3, 1988
Commissioner Downs indicated that hillsides and the commercial area
should be separate issues.
Commissioner Richards stated that if E1 Paseo wanted to do something
with E1 Paseo, fine, but the city should not get involved.
Mr. Diaz explained that on new buildings the architectural commission
sees the color; the problem is with repainting. He stated that he
shares the concerns raised and that- will be addressed in the staff
report. th�e�!
Action: f
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
continuing ZOA 88-2 to May 17, 1988. Carried 5-0.
VIII. 14ESCELLANEOW
A. Case Nos. OPA 84-3 and C/Z 84-18.
Consideration of reaffirmation of January 15,
1985 Resolution No. 1024.
Mr. Diaz explained that this matter had been previously approved by
the planning commission and had received first reading by the city
council, but was postponed from second reading due to the north
sphere studies. He indicated that staff was requesting a minute
motion reaffirming approval of Resolution No. 1024.
Commissioner Richards reviewed the background of the previous
approval and indicated that it was a routine matter.
Action:
Moved by Commissioner Richards, seconded by Commissioner Ladlow,
reaffirming adoption of Planning Commission Resolution No. 1024.
Carried 5-0.
IX. ORAL CCM41NICATICNS
None.
X. COMMENTS
Mr. Diaz informed commission that two members of the commission were
needed for a task force connittee to discuss architectural design
4
/ INTEROFFICE MEMORANDUM
�, r City of Palm Desert U" 1
TO: City Manager and City Council
' FROM: Director of Community Development/Planning
DATE: January 14, 1987
SUBJECT: Color Control
Staff has been instructed to examine the feasibility of color control on
repainting of commercial and residential structures.
In this report I shall endeavor to first, Identify current procedures and
controls; secondly, focus on the problems, and thirdly, setforth a recommended
course of action.
Color controls can be established and under current procedures all new
construction and major remodels have their colors and materials approved by
the city's architectural commission. Minor remodels and single family
residences are reviewed at the staff level . When an individual is merely
repainting his business or residence there are currently no approvals required.
This procedure is not unusual and is prevalent in cities having architectural
boards ( i .e. Beverly Hills and Santa Barbara) . There are committees which at
one time controlled residential colors in their community limiting them to ,
white or off-white ( i .e. either Rolling Hills, Rolling Hills Estates or Palos
Verdes Estates) . Some cities have established overlay areas where colors are
limited to a specific hue or range ( i .e. earth tones, brown, off-white or
beige, City of West Covina Civic Center Overlay Zone) .
What generally prevents persons from re-painting their businesses or
residences, what might be considered a loud or garish color, is peer pressure
and good taste. However, since color is a matter. of individual taste there
might be occasions that buildings are painted chartreuse and yellow.
Presently, there has been concern raised with repainting of some commercial
buildings to white; and some concern has been raised with homes that have been
painted. But it should be pointed out that there is no universal agreement
that these re-paintings are objectionable. Furthermore, on occasion the
department has found itself on the middle of a neighborhood disagreement in
which the color of one party's home becomes a battle point.
Can the city require permits and approval of structure re-paintings? Yes.
Should such an ordinance be put in place? Well . . .
First of all , because painting permits are not generally required, people will
repaint without thinking twice. So an extensive information program will be
required.
i I
CITY MANAGER AND CITY COUNCIL
COLOR CONTROL
JANUARY 14, 1987
Secondly, while Informing licensed painters may be easy, residents will be
difficult. In addition, unless there is a constant reminder residents will
tend to forget. Finally, even with city approvals it does not assure that
one's neighbor will be happy with the colors authorized.
Thirdly, whenever a permit process and inspection are created, there is an
expectancy that quality of workmanship is part of that inspection process. It
must be clearly stated that the purpose of the color approval process is not
to assure a quality of workmanship, but rather a specific color. To be blunt,
the city cannot place itself in the position of saying we' ll guarantee a good
quality workmanship.
Staff would strongly recommend that outside of hillside areas that we permit
homeowners associations through their CC8R' s to control repainting of
residential areas. In the hillside areas because of one limited number of
units, their potential city-wide impact and virtual impossibility to establish
a homeowner's group.
Recommendation:
In order to resolve some of the concerns that have surfaced recently, the
following ordinance changes could be created:
1. Require that in the city's commercial zones any change in color must be
approved by the architectural commission. —y
2. In the Hillside Planned Residential zones homes ge
I ight b,
i,�NA. DIAZ
DIRECTOR OF COMM ITY DEVELOPMENT/PLANNING
/tm CITY CCTjNC.I.'_: ACTT.0N'
A
AYE:S{-c X L/l�Lf [Uc t7��G/. cO A -
tiC7ES
Ar3S,vA.i
VER.1: i ! *U _ /R-
origindl
2
INTEROFFICE NEPURANDU4
City of Palm Desert
TO: Planning Commission
FROM: Steve Smith, Associate Planner
DATE: May 3, 1988
SUBJECT: ZOA 88-2
Staff is still discussing enforcement ramifications regarding control of colors
in the hillside and oc mtercial zones with the city attorney's office. We would
request a further continuance to May 17, 1988, at which time we should have the
full report and draft ordinance for your consideration.
STEPHEN R. SMITH
ASSOCIATE PLANNER
/tm
w
ti MINUTES
PALM DESERT PLAMING 0144 SSICN
APRIL 19, 1988
1
building would bring strength to the street with the
modifications.
I
j Commissioner Ladlow asked Mr. Grotbeck where he would place the
business names/identification signs. Mr. Grotbeck stated that he
hoped it would be over the first flat surface. He felt the developer
would work with the individual tenants and the association would keep
I an eye on it. Commissioner Ladlow asked if the E1 Paseo Business
i Association has a certain code for windows and signs. Mr. Grotbeck
replied that he had spoken to Bruce Altman and Jean Benson on
I
developing a manual with standards for El Paseo.
Chairman Erwood asked if anyone present wished to speak in
OPPOSITION. There being no one, the public testimony was closed.
i
Crnmissioner Whitlock stated that based on the information received,
i she was in favor of a motion for approval. Commission concurred.
i
Action:
I Moved by Commissioner Whitlock, seconded by Chairman Erwood, adopting
the findings as presented by staff. Carried 2-1 (Commissioner Ladlow
! voted no. )
Moved by Commissioner Whitlock, seconded by Chairman Erwood, adopting
Planning Cammissioz Resolution No. 1285, approving PP 88-3, subject
to conditions as amended. Carried 2-1 (Commissioner Ladlow voted
no. )
D. Case No: ZOA 88-2I- CITY OF PALM DESERT, Applicants
Request for consideration of an amendment to the
zoning ordinance to require approval of the
architectural commission prior to changing the
color of buildings in the commercial zones and to
require development in the Hillside Planned
Residential zone be colored to blend with the
natural hillside material.
Mr. Drell explained that staff was requesting a continuance to May 3,
1988.
Chairman Erwood opened the public testimony and asked if anyone
present wished to speak in FAVOR or OPPOISITION to the proposal.
There was no one.
4
i
MUNUrES
PALM DESERT PL.AMING OCMMISSION
APRIL 19, 1988
Action:
Moved by Commissioner Ladlow, seconded by Commissioner Whitlock,
continuing ZOA 88-2 to May 3, 1988. Carried 3-0.
Vill. MISCELLANEOUS
A. Request for Director's Modification Clarification for the Villas
(fommerly Desert Falls).
Mr. Drell explained the applicant's request, which was to build more
two story town houses. Commissioner Whitlock asked about the
setbacks and Mr. Drell replied that it would be about double
(approximately 40 feet) and noted that the building sides would face
the street. He asked if the commission felt this was something that
would warrant a public hearing.
Chairman Erwood asked if open space would be increased. Mr. Drell
replied no.
Commissioner Ladlow asked if this was just the beginning or only one,
and expressed concern that this might be starting a precedent. Mr.
Drell explained that it was not unusual for a developer to request a
modification after construction had begun.
Chairman Erwood stated that three to five may not be that unusual,
but expressed concern about producing a piece-meal project and did
not want to give the impression that anytime a developer acmes in
with a change it would be a director's modification. He also
mentioned that approval had been given at the last meeting for a
similar change that was approved because the parties effected were in
favor of the change. He indicated that if the developer were to ocme
back with yet another change, he would be leery of approving it.
Mr. Drell indicated that if this is a new overall philosophy for the
project then the developer could make changes throughout the project
and came back to the oamdssion.
MR. MARK TEMPLE addressed the commission and stated that they
were making changes as they go as the market dictates. He
suggested that if commission wished to they could condition
approval upon concurrence by the adjacent land owners.
Commissioner Whitlock noted that the change in this phase would
reduce the density from 6.5 to 6 and asked if Mr. Temple would try to
5
PROOF OF PUBLICATION This space Is for the County Clerk's Filing Stamp
(201S.S C.C.P.)
STATE OF CALIFORNIA,
County of Riverside
1 am a citizen of the United SfaJes 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 CASE NO. ZOA 88-2
am the principal cf8rk of,the printer of the ..........................................................
DESERT POST
.................................................... w
r• ..
CITY OF PALM DESERT ;
.................................................... LEGAL NOTICE
a newspaper of general circulation, printed CASE NO.ZOA88-2 a R _
NOTICE IS HEREBY GIVEN that a public hearing will be held be-
81-week 1 y fore the Palm Desert Planning Commission to consider an dmend-
and published .................................. ment to the zoning ordinance to require approval of the architec
tural commission prior to changing the color ofbulldings jn the 1+
Palm Desert commercial zones and to require developments in the Hillside
In the City of ............................. Planned Residential zonesbe colored to blendwith the natural hill-
Countyof Riverside, and Which news- side material. _
SAID public hearing will be held on Tuesday,April 19,1988,at 7:00
paper has been adjudged a newspaper p.m. in the Council Chamber at the Palm Desert Civic Center,
73-510 Fred Waring Drive, Palm Desert,California,at which time
of general circulation by the Superior and place all interested persons are invited to attend and be heard,
Court of the County of Riverside, Stale of Il you challenge the proposed actions In court,you may beiimited
to raising only those issues you or someone else raised at the pub- +
lic hearing described in this notice,or in written correspondence
California,under the dale of„1 0/5,, 1964,, delivered to the planning commission(or city council)at,or prior i
to,the public hearing. llil
RAMON A.DIAZ,Secretary
133658
Case Number . 36.58... . .. that the not Ice, Palm Desert Planning Commission
of which the annexed Is a printed copy (set (Pub.D.P.April B,1988)
In type not smaller than nonpareil), has
been published In each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
4/8
....................................................
all in the year 19.88.
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at... alm Desert
.......................
California,,,this.,8th dayof.."H; 19B8„
.. . .a1Zrls1 .aki � Cts/f G���vf3rY�r�
0 SF net re
ferN sepias of Ihb blank form may be secured from I
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
120 Well Seeond 61., Los Angeles, Calif. 90012
Telephone: (213) 625.2541
►laau foRuesf 011MERAL Proof of Publltallon
when orderine this form.
CITY OF PALM DESERT
D, M ENT OF OCKKK]NITY DEVEfAMN.
STAFF EST
TO: Planning Camxi.ssion
DATE: April 19, 1988
CASE NO: ZOA 88-2
REQUEST: Consideration of an amendment to the zoning ordinance to
require approval of the architectural commission prior to
changing the color of buildings in the commercial zones and to
require development in the Hillside Planned Residential zone be
colored to blend with the natural hillside material.
DISCUSSION:
Staff intended to have a full report for cc mission's consideration. At this
time, however, when we got into this matter it became evident that there were
some problem areas. Specifically, the proposed amendments are requiring color
approvals, however, they would not be connected with any permit process and as
such enforcement would be difficult.
We have requested the city attorney to investigate and report on the best
means of achieving the goals and limiting enforcement problems.
RECOMMENDATION:
That Case ZOA 88-2 be continued to Tuesday, May 3, 1988 at 7:00 p.m.
Prepared by
Reviewed and Approved by
SRS/tm
y
73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260
TELEPHONE(619)346-0611
March 31 , 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 88-2
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert Planning Commission to consider an amendment to the zoning ordinance to
require approval of the architectural commission prior to changing the color
of buildings in the commercial zones and to require developments in the
Hillside Planned Residential zones be colored to blend with the natural
hillside material .
SAID public hearing will be held on Tuesday, April 19, 1988, at 7:00 p.m. in
the Council Chamber at the Palm Desert q vic Center, 73-510 Fred Waring Drive,
Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. If you challenge the proposed actions in
court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission (or city council.) at, or
prior to, the public hearing.
PUBLISH: Desert Post RAMON A. DIAZ, Secretary
April 8, 1988 Palm Desert Planning Commission