HomeMy WebLinkAboutZOA 88-3 FENCE/WALL LOCATIONS 1988 ,.. s ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OOUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA APPROVING A ZONING
ORDINANCE ANI MIE NT RELATING TO FENCE AND WALL
LOCATION, HEIGHT AND MATERIALS.
CASE NO: ZOA 88-3
WHEREAS, the City Council of the City of Palm Desert, California did on
the llth day of August hold a duly noticed public hearing to consider amendment
to zoning ordinance section 25.56 relating to wall location, height, and
materials.
WHEREAS, said amendment has canplied 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 cammuiity development has
determined the amendment to be a class 5 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
city council did find the following facts and reasons to exist to recamiend
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 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
findings of the cartaission in this case.
2. That it does hereby approve ZOA 88-3 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 8th day of September, 1988 by the following vote, to
wit:
AYES: BENSON, CRITES, SNYDER, WILSON
NOES: NONE
ABSENT: NONE
ABSTAIN: KELLY
JEAN M. BENSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
ORDIM E NO. 557
EXHIBIT "A"
DELETE 25.56.190 D
ADD SECTION 25.56.195 Standards for walls and fences within or adjacent to
R-1 single family zones.
I. PURPOSE:
The following wall and fence development standards specifying location,
material and review procedures are designed to remove all ambiguity and
achieve consistency throughout the city. The objective is to protect and
reconcile the often conflicting goals of aesthetics, privacy, seosity,
view sight lines and drainage.
II. REVIEW PROCEDURES:
A. All applications for fences and walls shall be subject to on-site
inspection prior to approval. Non-retaining walls shall require
approval by both the departnent of omuuni.ty development and building
and safety. In addition, retaining walls will require approval by
the department of public works.
III. WALL REQUIREMENT NEW RESIDENTIAL CONSTRUCTION:
All new residential construction shall include walls or fences minimum
five (5) feet in height enclosing rear and interior side yards.
IV. DEVELOPMENT STANDARDS:
A. Walls and fences within front and street side setbacks.
1. Fences under 48" in height.
a. Location - may be located on property line but shall be a
minimum of 7 feet from face of curb.
b. Material - must be decorative material including decorative
blocks, stucco, wood split rail, open picket, or wrought
iron.
2
ORDINANCE NO. 557
2. Fences 48" to 72" in height.
a. Location - within front yard setback must be a minimum of
15 feet from face of curb. Within street side yards or
rear years fronting on a public street m;nim im of 12 feet
from face of curb. Site inspection shall insure that
visibility adjacent to driveways and street corners shall
not be impaired. (Reference Code Section 25.56.200. )
b. Material - decorative block, stucco, or wrought iron.
B. Wall and fences at or behind building setbacks to a maximum of 72"
in height.
1. Side yard tie-in fences, interior side yard and rear yard
fences visible from a public right-of-way.
Materials:
a. Decorative block
b. Precision block stuccoed or painted to match house.
C. Redwood, cedar or other approved decay resistant wood
product.
d. Wrought iron.
2. Interior rear and side yard fences not visible from the public
right-or-way-
Materials:
a. Block - all types.
b. Redwood, cedar or other approved decay - resistant wood
product-
C. Wrought iron.
C. Retaining walls and combinations of retaining and wrought iron
fencing.
1. Retaining and combination walls located on a rear or interior
side property line associated with a cut slope shall be a
maximum of 6 feet in height measured from the highest adjoining
grade. Material standards in Section A shall apply.
2. Retaining and combination wall on rear or interior side yards
associated with a fill slope shall be limited to a maximum of 6
feet in height of solid wall material as measured from the
lowest adjacent grade. A combination of solid and open wrought
iron fencing shall not exceed 9 feet in height as measured from
3
—ORDINANCE ND. 557
the lower adjacent grade. The maximum combination fence height
measured from the higher adjacent grade shall not exceed 6
feet. In addition, department of public works shall refer to
ordinances 514 amending Title 27 (the grading ordinance) as it
applies to mitigating adverse impacts of fill conditions.
3. Where a fill slope retaining wall is proposed adjacent to a
vacant lot which does not currently meet the city's grading
ordinance, the city engineer shall determine the lower adjacent
grade based upon an assessment of the minimum grade required on
that vacant lot to meet the grade elevation drainage
requirements.
D. Maintenance of Non-conforming fences.
Normal maintenance of non-conforming fences shall be permitted to
preserve a quality appearance. Major structural repairs or
replacement shall be required to conform to the above location and
material standards.
E. The construction of tennis court fencing greater than 6' in height
or use of chain link shall be subject to a conditional use permit.
V. EXCEPTIONS PROCEDURES:
Requests for exceptions to the above standards may be brought before the
Palm Desert Architectural Commission. For an exception to be approved,
the architectural commission must make a finding that unusual
circumstances exist which make the literal interpretation and enforcement
of the standards impractical or contrary to the purpose of this ordinance
and that the exception shall not result in damage to adjacent properties.
Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the architectural commission
meeting.
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MINUTES
PRIM DESERT PLANNING CC LLSSICN
JULY 5, 1988
F. CASE N0 ZCi 88-3 - CITY OF PALM DESERT, Applicant
An amendment to Palm Desert Zoning Ordinance, Section 25.56.190 D,
relating to height, location, and materials for fences.
Phil Drell summarized the staff report.
Chairman EYwood opened the public testimony and asked if anyone present
wished to speak in FAVOR of or OPPOSITION to the proposed.
Commissioner Richards said he does not think we should have
ordinances at all; if there must be, let the city council decide.
Chairman Elwood closed public testimony.
Action
Moved by Ccnvdssicner Richards, seconded by Chairman Erwood that this
item be passed on to the city council with "No comment. "
Cannissioners Dawns and Whitlock opposed.
Moved by Camiissioner Dawns, seconded by Commissioner Whitlock,
adopting the findings as presented by staff.
Carried 3-2.
Moved by Commissioner Whitlock, Seed by Cannissioner Dams,
adopting Planning Commission Resolution No. 1297, recommending to
city council adoption of ZOA 88-3. CARRIED 3-2.
G. CASE NO. CUP 88-3 - CITY OF PALM DESERT (Desert Cities Baptist
Q=-ch), applicant
Request for approval of a negative declaration of environmental
impact and a conditional use permit to allow the operation of a
church facility on 2.47 acres +/- located west of the Palm Valley
Channel just southerly of the projection of Green Way. The parcel is
presently owned by the Coachella Valley Parks and Recreation District
and is referred to as the Palm Desert Community Center.
Mr. Diaz presented the staff report stating in part that this is the
culmination of a series of exchange agreements whereby Desert Cities
Baptist Church would be using the Palm Desert Commnity Center. A
conditional use permit is before you today. We believe the requirements
for this conditional use permit are met. The access utilized by residents
through the lot will continue but not in the same configuration as before.
Presently, these properties receive access directly through the lot of the
9
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: July 5, 1988
CASE NO: ZOA 88-3
SUBJECT: Amendment to Zoning Ordinance 25. 56. 190 D relating
to height, location, and materials for fences.
I. BACKGROUND•
Over the past several years, numerous controversies have
arisen concerning the impact of fences. Of special concern
has been combinations of retaining and garden walls over six
feet and fences in front yards.
The zoning ordinance briefly refers to fences in Section
25. 56. 190 D:
D. Fences, walks, driveways and retaining walls may
occupy a required yard, subject to limitations in
Section 25. 55. 200 (Corner sight obstructions) and
l Section 25. 56.300 . . . The height of a fence or a
wall used as a fence shall be measured from the
higher finished grade adjourning the fence or
wall.
Some interpretations of these provisions has led to 6-foot
block walls on front property lines creating a bare fortress
appearance and combination retaining/garden walls over 10
feet in height.
Staff has attempted to resolve potential neighborhood
conflicts by requiring fence builders to obtain approval
from adjacent property owners where problems are
anticipated. This has led to inconsistent application of
the ordinance.
-The proposed wall and fence development standards specifying
location, material and review procedures are designed to
remove all ambiguity and achieve consistency throughout the
city. The objective is to protect and reconcile the often
conflicting goals of aesthetics, privacy, security, view
sight lines and drainage.
i
PLANNING COMMISSION STAFF REPORT
CASE NO. ZOA 88-3
JULY 5, 1988
II. RECOMMENDATION:
Approve findings and adopt Planning Commission Resolution
No. recommending to city council ap
proval Of ZOA 88-3.
III. ATTACHMENTS:
A. Draft resolution.
Prepared by
Reviewed and Approved by
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2
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PLANNING COMMISSION RESULUTION NO.
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 FENCE AND WALL LOCATION, HEIGHT AND
MATERIALS.
CASE NO. ZOA 88-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of July, 1988, hold a duly
noticed public hearing to consider amendment of zoning ordinance
section 25. 56 relating to wall location, height, and materials.
WHEREAS, said amendment 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 community development has determined the
amendment to be a class 5 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 . 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 88-3 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 5th of July, 1988,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RICHARD ERWOOD, Chairman
RAMON A. DIAZ, Secretary
a.
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Delete 25. 56. 190 D
Add Section 25. 56. 195
I . PURPOSE
The following wall and fence development standards
specifying location, material and review procedures are
designed to remove all ambiguity and achieve consistency
throughout the city. The objective is to protect and
reconcile the often conflicting goals of aesthetics,
privacy, security, view sight lines and drainage.
II . REVIEW PROCEDURE
A. All applications for fences and walls shall be subject
to on-site inspection prior to approval. Non-retaining
walls shall :require approval by both the department of
community development and building and safety. In
addition, retaining walls will require approval by the
department of public works.
III . WALL REQUIREMENT NEW RESIDENTIAL CONSTRUCTION
All new residential construction shall include walls or
fences minimum five ( 5 ) feet in height enclosing rear and
interior side yards.
IV. DEVELOPMENT STANDARDS
A. Walls and fences within front and street side setbacks.
1. Fences under 48" in height.
a. Location - may be located on property line
but shall be a minimum of 7 feet from face of
curb.
b. Material - must be decorative material
including decorative blocks, stucco, wood
split rail, open picket, or wrought iron.
2
i
PLANNING COMMISSION RESOLUTION NO.
2. Fences48" to 72" in height.
a. Location - within front yard setback must be
a minimum of 15 feet from face of curb .
Within street side yards or rear yards
fronting on a public street minimum 12 feet
from face of curb. Site inspection shall
insure that visibility adjacent to driveways
and street corners shall not be impaired.
(Reference Code Section 25. 56.200. )
b. Material - decorative block, stucco, or
wrought iron.
B• Wall and fences at or behind building setbacks to a
maximum of 72" in height.
1• Side yard tie-in fences, interior side yard and
rear yard fences visible from a public right-of-
way.
Materials:
a. Decorative block.
b. Precision block stuccoed or painted to match
house.
C. Redwood, cedar or other approved decay-
resistant wood product.
d. Wrought iron.
2. Interior rear and side yard fences not visible
from the public right-of-way.
Materials:
a. Block - all types.
b. Redwood, cedar or other approved decay-
resistant wood product.
C. Wrought iron.
3
PLANNING COMMISSION RESOLUTION NO.
C. Retaining walls and combinations of retaining and
wrought iron fencing.
1 . Retaining and combination walls located on a rear
or interior side property line associated with a
cut slope shall be a maximum of 6 feet in height
measured from the highest adjoining grade .
Material standards in Section A shall apply.
2. Retaining and combination walls on rear or
interior side yards associated with a fill slope
shall be limited to a maximum of 6 feet in height Of solid wall material as measured from the lowest
adjacent grade. A combination of solid and open
wrought iron fencing shall not exceed 9 feet in
height as measured from the lower adjacent grade.
The maximum combination fence height measured from
the higher adjacent grade shall not exceed 6 feet.
In addition, department of
Public works refer to ordinances 514 amending Title 27s (the
grading ordinance ) as it applies to mitigating
adverse impacts of fill conditions.
3. Where a fill slope retaining wall is proposed
adjacent to a vacant lot which does not currently
meet the city ' s grading ordinance, the city
engineer shall determine the lower adjacent grade
based upon an assessment of the minimum grade
required on that vacant lot to meet the grade
elevation drainage requirements.
D. Maintenance of non-conforming fences.
Normal maintenance of non-conforming fences shall be
permitted to preserve a quality appearance . Major
structural repairs or replacement shall be required to
conform to the above location and material standards.
V. OPTIONAL SECTIONS
Exceptions Procedure (Option 1 )
Requests for exceptions to the above standards may be
brought before the Palm Desert Architectural Commission.
For an exception to be approved, the architectural
commission must make a finding that unusual circumstances
exist which make the literal interpretation and enforcement
of the standards impractical or contrary to the purpose of
4
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PLANNING COMMISSION RESOLUTION NO.
this ordinance and that the exception shall not result in
damage to adjacent properties. Property owners adjacent to
the proposed exception shall be informed of the application
at least 10 days prior to the architectural commission
meeting.
Exception Procedure (Option 2 )
Exceptions to the above standards shall be subject to the
hearing and findings requirements of Chapter 25 . 78
(variances and Adjustments) .
PD:rlw
5
PROOF OF PU ICATION This space Is for . :County Clerk's Filing Stamp
�y �y(2015.5C.C.P,.�))
JUN 2 4 1988
STAT CAh,IFOi,,; it CEl'JE^,
� hEu ? oq. ,1LN R,t: ANr
County ofITR6vf''t5id@Ear "'
� . ��l I J 2Ef
CITY OF PALM DESERT
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or interested in the above-entitled matter. I CASE NO . ZOA 88-3
am the principal clerk of the printer of the ..........................................................
DESERT POST
.................................................... ......,.................
CIT .OF�PALNI.;DESEPT `j
LEOALgNOTICE ..
a newspaper of general circulation; printed CASE TiOfZ0�6at
NOTICE IS EREBY�gIVEN�hat a"a'�public hBaiing wi be heW before 1h
.aim Desert Plenni �Certunl's`ai'011.'' ,Ip consider mendment o
B 1-Week 1 y Zon�olajn ce SecW 25. '190 D reItifl g to egret, o�ca an red
andpublished .................................. materials.for,�((ences
SAID OublicFiearirig vA b heW On�uesday, uty .>.988• 1 'Wf p.
P a 1 m Desert a tthhe�Cbuncil Ch�mbe�l��eyaim I)m Olvic Center,7& 10 etl
In the City Of .................................. Waring Orive!Palri Desen.California vwhic�lime'(intl pia 11 nter
esI- pars re invne"d o attin-d n be heara.If of c ......fit
County of Riverside, and which news- +
proposearections iy;ycrt ay�,be imuedAo�i Ong s
paper has been adjudged a newspaper sloe M, 5omeona elaa sad at hap hearwg desc
of general circulation by the Superior hi3 ice. 1-,itten correspo dense de�(ed(o he pia n c
n missio (. c t
Court of the County of Riverside, State of sou c If at or poo mgr o the pubhc}tear RAMOJA ing seta
Pat Dee Pia n n fission
California, under the date of,.10/5 1964 ne 4• 19e81 i
Case Number 83658.......; that the notice,
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:
6/24
....................................................
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...�hdayof.�une 1988
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 GENERAL Proof of Publication
when orderinq this form.
CITY OF PALM DESERT
TRANSPUTM LETTER
TO: Honorable Mayor and cit
y Council
RBRUFST: Review of amendment to Palm Desert
ZoningOrdinanceSection25.56.190 D. rela ting to height location materials for fences
With'
n or adjacent to R-1 single family zones.
APPLICANT: CITY OF PALM DESERT
CASE NO: ZOA 88-3
DATE: August 11, 1988
I. C1TEM:
A. Staff r'eccmTendation
B. Discussion
C. Ordinance No.
D. Planning Cbnmission Minutes involving
F. Relay�ssiaz Staff Report dated JgI Y 5 ARR 3
ps and/or exhibits Jul 5
II. STAFF R TICN:
Waive further reading and pass to second reading.
III. DISCUSSION:
Over the past several years, numerous Controversies have arisen
conceming
impact of fences. Of special concern has been combinations of re
taining
and garden walls over six feet and fences in front yards.
The zoning Ordinance briefly refers to fences in Section 25.56.190 D:
D. Fences, walks driveways and retaining walls may occupy a required
Yard, subject to limitations in Section 25.55.200 (Corner sight
obstructions) and Section 25.56.300 The height of a fence or a
wall
grade adjourning
as a fence shall be measured from the higher finished
jou nning the fence or wall.
Some interpretations of these provisions has led to 6-foot block walls on
front Property lines creating a bare fortress appearance and canbination
retaining/garden walls over 10 feet in height.
I.
CITY COUNCIL STAFF REPORT
CASE NO. ZOA 88-3
AUGUST 11, 1988
Staff has attempted to resolve Potential neighborhood conflicts by
requiring fence builders to obtain approval from adjacent property owners
where Problems are anticipated. This has led to immnsistent application
of the ordinance.
The Proposed wall and fence development standards specifying location,
material and review procedures are designed to remove all ambiguity and
achieve consistency throughout the city. The objective is to Protect and
reconcile the often conflicting goals of aesthetics, privacy, security,
view sight lines and drainage.
At the July 5, 1988, hearing, the Planning Commission forwarded the
amendment to the City Council without comment.
Prepared by
Reviewed and Approved by
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2
ORDINMCE NO. •
EXHIBIT "A"
DELETE 25.56.190 D
ADD SECTION 25.56.195 Standards for walls and fences within or adjacent to
R-1 single family zones,
I. PURPOSE:
The following wall and fence development
ing
material and review procedures are designed to remove lotion,
achieve consistency throughout the ci ambiguity and
reconcile the often conflictings The objective is to protect and
view sight lines and drainae. goals of aesthetics, privacy, security,
e.
II. REMM pROCEDM:
A. All applications for fences and walls shall be subject to on-si.te
aap�by both to the a1• Non-retaining walls shall require
and safety. In the det of fit, development and building
retaining walls will by
the depar rant of public works. require approval
III. WALL MVJIRIIENYT NEW RESIDENTIAL CC'SnM-rION:
All new residential construction sha11 include walls or fences minimum
five (5) feet in height enclosing rear and interior side yards.
IV. DEVELOPMEW STANDARDS:
A. Walls and fences within front and street side setbacks.
1. Fences under 48" in height.
a. Location - may be located on property line but shall be a
minimum of 7 feet from face of curb.
b. Material - must be decorative material including decorative
blacks, stucco, wood split rail, open picket, or wrought
2
1
CMINAN E ND.
2. Fences 48" to 72" in height.
a. Location - within front yard setback must be a minimum of
15 feet from face of curb. Within street side yards or
rear years fronting on a public street minimum mi m, of 12 feet
from face of curb. Site inspection shall insure that
visibility adjacent to driveways and street corners shall
not be impaired. (Reference Code Section 25.56.200. )
b. Material - decorative block, stucco, or wrought iron.
B. Wall and fences at or behind building setbacks to a maximum of 72"in height.
1. Side yard tie-in fences, interior side yard and rear yard
fences visible from a public right-of-way.
Materials:
a. Decorative block
b. Precision block stuccoed or painted to match house.
C. Redwood, cedar or other approved
product. decay resistant wood
d. Wrought iron.
2• Interior rear and side yard fences not visible from the public
right-or-way.
Materials:
a. Block - all types.
b. Redwood, cedar or other approved decay - resistant Food
product.
C. Wrought iron.
C. Retaining walls and combinations of re
fencing. taining and wrought iron -
1. Retaining and combination walls located on a rear or interior
side property line associated with a cut slope shall be a
maximum of 6 feet in height measured from the highest adjoining
grade. Material standards in Section A shall apply.
2. Retaining and combination wall on rear. or interior side yards
associated with a fill slope shall be limited to a maximum ar 6
feet in height of solid wall material as measured from the
lowest adjacent grade. A combination of solid and open wrought
e
ing shall not exceed 9 feet in height as measured from
3
i
ORDINANCE NO.
the lower adjacent grade. The maximum combination fence height
measured from the higher adjacent grade shall not exceed 6
feet. In addition, department of public works shall refer to
ordinances 514 amending Title 27 (the grading ordinance) as it
applies to mitigating adverse impacts of fill conditions,
3. Were a fill slope retaining Wall is proposed adjacent to a
vacant lot which does not currently meet the city's grading
ordinance, the city engineer shall determine the lower adjacent
grade based upon an assessment of the minimum grade required on
that vacant lot to meet the grade elevation drainage
requirements.
D. Maintenance of Non-conforming fences.
Normal maintenance of non-conforming fences shall be permitted to
preserve a quality appearance. Major structural repairs or
replacement shall be required to conform to the above location and
material standards
E. The construction of tennis court fencing greater than 6' in height
or use of chain link shall be subject to a conditional use permit.
V. OPTIONAL SECTICFS:
Exceptions Procedure (Option 1)
Requests for exceptions to the above standards may be brought before the
Palm Desert Architectural Commission. For an exception to be approved,
the architectural commission must make a finding that unusual
circumstances exist which make the literal interpretation and enforcement
Of the standards impractical or contrary to the purpose of this ordinance
and that the exception shall not result in damage to adjacent properties.
Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the architectural emission meeting. -
Exception Procedure (Option 2)
Exceptions to the above standards shall be subject to the hearing and
findings requirements of Chapter 25.78 (Variances and Adjustments)
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I
ORDnNMM NO.
the lower adjacent grade. The maximum ocmbination fence height
measured from the higher adjacent grade shall not exceed 6
feet. In addition, department of public works shall refer to
Ordinances 514 amending Title 27 (the grading ordinance) as it
applies to mitigating adverse impacts of fill conditions.
3. Where a fill slope retaining wall is proposed adjacent to a
vacant lot which does not currently meet the city's grading
ordinance, the city engineer shall determine the lower adjacent
grade based upon an assessment of the minimum grade required on
that vacant lot to meet the grade elevation drainage
requirements.
D. Maintenance of Non-conforming fences.
Normal maintenance of non-conforming fences shall be permitted to
preserve a quality ty appearance.
replacement shall be r Major structural repairs or
material standards. to conform to the above location and
E. The fiction of tennis court fencing greater than 6' in height
Or use of chain link shall be subject to a conditional use permit.
V. OPPIC NAL SECrIc S:
Exceptions Procedure (Option 1)
Requests for exceptions to the above standards may be brought before the
Palm Desert Architectural Commission. For an exception to be approved,
the architectural commission must make a finding that unusual
circumstances exist which make the literal interpretation and enforcement
of the standards impractical or contrary to the purpose of this ordinance
and that the exception shall not result in damage to adjacent properties.
Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the architectural, commission
meeting. -
Exception Procedure (Option 2)
Exceptions to the above standards shall be subject to the hearing and
findings requirements of Chapter 25.78 (Variances and Adj
ustments).
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r
t
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
- STAFF REPORT
TO: Planning Commission
DATE: July 5, 1988
CASE NO: ZOA 88-3
SUBJECT: Amendment to Zoning Ordinance 25. 56. 190 D relating
to height, location, and materials for fences.
I. BACKGROUND:
Over the past several years, numerous controversies have
arisen concerning the impact of fences. Of special concern
has been combinations of retaining and garden walls over six
feet and fences in front yards.
The zoning ordinance briefly refers to fences in Section
25.56. 190 D:
D. Fences, walks, driveways and retaining walls may
occupy Ia required yard, subject to limitations in
Section 25. 55.200 (Corner sight obstructions) and
Section 25. 56.300 . . . The height of a fence or a
wail used as a fence shall be measured from the
higher finished grade adjourning the fence or
wall.
Some interpretations of these provisions has led to 6-foot
block walls on front property lines creating a bare fortress
appearance and combination retaining/garden walls over 10
feet in height.
Staff has attempted to resolve potential neighborhood
conflicts by requiring fence builders to obtain approval
from adjacent property owners where problems are
anticipated. This has led to inconsistent application of
the ordinance.
The proposed wall and fence development standards specifying
location, material and review procedures are designed to
remove all ambiguity and achieve consistency throughout the
city. The objective is to protect and reconcile the often
conflicting goals of aesthetics, privacy, security, view
sight lines and drainage.
t}
Y
PLANNING COMMISSION STAFF REPORT
CASE NO. ZOA 88-3
JULY 5, 1988
II. RECOMMENDATION:
Approve findings and adopt Planning Commission Resolution
No. recommending to city council approval of ZOA 88-3.
III. ATTACHMENTS:
A. Draft resolution.
Prepared by
Reviewed and Approved by
/rlw
2
PLANNING COMMISSION RESULUTION NO.
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 FENCE AND WALL LOCATION, HEIGHT AND
MATERIALS.
CASE NO. ZOA 88-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of July, 1988, hold a duly
noticed public hearing to consider amendment of zoning ordinance
section 25. 56 relating to wall location, height, and materials.
WHEREAS, said amendment 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 community development has determined the
amendment to be a class 5 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 . 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 88-3 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 5th of July, 1988,
by the following vote, to wit:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
RICHARD ERWOOD, Chairman
RAMON A. DIAZ, Secretary
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Delete 25. 56. 190 D
Add Section 25. 56. 195
I. PURPOSE
The following wail and fence development standards
specifying location, material and review procedures are
designed to remove all ambiguity and achieve consistency
throughout the city. The objective is to protect and
reconcile the often conflicting goals of aesthetics,
privacy, security, view sight lines and drainage.
II. REVIEW PROCEDURE
A. All applications for fences and walls shall be subject
to on-site inspection prior to approval . Non-retaining
wails shall require approval by both the department of
community development and building and safety. In
addition, retaining walls will require approval by the
department of public works.
III . WALL REQUIREMENT NEW RESIDENTIAL CONSTRUCTION
All new residential construction shall include walls or
fences minimum five ( 5 ) feet in height enclosing rear and
interior side yards.
IV. DEVELOPMENT STANDARDS
A. Walls and fences within front and street side setbacks.
1. Fences under 48" in height.
a. Location - may be located on property line
but shall be a minimum of 7 feet from face of
curb.
b. Material - must be decorative material
including decorative blocks, stucco, wood
split rail, open picket, or wrought iron.
2
-1
PLANNING COMMISSION RESOLUTION NO.
2. Fences48" to 72" in height.
a. Location - within front yard setback must be
a minimum of 15 feet from face of curb .
Within street side yards or rear yards
fronting on a public street minimum 12 feet
from face of curb. Site inspection shall
insure that visibility adjacent to driveways
and street corners shall not be impaired.
(Reference Code Section 25.56. 200. )
b. Material - decorative block, stucco, or
wrought iron.
B. Wall and fences at or behind building setbacks to a
maximum of 72" in height.
1. Side yard tie-in fences, interior side yard and
rear yard fences visible from a public right-of-
way.
Materials:
a. Decorative block.
b. Precision block stuccoed or painted to match
house.
C. Redwood, cedar or other approved decay-
resistant wood product.
d. Wrought iron.
2 . Interior rear and side yard fences not visible
from the public right-of-way.
Materials:
a. Block - all types.
b. Redwood, cedar or other approved decay-
resistant wood product.
C. Wrought iron.
3
PLANNING COMMISSION RESOLUTION NO.
C. Retaining walls and combinations of retaining and
wrought iron fencing.
1. Retaining and combination walls located on a rear
or interior side property line associated with a
cut slope shall be a maximum of 6 feet in height
measured from the highest adjoining grade .
Material standards in Section A shall apply.
2. Retaining and combination walls on rear or
interior side yards associated with a fill slope
shall be limited to a maximum of 6 feet in height
Of solid wall material as measured from the lowest
adjacent grade. A combination of solid and open
wrought iron fencing shall not exceed 9 feet in
height as measured from the lower adjacent grade.
The maximum combination fence height measured from
the higher adjacent grade shall not exceed 6 feet.
In addition, department of public works shall
refer to ordinances 514 amending Title 27 (the
grading ordinance ) as it applies to mitigating
adverse impacts of fill conditions.
3. Where a fill slope retaining wall is proposed
adjacent to a vacant lot which does not currently
meet the city ' s grading ordinance, the city
engineer shall determine the lower adjacent grade
based upon an assessment of the minimum grade
required on that vacant lot to meet the grade
elevation drainage requirements.
D. Maintenance of non-conforming fences.
Normal maintenance of non-conforming fences shall be
permitted to preserve a quality appearance . Major
structural repairs or replacement shall be required to
conform to the above location and material standards.
V. OPTIONAL SECTIONS
Exceptions Procedure (Option 1 )
Requests for exceptions to the above standards may be
brought before the Palm Desert Architectural Commission .
For an exception to be approved , the architectural
commission must make a finding that unusual circumstances
exist which make the literal interpretation and enforcement
of the standards impractical or contrary to the purpose of
4
PLANNING COMMISSION RESOLUTION NO.
this ordinance and that the exception shall not result in
damage to adjacent properties. Property owners adjacent to
the proposed exception shall be informed of the application
at least 10 days prior to the architectural commission
meeting.
Exception Procedure (Option 2 )
Exceptions to the above standards shall be subject to the
hearing and findings requirements of Chapter 25 . 78
(Variances and Adjustments) .
PD:rlw
5
PLANNING COMMISSION RESOLUTION NO. 1297
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 FENCE AND WALL LOCATION, HEIGHT
AND MATERIALS.
CASE NO. ZOA 88-3
WHEREAS, the Planning Commission of the City of Palm Desert,
California , did on the 5th day of July, 1988, hold a duly
noticed public hearing to consider amendment of zoning ordianace
section 25. 56 relating to wall location, height, and materials.
WHEREAS, said amendment 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 community development has determined the
amendment to be a class 5 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 . 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 88-3 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 5th of July, 1988,
by the following vote, to wit:
AYES: DOWNS, WHITLOCK, LADLOW
NOES: ERWOOD, RICHARDS
ABSENT: NONE
ABSTAIN: NONE
/ICHARD ERWOOD, Chairman
:RAMON A. DIAZ, Pecretary
" 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346-0611
JULY 20. 1988
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 88-3
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm
Desert City Council to consider an amendment to the Palm Desert Zoning
Ordinance Section 25.56. 190 D relating to height, location and materials for
fences.
SAID public hearing wf 1 I be held on Thursday, August 11 , 1988 at 7:00 p.m.
In the Administrative Conference Room next to the Council Chamber at 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
July 29, 1988 Palm Desert City Council
INTEROFFICE Mal3RAND M
City of Palm Desert
TO: Bruce Altman, City Manager
F%M: Philip Drell, Associate Planner
DATE: May 18, 1988
SUBJECT: Proposed Fence and Wall Development Standards
I. PURPOSE
The following wall and fence development standards specifying location,
material and review procedures are designed to remove all ambiguity and
achieve consistency throughout the city. The objective is to protect and
reconcile the often conflicting goals of aesthetics, privacy, security,
view sight lines and drainage. It is recamrended that these standards be
formally adopted and incorporated into the zoning ordinance.
II. REVIEW PROCEDURE
A. All applications for fences and walls shall be subject to on-site
inspection prior to approval. Non-retaining walls shall require
approval by both the department of oamnuiity development and building
and safety. In addition, retaining walls will require approval by
the department of public works.
III. WALL REQUIREV1ENT NEW RESIDENTIAL CONSTRUCTION
All new residential construction shall include walls or fences minimum
five (5) feet in height enclosing rear and interior side yards.
IV. DEVELOPMENT STANDARDS
A. Walls and fences within front and street side setbacks.
1. Fences under 36" in height.
a. Location - may be located on property line but shall be a
minimum of 7 feet from face of curb.
b. Material - must be decorative material including decorative
blocks, stucco, wood split rail, open picket, or wrought
iron.
CITY MANIINGER
PROPOSED FENCE AND WALL DEVELOPMENT STANDARDS
MAY 18, 1988
2. Fences 36" to 72" in height.
a. Location - within front yard setback must be a minimum of
15 feet from face of curb. Within street side yards or
rear yards fronting on a public street minimum 12 feet from
face of curb. Site inspection shall insure that visibility
adjacent to driveways and street corners shall not be
impaired. (Reference code section 25.56.200. )
b. Material - decorative block, stucco, or wrought iron.
B. Wall and fences at or behind building setbacks to a maximum of 72" in
height.
1. Side yard tie-in fences, interior side yard and rear yard fences
visible from a public right-of-way.
Materials:
a. Decorative block.
b. Precision block stuccoed or painted to match house.
C. Redwood, cedar or other approved decay resistant wood
product.
d. Wrought iron.
2, interior rear and side yard fences not visible from the public
right-of-way.
Materials:
a. Block - all types.
b. Redwood, cedar or other approved decay resistant wood
product.
C. Wrought iron.
C. Retaining walls and combinations of retaining and wrought iron
fencing.
1. Retaining and combination walls located on a rear or interior
} side property line associated with a cut slope shall be a
maximum of 6 feet in height measured from the highest adjoining
grade. Material standards in Section A shall apply.
2. Retaining and combination walls on rear or interior side yards
associated with a fill slope shall be limited to a maximum of 6
feet in height of solid wall material as measured from the
lowest adjacent grade. A combination of solid and open wrought
iron fencing shall not exceed 9 feet in height as measured from
the lower adjacent grade. The maximum combination fence height
2