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HomeMy WebLinkAboutZOA 97-4 DEVELOPMENT STANDARDS 1997 1� Y A ORDINANCE NO. 866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16 OF THE MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS OF THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of December, 1997, hold a duly noticed public hearing to consider amending Chapter 25.16 of the Municipal Code relating to Development Standards of the R-1 zone; and WHEREAS, the Planning Commission, by Resolution No. 1839, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," 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 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 ZOA 97-4 as delineated in the attached Exhibit "A" is hereby ordained. 1 ORDINANCE NO. 866 ! >; PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of January, 1998, by the following vote, to wit: AYES: KELLY, FERGUSON, SPIEGEL, BENSON NOES: CRITES ABSENT: NONE ABSTAIN: NONE M. BENSON, Mayor ATTEST: � � "SHEILA R. GILL'fGAN, City erk City of Palm Desert, Califbrnia 2 ORDINANCE NO. 866 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; . C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 3 ORDINANCE NO. 866 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (131) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to .the following . development standards. A. Minimum lot depth, one hundred feet; 4 r` r "ORDINANCE NO. 866 B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 5 ORDINANCE NO. 866 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any_ property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 6 P ORDINANCE NO. 866 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission., F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. A satellite receiving dish .of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 7 R ORDINANCE NO. 866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16 OF THE MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS OF THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of December, 1997, hold a duly noticed public hearing to consider amending Chapter 25.16 of the Municipal Code relating to Development Standards of the R-1 zone; and WHEREAS, the Planning Commission, by Resolution No. 1839, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," 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 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 ZOA 97-4 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. 866 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of January, 1998, by the following vote, to wit: AYES: KELLY, FERGUSON, SPIEGEL, BENSON NOES: CRITES ABSENT: NONE ABSTAIN: NONE M. BENSON, Mayor ATTEST: `SHEILA R. GILOGAN, City Clerk City of Palm Desert, California 2 r ORDINANCE NO. 866 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; . C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 3 ORDINANCE NO. 866 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to .the following development standards. A. Minimum lot depth, one hundred feet; 4 1 ORDINANCE NO. 866 B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains .approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 5 1�. ORDINANCE NO. 866 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1) unreasonably delay or prevent installation, maintenance or use, or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any_ property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 6 1 ORDINANCE NO. 866 1 1 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. v CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. . REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development Standards of the R-1 zone. III. APPLICANT: City of Palm D&&t COUidCI: ACTIONe U"PROVED - DENIED.� IV. CASE NO: ZOA 97-4 "ECEIVEL- =—=�• OTHER �1-.,It��17 V. DATE: December 1 1 ),Z99.7, �t VI. CONTENTS: SE27T: e -• - :A'VsSTAIN i VERIFIED BY, File A. Staff Recommendation Original on File r7i h City Cleric ' s Officc B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 97-4 E. Planning Commission Resolution No. 1839 F. Planning Commission Staff Report dated November 18, 1997 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. RECOMMENDATION: Waive further reading and pass Ordinance No. 5663 66 to second reading. B. DISCUSSION: As part of its review of the zoning ordinance, the Zoning Ordinance Review Committee (ZORC) conducted a rigorous and comprehensive review of the city's R-1 zone development standards with a view to making the section more compatible with the current state of single family dwelling construction. The changes being proposed will, if adopted, allow staff and/or Architectural Review Commission greater flexibility in design and siting of new dwellings and additions on residential lots. The net result will be to permit more of the lot to be covered and the building of larger homes. The draft ordinance has been endorsed by ZORC and by Planning Commission on a 3-0 vote. r STAFF REPORT CASE NO. ZOA 97-4 DECEMBER 11, 1997 The proposed changes are extensive. We will discuss some of the more major changes herein. Generally, the changes begin at Section 25.16.080 A where maximum height remains at 18 feet and homes in excess of 15 feet in height must be reviewed and approved by ARC unless the plans have been approved by a homeowners association. This is consistent with current policy. The city attorney concurred with the section provided it said "the city's ARC process may be waived". Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. New language permits satellite dishes 39 inches or less, evaporative coolers and solar panels to be visible if certain findings can be made. Section 25.16.1 10 regulates the location of swimming pools and pool equipment. Section 25.16.120 regulates tennis and sports courts. Sports courts have been defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton, and other similar outdoor activities. Subsection "B" limits each lot to a maximum of one tennis court and one sports court unless a conditional use permit is approved by the Planning Commission. This permits a large lot to request more than one of either or both types of courts. Section 25.15.130 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 39 inches versus the current five feet or greater. Section 28.16.140 prohibits air-conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. 2 i T STAFF REPORT CASE NO. ZOA 97-4 DECEMBER 11, 1997 Staff discussed this matter with an acoustical engineer. Due to reflection from walls and eaves, noise in a side yard is difficult to manage. Staff considered setting a maximum sone rating for air-conditioning units in the side yards but this was rejected as being "overkill" because complaints about loud air conditioning units have been few and far between. Setting the units at least five feet from a property line will also serve to keep the side yard open for emergency access. This draft amendment would replace the existing R-7 zone development standards. C. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. Prepared by: Steve Smith�� Reviewed and Approved by: ` Philip Drell /tm 3 , r ORDINANCE NO. B&A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16 OF THE MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS OF THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of November, 1997, hold a duly noticed public hearing to consider amending Chapter 25.16 of the Municipal Code relating to Development Standards of the R-1 zone; and WHEREAS, the Planning Commission, by Resolution No. 1839, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," 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 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 ZOA 97-4 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. 866 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this _ day of 1997, 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 2 ORDINANCE NO. 866 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. (Unchanged) It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. (Unchanged) The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D.. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 3 ORDINANCE NO. .866 25.16.030 Conditional uses. (Unchanged) The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. (Unchanged) All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. (Unchanged) All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. (Unchanged) All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. 4 ORDINANCE NO. _866 A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. (Unchanged) All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. (New) The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 5 ORDINANCE NO. 866 25.16.090 Front, rear and side yard setback exceptions. (New) A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1. The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. (New) All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. (New) Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 6 ORDINANCE NO. 866 25.16.120 Private tennis courts and sports courts. (New) Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. (New) A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. (New) No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 7 MINUTES a PALM DESERT PLANNING COMMISSION f., !+ y' . 014ECT TO NOVEMBER 18, 1997 „x T REVIS3V Chairperson Ferguson clarified that the commission was not being requested to make findings to support a variance, but to support findings for an exception. Mr. Drell concurred. Chairperson Ferguson asked what the standard was upon which the commission was supposed to find an exception. Mr. Drell said it was the best solution that did no harm. Chairperson Ferguson asked the. City Attorney if this was the legally proper way to do this. Mr. Hargreaves said he hadn't reviewed that particular issue and he hoped that staff thoroughly reviewed that particular aspect of it. Mr. Drell stated that this zone allows the modification of standards with the approval of an amendment to the development plan or precise plan. Chairperson Ferguson asked if there were any other questions for staff. There were none. Chairperson Ferguson opened the public hearing and asked the applicant to speak first and then anyone wishing to address this application. MR. MIKE HOMME, 46-300 Desert Lily, stated that he was present to answer any questions. Chairperson Ferguson asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Campbell stated that she passes by there every week and as long as the building was one story, she didn't think anyone would notice the addition once construction was complete. She was in favor of the additions and would move for approval. Commissioner Fernandez said that he was also in favor of the project. Chairperson Ferguson agreed and said he saw no harm associated with this request. His only concern was trying to find a showing of extraordinary hardship, but if they didn't have to, then he thought it was great and was a good solution. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1838, approving DP 03-81 Amendment #1 , subject to conditions. Motion carried 3-0. B. Case No. ZOA 97-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 18, 1997 �. SUR.�ECT TO i:y G. 5."�:� i'wa REVISIZ041 Mr. Smith noted that the other night when he presented the Home Based Business Ordinance to the council, they suggested that he not go through the details. He asked if the commission wished him to go into detail or if he should just respond to questions. Chairperson Ferguson asked if the commission had any questions from their review of the staff report. Commissioners Campbell and Fernandez both indicated they didn't have any questions. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the item. There was no one and the public hearing was closed. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1839, recommending to City Council approval of ZOA 97-4. Motion carried 3-0. IX. MISCELLANEOUS A. REQUEST FOR A DETERMINATION OF USE TO ALLOW AN ART GALLERY IN THE PC-4 ZONE. Mr. Drell distributed a map of the area in question and explained that this was a request for determination of use/ordinance clarification question relative to a potential application in the PC-4 zone on property on Highway 74 south of the El Paseo Collection. He said the general area extended from the end of the El Paseo Collection parking lot up through the property where La Peon Restaurant is located. The area is zoned PC-4 and is the Resort Commercial zone which is a zone designed for properties to be developed as one master plan. It was zoned that way when the property was under single ownership. Subsequently, that property had financial difficulty and the property is owned by two or three ownerships. The property where the question is occurring is owned by Churchill Management or Fred Fern and Company. At least four lots to the south are owned by D. Hubbard and he was unclear as to who owns the La Paon site. He stated that the PC-4 zone requires as a primary use on a project site to be a restaurant or hotel. There were two ways to look at it. One individual lot (eight remaining undeveloped) or as one project/one site. There is a restaurant on the site, La Paon Restaurant. Once a hotel or restaurant is part of the project, then there is a whole list of associated resort tourist retail uses of which art galleries is one which can be developed in association with a hotel or restaurant. He thought it was probably unreasonable to expect every single parcel to have a hotel or restaurant on it. The interpretation he was making was that the existence of a restaurant on what was originally the project site qualifies for the 4 PLANK ' COMMISSION RESOLUTION N( 839 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of November, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," 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 and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 18th day of November. 1997, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, ER S NOES: NONE ABSENT: BEATY, JONATHAN ABSTAIN: NONE (77FRGUSON, Chairperson ATTEST: PHILIP DRELL, S cretary Palm Desert Plan ing Commission PLANNING COMMISSION , SOLUTION NO. 1839 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part). 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 2 PLANNING COMMISSION ..SOLUTION NO. 1839 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. 3 PLANNING COMMISSION ..:SOLUTION NO. 1839 A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen 0 5) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as. 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-6.05). 4 PLANNING COMMISSION ..SOLUTION NO. 1839 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback; when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is.irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 5 I PLANNING COMMISSION SOLUTION NO. 1839 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 6 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: November 18, 1997 CASE NO: ZOA 97-4 REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal *Code, Development standards of the R-1 zone. APPLICANT: City of Palm Desert I. BACKGROUND: This matter was originally scheduled for hearing September 16, 1997. At that time it was continued to a date uncertain. The proposed ordinance was reconsidered by ZORC at its October 1 , 1997 meeting and several changes were made. The case was re-advertised for hearing on November 18, 1997. Commission will recall that problems with the previous draft included directive language rather than prescriptive. II. DISCUSSION: Generally the changes begin at Section 25.16.080 A where maximum height remains at 18 feet and homes in excess of 15 feet in height must be reviewed and approved by ARC unless the plans have been approved by a homeowners association. This is consistent with current policy. The city attorney concurred with the section provided it said "the city's ARC process may be waived". Previous language encouraging a diversity of roof styles and strongly discouraging gable roof structures located adjacent to each other at minimum five foot setbacks has been deleted. Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Subsection "G" previously encouraged provision of adequate shading of major glass areas on the east and west exposures. This section has been deleted. State law will be the standard. STAFF REPORT CASE NO. ZOA 97-4 NOVEMBER 18, 1997 Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. New language permits satellite dishes 39 inches or less, evaporative coolers and solar panels to be visible if certain findings can be made. Section 25.16.110 regulates the location of swimming pools and pool equipment. Section 25.16.110 8 has been revised to delete "placed in an enclosed structure" and "or be located behind a screen wall of sufficient height to obscure pool equipment from public view" has been added to the end of the section. Section 25.16.110 C currently reads: C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private. We allow block walls over an easement so why not pool equipment pits. Staff suggests that "and shall not be located within any utility easement, public or private" be deleted. ZORC did not concur with this suggested change. The committee felt that pool equipment and pits should not be located in an easement. We talked with the city attorney who indicated that the city is not required to protect a utility's easement (i.e., a homeowner can put these facilities in an easement but he should be made aware that it is in an easement). Subsection "D" previously stated: D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure. Staff suggested that "unless it is located within a sound mitigation enclosure" be replaced with "unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9.24.030." 2 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 This change has been made. This will encourage this equipment be placed in the rear yard. With the change to Subsection "D", Subsection "E" could be deleted and it has been deleted. Section 25.16.120 regulates tennis and sports courts. Sports courts have been defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton, and other similar outdoor activities. Subsection "B" limited each lot to a maximum of one tennis court and one sports court. Subsection "B" has been changed to add: Unless a conditional use permit is approved by the Planning Commission. This permits a large lot to request more than one of either or both types of courts. Section 25.16.130 relating to pool enclosure requirements has been deleted as it related to Ordinance No. 821 which should stand on its own. Section 25.16.140 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 39" versus the current five feet or greater. Section 25.16.150 would prohibit air conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. Staff discussed this matter with an acoustical engineer. Due to reflection from walls and eaves, noise in a side yard is difficult to manage. Staff considered setting a maximum sone rating for air conditioning units in the side yards but this was rejected as being "overkill" because complaints about loud air- conditioning units have been few and far between. Setting the units at least five feet from a property line will also serve to keep the side yard open for emergency access. 3 1 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 III. CONCLUSION: Most of the issues identified in the September 16, 1997 staff report have been resolved. One area remains open. Section 25.16.110 C provides that swimming pool equipment pits shall not be located in any utility easement. Considering that we permit block walls to cross easements and the city attorney's comments staff does not view the placement of a pit in an easement as a problem. The noise reduction achieved by placing pool equipment in a pit should not be discouraged. The ordinance as currently drafted would permit swimming pool equipment pits in a utility easement. IV. CEQA REVIEW: The proposed amendment is a class 5 categorical exemption for purposes of CEQA. No further documentation is necessary. V. RECOMMENDATION: That Case No. ZOA 97-4 be recommended for approval to the City Council. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by St4ve Smith I Reviewed and Approved by�`"^� , Phil Drell /tm 4 e CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council If. REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development Standards of the R-1 zone. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 97-4 V. DATE: December 11 , 1997 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 97-4 E. Planning Commission Resolution No. 1839 F. Planning Commission Staff Report dated November 18, 1997 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: As part of its review of the zoning ordinance, the Zoning Ordinance Review Committee (ZORC) conducted a rigorous and comprehensive review of the city's R-1 zone development standards with a view to making the section more compatible with the current state of single family dwelling construction. The changes being proposed will, if adopted, allow staff and/or Architectural Review Commission greater flexibility in design and siting of new dwellings and additions on residential lots. The net result will be to permit more of the lot to be covered and the building of larger homes. The draft ordinance has been endorsed by ZORC and by Planning Commission on a 3-0 vote. STAFF REPORT CASE NO. ZOA 97-4 DECEMBER 11, 1997 The proposed changes are extensive. We will discuss some of the more major changes herein. Generally, the changes begin at Section 25.16.080 A where maximum height remains at 18 feet and homes in excess of 15 feet in height must be reviewed and approved by ARC unless the plans have been approved by a homeowners association. This is consistent with current policy. The city attorney concurred with the section provided it said "the city's ARC process may be waived". Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. New language permits satellite dishes 39 inches or less, evaporative coolers and solar panels to be visible if certain findings can be made. Section 25.16.1 10 regulates the location of swimming pools and pool equipment. Section 25.16.120 regulates tennis and sports courts. Sports courts have been defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton, and other similar outdoor activities. Subsection "B" limits each lot to a maximum of one tennis court and one sports court unless a conditional use permit is approved by the Planning Commission. This permits a large lot to request more than one of either or both types of courts. Section 25'.15.130 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 39 inches versus the current five feet or greater. Section 25.16.140 prohibits air-conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. 2 STAFF REPORT CASE NO. ZOA 97-4 DECEMBER 11, 1997 Staff discussed this matter with an acoustical engineer. Due to reflection from walls and eaves, noise in a side yard is difficult to manage. Staff considered setting a maximum sone rating for air-conditioning units in the side yards but this was rejected as being "overkill" because complaints about loud air conditioning units have been few and far between. Setting the units at least five feet from a property line will also serve to keep the side yard open for emergency access. This draft amendment would replace the existing R-1 zone development standards. C. CEQA REVIEW: The proposed amendment is a Class 5 categorical exemption for purposes of CEQA and no further documentation is necessary. Prepared by: l/ � < Steve Smith Reviewed and Approved by: S;A� Philip Drell /tm 3 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16 OF THE MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS OF THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th day of November, 1997, hold a duly noticed public hearing to consider amending Chapter 25.16 of the Municipal Code relating to Development Standards of the R-1 zone; and WHEREAS, the Planning Commission, by Resolution No. 1839, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 97-18," 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 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 ZOA 97-4 as delineated in the attached Exhibit "A" is hereby ordained. ORDINANCE NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this _ day of 1997, 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 2 . ORDINANCE NO. EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. (Unchanged) It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. (Unchanged) The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 3 ORDINANCE NO. 25.16.030 Conditional uses. (Unchanged) The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. (Unchanged) All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (131 ) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. (Unchanged) All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. (Unchanged) All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. 4 I ORDINANCE NO. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. (Unchanged) All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. (New) The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090: E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 5 ORDINANCE NO. 25.16.090 Front, rear and side yard setback exceptions. (Newt A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. (New) All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ► unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude n acceptable quality signal. reception of a p q Y 9 25.16.110 Private swimming pools and pool equipment. (New) Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 6 ORDINANCE NO. 25.16.120 Private tennis courts and sports courts. (New) Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. (New) A satellite receiving dish of more .than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. (New) No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 7 MINUTES .� R �^ PALM DESERT PLANNING COMMISSION : • 511R�ECT TO NOVEMBER 18, 1997 REVISiOV s Chairperson Ferguson clarified that the commission was not being requested to make findings to support a variance, but to support findings for an exception. Mr. Drell concurred. Chairperson Ferguson asked what the standard was upon which the commission was supposed to find an exception. Mr. Drell said it was the best solution that did no harm. Chairperson Ferguson asked the City Attorney if this was the legally proper way to do this. Mr. Hargreaves said he hadn't reviewed that particular issue and he hoped that staff thoroughly reviewed that particular aspect of it. Mr. Drell stated that this zone allows the modification of standards with the approval of an amendment to the development plan or precise plan. Chairperson Ferguson asked if there were any other questions for staff. There were none. Chairperson Ferguson opened the public hearing and asked the applicant to speak first and then anyone wishing to address this application. MR. MIKE HOMME, 46-300 Desert Lily, stated that he was present to answer any questions. Chairperson Ferguson asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Campbell stated that she passes by there every week and as long as the building was one story, she didn't think anyone would notice the addition once construction was complete. She was in favor of the additions and would move for approval. Commissioner Fernandez said that he was also in favor of the project. Chairperson Ferguson agreed and said he saw no harm associated with this request. His only concern was trying to find a showing of extraordinary hardship, but if they didn't have to, then he thought it was great and was a good solution. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1838, approving DP 03-81 Amendment #1 , subject to conditions. Motion carried 3-0. B. Case No. ZOA 97-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 18, 1997 SU R.SECT TO z F. ' aFTREVIS°N4 Mr. Smith noted that the other night when he presented the Home Based Business Ordinance to the council, they suggested that he not go through the details. He asked if the commission wished him to go into detail or if he should just respond to questions. Chairperson Ferguson asked if the commission had any questions from their review of the staff report. Commissioners Campbell and Fernandez both indicated they didn't have any questions. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the item. There was no one and the public hearing was closed. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1839, recommending to City Council approval of ZOA 97-4. Motion carried 3-0. IX. MISCELLANEOUS A. REQUEST FOR A DETERMINATION OF USE TO ALLOW AN ART GALLERY IN THE PC-4 ZONE. Mr. Drell distributed a map of the area in question and explained that this was a request for determination of use/ordinance clarification question relative to a potential application in the PC-4 zone on property on Highway 74 south of the El Paseo Collection. He said the general area extended from the end of the El Paseo Collection parking lot up through the property where La Peon Restaurant is located. The area is zoned PC-4 and is the Resort Commercial zone which is a zone designed for properties to be developed as one master plan. It was zoned that way when the property was under single ownership. Subsequently, that property had financial difficulty and the property is owned by two or three ownerships. The property where the question is occurring is owned by Churchill Management or Fred Fern and Company. At least four lots to the south are owned by D. Hubbard and he was unclear as to who owns the La Paon site. He stated that the PC-4 zone requires as a primary use on a project site to be a restaurant or hotel. There were two ways to look at it. One individual lot (eight remaining undeveloped) or as one project/one site. There is a restaurant on the site, La Paon Restaurant. Once a hotel or restaurant is part of the project, then there is a whole list of associated resort tourist retail uses of which art galleries is one which can be developed in association with a hotel or restaurant. He thought it was probably unreasonable to expect every single parcel to have a hotel or restaurant on it. The interpretation he was making was that the existence of a restaurant on what was originally the project site qualifies for the 4 PLANK-4G COMMISSION RESOLUTION NU. 1839 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of November, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," 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 and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 1 th day of November, 1997, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, ER S NOES: NONE ABSENT: BEATY, JONATHAN ABSTAIN: NONE (77 RGUSON, Chairperson ATTEST: PHILIP DRELL, S ant Palm Desert Plan ing Commission PLANNING COMMISSION RESOLUTION NO. 1839 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 2 PLANNING COMMISSION RESOLUTION NO. 1839 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (131 ) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following . development standards. 3 PLANNING COMMISSION RESOLUTION NO. 1839 A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 2.5.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen 0 5) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (par[), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 4 PLANNING COMMISSION RESOLUTION NO. 1839 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1. The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 5 PLANNING COMMISSION RESOLUTION NO. 1839 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and invited guests; b the residents and their hall be used only 9 s Y Y D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 6 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: November 18, 1997 CASE NO: ZOA 97-4 REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. APPLICANT: City of Palm Desert I. BACKGROUND: This matter was originally scheduled for hearing September 16, 1997. At that time it was continued to a date uncertain. The proposed ordinance was reconsidered by ZORC at its October 1 , 1997 meeting and several changes were made. The case was re-advertised for hearing on November 18, 1997. Commission will recall that problems with the previous draft included directive language rather than prescriptive. IL DISCUSSION: Generally the changes begin at Section 25.16.080 A where maximum height remains at 18 feet and homes in excess of 15 feet in height must be reviewed and approved by ARC unless the plans have been approved by a homeowners association. This is consistent with current policy. The city attorney concurred with the section provided it said "the city's ARC process may be waived". Previous language encouraging a diversity of roof styles and strongly discouraging gable roof structures located adjacent to each other at minimum five foot setbacks has been deleted. Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Subsection "G" previously encouraged provision of adequate shading of major glass areas on the east and west exposures. This section has been deleted. State law will be the standard. STAFF REPORT CASE NO. ZOA 97-4 NOVEMBER 18, 1997 Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. New language permits satellite dishes 39 inches or less, evaporative coolers and solar panels to be visible if certain findings can be made. Section 25.16.110 regulates the location of swimming pools and pool equipment. Section 25.16.1 10 B has been revised to delete "placed in an enclosed structure" and "or be located behind a screen wall of sufficient height to obscure pool equipment from public view" has been added to the end of the section. Section 25.16.110 C currently reads: C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private. We allow block walls over an easement so why not pool equipment pits. Staff suggests that "and shall not be located within any utility easement, public or private" be deleted. ZORC did not concur with this suggested change. The committee felt that pool equipment and pits should not be located in an easement. We talked with the city attorney who indicated that the city is not required to protect a utility's easement (i.e., a homeowner can put these facilities in an easement but he should be made aware that it is in an easement). Subsection "D" previously stated: D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure. Staff suggested that "unless it is located within a sound mitigation enclosure" be replaced with "unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9.24.030." 2 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 This change has been made. This will encourage this equipment be placed in the rear yard. With the change to Subsection "D", Subsection "E" could be deleted and it has been deleted. Section 25.16.120 regulates tennis and sports courts. Sports courts have been defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton, and other similar outdoor activities. Subsection "B" limited each lot to a maximum of one tennis court and one sports court. Subsection "B" has been changed to add: Unless a conditional use permit is approved by the Planning Commission. This permits a large lot to request more than one of either or both types of courts. Section 25.16.130 relating to pool enclosure requirements has been deleted as it related to Ordinance No. 821 which should stand on its own. Section 25.16.140 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 39" versus the current five feet or greater. Section 25.16.150 would prohibit air conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. Staff discussed this matter with an acoustical engineer. Due to reflection from walls and eaves, noise in a side yard is difficult to manage. Staff considered setting a maximum sone rating for air conditioning units in the side yards but this was rejected as being "overkill" because complaints about loud air- conditioning units have been few and far between. Setting the units at least five feet from a property line will also serve to keep the side yard open for emergency access- 3 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 111. CONCLUSION: Most of the issues identified in the September 16, 1997 staff report have been resolved. One area remains open. Section 25.16.110 C provides that swimming pool equipment pits shall not be located in any utility easement. Considering that we permit block walls to cross easements and the city attorney's comments staff does not view the placement of a pit in an easement as a problem. The noise reduction achieved by placing pool equipment in a pit should not be discouraged. The ordinance as currently drafted would permit swimming pool equipment pits in a utility easement. IV. CEQA REVIEW: The proposed amendment is a class 5 categorical exemption for purposes of CEQA. No further documentation is necessary. V. RECOMMENDATION: That Case No. ZOA 97-4 be recommended for approval to the-City Council. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by Stave Smith Reviewed and Approved by Phil Drell /tm 4 ��--� City of Palm Desert Council Agenda Request Meeting of I'll""' 11, 1997 To-be considered under. Consent Calendar_ Resolutions_ Ordinances_ New Business_ Old Business_ Informational Items_ Public Hearings Other_ 2. Item Title: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development Standards of the R-1 zone. CASE NO: ZOA 97-4 - — --- - 3. Financial: (Complete if applicable) (a) Account/Project tl (b) Amount Requested (c) In the Current Budget? (c) Appropriation Required? Approved by Director of Finance: 4. Submitted by: STEVE SHITH s, Approvals: Department Hea ity Manager /tm a MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 18, 1997 Chairperson Ferguson clarified that the commission was not being requested to make findings to support a variance, but to support findings for an exception. Mr. Drell concurred. Chairperson Ferguson asked what the standard was upon which the commission was supposed to find an exception. Mr. Drell said it was the best solution that did no harm. Chairperson Ferguson asked the City Attorney if this was the legally proper way to do this. Mr. Hargreaves said he hadn't reviewed that particular issue and he hoped that staff thoroughly reviewed that particular aspect of it. Mr. Drell stated that this zone allows the modification of standards with the approval of an amendment to the development plan or precise plan. Chairperson Ferguson asked if there were any other questions for staff. There were none. Chairperson Ferguson opened the public hearing and asked the applicant to speak first and then anyone wishing to address this application. MR. MIKE HOMME, 46-300 Desert Lily, stated that he was present to answer any questions. Chairperson Ferguson asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Campbell stated that she passes by there every week and as long as the building was one story, she didn't think anyone would notice the addition once construction was complete. She was in favor of the additions and would move for approval. Commissioner Fernandez said that he was also in favor of the project. Chairperson Ferguson agreed and said he saw no harm associated with this request. His only concern was trying to find a showing of extraordinary hardship, but if they didn't have to, then he thought it was great and was a good solution. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1838, approving DP 03-81 Amendment #1 , subject to conditions. Motion carried 3-0. V1/ Case No. ZOA 97-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. 3 ! MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 18, 1997 Mr. Smith noted that the other night when he presented the Home Based Business Ordinance to the council, they suggested that he not go through the details. He asked if the commission wished him to go into detail or if he should just respond to questions. Chairperson Ferguson asked if the commission had any questions from their review of the staff report. Commissioners Campbell and Fernandez both indicated they didn't have any questions. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the item. There was no one and the public hearing was closed. Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1839, recommending to City Council approval of ZOA 97-4. Motion carried 3-0. IX. MISCELLANEOUS A. REQUEST FOR A DETERMINATION OF USE TO ALLOW AN ART GALLERY IN THE PC-4 ZONE. Mr. Drell distributed a map of the area in question and explained that this was a request for determination of use/ordinance clarification question relative to a potential application in the PC-4 zone on property on Highway 74 south of the El Paseo Collection. He said the general area extended from the end of the El Paseo Collection parking lot up through the property where La Paon Restaurant is located. The area is zoned PC-4 and is the Resort Commercial zone which is a zone designed for properties to be developed as one master plan. It was zoned that way when the property was under single ownership. Subsequently, that property had financial difficulty and the property is owned by two or three ownerships. The property where the question is occurring is owned by Churchill Management or Fred Fern and Company. At least four lots to the south are owned by D. Hubbard and he was unclear as to who owns the La Paon site. He stated that the PC-4 zone requires as a primary use on a project site to be a restaurant or hotel. There were two ways to look at it. One individual lot (eight remaining undeveloped) or as one project/one site. There is a restaurant on the site, La Paon Restaurant. Once a hotel or restaurant is part of the project, then there is a whole list of associated resort tourist retail uses of which art galleries is one which can be developed in association with a hotel or restaurant. He thought it was probably unreasonable to expect every single parcel to have a hotel or restaurant on it. The interpretation he was making was that the existence of a restaurant on what was originally the project site qualifies for the 4 I 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 - CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider amendments to Chapter 25.16 of the Municipal code, development standards of the R-1 zone. Post-it®Fax Note 7671 Date pagof es To From c• c Co./Dept. 1 Co. J !J Phone# J7 Phone k I Fax N .••� �., py Fan N SAID public hearing will be held on Thursday, December 11 , 1997, 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. 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 at the above address between the hours of 8:00 a.m. and 5:00 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk November 27, 1997 City of Palm Desert, California CITY OF PALM DESERT ID : 619-341-7098 NOV 19197 12 :22 TRANSMIT CONFIRMATION REPORT 'NO . 002 RECEIVER 6193291411 TRANSMITTER CITY OF PALM DESERT DATE NOV 19 '97 12 : 22 DURATION 00 '56 MODE STD PAGES 01 RESULT OK w i . w • c i $ City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 FAX(760)340-0574 I PLANNING COMMISSION MEETING NOTICE OF ACTION k Date: November 19, 1997 CITY OF PALM DESERT Re: ZOA 97-4 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 18, 1997: PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 97-4 TO CITY COUNCIL BY ADOPTING PLANNING COMMISSION RESOLUTION NO. 1839. MOTION CARRIED 3-0 (COMMISSIONERS BEATY AND JONATHAN WERE EI ABSENT). 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. 1L L. PHI IP DRELL SECRETARY PALM DESER PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal Paper PLANNING COMMISSION RESOLUTION NO. 1839 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of November, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," 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 and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 18th day of November. 1997, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, ER SO NOES: NONE ABSENT: BEATY, JONATHAN ABSTAIN: NONE AME 0 F RGUSON, Chairperson ATTEST: PHILIP DRELL, S4cretary Palm Desert Plan ing Commission `PLANNING COMMISSION RESOLUTION NO. 1839 EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 2 PLANNING COMMISSION RESOLUTION N O. 1 839 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1 ) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. 3 PLANNING COMMISSION RESOLUTION NO. 1839 A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 4 PLANNING COMMISSION RESOLUTION NO. 1839 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 5 PLANNING COMMISSION RESOLUTION NO. 1839 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. 6 r CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: November 18, 1997 CASE NO: ZOA 97-4 REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. APPLICANT: City of Palm Desert I. BACKGROUND: This matter was originally scheduled for hearing September 16, 1997. At that time it was continued to a date uncertain. The proposed ordinance was reconsidered by ZORC at its October 1 , 1997 meeting and several changes were made. The case was re-advertised for hearing on November 18, 1997. i Commission will recall that problems with the previous draft included directive language rather than prescriptive. II. DISCUSSION: ` Generally the changes begin at Section 25.16.080 A where maximum height remains at 18 feet and homes in excess of 15 feet in height must be reviewed and approved by ARC unless the plans have been approved by a homeowners association. This is consistent with current policy. The city attorney concurred with the section provided it said "the city's ARC process may be waived". Previous language encouraging a diversity of roof styles and strongly discouraging gable roof structures located adjacent to each other at minimum five foot setbacks has been deleted. Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Subsection "G" previously encouraged provision of adequate shading of major glass areas on the east and west exposures. This section has been deleted. State law will be the standard. STAFF REPORT CASE NO. ZOA 97-4 NOVEMBER 18, 1997 Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. New language permits satellite dishes 39 inches or less, evaporative coolers and solar panels to be visible if certain findings can be made. Section 25.16.110 regulates the location of swimming pools and pool equipment. Section 25.16.110 B has been revised to delete "placed in an enclosed structure" and "or be located behind a screen wall of sufficient height to obscure pool equipment from public view" has been added to the end of the section. Section 25.16.110 C currently reads: C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private. We allow block walls over an easement so why not pool equipment pits. Staff suggests that "and shall not be located within any utility easement, public or private" be deleted. ZORC did not concur with this suggested change. The committee felt that pool equipment and pits should not be located in an easement. We talked with the city attorney who indicated that the city is not required to protect a utility's easement (i.e., a homeowner can put these facilities in'an easement but he should be made aware that it is in an easement). Subsection "D" previously stated: D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure. Staff suggested that "unless it is located within a sound mitigation enclosure" be replaced with "unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9.24.030." 2 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 This change has been made. This will encourage this equipment be placed in the rear yard. With the change to Subsection "D", Subsection "E" could be deleted and it has been deleted. Section 25.16.120 regulates tennis and sports courts. Sports courts have been defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton, and other similar outdoor activities. Subsection "B" limited each lot to a maximum of one tennis court and one sports court. Subsection "B" has been changed to add: Unless a conditional use permit is approved by the Planning Commission. This permits a large lot to request more than one of either or both types of courts. Section 25.16.130 relating to pool enclosure requirements has been deleted as it related to Ordinance No. 821 which should stand on its own. Section 25.16.140 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 39" versus the current five feet or greater. Section 25.16.150 would prohibit air conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. Staff discussed this matter with an acoustical engineer. Due to reflection from walls and eaves, noise in a side yard is difficult to manage. Staff considered setting a maximum sone rating for air conditioning units in the side yards but this was rejected as being "overkill" because complaints about loud air- conditioning units have been few and far between. Setting the units at least five feet from a property line will also serve to keep the side yard open for emergency access. 3 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 III. CONCLUSION: Most of the issues identified in the September 16, 1997 staff report have been resolved. One area remains open. Section 25.16.110 C provides that swimming pool equipment pits shall not be located in any utility easement. Considering that we permit block walls to cross easements and the city attorney's comments staff does not view the placement of a pit in an easement as a problem. The noise reduction achieved by placing pool equipment in a pit should not be discouraged. The ordinance as currently drafted would permit swimming pool equipment pits in a utility easement. IV. CEO.A REVIEW: The proposed amendment is a class 5 categorical exemption for purposes of CEQA. No further documentation is necessary. V. RECOMMENDATION: That Case No. ZOA 97-4 be recommended for approval to the City Council. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by ` St a Smith _ Reviewed and Approved by Phil Drell Am 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 TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of November, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption; and j 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 Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 18th day of November, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: , PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.100 Roof mounted equipment. 25.16.110 Private swimming pools and pool equipment. 25.16.120 Private tennis courts and sports courts. 25.16.130 Satellite dish antennas. 25.16.140 Air conditioning equipment. i 25.16.010 Purpose. (Unchanged) It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1 ) 25.16.020 Principal uses and structures permitted. (Unchanged) The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10- 2) 2 PLANNING COMMISSION RESOLUTION NO. 25.16.030 Conditional uses. (Unchanged) The following uses may be permitted subject to a conditional use permit: ) A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. (Unchanged) All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (131) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. (Unchanged) All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; I C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 3 I PLANNING COMMISSION RESOLUTION NO. 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. /Unchanged) All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. (Unchanged) All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. (New) The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. 4 PLANNING COMMISSION RESOLUTION NO. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 25.16.090 Front, rear and side yard setback exceptions. (New) A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. (New) All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use; or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. (New) Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; 5 PLANNING COMMISSION RESOLUTION NO. C. Swimming pool equipment pits shall be located a minimum of five feet from any property line. With appropriate structural documentation, the minimum setback may be reduced to two (2) feet from the property line; D. Swimming pool equipment shall not be located within a required side yard setback adjacent to a structure unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 25.16.120 Private tennis courts and sports courts. (New) Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land unless a conditional use permit is approved by the Planning Commission; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade or the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. Note: For purposes of this section, sports courts are defined as: "A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, badminton and other similar outdoor activities." H. Design and orientation of sports courts may be subject to Architectural Review Commission review to insure minimum impacts on adjacent properties. 25.16.130 Satellite dish antennas. (New) A satellite receiving dish of more than 39 inches in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; 6 PLANNING COMMISSION RESOLUTION NO. B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.140 Air conditioning equipment. (New) No air conditioning equipment shall be located closer than five (5) feet to any front or side property line. i i I I 7 r , r � 4 City of Palm Desert 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260.2578 TELEPHONE(619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 18, 1997 i CITY OF PALM DESERT Re: ZOA 97-4 I The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 16, 1997: PLANNING COMMISSION, BY MINUTE MOTION, VOTED TO CONTINUE ZOA 97-4 TO A DATE UNCERTAIN. MOTION CARRIED 5-0. i 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. STEPHEN R. SMITH, ACTING SECRETARY PALM DESERT PLANNING COMMISSION E Am cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal G P;=PePor City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260.2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 18, 1997 CITY OF PALM DESERT Re: .ZOA 97-4 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 16, 1997: PLANNING COMMISSION, BY MINUTE MOTION, VOTED TO CONTINUE ZOA 97-4 TO A DATE UNCERTAIN. MOTION 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. �eO STEPHEN R. SMITH, ACTING SECRETARY PALM DESERT PLANNING COMMISSION /tm cc: Coachella Valley Water District . Public Works Department Building & Safety Department Fire Marshal Pnper MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 1997 Jonathan asked for clarification as to what staff was trying to accomplish with the continuance. Mr. Smith stated that the intent of staff by suggesting a continuance was to allow staff to renotice a change of zone that would apply to all six lots. It would make the whole block consistent with the General Plan and that would be the driving force behind it. It would also take care of the northerly lot that was left out. Commissioner Jonathan indicated that it would provide the commission with the opportunity to at least examine the possibility of creating some type of parking plan that could be imposed on those properties and if that could be accomplished or not. Mr. Smith concurred. Chairperson Ferguson stated that his goal is to try and stop piece-mealing this conversion process. The problem was not just on Monterey, but also Fred Waring Drive. They could at least get some uniform, at least some discussion of a plan, using a change of zone for the entire block as the driving force, at least for notices to the residents and businesses and allow that time for staff to work with the residents to come up with a plan that makes sense with the broadest consensus they could achieve among the property owners in question. Commissioner Campbell stated she would be in favor of a continuance and would make a motion. Mr. Smith clarified that the Precise Plan 97-13 would be continued to October 21 and staff should be directed to readvertise an amendment to C/Z 97-12 to include the six lots north of San Gorgonio for the meeting of October 21 . Action: It was moved by Commissioner Campbell, seconded by Commissioner Fernandez, continuing PP 97-13 and directing staff to readvertise an amendment to C/Z 97- 12 to include the six lots north of San Gorgonio for the meeting of October 21 , 1997 by minute motion. Motion carried 5-0. Chairperson Ferguson asked if Nancy Noel's business was there with a conditional use permit. Mr. Smith concurred and said that the pediatrist's office on the corner was also there with a conditional use permit. Chairperson Ferguson indicated that the other aspect was the change of zone and no existing businesses were there because of a change of zone, they were located there under conditional use permits. As they come back in under a change of zone, the city might have additional leverage to discuss with them some uniformity. F. Case No. ZOA 97-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25.16 of the Municipal Code, Development Standards in the R-1 zone. Mr. Smith explained that the Zoning Ordinance Review Committee considered at length development standards in the R-1 zone. Through the discussion of the staff report staff described in a general fashion the changes proposed from Zoning Ordinance Review Committee. Subsection "B" would increase the 24 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 1997 maximum coverage up to 50% subject to approval of Architectural Review Commission. Currently maximum coverages range from 30%-35% depending upon the size of the lots in question. Subsection "G" would encourage the provision of adequate shading on glass areas on the east and west. Section 090 of the draft would create new exceptions for front, rear and side yard setbacks. He said this was a major part of the discussion at ZORC and would allow for the averaging of setbacks and on irregularly shaped lots it would allow for reductions of up to 20% of the prescribed minimum standards. In both cases that would be subject to review and approval by ARC. Section 100 would require roof mounted equipment to be screened from view; 110 would regulate location of swimming pools and specifically pool equipment; 120 would require tennis courts and sports courts to observe certain setbacks and other standards; 130 noted that swimming pools were subject to Ordinance No. 821 which relates to the closure requirements for swimming pools; 140 regulates location and screening of satellite dish antennas for those dishes in excess of 40"--he noted there were exceptions in federal law for dishes in excess of 40"; and Section 150 would regulate the location of air-conditioning equipment. He stated that this draft would replace the existing R-1 standards. Mr. Smith noted that Chairperson Ferguson and Commissioner Campbell have sat in on ZORC and have consistently attending the various meetings held. He indicated that there are seven or eight members on ZORC and everyone has strong opinions so they tried to mesh these together. As noted under staff concerns on page 2, the language that came out of ZORC was that ARC encourage a diversity of roof styles and strongly discourage gable roof dwellings which are to be located adjacent to each other at the minimum five foot setbacks. Chairperson Ferguson felt that had staff's concerns been made available to ZORC at the time it adopted this, ZORC would not have wanted it to come to Planning Commission. He said that a lot of these concerns he was seeing for the first time. He didn't disagree with the concerns, but didn't feel that the committee has had the benefit of evaluating them. He was not sure the committee would want the commission taking action without reviewing staff's concerns. He stated that he was not sure why ZORC didn't get staff's concerns before the final passage of it. Mr. Smith indicated the fault should rest with him in that when sitting in the room he lost the forest and the trees in trying to come to a compromise and agreement on something and when you step back from the situation, it didn't make sense. He said he was less than forceful in bringing forward these problems, but he did concur that in this instance where they are encouraging like under Subsection G where they are encourage adequate shading, it was meaningless. He agreed that the matter should be referred back to ZORC and asked if Planning Commission wished to give them some direction as to where they should be going on these specific issues. ARC has a policy in place under Section 080 A and asked if we needed a standard for shading of glass areas. Chairperson Ferguson said he didn't think, if staff's concerns had been shared, that this would have been forwarded to the Planning Commission for its review. They have a committee made up of a Chamber executive, a commercial real 25 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 1997 estate agent, two private developers, two architects, a council member and a planning commissioner and Mr. Smith. The views were widely divergent and he agreed with Mr. Smith's concerns and felt it was before commission prematurely. Commissioner Jonathan asked if there was any reason not to postpone it to give ZORC a chance for review. Chairperson Ferguson replied no. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Chairperson Ferguson asked staff if the concerns could be settled by October 7. Mr. Smith said no and recommended a continuance to a date uncertain. Action: It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, continuing Case No. ZOA 97-4 to a date uncertain by minute motion. Motion carried 5-0. G. Case No. ZOA 97-5 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 25.66 of the Municipal Code relating to Home Occupations. Mr. Smith indicated that this also came out of the Zoning Ordinance Review Committee. The first thing that was being changed was the name of Home Occupation to Home Based Business. The proposed amendment was a big change to the existing ordinance. At this time the only person who could conduct a home based business was the resident of the dwelling. The change proposed would permit up to two additional employees at the site. The home based business would have to be conducted within enclosed buildings (home and/or garage). In the case of a home based business in a multifamily area like an apartment, the person could have a home based business but may not have employees. Section 050 delineated the permitted uses ranging from professional offices to instructional services and home crafts. Section 080 listed prohibited uses and they reduced the size of the prohibited uses list slightly. Section 090 provided procedures for revocation; 100 allowed for an appeal to City Council; and 110 would allow for collection of the fee as prescribed in the city's fee resolution. Mr. Smith stated that this was a Class 5 categorical exemption for CEQA purposes and staff recommended approval of this ordinance to City Council. Chairperson Ferguson opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. 26 r CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 16, 1997 CASE NO: ZOA 97-4 REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. APPLICANT: City of Palm Desert I. BACKGROUND: In conjunction with its review of Home Based Businesses, the Zoning Ordinance Review Committee (ZORC) has conducted a rigorous and comprehensive review of the development standards for.single family dwellings with a view of making the standards consistent with the wishes of today's home purchasers. This draft ordinance has been endorsed by ZORC. II. DISCUSSION: Generally the changes begin at Section 25.16.080 A where maximum height remains at 18 feet but the section now includes language encouraging a diversity of roof styles and strongly discouraging gable roof structures located adjacent to each other at minimum five foot setbacks. Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Subsection "G" will encourage provision of adequate shading of major glass areas on the east and west exposures. Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will-allow for-averaging of-setbacks and on-irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. Section 25.16.110 regulates the location of swimming pools and pool equipment. STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Section 25.16.120 requires that tennis and sports courts be reviewed by ARC and prescribes minimum setbacks and other standards. Section 25.16.130 places swimming pools subject to Ordinance 821 (pool enclosure requirements). Section 25.16.140 regulates the location and screening of satellite dish antennas in excess of 40" in diameter. - Section 25.16.150 regulates the location of air-conditioning equipment. This draft amendment would replace the existing Chapter 25.16 R-1 Single Family Residential District. III. STAFF CONCERNS: Several sections of the draft ordinance are directive rather than prescriptive. In section 25.16.080 A it states: The Architectural Review Commission encourages a diversity of roof styles and will strongly discourage gable roofed dwellings which are to be located adjacent to each other at the minimum five (5) foot setback. All homes fifteen (15) feet in height or more shall be reviewed and approved by the ARC prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived. This section expresses the existing city policy, however, the words "encourages" and "strongly discourage" could result in an enforcement problem. As well, we would like to have the City Attorney review whether we can legally delegate our authority to a home owners association. 2 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 In Section 25.16.080 G it states: G. Dwelling units should be designed to encourage adequate shading of major glass areas on the east and west exposures. This requirement is directive and should not be in an ordinance. If we are going to require solar protection then it should be so prescribed and require that certain levels of shading be provided. Section 25.16.100 states: All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception• Satellite television antenna less than 39 inches in diameter may be visible upon a showing that screening of same would• 1 ) unreasonably delay or prevent installation, maintenance or use; 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude reception of an acceptable duality signal This would effectively preclude evaporative coolers from being installed on roofs unless a screen wall is constructed around it. Currently, we ask that people install evaporative coolers on the back side of the roof so that it is not clearly visible from the street. This section would also prevent installation of solar collector panels. Staff suggests the exception be expanded to include other roof mounted equipment which meets similar criteria as the satellite television antennas. It would read: Other roof mounted equipment such as evaporative coolers and solar panels-may.be _visible upon showing that screening.would: 1 . Unreasonably delay or prevent installation, maintenance or use; or 2. Unreasonably increase the cost of installation, maintenance or use; or 3. Preclude required air circulation or solar access. 3 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Section 25.16.1 10 regulates private swimming pools and pool equipment. Subsection "B" states: B. All swimming pool equipment shall be housed in a building, placed in an enclosed structure, or located behind a screen wall and obscured from public view. Staff suggests that we delete "placed in an enclosed structure" and reword the end to read "or be located behind a screen wall of sufficient height to obscure said pool equipment from public view". Subsection "C" currently reads: C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private. We allow block walls over an easement so why not pool equipment pits. Staff suggests that "and shall not be located within any utility easement, public or private" be deleted. Subsection "D" currently states: D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure. Staff suggests that "unless it is located within a sound mitigation enclosure" be replaced with "unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9.24.030." Staff suggests that Section "E" can be deleted if the change in "D" is made. E. Notwithstanding any of the foregoing, no swimming pool equipment other than that located in a six (6) foot deep or greater pit shall be located closer than five (5) feet to any property line. Section 25.16.120 regulates tennis courts and sports courts. 4 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Sports courts should be defined. Staff suggests that sports courts be defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, and other similar outdoor activities. Subsection "B" limits each lot to a maximum of one tennis court and one sports court. Staff suggests that in Subsection "B" we should add to the end: Unless a conditional use permit is approved by the Planning Commission. This would permit a large lot to request more than one of either or both types of courts. Section 25.16.130 states: All swimming pools shall be subject to the provision of Ordinance No. 821 as amended. Ordinance No. 821 is a city requirement whether or not it appears in this R1 section. Other separate ordinances are not delineated therefore staff suggests that this section should be deleted. Section 25.16.140 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 40" versus the current five feet or greater. Section 25.16.150 would prohibit air conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. Staff suggests.that_this_section.be-referred-to an acoustical engineer to advise us of the best place to locate air conditioning units. Specifically, staff suggests that it may be advantageous to locate the air conditioning unit immediately adjacent to the property line wall. 5 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 IV. CEQA REVIEW: The proposed amendment is a class 5 categorical exemption for purposes of CEQA. No further documentation is necessary. V. RECOMMENDATION: That this case be continued to October 7, 1997 for the amendments noted by staff to be inserted. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits Prepared by teve Smith Reviewed and Approved by Phil Drell /tm 6 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 TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of September, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," 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 and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 16th day of September, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Section 1. That Municipal Code Chapter 25.16 be amended to read: Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 2 PLANNING COMMISSION RESOLUTION NO. _ 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; 3 PLANNING COMMISSION RESOLUTION NO. D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. The Architectural Review Commission encourages a diversity of roof styles and will strongly discourage gable roofed dwellings which are to be located adjacent to each other at the minimum five (5) foot setback. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). G. Dwelling units should be designed to encourage adequate shading of major glass areas on the east and west exposures. 4 PLANNING COMMISSION RESOLUTION NO. 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna less than 39 inches in diameter may be visible upon a showing that screening of same would• 1 ) unreasonably delay or prevent installation maintenance or use: 2) unreasonably increase the cost of installation maintenance or use; or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building, placed in an enclosed structure, or located behind a screen wall and obscured from public view; C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private; D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure; E. Notwithstanding any of the foregoing, no swimming pool equipment other than that located in a six (6) foot deep or greater pit shall be located closer than five (5) feet to any property line. 5 PLANNING COMMISSION RESOLUTION NO. _ 25.16.120 Private tennis courts and sports courts. Private tennis courts/snorts courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land; C. Private tennis courts/snorts courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/snorts courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/Igorts court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade and the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. 25.16.130 Pool enclosure requirements. All swimming pools shall be subiect to the provision of Ordinance No. 821 as amended. 25.16.140 Satellite dish antennas. A satellite receiving dish of forty (40) inches or more in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop or be placed in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.150 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any property line. 6 Off NOUN DD CCNN 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amendments to Chapter 25.16 of the Municipal Code, development standards of the R-1 zone. SAID public hearing will be held on Tuesday- September-16, 1997, 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. 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 at the above address between the hours of 8:00 a.m. and 5:00 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 4, 1997 Palm Desert Planning Commission ' � �~•`�` �o�� of� pad� D o o � 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amendments to Chapter 25.16 of the Municipal Code, development standards of the R-1 zone. SAID public hearing will be held on Tuesday, September 16, 1997, 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. 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 at the above address between the hours of 8:00 a.m. and 5:00 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 4, 1997 Palm Desert Planning Commission PROOF OF PUBLICATION County Clerk's Filing Stamp (2015.5 C.C.P) RECEIVED '97 NOV 7 PM 4 46 CITY CLERK'S OFFICE STATE OF CALIFORNIA, County of Riverside, ----------------------------------------- I am a citizen of the United States Proof of Publication of and a resident of the County afore- said; I am over the age of eighteen LEGAL NOTICE years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the PALM DESERT POST CRY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 974 a newspaper of general circulation, NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning commission to printed and published weekly in the consider amendments to Chapter 25.16 of the wnia City of Palm Desert , Cathedral City, Pal Code, development standards of the R-1 zone. SAID public hearing will be held on Tuesday,November and Rancho Mirage, County of 18,1997.at 700 pm.In the Coura Chamber at the Riverside, and which newspaper has Palm Desert Civic center,73-510 Fred Waring Drive, Palm Desert,California,at which time and place all in: been adjudged a newspaper of general twested persons are Invited to attend and be heard. circulation by the Superior Court of Written comments concerning all items covered bythis Public heading notice shall be accepted up to the date of the County of Riverside, State of the hearing.Information concerning the proposed pro- nder the date of lect andNor negative declaration is available forrovlew in California,r fhe Department of Community Development at rite October 5, 1964, Case Number 83658, above address between the hours of BAO a.m.and 5:oo that the notice of which the P.M.Monday through Friday.If you challenge tfte prop 1 osed actions In court,you may be llmhed io rarslrlg Doty annexed is a printed copy rd"ii sue«Y Of sothi eaInwr�mmt the apon (set in type not smaller than nonpareil ) , hearindance delivered to the Planning Commission at,or prior has been published in each regular and m. the public hearing. entire issue of said newspaper and not In PHILIP DRELL, Secretary Palm Desert Planning commis on any supplement thereof on the following (Pub. D.P. November 6, 1997) dates , to-wit: NOVEMBER 6. 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Palm Desert , California this 6TB DAY OF NIVEMBER 1997 ignat --u --- ------- PROOF OF PUBLICATION County Clerk 's Filing Stamp (2015.5 C.C.P) ft'tCFI`JED 197 SIT 9 FIT, 8 35 RECEIVED SEP - 91997 O0"WTYD6a PMEfTgEPAHTMENT Cf1Y0FPALMDESERT STATE OF CALIFORNIA, County of Riverside, -------=--------------------------------- I am a citizen of the United States Proof of Publication of and a resident of the County afore- said; I am over the age of eighteen LEGAL NOTICE . years , and not. a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the CITY OF PALM DESERT PALM DESERT POST LEGAL NOTICE a new of general circulation, NOTICE IS CASE NO. ZOA 974 HER GIVEN that a public hearing will be printed and published weekly in the held before the Palm Desert Planning Commission to con- sider amendments to Chapter 25.16 of the Municipal Code,. City of Palm Desert, Cathedral City, development standards of the R1 zone. SAID public hearing will be held on Tuesday,September 16, and Rancho Mirage , County of 1997,at7:00p.m.In the CoundI Chamber at the Palm De Riverside, and which newspaper has set Civic Center,73-5 10 Fred Waring Drive,Palm Desert, been adjudged a newspaper of general California,atwhich time and place all interested persons are irmited to attend and be heard.Written comments concern - circulation by the Superior Court of ing all items covered by this public hearing notice Shall be accepted up to the date of the hearing.Information concern- ing the proposed project andror negative declaration is the County of Riverside, State of available for review in the Department of Community Deve- California, under the date of lopmem al the above address between the hours of 8:00 a.m.and 5:00 p.m.Monday through Friday.If you challenge' October 5, 1964, Case Number 83658, the proposed actions in court,you may be limited se raising that the notice , Of which the only those issue you or someone else raised at the public hearing described In this notice,or in written correspon annexed is a printed Copy deuce delivered to the Planning Commission at,or prior to, set in type not smaller than nonpareil ) , the public hearing. ( YP PHILIP DRELL, Secretary has been published in each regular and Palm Desen Planning Commission entire issue of said newspaper and not in (Pub. D.P. September a, 1997) any supplement thereof on the following dates, to-wit: SEPTEMBER 4, 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Palm Desert , California this 4TE DAY OF S EMBER .1997 -------- ' - - - -------- Signa re 'a CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT Planning TO: P g Commission DATE: September 16, 1997 CASE NO: ZOA 97-4 REQUEST: Approval of an amendment to Chapter 25.16 of the Municipal Code, Development standards of the R-1 zone. APPLICANT: City of Palm Desert I. BACKGROUND: In conjunction with its review of Home Based Businesses, the Zoning Ordinance Review Committee (ZORC) has conducted a rigorous and comprehensive review of the development standards for single family dwellings with a view of making the standards consistent with the wishes of today's home purchasers. This draft ordinance has been endorsed by ZORC. 11. DISCUSSION: Generally the changes begin at Section 25.16.080 A where maximum height remains at 18 feet but the section now includes language encouraging a diversity of roof styles and strongly discouraging gable roof structures located adjacent to each other at minimum five foot setbacks. Subsection "B" will increase maximum lot coverage to up to 50% subject to approval by ARC. Subsection "G" will encourage provision of adequate shading of major glass areas on the east and west exposures. Section 25.16.090 creates new exceptions to front, rear and side yard setbacks. This section will allow for averaging of setbacks and on irregularly shaped lots allows reductions of up to 20% subject to ARC approval. Section 25.16.100 requires roof-mounted equipment to be screened from view. Section 25.16.110 regulates the location of swimming pools and pool equipment. STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Section 25.16.120 requires that tennis and sports courts be reviewed by ARC and prescribes minimum setbacks and other standards. Section 25.16.130 places swimming pools subject to Ordinance 821 (pool enclosure requirements). Section 25.16.140 regulates the location and screening of satellite dish antennas in excess of 40" in diameter. Section 25.16.150 regulates the location of air-conditioning equipment. This draft amendment would replace the existing Chapter 25.16 R-1 Single Family Residential District. III. STAFF CONCERNS: Several sections of the draft ordinance are directive rather than prescriptive. In section 25.16.080 A it states: The Architectural Review Commission encourages a diversity of roof styles and will strongly discourage gable roofed dwellings which are to be located adjacent to each other at the minimum five (5) foot setback. All homes fifteen (15) feet in height or more shall be reviewed and approved by the ARC prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived. This section expresses the existing city policy, however, the words "encourages" and "strongly discourage" could result in an enforcement problem. As well, we would like to have the City Attorney review whether we can legally delegate our authority to a home owners association. 2 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 In Section 25.16.080 G it states: G. Dwelling units should be designed to encourage adequate shading of major glass areas on the east and west exposures. This requirement is directive and should not be in an ordinance. If we are going to require solar protection then it should be so prescribed and require that certain levels of shading be provided. Section 25.16.100 states: All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna less than 39 inches in diameter may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use: 2) unreasonably increase the cost of installation, maintenance or use: or 3) preclude reception of an acceptable quality signal This would effectively preclude evaporative coolers from being installed on roofs unless a screen wall is constructed around it. Currently, we ask that people install evaporative coolers on the back side of the roof so that it is not clearly visible from the street. This section would also prevent installation of solar collector panels. Staff suggests the exception be expanded to include other roof mounted equipment which meets similar criteria as the satellite television antennas. It would read: Other roof mounted equipment such as evaporative coolers and solar panels may be .visible upon showing that screening would: 1 . Unreasonably delay or prevent installation, maintenance or use; or 2. Unreasonably increase the cost of installation, maintenance or use; or 3. Preclude required air circulation or solar access. 3 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Section 25.16.110 regulates private swimming pools and pool equipment. Subsection "B" states: B. All swimming pool equipment shall be housed in a building, placed in an enclosed structure, or located behind a screen wall and obscured from public view. Staff suggests that we delete "placed in an enclosed structure" and reword the end to read "or be located behind a screen wall of sufficient height to obscure said pool equipment from public view". Subsection "C" currently reads: C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private. We allow block walls over an easement so why not pool equipment pits. Staff suggests that "and shall not be located within any utility easement, public or private" be deleted. Subsection "D" currently states: D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure. Staff suggests that "unless it is located within a sound mitigation enclosure" be replaced with "unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9.24.030." Staff suggests that Section "E" can be deleted if the change in "D" is made. E. Notwithstanding any of the foregoing, no swimming pool equipment other than that located in a six (6) foot deep or greater pit shall be located closer than five (5) feet to any property line. Section 25.16.120 regulates tennis courts and sports courts. 4 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 Sports courts should be defined. Staff suggests that sports courts be defined as: A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, and other similar outdoor activities. L� b,dnarw{wV Subsection "B" limits each lot to a maximum of one tennis court and one sports court. Staff suggests that in Subsection "B" we should add to the end: Unless a conditional use permit is approved by the Planning Commission. This would permit a large lot to request more than one of either or both types of courts. Section 25.16.130 states: All swimming pools shall be subject to the provision of Ordinance No. 821 as amended. Ordinance No. 821 is a city requirement whether or not it appears in this R1 section. Other separate ordinances are not delineated therefore staff suggests that this section should be deleted. Section 25.16.140 is consistent with the existing regulations for satellite dish antennas except that it will apply to dishes greater than 40" versus the current five feet or greater. Section 25.16.150 would prohibit air conditioning equipment closer than five feet to a property line. The concern here is the noise impact on the adjacent residence. Staff suggests.that.this.section be referred.to an acoustical engineer to advise us of the best place to locate air conditioning units. Specifically, staff suggests that it may be advantageous to locate the air conditioning unit immediately adjacent to the property line wall. 5 STAFF REPORT ZOA 97-4 SEPTEMBER 16, 1997 IV. CEQA REVIEW: The proposed amendment is a class 5 categorical exemption for purposes of CEQA. No further documentation is necessary. V. RECOMMENDATION: That this case be continued to October 7, 1997 for the amendments noted by staff to be inserted. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. Plans and exhibits 44 Prepared by teve Smith Reviewed and Approved by- � , a Phil Drell /tm 6 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 TO DEVELOPMENT STANDARDS IN THE R-1 ZONE. CASE NO. ZOA 97-4 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of September, 1997, hold a duly noticed public hearing to consider the amendment of the Zoning Ordinance Section 25.16 relating to R-1 development standards; 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. 97-18," 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 and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Zoning Ordinance text amendment: 1 . The proposed amendment relating to development standards in the R-1 zone is consistent with the intent of the Zoning Ordinance and protect 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 the City Council of ZOA 97-4 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 16th day of September, 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAMES CATO FERGUSON, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission PLANNING COMMISSION RESOLUTION NO. _ EXHIBIT "A" Section 1. That Municipal Code Chapter 25.16 be amended to read: Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2) 2 PLANNING COMMISSION RESOLUTION NO. 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25:16.030 shall be strictly prohibited within the (R1) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; 3 PLANNING COMMISSION RESOLUTION NO. D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. The Architectural Review Commission encourages a diversity of roof styles and will strongly discourage gable roofed dwellings which are to be located adjacent to each other at the minimum five (5) foot setback. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived- B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). G. Dwelling units should be designed to encourage adequate shading of major glass areas on the east and west exposures. 4 I PLANNING COMMISSION RESOLUTION NO. 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width)• Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1. The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna less than 39 inches in diameter may be visible upon a showing that screening of same would: 1) unreasonably delay or prevent installation maintenance or use; 2) unreasonably increase the cost of installation maintenance or use: or 3) preclude reception of an acceptable quality signal. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building, placed in an enclosed structure, or located behind a screen wall and obscured from public view; C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private; D. Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure; E. Notwithstanding any of the foregoing, no swimming pool equipment other than that located in a six (6) foot deep or greater pit shall be located closer than five (5) feet to any property line. 5 PLANNING COMMISSION RESOLUTION NO. _ 25.16.120 Private tennis courts and sports courts. Private tennis courts/snorts courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade and the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. 25.16.130 Pool enclosure requirements. All swimming pools shall be subiect to the provision of Ordinance No. 821 as amended. 25.16.140 Satellite dish antennas. A satellite receiving dish of forty (40) inches or more in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop or be placed in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.150 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any property line. 6 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)34&0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amendments to Chapter 25.16 of the Municipal Code, development standards of the R-1 zone. SAID public hearing will be held on Tuesday, September 16, 1997, 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. 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 at the above address between the hours of 8:00 a.m. and 5:00 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 4, 1997 Palm Desert Planning Commission r t Chapter 25.16 R1 SINGLE-FAMILY RESIDENTIAL DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1 ) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10- 2) 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; r f Chapter 25.16 F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (131 ) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; 2 Chapter 25.16 H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.080 General development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, 'when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide 3 Chapter 25.16 dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna less than 39 inches in diameter_ and other roof mounted equipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use: 2) unreasonably increase the cost of installation, maintenance or use: or 3) preclude reception of an acceptable auality sional. 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private; D. Swimming pool equipment shall not be located within a required side yard setback unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 4 r Chapter 25.16 25.16.120 Private tennis courts and sports courts. Private tennis courts/sports courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one sports court for each residential parcel of land; C. Private tennis courts/snorts courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/snorts courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade and the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. 25.16.130 Pool enclosure requirements. All swimming pools shall be subject to the provision of Ordinance No. 821 as amended. 25.16.140 Satellite dish antennas. A satellite receiving dish of forty (40) inches or more in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.150 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any property 5 I Chapter 25.16 line. 6 CITY OF PALM DESERT ID : 619=341-7098 AUG 26 '97 11 :02 TRANSMIT CONFIRMATION REPORT NO . 005 RECEIVER 6193291411 TRANSMITTER CITY OF PALM DESERT DATE RUG 26 '97 11 : 02 DURATION 02 '23 MODE STD PAGES 03 RESULT OK 1,Date Post-if Fax Note 7671 (o Pages 3 TO From Co./Dept. Co. Phone# Phone# Fax# 3a ® Fax# �1. 1 wn 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 97-4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider amendments to Chapter 25.16 of the Municipal Code, development standards of the R-1 zone. SAID public hearing will be held on Tuesday, November 18, 1997, 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. 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 at the above address between the hours of 8:00 a.m. and 5:00 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 at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary November 6, 1997 Palm Desert Planning Commission Chapter 2 16 R1 SINGLE-FAMILY RESIDENTIAL 6 DISTRICT Sections: 25.16.010 Purpose. 25.16.020 Principal uses and structures permitted. 25.16.030 Conditional uses. 25.16.040 Prohibited uses. 25.16.050 Development standards for lots less than ten thousand square feet. 25.16.060 Development standards for lots larger than ten thousand square feet but less than fifteen thousand square feet. 25.16.070 Development standards for lots larger than fifteen thousand square feet. 25.16.080 General development standards applicable to all lots. 25.16.090 Front yard setback exception. 25.16.010 Purpose. It is the intent of the R1 district to encourage the preservation of residential neighborhoods characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands for similar types of residential development by permitting a minimum of auxiliary nonresidential uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1 ) 25.16.020 Principal uses and structures permitted. The following uses and structures shall be permitted in any R1 district: A. Accessory building, uses, and/or structures; B: Domestic animals; C. Home based businesses, as provided in Chapter 25.66; D. Private greenhouses and horticultural collections, flower and vegetable gardens; E. Public parks and recreational facilities; F. Single-family dwelling per lot; G. Temporary uses as provided in Chapter 25.64. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10- 2) 25.16.030 Conditional uses. The following uses may be permitted subject to a conditional use permit: A. Boarding houses and rooming houses; B. Churches, convents, monasteries and other religious institutions; C. Day nurseries and nursery schools; D. Fire stations; E. Private recreational facilities such as country clubs, tennis and swim clubs, golf courses, with incidental, limited commercial uses which are commonly associated and directly related to the primary use; I _ _ Chapter 25.16 r F. Private schools and colleges, not including art, business, or trade schools or colleges; G. Public educational institutions; H. Public utility and public service facilities I. Commercial parking lots when directly adjacent to the C-1 general commercial zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section 2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3) 25.16.040 Prohibited uses. All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited within the (R1 ) residential district. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-4) 25.16.050 Development standards for lots less than ten thousand square feet. All development on lots less than ten thousand square feet as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot area, eight thousand square feet or larger as determined by the city council and indicated on the zoning map; B. Minimum lot width, seventy feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, fifteen feet; E. Minimum side yards, fourteen feet combined, each of which shall be not less than five feet; F. Minimum street side yard, ten feet; G. Maximum building site coverage, thirty-five percent; H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09) 25.16.060 Development standards for lots at least ten thousand square feet but less than fifteen thousand square feet. All development on lots at least ten thousand square feet but smaller than fifteen thousand square feet as shown on the zoning map shall comply to the following development standards. A. Minimum lot depth, one hundred feet; B. Minimum lot widths, ninety feet; C. Minimum front yard, twenty feet; D. Minimum rear yard, twenty feet; E. Minimum side yards, twenty feet combined, no side less than eight feet; F. Minimum street side yard, fifteen feet; G. Maximum building site coverage, thirty-five percent; 2 Chapter 25.16 H. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to one thousand two hundred fifty square feet for all lots larger than ten thousand square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08) 25.16.070 Development standards for lots fifteen thousand square feet or more. All developments on lots fifteen thousand square feet or more as shown on the zoning map shall comply to the following minimum development standards: A. Minimum lot depth, one hundred twenty-five feet; B. Minimum lot width, ninety feet; C. Minimum front yard, twenty-five feet; D. Minimum rear yard, twenty feet; E. Minimum side yard, fifteen feet; F. Minimum street side yard, fifteen feet; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet; H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part), 3, 1976; Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08) 25.16.08�ral development standards applicable to all lots. The following standards shall apply to all lots in an R1 district: A. Maximum building height, eighteen feet and maximum one story in height. All homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior to issuance of building permits. If the property is within a homeowners association with a bonafide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived; B. Maximum building site coverage in the R-1 zone districts may be increased to as much as 50% subject to review and approval by, the Architectural Review Commission. Items to be considered by the A.R.C. include, but are not limited to, building setbacks and neighborhood compatibility. C. All parking and loading shall comply with the provisions of Chapter 25.58; D. For provisions regarding utilities, see Section 25.56.090; E. All signs shall be in compliance with Chapter 25.68; F. All development shall comply with the provisions of Chapter 25.70 for site plan review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 25.16.090 Front, rear and side yard setback exceptions. A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the required setback provided that the average of each such setback, when considered on an individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide 3 Chapter 25.16 dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet of its width). Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may be reduced to ten (10) feet provided that the average of the rear yard setback complies with the 15 foot requirement. B. In addition to the provisions of Section A, the required front, rear and side yard setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that: 1 . The lot in question is irregular in shape (i.e. the lot has significantly less width or depth than the typical lot in the subdivision or the lot has more than four boundary lines and the dimensions prevent a home typical of the neighborhood from being placed on the lot; and 2. The architectural review commission makes a determination that the reduced setback(s) will not have a detrimental impact on the neighborhood. 25.16.100 Roof mounted equipment. All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling, solar and antenna shall be screened to the greatest extent possible so as to preclude viewing of same from adjacent residences, public ways and golf courses (public or private). Exception: Satellite television antenna less than 39 inches in diameter and other roof mounted eauipment such as evaporative coolers or solar panels may be visible upon a showing that screening of same would: 1 ) unreasonably delay or prevent installation, maintenance or use: 2) unreasonably increase the cost of installation maintenance or use: or 3) preclude reception of an acceptable quality signal 25.16.110 Private swimming pools and pool equipment. Private swimming pools shall be permitted on residential lots in accordance with the standards listed below: A. The water perimeter of the pool shall be no closer than five feet from any property line unless appropriate engineering documentation is provided which shows that the pool will not create a surcharge problem on structures at the property line. With appropriate documentation the minimum setback may be reduced to two (2) feet from the property line; B. All swimming pool equipment shall be housed in a building or be located behind a screen wall of sufficient height to obscure said pool equipment from public view; C. Swimming pool equipment pits shall be located a minimum of two feet from any property line and shall not be located within any utility easement, public or private; D. Swimming pool equipment shall not be located within a required side yard setback unless it is demonstrated that the noise level at the property line will comply with the noise levels of Municipal Code Section 9:24.030. 4 Chapter 25.16 25.16.120 Private tennis courts and sports courts. Private tennis courts/snorts courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis curt and one sports court for each residential parcel of landy, of ho a 'Pcrnc- !oJ'Prr^wl n>�ry A$-1 C. Private tennis courts/snorts courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/sports courts fencing shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade and the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side ancj rear property lines. 25.16.130 Pool enclosure requirements."A walled or fenced area for playing one of various games with a ball such as racquet ball, hand ball, basketball, and other similar \As wi g ooIs h be �ueot outdoor activities." ►����++%N�"vL 25.16.140 Satellite dish antennas. Mort 4b"sq A satellite receiving dish of-forty (4,01 inches-er-mere in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.150 Air conditioning equipment. po[t No air conditioning equipment shall be located closer than five (5) feet to an property 5 I Chapter 25.16 �q q ODD 6 1Z ` Z v S CITY OF PALM DESERT ID :619-341-7098 OCT 29 '97 13 :33 TRANSMIT CONFIRMATION REPORT NO . 002 RECEIVER 6193291411 TRANSMITTER CITY OF PALM DESERT DATE OCT 29 '97 13 :33 DURATION 01 '39 MODE STD PAGES 02 RESULT OK Post-it*Fax Note 7671 Data 9% To #al Pages Co apt From,n Phone# !' Co, Phone#Fax# Q J Q Fax# ��p/ PLANNING COMMISSION RESOLUTION NO. 25.16.120 Private tennis courts and sports courts. Private tennis courts/snorts courts (courts) are subject to review and approval by the Architectural Review Commission and shall be constructed consistent with the following: A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a minimum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court and one snorts court for each residential parcel of land; C. Private tennis courts/sports courts shall not be used for commercial purposes, and shall be used only by the residents and their invited guests; D. All tennis courts/soorts courts fencing. shall not exceed ten feet in height as measured from the elevation at the adjacent property line, and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping; E. A landscape and irrigation plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court/lpprLsL court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor Lighting Requirements; G. If the tennis/sports court is depressed at least four (4) feet below the existing grade and the fence is no more than six (6) feet above the adjacent grade then the court may be located to within five (5) feet of the side and rear property lines. 25.16.130 Pool enclosure requirements. All swimming pools shall be subiect to the provision of Ordinance No. 821 as amended. 25.16.140 Satellite dish antennas. 3y lrJCIAW A satellite receiving dish p � __ s Qpzn ft in diameter must conform to the following standards: A. The receiver shall not be visible from the street or be placed on a rooftop or be placed in a required front setback, or any other required setback except a rear setback with no portion of receiver located within five (5) feet of a property line; B. Height from existing or finished adjacent grade, whichever is less, shall not exceed fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet otherwise. 25.16.150 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5).feet to any property line. 6 i I - f TO`4 76 I I {