Loading...
HomeMy WebLinkAboutZOA 91-4 CITY OF PALM DESERT 1992 i j Amu ARY 9, 1992 j IINUTES a t a s ,ECING pplvDESERR CIss • sIsEGULAR a s a a a a a a a a a I s s s a s a s a OF AN ENT ONING C. �^N11DFRATION RESIDENTIAL TWO-STORYSTRICOTZRELATING ORDINANCE TO DEVELOPMENT 25.24 PR PLANNED STANDARDS ANDDINGS,E� ae N 9S1 4oRO STORY SINGLE-FAMILY DETACHED BU noting that the current standardsbecause Mr. Jeff Winklepleck reviewed the staff report, been set yet. He acceptable when a project proposal contains only single story units; however, two-story were not permitted in the R$-1 zone, no standards had added that the h imu he height woues ld be adecrellow ased from re units.feet to 24 feet to be consistent with units Cou dt have bor be companbled if there would with the adjacent be neighborhood added n hich they that arebeing would and Mr. Diaz responded that this condition could be built. Councilman Snyder agreed, added. philosophy regarding in to spread things out, we should be bringing things Mayor Kelly asked if this would take into account the change to open space. He said instead of trying closer together and creating open space together. in one separate location. and zero setbacks, he felt there would be tremendous savngs in heating and cooling and better security. Mr. Diaz stated that all conditions in the PR zone can be modified at the time of approval of the project. and promote less Mayor r other t)I1 maybe developments and that 't might conserveeenergrs y w that m would consider otr yPe vehicular traffic and have an excellent development where open space is in a separate location in the project• the Council could have a policy e Mr. Diaz stated that developers Come in and want to develop two-story, detached omen. As part of the General Plan update program, amendment the Odin leastto say therethiS to can the be trade-offs of theodevelopers.onservation. He felt the City Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing Lined. Councilman Wilson moved to waive further reading and pass Ordinance No. 665 to second Benson and carried s unanimous vote of the Council. to neighborhood. Motion nwas condition seconded by that two-story units are to be compatible with adjacent UEST FOR TIME D. CONSIDER HEOCITYOOF PALM DESERT DOPTEDRGENERAL EXTENSION TO UPDATE Mr. Diaz reviewed the staff report and offered to answer any questions. �z 16 AMENDMENTS TO PR ZONE 1 . DEVELOPMENT STANDARDS (25.24. 250 ) : A. Single family attached, two family dwellings, and multiple family dwellings shall be as approved on the development plan; B. Single story single family detached shall comply to either the R-1 8, 000 standards or R-1 10,000 standards, whichever applies; C. Two story single family detached shall be as follows: 1 . Minimum front yard, 20 feet 2. Minimum rear yard, 25 feet 3. Minimum side yards, 15 feet 4. Maximum building site coverage, 25% 2. MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS ( 25.24. 260) : A. Single story single family detached buildings shall be a minimum of 10 feet; B. Two story single family detached buildings shall be a minimum of thirty feet between two story elements. 3. BUILDING HEIGHT (25. 24. 280) : The maximum height in a PR district shall be twenty-four feet or two story, whichever is less. 4. TWO STORY SINGLE FAMILY DETACHED SETBACKS FROM PROJECT PERIMETER ( 25. 24.321 ADDED) : A. The minimum setback from the project perimeter for single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. AMENDMENTS TO PR ZONE 1 . DEVELOPMENT STANDARDS ( 25. 24.250) : A. Single family attached, two family dwellings, and multiple family dwellings shall be as approved on the development plan; B. Single story single family detached shall comply to either the R-1 8, 000 standards or R-1 10, 000 standards, whichever applies; C. Two story single family detached shall be as follows: 1 . . Minimum front yard, 20 feet 2. Minimum rear yard, 25 feet 3. Minimum side yards, 15 feet 4. Maximum building site coverage, 25% 2. MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS ( 25. 24. 260 ) : A. Single story single family detached buildings shall be a minimum of 10 feet; B. Two story single family detached buildings shall be a minimum of thirty feet between two story elements. 3 . BUILDING HEIGHT (25.24. 280 ) : The maximum height in a PR district shall be twenty-four feet or two story, whichever is less. 4. TWO STORY SINGLE FAMILY DETACHED SETBACKS FROM PROJECT PERIMETER ( 25. 24.321 ADDED) : A. The minimum setback from the project perimeter for single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. M ORDINANCE NO. 665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25. 24 ( PLANNED RESIDENTIAL DISTRICT ) OF THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS AND PERIMETER SETBACKS FOR TWO STORY SINGLE FAMILY DETACHED BUILDINGS . CASE NO. ZOA 91-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of January, 1992, hold a duly noticed public hearing to consider an amendment to chapter 25. 24 ( Planned Residential District ) of the zoning ordinance; and WHEREAS, the planning commission, by Resolution No. 1550, has recommended approval; and WHEREAS, said amendment 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 5 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 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 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 ZOA 91-4 Exhibit "A" is hereby approved. 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 effect thirty ( 30) days after its adoption. ORDINANCE NO. 665 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 23rd day of January 1992, by the following vote, to wit: AYES : BENSON, CRITES , SNYDER, WILSON, KELLY NOES : NONE ABSENT: NONE ABSTAIN: NONE RICHAR 5. KELLY, Ma o ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, _Cdlifornia 2 OrRMZNANCE NO . 6;5 EXHIBIT "A" Amendment 25 . 24 . 250 to read: 25 . 24. 250 DEVELOPMENT STANDARDS A. For single family attached, two-family dwellings and multiple- family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangements of patios are approved and provided. B. All single-story single family detached buildings shall comply with the provisions of Chapter 25. 16 with the majority of lot sizes determining the standard. C. All two story single family detached building shall comply to the following development standards: 1 . Minimum front yard, 20 feet; 2. Minimum rear yard, 25 feet; 3 . Minimum side yard, 15 feet; 4. Maximum building coverage, 25% D. Second story windows facing sideyards of single story homes shall be 5 feet 8 inches minimum in height from floor. E. All two story single family homes shall be compatible with surrounding uses. Amendment 25 . 24.260 to read: 25.24. 260 MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS For single-story single family detached buildings there shall be a minimum of ten feet between sides. For two-story single family detached buildings there shall be a minimum of thirty feet between two story elements. 3 ORDINANCE NO . 565 Amendment 25 . 24 . 280 to read: 25 . 24 . 280 BUILDING HEIGHT The maximum building height in a PR district shall be twenty-four feet or two-story, whichever is less. Add 25 . 24 . 321 to read: 25 . 24 .321 TWO-STORY SINGLE FAMILY DETACHED BUILDING BUILDING SETBACKS FROM PROJECT PERIMETER A. The minimum setback from the project perimeter for two-story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an amendment to Zoning Ordinance Chapter 25. 24 PR Planned Residential District relating to development standards and perimeter setbacks for two story single family detached buildings. III . APPLICANT: City of Palm Desert IV. CASE NO: ZOA 91-4 V. DATE: January 9, 1992 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Ordinance No. 665 . D. Planning Commission Minutes dated December 17, 1991. E. Planning Commission Resolution No. 1550. F. Planning Commission Staff Report dated December 17, 1991. ---------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass to second reading. B. DISCUSSION: Currently the PR zone contains the following sections: 25.24.250 Minimum yards. The minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangement of patios are approved and provided. 25.24.260 Minimum separation between sides of buildings. For single-family detached buildings, there shall be a minimum separation of ten feet between sides. For other buildings, the separation shall be twenty feet. CITY COUNCIL zOA 91-4 JANUARY 9, 1992 25.24.280 Building height. The maximum building height in a PR district shall be thirty feet or two-story whichever is less. Generally, these sections have been acceptable when a project proposal contains only single story units because R-1 standards could be applied. However, two story homes are not permitted in the R-1 zone so there are no set standards. To clarify the situation, we are proposing amendments to the PR section affecting two story houses which will incorporate past policies regarding the following: setbacks, coverage, open space, separation, height and location from perimeter. The rear yard setback shall be increased from 20 to 25 feet while the sideyard setbacks shall be increased to 15 feet each side. Building site coverage shall be decreased to 25 percent. There shall be a minimum separation of 30 feet between two story elements. These changes will serve to increase the open space around the two story units. Maximum height shall be decreased from 30 feet to 24 feet to be consistent with other residential zones that allow two story units. Finally, the minimum setback from the project perimeter for two story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. The planning commission may waive the interior setback requirement when adjacent developments are planned simultaneously. The goal of the zoning ordinance amendment is to enable the city to consistently regulate two story single family homes in the PR zone. The planning commission unanimously recommended approval with the additional requirement that second story windows facing sideyards of single story homes shall be 518" minimum height from floor. Prepared by: / Reviewed and Approved by: JW/tm - . ** 2 **Approved as amended that the two- i story buildings be compatible with the neighborhood in which they � ' Jcr'` L��{9 ]` � -n �G�, w, `L•�::;� /��� have been built . ORDINANCE NO. 665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25. 24 (PLANNED RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS AND PERIMETER SETBACKS FOR TWO STORY SINGLE FAMILY DETACHED BUILDINGS. CASE NO. ZOA 91-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of January, 1992, hold a duly noticed public hearing to consider an amendment to chapter 25.24 (Planned Residential District) of the zoning ordinance; and WHEREAS, the planning commission, by Resolution No. 1550, has recommended approval; and WHEREAS, said amendment 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 5 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 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 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 ZOA 91-4 Exhibit "A" is hereby approved. 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 effect thirty (30 ) days after its adoption. ORDINANCE NO. 665 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of 1992, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California JW/tm 2 ORDINANCE NO. 665 EXHIBIT "A" Amendment 25 . 24.250 to read: 25 . 24. 250 DEVELOPMENT STANDARDS A. For single family attached, two-family dwellings and multiple- family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangements of patios are approved and provided. B. All single-story single family detached buildings shall comply with the provisions of Chapter 25. 16 with the majority of lot sizes determining the standard. C. All two story single family detached building shall comply to the following development standards: 1 . Minimum front yard, 20 feet; 2. Minimum rear yard, 25 feet; 3. Minimum side yard, 15 feet; 4. Maximum building coverage, 25% D. Second story windows facing sideyards of single story homes shall be 5 feet 8 inches minimum in height from floor. Amendment 25.24.260 to read: 25.24.260 MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS For single-story single family detached buildings there shall be a minimum of ten feet between sides. For two-story single family detached buildings there shall be a minimum of thirty feet between two story elements. Amendment 25 .24.280 to read: 25. 24.280 BUILDING HEIGHT The maximum building height in a PR district shall be twenty-four feet or two-story, whichever is less. 3 ORDINANCE NO. 665 Add 25 . 24.321 to read: 25.24.321 TWO-STORY SINGLE FAMILY DETACHED BUILDING BUILDING SETBACKS FROM PROJECT PERIMETER A. The minimum setback from the project perimeter for two-story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. JW/tm 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 17, 1991 would second the motion with the understanding that if nothing substantive was changed, he would similarly be moved to approve staff ' s recommendation for denial . Mr. Reiter concurred with the continuance. Chairperson Whitlock opened the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner Jonathan, continuing CUP 91-16 to January 7, 1992. Carried 4-1 (Commissioner Spiegel voted no) . C. Case No. ZOA 91-4 - CITY OF PALM DESERT,,�, pplicant A Request for consideration of an amendment to Zoning Ordinance Chapter 25. 24R 'fj . Planned Residential District relating to development standards and perimeter setbacks for two story single family detached buildings. ® ® J Mr. Drell stated that this item was initiated by city councilR��S;�JC, after it became clear that the main use of the planned residential zone was single family subdivisions and there was a great demand by the general public and developers to build two story homes. He indicated there were no clear, consistent standards that were being applied relative to regulating two story homes in single family subdivisions in the PR zone. He said that the controversy was that the PR zone by right allows some two story homes because it provides a height of 30 feet. He explained that in order to provide consistency when a developer approaches staff and for the planning commission, staff looked through the various approvals given by planning commission and city council relative to two story homes and came up with a set of standards. He indicated that with a second story, there would be greater setback standards, side and rear, and a lower overall coverage requirement. Commissioner Jonathan asked for and received clarification on the proposed sideyard requirement. Mr. Drell indicated that on the single story side, the side setback would be five or nine feet. He also noted that in single story standards, staff takes the predominate lot size and applies the R-1 standard to it. He said that the minimum setback for the two story portion would be 15 from the property line of that lot. 12 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 17, 1991 Commissioner Richards stated that he wo 1 o add a condition #D to the development standards. �Fb6�lition would say that windows on the second story in th O#ia!eyard, or any windows on the second story that have the possibility of looking down into a neighbors windows should be relegated to a high window that would provide light only. Mr. Drell clarified that this would be a window adjacent to another side yard, not necessarily a side yard window, and would not have a clear view to the property adjacent to it. Commissioner Downs felt it would be better to have a five feet eight inches minimum height, because if it were the clerestory glass and got broken, it could be replaced with something else. Staff concurred. Chairperson Whitlock opened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION. There was no one and the public testimony was closed. Action: Moved by Commissioner Spiegel, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Spiegel, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1550, recommending to city council approval of ZOA 91-4, subject to the amendment. Carried 5-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS MS. RUTH GUIBERSON, 44-875 San Antonio Circle in Palm Desert, informed commission that she was told by the planning department that the December 3 meeting minutes regarding her property would not be available until February, 1992. She asked commission if they would be available before that date. Chairperson Whitlock informed Ms. Guiberson that since they were approved earlier in the evening, she could have a copy. Ms. Guiberson said that she was told February; Chairperson 13 PLANNY COMMISSION RESOLUTION N 1550 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECCMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT RELATING TO DEVELOPMENT STANDARDS AND PERIMETER ' SETBACKS FOR TWO STORY SINGLE FAMILY DETACHED BUILDINGS. 1 CASE NO. ZOA 91-4 WHEREAS, the Planning Commission of ' the City of Palm Desert, California, did on the 17th day of December, 1991, hold a duly noticed public hearing to consider amendment of zoning ordinance section 25. 56 relating to development standards and perimeter setbacks for two story single family detached buildings; and 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 91-4 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 December, 1991, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE ZCAROL WHITLOCK, Chairperson ATTE 0 RAM I Z, r`e ary JW/db PLANNING COMMISSION F OLUTION NO. 1550 EXHIBIT "A" ®rl� Amendment 25.24.250 to read: 25 .24.250 DEVELOPMENT STANDARDS A. For single family attached, two-family dwellings and multiple- family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangements of patios are . approved and provided. B. All single-story single family detached buildings shall comply with the provisions of Chapter 25. 16 with the majority of lot sizes determining the standard. C. All two story single family detached building shall comply to the following development standards: 1 . Minimum front yard, 20 feet; 2. Minimum rear yard, 25 feet; 3 . Minimum side yard, 15 feet; s- 4. Maximum building coverage, 25% D. Any second story window facing a single story sideyard shall be a minimum of 5 feet 8 inches in height. Amendment 25.24.260 to read: 25 .24.260 MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS For single-story single family detached buildings there shall be a minimum of ten feet between sides. For two-story single family detached buildings there shall be a minimum of thirty feet between two story elements. Amendment 25.24.280 to read: 25.24.280 BUILDING HEIGHT The maximum building height in a PR district shall be twenty-four feet or two-story, whichever is less. 2 PLANNING COMMISSION R )LUTION NO. 1550 1 Add 25 .24.321 to read: { 25.24.321 TWO-STORY SINGLE FAMILY DETACHED BUILDING BUILDING SETBACKS FROM PROJECT PERIMETER A. The minimum setback from the project perimeter for two-story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. JW/db l . 3 CITY OF PALM DESERT ' DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 17, 1991 CASE NO.: ZOA 91-4 APPLICANT: CITY OF PALM DESERT REQUEST: Consideration of an amendment to Zoning Ordinance Chapter 25.24 PR Planned Residential District relating to development standards and perimeter setbacks for two story single family detached buildings. 1. BACKGROUND: Currently the PR zone contains the following sections: 25.24.250 Minimum yards. The minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangement of patios are approved and provided. 25.24.260 Minimum separation between sides of buildings._ For single-family detached buildings, there shall be a minimum separation of ten feet between sides. For other buildings, the separation shall be twenty feet. 25.24.280 Building height. The maximum building height in a PR district shall be thirty feet or two-story whichever is less. Generally, these sections have been acceptable when a project proposal contains only single story units because R-1 standards could be applied. However, two story homes are not permitted in the R-1 zone so there are no set standards. STAFF REPORT CASE NO. ZOA 91-4 DECEMBER 17, 1991 To clarify the situation, we are proposing amendments to the PR section affecting two story houses which will incorporate past policies regarding the following: setbacks, coverage, open space, separation, height and location from perimeter. The rear yard setback shall be Increased from 20 to 25 feet while the sideyard setbacks shall be Increased to 15 feet each side. Building site coverage shall be decreased to 25 percent. There shall be a minimum separation of 30 feet between two story elements. These changes will serve to increase the open space around the two story units. Maximum height shall be decreased from 30 feet to 24 feet to be consistent with other residential zones that allow two story units. Finally, the minimum setback from the project perimeter for two story single family detached buildings shall be one hundred feet or one lot depth, which ever is more. The planning commission may waive the Interior setback requirement when adjacent developments are planned simultaneously. The goal of the zoning ordinance amendment is to enable the city to consistently regulate two story single family homes in the PR zone. 11. RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. recommending approval of ZOA 91-4 to City Council . Prepared by: 1 o\ Reviewed and Approved by: % U ^-� • V� JW/db 2 i 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 91-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to Zoning Ordinance Chapter 25.24 PR Planned Residential District relating to development standards and perimeter setbacks for two-story single family buildings. SAID public hearing will be held on Thursday, January 9, 1992, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 7:;-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of 8. 00 a. m. and 4. 30 p. m. Monday through Friday. 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 nearing 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 Sun SHEILA R. GILLIGAN, City Clerk December 28, 1991 City of Palm Desert, California MINUTES t PALM DESERT PLANNING �jMMISSION DECEMBER 17, 1991 Commissioner Richards indicated that he would initiate a motion for continuance to allow the applicant to work with staff and his landlord. Commissioner Jonathan stated that he would second the motion with the understanding that if nothing substantive was changed at the next meeting, he would similarly be moved to approve staff 's recommendation for denial. Mr. Reiter concurred with the continuance. Action: Moved by Commissioner Richards, seconded by Commissioner Jonathan, continuing CUP 91-16 to January 7, 1992. Carried 4-1 (Commissioner Spiegel voted no) . C. /Case No. ZOA 91-4 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to Zoning Ordinance Chapter 25. 24 PR Planned Residential District relating to development standards and perimeter setbacks for two story single family detached buildings. Mr. Drell stated that this item was initiated by city council after it became clear that the main use of the planned residential zone was single family subdivisions and there was a great demand by the general public and developers to build two story homes. He indicated there were no clear, consistent standards that were being applied relative to regulating two story homes in single family subdivisions in the PR zone. He said that the controversy was that the PR zone by right allows some two story homes because it provides a height of 30 feet. He explained that in order to provide consistency when a developer approaches staff and for the planning commission, staff looked through the various approvals given by planning commission and city council relative to two story homes and came up with a set of standards. He indicated that with a second story, there would be greater setback standards, side and rear, and a lower overall coverage requirement. Commissioner Jonathan asked for and received clarification on the proposed sideyard requirement. Mr. Drell indicated that on the single story side, the side setback would be five or nine feet. He also noted that in single story standards, staff takes the predominate lot size and applies the R-1 12 MINUTES PALM DESERT PLANNING %.OMMISSION DECEMBER 17, 1991 standard to it. He said that the minimum setback for the two story portion would be 15 from the property line of that lot. Commissioner Richards stated that he would like to add a condition #D to the development standards. That condition would say that windows on the second story in the sideyard, or any windows on the second story that have the possibility of looking down into a neighbors windows should be relegated to a high window that would provide light only. Mr. Drell clarified that this would be a window adjacent to another side yard, not necessarily a side yard window, and would not have a clear view to the property adjacent to it. Commissioner Downs felt it would be better to have a five feet eight inches minimum height, because if it were the clerestory glass and got broken, it could be replaced with something else. Staff concurred. Chairperson Whitlock opened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION. There was no one and the public testimony was closed. Action: Moved by Commissioner Spiegel, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Spiegel, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1550, recommending to city council approval of ZOA 91-4, subject to the amendment. Carried 5-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS MS. RUTH GUIBERSON, 44-875 San Antonio Circle in Palm Desert, informed commission that she was told by the planning department that the December 3 meeting minutes regarding her property would not be available until February, 1992. She asked commission if they would be available before that date. Chairperson Whitlock informed Ms. Guiberson that since they were approved earlier in the evening, she could have a copy. Ms. Guiberson said that she was told February; Chairperson 13 COMV pig plum o 0 o n 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 20, 1991 City of Palm Desert Re: vlcOA 91-4 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 17, 1991. PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 91-4 TO CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1550, SUBJECT TO AMENDMENT. CARRIED 5-0 Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. RAM N A. eeR IAZRY PALM DESERT PLACOMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal r PLANNING COMMISSION RESOLUTION NO. 1550 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 DEVELOPMENT STANDARDS AND PERIMETER SETBACKS FOR TWO STORY SINGLE FAMILY DETACHED BUILDINGS. CASE NO. ZOA 91-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of December, 1991, hold a duly noticed public hearing to consider amendment of zoning ordinance section 25 .56 relating to development standards and perimeter setbacks for two story single family detached buildings; and 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 91-4 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 December, 1991, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary JW/db J PLANNING COMMISSION RESOLUTION NO. 1550 EXHIBIT "A" Amendment 25 .24 .250 to read: 25 .24 .250 DEVELOPMENT STANDARDS A. For single family attached, two-family dwellings and multiple- family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangements of patios are approved and provided. B. All single-story single family detached buildings shall comply with the provisions of Chapter 25. 16 with the majority of lot sizes determining the standard. C. All two story single family detached building shall comply to the following development standards : 1. Minimum front yard, 20 feet; 2. Minimum rear yard, 25 feet; 3. Minimum side yard, 15 feet; 4 . Maximum building coverage, 25% D. Any second story window facing a single story sideyard shall be a minimum of 5 feet 8 inches in height. Amendment 25 .24.260 to read: 25 .24 .260 MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS For single-story single family detached buildings there shall be a minimum of ten feet between sides . For two-story single family detached buildings there shall be a minimum of thirty feet between two story elements . Amendment 25 .24 .280 to read: 25 .24 .280 BUILDING HEIGHT The maximum building height in a PR district shall be twenty-four feet or two-story, whichever is less . 2 a ' PLANNING COMMISSION RESOLUTION NO. 1550 Add 25.24 .321 to read: 25 .24 .321 TWO-STORY SINGLE FAMILY DETACHED BUILDING BUILDING SETBACKS FROM PROJECT PERIMETER A. The minimum setback from the project perimeter for two-story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. JW/db 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 17, 1991 CASE NO.: ZOA 91-4 APPLICANT: CITY OF PALM DESERT REQUEST: Consideration of an amendment to Zoning Ordinance Chapter 25.24 PR Planned Residential District relating to development standards and perimeter setbacks for two story single family detached buildings. 1. BACKGROUND: Currently the PR zone contains the following sections: 25.24.250 Minimum yards. The minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangement of patios are approved and provided. 25.24.260 Minimum separation between sides of buildings. For single-family detached buildings, there shall be a minimum separation of ten feet between sides. For other buildings, the separation shall be twenty feet. 25.24.280 Building height. The maximum building height in a PR district shall be thirty feet or two-story whichever is less. Generally, these sections have been acceptable when a project proposal contains only single story units because R-I standards could be applied. However, two story homes are not permitted in the R-1 zone so there are no set standards. STAFF REPORT CASE NO. ZOA 91-4 DECEMBER 17, 1991 To clarify the situation, we are proposing amendments to the PR section affecting two story houses which will incorporate past policies regarding the following: setbacks, coverage, open space, separation, height and location from perimeter. The rear yard setback shall be Increased from 20 to 25 feet while the sideyard setbacks shall be Increased to 15 feet each side. Building site coverage shall be decreased to 25 percent. There shall be a minimum separation of 30 feet between two story elements. These changes will serve to increase the open space around the two story units. Maximum height shall be decreased from 30 feet to 24 feet to be consistent with other residential zones that allow two story units. Finally, the minimum setback from the project perimeter for two story single family detached buildings shall be one hundred feet or one lot depth, which ever is more. The planning commission may waive the interior setback requirement when adjacent developments are planned simultaneously. The goal of the zoning ordinance amendment is to enable the city to consistently regulate two story single family homes in the PR zone. II. RECOMMENDATION: Approve findings and adopt Planning Commission Resolution No. recommending approval of ZOA 91-4 to City Council . Prepared by: �•'` Reviewed and Approved by: JW/db 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Amendment 25.24.250 to read: 25.24.250 DEVELOPMENT STANDARDS A. For single family attached, two-family dwellings and multiple- family buildings, the minimum front, side and rear yards shall be as approved on the development plan. However, there shall be a separate private yard with a total area of at least three hundred twenty square feet adjacent to each dwelling unit unless equivalent alternative arrangements of patios are approved and provided. B. All single-story single family detached buildings shall comply with the provisions of Chapter 25. 16 with the majority of lot sizes determining the standard. C. All two story single family detached building shall comply to the following development standards: I . Minimum front yard, 20 feet; 2. Minimum rear yard, 25 feet; 3. Minimum side yard, 15 feet; 4. Maximum building coverage, 257. Amendment 25.24.260 to read: 25.24.260 MINIMUM SEPARATION BETWEEN SIDES OF BUILDINGS For single-story single family detached buildings there shall be a minimum of ten feet between sides. For two-story single family detached buildings there shall be a minimum of thirty feet between two story elements. Amendment 25.24.280 to read: 25.24.280 BUILDING HEIGHT The maximum building height in a PR district shall be twenty-four feet or two-story, whichever is less. 3 I PLANNING COMMISSION RESOLUTION NO. Add 25.24.321 to read: 25.24.321 TWO-STORY SINGLE FAMILY DETACHED BUILDING BUILDING SETBACKS FROM PROJECT PERIMETER A. The minimum setback from the project perimeter for two-story single family detached buildings shall be one hundred feet or one lot depth, whichever is more. B. The planning commission may waive interior setback requirement when adjacent developments are planned simultaneously. JW/db 4 PLANNING COMMISSION RESOLUTION 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 DEVELOPMENT STANDARDS AND PERIMETER SETBACKS FOR TWO STORY SINGLE FAMILY DETACHED BUILDINGS. CASE NO. ZOA 91-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of December, 1991 , hold a duly noticed public hearing to consider amendment of zoning ordinance section 25.56 relating to development standards and perimeter setbacks for two story single family detached buildings; and 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 91-4 as provided in the attached exhibit labeled Exhibit "A". PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day of 1991 , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary RAO/db 2 ti PROOF OF PLILICA71ON 011"cuf had of hblkstioa d• !9-/07 sir, "CAR „ to he C"f) c,q', �. .� ®. STA TE OFCALffOR�U,Coun or Rive W t) Crry-OP Puy DESERT"' z, dde.l em a cioren of the(.'ruled Suns and a ref, � den of the Counry 41orou4 I am Ova this ego of 'NERFBY2 � ii P ' yp,a/I+be 69hW-01 yurs, and not a parry to or interested tr head bob chatauPtYtrs DownptsaarkliQ ,Sawqyp•�mr the above enutled matter 1 un the Principe)clerb ,00rutd in atr,aidtfrre ad lJtd,9' 1 of the pnnta of the Patos Doert Pat a news ir adtheat,6tttir�s=�^o toff pS;A PR-P18nrNd'i!N z tedserka for f Paper OLeneralcirculWon a t�rtderNsertd.patUrMer` PrntedendpuDL,hed �t�,�„y bailldnpa, evecblym the City of Peln,Oaun Count)of Rrra g�pypyo edlbahal0era • n P� ode. and which ree,sy p , has bw edludl d a t qrh,•81od� 0e"sPaDa of[errata( cvcuiaeon by the Superior Dow�t�prYp d :q�r Ord pM4W".vAittion Coon of she Caunry o(Riren de Suu of CaLta porsodn oFe�inaMd to atsrd_ � a• by thh" pjbW ma under the due of 10. 1964. Cue Numbermmmnn •w b:oti t w of the paSL.that the notice,of which the ameied is c IteMp e " Shism Yr_ printed copy(set in type not smaller that, ronpe — MO.has bee pubUhad in coach reLulr and entire ott oJe 0o Four of said newspaper and rid N an soppfemoral Qtacafoo the tot1owinL dote.to.wit; OV 27 191 .aauya�aa +nilgart o a)Iintheyar1991.featly(erderltre) MR3 atr,der Penalty d pe ry paytry, that the foregoing is true �i1w}dnw�Ve send mrract. Doted at Parr Desat California.this NOV 27 199 ��S, cF 1 ' jJ j T 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 91-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider an amendment to Zoning Ordinance Chapter 25.24 PR Planned Residential District relating to development standards and perimeter setbacks for two-story single family buildings. SAID public hearing will be held on Tuesday, December 17, 1991 , at 7: 00 p. m. in the Council Chamber at the Palm Desert Civic Center, 7.;-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/planning at the above address between the hours of a. m. and 4: 30 p. m. Monday through Friday. 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 November 27, 1991 Palm Desert Planning Commission