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Home My WebLink AboutZOA REVIEW COMMITTEE 1998 � ■sx� ■ieMr -Ica� r .r r c� _. „4,;� �` �� r .• I Mr. Jim Foxx Mr. Frank Urrutia Urrutia, A. I.A. & Associates Mr. Bob Leo. -foxx & Associates 73-550 Alessandro Drive Chamber of Commerce -73-111 El Paseo, Suite 200 Suite 201 72-990 Highway 111 halm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 Mr. Frank Goodman Mr. Jim Ferguson Mr. Tim Bartlett 77-900 Avenue of the States Ferguson & Bernheimer 42-700 Bob Hope Drive Palm Desert, CA 92260 73-710 Fred Waring Drive Suite 304 Suite 208 Rancho Mirage, CA 92270 Palm Desert, CA 92260 Jean Benson Phil -Drell Steve Smith s r" r�l f -pA.J ZONING ORDINANCE REVIEW COMMITTEE AGENDA TUESDAY, DECEMBER 2, 1997 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CONTINUE REVIEW OF SIGN ORDINANCE Presentation by Madison Marquette for Gardens on El Paseo II. CONTINUE RECONSIDERATION OF PLANNED OFFICEIINDUSTRIAL ZONE STANDARDS Review of standards of other cities III. PC(4) ZONE INTERPRETATION Art Gallery 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A maximum of one marquee awning which extends beyond the property line shall be permitted per building. All awnings which extend beyond the property line into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 'Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A maximum of one marquee awning which extends beyond the property line shall be permitted per building. All awnings which extend beyond the property line into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 `Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A maximum of one marquee awning which extends beyond the property line shall be permitted per building. All awnings which extend beyond the property line into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord.. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A maximum of one marquee awning which extends beyond the property line shall be permitted per building. All awnings which extend beyond the property line into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A maximum of one marquee awning which extends beyond the property line shall be permitted per building. All awnings which extend beyond the property line into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) I 1� Chapter 2SM 25.69.270 Sign area-Commercial and industrial uses. i SIGNS 25.6&280 Frontage an two or more streets. 25.68290 Alternative sign area allocation Sections: for small commercial complexes. L GENERAL PROVISIONS. 25.68300 Height-Wan signs. 2SA&010 Intent and purpose. 25.68310 Freestanding signs. 2SAMO Definitions 25.68320 Second-story businesses. 25.68.025 Applicability of certain 25.68330 Sign for pedestrian traffic. amendments. 25.68335 Directional signs for courtyard or-plaza businesses. 1L PERMITS. 25.68336 Restaurant menu boards: I 25.68030 Sign permit procedure 25.68340 Temporary signs within window 25.6&040 Sign integration requirement. areas. 2S.6&050 Adjustments. 2S.68350 Special event signs. 25.6&060 Permit record requirement. 25.68360 Listing of business associates. 25.68.070 Double permit fee. 2SAU70 Use of attraction boards by r 25.68080 Exceptions to sign permit nightclubs. procedures. 25AUSO Gasoline service stations. 2S.68391 Freestanding sign review criteria. III. PROHIBITIONS AND ABATEMENT. 25.69395 Building or building complex 25.6&090 Prohibited signs. identification signs in the general 25.68.100 Abatement of Illegal signs. commercial district. 25.6&400 Sales and rental signs IV. PERWITED SIGNS. 25.69.110 Safe signs. VIH. MOBILE HOME PARKS. 25.68.120 Permitted signs-Purpose. 25.68.410 Signs in RM zones. r - !j V. SINGLE-FAMILY ZONES. DL GENERAL PROVISIONS. 2SM-130 Realty signs 25.6&420 Signs generally. 25.6g140 Nameplates. 2S.68.430 Architectural commission 25.68.150 Open house signs prate 25.68.160 Signs for special events. 25.6&440 Sign review criteria 25.6&170 Other signs. 25.68.450 Signs facing private property prohibited VI. OTHER RESIDENTIAL ZONES. 25.6&460 Required information on signs. 25.68.180 Signs in residential zones other 25.6&470 Proper maintenance of signs than single-family. 25.68.480 Sign colors �. 2SAL190 Sign area-Hotels, motels and 25.68.490 Glare from signs apartments. 25.68500 Location of right-angle signs 25.68.200 Sign area-Condominiums. 25.68510 Obstruction of passage. 25.6&210 Other nonresidential uses 25.68530 Exceptions to sign limitations. allowed. 25.69540 Special permits. 25.68220 Use or attraction boards for 25.68550 Imitation of traffic signal. hotels and motels. 25.68560 Overhead electric conductors. 25.68230 Freestanding signs. 25.68240 Double frontage lots X. SPECIAL PURPOSE SIGNS. 2SA9.250 Sales and rental signs (other 25.68570 Trade construction signs L residential zones). 25.68580 No-trespassing signs. 2S•68590 Land division signs. VII. COMMERCIAL AND INDUSTRIAL- ZONES. 2S.68.600 Lease potential signs. t 25.681" One sign per complex. 25.68.605 Lottery signs. 25.6&606 Bingo signs. 439 (Farm Dam 9-91) 25.68.010 25.68.607 Lights outlining B. "A&4crd 6hg display"means any device,contrivance, humingslwindows. statue or structure other than a sign used as a display, 25.68.610 Signs on awnings, marquees, regardless of size and shape,for the purposes of attracting canopies, arcades or similar attention or making anything known, the origin or place st uemm or attachments. of We of which is on the property with such advertising 25.6L615 Open summer signs display. 25IL620 Politiml sign regulations. C. The arm of a sips shall be within a single continuous 25JAL630 Signs for public or quasi-public perimeter of not more than eight straight lines enclosing trees. the extreme limits of writing,representation,emblem,or any figure of similar character,together with any material XL ENFORCE M224T AND AMORTEEA11ON. or color forming an integral part of the display or used 25.6L640 Lawful nonconforming signs. to differentiate such sips from the background against which 25.611.00 Lawfd nonconforming signs to it is placed In the case of a sign designed with more than be removed. one exterior surface,the area shall be computed as including 25.68.660 Lawfd nonconforming status not only the n=imnm single display surface which is visible to apply to offsite signs, i.e. from any pound position at one time.The supports, up- billboards. rights,or structure on which any such sign is supported 25.68.720 Planting commission criteria. shall not be included in determining the sign area unless 2SAL730 Exceptions process, such supports,uprights,or structures are designed in such 25.6L740 Discontinuance of a businem a mamer as to form an integral background of the display. 25.68.750 Nonconforming signs D. In addition to its common meaning. a"building" maintenance includes any strucure requiring a building permit. 25.6L760 Penalties. E. "Business sips"means a sign displaying information pertaining to goods or services offered or produced by the L GENERAL PROVISIONS business located on the ptoperty,but not including advertis- ing devices or advertising displays 25.6LO10 Intent and purpose F. "Combination sign"means any sign incorporating This chapter is intended to implement the goals and any combination of the funnaes of freestanding,projecting policies of the general plan, particularly with regard to and roof signs developing a city that is visually attractive and preserving G. -Construction sign"means a temporary sips stating and enhancing the visual aspects of the city's streets and the names of those individuals or firms directly connected highways.This chapter is also intended to provide for a with the constriction or development project their addresses more orderly presentation of advertising displays and and their telephone numberm identification on properties within the dry which are zoned H. "Externally lighted sign" means a sign whose commercial, industrial, and residential to bring those immediate source of illumination is not enclosed by the devices in harmony with the building,the neighborhood, surface of the sign structure. and other sips in the arm;to protect the general welfare 1. The"face or wall of a building" means the outer of the businessmen and residents within the same area, surface of any main exterior wall or foundation of a build- ers well as the citizens of Palm Desert, and to do so by ing. including windows and store fronts. regulating and controlling the location, design,quality of I. "Freestanding sign" means a sign supported by materials,illumination and maintenance of signs and sign upright pedestals or braces placed upon or into the ground structures. (Ord. 129§4(part), 1977:Ord 98§ 1 (part), and detached from any building. 1975: Exhibit A § 2538-1) IC "Height of a sigh" means the greatest vertical distance measured from the ground level directly beneath 25.69.020 Definitions. the sign to the top of the sign. The following words and phrases shall apply in this L "Identification sign" means a sign limited to the chapter. identifying name,symbol or insignia,or any combination A. "Advertising device" means any balloon, flag, thereof,of a building,use,or persons occupying the premis- pennant propeller;oscillating, rotating, pulsating, light; es on which the sign is located or other contrivance except a sign used to attract attention bL "Internally lighted sign" means a sign with an for the purpose of promoting(either directly or indirectly), immediate scum of illumination that is completely enclosed the sale of products of any person. by the surface of the sign structure. tr.i.Deem 8-91) 440 25.6&020 l' din one foot of the exterior wall and not extending above the cave line- N. "Nameplate"means a sign not exoxe g by three feet signifying only the same of the occupant and The lowest part of a mansard-style roof shall be considered his occupation or specialty. the cave line. (Ord. 587 § 2(Exhibit A § 1), 1989; Ord. O. "Outdoor advertising structure or sign" means a 129§5 (part), 1977: Ord.98 § 1 (part), 1975:Exhibit A t sign plated for the purpose of advertising produce or §§ 2538.2-2538-225) services that are not produced, stored, or sold on the property upon which the sign is located. 25.68.025 Applicability of certain h P. "Political sign"means any sign concerning candi- amendments. dates for political office or involving a ballot issue. A. The amendments set out in Ordinances 587 and 637, Q. "Price sign"means a sign limited to the name or affecting Sections 25.69.020, 25-68.030, 25-68.120, identification of items or products offered for sale on the 25.68.230, 25.68310, 25.68350, 25.68390, 25.68.440, premises,-and the price of the items or produce 25.68.470. 25.68.480, 25.68.490, 25.68540, 25.68570, R. "Projecting sign" means a sign other than a wall 25.6&605,25.6&606,25.68.607,25.68.610,25.68.760 and sign stupended from or supported by a bolding or structure 25.M.020, are limited in their effect to regulating the on of new on-premises advertising displays.A construction t' and projecting outward therefrom. Pre S. "Real estate sign"means a temporary sign adverts- new on-premises advertising display means.for the purposes ing the sale, lease, or rent of the property upon which it of this section,a display whose structure or housing has is located, and the identification of the person or firm not been affixed to its intended premises. Construction handling such sale, lease, or real means,for the purposes of this section,the manufacturing T. "Roof sign"means a sign affixed on,above,or over or creation of a new on-premises advertising display. L the roof of any building,or any sign affixed to the wall R Notwithstanding subsection A of this section limiting of a building so that it projects above the cave line of a the effort of these amendments,aQy illegally installed signs roof. The lowest point of a mansard style roof shall be may be abated pursuant to Section 25.68.100. (Ord. 637 considered the cave line. §§ 3, 4, 1991; Ord 587 §§ 3, 4, 1989) L. U. "Sign"means any thing of visual appearance primari- ly used for,or having the effect of.attracting attention from IL PERMITS the streets, sidewalks or other outside public areas for li identification purposes.A sign shall not mean displays of 25.68.030 Sign permit procedure. merchandise or products for sale on the premises,or signs it is unlawful for any person to erect,alter,or to permit inside buildings except when less than three feet behind the erection or alteration of a sign,including painted signs, a window and facing public view,or ornamentation,design, unless otherwise excepted by the chapter,upon any Property L' statuary, architecture, landscaping,pictures, paintings or without fast obtaining a written sign permit from the other such art forms unless,in the case of any exceptions department of community development.Silts exceeding listed in this chapter, the attraction, because of location, one thousand five hundred dollars in value stall be reviewed L, size, use or the nature thereof; has the substantial effect through the architectural review commission process as of attracting attention for identification purposes when specified in Chapter 25.M. Application for such permit viewed from an outside public area The basic intent behind shall be made on a form provided by the department of k this definition is not to discourage product displays,design community development and shall be accompanied by a or art forms epitomizing simplicity,good taste and compati. fee as established by council resolution. The application bility with the community's desired image. shall set forth and contain the following information and k V. "Sign face" means the surface or that portion of material: a sign that is visible from a single point as a flat surface Three copies of a plan showing the following: or a plane and considered as such together with the frame A. The location and size of any building or structures and the background. on the property,in the control of the applicant.both existing W. A"vehicle-related portable freestanding sign"means and proposed; portable signs affixed to a vehicle for the purpose of B. The location of off-surer parking facilitim including directing people to a business in close proximity to where major points of entry and exit for motor vehicles where L the vehicle is parked. directional signs may be proposed; X. "Wall sign" means a sign attached to or erected C. The position of the proposed sign and its relation on the exterior wall of the building or structure or on a to adjacent buildings and structures under the control of canopy marquee or similar overhang with the exposed face the applicant; of the sign in a plane approximately parallel to the plane 441 (Patin Deco 8-91) t t 2s.6g.o3o D. The design and size,colors proposed,and proposed when the installation of a sign is commenced before obtain- location of the sign or sign structure on the property,under ing a permit therefor.(Ord.129§4(part). 1977:Ord.98 the cones of the applicant; 11 (part). 1975: E:rhbit A § 2538-3.05) E The method of attachment to any structure; F. A statement showing sizes and dimetnioos of all 25.68.080 Exceptions to sign permit other signs existing on the property,under the control of procedurc& the applicant; The following signs,if not illuminated,shall be allowed G. A statement showing the sin and cola relationships an all co®ercial.iodusnial,and residential coned property of such sip of sign struetnre to the appearance and design without a sign permit being required: Of existing or proposed buildings and structhhtes on the A. One identification sip not exceeding one square Property, foot in area, and displaying only the time and address IL Suds other inimmadon as the departmeN of eomiun- of the owner or oecupaut; pity development may reasonably require to segue comph- B. Directional or safety signs as required, provided ance with this chapter and the ordinances of the city; that L That the applicant provide a signed statement from 1. Each such sip has fiat been reviewed and approved the property owner or his authorized representative that by the design review board and/or the director of euviron- he has reviewed the proposal and approves of same prier mental services, and to each submittal to the city.(Ord 587 12(Exhibit A§§ 2 Such signs do not exceed three square feet per face; $3,4�1989;Ord.129 14(pacts 1977.Ord.98§1(pa4 C. Emblems or flags of nonprofit organizations as 1975: Exhibit A if 2538-3-2538-3A1) requited provided, that each has fiat received approval by the design review board and/or the director of envima- 25.68.040 Sign integration requirement. mental services. Signs on all proposed buildings or new additions to D. Religious,charitable.educational.or cultural posters existing buildings shall be designed as an integral part of not exceeding sixteen square feet in area,and temporary the total building design.(Ord.129 14(party 1977:Ord in mono; 98 § 1 (party 1975: Exhibit A § 2538-3.OZ) E. Governmental a other legally required posters, notices,or sips; 2S.68.050 Mustments. F. Utility or telephone pay station sips. (Ord. 129 The zoning administrator for either new or arising sips § 4(party 1977: Ord. 98 § 1 (part). 1975: Exhibit A §§ may grant slight adjustment$ to sip colon or autborize 25384—25384.06) deviations from sip arm or distance between signs not to exceed twenty percent,and un sloping roofs the allow- ance of roof signs not to extend above the ridge Ise,for DI-PROBI MONS AND ABATEMENT existing buildings only,upon a finding that the conditions for variance grist as prescribed in this title and as further 2SA&090 Prohibited signs. set forth in this title,when it is determined that no other Except for those signs allowed under the provisions of possible, reasonable method of signs is available. (Ord. Section 25.68540,special permits.the following sips are 129§4(party 1977:Ord.98 11 (party 1975: Exhibit A prohibited in the city § 25.38-3.03) A. Sips which rotate, move, flash,reflect,blink or appear to do any of the foregoing including searchlight, 25.68.060 Permit record requirement shall be prohibited unless required by law or utilized by The department of environmental services shag keep a proper government agency.with the exception of approv-A a copy and permanent record of each sip permit issued. time and temperature displays; Each copy shall show the permit number.The permatee B. Signs on public property,in the public rightof--way, shall be required to exhibit the permit at ail times in a place or on public utility poles shall be prohibited unless other- satisfactory to the director of envaoamental services.(Ord. wise authorized by this chapter. Signs prohibited shall 169§4(put), 1977:Ord.98 § 1 (part), 1975: Exhibit A include. but not be limited to, realtor, open house, and § 2538-3.04) garage sale sips.This prohibition shall include all portable sips including those placed on vehicle with the exception 25.68.070 Double permit fee. of vehicle identification sip% The applicable fee for a sip permit shall be doubled C. Any permanent sign which does not advertise, without reference to prices, a use being made on the tr.+.,0 a-vtp 442 i i I 25.68.090 premises, name of the owner or user, or which does not 25 68120 Permitted signs—YurPosa advertise a product, an interest,service,or entertainment No signs shall be erected or maintained in any zone available on the premises shall be prohibited; asestablished by the zoning ordinance except those signs D. Temporary or portable freestanding signs are pmhib- specifically enumerated in this chapter.The number and ited except as otherwise provided in this chapter, aim of signs as outlined in this chapter are intended to _ E. Advertising devices; be maximum standards which do not necessarily ensure F. Advertising displays outside of buildings; mural comparability.Therefore, in addition to the G. Combination signs; eamaeated standards, consideration shall be given to a H. Roof signs sign'srelationship to the overall appearance of the subject L Business and identification signs that mention more property,as well as the surrounding community with the than two goods or services sold on the premises; goal being to minimize visual pollution,the use of lighting [ J. Business and identification signs that employ slo>gats and excessive contrasting colors. Compatible design, sayings or mottos. (Ord 631 § 2(Exhibit A§ 1), 1991; s®plicity,and sign effectiveness are to be used in establish- Ord 129§4(part).1977:Ord 98§I(pan),1975:Exhibit ing guidelines for sign approval. (Ord. 587 § 2 (Exhibit 1. A §§ 2538-5 —2538-5.08) A§6�1989;Ord.129§4(part), 1977:Ord.98§1(pan), 1975: Exhibit A § 2538-9) 25.68.100 Abatement of illegal signs. The director of environmental services shall see that E this chapter is enforced. V. SINGLE-FAMILY ZONES He shall not permit, and shall abate, any sign within the city which fails to meet the requirements of this chapter 25 b8 IV Realty signs. [ or other applicable law. During a period of time when realty is offered for sale The director of environmental services,or his authorized or seat, a sign so indicating, not to exceed three square representative,shall remove any temporary.sign for which feet and four feet in height may be located on the property [ a sign permit has not been obtained as required by this facing cacti frontage.No real estate sign shall be located chapter. The director of environmental services, or his an a roof;project from a building face; or, move in any authorized representative, shall notify the owner or user manner.Any such sign shall be removed upon rental of of a permanent sign which has been installed without the the properry,or upon close of escrow.la addition,one rider acquiring of a sign permit that the illegal sign shall be re- non to exceed five inches by sixteen inches may be installed moved within ten days. Upon receipt of this notice, the at the bons_ of the main sign. (Ord. 272 (part), 1981: owner or user of a permanent sign that is determined to . Ord 129°4(part).1977:Ord 98§I(part),1975:Exhibit [; b.. illegal does have the right to appeal the decision or A§ 2520-10.01) notice within ten days thereafter to the city council pursuant to the provisions of Chapter 8.20 of this code.Any illegal 7S 68140 Nameplates. [ permanent signs existing prior to the enactment of this Each dwelling is permitted one nameplate indicating chapter shall not be abated by the city until one year after any one or more of the following:the name of the occupant. February 24, 1977. (Ord 129 § 4 (part), 1977: Ord. 98 the occupation,or the street address of the residence.The § 1 (part), 1975: Exhibit A § 2538-6) sign shall not exceed one square foot in area and if located an a pole,no part of the sign or pole should be more than four feat above ground level.(Ord 129 § 4 (part), 1977: IV. PERMITTED SIGNS Ord 98 § 1 (part), 1975: Exhibit A§ 2538-10.02) L 2S.68.110 Safe signs. 25.69 150 Open house signs. The city council shall adopt,by ordinance,a set of rules During the period under which real estate is offered t and regulations to guarantee that all signs are safely con- for sale or lease and while a salesperson is physically sructed.These rules and regulations shall be made available present on the premises, one sign per street frontage not to the public.The building official shall see that all signs exceeding four feet in height and three square feet in area L within the city meet the safety requirements promulgated shall be permitted. in the rules and regulations. (Ord 129 § 4 (part). 1977: Off-site directional signs may be permitted for an open Ord. 98 § 1 (part), 1975: Exhibit A § 2538-8) house. subject to the following provisions: A Each sign shall not exceed three square feet; B. No flags or banners shall be used. 443 (Palm De 8.91) t 25.68.150 C. To be located on private property only,unless prior 129 §4(part), 1977: Ord. 98§ 1 (part), 1975: Exhibit A written approval for.unique circumstances is obtained from § 2538-11.01) the director of environmental services. (Ord. Z72 (part), 1981:Ord.226, 1980: Ord 129§4(part), 1977' Ord.98 25AL200 Sign area~ -Condominiums. § 1 (pert), 1975: Exhtbit A§ 2538-10.03) There shall be a basic allowable sign area of ten square feet plus one additional square foot of sign area for every 25.68.160 Signs for special events. tin units to be encompassed in one sign for each main One unlighted sign shall be permitted for special events entrance with a maximum of fifty square feet in area.As such as garage sales,patio sales,block parties,or similar an alternative,two signs located one on each side of the events.71he sign shall not exceed three square feet in area entry,not to exceed fifteen square feet,may be permitted or four feet in height(Ord 129 §4(part). 1977:Ord 98 The sign shall be displayed at the main entrance and shall § 1 (part), 1975: Exhibit A § 2538.10.04) only depict the name of the complex. permanent signs within the complex shall be approved by the design review 25.68.170 Other signs. board process,but no interior sign shall be larger than six No other signs shall be meted or maintained in any square feet(Ord 129§4(part),1977:Ord.98§ I (part), single-family zone,as established by the zoning ordinance, 1975: Exhibit A§ 2538-11.02) except for those signs specifically authorized by the design review board process. Any such sign so authorized shall 2SAU10 Other nonresidential rises allowed. be necessary to preserve a legal right or serve an economic One externally lighted or unlighted identification sign need and shall not be deemed likely to cause undue detri- not exceeding twenty squaw feet in area shall be permitted ment to surrounding uses or the economic values of the for authorized uses,such as churches, day care centers, surrounding properties Signs so authorized shall be located private clubs, resautmnts, and the like. and erected in a mama satisfactory to the director of Authorized commercial uses shall be permitted one environmental services or his authorized representative. externally lighted or unlighted identification sign not (Ord 129 14(pa41977:Ord 98§1(psrt),1975:Exhibit exceeding three square feet in area or four feet in height A § 2538-10.05) (Ord. 129§4(part).1977:Ord.98§1(part),1975:Exhibit A § 2538-11M) VL OTHER RFSIDENTIALZONES 25AL220 Use of attraction boards for hotels and motels 25.68.180 Signs in residential zones other than An attraction board may be included in the design and single-family. allowable sign area for a hotel,motel,or apartment house, The predominant idea in authorizing signs in the other subject to its location and design being approved as provid- residential zones is to strive for a ono-sign complex to ed in this chapter: eliminate clutter and to promote compatibility,proportion, A. The attraction board shall be designed and located simplicity, and sign effectiveness (Ord 129 § 4 (part), so that it is made an integral part of the principal sign 1977: Ord 98 § 1 (part). 1975: Exhibit A § 253&11) B. If the principal sign is designed and located on a building or in such a manna that an attached attraction 25.68.190 Sign area—Hoteis, motels,and board sign would detract from the appearance of the sign, apartosent s. a detached attraction beard sign shall be allowed provided- Each hotel.motel,or apartment complex shall be limited 1. That the size of the detached attraction board sign to one sign per complex. The total or aggregate area of shall be taunted as part of the total allowable sign area; the principal sign shall not exceed the equivalent of one 2 That the maximum allowed size.for a detached square foot of sign per lineal foot of frontage which the attraction board sign shall be five square feet per face; building has facing on the adjacent right-of--way, with a 3. The name of the hotel or motel cannot be indicated maximum entitlement of fifty square feet Such signs shall on the detached attraction board sign. include in their design layout,all accessory service signs. C. An appropriate combination of the following infor- Accessory signs shall be prohibited unless designed in mation shall be allowed on an attraction board sign: conjunction with or made an integral part of the principal 1. Summer rate; sign. Criteria to be used in designing and locating these 2 Vacancy; signs shall be those of proportion simplicity,utility,and 3. Credit cards; compatibility with surrounding uses and developmmt.(Ord 4. TV, color TV; (his Qset a-91) 444 25.68=0 9 5. Pools, therapy pools; single-family shall be authorized sale or rental signs on 6. Air-conditioning, the following basic: 7. Continental breakfast; 1. Under two hundred feet of street frontage,one sign 8. Welcoming conventions; per frontage, three square feet per sign; § 9. Any other information as approved by the director 2. Over two hundred feet of street frontage,one sign of environmental service& per frontage, twelve square feet in area. D. In addition to the other sip usage authorized in B. Signs shall be designed and located in a manner t this section, actual rates or prices on rentals or other satisfactory to the director of environmental services.Such accommodations may be indicated by a single sip or signs shall be removed upon completion of escrow.(Ord. attraction board not to exceed eighteen inches by 272(part), 1981: Ord. 129 §4(part), 1977: Ord. 98 § 1 twenty-four inches,located no closer than one foot on the (part), 1975: Exhibit A § 2538-11.07) inside of a window when facing public view,in letters and numbers not to exceed three-quarters of an inch in height. The intent of this subsection is to limit the use of hotel VII. COMMERCIAL AND INDUSTRIAL ZONES i and motel rate signs solely to the manner provided in this suebsec ann,including the restriction of rate signs that attempt 25.68.260 One sign per complex. to gain an unfair advantage over competition by the use The predominant idea in authorizing signs in the com- of a business name which,in letters and/or figures,suggest memW and industrial zones is to strive for one sip per a rate. complex to eliminate clutter and to promote comparability. All such signs authorized in this section shall also proportion,simplicity, and sign effectiveness. (Ord. 129 comply,where compatible,with the provisions of Article § 4 (pert), 1977: Ord 98 § 1 (part), 1975: Exhibit A § 3, Chapter 1, Part 3.Division 7 (Section 17560, ex seq.) 2538-12) of the Business and Professions Code.Any such sign which fails to comply with the provisions of this section shall 25.68.270 Sign area—Commercial and {_; constitute a public nuisance and may be abated as such. industrial tuts. (Ord 129§4(part),1977:Ord 98§I(part).1975:Exhibit Sip design,location and size shall be as approved by A § 2538-11.04) - the architectural commission.Relative thereon,the following t. sip areas shall apply: 25.68.230 Freestanding signs. A. Commercial businesses within one hundred feet Except for otherwise specified height limitations,fen- of a public right-of-way which they face, or businesses standing sips shall not be located on the public which front only on a common use parking area shall be right-of-way and shall not exceed six feet in height unless entitled to one square foot of sign per lineal foot of frontage topographic or other physical features costing necessitatmg to a maximum of fifty square feet unless the architectural a higher sip but in no event shall the total sip structure commission determines that the proposed size of the sip L, height exceed ten feet from the ground (Ord 587 § 2 is not in harmony with the design of the building. Such (Exhibit A§ 7� 1989:Ord 129§4(part). 1977: Ord 98 a sip must be located adjacent to the right-of-way from § 1 (part), 1975: Exhibit A § 253841.05) which its area is determined B. Commercial businesses located greater than one 25.69.240 Double frontage lots. hundred feet from a public right-of-way,which they faex, A business in a building facing on more than one shall be entitled to one and one-half square feet of sip L right-of-way f-way shall be allowed the authorized sip areaon per lineal foot of frontage to a maximum of seventy-five each street which it faces; provided, that the areas may square feet unless the architectural commission determines not be accumulated on one right-of-way and shall not that the proposed size of the sign is not in harmony with exceed the allowed area of any one right-of-way.Location the design of the building. Such a sign must be located L and design of such sip combination must be approved adjacent to the right-of-way from which its area is deter- by the design review board prezas so as to eliminate clutter mined and incompatibility of signs. (Ord 129 §4 (part), 1977: C. A single commercial business having lineal frontage L Ord 98 § 1 (part), 1975: Exhibit A § 2538-11.06) on any right-of-way in excess of fifty feet,shall be entitled in addition to subsections A or B of this section,an addi- 25.68.750 Sales and rental signs (other tionai one-half square foot of area for each lineal foot of residential zones). frontage in excess of fifty feet up to one hundred feet,and A. Properties in residential zones other than an additional one-quarter square foot of sip area for each 445 (Pam oven 6.92) L i 25.68.270 lineal foot of frontage in excess of one hundred feet.(Ord no event shall total sign structure height exceed ten feet 422 Exhibit A 16, 1985:Ord 272(part), 1981:Ord 129 from the ground 14 (part), 1977: Ord. 98 § 1 (part). 1975: Exhibit A § 2. Freestanding signs for buildings,commercial com- 2538-12.01) plexes,shopping centers and other commerciallindustrial developments housing mom than one tenant located on 25.6&280 Frontage on two or more streets, five acres of land or more shall be allowed one identifica- A business in a building being on mote than one tion sign on each right-of-way with an allowable sign area right-of-way shall be allowed the authorized sign area on based on a ratio of ten square feet per acre to a maximum each sums which it bees; provided, that the areas may of one hundred square feet Maximum height of these signs not be aecumulated on one right-of--way and shall not shall be six feet unless topographic or other physical exceed the allowed area of any one right-of-way.Location features exist necessitating a higher sign but in no event and design of such sign combination must be approved shall the total sign structure height exceed ten feet from by the design review board process so as to eliminate clutter the ground. and incompatibility of signs.(Ord 129 §4(party 1977: B. Individual businesses located on their own individual Ord 98 § 1 (part). 1975: Exhibit A § 2538-1202(A)) property,having frontage on a publicin street and individual (unshared)access from the public street shall be entitled 25AU" Alternative sign am allocation for to a freestanding sign subject to the area and height limits small commercial complexes. delineated in subsections (Axl) and (2) of this section Owners of nstltitenaat buildings or commercial complex- as may be applicable based on the area of the site. es,may divide the total sign am allocated to the building G When approving any freestanding sign the architec- street frontage(per Section 25.68.ZM)among the various tural review commission shall affirmatively make the finding tenants to allow tenants not having street frontage to have that the approval shall visually eahance the aesthetic quality signage on said street of the property on which the sign is to be located. Said signs must meet all other requirements of this D. All freestanding signs shall be placed within a chapter. (Ord 272(par). 1981) permanently landscaped area of not less than twenty-four square feet, and be architecturally compatible with the 25.611.300 Height—Walt signs. building or complex and not encroach in the public right-of- The top of such signs shall not be higher than the cave way. line of the building on which it is located as measured from E. Notwithstanding the limit of one sign on each right- the underside of the cave and in no event higher than twenty of-way when a shopping center or industrial park has street feet See the definition of wall sign for clarification of cave frontage on any one street in excess of one thousand six line and see Section 25.6&050 for special ciraimstances hundred feet, then an additional sign shall be permitted for unique roof designs (Ord 129 §4(party 1977:Ord subject to the signs being separatedby a minimum distance 98 § 1 (part). 1975: Exhibit A § 2538-1203(A)) of four hundred feet In the ease of centers in the regional commercial zone 25.68310 Freestanding signs, having over seven hundred thousand square feet of gross A A building,commercial complex,shopping center leasable retail floor area, the center identification signs or other commercial or industrial developments housing may contain the came of tenants and/or activities conducted more than one tenant and having frontage on a public street within the center which operate during the evening hours. shall be entitled to one freestanding sip on each street (Ord.637§§2(Exhibit A§8), 1991:Ord 272(part). 1981: frontage to identify the building, commercial/industrial Ord. 129§4(par), 1977:Ord 98§ 1(part) 1975:Exhibit complex, or shopping center. The area of such sign(s) A § 2538-1203(B)) to be determined as follows: 1. Freestanding signs for buildings,commercial tom- 25.68320 Second-story businesses. plexes,shopping centers and other commerciallindustrial Businesses maintained exclusively on the second floor developments located on less than five acres of property of a two-story building may be allowed up to fifty percent shall not exceed one-half the total allowable sigmage of of the sign area authorized for businesses conducted in the front of the building and shall be subtracted therefrom single-story buildings by the atchiteconal commission.(Ord and in no event exceed fifty square feet Maximum height 422 Exhibit A§ 2, 1985:Ord. 129§4(par), 1977: Ord. of these signs shall be six fact unless topographic or other 98 § 1 (part), 1975: Exhibit A § 2538-12.04) physical features exist necessitating a higher sign but in (P"Derr 8.91) 446 25.68330 i 25.68330 Sip for pedestrian traffic. served. The sign may not encroach into the public Where the principal sign for a business is located so right-of-way or obstruct pedestrian movement.(Ord.272 that it cannot be seen by pedestrian traffic,an identification (party 1981) sign,in addition to that otherwise allowed in this chapter, shall be permitted.Such a sip shall be no huger than three 25.68340 Temporary sips within window square feet(three feet on each side)and it shall be designed Orem and located so as to not distract from the appearance of Temporary informational signs not to exceed a maximum the building or violate the intent of this chapter.(Ord.129 of five square feet of the window area of a business may § 4 (part). 1977: Ord 98 § 1 (party 1975: Exhibit A § be used. 2538-1205) Such sips shall be located on the inside of the window and shall not require prior approval of the city.(Ord 129 t 2S.68335 Directional sips for courtyard or § 4 (part). 1977: Ord. 98 § I (part), 1975: Exhibit A § plaza businesses. 2538-12-07) When:commensal buildings or complexes are designed r: to contain tenant spaces oriented to an interior courtyard 25.68350 Special event signs. or plaza and where the principal business identification With the approval of the director of community develop. sign it located on that courtyard or plaza frontage, the ment,a business may erect one temporary sign,mounted Ci commercial building or complex may be permitted a on a wall facia or freestanding,advertising special events, pedestrian directional sign(s),which groups the names of promotions or sales.The director may approve up to thirty businesses and/or principal services to be found in the mum- square feet of sip area depending upon the type of event, yard or plaza,located at major pedestrian entrances to the building design and right-of-way frontage for a period not plaza or courtyard, as follows: to exceed thirty days per year. A. Permitted signs shall not encroach into the public Signs approved under this section shall be compatible harmonious with the color of the building adjacent and adj tight-of--way. and harm L B. Permitted signs may be allowed up to a maximum buildings When improperly used, special event signs of one and one-half square feet of sign area for the identifi- constitute a public nuisance and may be abated Special cation of each individual tenant space.This area may be event signs for periods in excess of thirty days may only L utilized by individual sign panels grouped together or by be permitted pursuant to a resolution of the city council one panel containing the aggregate area of all courtyard granting such approval which shall specify the period ducting or plaza tenants.In addition to the sign area permitted for which the sign may be displayed(Ord 587 § 2(Exhibit individual tenants, a permitted sip may be allowed up A § 13). 1989; Ord 422 Exhibit A § 7, 1985: Ord 272 to a maximum of two square feet of sign area for purpose (party 1981;Ord 129§4(part), 1977:Ord 98§ I(part of directing pedestrians to the courtyard or plaza,by means 1975: Exhibit A § 25.28 1208) of graphic symbols and/or lettering. L G Permitted signs may either be wall mounted or 25.68360 fasting of business associates. freestanding, if properly integrated into the architectural in addition to the other sign usage authorized in this and landscape design of the building. chapter,each separate business shall be allowed lettering L D. Permitted signs shall have a maximum height of on or behind windows facing the public view indicating seven feet above the pedestrian walkway, whether wail the owner, operators, or business associates exercising mounted or freestanding. the use; provided, that such lettering shall be enclosed L E. Permitted signs including supports shall have a within a single area and shall not exceed a total of three maximum width of four feet whether wall mounted or square feet.(Ord. 129§4(part), 1977: Ord.98§ I(part), freestanding. (Ord 225, 1980) 1975: Exhibit A § 2538-12.09) L 25.68336 Restaurant menu boards. 25.68370 Use of attraction boards by In addition to those signs permitted by this title, a nightclubs. restaurant may mount a sip on a wall or window, not to In addition to the permitted sign area, one attraction L exceed three square feet displaying the menu and/or daily board to advertise nightclub,theater,or cabaret entertain- specials.When a restaurant is set back more than five feet went shall be allowed;provided,that the location has the from the public right-of-way or pedestrian walkway, a required off-street parking as set forth in this title. No freestanding easel may be set up within the setback to permit shall be issued nor shall any person erect an attrac- display the menu board during hours when meals are being 447 (Palm Ds cast t 1 25.68370 tion board until its design and location am approved as to such signs, the maximum allowable sign area shall be provided for in this chapter. based on the following. The maximum allowable size for an attraction board A. Up to fifty feet of frontage, three square feet of shall be twenty-five square feet if facing on a street; or sign area; fifteen square feet on each side if the faces am at right B. Over fifty feet of frontage,up to seventy-five feet, angles to the meet.The advertising on the attraction board five square feet of sign area; shall be limited to coming and curreat entertainment only. C. Over seventy-five feet of frontage,up to one hundred Artraction boards shall not be used to advertise rates or feet, ten square feet of sign area; prices of attractions. (Ord. 129§4(party 1977: Ord 98 D. Over one hundred feet of frontage,maximum size ¢ 1 (party 1975- Exhibit A § 2538-12-10) of fifteen square feet. Buildings with frontage of one hundred feet or more shall 25.68380 Gasoline service stations, be permitted a free standing sign,height not to exceed eight Gasoline service stations shall be limited to those signs feet (Ord 272 (part), 1981: Ord 22 § 2. 1980) as approved by the planning commission as a part of their action on a conditional use permit andlor amendment thceso 25.68.400 Sales and rental signs. for the service station which shall in no event exceed the A. Commercial and industrial properties shall be following limitations: authorized sale or rental signs on the following basis: A. One double-faced freestanding monument sign not 1. Under two hundred feet of frontage on a public to exec twenty-four square feet in area or not to exceed road, one sign per frontage, three square feet per sign; eight feet in height,and advertising only the name of the 2. Over two hundred feet of frontage on a public company; right-of-way,one sign per frontage,twelve square feet in B. One tm-A am-fi=wan sign"Wm, sing the comps- area my name and/or operator. B. Signs shall be designed and located in a manner C. One wall or ground sign,not exceed iug eight square satisfactory to the director of environmental services.Such feet in area or eight feet in height for a ground sign, signs shalt be removed upon completion of escrow.(Ord advertising the actual lowest price per gallon including 272(part), 1981: Ord 129 § 4(part), 1977: Ord 98 § 1 all taxes at which regular,premium,and unleaded gasoline (part). 1975: Exhibit A § 2538.12.13) are currently being offered Any special conditions required for sale at such lowest price shall also be indicated.(Ord. 129 §4(party 1977:Ord 98 § 1(part). 1975:Exhibit A VM. MOBILE HOME PARKS § 2538-12.11) 25.68.410 Signs in RM zone. 25.68391 Freestanding sign review criteria. A mobile home park shall be allowed one externally In reviewing freestanding signs as provided for in lighted or unlighted identification sign not exceeding the Sections 25.69310 and 25.68390 the architectural commis- equivalent of one square foot of sign area per ten lineal sion shall specifically consider feet of frontage on each right-of-way area of greater than the ' relative to the 'amat square feet or be erected at right angles to the A The height of sign ail strums thirty B. The distance from the sign to the sneer right-of-way. C. The color of the sign background and lettering Freestanding signs shall not exceed eight feet in height thereon. (Ord 422 Exhibit A § 8, 1985) Mobile home park properties shall be authorized one sale or rental sign while the property is actually for sale 25AU95 Building or building eomplez or rent These signs shall not exceed three square feet in IdentWeatfou signs in the general ama or four feet in height and shall be designed and located commercial district. in a manner satisfactory to the director of environmental In addition to the wall sign area allowed for individual services. In addition.one rider, not to exceed five inches businesses,general commercial dimict buildings or building by sixteen inches, may be installed at the bottom of any complexes which are designed to contain four or mom approved real estate sign.(Ord 129§4(part) 1977:Ord distinct tenant spaces,may be allowed one identification 98 § 1 (part). 1975: Exhibit A § 2538-13) sign on each right-of-way,or public access thoroughfare. Sue signs shall not extend beyond the property line or into the right-of-way or tboroughfam, and shall be used solely to identify the building or building complem Relative (Paco Done 8w1) 448 25.68.420 IX. GENERAL PROVISIONS ly affect the value or character of the adjacent residential district; 25.6&420 signs generally. I. That any new signs shall be made an integral part I3e following general sign usage provisions and regula- of the building design with careful attention to color, tions shall apply for all signs The basic intent is to protect intensity of light and the use of soft tones shall be encour- the public and property owners against downgrading of aged; aesthetic and,property values. 71crefore, any additional K. Mat the quantity of information displayed in a sign usage authorized hereunder shall be strictly construed proposed sign does not cause visual clutter. (Ord. 631 § in its application. (Ord. 129 § 4 (part). 1977: Ord 98 § 2(Exhibit A§2� 1991; Ord. 587 § 21, 1989; Ord. 422 1 (part), 1975: Exhibit A§ 2538-16) F.xhtbit A 14, 1985: Ord. 129 §4 (part), 1977: Ord. 98 § I (putt 1975: Exhibit A §_2538-16.02) 25.6&430 Architectural commission proem Each sign shall be submitted to the architectural commis- 25.6L450 Signs facing private property sion prior to its erection.In the case of new developments, prohibited. a signing program shall be submitted as part of the site All signs authorized under this chapter must be placed plan review procedure. (Ord 422 Exhibit A § 3, 1985: on the side of property facing on public or private Ord 129§4(part).1977:Ord 98§I Oart).1975:Exhibit right-of-way.(Ord IV§4(party 1977:Ord 98§ I(part). A § 2538-16.01) 1975: Exhibit A § 253&16.03) 25.68.440 Sign review criteria. 2SA&460 Required information on signs. All signs which are regulated by this chapter shall be Each sign shall have the name of the matter, the date subject to the approval of the architectural review commis of the erection,and the permit number.Such information sion process. In approving or rejecting a particular sign shall be clearly legible and on the lower right hand comer permit,the reviewing body shalt utam:the following review of the fax of the sign in a conspicuous place. As an criteria: alternative,a decal issued by the city as a part of the sign That the sign is necessary for the applicant's enjoy- approval process may be placed on the sign at a location t.._of substantial trade and property rights; viable and readable Emir the public or private right-of-way. B. That the sign is consistent with the intent and (Ord.129§4(part).1977-Ord 98§I(part).1975:Exhibit purpose of this chapter and title; A § 2538-16.04) G That the sign does not constitute a detriment to public health, safety and welfare, 25.6&470 Proper maintenance of signs. D. That the size, shape, color and placement of the A. For the public health, safety and welfare, every sign is comparable with and bears a harmonious relationship on-premise sign shall be maintained in a safe,presentable to the building it identifies; and good structural material condition at all times,including E Tbat the size, shape, color and placement of the the replacement of defective parts,wiring,ballast,painting, sign is compatible with and bears a harmonious relationship repainting,cleaning and other acts required for the mainte. to the neighborhood and other signs in the area; nance of said sign whether done on site or in licensed F. That both the location of the proposed sign and contractor's place of business. If the sign is not made to the design of its visual elements(lettering,words,figures, comply with safety standards,the director of code compli- colors, decorative motifs, spacing and proportions) are ance shall require its removal in accordance with the legible under normal viewing conditions prevailing where section. the sign is to be installed; B. Signs illuminated either internally or externally must G. That the location and design of the proposed sign be capable of being fully illuminated and legible,the face(s) does not obscure from view or unduly detract from existing intact(without holes or other exterior facial damage).Any or adjacent signs; illuminated sign not in accordance with these and other H. That the location and design of the proposed sign, maintenance standards in this section shall be cited by the its size,shape,illumination and color are compatible with director of code compliance and must be brought into the visual characteristics of the surrounding area so as not compliance with said standards or proof of a contract for to detract from or cause depreciation of the value of adja- repair and maintenance must be approved within thirty cent developed properties; days or shall be subject to abatement as a public nuisance. That the location and design of a proposed sign Illuminated signs that, because of expired or damaged ...tee proximity to any industrial district does not adverse- 449 R.1m Do 691) 25.6&470 lighting elements,become nonlegible will be ordered to such a manner as to avoid undue glare or reflection of light remain unlighted until repaired. on private property in the surrounding area; in no event C. In case of abandoned signs,the identification.name shall any sign exceed ten candlepower at ten feet from and copy pertaining to the abandoned business must be the face of the sign. iatemally illuminated signs shop be removed and replaced with a blank panel or white Spam limited to a mardmian fora hundred thirty milliamps,ballast within thirty days of user vaexacy.'his does not apply and lamps. (Ord. 637 § 2(Exhibit A § Ili 1991; Ord to permanent,Iegat sigaa®o or legal nonconforming sign 587 12(Exhibit A§ Ili 1989:Ord 129§4(part),1977: structures or sign cabinets.All notice of violatioa must Ord.98 § 1 (party 1975:Exhibit A§ 2538-16.08) be sent by the director of code compliance by certified mail.Any time periods provided in this section shall be 25.68500 Inchon of right-angle signs deemed to commence on the date of the receipt of the Right-angle signs on fags of buildings shall not extend certified mail.Any person having an intent in the sign over eighteen inches beyond the face of the building where or the property may appeal the citation ordering the removal looted except for pedesuiaaoriented signs.No right-angle of compliance by fling a written notice of appeal with sign shall extend below eight feet from the sidewalk or the pkanning commission within thirty days after the date the right-of--way.Right-angle sips supported by posts or of mailing the notice, or thirty (30) days after receipt if standards shall not extend beyond the property line or i nto the notice was not mailed the public right-of--way.(Ord. 129 §4(part), 1977: Ord. D. When it is determined by the city that said sign 98 § 1 (party 1975: Exhibit A § 2538-16.09) shall cause imminent danger to the public safety, and contact cannot be made with a sign owner or building 25AM0 Obstruction of passage. owner, no written notice shall have to be served. In this Sips shad not be constructed so as to obstruct any door. emergency situation,the city may corral the danger.The window,or fire escape of any building(Ord 129§4(part). city shall cause to.have removed any sign that endangers 1977:Ord.98§ 1 (part). 1975:Exhibit A§2538-16.10) the public safety,such as abandoned.materially dangerous cleatieally or structurally defective sign Any sign removed 25.68530 Exceptions to sign limitations. by the city pursuant to the provisions of this section shall Nothing contained in this chapter shall prevent the become the property of the city and may be disposed of erection, construction,or maintenance of official traffic, in any matter deemed appropriate by the city. The cost fire,and police sign,temporary traffic- omml signs used of the removal of any sign by the city shall be considered during construction and maintenance of utility facilities a debt owed to the city by the owner of the sign and the and substructure location and identification signs and owner of the property and may be recovered in an appropri- markets required to protect these facilities,devices, and ate court action by the city or by assessment against the markings of the state Department of Transportation, the property as here and after provided The cost of removal city council,or of other competent public authorities,or - sh.&include any and all incidental expense incurred by the posting of the notices required by law. (Ord 129 § the city in connection with the sip's removal.(Ord 587 4 (part), 1977: Ord 98 § I (part), 1975: Exhibit A § §20,1989:Ord. 129§4(part). 1977:Ord 98 11 (part), 2538-16.12) 1975: Exhibit A§ 2538-16.05) 2SA S40 Special permits 25.6&480 Sign colors. Nothing contained in this chapter shall prevent the city The number and type of colors used shall be as approved council from granting a temporary special permit or other- by the archhocanal mmmisskon.Sign programs for oommer- wise permitting,on such terms as it deems proper,signs cial complexes, shopping mnten, other commer- or the like advertising or pertaining to any cial/industrial development and individual business shall be limited to not mote than three colon which will mini- mize excessive contrast (Ord 597 §2(Exhibit A§ 10), 1989;Ord 422 Exhibit A§5,1985:Ord 272(part), 1981: Ord 129§4(part).1977-Ord 98§I(pa41975:Exhibit A § 25.38-16.06) 25.6&490 Glare from signs. All illuminated signs in all zone shall be designed in (Pam D. a.91) 450 r - 25.68540 civic,patriotic,or special event of general public inter- 25.68590 Land didsion signm est taking place within the boundaries of the city when Signs advertising land subdivisions shall be limited it can be found that same will not be materially detri- to: mental to the public welfare, interest, or safety, nor A. One double faced sign per frontage not to ex- injurious to adjacent property or improvements.(Ord. ceed forty square feet per face or two single-faced signs, 597 12(Exhibit A¢14),1989;Ord.129§4(part),1977: forty square feet per fax per frontage; Ord.98§1(part),1975:Exhibit A§2538-16.13) B. Two fifteen square foot on-site directional signs L per street frontage shall be permitted; the signs shall 25.68550 imitation of traffic signal direct persons to the subdivision entrance; No person shall place,maintain or display upon or C The tips shall be nonilluminated. (Ord. 272 L in view of any street or highway, any unofficial sign, (per), 1981: Ord. 129 § 4 (part), 1977: Ord. 98 § 1 signal, or device, or any signal, sign or device which (part),1975:Exhibit A§2538-17.03) purports to be or resembles an official traffic sign or signal or which hides from view any official traffic sign 25.68.600 Lease potential signs. or signal. Any such signal may be abated forthwith. One sign advertising lease potential for future de- (Ord. 129 § 4 (part), 1977: Ord. 98 § 1 (party 1975: velopment, not to exceed twelve square feet in area, Exhibit A¢2538-16.14) fifteen feet from any property line,shall be permitted 9; for a single parcel multiple unit development. How- 25.68560 Overhead electric conductors. ever,such a sip shall not be erc=d until design review No sign or sign structure shall be erected in such a board approval is received for the proposed project, L manner that any portion of its surface or supports shall and all such signs shall be removed before a notice of be within six feet horizontally of or twelve feet verti- completionis issuedforthe building or upon expiration Bally of,overhead electric conductors which are ener- sips the design review board process approval. These gized in excess of seven hundred fifty volts.(Ord 129§ u8�shall face the street and shall not be illuminated 4 (part), 1977: Ord 98 § 1 (part), 1975: Exhibit A § (Ord. 129 ¢ 4 (part), 1977: Ord 98 § 1 (part), 1975: Exhibit A¢2538 17 04) 2538-16.15) k 25.68.605 Lottery signs. X SPECIAL PURPOSE SIGNS In addition to the overall total sign area allocated to I a business, a business licensed to sell California State i. 25.68.570 Trade construction signs. Lottery tickets shall be entitled to one window or door One unlit sign advertising the various construction mounted lottery decal five and one-half inches by five I trades shall be permitted on construction sites during and one-half inches and no more than one specific the period that valid building permit approval exists. identification poster not to cxceed twenty-sewn inches Such signs shall not exceed sixteen square feet per by thirty-six inches.(Ord 587§2(ExhibitA§16),1989) twenty thousand square feet of land area with a maxi- 4 mum of thirty-two square feet in area and shall be 25.68.606 Bingo signs. removed before a notice of completion is issued for the A maximum three-square-foot sign advertising an building being constructed.No trade construction sip upcoming bingo event may be installed,withoutpermit, shall exceed five feet in height.(Ord 597§2(Exhibit no more than forty-eight hours before the event and V A§ 15), 1989; Ord 129 § 4 (part), 1977: Ord.98 § 1 must be removed immediately following the event. (part),1975:Exhibit A§2538-17) (Ord.597§2(Exhibit A§18),1989) L 25.68580 No4respassing signs. 25.68.607 Lights Outlining building0dodows. A no-trespassing or no-dumping sign not exceeding A. floodlights and accent string lighting outlining I three square feet shall be authorized for each parcel of the building exterior orperimeter and/or window areas L property in addition to other authorized signs and shall must be integrated with the building architecture and be located and designed thereon in a manner satisfac- as such must be reviewed and approved by the archi- tory to the director of environmental services or his textural review commission.In no event shall blinking, authorized representative.(Ord 129¢4 (part), 1977: rotating,flashing or twinkling lights be used. Ord.98§ 1 (part),1975:Exhibit A§2538-1.02) B. During the period from Thanksgiving Day until i 451 25.68.607 New Yeats Day the above noted lights may be dis- C. Such signs shall not be located in the public played without review and approval by the city.(Ord. right-of--way, 587§2(Exhibit A§ 19),1989) D. All political signs shall be removed within ten days after the election date,except that in the case of a canopies, general election,political signs shall not be required to awnings,marquees. P 25.68.610 Sips on es, benmovedtxtween the primary and general elections, arcades or similar structures or but shall be removed within ten days after the general attachments. election datc.'Ile applicant shall agree in writing to be A. All awnings or awnings with a sip(s) must be personally responsible for the removal of the political reviewed and approved by the architectural review signs; commission.The awning.(sign)must be architecturally E No political signs shall be posted earlier than compatible with the budding and as a result an awning ninety days prior to an election; may not be appropriate for every building. F. No fee or permit shall be required for the right B. pursuant to Section 25.6&4M "Proper mainte- to erect political signs.Where the sign is proposed to nanee of signs" awnings must be kept in good repair be placed on private property, the applicant shall se- and be clean and nonfaded acre the permission of the property owner. (Ord.422 C. Awnings must be substantially attached to the Exhibit A§ 1,1985:Ord.129§4(part),1977:Ord.98 main building structure. §I(part),1975:Exhibit A§2538-17.06) D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. 25.68.690 Signs for public or quasi-public uses. E. Letter height shall not exceed one-third of the Directional and public convenience signs for public awning height and in no event shall it exceed eight and quasi public rases may be permitted on public inches. property.The design must conform to standard direc- F. Scalloping on awnings shall not be pronounced. tional sign specifications promulgated by the director G. Where applicable, awnings shall contain street numbers four inches in height with the letter style environmental services and approved by the design helvetiea medium or equivalent. review board.Ile total number of signs allowed shall IL Awnings shall not contain phone mrmbeM be based on the minimum number necessary for ade- L Street-drop type awnings(Le.canvas-vinyl signs) quate public identification as determined by the diree- sh not be encouraged.(Ord 597§2(Exhibit A§17), for of environmental services (Ord 129 § 4 (part), all 1989:Ord.17.9§4(party 1977:Ord.98§I(part),1975. 1977:Ord 98§1(part),1975:Exhibit A§2538-17.07) Exhibit A§2538.17.05) XL E4FORtMMTr1VT AND AMORT17ATION 25.68AI5 Open summer signs. Between June 1st and October 1st,restaurants,re- 25.611.640 Lawful nonconforming sign& tail and personal service businesses within the commer- A. Lawful existing on-premises signs at the time of cial zone may display a sign in addition to a main sign, the adoption of the ordinance codified in this chapter not to exceed five square feet, indicating if they will on February 24, 1977,which do not comply with the remain open during the summer.The design and loca- requirements of this chapter, as amended, shall be tion of the sign shall be compatible with other signs on deemed lawful nonconforming uses and shall be made the building and in=be approved by the departmeat to comply,be removal or demolished upon the transfer of environmental services.(Ord.272(Part).1981) of ownership of the business or upon the altering of sign,copy,size,color or the addition of new signage to 2&68.620 Political sign regulatim the site or structure upon which the nonconforming Applicants for political signs,as defined in Section sign is located. 25.68.020, shall comply with the following require- B. Nonconforming signs may not be expanded,ex- ments tended, rebuilt, altered or reconstructed in any way, A. Each sign shall not exceed five square feet in except for normal maintenance or to protect public area: safety. B. The signs shall not be located closer together G It shall be the express responsibility of the ven- than fifty feet; dorto advise the vendee ofthe provisionsof thissection 452 r - 25.68.640 relating to the removal of nonconforming signs upon with exceptional circumstances because of type or to the transfer of ownership of a business. (Ord 310 cation of business, or is trying to achieve a special (part),1982) design effect The applicant must show that: A. The sign will be integrated into the architecture 25.68.650 Lwfal nonconforming signs to be of the budding;and removed B. The sign will not be detrimental to neighboring Any nonconforming signs shall be demolished,re- businesses or the community in general. ], moved or made to conform within thirty days of the The approval of exceptions shall be consistent with issuance of a valid sign permit.Prior to the issuance of the provisions of Section 25.78.010. (Ord. 129 § 4 a sips permit for a property on which a nonconforming (part), 1977: Ord 98 § 1 (part), 1975: Exhibit A § j sign(s)exists,the applicant or owner shall Bit with the 2538-19) city an irrevocable bond in the amount to twenty-five 25.68.740 Discontinuance of a business. thousand dollars to guarantee that the nonconforming Within nine of the discontinuance of a busi- siga(s)shall be demolished,removed or made to con- n form within the specified time.(Ord 310(part),1982) ne"in any commercial or industrial zone or before a new business occupies the budding,whichever tames 25 68 660 Iaw[al nonconforming status not to5rst,the sign owner,his agent,or the property owner to ate signs. La,billboards. shall remove all nonconforming signs and the wording C Nothing contained in this chaptershalibeconstrued advertising or relating to the discontinued business to imply or confer a lawful nonconforming use status to from all conforming signs. (Ord. 129 §4(part), 1977: any offshe sign or advertising device,designed or used Ord 98§1 (part),1975:Exhibit A§2538-20) for periodically changing advertising copy (i.e. bill- " board).(Ord 310(part),1982) 25AVS0 Nonconforming signs maintenance. Except for normal repair or maintenance not ex- 25.68.720 planning eonmbsion criteria. ceeding fifty percent of the value of the sign,no sign in Whenever the criteria are uncertain as to the ambi- existence upon the adoption of the ordinance codified gtity of the provisions,the applicant shall be referred in this chapter shall be modified, altered, moved or �i to the planning commission for determination. The replaced,unless it is made to comply with the provis- planning commission shall then authorize the sign cn- ions of this chapter.(Ord 129$4(part),1977:Ord 98 teria which best fulfill the intent of this chapter.(Ord. §1(part),1975:Exhibit A§2538-21) 129$4(part),1977:Ord 98 11(part),1975:Exhibit A 12 14(part), 25.68.760 Penalties. Yolations of any of the provisions of this chapter 25.68.730 Exceptionii P. are misdemeanors punishable as provided for in Sec- The Planning commission may approve exceptions tion 10.12.020.(Ord 587122,1989:Ord 129$4(part), relative to size,number,and location of sign after a 1977:Ord 98§ 1(part),1975:Exhibit A$2538-22) public hearing in instances where an applicant is faced L i~ ( 453 I 1 - 25.68.020 T. Roof sign means a sign affixed on, above or over the roof of any building. 25.68.300 Height -Wall Signs. Maximum height for all wall mounted signs shall be twenty feet unless additional height is approved by the Architectural Review Commission. Items to be considered prior to approving a sign at a height greater than twenty feet shall be: i) building architecture; ii) visibility of sign from a street; iii) compatibility of the sign with other existing signs in the area; iv) appropriateness of the proposed location of the sign on the building versus other locations on the building which would comply with the twenty-foot height limit. 25.68.320 Second-story businesses. Businesses maintained exclusively on the second floor of a two-story building may be allowed up to fifty percent of the sign area authorized for businesses conducted in single-story buildings. The Architectural Review Commission may approve up to 100% of the sign area authorized for businesses conducted in single-story buildings for second- story restaurants and other retail uses. Items to be considered by the Architectural Review Commission prior to authorizing signs up to 100% shall be the findings as delineated in Section 25.68.440. (Ord. 422 Exhibit A Sec. 2, 1985; Ord. 129 Sec. 4 (part), 1977; Ord. 98 Sec. 1 (part), 1975; Exhibit A Sec. 25.38-12.04) 25.68.400 Sales and rental signs. A. Commercial and industrial properties shall be authorized sale or rental signs on the following basis: 1. Under two hundred feet of frontage on a public road, one sign per frontage, twelve square feet per sign; 2. Over two hundred feet of frontage on a public right-of-way, one sign per frontage, twenty-four square feet in area. B. Signs shall be designed and located in a manner satisfactory to the Director of Community Development. Such signs shall be removed upen completion of escrow or upon rental of the property. (Ord. 272 (part), 1981; Ord. 129 Sec. 4 (part), 1977; Ord. 98 Sec. 1 (part), 1975; Exhibit A Sec. 25.38-12.13) 25.68.480 Sign colors. To the extent not prohibited by law, the number and type of sign colors shall be as approved by the Architectural Review Commission. The City Council finds and determines that the maximum sign sizes allowed by this chapter are premised aesthetically on the use of no more than four colors that will minimize excessive contrast. Accordingly, sign programs for commercial complexes, shopping centers, other commercial/industrial development, and individual businesses shall be limited to a maximum of four colors which are compatible with the building/center. When a registered federally regulated trademark sign which has more than four colors or if said federally regulated trademark sign is being installed in a center with an approved sign program extends the number of colors beyond four colors, then the maximum size allowed for that sign shall be reduced by twenty percent for each such additional color. For purposes of calculating reductions in size where more than four colors are involved,the maximum sign size resulting from the first twenty percent reduction shall form the basis for the second twenty percent reduction, and so on for each subsequent twenty percent reduction. For example, if the maximum size allowed for a given four-color sign were ten square feet, then the maximum size allowed for a six-color sign would be 6.4 square feet: 80% X (10 X 80%). The Architectural Review Commission may waive the above noted required size reduction or part thereof if it specifically finds that the proposed sign is desirable due to its quality, uniqueness, design or other features as determined by the Architectural Review Commission. (Ord. 794 Exhibit A (part), 1996; Ord 587 Sec. 2 (Exhibit A Sec. 10), 1989; Ord 422 Exhibit A Sec. 5, 1985; Ord 272 (part), 1981; Ord. 129 Sec. 4 (part), 1977; Ord. 98 Sec. 1 (part), 1975; Exhibit A Sec. 25.38-16.06) 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 'Proper maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. J. A77, arquee awning which extends beyond the property line shall not be located closer tha f et to another such marquee awning. All awnings which project beyond the prope ine into the public right-of-way shall obtain an encroachment permit prior to obtaining a building permit. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1 (part), 1975: Exhibit A Section 25.38-17.05) ZONING ORDINANCE REVIEW COMMITTEE AGENDA WEDNESDAY, NOVEMBER 19, 1997 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. DISCUSSION OF COVERED PARKING REQUIREMENTS FOR SINGLE- FAMILY HOMES II. CONTINUE REVIEW OF SIGN ORDINANCE 111. CONTINUE RECONSIDERATION OF PLANNED OFFICE/INDUSTRIAL ZONE STANDARDS f 4 N i e " 1 VI MAXIMO HUERTA CC) 3 � C-1 ti L TIT- j c a ZONING ORDINANCE REVIEW COMMITTEE MAILING LIST Mr. Tim Barlett 73-382 Salt Cedar Street Palm Desert CA 92260 Mr. Jim Ferguson Ferguson & Bernheimer 73-710 Fred Warning Drive, Suite 208 Palm Desert CA 92260 Mr. Jim Foxx Foxx & Associates 73-111 El Paseo, Suite 200 Palm Desert CA 92260 Mr. Frank Goodman 77-900 Avenue of the States Palm Desert CA 92260 Mr. Bob Leo Chamber of Commerce 72-900 Highway 111 Palm Desert CA 92260 Mr. Frank Urrutia Urrutia, A.I.A. & Associates 73-550 Alessandro Drive, Suite 201 Palm Desert CA 92260 Coucilwoman Jean Benson r III 1� �'1 08/25/1995 22:58 6193493388 JEAN MCKIG PAGE 62 September 6, 1997 THE ART PLACE 41-801 CORPORATE.WAY#8 Ruth Ann Moore PALM DESERT,CA 9226.0 Business Support Manager 7601776-2268 3 , City of Palm Desed 73-5 10 Fred Waring Drive Palm Desert,Ca.92260-2579 Dear Ms. Moore: ' }` I am writing to you on behalf of the Association of THE ART PLACE located at 41-801 Corporate Way in the heart of the industrial area off Cook Street. In a space less than one- half block long there are six major art galleries, a wholesale-retail furniture supply house, interior designers and interior and gallery support shops. This eclectic ensemble surrounds itself with a sculpture garden featuring the work of recognized sculptors. It also is home to the first privately funded mural in Palm Desert depicting the history and future of Palm Desert. THE ART PLACE is a cultural oasis in the midst of this thriving industrial area. As THE ART PLACE begins its fourth season, as in the past,they will have an opening the second Friday of each month October through April. This is an event for the public featuring live music and a hosted bar. Each of the businesses is open with each gallery featuring a renowned artist. THE ART PLACE likes to think of itself as a destination point. It is a place where people can avail themselves of a unique experience with the arts. We have a problem and we need your expertise to help us solve it. Despite our efforts to educate the public about our location,many people have difficulty finding it and often give up trying, This constitutes a loss of business for us. Palm Desert has directional.signs posted about the city that indicate the way to the McCallum Theater etc. THE ART PLACE would like to be included in that program or one like it so that someone who is not acquainted with the location could find it more easily, Members of THE ART PLACE ASSOCIATION treed your help and we are willing to do whatev *{squires to help us get some kind ofdiPPgfional signage. Thank you for yp4r opmideration of our problem. We need the�elp of the City to solve our dilemma. 9i wely, .;,THE ART PLACE ASSOCIAON .lean Watling McF�ig, r9blicist I I i � ] I 1 SOO a1 S, A11J n Apo; lawn uiJ ]or Iw o4J 1 I�r _ 11 Il ]lIJ IY]L)0 wl� ' Y]AIY /O AI400J •....a..u.... ]CIS. I � OS r i S ANGELES TIMES SUNDAY, MARCH 9, 1997 l Jumbo Loan. Little Ra IN THE GARDEN Higher her Fences fetter for Gardeners By ROBERT SMAUS than 6 feet. A footing as wide as 3 TIMES GARDEN EDITOR Garden Events feet may be required. Ll Wood fences also have.an Achil- omeone mentioned to at hW me a Walks,Talks,Shows and Special Sales les' heel—where they touch the few weeks ago that fences in Friday-March 16: Orchid display, noon-4:30 p.m. on Friday, 10:30 a.m.- ground. I followed standard Spro- We Have YOU Need T 111111✓✓✓✓✓✓the city of Los Angeles can 4:30 p.m. on weekend, at the Huntington Botanical Gardens, 1151 Oxford cedure when I built my fence, legally be8 feet tall. Road, San Marino; (818) 405-2141. Admission: adults, $7.50; seniors, $6; surrounding the redwood posts Say what. When did this hap- students and children,$4. with concrete,but after 12 years in Buy Or Refinance Your How pen. Saturday: Lilac seminar with information on choosing and growing lilacs in the ground, they are just about For as long as I can remember, Southern California, 9:30 a.m.-12:30 p.m., with tours of the lilac grove and rotten through. fences could be only 6 feet tall. plants for sale afterward, at Descanso Gardens, 1418 Descanso Drive, La On a new picket fence in the No points Option Avaable • LOCf Fees , That's how high I built mine,even Caliada Flintddge; (818) 952-4401. Admission: adults, $5; seniors and stu- frontyard I used pressure-treated /� though I wished it could have been dents,$3;children,$1. wood for posts, which should last A*Ab O out ur Vacation Gota M Oftrl taller; that extra 2 feet would have Saturday: Program on growing and propagating begonias, 9:30 a.m., at longer. The posts have been given the garden a better sense of Sherman Gardens, 2647 E. Pacific Coast Highway, Corona del Mar; (714) treated, under high pressure, with enclosure and a lot more privacy. 673-2261.Admission:free. chemicals that resist rotting or- And the tops of the neighbors'tool Saturday: Class on "Getting the Most From Garden 714) 10 a.m.,at the ganisms. You'll find two kinds— • • •sheds would have disappeared. Fullerton Arboretum, 1900 Associated Road, Fullerton; (714)773-3404. Cost: one that is stained green by the According to the city's building $7. process and one that keeps its and zoning departments, the rules Saturday:Talk on"Landscaping for Conservation"by Bob Perry,9:30 a.m.- natural color,sold as SanwoGd. GLENDALE FEDERAL BANK changed about 10 years ago.Land- noon, at Landscapes Southern California Style (a public water-conservation rsn garden),450 Alessandro Blvd.,Riverside; 909 780-4170.Cost:$5. I'm probably going to have to scope designer Christine Rosmini ( ) rebuild the fence in back, and this said she was surprised that this March 16:Talk on how to purchase and plant dahlias,2 p.m.,plus a dahlia 01997 Glendale Federal Be*,FSa.gales are shown for an ee%loan-to-value mortgage of$850,000. root sale,at South Coast Botanic Garden,26300 Crenshaw Blvd.,Palos Verdes time I'm determined to find a way 15 year monthly payments of$6,025.58.Rates slight) h' her an rester loan amounts.Rates and change from 6 to 8 feet "wasn't to keep it from rotting so quickly. progrem subject to y g g front page news' at the time. Peninsula;(310)544-1948.Admission:adults,$5;seniors and students,$3; 1 ergs wi0roul notice.pate and APR eRecGve as of a�d57.Member FDIC. children And And it might end up a little "For years, everyone wanted a higher,now that it's le taller fence, but we would run up March 16:Talks on"Creating an Edible Landscape," 1-3 p.m.,a[Descanso g gal. against this wall that said 6 feet Gardens, 1418 Descanso Drive,La Cahada Flintridge;(818)952-4401.Admis- and no higher," she said. Appar- sion:adults,$5;seniors and students,$3;children,$1. s', ?'. .q ently, city officials finally agreed March 16:Lecture by Guy Cooper on"Paradise Transformed,"cutting-edge x, ' X- -A" that 8 feet was a more reasonable gardens from around the world,2 p.m.,at the Arboretum of Los Angeles County, height in a crowded cif where 301 N.Baldwin Ave.,Arcadia.Cost:$10,with reservations required by coifing 1 houses seem to be getti g bigger (818)447-8207. '��. -. and taller and gardens smaller and Send garden announcements [o Garden Events, Los Angeles Times, Times smaller. Mirror Square,Los Angeles,CA 90053,at leas[three weeks before the even[ This new height limit is for the _ ��,,�,�,,-_ city of Los Angeles;to see what the .�r. O n -r, Ud limit is in your town,call the local the back and and on the sides Darin the fierce Januar wmd- U building department. Y g y � . ;� s e Fences are an important part of behind the legal setback from the storms, a neighbor of mine lost his =. - �� California gardens, providing both street (Usually the front of your wood fence, partly because of they the privacy of which we are so fond house). In front, they can be only heavy bougainvillea growing along and the background against which 31A feet tall. the top. :he garden is seen.In other parts of This applies only to lots wider One of Rosmini s favorite de- /Kb►NNM ive where the air is rare and the value is better he country,fences are not consid- than 40 feet,and don't assume that signs uses posts that are 8 feet gyred so important.Many neighbor- because your lot is flat, it is what above ground (with 3 feet buried), FromQBQ'QQQ- 41-1** than ever... 101 Ocean, where the foods don't even have fences. the city calls "non-hillside." In vertical boards on the bottom 7 feet ' final Penthouse homes have... But residents in many other sloping areas,the building pad may and a railing of paired horizontal $1,125,000 :limes don't spend as much time have been graded flat, but the city 2-by-6s on top. She grows vines • 65% price reductions Iutdoors as we do, and properties still considers that hillside, and along the railings. F unobstructed white water ocean views end to be larger. In this climate, different rules apply.The city has a Her favorite vines for fences 7ardens are lived-in outdoor handout that explains the rules. It include jasmine (which make a 3 e • indulgent amenities corns,and fences are the walls. also explains how to figure this out "wall of perfume") and trumpet t a l • over 2,900 square feet Especially on smaller lots,fences for a corner lot, where sides and vines. The various trumpet vines • plenty of privacy re also the backdrop for the backyards get confused. usually bloom only when they are 'arden. There is seldom room for Although you are legally al- lying on top of something, like a g °�-•• a • limited access via 24 hour guarded gale rees and big shrubs,the ideal leafy r')owed to build an 8-foot fence, roof, so the top of a fence is a e Jml ocet� reen background for a garden, so Rosmini recommends that the top. perfect place for them. a Come and see the values at 101 Ocean before the tide fence must do. 18 inches be see-throw h lattice or Taller fences need more support. .�. of opportunity runs out. g that a K When I built my wood fence et something similar, "so it feels less Contractors will tell you that a IOI Ocean Avenue 101 OCEAN oath Douglas fir, which I let like a prison."A solid 8-foot fence 6-foot wood fence should have its Santa Monica +eather into a natural gray, it is rather imposing and seldom posts buried 2 feet into the ground, (310)5730-101 Lade a huge difference in the necessary,in her opinion, but posts for an8-foot fence should Must Uncommon Sea View Condominiums arden, hiding the neighbors' Most of the fence can be solid, 'be buried 3 feet deep. Most use - keeps it from feeling so tall but lets Open Dely 12 To usted tool sheds and several ugly but making the top airy not only 9-by-4-inch lumber. Wood fences do not require Per- Id black walls and focusing often on on the flowers, the wind whistle through while mits in Los Angeles but,as a result Six feet was the legal height giving you some privacy screening of the 1994 Northridge earthquake, ten. If you wanted a taller fence, and a taller backdrop for the gar- masonry fences and walls do. added what was called ll den. During that earthquake, one ,h :heater top,"usually a 2-foot-tall Rosmini has designed many e1- neighbor's concrete block fence inel of lattice that could be re- . egant gardens with fences that fell flat on its face, crushing the oved if you got busted by the have appeared in various publica- garden underneath, because it was 7 7 Lrilding department and put back tions. A vine fancier, she usually built on too small a footing. Now, COMMERCIA I as soon as no one was looking. . grows flowering vines on top of concrete block and other masonry _ Now, on "non-hillside" proper- fences, though she stays away fences need a permit if they are :s in the city of Los Angeles, from heavy vines like wisteria and taller than 3'1h feet, and engineer- is proud to announce ices can legally be 8 feet high in bougainvillea. - ing is required if they are taller D that our client D 4E $ENSIBLE HOME 0 MNMDT rest Water Before'Gettin g Purifier STERUNG CORPORATION D o � op JAMESDULLEY condenser coils where types, features, prices and water VAL TO THE TIMES pure water is formed problem and purifier selector r it Room air circulates charts. Please include $2 and a /�c (�,� C D• lf/1 JUESTION:Our water seems fine, through towndense business-size self-addressed, Assets Over $1.5 BIll1011 D O t I'm concerned about hidden - me water vapor stamped envelope and mail to rt adren's is that may harm my Small better James Dulls g California's Largest Owner V V filter rloret-inorse Y, Los Angeles Times, IJ bon ildren's physical and mental � g silly. Should I have the water Water vapor moving up OH 45299.6906 Royalgreen Drive,Cincinnati, of Luxury Apartment � O led? What water purifiers are : to the condenser area Communities Im acquired the It and cheapest to run? �J Simple ultraviolet (� ',NSWER: The water should be rn' ozone generator Lighting for Computer u fed in every home.Heavy met- Should Be Indirect r n l�l ll like lead, are known to be Heating element ,ecially harmful to children and insidedisiller grant women. Lead c Q; I am setting up a computer OII an leach waterpudtication �_ room in my house. Do you have ozone `V/eV/�il®J 1 \V/ 7tJp11 J� O Ir,' 3 your water from your plumb- Long nose with any tips for the beat and most Low levels of other chemicals, one diffuser efficient type of lighting to use? ��T . >rT1L[�® r ( l n nitrates,are fairly harmless for A: A computer room requires \V/�r/LF �/ G J tits but can be fatal to infants. indirect lighting to avoid glare and here are hundreds of other Type of purifier needed depends reflections from the monitor d �� entially harmful contaminants on contaminants are in water. screen. Use fluorescent lights �j U t may be in your water. where passible for efficiency and imple tests for lead, performed The easiest units to install are direct the lights toward the ceiling. �� 1I ' „ 0 reputable labs, cost as little counter-top models. I use a small Use an asymmetrical task light . NQ . Most testing labs offer manyy counter-top distiller and an ozone (oblong light pattern) over the u,VU idard water tests depending on purifier in my kitchen. Just plug keyboard and work area. Adjust fVVV it water source and any prob- them in and they are ready to use. the monitor brightness to the same rj .s you are having with smell, There are also some small portable intensity as the rest of the light in u e,clarity,etc. Your local Envi- models for camping and a purifier the room. This minimizes how mental Protection Agency of- water bottle for bikers and runners. often your pupils close and open can give you advice on select- A distiller produces very pure and reduces long-term eyestrain. a testing service. water,and the boiling process kills race you learn from the water bacteria and virus; however, it New Batt Insulation s which water contaminants produces pure water slowly.Ultra- need to remove,- you can violet light and ozone purifiers also Works,Doesn't Itch fierto the most effective water kill these microbes. SANDS Fier to install. You may choose Reverse osmosis purifiers. are Q: I want to add some bolt 1t-of-use (one faucet) or more very effective, but some models insulation to my attic.I am consid- 7�7 msive whole-house models. may use extra water for process- ering using the balls that are COMMERCIAL here are several basic water ing. Deionization purifiers electri- wrapped in plastic film so I don't fier technologies—carbon,dis- tally charge the contaminates in itch as much.Will the plastic wrap r, reverse osmosis, ozone, de- the water so they stick to a special trap moisture in the insulation? cation, ultraviolet light, etc. replaceable cartridge. A: The plastic wrap has thou- IIAMID SOROIJDI y water purifiers on the mar- Carbon filters improve water's sands of tiny perforations. These Represented Buyer and Seller use various combinations of taste and smell. They also remove allow moisture to pass through and ' e technologies, many carcinogenic organic chemi- escape without reducing the effec- f ie costs to use these range Gals. A block type removes more tiveness of the insulation.Since the I about 5 cents (large carbon particles than a granular type.Most wrap blocks some air circulation ^s) to 25 cents (distiller) per distillers and reverse osmosis puri- through the insulation, it actually ran of pure water. Base your fiers include small carbon elements. insulates more effectively. If you tion on which type is most Write for Update Bulletin No. are concerned about itching,Owens. tive for removing the con- 423, a buyer's guide of 22 water Corning makes a new "no-itch" "(onrerrion Value it found in Oe tests. purifiers and water testing labs, batt insulation called Miraflex v it Yimtm bads a s s---e ITT l LOS ANGELES TIMEI SUNDAY, MARCH 9, 1"7 Your Neavulff Home ales Pact Offers Little Koom to Deal THOUSAND OAKS SAN LUIS OBiSPO Cro"I rid a Oaks movi less of an ordeal. I a"d 2 story.4-51 lui �THERINE SALANT builder's model. But what does experiences. on In 101 acre lots.rrun uric$400's "substantially similar or "subs[an- Because nearly every new house Of course, the addendum should RWR Development,Far. 818/360-8009 d.TO THE TIMES Bally in accordance with" really requires minor adjustments and also include all the verbal promises "ou have finally chosen the mean in regard to dimensions? repairs, be sure to ask about the and assurances of the sales agent, PIS m BEAC THOUSAND OAKS location, lot and house plan. As Wendy Pullano, a real estate builder's customer service in terms especially for items that are ordi- &a Ba.Neat vim a.Famlues, Emerson Estates Gated 4 bid one story homes.Up;012J5 You may have negotiated lawyer in Gaithersburg, Md., asked, of both promptness of response and naarly options and cost extra (for vacano R.W.r Hent.From A Sol �s al.h. bide a worts From Or i,327 the base price, you almost "Does 'substantially in accordance adequacy of repair. example, no charge for cathedral 805/rr3-5555 ITL SO.V49 nnit-229 Corp. 8swell 6.2290 .inly did on the options and with the Savoy model' mean a Even though most builders will ceilings in all the second-floor to you got the builder to pay difference of 2 inches or 2 feet?" not alter their contracts, they will bedrooms). s Ijs�LUIS OBISPO THOUSAND OAKS losing costs.Now you're ready The builder's sales contract will accept a contract addendum fora Besides the documents for the Luxary ro,,,nnm s,pool,s Nearpa lk, cake Sherwood pa' Rlvery.Beauty. Sherwood bdins.up,t scuss the sales contract. But also state that the builder "re- few items, such as the location of house itself, there may be others schools s,huppina.Frets 51:,6 wc.n 35265y,a..aat.d.From ma s I ,.war. R.W.Hertel R sons In The Meadows at Shwwaad :expect to be able haggle over serves the right to substitute ma- the dwelling on the lot. relating to the subdivision that you 805/3474652 805/373.91147 terms or equipment of comparable Most sales contracts will state should review. though you may be able to quality (in builder's sole discre- that the location of the dwelling on If there is a homeowner's asso- SAN LUIS OBISPO THOUSAND OAKS e some minor changes at the tion)." Because the builder is try- the lot will be determined b the ciation, there will be bylaws that Mmdowbrook Legaryof of4&5selgPis y • 3-:i bdrMMUl wil5lA lxatlon. Laced m,ngacy at Verdigris hoax: ,in, most tract home builders ng to adhere R.W.o a fast-paced con- builder. Since the builder must may place restrictions on individ- Hoayl Only 5 lehl Fmm$M,000. Up to MAlso.IL Ft..IW slmzOmOs. ider the terms of their sales struction schedule, this is not, in conform to local setback require- ual owners (for example,only five R. Hertel a Sam, crry:tour Ho ers-rrnmra mvnla 805/7826960 805/492-599r racts nonnegotiable. Since the theory,unreasonable, ments as well as existing lot con- color choices for the exterior). Pacts are nearly always writ- A reputable builder will inform tours,this is reasonable. However, In California, buyers should al- SAN LUIS OBISPO THOUSAND OAKS the bu)der may end u placing the ways review the builder's public Park Poinsettia Meadowwood in their favor, you need [o buyers when a major substitution is p P 3&4 bcclool2&3lhntila.no HOA arstand the terms and do your made(for example,a vinyl window y p 1484-Cell to h.From E190,0m0. house on the lot in a way that you report issued b the state De art- 172 Steve oeirna0h,l up ro 2593 sq ft.,rom$239s50. I Standard Pontiac -9313 rework before you sign. is substituted for an aluminum don't like. melt of Real Estate. Real l-541.troop Bo5/493.8313 Ithou h it seems a statement of one), but not necessarily if the After reading the contract and Bos-s4,•aesa g o prevent any unpleasant slu- obvious, buyers need to read change is minor (for example a prises on this score,the olden- other documents relating to the THOUSAND kcrr OAKS contract carefully, advised different light fixture manufac- purchase of the house—besides the oa rs,2& duet should state that the contract P 3.4&5 bedrooms.2&s baths.no la Reddish Zinnemann, a real turer).The builder,however,is the ill not be finalized until you have homeowners association and public Hon.up to 2-48 sq.a Fmm Ito9,951 Le attorney in L w Los Angeles. final arbiter of what constitutes roved the report,some builders offer warran- Standard Prent,ofVi"turn reviewed and app 8031241-5043 pate the length and small print, "comparable quality."b builder's proposed site plan.This is ties and many states require 1 language n usually stipulation How, then, can buyers ensure especially important if you want to them—You you should consider hiring LOMPOC THOUSAND onlcs d,but many of the stipulations that the substituted item will in an experienced real estate lawyer oerneatedc Padksiew, build "house C" with a sun room aY46edwrom the community. ;i Farm $39.00.lotf yof atLy�: ,urprising. fact be comparable?They can't.As and deck on a lot where the builder to review them before you sign. Private Parka From Hhr met E160,000 a. met inary 0m.lot rwy at t ,.von 'or example, the plan. A tract with "substantially similar dimen- A lawyer can suggest addendum srareWS17brook Dev11,53 t Blibry Development intended to put "house B;' which ga sos r36-ee6s B03/375 r2x6 tder'sthe sales contract will state reputation buyers have it rely d the has a radically different footprint. items; more important, he or she t the house will be "substan- reputation of the builder, and this Another addendum item to add is can explain all the limitations the • Los Ard Oa s THOUSAND OAKS ly similar"to the builder's mad- is where real estate agents and contract laces on the bu er—I vineyard oaks Rancho Cone/o Exec Homes the number of days' notice before P Y v�r.-sluprol2acalo�.lraraaagea. Gated l-n,4-batm..lnKlr arr.,.:me but that "construction of the lawyers say doing your homework have hit only a few of the high acted for UV.bams.Mid S]9os. Up to 3253,q.ft.Rom m,d$2anc, Ise may have changes from the is crucial. escrow closing, when you assume ants here—so that you go into PNake-Janes company s a s coasernrtion co. ownership.As most builders moni- Po 8031"4.1811 805149E-1854 else dimensions of the interior Among the most reliable sources P• our new home purchase with your I exterior." of information about a builder are for construction carefully and your wide open. SANTA BARBARA THOUSAND OAKS know the genera date well in EI Escorlal at East Beach Rancho Conejo Village Home 'o house sense says that because homeowners who have weekend g — I&2 bedoom condos.gated pool,spa, Gated I.to 4-bdrm.single-a I.hens, house is fabricated on site by houses from him.Spend a weekend advance, they should be willing to lemtis hea:(h dub.1261xklo beach. Up to 2719 sq ft.Fn,mnw 32WK'z rkmen from as many as 15 trades afternoon walking around the give you ample notice. Fourteen Katherine Salant is a syndicated lowest" S e S co enuchan Co. f not stamped out in a factory, it neighborhood that you are consid. days is doable but still stressful for real estate columnist who writes aoa491-1732 8051376-8040 1 not exactly replicate the ering, asking residents about their most people;30 days will make the about newly built homes. r THOUSAND OAKS Rosewood 4 and 5 bedroom s111e&wa story Wit to 3515 sq,h,From 5368,90m Warmington Homes MART MOVES ��1f//T Ba5/376-as15 low to Flaunt It 1�You, oe�s Got It AGOHRA THOUSAND OAKS Alper Homes at Oak Park The Summit—Costaln Lang Ran. Luxury homes fiom 2,Mri to 2816 q.R. 3 U.5 star,single family hones.lot 3,4,85 beAlper,Cores, SOONI [o 3511 sg.ft olant Homes Alper Nimes Coolant Nemec 805/446.1814 805/2414800 ELLEN JAMES MARTIN No matter the price range, cus- Write Dynamite Real Estate Clas- enthusiasts. CIAL TO THE TIMES tourers vary in their preferences, sifieds and Harvest the Results" Prestige of location also contin- A`�RGlen TheTHOUSAND s mmit—peg OAKS said Carol C. Hickman, a broker- (Mansion Press,1995). ues to grow in importance among 4,5,&abdrms.Over 29M sq.ft. 3 tog bdrm.single'am,home,.24a n eye-filling view. A lawn associate for Sotheby's Interns- Suppose, for instance, that the buyers. Indeed, in some communi- From the met 11 3511 sq,ft.Pre-mid$-mOs'a. Folder Homes casNln Hams, large enough for croquet. A tional Realty, a seller of high-end target buyers for your property are ties, a particular street may carry 803/383-0104 805/24141100 family room with 14-foot homes. families with young children.Then such cachet as to be worthy of • dings. A gourmet kitchen. A Whereas a garage with ample why not describe your backyard in mention in the headline of an ad, CAMARILLO ,or plan with four spacious bed- room to house a small yacht could a way that appeals to such buyers? said Hickman. canyon view Estates 4 bd esuce homes.View toEst sq.s.La,Se ems and three full baths. be important to one set of buyers,it For instance,as Tayler suggests, No. 3: Flaunt great public Newlo6.customarta rum S419990. 4W alk-in closets in several rooms. could be inconsequential to an- say your yard is "big enough for schoofss but do so carefully. Tn W514 2-24 Corp. 1 emelop rnat a trophy address. other.By the same token,someone Little League practice" or that it Agents know there are severe AGOURA Any one of these features could interested in fine design could be has "enough room for a swing set legal limits on their ability to CAMARILLO West Pointe IV F. "hot buttons" that draw paten- drawn to a home done by a well- and a sandbox, plus Mom's gar- characterize schools—without Los Arboles WmUPolnre Ags'a4.1d5heimmcs:-c 2&3 bdrm condominiums with up to ma aary saia nli(c M55 sq f.Fror S3.' d buyers to the home you have known architect. den." seeming to discriminate. But 1536 sq,ft.F�mttm lad S1W's. West Polme Haes n r sale.But to pull prospects to the Still, there are certain features You can also suggest lifestyle they're generally safe if they stick • 8o5d -0 83124 8r8/216-5301 operty, it's essential that you valued by a widening swath of the opportunities by carefully "stag- to the facts. ALTADEIVA Lunt your strong points, real U.S. population, Hickman said. ing" your home for showings, the Suppose, for instance, that your CAMARILLO In Who Cate experts say. These include open kitchens that way model home decorators do home is served by what is widely TheGerng,ne Collection .upto4 to 3M.Fhrx,r vol!"10aa•ea.'=nit' said considered to be a public high Oorsois asmgle left Faon.upla4 setting.From Sa00,000H me s6W, How do you know what el- flaw into oversized family rooms with brand-new properties, bdromns&1luosg.n.Fmmsleoom0y er I&I,79M45$S aentstopromote? (also known as "great rooms"), Colman. school well-known for superb cr,eyst9nrHomea-S'2335 vkmn 8IBELAIR eov3R4-233s "Your agent is your best guide," spacious closets and ceilings nine For instance, if your home fea- teaching. Then chances are good BEL MR id Jay Colman, a broker-associ- feet or higher. tures a Roman bath large enough you'll be able to mention the name k CAMARILLO Bel Air Crest e for the Re/Max Realty chain. Large kitchens and bathrooms for a couple, you might want to of that school in your advertising. up ro r. Vista I"Pas&more than bom�to to 45W,gryt I Pl Good marketing is a combination are usually popular features,as are drape "his" and "her" towels on You can also circulate test scores. 3343 sq.s.From,he sign szoo's Goladah a Nest tare yards—particularly m areas the edge of the tub, or place a A.. our economy becomes more Paraeeaomea 31a4n-.Fa9r ' identifying the right prospects, g Y P Y g 9 805/383-0105 nowing what they want and then where there are plenty of reason- bottle of wine and some glasses competitive,schools become a more BRENTWOOD ,dressing them through ads and ably priced yard maintenance near it,Colman said. critical factor in housing choice, in EAST SIMI VALLEY eleven-seven Jeer,t ell sq Colman s opinion. "Education s the • Cafr wi is Sundance 2&1ld S-10,0 `sea 1.s,0+sq Cher methods, said Nancy Ann companies competing for business, No.2: Focus on features that are f Four met s30land 01 Sunda -eeler, a broker-associate from said Colman. currently popular. key to excelling,"he said. Easycamm the overland Company Versall.e IlOotplan.From the Ww S1BD's. 31 a4 rb-fW0 rudential Realty. And nearly new houses—built in Not every "hot button" appeals No.4:Select an agent who will be Kaufman a Broad "You have to find your target the last five years—are also pre- to every buyer. But an increasing wholehearted about selling your W5/522-0457 BRENTWOOD ts tarket;'she said. ferred by a growing segment of the number are looking for wide drive- home. Museum,tteng m MOORPARK Candor Musetm.mwnl,on,es. l Who is likely to buy in your population,Colman said. ways suitable for at least four to six You may have great pride of • Mountain Meadows roll zmo sdq.ft.hem hn9 s200 ommunity? You can get a clue by Are you intent on accentuating cars, said Colman, who notes that ownership in your home.But when B model h mryx,4a cighbororm�} G3i 0/9n si it Winking of those who have moved the positives? Then these tips "baby boomers have more cars." it's shown, you'd better disappear calltoeala Community suliderse Ho the area in recent years, she could help: Some households now own and let an able agent do the talking a6s s32-,663 ColaCnLaBAS View uggested.Have most of the homes No. 1: Focus your marketing ap- "weekend cars,"such as sports cars, on its strong paints. MOORPARx "The seller should take a walk. Madels Nov Oaal lakd c rmm,st` een purchased by young families? peal on lifestyle. along with vehicles used for com- r Warrington Roman at Campus Hills vim bts.upto5bi Ft"Tupper 'hen quality schools could be a "People want to buy life en- muting,Colman said.Then,too,they take a drive,go shopping—do any- 4 and 5 bedroom two story homes.251U Poll Brothers thin but be there when the buyer w Hass sq.:t @0m$274,900, 818/8ra-0Ero ,Clint to stress. hancement," said Joan McLellan want plenty of parking space for g Warmington Homes II11 On the other hand, if you live in Tayler, an author of real estate guests,especially if on-street park- comes by. A buyer can't talk 8031532-16" la CALABASAS honestly about a house when he's The Oaks of Calabria grove of recent retirees, you books. ing is restricted in the area. • 4&561 no-n,3672 arVsq.'_oi night want to promote your prox- Print advertising can offer tan- Proximity to a golf course is afraid of offending the owner's NEWBURY PARK w&,24 h g a are .met w feelings,"Colman said. calftThs Oakbrook Je/fCarter mity to a golf course or the fact talizing hints about the lifestyle another increasingly popular life- rsyfnewayscass,I&2'rely e1a22s•11R0 hat you're positioned inside a that's possible for the purchaser of style amenity for many buyers, 4 names.Flom Br$26os. Kaltman&Broad ;aced community, where crime is your property, said Tayler, author said Keeler,who added that a third Distributed by Universal Press SON499-S593 CASH Stokes Ca HILLS ess worrisome. of "From Ads to Riches: How to of her home--buying clients are golf Syndicate. Besotstokes Canyon OMVARD red,Up to ModelsNo,,tion mid, Casa Marina Village gored,up to T W Br t harm mid Po118rothero + s 1& us from lidd,, family wndosand gl8/591-6t00 . mhos from 566,900-,](Ina financing. Casa Malxlna g ILI I I ' Cowls Best Via! sosl NARD3 0, NGGA PARK �® ,�ln//vw„`w7 V ; Goodrich Homes 3 � O.�NARD E149.900,No ClwmectwL.i nr The Village of5anta Rosa bedetachedhamr n ga,d,.,r 3.0 b bedrooms,up to 2300 sq ft 27041Gable X6C.P. s dons.No HOA.Fmm S189,950 818/340-0H63 stmrdardpncifuraf Vmtura �I 4 80,5127R-01872 l0 CARSON �$le'[Viet 1 Y 3-4adnnstn amdy..sPone+ O)ONARD 1991 sq.lt Frain wo,wl Vineyards AllwadadCatanta Develapma s a t0h �"s • Lang community.Up to 6 bedrooms, 80a565-1!044 4 baths,In 3420 sq.ii From$280s. R.W.Nrrrcl Sara CHATSWORTH v= ""81-7075 Greyhawk Ranch IrIVIWIME(IllH I I and 2 cary,4-5 hurl,luxury SANTA PAULA on up to 1 acre'ois.F-oni$43 ' • Vista Pointe RwR Development Ir i10 I ;I VII I , m a 1�-2120 mio'los(mm 0's. low 51gy 818/360r8009 - Priske-lato company GRAIVADA HILLS 805/52S-49o9 Gmvhawk Ranch I and 2 sW6,4 5 ad")usury Igo I 1 i y SIMI VALLEY on 17,000+sq ft- o s.Fmm V FROM m The Greystow Cofleellon Simi Valley RWR Developnert,h 1&2 gory 4 bedroom hones unae yards. 818136"D09 great Is ilun From mid S200,000s. era ' Grryrfuae Homes-VenNm DwBbn Llk MIRADA a W.V527-1686 Lyon Gallery 3&4 bedreomde acrid horn, M111111if-ITKO] 1215uti�a exa SIMI VALLEY 17M sq,ft.Prn S179,9' •, ,i Tuscany William Lynn Homes,. 8�'�®® 1638riske-J sq.tt.3&4pany . 31 d9IRAD5 '-tilting Fmm 5194,moo-E215,000. 1 and 2-Story Homes Prl4tyOV57 Company Lyon MIRROR 7 minutes to Marina from 8o5/Sr8-0427 Lyon Tradihe0:mdons 6 minldes to ocean f 4 bedroom UpZ12 dr(ar03,q.1.:,.n,S2 a Four Plans to Choose From SIMI VALLEY Up to Home Ey .Pmm SDS' 5 minutes to S.D. Fwy $2�700 on& Whites532/ { ad Cloud Estates o Indian Hill wnlmm Lyon Homes, i V V m0.rP8r1 } �T �1 { Gored 3&4 bedraem homes.inoo m 31°i9't''6z6° kkw ,1NmpmmY rte% 2t1 77 sq. ft. to 3yGSG S It. 24V sq.ft.From mid E200,000s. J`� q• Cowen Properties LA MIRADA 2-bdrms @ $129,900 Ba55,9,6a, Lynn Pointe styli 4 Lost Townhouse @ $149 900 Our l Lyra Homes, ' NO 4 ��-n WI/t1a310/�94f-3929 .?� r o• 1 -Spa,Paris -Gated Entry&parking R MELLO- 1b � •Recteation Room •Numerous Amenities ROOS 4 w m � n � sf1MMR Gas Q s I Call C4thrista Hull I:.,, N 4982 Lassen Drive Campatly, 310 IH7`p5-3378 Oceanside, CA 92056 ® wpm A "` (619 724-8911 / 8710 Birlord Aveo toy Angles � Glad m be o sc+uYce _-�0 _ Doily I IAIvl-6 cro a by Appointment , f g 4 '—., &tar Caopembon _ • a — - — ———— Il 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) 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; Chapter 25.16 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; 2 Chapter 25.16 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). 3 Chapter 25.16 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 documentation, the minimum setback may be reduced to 4 Chapter 25.16 two (2) feet from the property line; 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. 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 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. 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." 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 5 Chapter 25.16 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 THE NOT-SO-GREAT AMERICAN ROAD TRIP More Americans are packing their bags and hitting the road in pursuit of R&R. But not all leisure car travelers find joy in the process of getting there. Traffic jams, breakdowns, impatient kids, and boredom represent opportunities for marketers who can help alleviate the irritations of life on the road. or retirees Don and Dorothy Kyllo of Ames, Facts of Arlington Heights, Illinois.When asked what bothers car Iowa, car vacation trips are a chance to leisure travelers the most about road trips, 11 percent say noth- explore new places and experience up close ing—they enjoy the experience without reservations.The remain- the beauty of the great outdoors. But for ing respondents,however,are more than willing to share a litany of Tim and Judy Dioquino,a married couple complaints of the things BY CHRISTY FISHER in their late 30s with two small children, that make life a little more their twice-a-year car trips from Virginia to difficult on the road. These inconveniences and annoyances— visit family in Florida are something to be which mainly have to do with the driving experience itself,rather endured. than roadside services—represent opportunities for marketers, "Car trips are not fun.They are really including automobile road Clubs,car manufacturers,state highway kind of stressful" says Judy, who notes that the difficult task of and tourism departments,and hospitality industries. keeping young children entertained is often compounded by road An overwhelming three in four grievances regarding road trips construction and traveling during holidays when traffic is heavier revolve around driving.Twenty-two percent are irritated by traffic and progress is slower."We would much rather fly.But for monetary and other drivers,closely followed by 21 percent who are bothered reasons,we dot t." by the driving process itself. Eighteen percent are annoyed by the America's leisure driving experiences appear to reflect the length of time spent in the car, while 12 percent are concerned Dioquinos'ordeals more than the Kyllos excursions,according to a about road conditions and safety.Only 16 percent find fault with h 1997 survey conducted for American Demographics by Market roadside hospitality services,but those who do cite lack of facilities American Demographics May 1997 43 —' than one-third of households with incomes below$15,000 took a road trip last year, compared with eight in ten households with CARCOMPANIONS incomes of$40,000 or more.College-educated Americans are more likely than average to take road trips,while those who went no fur- (percent dimibution of the people with whom adults traveled on their longest ther than high school are only about as likely as the elderly to take car leisure trip in the past year,by age of respondent,1997) such trips. 100% Adults who work also are more likely than those who don't to take a vacation getaway by car.Seven in ten adults who work full- 80% time or part-time took a road trip in the previous year,compared with 57 percent of retirees and 53 percent of adults who do not 60% work—mostly homemakers and students. 40% Money is clearly one of the biggest deterrents to the one-third of adults who don't take road trips,mentioned by 25 percent.But it's 20% not the biggest obstacle.Twenty-seven percent of those who don't take trips say they don't have time. 181:024 25to34 35to44 45to54 55to64 65and 0% Younger adults are more likely to say they are pressed for time. older adults&kids M kidsonly Madutts only Malone More than half of adults aged 18 to 24 say they are too busy to get away,but only 6 percent of those aged 65 and older say time is a Sours:Market Farts-Teleaotion,inr,Arlington Heights,It problem.Insufficient funds might seem more problematic for the -' — ----—'- -- - elderly than the middle-aged,but those aged 55 to 64 are most like- Although most adults of all ages travel with other adults,the ly to say they are particularly strapped for cash. Discretionary youngest and oldest are most likely to make solo road trips, spending income peaks in this age group, but these people have while the middle-aged are most likely to venture forth with other demands on their money, including increasing health-care only under-18s for company. costs and retirement savings. I Some people resolve the time issue by traveling via other modes; to accommodate frequent stops, high gasoline and hotel prices, 12 percent of adults didn't take road trips because they used anoth- inaccessible or dirty rest areas, hard-to-find restaurants, and er form of transportation. Twelve percent say they are in poor uncomfortable hotel beds. health and cannot travel.Adults aged 25 to 54 are the most apt to make a leisure trip using another mode of transportation, while ROAD TRIPPERS adults aged 55 and older are likely to be prevented from traveling Two-thirds of American adults took a leisure trip of 100 or more due to poor health. miles one way by car last year.Men are slightly more likely than Nine percent of those who took no road trips in 1996 list other women to hit the open road,at 70 percent and 62 percent,respec- reasons that prevent them from hitting the road,such as car prob- tively.Almost three in four married people took a car trip for fun lems or small children at home.An additional 15 percent have no in 1996. Despite the perils of traveling with children, those with problems with road trips; they just don't want to take them. The kids at home have an average propensity to travel this way.Those youngest and oldest adults arc most content to stay put.Twenty-one who aren't married are less likely to take road trips,at 56 percent. percent of those aged 18 to 24 and 25 percent of those aged 65 and Whites take road trips at an average pace, 68 percent, but non- older say they didn't want to go anywhere,compared with 15 per- whites travel at the same lower-than-average rate as unmarried cent of all nonroadtrippers. people,56 percent. Leisure travel by car,for the most part,increases with age,educa- THE IMPATIENCE OF YOUTH tion,employment status, and income. The only exception is that The people most likely to take road trips are also most likely to have seniors aged 65 and older are much more likely than average to no complaints about them. Twenty-three percent of car travelers report they cannot travel due to poor health.Six in ten adults aged aged 55 to 64 say they like road trips and can think of nothing that 18 to 24 went on a leisure car trip in the past year,and the share rises bothers them about the experience.Fourteen percent of those aged to about eight in ten adults aged 55 to 64.However,only about half 65 and older are also completely satisfied with the experience.Car of seniors aged 65 and older made a lengthy car trip for leisure in travel enjoyment is significantly higher among retirees and those the past year. who do not work,at 17 percent each,than among those who work Although road trips might seem the cheapest way to go,some full-time or part-time,at 10 percent and 2 percent,respectively. people lack the discretionary income even for these jaunts. Less Those with fewer time constraints may be able to sit back,relax, 44 American Demographics May 1997 and enjoy the ride.The Kyllos of Iowa like to take the road less trav- eled and enjoy picnic lunches in scenic areas off the beaten path. The Dioquinos otVirginia,however,want to get to their destination REASONS TO STOP as quickly as possible. Kids in the car have a big impact on the road-trip experience. (percent of or leisure travelers who cite selected things as the biggest influence on where they stop for gas or food,by age of respondent.1997) Only 7 percent of car travelers with kids at home report having a trouble-free time on the road.Although just 3 percent of respon- 100% dents specifically mention children as the primary source of 80% annoyance on a road trip,kids probably play a role in amplifying many of the other irritations encountered,including frustration at 60% traffic delays,discomfort sitting in the car,and sheer restlessness. The differences between older and younger car travelers become 40% apparent in what bothers each group most about car leisure trips. 20% Younger travelers are more irritated by the length of time spent in a W the car and the driving process itself.Thirty-two percent of travel- p% 18 to 24 23 to 34 35 to 44 45 to 54 55 to 64 65 and ers aged 18 to 24 are impatient with the length of time spent in the older car,but only about 10 percent of travelers 55 and older consider it ❑ safe-looking brand-name a problem. Driving also bothers 25 percent of 18-to-34-year-olds know from other trips close tolvisible from highway car travelers,compared with only 16 percent of travelers aged 55 and older. Source:Market fats-TeleNoflan,/at.,Adingtan Heights,It "The 65-plus drivers are really irritated by traffic, while the Easy access to pitstops is an even bigger priority for younger folks are much less so;'says Tom Mularz,vice president of middle-aged road trippers than for adults as a whole, Market Facts-TeleNation."But the older folks are much more while younger adults place more emphasis on tol- erant than younger travelers of the monotony of driving."Thirty- security and older adults on familiarity. Five percent of car travelers aged 65 and older and 29 percent of those aged 55 to 64 are annoyed by traffic and other drivers. But AAA is just a phone call away"In 1996,AAA planned more than 9 traffic and other drivers bother less than 21 percent of car travel- million car trips. Its 24-hour emergency road service came to the ers under age 45. rescue of stranded motorists 27.5 million times."Travel with some- Travelers who live in the traffic-clogged Northeast enjoy car one,you trust'is the theme of its advertising. leisure trips the least,while those who live in the West and Midwest Appealing to travelers' insecurity is effective. Carol Collins, a enjoy them the most.One-third of northeastern travelers complain school teacher from Washington, D.C., wishes she had taken about traffic and other drivers,versus 16 percent and 18 percent, Amtrak or had an AAA membership last November when she 1 respectively,of midwestern and southern travelers.Midwesterners made a bumper-to-bumper Thanksgiving trip to see her sister in are most bothered by driving itself and the length of time spent in upstate New York.The trip took eight hours instead of the usual five the car.Traffic is apparently less of an issue in the wide-open Plains, or six.She set off for home early the following Saturday to beat traf- but the scenery might get a little dull. tic, only to have her 1984 Honda break down in southern New lersey.The repair shop to which she had it towed couldn't fix it until ROADS TO OPPORTUNITY Monday,and neither the shop nor a local taxi would take her to a Traffic and construction delays,as well as the uncertainty and anx- train station.She finally got a ride home from a Maryland couple iety of being in an unknown place,represent marketing opporumi- and returned the next weekend with her boyfriend to retrieve her ties for competing forms of transportation,road clubs,and tourism car. and highway departments. "After that trip,I promised myself that I would never travel alone The National Railroad passenger Corporation,better known as by car if the trip took over two hours,"says Collins."Also,I'm never Amtrak,has strategically placed billboards along the heavily trav- traveling in a car again for Thanksgiving.I'm encouraging my fam- eled Interstate-95 corridor in the Northeast touting the advantages ily to come visit me,or I'm taking the train or[lying' of train travel."Wouldn't you rather be in one of our cars?"is the State highway and tourism departments are working together to theme of its advertising. make the driving experience safer and more pleasant in their states. The American Automobile Association(AAA),a federation of 99 Many states have visitor welcome centers staffed by travel coun- motor clubs in the United States and Canada,sells its memberships selors,who can help travelers book a room for the night or plan the by offering motorists"peace of mind,that no matter where you are, fastest or more scenic route through the state.Texas has an Internet American Demographics May 1997 45 -- says Cheryl Pepper,director of visitor services for the Florida Tourism ACCOMMODATING ACCOMMODATIONS Industry Marketing Corporation in Tallahassee,which manages the state's (percent of or leisure travelers who spent at least one night in paidacmmmodatlons in the past year by preference for selected services,t997) welcome centers."Our staff scan pro- . vide]extensive information to the visi- tors ...and ultimately influence travel in-room plans to stay longer and visit more des- entertainment tinations." good food Jennie and Roger Cole of Fairfax Station, Virginia, think better of the quick food state of Ohio after a car trip last sum- things to do within mer to Lafayette, Indiana. The Coles, walking distance who were traveling with their three more preschoolers, were especially secure rooms impressed by the quality of rest stops quieter to and helpfulness of staff."We go to rest areas so the kids can get out and run;' technology says Jennie. "Ohio has beautiful rest age restrictions areas that are clean, pretty, and well maintained. It used to be when you 0% 20% 40% 60% 80% 700% stopped at these things, they had no had access to running water and a port-a-potty. I ® would have liked ❑don't care about Now they are gorgeous and have a Source:Market ram-relemation,Arlington Heights,11 caretaker at each one with helpful road information:' Although hotels and motels have for the most part caught on to travelers'biggest needs,they The Coles also got advance warn- could go further in helping their guests feel safer and sleep better. ing about poor road conditions in Columbus and heave construction and site that allows visitors to map out a travel itinerary online. The traffic delays inlndiana."You don't want to hear it,but at least ifyou Florida Department of Transportation also uses the Internet and know it could be a problem,you won't run into the car in front of distributes a brochure at its welcome centers to warn visitors and you"says Jennie. natives about road work ahead. Some states go the extra mile to promote local private enterprise. WAYSIDE SERVICES Pennsylvania,for example,invites local craftsmen and businesses Road trippers are generally satisfied with the stops they make en to set up shop for a day in its welcome centers to give visitors some- route. Only 3 percent of car travelers in the Market Facts survey thing more to see when they stop in.Pennsylvania-made crafts also said that hotel problems,such as noise,unclean rooms,or uncom- are sold at outlets at two of the states turnpike travel plazas. In fortable beds,were the worst part of a road trip.Three percent cited April, Florida began testing the Traveler Information Radio high hotel and gasoline prices, and 2 percent said that difficulty Network,a private-public partnership of 18 radio stations that air finding restaurants or good food was their pet peeve. traffic and weather information,public-safety announcements,and More than two-thirds of leisure car travelers checked in at paid local and statewide advertising aimed at the car traveler. accommodations for at least one night last year—at a hotel,motel, State highway and tourism departments know the value of the or bed-and-breakfast inn.Money clearly plays a role in the decision car traveler to their state economies. By offering travel-friendly to pay for a bed. roadways,inviting visitor information centers,clean rest stops,and Nearly three-fourths of car travelers with household incomes of appealing food-and-gas travel plazas, state officials hope to get $50,000 or more stay in paid accommodations,versus half of those travelers to stop and check out their offerings, whether they are with incomes below$15,000.Income levels also explain why seven planning an extended stay in the state or just passing through. in ten car travelers with college or postgraduate educations stav at a "Man),visitors coming to Florida have pre-arranged plans and hotel,motel,or inn,compared with 64 percent of car travelers who accommodations for only the first couple days of their vacation" have no college education. Car travelers who work are also more 46 American Demographics May 1997 likely than those who are retired or don't work for another reason to check into a hotel or motel. PET PEEVES For those who don't use paid accommoda- tions, the two biggest reasons that would 9 - (percent distribution of car leisure travelers by thething that bothers them mostabout road trips,by region of change their minds are if hotels and the like residence,1997) were convenient to their destination or it was ' All Northeast Midwest South West cheaper. Thirty-one percent say they would stay the night if there were no restrictions on Traffic/other drivers.........22% 33% 16% 18% 24% Driving ....................21 25 25 20 14 animals, and 16 percent would prefer that Time spent in car............18 , 15 26 16 17 there were restrictions on children or ,young Road conditions..............6 8 5 8 4 Safety in car.................6 4 6 8 5 adults. Fifteen percent say none of these fac- Rest areas....................5 5 2 6 4 tors would influence them to stay in paid Restless kids.................3 4 4 2 5 Expensive gas/motels........3 1 5 4 3 accommodations. Many of these people may Nothing at all...............11 8 12 10 13 be making a beeline for friends or family and soorre.-Monet Fact,mareieliation,Arlington Heights,Illinois have no need to spend a night elsewhere. An overwhelming majority of car leisure Northeasterners who take car trips are most plagued by all those other travelers who stay at hotels, motels, or bed- people on the road.Midwesterners get most annoyed by being cooped and-breakfast inns are satisfied with the up in the car for hours. accommodations. More than 93 percent of overnighters in the Market Facts survey had access to in-room Maryland House food court on the turnpike, where she can get entertainment,88 percent had access to quick-and-easy food ser- Sbarro pizza,coffee,and Lifesavers candy for the road."Its easy to vice and good-quality food, and 73 percent found things to do get in and out,and there is more variety,"says Collins. within walking distance. The things most people choose that would make overnights BEING PREPARED more comfortable are peace and quiet and better security,the sur- Despite their complaints,American leisure car travelers can't think vey found.Twenty-three percent of overnighters would like hotels of much that would improve their road trips.Seven in ten car trav- to take extra steps to make rooms quieter, while 17 percent want elers surveyed by Market Facts want nothing more in their car.Only extra steps taken to make the premises more secure. 7 percent would like something to hold items in,such as a cooler or Even though car leisure travelers overwhelmingly stay at econ- cup holder,and 6 percent desire entertainment equipment such as omy and mid-priced hotels, they expect value for their money, a television,stereo,or CD player.When probed about whether they says Betsy O'Rourke,vice president of marketing promotions and would consider buying or renting such items for a future road trip, communications for Choice Hotels International in Silver Spring, leisure travelers don't seem very interested. Maryland.They expect a nice-looking hotel with clean and com- That's because most of them already have well-equipped vehi- fortable rooms,and they want extras such as a"free"continental des.The Dioquinos take a TV and borrow a VCR so the kids can breakfast included in the price.In choosing a hotel,rate and Iota- watch Disney movies on the way to Florida.Carol Collins brings tion are key, but "curb appeal" also is important in getting the a portable CD player when she hits the road. The Coles pack traveler to check in."Even if a traveler has advance reservations,if books, games, and toys, as well as a cooler full of juice boxes, they get to a hotel and it doesn't look good,chances are they will snacks, and lunches."When I hear, 'When are we going to get g0 across the street and check into another hotel;'says O'Rourke. there?'I pull out something brand new for the kids to play with;' Convenience is even more important in determining where car says Jennie Cole. travelers stop for food and gas. Nearly four in ten respondents to More than two-thirds of road trippers are not interested in the Market Facts survey say they look for gas and food outlets that items that could alleviate the stress of unexpected traffic delays are close to or visible from the highway.Over one-fourth look for or lack of convenient rest stops—electronic navigational aids familiar brand names.Sixteen percent visit places they know from and emergency toilets. perhaps it's a matter of educating them previous trips,while 13 percent want a safe-looking area. about the benefits of such products,but it's also partly the men- Judy and Tim Dioquino saythey look for a McDonald's or Burger tality Americans seem to have about the rigors of road trips.We King restaurant with a large play area."We stop there and eat our expect the worst. dinner while the kids play,"says Judy."Then we'll get their dinners Jennie Cole says that the anticipation is often worse than the and let them eat in the car."Carol Collins says she likes to stop at the reality."I get very worked up about these trips,and I'm constant- American Demographics May 1997 47 Cars and Kids Go Together Like Peanut Butter and Jelly Americans are traveling more for plea- friends and relatives,attending a special event, travel,finds Shifflet family visits to see friends sure,and they most often choose to or other personal travel,according to D.K. and relatives or to attend special events grew go by car.Leisure trips grew 25 per- Shifflet&Associates,a travel research firm in 23 percent between 1992 and 1996,compared cent between 1990 and 1995,while business McLean,Virginia.Just 29 percent of car leisure with 12 percent growth in family vacation trav- travel has been flat for the past three years, trips were for a getaway weekend or general el for that period. according to the Travel Industry Association of vacation travel. Children are playing a growing role in plan- America in Washington,D.C.The automobile These trends hold true for trips taken by ning family vacation trips,according to the was the preferred mode of transportation, adults on their own and with children,but 1997 National Leisure Travel Monitor by accounting for 84 percent of all pleasure Yesawich,Pepperdine&Brown of trips taken 100 or more miles one-way l Orlando,Florida,and Yankelovich Partners away from home in 1995,up from 82 per- } of Norwalk Connecticut Fifty-seven per- cent in 1990.Air travel made up only 13 cent of adults who travel with children say percent of pleasure trips in 1995,while - the kids are extremely or very influential bus,train,and other modes of transporta- in choosing a destination for a leisure trip, tion accounted for 3 percent.Leisure travel up from 52 percent in 1996.Forty-nine- oby car grew 28 percent from 1990 to 1995, percent of adults who travel with children while leisure travel by plane increased 15 are also letting the kids have a say in percent. - where the family stays on a leisure trip,up "More Americans are traveling,and they from 46 percent in 1996. sare taking more trips,says Shawn "Today,kids are part of the family deci- Flaherty,mana manager of media relations for 9 sion-making unit"says Dennis Marzella, the Travel Industry Association of America. those with kids are making up a faster-growing senior vice president of research and strategic "There is more Interest in traveling,more high- part of the car leisure travel market,according marketing for Yesawich,Pepperdine&Brown, ways make it easier to get places,and the car is to Shifflet Parents traveling with kids account- an advertising agency that specializes in trav- an affordable way to go." - ed for 55 percent of leisure car trips in 1996, el."Parents want to keep kids happy.So if they Seventy-one percent of all leisure car trips compared with 51 percent in 19,92, go someplace,the kids are involved in the of 50 or more miles away from home in 1996 Family nonvacation car travel is growing at decision-making process." were for nonvacation travel,such as visiting nearly twice the rate of family vacation car —Christy fisher IN,amazed at how ease they are,"she says."Any time we take the Other research resources on Leisure travel include the Travel Industry kids someplace, they are always so good. That's not to say they Association of America in Washington, D.C., which offers regular and don't complain. But the car didn't break down, there were no occasional reports on the travel industry and travel trends, with data potty accidents,no one threw up,and we got there and back safe collected through its National Travel Survey and TraveLScope. and sound"Some Americans take pleasure in the act of getting Publications are available on a subscription or individual copy basis; there,but for parents and many others,the success of a road trip telephone (202) 408-8422. D.K. Shifflet & Associates Ltd. of McLean, may best be measured not by how much it's actively enjoyed,but Virginia, conducts regular surveys of business and leisure travelers by its relative lack of crises. through its DIRECTIONS Travel Intelligence System; telephone (703) ChristyFisherisofreelance writer in Arlington,Virginia,who recently traveled more than 902-0012. Flog Research of Reseda, California, specializes in travel and 2,000 miles by car to Florida and back.She is most irritated by troffk ondother drivers. leisure research and has several proprietary products, including the American Travel Survey; telephone (818) 345-7363. Yesawich, T A K I N G I T F U R T H E R Pepperdine & Brown is an Orlando, Florida-based advertising agency Market Facts, Inc.-TeleNation interviewed a nationally representative that publishes with Yanketovich Partners, Inc., Norwalk, Connecticut, sample of 1,005 adults by telephone on January 6-8, 1997. Information the YP&B/Yankelovich Partners National Leisure Travel Monitor; tele- about the twice-weekly surveys is available by calling (847) 590-7000. phone (407) 875-1111. 48 American Demographics May 1997 25.68.610 Signs on awnings, marquees, canopies, arcades or similar structures or attachments. A. All awnings or awnings with sign(s) must be reviewed and approved by the Architectural Review Commission. The awning (sign) must be architecturally compatible with the building and as a result, an awning may not be appropriate for every building. B. Pursuant to Section 25.68.470 "Properr maintenance of signs," awnings must be kept in good repair and be clean and nonfaded. C. Awnings must be substantially attached to the main building structure. D. Awning lettering and numbers as well as style and colors must aesthetically blend with the building. E. Letter height shall not exceed one-third of the awning height. The Architectural Review Commission may approve letters and graphics 50% of the awning height when the awning design is deemed unique and/or creative. F. Scalloping on awnings shall not be pronounced. G. When the installation of an awning covers up or obscures the view of street numbers, said street numbers shall be relocated on the wall in a location clearly visible from the street or placed on said awning in four-inch high letters with letter style Helvetica medium or equivalent. H. Awnings shall not contain phone numbers. I. Street-drop type awnings (i.e., canvas-vinyl signs) shall not be encouraged. (Ord. 587 Section 2 (Exhibit A Section 17), 1989: Ord. 129 Section 4 (part), 1977: Ord. 98 Section 1.(part), 1975: Exhibit A Section 25.38-17.05) ZONING ORDINANCE REVIEW COMMITTEE AGENDA WEDNESDAY, JANUARY 21, 1998 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CONTINUE REVIEW OF SIGN ORDINANCE II. DISCUSSION REGARDING TATTOO PARLORS w z�1�G _ ��- -�_ I� c�o� � � iu �.�� `V �j ter.•.FB-.C�/�� QRv'^Ci y �I -I► _ _ — - - -� -- - _-- - --- - -_sue-�—�- _ r r� i - ,y t I ! i ,f l I ZONING ORDINANCE REVIEW COMMITTEE AGENDA WEDNESDAY, DECEMBER 17, 1997 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CONTINUE REVIEW OF SIGN ORDINANCE Discussion of political signs with City Attorney Bob Hargreaves II. CONTINUE REVIEW OF PLANNED OFFICE/INDUSTRIAL ZONE STANDARDS I ��i�� m�......,.b s�� -- (.�� 1.`,ci-�w� • — -- �-- --- _�_ , �I; �� __ 4�I --�- '�� ISoD � �� ;h' - � ;�. - - - - ,� - - �� - - _�. �, ,, 4 i IIf E S ir- 1 lil _ I I I`i a — C �_,, ,.. �� ,66 1z 'l ��/ / --- - S 5 � 8 �H`f ZS 6 B DIO 11 i; I ,. Ii YI ! post-W fax Note 1671 Dale It R va4e+� 1 Plan when a finding can be trade that th F/O1A kzijt la..t generated by the project is no greater d WDW. cm housing facilities must conform to the fic rxwm« °"° ° 7 f v 644—323(* I F"x 7ba) gla'I' -]0 FaXO Commercial Areas designated for commercial are to be used predominantly for the conduct of private business ventures,but may also accommodate incidental uses and in certain cases mixed use residential may also be appropriate. The specific character of mixed land uses are defined for each commercial area in the land use proposals section. Also defined are intensity limits, which usually takes the form of a Moor Area Ratio(FAR)or a speck square footage limit. Floor Area Ratio is defined as the ratio of gross building square footage to gross land area The square footage limitations set forth in this plan are gross square feet. Some area descriptions include a second,higher floor area ratio, which will allow for certain uses to exceed the primary FAR based upon the lower traffic generation characteristics of the use. This concept,which is further described in the'Development Policies" section of the Land Use Plan also sets more stringent floor area limits on uses with higher than average traffic generation characteristics. Within each specific area, this description, dual floor area limit is identified with a slash(0.5/0.75). Floor area ratios or specific floor area limits, in addition to being a defined intensity limit for land use, can also be used to address the physical bulk of buildings. This "visualintensity" issue has become important, particularly in the older commercial areas where lot sizes are relatively small. Therefore, floor area ratios or limits identified for most commercial area include the floor area devoted to covered,above grade parking structures in excess of 0.25 FAR for exchisive commercial development and in excess of 0.35 FAR for mixed commercial residential development. Some area limits do not include these parking areas and are also specifically iderm ed in the area descriptions. Parking structures are compatible within these areas, and the construction of parking stnrctu es has contributed to landscaped and open areas within each development. Retail and Service Commercial - This land use category has been applied to areas which are predominantly retail in character, but also accommodate some service office uses Uses allowed include retail sales, offices which provide goods or services to the general public,hotels and motels, restaurants, commercial recreation, and senior citizen housing facilities. Separate "corporate' type offices are not allowed in these areas. O Arbnnrzsb&aftw Professional and Frm»fefal Commercial-This land use category has been applied GE C to area which are predominantly used for office,but also accommodate support retail and service p°(• uses.Uses allowed include vices,medical offices,retail and service commercial,re ai ts,hotels " Qa°��' and motels,commercial recreation,and senior citizen housing facilities. d'4n Reawarional and Marine Commercial - This land use category has been applied to waterfraru commercial areas where the City wishes to preserve and encourage uses which facilitate a marine Land Use Element Pap 21 FAX City of Costa Mesa Development Services I Department Date 11124197 INumber of pages including cover sheet 13 TO: ' FROM: Elaine Steinhardt City of Palm Desert City of Costa Mesa P.O. Box 1200 Costa Mesa, C4 92628-1200 Phone Phone (714) 754-5270 Fax Phone 760 341-7098 1 Fax Phone (714) 754-4856 REMARKS: ❑ Urgent 0 For your review ❑ Reply ASAP [] Please Comment This is the best I could find For you. It is a matrix illustrating permitted,permitted by conditional use permit and uses not permitted in each zone. There are really only two or three"office parks"in the city and they are zoned commercial so anything allowed in any particular commercial zone would be allowed there. IYUV�CY 1JJf 1V•Vi LCVLLW IiLivi ..'v.d •"� JL.�oa Costa Mesa Toning Code r O CHAPTER IV. CITYWIDE LAND USE MATRIX Sec. 13-30. PURPOSE The purpose of this chapter is to provide a comprehensive list of uses which are permitted, conditionally permitted, or prohibited in the various zoning districts, as represented by Table 13-30, LAND USE MATRIX. In evaluating a proposed use, the following criteria shall also be considered: (a) Uses determined as permitted may be subject to a discretionary review when construction is proposed, pursuant to CHAPTER III PLANNING APPLICATIONS. IN Uses proposed in the Planned Development zones are subject to verification of consistency with the master plan adopted for Planned Development zones. A proposed use not expressly allowed by the adopted master plan may require additional discretionary review pursuant to Table 13-30, LAND USE MATRIX. (c) All listed uses in the matrix are subject to verification of compliance with density and floor area ratio limits, parking requirements and performance standards which may, in certain cases, prevent the establishment of the use. (d) Any proposed use not listed in the LAND USE MATRIX shall be reviewed by the Development Services Director to determine its similarity to another listed use. It no substantial similarity exists, the proposed use shall require approval of a conditional use permit prior to establishment of the use. (e) For the purpose of Table 13-30, LAND USE MATRIX, the various zoning districts are labeled as follows: Residential zones: R1, R2-MD, R2-HD, and R3 • Commercial zones: AP, CL, Ct, C2, Cl-S, and TC a Industrial zones: MG and MP Planned Development Residential zones: PDR-LD, PDR•MD, PDR-HD, and PDR•NCM a Planned Development Commercial zone: PDC • Planned Development Industrial zone: POI a The Parking zone: P a Institutional and Recreational zones: I & R and I &R-S If) For zoning districts located in a specific plan area, please refer to the appropriate specific plan text to determine if any additional regulations related to land uses are applicable. 31 Chapter N Citywide land Me Matrix •c A A A � a a Q � • • ♦ V • • • a � (] a N m b J y p U IL i' • V U a • d U d a° o 0 •; o n r m 0. G ct 8 U 2- • • • • U • • • • U Chi C V > aG � xo A � ~ V n V A e E a0eC -j0 • • • • • • • • • ♦ E a a O] W 2 a . • V • U V d U a 2 'F C7 • • • V V U• d U X m e c QN ►- (� a . • V U U • 0. 0 d eq �j � A mS u � ; c A Q U N a a • U U 0. U 0. V d m m o Z ag E 5 `- d E3 ° o N W O C a • U • U • d • 0. a e .ao f a v � rFa, Q0. C • • U • • • n. • 0. Acu > H - C A eV R' n • • • • • • • • • • r m y e [] LL aA 7 U A p [CN � Q • • • • • • • • • • e � � m � og9a Ca « � m n `m uW `m mr to .. W .� `w xtA _ Wj J ayy V a U 01LyW ►= m � F- 2 0 L oz C u Z !C •s " ari O c A A ro dam • X '� u r W D Q MYM � � V — 2 d d = A `• m o � A toU Q 7 F „ K K d � v m � Y y iri m u m mi V W aura C C •� a oei W A V'FZq O um c om dJ�0 "w mY _T 2! o aeW,moas„mo •m m �qb aE• rd d G V G d " �• O m =• d C y d N H E O. O m 7 C N 6 •m- C 6 n V L G C d7 d C p N. . 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N N,R E (o Vi m N N i •a OC N- • • • • • � e n � C c m � 9 m aOC[ SC1 �� : m o - = O a � Q..S 0 • • • • • • d 4 U G C � m N L G d AL aga actu CL a a a ey x .O do aNi- U . 0 ale • • a g � c m N L W V r N U • • V U • a C L U j s O Q U N U • V U U • 0. a n� m V MZ � ' E l9 J n m P m U � U • • U U • 2 U 1p E c � 0 J � U J • • . • • m a m 3 F" F as • . c m � � � N fig - m U k 3 v O » G Cc .0 - „ OCNS'C • • . • • • • • 0 m } ma m n G m c 6•�j 'C z m C c Wmo E4 m .�„ W ro � c3 v ? �5w � 3 ctQ mm � „ a @ ' m5g W 3 ama x mw = � eD«" Z L m o a a o v < 3 o m c V m s a a oA G a o m 8 �• 6`' N • ; W = O m N O rL 'G O ui A W WW y W O nTs - c na O_ y �, J H � 'yU W mV O N fc m nONa m ._ =o E < o mulA O c m C 3 V c W V 7 m V 0 0 N 7 F = LL d O tm > Q • - eV •ia ZONING ORDINANCE REVIEW COMMITTEE AGENDA WEDNESDAY, NOVEMBER 19, 1997 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE ++++w++ww++++++w+++w+++++++wwww+w+wwwwww+w+wwwwww+++++w++++++++++w++++++wwwww+w+w+wwww+www++++++++++ I. DISCUSSION OF COVERED PARKING REQUIREMENTS FOR SINGLE- FAMILY HOMES II. CONTINUE REVIEW OF SIGN ORDINANCE III. CONTINUE RECONSIDERATION OF PLANNED OFFICEIINDUSTRIAL ZONE STANDARDS ZONING ORDINANCE REVIEW COMMITTEE AGENDA THURSDAY, OCTOBER 15,1998 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. DISCUSSION OF SIDEWALK VENDING MACHINES II. DISCUSSION OF AMENDMENTS TO PARKING LOT STANDARDS RELATED TO IMPLEMENTING NEW LANDSCAPE STANDARDS FOR PARKING LOTS (REVIEW DRAFT ORDINANCE) MINUTES ZONING ORDINANCE REVIEW COMMITTEE SEPTEMBER 23, 1998 I. CALL TO ORDER The meeting was called to order at 3:10 p.m. Present: Tim Bartlett, Jean Benson, Jim Foxx, Sonia Campbell, Bob Leo, Steve Smith, Frank Urrutia I. RECONSIDERATION OF POLITICAL SIGN ORDINANCE Mr. Smith reported that the Committee reviewed the revised ordinance and indicated its preference for the prior version because it affords more protection, but deferred to the Council's preference for the revised version. II. DISCUSSION OF TEMPORARY WINDOW SIGNS - DEFINING "TEMPORARY" The consensus of the Committee was that "temporary" should be defined as 30 days. III. DISCUSSION OF AMENDMENTS TO PARKING LOT STANDARDS RELATED TO IMPLEMENTING NEW LANDSCAPE STANDARDS FOR PARKING LOTS (REVIEW DRAFT ORDINANCE) Member Foxx stressed the importance of allowing for flexibility regarding design, and suggested that this serve as more of a guideline rather than an overly restrictive ordinance that could stifle creativity. Mr. Smith noted that the ordinance can have language indicating that the Architectural Review Commission has the authority to make exception to the standards contained therein. Member Leo suggested that the list of approved trees be reviewed every two years. Member Leo suggested that the term "standards" should be defined as it appears in the landscape maintenance agreement contract form. 1 ZONING ORDINANCE REVIEW COMMITTEE SEPTEMBER 23, 1998 MINUTES Member Foxx noted that trees can grow to a point where they block business identification signage. Member Benson felt that some kind of guideline is necessary to ensure that landscaping flourishes. Member Leo suggested that Section 121 be modified to indicate that the Architectural Review Commission has developed guidelines for tree planting which must be followed. IV. ITEM FOR FUTURE AGENDA: DISCUSSION OF SIDEWALK VENDING MACHINES Mr. Smith indicated that Ruth Ann Moore of the Business Support Department will attend the next meeting wherein the Commission will discuss sidewalk vending machines. IV. ADJOURNED The meeting adjourned at 4:30 p.m. STEPHEN R. SMITH. PLANNING MANAGER 2 I ZONING ORDINANCE ®RAY CHAPTER 25.58 OFF-STREET PARKING AND LOADING Section 25.58.120 Parking Lot Tree Requirements. The intent of this section shall be to improve and maximize landscaping within the off-street open parking areas including but not limited to, providing fifty percent (50%) or more of shade coverage in parking lot areas within ten years. Landscaping shall be provided and maintained to the extent that at least one medium or large scale tree is planted for every three parking stalls. A diversity of tree species is required. The minimum size tree planted shall be no less than a twenty-four-inch box tree, sized to specifications according to the American Standard for Nursery Stock ANSI Z60.1 and Arizona Nursery Association Grower's standards. Low water use and "native" plant materials shall be encouraged and used to the greatest extent possible. Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited. All trees shall be planted and maintained according to the City of Palm Desert's "Landscape Guidelines" and in such a manner to maximize the growth, health and longevity of the plantings. Parking lot trees adaptable to the Coachella Valley environment shall be selected and planted according to the recommended parking lot tree list in Exhibits "A"and "B° of the ordinance codified in this chapter, on file in the city clerk's office and/or approved by the city's arborist. Proposed trees must meet the long term city goal of shading fifty percent (50%) or more of the parking lot area within ten years. 1 Section 25.58.121 Plan Review Process. Landscape and irrigation plan submittals will be subject to approval by the Architectural Review Commission. All drawings shall clearly identify tree types, locations, spacing of plant material, irrigation layout design, and maintenance schedule for the care of plants and the irrigation system. Section 25.58.122 Tree Selection. Multiple tree species are required when six or more parking stalls require landscaping. The number of species of trees are based on the total amount of parking spaces. When required to plant one (1) or two (2) tree species, use evergreen trees only. Include semi-evergreen trees when using three or more trees species, as noted herein: Parking Spaces Number of Tree Required Species Required Tree Type 1 - 6 1 tree type Evergreen 7 - 30 2 tree types Evergreen 31 - 90 3 tree types Evergreen and Semi-Evergreen more than 91 4 or more tree types Evergreen and Semi-Evergreen Deciduous trees may be used in substitution for semi-evergreen trees. Limit their use to no more than one-third (1/3) of the total tree quantity. Native and small scale trees need room to develop low spreading branch structure and may interfere with pedestrian and vehicular traffic. Compared to other tree types, native and small scale trees when used in a parking lot settings will require more maintenance and a higher replacement ratio. These trees, if used in planters must have a single trunk, and trained as a standard. The use of native and small scale trees is limited to no more than one-quarter (1/4) of the total tree quantity. 2 Trees in planters shall be single-trunked and shall have a minimum trunk size of no less than one-and one-half(1 %') inch diameter. The canopy height shall be an average of eight-to-ten (8' to 10) feet tall and three to four (T to 4) feet wide. Multi-trunk trees are considered accent trees and will be permitted in planting areas provided the area permits the natural spread and development of the tree canopy. Multi- trunk trees shall be no less than a thirty-six (36") inch boxed tree. Branching should begin no less than eighteen (18") inches from ground. The average trunk diameter of each major branch is to be no less than one (1") inch in diameter. Under no circumstances will the pruning of multi-trunk trees to constrict the development of the canopy be allowed. Section 25.58.123 Substitutions. Substitutions may be approved or rejected by the City's arborist or may be referred to the Architectural Review Commission for approval or rejection. All substitution requests must be submitted in writing to the City's arborist. Substitutions will be agreed to or rejected by the city in writing. Section 25.58.124 Planting Requirements. All planting shall conform to the City of Palm Desert's "Landscape Guidelines." When planting small scale and columnar trees, plant no closer than fifteen (15') feet apart and no greater than twenty-five (25') feet apart. Native and medium scale trees shall be spaced no closer than twenty-five (25') feet apart. Space large scale trees at least thirty- five (35') feet apart. Planting of non-native, deciduous and evergreen trees is not recommended when air temperatures exceeds 100o Fahrenheit. When stock pilling plant material on site, the material must be properly watered and protected from the sun. Stock piled material will be subject to inspection prior to installation. 3 Section 25.58.125 Planter Requirements. A new or retrofitted tree planters shall have a minimum of nine (9) feet by seven (T) feet, measured to the outside perimeter of the planter, and shall have no less than 48 square feet of permeable soil planting area. Section 25.68.126 Parking Lot Irrigation Requirements. Irrigation systems within parking lots are required. The irrigation system shall be a automated system with a irrigation control timer. Irrigate trees with drip emitters or bubbler heads. Trees shall be irrigated separately from shrubs and ground covers. All systems shall conform to the City of Palm Desert's "Landscape Guidelines." Section 25.58.127 Installation and Inspection of Plant Material and Irrigation System. Install all plants and irrigation systems according to the City of Palm Desert's "Landscape Guidelines." The owner shall guarantee the quality of work, health, and condition of plants and installation of materials including but not limited to: plant types, size, spacing, and irrigation systems. The landscape architect or the designer of record will be responsible for periodically inspecting and approving to specification the installation of all landscape elements. Prior to final acceptance of the project, the City will accompany the landscape architect or designer of record to inspect and certify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements will be made prior to final approval by the city and execution of a "Landscape Maintenance Agreement" and issuance of a "Certificate of Occupancy." In the event corrections cannot be made or an installation can not be completed prior to issuance of a "Certificate of Occupancy," the city will require a cash deposit equal in value to the amount of landscaping not completed. A cash deposit is returned only when the city gives final approval of the project. 4 Section 26.58.128 Landscape Maintenance Agreement A "Landscape Maintenance Agreement" shall be required and executed prior to issuance of "Certificate of Occupancy." The agreement insures that the long term care of all landscape elements is properly conducted to the highest arboricultural and horticultural standards. The City will conduct periodic inspections to ensure that the agreement is adhered by the owner of the property. The owner is ultimately responsible for the quality of all plant material and irrigation systems and is responsible to maintain all landscape and irrigation systems in perpetuity. If the landscape or the irrigation system fails to pass inspection, the owner shall be responsible for making corrections and/or replacing materials to ensure compliance will applicable codes and regulations after thirty days of notice by the city, at the owner's expense. Section 25.58.128 Maintenance Requirements. Maintenance shall include but not be limited to proper pruning, watering and fertilization of plants. Periodic mulching and corrections to irrigation systems and staking devices are required. The removal of weed is required. All missing, dead, dying or significantly injured tree(s) must be replaced. Unless otherwise approved, a replacement tree(s) shall be the same size and tree type as removed. The minimum size replacement tree allowed shall be no less than a twenty-four (24") inch boxed tree. All major tree pruning work for maintenance shall be supervised by a certified arborist. All pruning shall be performed with an overall goal of providing maximum tree canopy development. The topping of trees is prohibited. Pruning to reduce the canopy coverage is also prohibited. All significantly injured, decayed or dead trees and trees found to be significantly damaged by improper pruning must be removed and replaced. All maintenance work performed shall be in accordance with the City of Palm Desert's "Landscape Guidelines." 5 DEFINITIONS Accent Tree: Includes multi-trunk, small scale, and columnar trees whose purpose is more for aesthetic or screening purposes rather than for shading purposes. Boxed Tree: A container grown tree in a controlled nursery environment. Canopy: The upper portion of a tree from the lowest branch on the trunk to the top. Certified Arborist: A person demonstrating and passing a technical competence test showing knowledge in the growth and development and management of trees and other woody plants in the residential, commercial and public landscapes. Certification is obtained through the International Society of Arboriculture. Columnar: The form of a tree that grows more upright and narrow than broad and spreading. Deciduous: Trees or shrubs loosing their leaves in the Fall. Diameter: The width of the trunk of a tree or plant. Diversity: A mix or variety of tree species in order to reduce the risk of disease and insect infestations and to create variation in growth rates and tree canopy development. Evergreen: Trees or shrubs having foliage on branches throughout the year. Landscape: Includes elements such as trees, shrubs, groundcovers and mulch. Large Scale Tree: A tree whose average height is more than 50 foot tall. Low-Water Use: A measurement of water consumption based upon local research. Medium Scale Tree: A tree whose average height is between 35' to 45' high Mulch: An organic or in-organic material loosely placed over soil surface. Multi-trunk Tree: A tree having three or more major branches originating from the same point on a tree. Native: Originating naturally in a particular region or part of an area. Plantings: Includes appropriate shrubs, trees, ground covers and mulches. 6 Planters: Designated confined planting areas located within a paved area intended to support the growth and development of trees and other plant materials. Pruning: The cutting away of unwanted parts of a plant. Retrofit Upgrading:A pre-existing area. Semi-deciduous: A tree that looses a significant amount of leaves in the dormant season. Small Scale Tree: A tree whose average height is between 15' to 25' high. Species: A group of plants having similar origins but each plant having individual and unique characteristics. Standard: The training of a plant to have one single trunk. Origination of branches may vary depending on plant type, size and intended purpose. Stock-piled: The temporary storage of plants or materials on a site. Topping: A severe type of pruning, cutting back branches producing less than desirable results with respect to the tree's natural form, leaving stubs or ends of branches. 7 c n _ 72 d a + • m i � � � —'� � y' � d o w to C o r U t o v �' y E u 3 y Y 5 u y m Y y o °G..,. 3 s ' S a 3yy ° « 2 E � 5 �� 9qq c° d eygyi va � vi 3 Q ieL oa ° ii E v g Q 3 I� m 6 d m E g o + _ 3 ' + E + oat F E +�E E- >m arp � o00 E a v § y � " a v 44 yy + o v v u + a y Ee�i � o+ C� {?,� o E `yy �pd11 o rn Q d C O J O N Ov ` L t d N ` yy .°`.. rn ?� ° d E 3iy 9 55 G 9 '3 u E C 3 + Ear E E-E w E V d s d i o m m EL E E Qy yq3 E ' e E �q 04�� .°.3 Hw � n0 ° fw fG �= O n a �U cu L -8 0. 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C O C •• N � d l7Y „ d d •� � irt • 7 ± d yo g 6 C o t Y �3 3 o E u 2Eo ° h E3 0 xi c • ' uco v•h• va-C� t N .o ay u C. L t s L u a a a i. ° o g `� 3 in rn r � � u o zo } u • < • LL a 0 ♦ 3 ° • w ♦ • 3 E A ZONING ORDINANCE REVIEW COMMITTEE AGENDA THURSDAY, OCTOBER 16, 1997 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM I73-510 FRED WARING DRIVE I. RECONSIDERATION OF PLANNED OFFICE/INDUSTRIAL ZONE STANDARDS I1. CONTINUE RECONSIDERATION OF R1 ZONE STANDARDS III. CONTINUE REVIEW OF SIGN ORDINANCE r MINUTES ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 1, 1997 I. CALL TO ORDER The meeting was called to order at 3:10 p.m. Present: Tim Bartlett, Jean Benson*, Jim Ferguson, Jim Foxx, Bob Leo, Steve Smith, Frank Urrutia* *Member Benson joined the meeting at 3:37 p.m. *Member Urrutia joined the meeting at 3:20 p.m. II. RECONSIDERATION OF PLANNED OFFICE/INDUSTRIAL ZONE STANDARDS Mr. Smith reported that some major corporations have expressed interest in having large office complexes in town, however, the OP zoning designation does not address those needs; so staff has proposed a new Planned Office/Industrial District (POI) which would allow a broader range of uses than the OP zone permits in order to allow for large office complexes on lots with a minimum of two acres located along major arterials, and subject to a Conditional Use Permit, also permit ancillary commercial uses. Mr. Smith directed the Committee's attention to the proposed Zoning Ordinance amendments and asked for the Committee's input regarding landscape requirements, building height restrictions and setback requirements. Mr. Smith referenced proposed Section 25.36.250, which indicates that a minimum of one- third of the net site area shall be landscaped, to which Members Bartlett and Leo responded by indicating one-third would be too much. Member Ferguson reported that U.S. Filter and Gunthy-Renker have approached the Redevelopment Agency regarding each company's desire for a 40,000 square foot planned office professional complex, expandable to 80,000 square feet, which would initially house 250 to 500 employees, and possibly as many as 1,000 employees. Member Ferguson felt that a 30% landscaping requirement is too high and unnecessary, and pointed out that the City would probably not have very many of this type of large office complex. Member Urrutia joined the meeting at 3:20 p.m. Member Foxx felt that ancillary commercial uses in such a developments should also be within walking distance of other office developments. 1 ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 1, 1997 MINUTES Regarding the proposed building height for the POI zone, Member Foxx suggested that large office complexes of 40,000 square feet or more should not be limited to two stories and 30 feet as long as the complex is not adjacent to residential development, and pointed out that since a three-story building would have a smaller footprint than a two-story building, the City could require a larger setback to mitigate the visual impact of a taller building, and since the parking requirement would remain the same for a building of that size, a larger landscaping requirement would not necessarily be a burden to the developer. Member Foxx noted that the height of the Marriott development has not been a problem. Member Ferguson commented that the ancillary commercial uses on Cook Street now comprise approximately 50% of the uses in that industrial area, which was not intended for that area; so he would agree that ancillary commercial uses should be limited to a certain percentage of the development area and also be restricted to those types of uses which do not generate additional automobile traffic. Member Ferguson agreed that a higher building height limit should be allowed for the proposed POI district as long as developments are not contiguous to residential uses. Member Foxx suggested that the area along Fred Waring between San Pablo and San Anselmo would be a good location for the proposed POI district, since this type of zoning would serve to clean up that area. Member Foxx recommended that a formula be developed to ensure adequate setbacks for proposed developments greater than two stories and thirty feet in a POI district. Councilmember Benson joined the meeting at 3:37 p.m. Councilmember Benson agreed that three stories could be appropriate for developments in a POI district which are not adjacent to residential uses, but felt that four stories would be too much and would most likely elicit opposition from residents of Silver Sands and Santa Rosa. Member Foxx felt that allowing additional building height will give architects more design flexibility. Member Ferguson indicated that the U.S. Filter and Gunthy-Renker are considering a location at Cook and Hovley as well at Portola and Frank Sinatra, and would require 25 acres for a project which can expand to 80,000 square feet, and Councilmember Benson agreed that the Portola locations would be good for this type of use. Member Foxx preferred the site near Desert Willow. 2 ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 1, 1997 MINUTES The Committee reached consensus for a setback ratio of 1:1 for developments in excess of 30 feet in height, and also agreed upon a maximum building height of 45 feet, and Member Bartlett clarified that the 1:1 setback ratio requirement for structures exceeding 30 feet in height would be measured from the point where the setback for buildings less than 30 feet ends. Member Ferguson stated that he is not comfortable with the word "Industrial' in the title of the proposed zoning designation, and Member Bartlett opined that the word would have a negative connotation in this type of situation; so the Committee agreed to delete that word from the title and suggested that it be titled Planned Office Professional Park District. Regarding the proposed uses permitted by approved precise plan, the Committee agreed to eliminate community facilities from the list of uses subject to approval of a Conditional Use Permit. Member Ferguson suggested that "ancillary commercial uses" should.be defined, to which Mr. Smith responded by pointing out that since such uses would be suject to a Conditional Use Permit, the Planning Commission would make the determination as to which uses are appropriate for each site. Member Bartlett suggested limiting ancillary commercial uses to 10% of each proposed development site, with which Member Ferguson concurred, and Member Foxx suggested that additional approval should be required for any request for an ancillary commercial use exceeding 10% of the area. Member Ferguson left the meeting at 4:15 pm. Mr. Smith indicated that he will report back to the Committee regarding a landscaping requirement of 30% of the net site, with scenarios based on one-, two- and three-story buildings. III. RECONSIDERATION OF R1 ZONE STANDARDS Mr. Smith reported that the Committee previously discussed R1 zone standards and recommended a proposed ordinance to the Planning Commission; however the Planning Commission has referred the proposed ordinance back to the Committee because some of the language is directive rather than prescriptive, i.e., use of the words "encourage" and "discourage"; so staff has developed alternative language in that regard. 3 ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 1, 1997' MINUTES Member Foxx referenced Page 2 of the staff report dated September 16, 1997, regarding Section 25.160.080.A, and stated that the problem could be solved by requiring approval of the Architectural Review Commission for gable roofed dwelling located adjacent to each other at the minimum five-foot setback, with which the other Members concurred. Regarding 25.160.080.G, which states, "Dwelling units should be designed to encourage adequate shading of major glass areas on the east and west exposures," Mr. Smith recommended that the word "should" be changed to "shall," to which Member Foxx responded that State law already requires that new residential developments be energy efficient, and suggested that Section G be deleted in its entirety, with which Member Bartlett agreed. Member Urrutia noted that there are ways to get around the State requirements, but as an architectural issue in the desert, architects try to mitigate east and west exposures. Member Foxx expressed opposition to the City requiring shading or overhangs which exceed State requirements, especially in view of the expense associated with something like a patio cover, with which Member Bartlett concurred. Member Urrutia clarified that the intent of the proposed language change in Section G was to encourage adequate shading, but if it cannot be encouraged, he does not believe that it should be required by the City, with which Councilmember Benson agreed. The consensus of the Committee was to delete Section G. Mr. Smith referenced Section 25.16.100 pertaining to the screening of roof-mounted equipment, and suggested that screening also be required for roof-mounted evaporative coolers, with which the Committee agreed. Member Foxx suggested that solar panels also be screened, to which Mr. Smith replied that it would not be possible to require screening, but the City could require that the panels be integrated. Regarding Section 25.16.100.13,which reads, "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, Mr. Smith recommended that the words "placed in an enclosed structure" be deleted and that words be added to the end of the sentence to state, "or be located behind a screen wall of sufficient height to obscure said pool equipment from public view." The Committee expressed support for the recommended change. 4 ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 1, 1997 MINUTES Mr. Smith reported that Section 25.16.100.0 currently states, "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," and suggested deleting the words "and shall not be located within any utility easement, public or private." Member Foxx stated that the utility companies would have a problem with the equipment being located within their easement; so the Committee agreed to make no change to Section C. Mr. Smith reported that Section 25.16.100.D currently reads, "Swimming pool equipment shall not be located within a required side yard setback unless it is located within a sound mitigation enclosure," and recommended that the words "unless it is located within a sound mitigation enclosure" be replaced with the words "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." The Committee expressed support for the recommendation. Mr. Smith pointed out that if Section D is changed, then Section E can be deleted, with which the Committee agreed. Mr. Smith reported that the problem with pool equipment and air conditioning equipment located in side yards is that it creates noise for the neighbors, and the City's consultant, Mr. Bricken is working on some standards, keeping in mind that the City limits noise at the property line to 55 db during the day and 45 db at night. Member Foxx commented that some existing units probably exceed those limits, and suggested that the consultant also recommend some regulations for new compressors being installed in existing residences. The Committee scheduled their next meeting for Thursday, October 16, 1997 at 3:00 p.m. in the Community Services Conference Room. The Committee adjourned at 4:55 p.m. STEVE SMITH PLANNING MANAGER /kc 5 . F Chapter 25.36 POI PLANNED OFFICE/INDUSTRIAL DISTRICT Sections: 25.36.010 Purpose. 25.36.020 Uses permitted by approved precise plan. 25.36.030 Prefiling procedure. 25.36.050 Rezoning and precise plan requirements. 25.36.080 Architectural review of project. 25.36.100 Development standards applicable. 25.36.110 Off-street parking and loading. 25.36.120 Utilities. 25.36.130 Signs. 25.36.140 Outside storage. 25.36.150 Screening. 25.36.160 Trash handling. 25.36.170 Site plan review. 25.36.180 Special standards. 25.36.190 Minimum area. 25.36.200 Perimeter setback and yards. 25.36.210 Building height. 25.36.230 Architectural feature setback exceptions. 25.36.240 Building height. 25.36.250 Required landscaping. 25.36.270 Exceptions. 25.36.290 Building setbacks from the planned street line. 25.36.300 Modifications. 25.16.010 Purpose. It is the purpose of the POI district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of professional office, research, and community facility uses, both public and private. The POI district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PO1 district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurances that the completed project will contain the character envisioned at the time of approval. 25.16.020 Uses permitted by approved precise plan. A. The following uses are permitted in a POI district: f Chapter 25.36 1 . General offices; 2. Medical offices and clinics; 3. Laboratories (medical and dental); 4. Community facility; 5. Art studio; 6. Art galleries; 7. Financial institution not including a bank or savings and loan; 8. Churches; 9. Research facilities. B. The following uses are permitted in a P01 district subject to approval of a conditional use permit: 1 . Professional schools; 2. Business schools; 3. Ancillary commercial uses; 4. Community facilities. 25.16.030 Prefiling procedure. Prior to the submittal of the complete official application, an applicant must prefile a preliminary draft of the required documents and sketch plans for the project with the Director of Community Development for review. It shall be the responsibility of the Director of Community Development to contact interested department and agency personnel regarding necessary meetings with the applicant. After review, the Director of Community Development shall furnish the applicant with written comments regarding the project, including appropriate recommendations to inform and assist the applicant prior to preparing the final components of the application. 25.16.040 Filing procedure. To initiate the review process, the applicant shall file a petition for a change of zone to a P01 district along with a precise plan and supporting documentation as required in Section 25.36.100 with the Planning Commission through the Department of Community Development. The Planning Commission shall hold a public hearing to consider the petition for a change to a P01 district and the accompanying precise plan. The change of zone and accompanying precise plan shall be subject to approval by ordinance and resolution respectively by the City Council. 25.16.050 Rezoning and precise plan requirements. A. The Planning Commission may initiate at its discretion the rezoning of properties, according to the provisions of Chapter 25.84. In cases of city initiated rezoning, the change 2 Chapter 25.36 of zone petition may be processed alone; an approved precise plan as set forth in Chapter 25.73 shall be required prior to any development. B. Rezoning initiated by any person or agency, other than the city, must be accompanied by a precise plan as part of the change of zone application. C. Sites to be rezoned to POI shall front on at least one arterial street as delineated in the Circulation Element of the General Plan. 25.36.080 Architectural review of project. Within one year following the final approval of the precise plan, the applicant shall file for the architectural review of the project by filing the information required in Section 25.70.030. The Architectural Review Commission, in addition to its normal finding, shall deem the precise plan construction plans in substantial compliance with the precise plan, provided modification by the applicant does not involve a change of one or more of the following: A. Violate any provision of the Zoning Ordinance; B. Vary the required lot area by more than 10 percent; C. Involve a reduction of more than ten percent of the area reserved for the common open space and/or usable open space; D. Increase or decrease the floor areas proposed by more than ten percent; E. Increase the total ground area covered by buildings by more than 5 percent. If it is determined that the plans are not in substantial compliance, a new precise plan shall be processed through the city. 25.36.100 Development standards applicable. All areas on the precise plan shall be subject to the following: The standards for development of POI districts set forth in this chapter and any supplemental standards for the project designated in the precise plan. In addition, the following development standards of Sections 25.36.110 through 25.36.280 shall apply. 25.36.110 Off-street parking and loading. All parking and loading shall comply with the provisions of Chapter 25.58. 25.36.120 Utilities. For provisions regarding utilities, see Section 25.56.090. 25.36.130 Signs. All signs shall be in compliance with Chapter 25.68. 3 Chapter 25.36 25.36.140 Outside storage. No outside storage shall be permitted in the POI zone. 25.36.150 Screening. All screening requirements for developments within the P01 district shall be determined by the Architectural Review Commission during its site review proceedings. 25.36.160 Trash handling. Trash handling facilities shall be provided for all developments within the P01 district. The trash area shall be completely enclosed by walls or buildings. A freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure. 25.36.170 Site plan review. A site plan review as prescribed in Chapter 25.70 shall be required before a building permit is issued for any development in the P01 district. 25.36.180 Special standards. In addition to requiring all development plans to comply to the following special standards, the City Council and/or Planning Commission may impose such other conditions to the precise plan as it deems necessary or desirable in carrying out the general purpose and intent of this chapter. 25.36.190 Minimum area. The minimum project area shall be two acres. 25.36.200 Perimeter setback and yards. The minimum project perimeter setback shall be thirty-two feet from the ultimate right-of- way line on an arterial street and twenty feet from other streets. Interior side yards and rear yards shall be a minimum of ten feet. 25.36.210 Building site coverage. The maximum project building site coverage shall be 30 percent of the net area of the site. 25.36.230 Architectural feature setback exceptions. A. Roof overhangs may project six feet into a thirty-foot or greater setback and three feet into any setback less than thirty feet. B. Steps and open and unenclosed staircases may project into the setback area. 4 Chapter 25.36 25.36.240 Building height. The maximum building height shall be thirty feet and two stories. 25.36.250 Required landscaping. A minimum of 1/3 lone third) of the net site area shall be landscaped. 25.36.270 Exceptions. The standards listed in Sections 25.36.190 through 25.36.240 shall be required unless modified by the precise plan. 25.36.290 Building setbacks from the planned street line. The minimum setback for all developments within the P01 district shall be designated distances from the ultimate right-of-way line of the streets specified in this section unless otherwise provided in this section or in the approved precise plan or conditional use permit: A. Freeway, fifty feet; B. Major, thirty-two feet; C. Arterial, thirty-two feet; D. Collector, twenty feet; E. Local, twenty feet. 25.36.300 Modifications. The Planning Commission and/or City Council may approve a precise plan only after finding that the requirements of this title and other ordinances affecting the property have been satisfied. In granting such approval, the City Council may impose and enforce such specific conditions as to site development, phasing and building construction, maintenance and operation as it deems necessary to carry out the purposes of this title and the general plan. A. All development within the POI district shall comply with the development plan as approved and adopted by the City Council. 5 AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, OCTOBER 1 , 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M IL M M M M M M M M M M M M M M M M M M M M M M I. CONTINUE REVIEW OF SIGN ORDINANCE II. RECONSIDERATION OF R1 ZONE STANDARDS III. RECONSIDERATION OF PLANNED OFFICE/INDUSTRIAL ZONE STANDARDS SS/tm L City ®f Parrs Desert 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 September 23, 1997 Mrs. Sonia Campbell El Paseo Business Association c/o Spectacular Shades 73-910 El Paseo Palm Desert, CA 92260 Dear Mrs. Campbell: The Zoning Ordinance Review Committee in the upcoming weeks will be reviewing the Sign Ordinance. The committee would be very interested in any comments that the El Paseo Business Association might wish to contribute. Specifically, the committee asked the El Paseo Business Association for comments on awnings (i.e., Should the city permit more marquee type awnings which extend out to the curb? Should the city permit larger lettering? Should the city restrict colors?) and any other issues which you feel should be addressed at this time. Thank you for your cooperation. Sincerely, Je�K STEPHEN R. SMITH PLANNING MANAGER Am Ina Paper AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, SEPTEMBER 17, 1997 73-510 FRED WARING DRIVE COMMUNITY SERVICES CONFERENCE ROOM I. CONTINUE REVIEW OF SIGN ORDINANCE MINUTES ZONING ORDINANCE REVIEW COMMITTEE SEPTEMBER 3, 1997 Present: Jean Benson, Tim Bartlett, Jim Ferguson, Jim Fox, Bob Leo, Steve Smith Also Present: Dan McCalla of Emerald Desert R.V. Resort The committee reviewed the final draft of the Home Based Business Ordinance and endorsed it. Mr. Smith advised that the ordinance would be before the Planning Commission on September 16, 1997. The committee revisited the Cal Trans Logo Signa Program. Mr. Smith advised that previously the committee and City Council had indicated that the city would encourage businesses in the Freeway Commercial Overlay Zone district to participate in the Cal Trans Logo Program. The Cal Trans program allows participation by businesses beyond the F.C.O.Z. district. If the business is not visible from the off-ramp then Cal Trans requires that"trail blazer"signs be installed by the local municipality before it will install the logo signs on the freeway. Mr. McCalla of Emerald Desert R.V. Resort was present and advised that his application with Cal Trans can not be processed further without the city proceeding with the"trailblazer"sign. The logo on the I-10 freeway should help direct customers to the R.V.park particularly in the shoulder season. Mr. McCalla indicated that even a temporary"trail blazer" signs would be helpful. The committee discussed this matter at length and decided to refer the entire matter to the City Council without a recommendation as it is a policy issue. The committee next discussed its future review of the sign ordinance. Some issues to be discussed would be: 1) Sign size; 2) Letter size on awnings; 3) Maximum number of colors; 4) Size and number of free standing signs. The committee urged Mr. Leo to advise chamber members to forward comments on the sign ordinance to the committee. Mr. Smith indicated that he had some business owners who he would invite to the next meeting. It was decided that the next meeting will be Wednesday, September 17, 1997 at 3:00 p.m. Meeting adjourned at 4:45 p.m. . Z'L�— ST VE SMITH PLANNING MANAGER SS/db MINUTES ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, SEPTEMBER 17, 1997 I. CALL TO ORDER The meeting was called to order at 3:00 p.m. Present: Jim Foxx, Jim Ferguson, Frank Goodman, Tim Bartlett, Bob Leo, Frank Urrutia, and Steve Smith II. DISCUSSION Mr. Rick Bush of Las Vegas Golf and Tennis was present to discuss signage needs for his business which fronts on Country Club Drive. He requested the ability to have a visible sign on Cook Street to take advantage of the increased traffic volume on that street. He suggested that additional freestanding signs be permitted or larger freestanding signs to permit more tenants names on the freestanding signs. Member Foxx suggested looking at additional wall signage to allow exchange of signage (i.e., put Las Vegas Golf sign on east wall of All Pro Pizza and vice versa). Member Leo suggested the need to create sign districts and have separate standards for shopping centers. A request for input on this sign ordinance review should be sent to the El Paseo Business Association. The committee reviewed the canopy awning proposal by Countess Mara at 73-375 El Paseo which was referred by city council. The committee reviewed at length the proposed awning discussing separation requirements between canopy awnings which extend out to the street, blockage of adjacent businesses, concerns of pedestrians walking into support poles. It was moved by Member Foxx, seconded by Member Ferguson to recommend to the city council approval of this awning request without prejudice and that the awning be referred back to the ARC for further design consideration. Motion failed on a 3-3 vote (Members Goodman, Bartlett and Urrutia voted nay). There was considerable discussion of the philosophy of signage. It was moved by Member Ferguson, seconded by Member Goodman to recommend to city council denial of this awning request without prejudice pending the committee's development of standards for awnings as a whole. Motion passed on a 5-1 (Member Foxx voted no). ^s MINUTES ZONING ORDINANCE REVIEW COMMITTEE SEPTEMBER 17, 1997 The committee requested that the awning issue be referred to the El Paseo Business Association for input. Member Ferguson reminded that a few meetings back the committee had considered a new ordinance section which would have permitted limited commercial uses in major office park projects. The issue was rejected at that time. Upon further reflection he felt that the issue should be brought back to committee. Mr. Smith said it would be scheduled in the near future. Mr. Smith advised that the Planning Commission had referred the R1 zone standards back to committee to address the "directive" language in several sections. This item will be placed on the next agenda as will the reconsideration of Planned Office/Industrial District and sign ordinance review. Committee decided to meet October 1 , 1997 at 3:00 p.m. III. ADJOURNMENT The meeting adjourned at 4:40 p.m. SS/tm 2 • AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, SEPTEMBER 3, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. PRESENTATION BY MR. McCALLA OF EMERALD DESERT GOLF AND RV RESORT REGARDING TRAIL BLAZE SIGN PROGRAM II. REVIEW OF DRAFT HOME BASED BUSINESS ORDINANCE III. REVIEW OF SIGN ORDINANCE SS/tm MINUTES ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, AUGUST 20, 1997 I. CALL TO ORDER The meeting was called to order at 3:00 p.m. Present: Jean Benson, Jim Ferguson, Frank Goodman, Tim Bartlett, Bob Leo, Steve Smith 11. DISCUSSION Mr. Smith indicated that he had three items to discuss with the committee that were not on the circulated agenda. A letter from Mr. McCalla of Emerald Desert Golf and RV Resort was distributed. The committee discussed the need for "trail blaze" signage which would complement the Caltrans logo sign program. Committee discussed if we could just use international symbols or whether we need to use actual business names. Staff will confirm that business names must be on the "trail blaze" signs. The committee also questioned if the City could charge for location of these "trail blaze" signs (i.e., installation charge and ongoing maintenance charge). The City Attorney will be asked to comment on this. If we proceed with this "trail blaze" program it should only be for businesses within a certain distance of the interchange and only serve Palm Desert businesses. The committee felt that these signs should be well thought out, well designed and properly located. Committee felt the signs should be illuminated and solar powered. Committee decided to refer this "trail blaze" sign program to a "sub- committee" to arrive at criteria for the program and inclusion thereon. Mr. Smith advised committee that a presentation was made to the City for two new hotels (Marriott Courtyard and Residence Inn) on property at the southwest corner of Cook Street and Frank Sinatra Drive. While the Residence Inn has suites up to 600 square feet, the Courtyard has rooms as little as 310 square feet. The city standard for hotel rooms is minimum 375 square feet. This minimum room size was required to assure quality hotel projects. MINUTES ZONING ORDINANCE REVIEW COMMITTEE AUGUST 20, 1997 Committee felt that these hotels would be of the quality the City was interested in attracting. It was suggested that staff should average the room sizes in both these projects to meet the standard. Mr. Smith distributed a letter from Mike Homme regarding the property at the northeast corner of Portola and Country Club and the current Planned Industrial (P.I.) Zone standards. Mr. Homme wants to develop an office complex with ancillary commercial uses. Staff suggested that the city retitle the PI zone to Planned Office/Industrial (P.0.1.) which would permit the type of development proposed by Mr. Homme if the site were then rezoned to POI. The committee agreed that the PI zoning could be appropriate for an office park development greater than five acres but felt it was not appropriate for the property in question. The committee had serious concerns with the extent and type of commercial activity contemplated by Mr. Homme at this location. The committee next discussed the Home Occupation ordinance revisions. Committee requested that the ordinance be retitled "Home Based Business Ordinance" and all reference to "Home Occupation" be changed to "Home Based Business". Section 25.66.030 D. be changed to "or other exterior evidence of business activity" at the end of the first sentence. At Section 25.66.050 we will use the Beverly Hills version but change instructional services to permit music lessons, dance lessons, sports training, etc. Committee requested that this section be prefaced with "the intent is to permit a wide range of Home Based Businesses which do not negatively impact on the residential area". The committee discussed at length the "prohibited uses" Section 25.66.080 as shown in the attached draft ordinance dated August 20, 1997. Committee directed staff to return with the updated draft of this ordinance and agreed to meet next on September 3, 1997 at 3:00 p.m. III. ADJOURNMENT The meeting adjourned at 4:40 p.m. SS/tm 2 DEFINITION CHANGE PART 1 : Amend Section 25.04.370 to read: 25.04.370 Home Based Business. "Home based business" means an occupation conducted as an accessory use within a dwelling unit. PART 2 Chapter 25.66 HOME BASED BUSINESS Sections: 25.66.010 Purpose. 25.66.020 Permits required. 25.66.030 Use and development standards. 25.66.040 Restrictions in multiple family residential areas. 25.66.050 Permitted uses. 25.66.060 Permit nontransferable. 25.66.070 Term and renewal of permits. 25.66.080 Prohibited uses. 25.66.090 Revocation or suspension of permit. 25.66.100 Appeals. 25.66.110 Permit fees. 25.66.010 Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. A. Permit Re uired. Establishment and operation of a home based business shall require approval of a home based business permit processed by the Director of Community Development in accordance with Chapter 25.66. Information shall be provided to ensure that the proposed home based business complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. CHAPTER 25.66 Continued B. Particioants. The permittee shall be the operator of the home based business and shall be a resident of the dwelling in which the home based business is located. Only residents of the subject residential dwelling may operate, engage in, or conduct the home based business, except that not more than two (2) persons who are not residents of the subject dwelling may also participate in the operation or conduct of the subject home based business. 25.66.030 Use and development standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home based businesses in the R-1 and Planned Residential (P.R.) zone districts. A. The establishment and conduct of a home based business shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. B. A home based business shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home based business shall not occupy more than 25 percent of the combined floor area of the house and garage. C. The home based business shall not encroach into any required parking, setback, or open space areas. D. There shall be no signs, displays, outdoor storage, parked vehicles (Municipal Code Section 10.98), or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. E. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. F. There shall be no signs other than the address and name of the resident. G. The home based business shall not involve the use of commercial vehicles manufacturer's gross vehicle weight rating of ten thousand pounds or more (see Municipal Code Section 10.98) for delivery of materials to or from the premises. H. The home based business shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. I. If the home based business is to be conducted on rental property (single family dwelling), the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Based Business Permit. J. No tool or instrument used in connection with a home based business shall possess a power rating of greater than three (3) horsepower. No equipment shall 2 CHAPTER 25.66 Continued be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home based business. No equipment or activity shall be maintained on the residential site which would result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law. 25.66.040 Restrictions in multiple-family residential areas. A. Only residents of the subject dwelling unit may operate, engage in, or conduct the home based business. No other person shall be involved in the operation or conduct of the home based business. 25.66.050 Permissible home based businesses. A. The intent is to permit a wide range of home based businesses which do not negatively impact on the residential area. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home based business may be conducted at the site: 1 . Professional Office Occupation. Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. Instructional Services Occupation. Instructional services occupation is an occupation whose principal purpose is to provide cognitive instruction or training, including but not limited to, academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. 3. Home Craft Occupations. Home craft occupation is an occupation that results in a tangible product, including, but not limited to, dress making, furniture making, toy making, and doll making. Home craft occupations also include artistic products such as sculpting, painting, and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. 3 CHAPTER 25.66 Continued 25.66.060 Permit nontransferable. No permit issued for a home based business shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home based business for which the permit was issued. 25.66.070 Term and renewal of permits. A. All use permits for home based businesses shall continue in existence and shall be automatically renewed on a year-to-year basis unless the Director of Community Development denies renewal in accordance with the provisions of this chapter. B. If applicant agrees the Director of Community Development may issue a home based business permit for less than one year. C. If during the year the Director of Community Development finds that the home based business has become a nuisance to surrounding property owners, the Director of Community Development may revoke said permit. 25.66.080 Prohibited uses. A. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home based businesses and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home based business: 1 . Auto repair and auto body repair; 2. Barber and beauty shops; 3. Bicycle repair; 4. Carpentry work; 5. On-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site; 6. Laundering service; 7. Medical and dental offices; 8. Painting of vehicles, trailers or boats; 9. Photo studios; 10. Private schools with organized classes; 11 . Upholstering; 12. Storage of equipment, materials, and other accessories to the construction and service trades; and 13. Welding and machining. 4 CHAPTER 25.66 Continued B. Other uses as determined by the Director of Community Development may be prohibited if deemed unacceptable in that they will substantially impair the use and value of a residential neighborhood or which do not comply with the provisions of Section 25.66.030 Use and Development Standards. 25.66.090 Revocation. A Home Based Business Permit may be revoked or modified by the Director if any one of the following findings can be made: A. That the use has become detrimental to the public health, safety, or traffic, or constitutes a nuisance. B. That the permit was obtained by misrepresentation or fraud. C. That the use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months. D. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this Chapter. E. That one (1) or more of the conditions of the Home Based Business Permit have not been met. F. That the use is in violation of any statute, ordinance, law, or regulation. 25.66.100 Appeals. The decision of the Director of Community Development may be appealed to the City Council in the manner prescribed in Sections 25.86.020 and 25.86.030 of this title. 25.66.110 Permit fees. Upon application and renewal of a home based business use permit, the Director of Community Development shall collect a fee for the permit as determined by resolution of the City Council. 5 AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, AUGUST 20, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) CONTINUE REVIEW AND DISCUSSION OF HOME OCCUPATION ORDINANCE III. ADJOURNMENT SS/db MINUTES ZONING ORDINANCE REVIEW COMMITTEE FRIDAY, JUNE 20, 1997 I. CALL TO ORDER: The meeting was called to order at 3:00 p.m. Present: Jean Benson, Frank Goodman, Tim Bartlett, Bob Leo, Steve Smith II. DISCUSSION: The committee discussed at length the form of the new Home Occupation ordinance. The committee covered up to Page 9 of the hand out packet. Suggested form of the new ordinance is as shown on the attached. This includes up to Section 25.66.050 inclusive. III. ADJOURNMENT: The meeting was adjourned at 4:40 p.m. STEVE SMITH PLANNING MANAGER SS/db DEFINITION CHANGE PART 1 : Amend Section 25.04.370 Definition of Home Occupation from: 25.04.370 Home occupation. "Home occupation" means an occupation conducted as an accessory use within a dwelling unit. PART 2 Chapter 25.66 HOME OCCUPATIONS/HOME BASED BUSINESSES Sections: 25.66.010 Purpose. 25.66.020 Permits required. 25.66.030 Use and development standards. 25.66.040 Restrictions in multiple family residential areas. 25.66.050 Permitted uses. 25.66.060 Permit nontransferable. 25.66.070 Term and renewal of permits. 25.66.080 Prohibited uses. 25.66.090 Revocation or suspension of permit. 25.66.100 Appeals. 25.66.110 Permit fees. 25.66.010 Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. A. Permit Reauired. Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the Director of Community Development in accordance with Chapter 25.66. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. B. Particioants. The permittee shall be the operator of the home occupation and shall be a resident of the dwelling in which the home occupation is located. Only residents of the subject residential dwelling may operate, engage in, or conduct the home occupation, except that not more than two (2) persons who are not residents of the subject dwelling may also participate in the operation or conduct of the subject home occupation. 25.66.030 Use and development standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations in the R-1 and Planned Residential (P.R.) zone districts. A. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. B. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. C. The home occupation shall not encroach into any required parking, setback, or open space areas. D. There shall be no signs, outdoor storage, parked vehicles (Section 10.98), or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. E. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. F. No use shall create or cause noise, dust, vibration, odor, smoke, light, glare, or electrical interference or other hazards or nuisances. F. The home occupation shall not alter the appearance of the dwelling unit. F. There shall be no displays or advertising signs on the premises. F. There shall be no signs other than the address and name of the resident. H. The home occupation shall not involve the use of commercial vehicles (see Section 10.98) for delivery of materials to or from the premises. I. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. J. If the home occupation is to be conducted on rental property (single family dwelling), the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a Home Occupation Permit. K. No tool or instrument used in connection with a home occupation shall possess a power rating of greater than three (3) horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home occupation. No equipment shall be maintained on the residential site which would result in a change in the fire-safety class of a residential structure or which otherwise violates any law. 25.66.040 Restrictions in multiple-family residential areas. A. Only residents of the subject dwelling unit may operate, engage in, or conduct the home occupation. No other person shall be involved in the operation or conduct of the home occupation. 25.66.050 Permitted uses. A. Sales and service type business contact (home occupation address) with the public such as, but not limited to: 1 . Accountant; 2. Architect, draftsman, etc. 3. Artist; ��vQ- 4. Author; 5. Contracting service; Z0/17 6. Dress designer; 7 7. Engineers; 8. Gardener; 9. Insurance agent; Oevt e 10. Pattern designer, clothing; 11 , Photographer; 12. Pool maintenance; 13. Sale of product or service (mail, telephone, or off premises sales) to public or business firms; 14. Typist. B. Production and assembling of small quantities of items such as: 1 . Drapes; 2. Clothing; 3. Games; 4. Jewelry; 5. Knick-knacks; 6. Macrame; 7. Novelties; 8. Potted plants; 9. Toys OR 25.66.050 Permissible home occupations. A. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, any of the following home occupations may be conducted at the site: 1 . Professional Office Occupation. Professional office occupation is an The professional office represents occupation whose principal product is the mainstay of home occupations. information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. Instructional Services Occupation. Instructional services occupation is an Originally proposed to include piano occupation whose principal purpose is to provide lessons, to the extent that they can be conducted indoors, tennis, cognitive instruction or training, including but not swimming, and other athletic limited to, academic tutoring. Instructional services activities, the Commission expressed shall not include musical instrument lessons, dance lessons, sports training, or other similar physical trgg�gkgFggqivities. aqpcgc* ig performance training. WA9f&Mtutingoarf' W0atJre dfutAlY @@sWfyc iogf m*€ close look at since potentially obtrusive equipment 3. Home Craft Occupations. Home can be involved. Artistic endeavors craft occupation is an occupation that results in a are included too, but only in cases tangible product, including, but not limited to, dress where they become a significant making, furniture making, toy making, and doll I economic activity. making. Home craft occupations also include artistic products such as sculpting, painting, and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. 4. Off-Site Work at Home. B. In the event that an activity is not clearly a permissible home occupation under this Section 25.66.050, such activity shall be deemed to be prohibited occupation. 25.66.060 Permit nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 25.66.070 Term and renewal of permits. A. All use permits for home occupations shall continue in existence and shall be automatically renewed on a year-to-year basis unless the Director of Community Development denies renewal in accordance with the provisions of this chapter. B. If applicant agrees the Director of Community Development may issue a home occupation permit for less than one year. C. If during the year the Director of Community Development finds that the home occupation has become a nuisance to surrounding property owners, the administrator may revoke said permit. 25.66.080 Prohibited uses. A. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations: 1 . Auto repair; 2. Barber and beauty shops; 3. Bicycle repair; 4. Carpentry work; 5. Dance instruction; 6. Laundering service; 7. Medical and dental offices; 8. Painting of vehicles, trailers or boats; 9. Photo developing; 10. Photo studios; 11 . Private schools with organized classes; 12. Radio and television repair; 13. Upholstering; 14. Welding. B. Other uses as determined by the Director of Community Development may be prohibited if deemed unacceptable in that they will substantially impair the use and value of a residential neighborhood. OR 25.66.080 Prohibited home occupation uses. The following list represents example uses that are not incidental to or compatible with residential activities, and are prohibited: A. Automotive repair (body or mechanical), upholstery, and painting; B. Barber and beauty shop; C. Carpentry and cabinet making; D. Welding and machining; E. Medical offices, clinics, and laboratories; F. Storage of equipment, materials, and other accessories to the construction and service trades; G. Mini storage; H. Any other use determined by the Director to be not incidental or cimpatible with residential activities. OR 25.66.080 Prohibited home occupations. Notwithstanding any other provisions to the contrary, no person shall engage in, permit, carry While to-3_o2(b) above already states that basically anything that on, or conduct any of the following activities at isn't identified among the three any time in a residential zone, and no Home aforementioned categories above, Occupation Permit shall be granted for any such this section is provided to augment activities: the above provision by clearly A. On-site retail, wholesale, consignment identifying some of the activities sale, or any activity that involves sales or display that are not to be permitted because they are inherently more obtrusive. of equipment, merchandise, or other commodities on the site; B. Repair, service, alteration, assembly, or construction of any motor vehicle as defined in the California Vehicle Code, or any other form of equipment or machinery with the exception of home appliances owned and regularly used by a resident on the site; C. Medical office or the dispensing of any medical or therapeutic service or similar activity. This shall include, but not be limited to, any form of healing arts such as medicine, surgery, psychotherapy, chiropractic, podiatry, optometry, dentistry, acupuncture, oriental medicine, post surgical or health recovery services, and any similar form of treatment or activity; D. Hotel uses or any other transient lodging use, including but not limited to, the operation of bed and breakfast inns, hostels, hotels, or any similar operation; E. Dining, catering, or other such activity involving the preparation and/or service of food and/or beverage; F. All activities regulated under Chapter Activities requiring regulatory 9.48 of Title 9 of the Municipal Code (psychic business permits, such as activities); fortunetelling, massage parlors, etc. G. Activities regulated under Chapter 25.64 Title 25 of the Municipal Code (Permitted Garage sales and other additional Temporary Uses). regulated activities, such as parades and assemblies, bingo, dances, etc. 25.66.090 Revocation or suspension of permit. The Director of Community Development may revoke or suspend any permit for a home occupation if the Director determines that any of the performance and development standards listed in Section 25.66.030 have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or City law, or that the home occupation has changed or is different from that authorized when the permit was issued. OR 25.66.090 Revocation. A Home Occupation Permit may be revoked or modified by the Director if any one of the following findings can be made: A. That the use has become detrimental to the public health, safety, or traffic, or constitutes a nuisance. B. That the permit was obtained by misrepresentation or fraud. C. That the use for which the permit was granted has ceased or was suspended for six (6) or more consecutive calendar months. D. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this Chapter. E. That one (1 ) or more of the conditions of the Home Occupation Permit have not been met. F. That the use is in violation of any statute, ordinance, law, or regulation. 25.66.100 Appeals. The decision of the Director of Community Development may be appealed to the Planning Commission in the manner prescribed in Sections 25.86.020 and 25.86.030 of this title. 25.66.110 Permit fees. Upon application and renewal of a home occupation use permit, the Director of Community Development shall collect a fee for the permit as determined by resolution of the City Council. AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., FRIDAY, JUNE 20, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER IL DISCUSSION ITEMS: A) REVIEW OF HOME OCCUPATION ORDINANCE III. ADJOURNMENT SS/tm MINUTES ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, JUNE 4, 1997 KMiF iFMiF iFMiFK1F#iF 1YMNfF iFKiFK%iF iF iFMiF iF iF if#iFkiF 3F iF iF4iF}AF iF iF iF iF If 1FN%iF if if iF lF 3F iF4iF iE iF lE iF iF it iF iF#iF I. CALL TO ORDER The meeting was called to order at 3:00 p.m. Present: Bob Leo, Jim Foxx, Jean Benson, Sonia Campbell, Steve Smith, Katrina Heinrich, Frank Goodman, Marvin Roos, Frank Urrutia II. DISCUSSION Mr. Smith reviewed his observations from the study session held at Cook Street and 1-10 on Friday, May 30, 1997 when members of the committee viewed various sized logos held on a crane provided by Fairway Outdoor Advertising. In order to be visible from a reasonable distance (i.e., 2000 feet or more from Cook Street) the logos needed to be mounted 90 feet above the surface and needed to be 150 square feet or more per logo. Various members of the committee who attended the session concurred. Mr. Smith discussed at length the details of the Cal Trans logo sign program which the City is going to actively pursue. Drawings of these signs (copy attached) which would be located immediately adjacent to the 1-10 travel lanes between 1 % and 3/4 of a mile on either side of Monterey, Cook and Washington Street. The committee discussed at length whether it should pursue a sign amendment which would permit large signs on private property (i.e., 90 feet tall and up to 900 square feet) or whether the issue should be approached in another manner. The committee felt that it was unlikely that the City Council would approve an ordinance permitting signage large enough and tall enough to be viewed from the freeway. The Cal Trans logo sign program and existing billboards should be the means to get travelers to exit from the freeway. I MINUTES ZONING ORDINANCE REVIEW COMMITTEE JUNE 4, 1997 The committee agreed that business signage in the Freeway Commercial Overlay Zone should be looked at separately from the rest of the city. Freeway oriented businesses in the Freeway Commercial Overlay Zone should be able to have signs that are visible from the off ramps. Travelers should be able to easily make their way from the offramp to the restaurant park. wa oriented sign issue was Mr. Smith advised the committee that the freeway g scheduled at City Council June 12, 1997 and that he would recommend to City Council that the sign provisions contained in the Freeway Commercial Overlay Zone ordinance originally recommended by ZORC be withdrawn. Member Benson suggested that when the matter is before City Council Mr. Smith should bring up the matter of creating a separate sign ordinance for businesses within the Freeway Commercial Overlay Zone (i.e., signage visible from the off ramps) and ask City Council to appoint a second council member to attend ZORC while this issue is discussed. Meeting adjourned at 4:42 p.m. III. ADJOURNMENT SS/tm �04 It of Traof rospo noon SPECIFIC INFORMATION PANEL SIZE ALTERNATES (FREEWAY) (SINGLE EXIT INTERCHANGE - REMOTE RURAL AREAS) 9- R FUEL, FOOD, LODGING AND CAMPING.' 1-1/2' BORDER 1� NEXT RIGHT B- E 10" FUEL CAMPING �8 .�.-� * f 10' See Note 2 11--6- 36" 10" SG42-6 36" 19' 4 48' 48• 10" i6-1/4' i6-1/4" 19" 1-1/2' 908 14'-0' 1-1/2' BORDER 1 —122"" NEXT RIGHT s E FUEL CAMPING 6E• 8'-0' 10' See Note 2 36' SG42-7 II 12' 19' F� 4�— +, Lis-1 4819' 16-1/4' /- 1-1/2' 14'-0" SIGN DETAILS BACKGROUND: BLUE(Non-Reflective) LEGEND: 8'Caps. WHITE (Cutout Aluminum with Reflex Reflectors) BORDER:WHITE(Cutout Aluminum with Reflex Reflectors) NOTES t. These panels may be used where there are a flmited number of services in remote rural areas. 2. The aRemate messages are FUEL,FOOD.LODGING or CAMPING. I stare of califoms Department of TrAmportmon TYPICAL BUSINESS SIGN DETAILS - Page 1 FREEWAY OFF-RAMP Typical LOGO Message 1-12'R 36•Fill, E ]((0 N iEY(ON1 L , i.-18' he--- 48' —+I Typical NAME Message (One-Line) 3/4' BORDER 3'R ww BORDER 13' 1-12' R 4' i 36' 10' 12 4; f 3' I I-� L 18'--+� �s-- 48' i NOTE: Drilling of mounting holes not required. R Ta 1 ` � A O O " O O co N X n NR N [D N m El DN r M C 0 /^Z� LI Zr_Ob[] !I E14b a -1 El [:1 ElEl m o cl; N N a � G) v N In n n c r m Z m m r es El r m r m a 0 S? _ F I o ll m � 3 o D = ElElE u EIE G L N ❑ 4 NN s❑ ❑ „ x ❑ ❑ m T�7 ❑ .w3 ; '. 'MINUTES ZONING ORDINANCE REVIEW COMMITTEE MAY 15, 1997 Committee discussed briefly onsite signage for businesses in the freeway corridor. Should these businesses be limited to existing sign size, height and color limits or should a new code section be created for this area so that they can better cater to out of town people. Bob Leo distributed copies of an article entitled The Not So Great American Road Trio which discusses what people prefer to see and do while driving the interstate system and what services they expect at the off-ramps. It was suggested that members read the article. Committee discussed the R-1 zone changes as distributed by staff. Mr. Smith advised that on page 4 of the draft, Section 25.16.090 had been separated into subsections A and B and that the provisions of 'B' would be in addition to those in 'A'. It was moved by Bob Leo, seconded by Jim Foxx that the committee endorse the R-1 zone district changes. The meeting was adjourned at 4:10 p.m. to a special meeting at 9:00 a.m. May 30, 1997 at the northeast corner of Gerald Ford Drive and Cook Street and that the next regular meeting be at 3:00 p.m. on•Wednesday, June 4, 1997. SS/tm AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., THURSDAY, MAY 15, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) RECONSIDERATION OF DRAFT FOR R-1 ZONE DISTRICT ORDINANCE / B) DISCUSSION OF PREPARATION OF MISSION STATEMENT ON v CITY ENTRY STATEMENT/POSSIBLE ART PROGRAM/FREEWAY VISIBLE SIGNAGE C) RECONSIDERATION OF SIGNAGE IN THE FREEWAY COMMERCIAL OVERLAY ZONE III. ADJOURNMENT SS/tm MINUTES ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, APRIL 30, 1997 KKKKf KKKKKKKff KKKKKKKKKffff KKKKKKKKKKK KKKf ff KKKKMKKKKKKKKKKff KKKKKKK I. CALL TO ORDER The meeting was called to order at 3:00 p.m. Present: Tim Bartlett, Frank Goodman, Bob Leo, Jim Foxx, Jean Benson, Sonia Campbell, Steve Smith, Marvin Roos, Katrina Heinrich, Pudge Roberts, John Nagus II. DISCUSSION: Mr. Smith outlined changes to the R-1 zone district ordinance and the reasons for changes to the language at the bottom of page 3 in Section 25.16.090. Committee concurred. - Mr. Foxx asked if the exceptions permitted later in Section 25.16.090 for irregular shaped lots would be in addition to the exceptions permitted earlier in the same section. Mr. Smith responded that it was intended to be in addition but only if the lot(s) is/are irregular in shape. The committee agreed with this interpretation and suggested that Section 25.16.090 be divided into two sections A and B and that Section "B" state "in addition to the provisions of Section A above . . . " Committee moved onto further discussion with respect to freeway signage. Katrina Heinrich presented a report, copy attached, detailing the importance that freeway oriented businesses place on having adequate, visible signage. Pudge Roberts of Fairway Outdoor Advertising restated the importance of having good visible signage and that he was working on the temporary billboard installation to show to Planning Commission and City Council. The committee discussed the merits of a total entry statement along the freeway which could include public art, signage and art at Cook Street and Gerald Ford should also include a Visitor Information Center. Katrina Heinrich indicated that the property could be made available possibly on the northwest corner. It could be a well done temporary modular building which would become a permanent building when the rest of the site develops. The committee discussed the merits of preparing a white paper or philosophy or mission statement which would conceptually talk about: - unique signage - landscape treatments - gateway entrance statement - visitor center - possible landscape treatment of unused railroad right-of-way - other unique, innovative art treatments to make the Cook Street entry dazzling The committee asked Mr. Smith to prepare a draft of this mission statement for discussion at the next meeting which was scheduled for Thursday, May 15, 1997 at 3:00 p.m. SS/tm 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 occupations, 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; 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. 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. 3 Chapter 25.16 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 guality 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 4 Chapter 25.16 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. 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/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 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 5 Chapter 25.16 otherwise. 25.16.150 Air conditioning equipment. No air conditioning equipment shall be located closer than five (5) feet to any property line. 6 �n l AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, APRIL 30, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) RECONSIDERATION OF FOURTH DRAFT FOR R-1 ZONE DISTRICT ORDINANCE B) RECONSIDERATION OF SIGNAGE IN THE FREEWAY COMMERCIAL OVERLAY ZONE AND REVIEW OF STUDIES FROM PRIVATE SECTOR III. ADJOURNMENT vkj MINUTES ZONING ORDINANCE REVIEW COMMITTEE MARCH 1% 1997 I. CALL TO ORDER: The meeting was called to order at 3:00 p.m. resent: Tim Bartlett, Frank Goodman, Frank Urrutia, Bob Leo, Jim Foxx, Jean Benson, Jim Ferguson, Steve Smith II. DISCUSSION: The committee discussed at length the regulation of home based businesses. In 1995 the City licensed 587 such businesses. The committee discussed whether home occupations (home based businesses) should be permitted to have one(1)non-resident employee. The committee also discussed how large these uses should be and whether these uses should only be permitted within the main dwelling. It was the consensus that they could be permitted in a garage but only in the area beyond the two required parking spaces. Also, the committee felt that the size should be limited to 20%of the floor area of the main dwelling(ie: larger dwellings could occupy more space). Staff indicated that it would prepare a draft ordinance. Committee directed that as part of the purpose it should include language to the effect"the intent is to foster and encourage home based businesses, and yet maintain the quiet enjoyment of the residential community." The committee reviewed the final draft of the Rl zone standards. Mr. Foxx suggested that the committee may wish to create special setback requirements for irregular shaped lots. Mr. Ferguson reminded staff that the committee wished the chart of setbacks to be included in the text. Staff will look into each of these issues. The committee will meet next Wednesday,April 16, 1997, at 3:00 p.m. ` AGENDA / ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, APRIL 16, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) REVIEW OF FOURTH DRAFT FOR R-1 ZONE DISTRICT ORDINANCE B) RECONSIDERATION OF SIGNAGE IN THE FREEWAY COMMERCIAL OVERLAY ZONE AND PRESENTATION BY PUDGE ROBERTS OF FAIRWAY OUTDOOR ADVERTISING III. ADJOURNMENT f Chapter 25.16 RI 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 RI 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 RI district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home occupations, 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; F. Private schools and colleges, not including art, business, or trade schools or colleges; Chapter 25.16 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 (RI) 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; 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) 2 i Chapter 25.16 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. 25.16.090 Front, rear and side yard setback exceptions. 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 Oat least 25 for the r�e�maaining 25 feet of its width). s 0 - � Y�r4x r�lN�lzrl(n1 rrfscvl),& s��a 3 Chapter 25.16 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. 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: A. 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 B. 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 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. 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; 4 Chapter 25.16 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/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 line. 5 I - MINUTES ZONING ORDINANCE REVIEW COMMITTEE APRIL 16, 1997 I. CALL TO ORDER: The meeting was called to order at 3:00 p.m. Present: Tim Bartlett, Frank Goodman, Frank Urrutia, Bob Leo, Jim Foxx, Jean Benson, Jim Ferguson, Steve Smith II. DISCUSSION: The committee discussed the changes to the R1 zone standards, specifically the additional provision to allow for reduced setbacks on irregular shaped lots. It was moved by Bob Leo, seconded by Tim Bartlett to endorse the Rl zone standards. Mr. Smith advised the committee that the Freeway Council Overlay Ordinance was before City Council last Thursday and was given first reading with the sign section removed. The sign matter was referred back to this committee to determine if the signage as recommended would in fact be effective. Cal Trans has a business identification logo program which apparently has never been implemented. Mr. Pudge Roberts of Fairway Outdoor Advertising was present and advised that the proposed site signs would be about 350 feet from the closest travel lane. As such,a sign with up to six logos fitting in a 175 square foot frame would not be effective. People would not be able to read them until they past the exit, specially given the speed traffic travels in this section of I-10. Mr. Roberts offered to erect several test signs on the site at the northeast corner of Gerald Ford and Cook Street which could be viewed by committee members - various sized signs with various sized letters and colors could be placed for evaluation. The committee discussed at length various sign issues involved in the F.C.O.Z. as follows: i) If the City wants these businesses to locate in this area, then we want them to be successful. ii) In order to be successful they need the ability to attract traffic from I-10. MINUTES ZONING ORDINANCE REVIEW COMMITTEE APRIL 16, 1997 MEETING iii) Whatever sign program is approved it must be aesthetically appealing. iv) If we do not allow adequate identification, we will see a forest of billboards on the north side of the freeway where they are permitted. Bob Leo summarized that i) the committee needs to decide what it wants the signage provision to accomplish; ii)that we should accept Mr. Roberts offer of test signs of various sizes; iii)that we should get studies from businesses(ie: McDonalds and Fairway)to try and determine what signage is effective. Mr. Urrutia said that given the information he has heard he sees the need for as many as five (5) possible sign locations (some of which would be off site signs). It is possible to pre- notice the Cook and Washington exits. The design of these signs will be critical and should be associated with the art in public places program. Business signage on these signs should be limited to logos only because of their easy recognition factor. The committee requested that the Public Art Manager Mr. Negas be invited to the next ZORC meeting. Mr. Goodman indicated that lighting on these large signs could be a problem and needs to be addressed. Mr. Roberts indicated that he will try to have the test signs available in approximately 4 weeks. The Committee agreed to meet again on April 30, 1997, at 3:00 p.m. They requested that staff have refreshments available. Mr. Smith distributed drafts of the Home Occupation Ordinance and asked the committee to review same for discussion at a future meeting, after the freeway signage has been reconsidered. 2 AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, MARCH 19, 1997 3:00 P.M. - COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) REVIEW OF THIRD DRAFT FOR R-I ZONE DISTRICT ORDINANCE B) REVIEW OF HOME OCCUPATION ORDINANCES FROM: CITY OF SANTA BARBARA CITY OF CARMEL BY THE SEA CITY OF CARLSBAD CITY OF BEVERLY HILLS CITY OF WALNUT CREEK III. ADJOURNMENT SS/db I • e MINUTES ZONING ORDINANCE REVIEW COMMITTEE MARCH 5, 1997 I. CALL TO ORDER: The meeting was called to order at 3:00 p.m. Present: Steve Smith, Phil Drell, Jim Foxx,Bob Leo, Jean Benson, Jim Ferguson, Tim Bartlett II. DISCUSSION: Phil Drell distributed draft copy of revised standards for the Estate Residential Zone district. These standards will apply to the one acre on Mountain View, Delaware and Robin Road east of Warner Trail, some 90 lots. The committee had questions with respect to allowing an employee under a home occupation and several of the provisions relating to horses. Mr. Drell indicated he would look into the issues further and report back. Mr. Smith reviewed the second draft for the R-1 zone district standards. At item 25.16.080 G the committee decided that it should be changed to "dwelling units should be designed to encourage adequate shading". At item 25.16.100, at the end add "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." At item 25.16.120 the title should be "Private Tennis Courts/Sports Courts (Courts)". At item 25.16.130 it should read "All swimming pools shall be subject to the provisions of Ordinance No. 821 as amended". At item 25.16.140 change 5 feet or more in diameter to 40 inches or more. The committee decided that the setback table be inserted into the R-1 text. ! I MINUTES ZONING ORDINANCE REVIEW COMMITTEE MARCH 5, 1997 The committee next discussed the home occupation ordinance. Mr. Smith advised that he had reviewed the file and the ordinance had a typographical error. At Section 25.66.020 B the "not' should be deleted. This would permit home occupations to be conducted in part of a dwelling. The committee discussed at length the explosion in home based businesses. Bob Leo distributed a report he had obtained from an Internet search. It listed more than 200 categories of home based businesses. The committee discussed whether the ordinance should permit home based businesses to have one or more employees. The committee decided it would take this issue up at its next meeting on March 19, 1997 at 3:00 p.m. In the interim staff should obtain ordinances from other upscale cities such as Santa Barbara. Member Foxx requested that the Accessory Building issue be scheduled for discussion in the near future. The meeting was adjourned at 4:50 p.m. STE SMITH PLANNING MANAGER SS/db 2 Chapter 25.16 RI 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 Rl 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 occupations, 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; F. Private schools and colleges, not including art, business, or trade schools or colleges; Chapter 25.16 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(Rl) 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; 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) 2 Chapter 25.16 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 Rl 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. 25.16.090 Front and rear yard setback exceptions. 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 of at least 25 feet for the remaining 25 feet of its width). 3 Chapter 25.16 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. 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 maybe 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. 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/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/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 4 Chapter 25.16 The City of Pahn 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 for1y_(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 line. 5 25.66.010 chaps 25.66 machinery equipment or stock material does not gen- erate, emit or create noise, dust, vibration, odor, HOME OCCUPATIONS smoke,glare,electrical interference,fire hazard or any other hazard or nuisance to any greater or more fre- t grunt extent than normally experienced in an average - Scdtons: residential neighborhood. 25.66.010 Purpose. G. A home occupation shall not create any radio or 25.66.02o Regulations. television interference or create noise audible beyond E 25.66.030 Use permit. the boundaries of the site. 25.66.040 Term and renewal of permits. H. No sale of products or service on the premises 25.66.050 Appeals. except by mail or telephone. E 25.66.060 Permitted uses. L No contactwith the public on the premises except 25.66.070 Prohibited uses. by mail or telephone. 25.66.080 Permit fees. J. Vehicles: 1. It shall be unlawful to park or store any commer- 7.5.66.010 Purpose dal vehicle on property which is zoned for residential This chapter is intended to provide for those uses use.One pickup truck or van of one ton or less shall be customarily conducted entirely within a dwelling and exempted; carried on by its occupants. The use must be clearly 2. "Commercial vehicle"means a vehicle of a type incidental to the use of the dwelling and may not required to be registered under the California Vehicle change the character thereof nor adversely affect the Code as a commercial vehicle and used or maintained . uses permitted in the district of which it is a part.The for the transportation of persons for hire,oompensa- purpose of a home occupation shall be limited to the tion,or profit or designed,used or maintained primer- use of the home for telephone and mailing address By for the transportation of property used in the home L purposes only.(Ord.253(part),1981) occupation. K A home occupation shall not create pedestrian, 25.66.020 Regulations automobile,ortrucktraffic significantly in excess ofthe Home occupations allowed by the provisions of this normal amount of the distrim title shall be granted by the zoning administrator pro- L No delivery to or from the premises by commer- vided the home occupation complies with the following cial vehicles,cars,vans or station wagons of a supplier regulations: or vendor.Delivery of product and pickup of supplies A. There shall be no stock in trade other than prod- or materials shall be made in a noncommercial vehicle, ucts manufactured on the premises. by the proprietor or resident help of the home occupa- B. A home occupation shall not be conducted in a tion. dwelling and shall be clearly incidental to the use of the M. No more than four hundred square feet of the structure as a dwelling. dwelling area,shall be employed for the home occupa- C. A home occupation shall not be conducted in an tion. accessory structure, and there shall be no storage of N. No garage, accessory building or open ground equipment or supplies in an accessory structure or space shall be employed for home occupation or for outside the dwelling. storage of equipment,supplies or products,except the D. There shall be no external alteration of the vehicle, and equipment, supplies or products stored dwelling in which a home occupation is conducted,and within the vehicle,employed by the home occupation. the existence of a home occupation shall not be appar- (Ord.253(part),1981) cot beyond the boundaries of the site. L E. No one other than a resident of the dwelling shall 25 66 030 Use permit be employed in the conduct of a home occupation. F. No mechanical, electrical equipment, or stock A. Application for a home occupation use permit L material shall be used other than that customarily shall be made to the zoning administrator on a form found in the home associated with ahobby or avocation supplied by the city planning commission The zoning not conducted for gain or profit except machinery, administrator shall issue a permit upon determining equipment or stock material which is essential in the that the proposed home occupation meets all the re- conduct of the home occupation,providing that such quirements of this chapter. 437 l l 25.66.030 B. Applicant for home occupations permit shall 13. Sale of product or service (mail, telephone,or provide the zoning administrator with the name and off premises sales)to public or business firms; address of the property owners of adjacent properties 14. Typist; and those across a street or alley from the property in B. Production and assembling of small quantities of which the home occupation will occur. items such as: G The zoning administrator shall notify adjacent 1. Drapes; residents of said application,and determine if there are 2. Clothing; any objections to the issuance of said permit. 3. Games; D. The zoning administrator shall notify adjacent 4. Jewelry, property owners of his decision.(Ord.253(part),1981) 5. Kaick-knacks; _ 6. Macrame; 25.66.040 Term and renewal of permits. 7. Novelties, A All use permits for home occupations shall con- & Potted plants; _ tinue in existence and shall be automatically renewed 9• Toys.(Ord.253 (part),1981) on a year-to-year basis unless the zoning administrator 25.66.070 Prohibited uses. deniesrenewalinaccordancewiththeprovisioacofthis _ chapter. A The following uses by the nature of the imest- B. If applicant agrees the zoning administrator may meat or operation have a pronounced tendency once issue a home occupation permit for less than one year. started to rapidly increase beyond the limits permitted C_ If during the year the zoning administrator finds for home occupations and thereby substantially impair that the home occupation has become a nuisance to the use and value of a residential neighborhood.These surrounding property owners, the administrator may specified uses shall not be permitted as home occupa- revoke said permit(Ord 253(part),1981) tins' 1. Auto repair u ��s. 2. Barber and beauty shops; 3. Bicycle repair, The decision of the zoning administrator may be 4, entry work; appealed to the planning commission in the manner 5. Dance instruction; preset-bed in Sections 25.86.020 and 25.86.030 of this 6. Laundering service; title.(Ord 253(part),1981) 7. Medical and dental offices; & Painting of vehicles,trailers or boats; 25.66.060 Permitted uses. 9. Photo developing; A Sales and service type business with no on-site 10. Photo studios; contact (home occupation address) with the public 11. Private schools with organized classes; such as,but not limited to: 11 Radio and television repair, y Accountant; 13. Upholstering; 2. Architect,draftsman,etc.; 14. Welding. 3 Artist; B. Other uses as determined by the zoning admin- 4. Author, istrator may be prohibited if deemed unacceptable in 5. Contracting service; that they will substantially impair the use and value of 6. Dress designer, a residential neighborhood(Ord 253(part),1981) 7. Engineers; & Gardener, 25.6&080 Permit fees. _ 9. Insurance agent; Upon initial issuance and renewal of a home occu- 10. Pattern designer,clothing; pation use permit,the zoning administrator shall col- 11. Photographer, lea a fee for the permit as determined by resolution of 11 Pool maintenance; the city council.(Ord 253(part),1981) 438 Cni# of �$tttttu Parbarx Pq -31Yr- 7098 '' (1Ix14fnrtti> ! CITY OF SANTA BARBARA ZONING ORDINANCE aR ne_290 HOME OCCUPATION Any use.customarily conducted entirely within the dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof or adversely affect the use or uses permitted in the zone in which the dwelling is located, and in connection with which there shall be no exterior display, no display windows, no stock in trade or commodity stored or sold upon the premises, no persons employed, and no mechanical, electrical or other specialized equipment used except such as is necessary for ordinary housekeeping purposes. Climes, hospitals, barber shops, beauty parlors, tea rooms, tourist courts; rest homes, insurance and real estate offices, dancimg schools, retail stores, commercial manufacturing, animal hospitals, kennels, among others, any business which requires a City permit or license, except licenses issued for revenue purposes only, shall not be deemed home occupations. (ordinances 3710, 1974, 2938, 1963.) 11:111ANDOU NHOMEOCCUMOCI REVISED 1/94 UHKMEL 1.1 I Y HHLL H ax:4Uf -U4-405( Mar 7 'W 8:68 K.U1 Cif . of Carmel-by-the-Sea COMMUNI1Y PLANNING AND BUILDING DEPARTMENT PO$T OFFICE DRAWER G•CARMEL-W-TMESEA,CA 93921 (409)6246M FAX TRANSMISSION cover Sheet Date: 7 To: 1 �MUUanL L Fax Number: l4 From: e,(& � fax: (408) 624-4057 If you have not received all pages, please telephone (408) 624-6835 Total number of pages, including this cover sheet: 5 The original will will not be sent by mail. . CARMEL CITY HALL Fax:408-624-4057 Mar 7 '97 8:58 FX2 17.04.330 -- 17-04 .370 17 .04.330 GrouA Dwellings_. "Group dwellings" means the same r as "bungs ow courts" . (Ord. 159 C.S. l(part) , 19681 prior code 1350.57) . 17,04. 340 Guesthouse: "Guesthouse", means a building without a kitchen or cooking facilities, containing four hundred square feet or less in floor area, designed to be used by members of the family occupying the dwelling to which it is accessory and their guests or servants employed on the premises. A detached garage containing one or more rooms used or adopted for use as human habitation shall be considered a guesthouse. (Ord. 299 C.S. l(part) , 1973: Ord. 159 C.S. 1(part) , 1968: prior code 1350.59) . 17.04. 350 Home Occu ation_ "Home occupation" means the use of not to exceed two rooms in a single-family residence by a person residing therein, as the studio of an artist, writer or musician, or by a teacher of the arts having not to excet o pupils under instruction at any one time. For the purposes Of this Title, "the arts" shall include only the following: Pa and related graphics, music, weavinncceramics, needlecraft, sculpture, writing, photography, g, jewelry, glass and metal crafts. (Ord9680-13' 1, 1980:code Ord 230) . C.S. 1, 1971: Ord. 159 C.S. 1(part) , 17.04.355 _Impermeabilized Surface. ,Impermeabilized surface" means a surface artificia ly constructed so as to prevent or largely inhibit the infiltration of rainwater or runoff into the natural soils or geologic materials that underlie said surface. See also Section 17.24. 180. (Ord. 85-18 6(part) , 1985: Ord. 81-9 2(part) , 1981 : prior code 1350.62) . 17.04.360 In One Ownership. "In one ownership" means all of any premises assessed as a unit or as contiguous units on the last preceding assessment roll and which is owned by bjthe same for person, firm or corporation. (Ord. 159 C.S. 1(p , code 1350. 63) . 17.04.370 Interaccessibility. A. "Interaccessibility" means access to all parts of a single-family dwelling within the dwelling where all access ways from one part of a habitable portion of the dwelling to 'another have permanent weatherproofed walls and do not consist of bathrooms or bedrooms. H. "Interaccessibility - commercial" means the ability to move between structures on the same or an adjacent building site without first rt) r 1979: Ord.to an open 159sCaSe l(part) ,01968B8priorlcode Ord. 79-4 6(part) , 1350.64) . 04-7 Revised: 1 November 1995 CARMEL CITY HALL Fax:408-624-4057 Mar 7 '97 8:39 P.03 17 .24.010 -- 17.24.040 17.24.010 Purpose. To provide an appropriate land area within the City for permanent single-family residential uses and structures and to enhance and maintain the residential character of the City. (Ord. 85-18 3(part) , 1985) . 17.24.020 Land Use Re lat' ns. The land use regulations for the R-1 district are as set forth in Sections 17 .24.030 through 17 .24.080 . (Ord. 85-18 3(part) , 1985) . 17.24.030 Permitted Uses. The following uses are permitted in the R-1 Land Use District on each legal building site: A. Single-family residential use occupying not more than one (1) dwelling unit; B. public parks, playgrounds and recreational facilities; C. Public schools, public libraries and municipal facilities; D. The growing of plants and the raising of animals not otherwise prohibited by law; E. Home Occupations. The use of not more than two (2) rooms in a single-family residence by a person residing therein as the studio of an artist, writer or musician, or by a teacher of the arts having not more than two (2) pupils under instruction at any one time. For the purpose of interpreting this section, the arts shall include only the following: painting and related graphics, music, dance, drama, sculpture, writing, photography, weaving, ceramics, needlecraft, jewelry, glass and metal crafts. (See Section 17.04.350. ) F. Subordinate units as defined in Section 17.04.675 that existed prior to 5 June 1929 . (Ord. 91-14 1, 1991. ) G. Subordinate units as defined in Section 17.04.675 that Deceember11 existed 994pursuant to section 117.24. 130.3.2l 1988 and r l(ordg95-07d1, 6 1995; 91-14 1, 1991. ) R. Subordinate units, approved by the city as afEorA-% housing when meeting all Standards established in Section 17.24.130.B.4. (Ord. 95-07 1, 1995. ) 17 .24.040 Conditional uses. The following uses and site improvements may be allowed upon issuance of a conditional use permit by the Planning Commission in conformance with the provisions of Chapter 17.46 of the Municipal Code: A. Churches and buildings accessory thereto existing prior to December 1, 1980; B. Private kindergartens, nursery schools and daycare centers; 24-2 Revised: 1 .November 1995 CARMEL CITY HALL Fax:408-624-4057 Mar 7 '97 8:39 P.04 17.24.040 -- 17.24.050 C. Motels, providing such uses were in existence prior to and on January 1, 1967, have been issued use permits and have not had such uses terminated for any reason since that date. Legal nonconforming motels located in any territory annexed to the City and having a residential (R-1) zoning designation shall obtain a use permit as provided under Section 17.46.040.M. D. Public or Quasi-Public service uses and organizations at existing sites and all public utility uses. (Ord. 95-07 2, 1995. ) E. Plumbing fixtures and necessary appurtenances including any sink, washbasin, shower or water closet in any single-family dwellres are othering thanran authorizediling when kitchen/dininghroom,ubathroomlorated in laundry room. F. One (1) noncommercial guesthouse when meeting all stand- ards in section 17.24.110 of this Title. (Ord. 95-07 2, 1995. ) G. Off-street parking areas, which existed as of January 1, 1988, and which are part of a conditional use, adjacent to a commercial use, or which provide public parking. The issuance of a conditional use permit shall be in accordance with the findings established in Section 17 .18.240. H. Senior Citizen Housing. Any building site which has been purchased by the City may be developed to provide senior citizen housing. All site development shall be subject to design review in accordance with Chapter 17.40 of this Title of the OMunicipal Code. (Ord. 87-28 1, 1987; Ord. 86-3 1(part) , rd. 85-18 A(part) , 1985) . I. A subordinate unit based on a personal hardship such as a medical condition requiring nursing care or similar circumstances when meeting all requirements of Section 17 .24.130.B.3. (Ord. 95-07 2, 1995; Ord. 91-14 1, 1991. ) 17-24.050 PZOhibiti - All uses not expressly permitted in this Code are expressly prohibited. B. Timesharing projects, programs and occupancies are prohibited. C. Use of residential structures in the R-1 Land Use District under a use or occupancy agreement which divides the right to use the structure on a time interval basis so that no owner or occupancy having a right to use the structure under the use or occupancy agreement can legally register as a voter giving the 24-3 Revised: 1 November 1995 CARMEL CITY HALL Fax:408-624-4057 Mar 7 IQ7 8:39 P.05 17,24.050 structure as the owner's or occupant's voting residence address is illegal unless otherwise provided for in this Code. This subsection shall not apply to persons inheriting the real property where no consideration was paid for the inheritance rights. D. Use of single-family residential property in the R-1 Land Use District for commercial use including, but not limited to, transient commercial use for bed and breakfast, hostel, hotel, inn, lodging, motel, hotel, resort and other transient lodging uses for remuneration, is illegal except as otherwise provided for in this Code. (Ord. 89-17 5, 1989; Ord. 88-24 3, 1988) . E. Subordinate units that have not been authorized by this Chapter, as provided in Section 17.24. 130.H. (Ord. 95-07 2, 1995; Ord. 91-14 1, 1991; Ord. 90-13 1(part) , 1990; Urgency ordinance 89-20 1, 1989; Urgency Ord. Ord. 88-22 1(part) , 1988; Ord. 85-18 3(part) , 1985) . 24-3.A Revised: i November 1995 MAR-06-97 THU 16:41 CITY OF CARLSBAD COMM DE FAX NO, 4380894 F. 01 • Citv of Carlsbad Val VLaW�NLt DATE: March 6, 1997 Number of Pages Being Transmitted TIME SENT: (Including Cover Sheet): f—E TO: Martin Alvarez FROM: Van Lynch COMPANY: DEPT.: PLANNING PHONE#: 346-0611 PHONE: (619)438-1161 ext. 4325 FAX#: 341-7098 FAX: (619) 438-0894 SPECIAL INSTRUCTIONS: Martin_ Please find attached the section on Home occupation. If you have any other questions, please call. Van 2075 Las Palmas Drive d• Carlsbad, Califomia 92009-1576 ❖ (619) 438-1161 MAR-06-97 THU 16:41 CITY OF CARLSBAD COMM DE FAX NO. 438U894 F. 02 21.10.010 Chapter 21.10 than buildings on the lot or lots, and as to those buildings, no closer than forty feet Rd ONE-FANULY RESIDENTIAL (6) A two-family dwelling when the lot upon ZONE which it is located has a sideline abutting a lot or lots zoned R-3.R-T, R-P,C-1, C-2, C-M or M. but Sections: in no case shall the property used for such 21.10.010 Permitted usm two-family dwelling consist of more than one lot 21-10.015 Second dwelling unit by nor be more than ninety feet in width,whichever is administrative pertnit. the least; 21.10.020 Building height (7) Home occupations which are not disruptive 21.10.030 Front yards, to the residential character of the neighborhood and 2LIO.040 Side yards which are subject to the following conditions; 2110-050. Placement of buildings. (A) Home occupations shall be conducted as a 21.10.060 Minimum lot area. secondary use by a resident or residents of the pre- 21.10.070 Lot area per dwelling, raises. 21.10.080 Lot width. (B) No employees shall be employed on the pre- 21.10.090 Lot coverage. mises. 21.10.100 Development standards. (C) All home occupation activities shall be con- ducted entirely within the residential structure, ex- 21.10.010 Permitted uses cept for permitted agricultural or horticultural uses. In an R•1 zone, the following uses only are per- (D) There shall be no external alteration of ap- mitted and as hereinafter specifically provided and peamm of the residential structure which would allowed by this chapter subject to the provisions of reflect the existence of the home occupation, Chapter 21.44 governing off-street parking requite- (E) No storage of materials, goods, equipment, or stack in trade shall be permitted where visible Al) One-family dwellings; from die exterior of the property. No deliveries or ✓(2) Accessory buildings and structures,including pickups by heavy duty commercial vehicles shall be Private garages to accommodate vehicles owned permitted. operated and used by tesidems of the dwelling unit (F) Sale of goods or services shall not be con- and which are compatible with the surrounding ducted on the property,except for agricultural goods neighborhood in which the residence is located; grown on the premises.This provision shall not be (3) Greenhouses less than two thousand square construed to prohibit taking orders for sale where feet in area.Greenhouses greener than two thousand delivery of goods or performance of services does square feet are permitted by approved conditional not occur on the property. use permit only, In either instance.all requirements (G) The home occupation shall not cause any for yard setback and height shall be met; external effect which 1s inconsistent with the resi- (4) Agricultural crops; denial zone or disrupts the neighborhood,including (5) On each lot or combination of adjacent lots but not limited to, noise from equipment, traffic. under one ownership, there may be kept one horse lighting,-offensive odor. or electrical interference. for each ten thousand square feet in the lot or lots; (H) No advertising,signs,or displays of any kind provided however,Mat any such horse may be kept indicating the existence of the home occupation only if it is fenced and stabled so that at no time is shall be permitted on the premises. it able w graze, sway or roam closer than fifty feet (1) The home occupation shall not cause the to any building used for human habitation, other elimination of required off-street parking. 577 (c maw S.") MAR-06-97 THU 16:42 CITY OF CARLSBAD COMM DE FAX NO. 4380894 P. 03 21.10.010 M The home occupation may not utilize an area (vhi) The facility meets all zoning standards other- grcatcr than twenty paten of the combined total wise applicable to other single-family residences: floor area of all on-site sauctures. (B) The owner of the subject property shall make (K) A city business license is required for the written application to the land use planning manag- conduct of a home occupation; er. Such application shall include all materials (8) Packing or sorting steeds of a total floor area deemed necessary by the land use planning manager of six hundred square feet or less. Packing and to show that the requirements of subsection(A)are sorting sheds greater than six hundred square feet met The applicant Shall pay a fee set by city coun- ar> permitted by approved conditional use permit cil resolution only; (C) All property owners within three hundred (9) Mobile homes certified under the National feet of the subject prvpeny.shall be notified in writ- Mobilehome Construction and Safety Standards Act ing of said requested use at lean ten days prior to of 1974(47 U.S.C-Section 5401 et seq.)on a foun- the decision of the land use planning manager. No dation system pwsuam to Section 13551 of the State hearing shall be held unless requested by the appii- Health and Safety Code; cant or an affecaed person.The decision of the land (10) Signs subject to the provisions of Chapter use planning manager may be appealed to the pian- 21.41; ning commission within fifteen calendar days of the (1 I) Small family day care homes providing care written decision of the land use planning manager, for six or fewer children; The appellant shall pay the cost of the appeal. (12) (A) Large family day care homes providing (13) Satellite television amemrae subject to the care for seven to twelve children if a permit for provisions of Section 2I.53.130 of this code. (Ord. Operation is first approved by the land use planning 9804 § 6 (part), 1986; Ord. 9785 § 5, 1986: Ord. manager.The laud use planning manager shall issue 9731 § 2, 1984; Ord. 9686 § 1, 1983; Ord- 9624 § a permit for operation if the manager finds: 2 (part), 1993; Ord. 9559 § I (part), 1980; Ord. (i) Adequate ingress and egress to the property 95M § 7, 1978. Ord. 9455 § 3 (part). 1976, Ord. is or will be provided to ensure the safe dropping 9427 § 6, 1975: Ord. 9239 § 1. 1969: Ord 9224 § off and picking up of children, 2 (part), 1969; Orin. 9170 §. 1; Ord. 9060 § 500) (il) The lot is not located closer than one thou- sand two hundred lineal feet from another large 21.10.015 Second dwelling unit by family day care center on the same street, administrative permit (iii) The lot is situated and de play area designed (a) The public good is served when there exists to minimize any adverse noise Impacts to adjacent in a city,housing which is appropriate for the needs properties. The land use planting manager may. of and affordable to ail members of the public who require noise attenuation measures(e.g.,black wall) reside within that city. Among other needs, there is if he determines that the use could create such im- in Carlsbad a need for affordable rental housing. pacts to adjacent properties. Therefore,it is in the public interest for the city to (iv) Thar de applUxnt has of will obtain all li- promote a range of housing alternatives in order to tenses and permits required by state law for opera- meet the affordable remal housing needs of its citi- tion of the facility.The applicant shall keep all Slate zees. ThIS section is intended to provide a rental licenses or permits valid and current housirig altemadve by establishing a procedure to (v) The facility mats all applicable building cream new second dwelling units. standards and will not have a significant adverse (b) The provisions of this section shall apply to affect on the environment which cannot bemitigated single-family zonesR-A.R-E=R-1, areasdesig- or for which a finding of overriding consideration named by a master plan for single-family detached cannot be made, dwellings in P-C zones and lots within multifamily tewe.°rAs) 579 MAR-06-97 THU 16:43 CITY OF CARLSBAD COMM DE FAX NO, 4380894 P. 04 REGULATION i RegulAung .lthe • 40 TimeSt F°BuSlness �:. More and tttore penpie amweeAft fmm6onte. Balaacitrg dwir needs with . concerns ow de bin tool is a � 4� for local officials. I ' h' here may be no place in Amer- B r R U S S F R E r M A N m the of their own homes:says lea friendlier to home-based �- s '. Paul Ed�s who along with his wife businm dwa Vats Rancho.The .teleoo'mniuting'and'home=based sales ;has-authored monemus books on the sub` ! Tsnbudtarr Chimgo subdivistan and co asulting 'ni'ieality'of tho modern :'jest Other home buanest advocates think j o$ers peo who work out of economy. I mk.Resotitces Corp a New. .cities that tales the restrictive app o h arc j their homes the bes�both wodds:resi- York ba+ad seaicb•and mnsufeng firm ..riuussmg the boat. 'Their ordinances are ! deatial zoning in the front and commer 'astinvtrs that'mue'eftao I3 mlllien poo : outdated and Behind the times,'says i vial mining io the pie cvrrently'opelaie home Based'Iwsi-:t..,Debra Sdtacher, who heads the home " ! Van Rancho ha L5 homes,some of nessses--tip fiedi 95 million m IBM.And:`.Of=and Business Opportunities Associ. . ! which are tho most expensive in the vffbm :the number to grow.- anion,&professional trndc group. Of Lymvood,IDinois.&A van Rancho also Tha growth ismai®gitbarderforlo al i houses anarray'ofbome-huedbusinesses, gomrnmentstD balance two oftarum8ict INDEED. TIGHT ZONING ORDI- .i. iruluding a drapery company,a iabiuct ing goals:e=wmic development and the .names'continue to frame much of the maker and a cazpet cleaning ihm By all p¢eseti.mioo rey9den"neighborhoods: . ;debate surrounding home based bust- 1 accounts,Van Rancho s residential front- While opponents td bori>o-hesed imwress nessps—io some iostanms with stapris- yankand mmmemial lxeckyards aoeast in complain that:they utcrease:traffie and and even ludicrous,results. . . harmony. 'You'd hardly notice it.if you ,&arse some crt+es stnvli'ns'Oak Creels . Take the�of Peggy Witt,a St,Louis drove tbrmcc that sulxlivisicn"says Lyn Wscon Worlanaa s 1HiD Maryland : Courity resident who has taught piano to �y koodVl�egysCledwFeyeJ3erldlerser � and Golorteda-$priags CoIorad0.have, chrldeen'in her home for.nime years-- The eaRanchoe ,bot6nd" bblendhomey`{-�jjekyadofhome,b sinesstbat a , . of beu>g able to smrt.froa§S;At x x,. +� oze he oa£ra1s are wrtA`?a .. g ,,< al eptember when an asgry'ne`rghbor the tss>ey suriwcudmg one a{the se fed rap with Wits l and the try s Browafg business seceors Cfn o_ "` ttt pzodttceri.Wit yr ¢iatxf'a cbtien F pet gso$mers to doctors who plc Iessans < , I fvin a�offroe,i�alen- t ` 7i .t':r r _ hal IIgl�b0'rhoo�s �' �'��nfaY`� � r 'cEfanl7onmpsort�brs lust to a variety of stesAa-fioine- i recent Years, Namevaasmore made new�fol'msho�e i ;. � 1 r r,. t:. •� �kiesn Skre T t[6C YY 1' • i46 a O v E R N IN G September 1995 j;,,p�f.Lvsnnnnw MAR-06-97 THU 16:44 CITY OF CARLSBAD COMM DE FAX KO. 4380894 P, 05 I Wakatbar.e beasewd vow*IS" �tvFmrsraav�roye4 �hna.e aeN.eaphe�;'�pbra�rs-.:-n,;;.x` Maclean, an associate planner for the 35 w; city- "So someone could violate any of 14 these regulations and we w•oulcln't know n 32 about a unless we got a complaint" E is Y .`r:' BEYOND ENFORCEMENT CON- a 6 �; cerns is the question of what kind ofordi- s nance should be on the books in the first x 4 1 *; place. While cities may feel helpless .. .2 ;t ,. against the rising tide of home occupa- tions,bons, they are"having to operate from a i'.. 1989 190 '91 -.'92 -,'OS -994 '95 .�ti96 87 . vacuum oflmowledge,'says Schacher. s8uift unr<aemr,ws ctrw > J..f :, c .., r FIome-business advooAn are lobbying j for inberventian on the state,and even fed- says. "When you take music lessons,you ing the city some control.The ordnance eral,level,in the form ofmodel ordinances j find surneonein the" q g recognize the legitimacy of home eugluborhood." ro s home-business owners W eta that The county eventually sympathized license,but it costs nothing,As in ego; business and regulate a in a uniform way, with Witt,writing into the ondiartnee the employees must reside in the home,but it's the type of preemption legislation that compatibility of music lessons and accede- Colorado Springs allows a home business. .makes many at the local level amp rm uric tutoring with residential life.But the to store materials in the garage,sell items sure that local officials would be a little same neighbor complained to the govern- gown or built in the home,and add a 'skeptical of who's pulling the shahgs,"says ing board of the subdivision in which detached StrucRae,such as an art setdio, Bill McCord city planner for Melbourne Witt lives,resulting m a ceare-andde= That sort of approachseem i � Fkaida. increasingly order that wm continues to fight popular. `It's pretty obvious that we're - Vermont such a statute in 1961, SG Innis Coumy's restrictions on home going to see a IilhaaH7at on of what people. in an attempt to protect home businesses. businesses areal t unique. Many localities are allowed to do frrmr their lhrmnes'says The law states`No regulation may in5mge do not allow patrons or clients to visit the Edwards. If for no other reason he points upon the right of any resident to use a home. Los Angeles maintains what out,than that when municipalities diswur- minor portioA of d%e➢ingfor an oocupa- • amounts to a ban on home businesses. age home occupations, they are missing lion which is customary in residential areas Chicago recently removed its longtime out on potential revenue m licensing&m. and which does not change the character 1 I f ban, substituting heavy regulations: A Which isn't to say that all towns. theme£"But the state plain anotdma- { $125 license is regrrired;no more than 10 'requbing licensing fees are making a lot. tor,Josh Besse,says them.has been much clients can corn to the home in any 24 of money. Schacher notes that there is a recent debate sm atmding the law.He says - hour period;emp�yees must be residgrts broad range of fees—425 to S650—in the statute is a minimum requirement, of the home; there on be no structural Southern California alone,and for some 'meaning localities can be"much more hb- alterations; the home occupation cannot municipalities,the fees occupy more than 10 percent of the floor costs of enfotcement and oversight. yy the eel"but at tones it has been used in the spree;there can be no direct sale or stor- Some cities,such as Chicago do take in clients from to prevent employees and I' of Products;and the gonna to the home. .age Prod types of occupy- suluianttal revenue from the fees.While .A task Faroe,which included state and lions are strictly lumted. the higher fees can discorn-.tge mmplianoc local official as well as small-business C ''{ While many People would think such by hame-busmess owners,Schacherpamts owners,concluded that the 1967 sEaUrEe is P f regulations overly rrstrictive home brrsi- out that licenri<ig can sern thdr iflaeres<s toe vague and suggested an awarded law 1 ness advocates are not necessarily lobby She cites examples of unlicensed borne that allows localities to address such r' f ing to have all restrictions wiped from the .businesses that sustained damage in Calf- issur-s as health and safety, nonresidential books."People think you can do anything forma s recent earthquakes. Because the appearances, traffic, noise, smells and from the home, aclmowledges Rudy businesses did not exist in an official sense, lighting The committee recommended Lewis,president of the National Associa_ the owners was not eligible for govern- that]oral officials not restrict space used I. i tion for Horne-Based Busnress, "so there menteatthquskeass+stan Aandaa fur home business or the use of existing will have to be regulnhmv" bectuse there Still, becoming Rocnsed is something outbuildings. But its members weren't ::< l are things you cannot do from the home." many home-business owners head to shy able to reach consensus on the issues of Lewis points to people who have away fivm�of only because of the cost customer access or whether nonresiden- attempted to manufacture products or involved but also because of the ability to teal employees should be allowed. repair cars iron the home, which few scrutinize that 1ng affords local - That the task tome could not agree on world argue should be allowed m such a ciaLs. And although the move may all of the issues shouldn't be surprising. setting.Dead.Lewis calls for reasonable, toward liberahred wrong laws that reoog- Many of them bave been atmmd since the equitable restactioos ones that mloe into nize legitimacy of home businesses,many earliest attempts to use arming to msoh e rrrcuvnt the fora that-home-based burl- towns and cities are still fmnbling with qualityof-of conflicts;the recent prmlifer- oess ss a vital part of the economy.' the details and logistics of regulation and ation of home business simply raises them Colorado Spring'mnahg ordinance,fur enforcement. In Davis, California, -we anew.-Firming a fair and equitable way to example, allows home-business owners a don t really enforce home occupation regulate them, Sdhacher says,"is still out decent amount of freedom while; still giv- except on a complaint basis," says Erin for debate." !d 48 G O V E R N I N G September 1995 3-06-1997 5:23PM FROt.1 CITY OF B. H. 310 858 5966 P- 1 CITY OF BEVERLY HILLS DEPARTMENT OF PLANNING 8r COMMUNITY DEVELOPMENT FACSIMILE COVER SHEET CITY HALL, 465 N. REXFORD DRIVE, ROOM G-40 BEVERLY HILLS, CA 902104817 TELEPHONE: (310) 285-1123 FAX: (310)-858-5966 PLEASE ENTER THE REQUIRED INFORMATION SENDERS NAME: Larry Sakurai Senior Planner k OF PAGES SUBMITTED: 15 (INCLUDING THIS PAGE) IF RECEIVED ITEMS ARE OF POOR QUALITY OR INCOMPLETE, PLEASE NOTIFY THE SENDER LISTED ABOVE RECIPIENTS NAME: Martin Alvarez PHONE: (619) 346-0611 COMPANY: Palm Desert Planning Department COMPANY FAX N' (619) 341-7098 COMMENTS: Here is a Copy of our draft home =upati ins ordinance. CAUTION: The in- formation contained Currently, our zoning code has no provision allowing business acti&in in this facsimile transmission may be Beverly Hills'residential zones However, legal precedents oofna track fo privileged, confiden- tial, and intended the 1950's make it very diMault to enforce when we do find an obnoxious only for the individ- ual or entity named home occupation _ above. ff the reader of this message is The draft ordinance is somewhat liberal compared to others. Part of that is not the intended re- cipient, or the em- due to the fact that many of the nrooer8es in Beverly Hills are large enough ployee or agent re- sponsible for deliv- to isolate activities in a way that keep them from being a nuisance to neigh- ering the message to the intended recipi- boring orwerties You'll also see a little bit of a concept that came from an ent, you are hereby notified that any dis- issue of Planning Magazine in which rather than treatina home occupabons semination, distribu- tion or reproduction as a single type of use it's broken down into several categories of uses, of this communica- tion, or any part where you can tailor standards to address the specific issuers associated thereof, is strictly prohibited, fF you with a particular type of home occupation Some of the standards in the have received this communication in ordinance couldril be tiandy enforced• rather, they would be somefhin 10 error, please imme- diately notify the ppLnt to in flagrant Cases sender by telephone. 3697 5:15 PM LSFAX.DOC 3-06-1997 S:2dPM FROM CITY OF B. H. 310 SSS S966 P. 2 ORDINANCE NO. 97-0- ORDINANCE OF THE CITY OF BEVERLY HILLS ESTABLISHING REQUIREMENTS FOR THE OPERATION OF CERTAIN BUSINESSES IN RESIDENTIAL ZONES AND AMENDING THE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS: Section 1 . Section 10-3.131 defining "hillside area" is hereby renumerated as Section 10-3.130 of Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code, and Section 10-3. 131 is hereby added to Article 1 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code regarding the definition of "home occupations" to read as follows: "Sec. 10-3.131 . Home occupations. 'Home occupation' shall mean any Home occupations definition. The definition specifically ex- occupation, activity, enterprise, profession, cludes the delivery Of goods and services to residences, trade, or undertaking of any nature conducted or such a plumbers and gardeners. These would be economic as engaged in, in a residential zone, with the tivities conducted in a residen- tial zone, but were not intended object of, or ordinarily with the object of, to be regulated by this ordi- nance. Managing one's own gain, benefit, or advantage, whether direct or personal finances and invest- ments was also not intended to indirect, and whether or not operated for profit be captured and regulated by this ordinance. for the participant or another person. However, 'home occupation' shall not include the delivery of goods or services to a residential site by an entity with a principal place of business outside of any residential zone and which conducts no administrative or processing function within a .residential zone, such as a plumber, gardener, or caterer based 3-06-1997 5:2dPM FROM CITY OF B. H. 310 858 5966 P. 3 in a nonresidential zone. A person shall not be deemed to be engaged in a home occupation solely by reason of receipt of dividend or interest income from passive investments. Section 2. Article is hereby added to of Chapter 3 of Title 10 of the Beverly Hills Municipal Code regarding the operation of home occupations to read as follows: "Article Home Occupations sec. 10-3. O1 . Definitions. For the purposes of this Article _, certain words and phrases used in this Article are defined as follows: (a) 'off-site work at hone' shall mean a professional office activity as described in Section 10-3._02 (a) (1) conducted by a resident in conjunction with that resident' s business or profession that is normally conducted in in a nonresidential zone but which activity is conducted in a resident's dwelling unit as a matter of personal convenience or necessity to the resident. However, such activity shall not include any activity prohibited by Section 10-3 ._03 of this Article _ 'Off-site work at home' shall include telecommuting. The term 'resident"needs to be (b) 'Resident' shall mean a person who defined because it's only the residents of a premises who can inhabits a dwelling unit as a domicile for a operate home occupation (other than one nonresident period of 30 consecutive days or more. participant). 11L 1.t1VCU: .a- u J , i..c • •v ...... aay.. -. ..... ..i ...... .. .. . , n. 3-06-1997 5:24PM FROM ^ITY OF B. H. 310 858 5966 P- a Sec. 10-3 . 02 . Permissible Horne Occupations. (a) As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, and except as provided in Section 10-3._03, any of the following home occupations may be conducted at the site: The professional office repre- (1) Professional office Occupation. sents the mainstay of home oc- I cupations. Professional office occupation is an occupation whose principal product is information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include medical office activity as defined in Section 10-3._03 of this Article. Originally proposed to include (2) Instructional Services piano lessons.to the extent that they can be conducted indoors, Occupation. instructional services occupation tennis,swtmming, and other athletic activities,the is an occupation whose principal purpose is to Commission expressed concern about the potential nuisance provide cognitive instruction or training, from such activities. As such, this category is narrowed to including but not limited to, academic tutoring. I purely academic instruction. Instructional services shall not include musical instrument lessons, dance lessons, sports training, or other similar physical performance training. 1,9xoFo41.00c - 3 3--06-1997 5=2SPM FROM CITY OF 8_ H. 310 8S8 5966 P- S (3) Home Craft Occupations. Home Essentially, small-scale manu- facturing. The nature of this craft occupation is an occupation that results category warrants a close look at specifically permissible ac- in a tangible product, including, but not tiviues since potentially obtru- sive equipment can be in- limited to, dress making, furniture making, toy volved. Artistic endeavors are included too, but only in cases making, and doll making. Home craft occupations where they become a significant economic activity. also include artistic products such as sculpting, painting, and other similar forms of creative works when such works are produced with the object of gain, benefit, or advantage for the participant or another person. The conduct of a home craft occupation does not entitle the owner to sell articles manufactured as a result of the home craft occupation on-site or in a residential zone. Telecommuting would be a (4) Off-Site Work at Home. home occupation (and, as such, subject to the operational re- (b) In the event that an activity is strictions of home occupations, such as signage, noise, etc.), not clearly a permissible home occupation under but it would not require a permit in the some way that the pri- this Section 10-3. 02, such activity shall be mary-site home occupations would. deemed to be prohibited occupation. Sec. 10-3 . 03 . Prohibited Home Occupations. -` While 10-3._02(b) above al- Notwithstanding any other provision to ready states that basically any- thing that Isn't Identified among the contrary, no person shall engage in, permit, the three aforementioned cate- gories above, this section is carry on, or conduct any of the following provided to augment the above provision by clearly identifying activities at any time in a residential zone, some of the activities that are not to be permitted because and no Home occupation Permit shall be granted they are inherently more obtru- sive. for any such activities : (a) on-site retail, wholesale, consignment sale, or any activity that involves sales or display of equipment, merchandise, or other commodities on the site; LSHORDCI.DOC 3-06-1997 5:25PM FROM CITY OF 6- H- 310 858 5966 P. 6 (b) Repair, service, alteration, assembly, or construction of any motor vehicle as defined in the California Vehicle Code, or any other form of equipment or machinery with the exception of home appliances owned and regularly used by a resident on the site; (c) Medical office as defined by Section 10-3.151 of this Chapter or the dispensing of any medical or therapeutic service or similar activity. This shall include, but not be limited to, any form of healing arts such as medicine, surgery, psychotherapy, chiropractic, podiatry, optometry, dentistry, acupuncture, oriental medicine, post surgical or health recovery services, and any similar form of treatment or activity; (d) Hotel uses or any other transient lodging use, including but not limited to, the operation of bed and breakfast inns, hostels, hotels, or any similar operation; (e) Dining, catering, or other such activity involving the preparation and/or service of food and/or beverage; Activities requiring regulatory (f) All activities regulated under business permits, such as pri- vate dubs fortunetellin9, mas- Chapter 2 of Title 4 of the Municipal Code; sage parlors, etc. (g) Activities regulated under Chapter Garage sales and other addi- 3 of Title 4 and under Article 5 of Chapter 4 of tlonal regulated activities,such as parades&assemblies, Title 4 of the Municipal Code except as bingo,dances,etc. authorized by permit under Title 4; LSHOF091.00C 5 _--- -- 3-06-1997 5=26PM FROM CITY OF B. H. 310 858 5966 P. 7 Sec. 10-3. 04 . Home occupation Requirements. All home occupations shall comply at all times with all of the following requirements: The"permit" is issued upon the (a) Permit Required. Except as written acknowledgment ofthe home occupations requirements provided in subsection (a) (1) , no person shall and agreement to comply. transact, engage in, carry on, or permit the operation of any home occupation, in a residential zone without first obtaining a valid and current home occupation permit from the Department of Finance Administration. (1) The following activities shall be exempt from the requirements of this subsection (a) : 7e[ecommuting and rental (i) off-site work at home, housing (a form of business ac- tivity) are excluded from the (ii) Rental or lease of a peand requirements. site for residential occupancy, including the , showing of the site to prospective tenants for lease or hire, or Although excluded from home (2) Nothing in this Article _ occupation permit requirements, the owner of rental housing shall be construed to exempt the rental of must still pay business taxes. residential property from obtaining a Classification E business registration certificate as required by Article 2 of Chapter 1 of Title 3 of this Municipal Code. Home occupation permits would (3) A home occupation permit shall not be transferrable. Renewals would coincide with the dead- be issued by the Department of Finance rines for payment ofbusiness taxes. Administration only when the registration form has been completed in its entirety and signed by the applicant. Home occupation permits shall not be transferable to any other person or place. Home occupation permits shall remain effective LSJiORD43.00C I HtGt 1VeU: J a-ar{ ir.< . aiu wo deuu - u.ii w rr.c. ucoc r .0 3-06-1997 S=26PM FROG' -ITY OF B. H. 310 858 5966 P- 8 and valid only to the first day of' January of the year following issuance. only residents and one nonresi- ermittee shall dent may participate In a home s. The YP P (b) Participant P occupation. Language will be the operator of the home occupation and shall probably be added to distin- guish between employees and be a resident of the dwelling in which the home visitors. occupation is located. only residents of the subject residential dwelling may operate, engage in, or conduct the home occupation, except that one person who is not a resident of the subject dwelling may also participate in the operation or conduct of the subject home occupation. Home occupations are to be (c) Use of the residential site. All secondary to the residential use of the property. The area of home occupations shall be conducted in a manner home occupation activity would be Limited to 400 sq.R. None of which is accessory and incidental to the the home occupation activity may be conducted outdoors. In residential use of a dwelling unit and does not. ocu,nonei f the ae of evity may change the principal character or use of the unit. In some cases, a home occupation may serve as an dwelling. No home occupation shall be conducted administrative offrcefor abusi- ness with many employees in outside of an enclosed structure. No home the field. The provision about congregation is to prevent the occupation shall be conducted in any area of a situation where employees(or for that matter, patrons)con- gregate at the residence on a multiple-family residential structure or site Mularbasis. other than entirely within a dwelling unit. No portion of a residential site outside of an enclosed structure, nor any portion of a public right-of-way shall be utilized as a place of congregation in connection with a home occupation. A home occupation shall be conducted in an aggregate area no larger than four hundred (400) square feet. A tenant can't operate a home (d) Consent of ro ert owner (s) occupation without the owner's knowledge and consent. required. No home occupation shall be conducted LSHOR09I.DOC - 7 3-06-1997 5:27PM FROM "ITY OF B. H. 310 SS8 59GG P. 9 on a site without the prior written consent of the owner of the site. This provision is to minimize the (e) Materials and goods. No potential for using the residence as a place of retail or warehous- merchandise or goods shall be sold or displayed ing, and to prevent the acoumu- lation of hazardous materials or on the site. The aggregate area in the dwelling ordinary materials in a hazard- ous(e.g. fire)manner- that is used for storage of inventory or products of a home occupation shall not exceed fifty (50) square feet, and such storage shall be confined entirely within the area designated for use by the home occupation pursuant to Section 10- 3 ._04 (c) . Materials connected with a home occupation shall not be stored in a manner which would result in a change in the fire- safety class of a residential structure or which would otherwise violate any building or fire code or other law. No residential property shall be used as a place of warehousing, distribution, receipt, or exchange of raw materials or merchandise. This provision essentially limits (f) Equipment. No tool or instrument the use of equipment to house- hold items. This has two func- used in connection with a home occupation shall lions: 1)to limit the obtrusive- ness of the equipment, and 2) possess a power rating of greater than three (3) to limit the scale of the opera- tion. horsepower. No equipment shall be operated in a manner as to cause a nuisance or a hazard to persons or property in the vicinity of the home occupation. No equipment shall be maintained on the residential site which would result in a change in the fire-safety class of a residential structure or which otherwise violates any law. No signs, no displays: nothing (g) Appearance of residential site. No that can make the residence show signs of commercial activ- signs identifying the home occupation shall be ity. placed in a residential zone or in the public - 3—O6-1997 5:27PH FROM ^.ITY OF B. H. 310 858 5966 P. 10 right-of-way. All home occupations shall be conducted in a manner which is not visually apparent from outside the site or the public right-of-way. Only small deliveries are al- (h) Vehicular use. Vehicles associated lowed, only during weekdays between 8:00 a.m. and 6:00 with the home occupation, including vehicles p.m.,and no more than 4 per day. Language will probably be operated by persons employed by a home added the clarifies that the pick- up of materials is included in occupation, shall be lawfully parked on the "deliveries". site, outside of the required front yard. Commercial deliveries other than those by courier services are prohibited. Traffic generated to or from a home occupation, including that associated with courier deliveries, shall be prohibited between the hours of 6:00 p.m. and 8 : 00 a.m. , Monday through Friday, and all day Saturday and Sunday. Deliveries shall not exceed four (4) during any calendar day. Furthermore, no delivery or series of deliveries shall materially or unreasonably disturb any persons quiet enjoyment of his or her property at any time. Patron visits would be limited to (i) Patron and client visits. Clients weekdays between 8:00 a.m. and 6:00 p.m., and no more or patrons of the home occupation shall not than 4 per day. At the last Commission discussion,some visit the subject dwelling unit between the points were raised that perhaps the limit should be lower(e.g.2 hours of 6:00 p.m. and 8 : 00 a.m. , Monday through per day),that a weekly limit might make sense, and that a Friday, and all day Saturday and Sunday. Visits ceiling on number of visitors at any one time might be consid- by patrons or clients shall not exceed four (4) lered. during any calendar day. For purposes of this section, each entrance to a dwelling by a patron or client shall be counted as one visit. Furthermore, no other person shall be materially or unreasonably disturbed in the quiet enjoyment of his or her property at any time. LSHORN1.DOC - 9 - n.o..+.....,,. 3-06-1997 S:27PM FROM CITY OF B. H. 310 SSS 5966 P. 11 (j) No home occupation may be operated General requirement that a home Occupation cannot be a in a manner which materially or unreasonably nuisance. It was suggested at the last Commission discussion disturbs another person as a result of traffic, that"audible music"be added to the criteria listed in this parking, noise, vibration, odor, generation of paragraph. refuse, glare, electronic interference, safety, hazardous waste, visual impact, or any other reason. Because of the tighter residen- (k) Restrictions in multiple-family tial concentration, R-4 has more stringent performance stan- residential areas. In addition to the standards dards. As drafted,the ordi- nance applies the same 400 sq. provided by subsections (a) through (j ) of this ft. overall limit that applies toR- 1;however,at the last Section 10-3 . 04, all home occupations Commission discussion, there was some question as to conducted in a multiple-family residential zone whether 400 sq.ft. might be too liberal for a multi-family dwell- shall comply at all times with the following ling. limitations that are more restrictive than the standards set forth in subsections (a) through (j) : No nonresident participants. (1) Only residents of the subject dwelling unit may operate, engage in, or conduct the home occupation. No other person shall be involved in the operation or conduct of the home occupation. 20 sq.ft.for storage Instead of (2) The aggregate area of the 40 sq. ft. allowed in R-1. dwelling unit used for storage of inventory or product of the subject home occupation shall not exceed twenty (20) square feet of floor area. Fment; er limitation on 4 quip (3) No tool or _nstrument used in 2 hp lnsteaM of 3 h'in R- connection with a home occupation shall possess a power rating of greater than two (2) horsepower. 1SHORD41.DOC - 10 3-06-1997 5:28PM FROM C,ITY OF B. H. 310 858 5966 P. 12 Sec. 10-3. 05. Violations. The operation of a home occupation without a valid and current Home Occupation Permit or conducted in violation of this Article is unlawful. The City retains at all times the rights and remedies it has under law or equity to remedy or prosecute any violation of the requirements of this Article " 3 months for existing home oo- cupations to et their permits. Section 3 . EXISTING HOME OCCUPATIONS. Any person conducting a home occupation at the time of adoption of this ordinance shall apply for a Home Occupation Permit within 90 days after the effective date of this Ordinance. Seet ien 4 n 7 1Cn is he-. by added a Av 3ele 1 e€ 8hef t?e , n ..F al.,. o,�. 7 *—' l , 4 _ l _ " a -Eeael as �.A fellws Already added by the Commercial-Residential -See 19 3 134 3. braltAple F--a-i- - ;dent._, Transitions Ordinam Berke. of the felle d 4X;!y A 4;42 wee R 4 P" r3 #e' e i &f Ghapter- 3 ef al _ 19 eLE the B Y •' l , _ n..._: ,.<.. a de Eegard#ag the de€initlen e€ " a. _a as f_1 l ........ xvr�.v,r.T Already added by the Commercial-Residential See. 19 3.154 . 6. j;enL=esiden 4;a! zefter ITranslUons Ordinance. LGHOR041.DOC 3-06-1997 S:28PM FROM ' ITY OF B. H. 310 8S8 5966 P. 13 'Nenfesidential gene' -' ; ffiean any ..h - - --*� eenG Elesignet}ens 6-3, 6-3h 6 96, 6 3T-1, G 3T F 4T -Q C_ T 1 . 11 Seetie'n--6 Gee1 __ 19 9 .166.5 66G is L.....eby ...i.i..d__te Artiele ' ef lapteE a c T• L l _ 1 n ef the BeveEly vi l l a— t Gede e a t4e de€i:fli-tierk e€ "residential Seae"—cv--its;S . -e l leT T Already added by the Commercial-Residential a-See. 18-3.166. 6. Resideatial sane. TrarrAions Ordinance. I1'1 ideAfti 1 el shall mean a g fa�ajjy resie1--ri ..l er- multiple f Seet#en 7 Seetien 10 ' "' s hereigy _„ Aet4ele 1 e€ Ghats :er 9 _f Title 10 _f the n..yeEl. •ei l l - 1_.__ _:i` cede gardlay the de€' nitien e€ ""i,....,1 .._family: veeidential e" te read as fellews, Already added by the Com merdal-Residential See 19 3 177 5k Single r-Rii l- —resielettlaial Transitions Ordinance. zone, 'Single €avft#residential zet'e' shall e€ the €ellewing-eene deer g+aEj:ens• R 1, R 1%X7 1 c R 1, 5N, R 1 c O R 1. 6X, R 1.7X, ov " CEQA findings. Section 8. Based on the initial study, the negative declaration, the comments received thereon, and the record before the City Council, the City Council hereby determines that the negative declaration represents the s+oaoct.occ - 12 3-06-1997 5:29PM FROM CITY OF B. H. 310 858 5966 P. 14 independent judgment of the City Council, and there is no substantial evidence that the approval of this Ordinance may have any significant environmental impact. The documents and other material which compose the record on which this decision is based on located in the Department of Planning and Community Development and are in the custody of the Director Of Planning and Community Development. Ordinance filing and notice. Section 9. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation, printed and published in the county, and circulated in the City within fifteen (15) days after its passage, in v accordance with Section 36933 of the Government Code, shall certify to the adoption and publication of this ordinance, and shall cause this ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances Of the Council of this City. ADOPTED: Mayor of the City of Beverly Hills, California ATTEST: FRANCES M. MALNECK City Clerk LSHORD41.DOC - 13 RECEIVED: 3-11.97; 13:31; 510 256 3500 => CITY OF PALM DESERT; k1 510-256-3500 -ITY OF WRLNJT CREEK 733 P01 MAR 11 '97 14:34 wa?!1n% City Of DATE: 3�</ NUMBER OF PAGES: �{- (including cover) TELECOPIED TO: M A X—rl^J FAX NUMBER (6 f c?} 311 709 9 PC Lvme FROM: -0_..)Am c� FAX NUMBER: (510)256-3500 Cn ""rawe c-S COMMENTS: 90 f VN SE ©c c . c�2.��^jam C-R-- IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION PLEASE CALL (510)943-5834,EXT. z / Z. P.O. Box 8039 ♦ 1666 North Main Street ♦ Wainui Creek California 94596 ♦ 15101 943-5800 6 Printed on Recycled Paper 3--O6-1997 5:29PM FROM r;I TY OF B. H. 310 858 5966 P. 15 R APPROVED AS TO FORM: APPROVED AS TO CONTENT: GREGORY W_ STEPANICICH MARK SCOTT City Attorney City Manager RUTH NADEL Director of Planning and Community Development DONALD J. OBLANDER Director of Finance Administration. RONALD B. CLARK Director of Building and Safety .LFHUn0al.iKiC - 14 MINUTES ZONING ORDINANCE REVIEW COMMITTEE MARCH 5, 1997 I. CALL TO ORDER: The meeting was called to order at 3:00 p.m. Present: Steve Smith, Phil Drell, Jim Foxx, Bob Leo, Jean Benson, Jim Ferguson, Tim Bartlett II. DISCUSSION: Phil Drell distributed draft copy of revised standards for the Estate Residential Zone district. These standards will apply to the one acre on Mountain View, Delaware and Robin Road east of Warner Trail, some 90 lots. The committee had questions with respect to allowing an employee under a home occupation and several of the provisions relating to horses. Mr.Drell indicated he would look into the issues further and report back. Mr. Smith reviewed the second draft for the R-1 zone district standards. At item 25.16.080 G the committee decided that it should be changed to "dwelling units should be designed to encourage adequate shading". At item 25.16.100, at the end add "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" At item 25.16.120 the title should be"Private Tennis Courts/Sports Courts (Courts)". At item 25.16.130 it should read "All swimming pools shall be subject to the provisions of Ordinance No. 821 as amended". At item 25.16.140 change 5 feet or more in diameter to 40 inches or more. The committee decided that the setback table be inserted into the R-1 text. t MINUTES ZONING ORDINANCE REVIEW COMMITTEE MARCH 5, 1997 The committee next discussed the home occupation ordinance. Mr. Smith advised that he had reviewed the file and the ordinance had a typographical error. At Section 25.66.020 B the "not" should be deleted. This would permit home occupations to be conducted in part of a dwelling. The committee discussed at length the explosion in home based businesses. Bob Leo.distributed a report he had obtained from an Internet search. It listed more than 200 categories of home based businesses. The committee discussed whether the ordinance should permit home based businesses to have one or more employees. The committee decided it would take this issue up at its next meeting on March 19, 1997 at 3:00 p.m. In the interim staff should obtain ordinances from other upscale cities such as Santa Barbara. Member Foxx requested that the Accessory Building issue be scheduled for discussion in the near future. The meeting was adjourned at 4:50 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 04/39/198? 12: 55 61934'26999 INDIO SUPER 8 MOTEL PAGE 91 SUPER 8 MOTEL — INDIO M�T�L 81753 Highway 111 • Inch, CA 92201 .819342-02 Pair-Nay Ou-cdcor Advertising 68-300 Farez Rd. Cathedral City,Ca . y2234 • Attentlon: Dean In regards to our Billboard out on 1-10, .I thought you would like to crow that we are getting great responses . For the month of April , month to data , wo ha.a had a 114 zoom nights due to tiro Billboard. .It has produced way over cur exp3ctationa in room revenue from day ono . I just wanted to takF the time and say thank you. bln cer Jo Ann Whitaker 0eneral Manager t = _. *nay:roceay:5 and!perelad purtuan n a!ranch.a a(yae mam WO?.urep 5 tiUEi, flC Intramar Ultramar Inc. Facsimile: 619-720-1823 SOUTHERN 01VISION 3391 Topeka Street Carlsbad.CA 92008 April 25, 1997 Ms, Marty Vistica, Account Executive FAIRWAY 65-300 Perez Road Cathedral City, California 92234 Dear Marty: I would like to thank you for all of your help and great service. Our company was extremely pleased with the poster quality and the billboard placement during the four months we advertised with you. During that time, we began to see increased gasoline and merchandise sales. Having five poster billboards up at once, rather than a single billboard, was an advantage. We were able to get different messages to our cuslonters at different locations. Once again, thanks for all you help. It was a pleasure working with you. Sincerely,C�e� ,r""g� iva, Manager Ptramar HI Qualil)'and Serrice A Member of the Ultramar Group of Companies From:James Rosano To:Falr y OLmoor Oate:4130197 T1me: 1:50.48 PM Pape 2 012 rxzaumont Unocal 76 502 Beaumont Ave. Beaumont, Ca. 92223 (909)845-6967 4/28/97 To whom it may concern My wife and I have owned Beaumont Unocal 76 since 1992. We have worked hard to increase our business trying different methods of advertising. The most effective method of-increasing our gasoline and snack shop sales has been our freeway billboard advertisement. NVe have seen an increase in business of approximately 20% since placing our ad on a billboard. I highly recommend this form of advertisement for any business that can draw customers from the freeway. Sincerely James Rosano "LITE HITS" EZ"193ml April 29 , 1997 Dean Brush Account Executive Fairway Outdoor Advertising 68-300 Perez Road Cathedral city , Ca . 92234 Dear Dean , KEZN Radio has recognized increased exposure and awareness in the Coachella Valley as a result of the outdoor campaigns directed by Fairway outdoor Advertising . In addition to high reach , KEZN has also enjoyed an increased market share (higher ratings ) for the period of time during which outdoor was incorporated into the marketing mix . r would recommend implementing outdoor into many marketing campaigns as a means of generating increased awareness and narge recognition . Sincerel - Faul Posen General Manager 1 KEZN FM 103. 1 a 72-915 Parkview Drive Palm Desert, California 92260 P.O . Box 291 , Palm Desert, California 92201 Bus• (619) 340-9383 Fax (619) 340.5756 Contest (619) 568-5103 Dedications (619) LOVE YOU Z00 ii0"C]N O6Z67ZF6r9 • WJ NZ3A ZL:ZO 66/6Z/vo I w CENTC[RY HOMES Century Crowell Communities April 25, 1997 Dean Brush FAIRWAY OUTDOOR ADVERTISING 6$-300 Perez Road Cathedral City, CA 92234 RE: Outdoor Advertising Dear Dean, Fairway Outdoor Advertising has provided great billboard locations throughout the Coachella Valley. It has been proven that outdoor advertising is an outstanding advertising media for our many sales offices; we generate traffic from this type of media which in turn p-oduces sales. We will continue to use this worthwhile media for our current and upcoming projects. We appreciate your company's quick response to all of our needs and look forward to a long and lasting business relationship. Sincerely, Tony So mia Seni ice President Sales Marketing TStmr 1535 South 'D" Street, Suite 200• San Bernardino, CA 92408 — (909) 381-6007 • FAX (909) 381-0041 J MAJOR OIL COMPANIES: 1) SHELL promised to mail information from their marketing department, but did not deliver, 2) MOBIL advised that they did individual studies for each site once they had acquired one; 3) CHEVRON will send within the next two weeks; it took four calls for them to call back FAST FOOD: 1) WENDY'S advised that on freeway locations, 75%-80,7o of all business, is attributed directly to signage, from as far back as three miles, but definitely highly visible signage ,,on site" is vital and the final pull; BURGER KING, stated unequivocally, that they will not have a location where sign ordinances prevent easy freeway visibility from at least one half mile away, through bill board or "on site very high" signage; KFC, DEL TACO'S, CARL'S JR., all had similar responses, namely, that at least 50% to 80% of freeway location volume, is directly attributable to very visible"on site" signs,as well as at least three miles before location, billboard and other signage; HOLIDAY INN/CROWNE PLAZA, will not locate at a freeway intersection, if sign ordinances prohibit bill board or other highly visible signage from as far as five miles off site, and as close as one mile to site. Stated, that travellers make up their mind about lodging during the last two hours of travel, and as to availability based on signs. This company bases the financial value of a freeway site on the visibility and the actual placement of freeway signs. 75% of their freeway location hotel room occupancy, is "non reservation", but "drive by". 1345 NORTH PALM CANYON DRIVE / PALM SPRINGS, CALIFORNIA 92262 TELEPHONE: (619) 323-5619 TELECOPIER: (619) 323-4369 MAJOR OIL COMPANIES: 1) SHELL promised to mail information from their marketing department, but did not deliver; 2) MOBIL advised that they did individual studies for each site once they had acquired one; 3) CHEVRON will send within the next two weeks; it took four calls for them to call back. FAST FOOD: 1) WENDY'S advised that on freeway locations, 75%-80% of all business, is attributed directly to signage, from as far back as three miles, but definitely highly visible signage "on site" is vital and the final pull; BURGER KING, stated unequivocally, that they will not have a location where sign ordinances prevent easy freeway visibility from at least one half mile away, through bill board or "on site very high" signage; KFC DEL TACO'S CARL'S JR., all had similar responses, namely, that at least 50% to 80% of freeway location volume, is directly attributable to very visible"on site" signs,as well as at least three miles before location, billboard and other signage; HOLIDAY INN/CROWNE PLAZA, will not locate at a freeway intersection, if sign ordinances prohibit bill board or other highly visible signage from as far as five miles off site, and as close as one mile to site. Stated, that travellers make up their mind about lodging during the last two hours of travel, and as to availability based on signs. This company bases the financial value of a freeway site on the visibility and the actual placement of freeway signs. 75% of their freeway location hotel room occupancy, is "non reservation", but "drive by". 1345 NORTH PALM CANYON DRIVE/ PALM SPRINGS, CALIFORNIA 92262 TELEPHONE: (619) 323-5619 TELECOPIER: (619) 323-4369 I RECEIVED: 4- 8.97; 15:32; 619 323 7893 => CITY OF PALM DESERT; B1 • APR—Oe-1997 14:30 FROM MRINIERO. SMITH & ASSOC. TO 3417098 P.01 4DMainier Smith and Associates, Inc. Planntng/Livil EngLeeering/Cand Surveying 777 East Tahquita Canyon Way,Suite 3011 Palm Springs,California 92262-6784 Telephone(619)320-9811/FAX(619)323-7893 FAX TRANSMITTAL Date: Job No.: To: From: Telephone: Fax Phone: Re: Project: REMARKS: ❑ Urgent ❑ For your review ❑ Please comment L] QTX. ITEM COMAWTs: R total of pagc&incloding this oansminal. Place oWl(619)3249811 immediatciy ifyou do not rmhle ell pages. 7lank you. THIS FACSIMILE DOCUMENT ALTY CONTAIN INFORMA770N 7N4T IS PRD'ILE M CONFID£N77Ay AND EXEMPT FROM DISCLOSURE UNDER APPIICABLEL4W..AND ISINTENDED ON'LYFOR 7NE USE OFTHE INDIVIDUAL OR ENT/TPNAMED ABOVE: IPTHE READER OF THIS MEMOS IS NOT 7HB INTENDED RBC/PIENr. y0U ARE NEREBY N077RED THAT ANY DISSF.MINA77014, DMWBU170N. OR COPYING OF THIS COMAfU,YXA770NISS7RIC7LPPROIVBDED. IFYOUHAVEPECEIVEDTHISCOMMUNICAT/ONINEAW)t P4WEx0TIFYUSIMMEDIA7ELYBY TELEPNON&AND RETUAN7NEORIGIANLAff.MGS7OUSAT7N BOV£AWASSS VIA THE UA7lSDSTATESPOSTALSERVICE, 7HANKTOU. RECEIVED: 4. 8.97; 15:32; 619 323 7893 -> CITY OF PALM DESERT; #2 APR-08-1997 14.31 FROM MAINIERO, SMITH 8 ASSOC. TO 3417098 P.02 r rink w er ♦c•srxrI v' '.vnno viol 0 •�• " STATQ OF CAmpaAw•W&AYWERr L AMSPCOATATX* AyY4174{N6V.PRa1 jZc�r,�r t�►A,r;re,w DSS; . gac, ics KS A , . . ""' Tom Br oir.r gAsp lewwe rMaeC� YAx 90 8 -4z26 �- 70—�zz4 PwpA•f41 mnq e (909) c37(3.64$3 8. 674)_ •ri...aoa� ! �"�I(t�' o° `nek []nsst+ 2r C1"stva"r paa�roanac�m Corhnwr� • POOi ��YEa l�tE 1foictoP-oz `(es'V¢' uavf. mo. 'Nyng."t67.� a+3D A� RfPI.r J7wJ 9aN 8 o8 nffd� J;Y' Goi.l7 '7NS Mom. �un�r�rc EH7►a+M �oq� (a 84 - f505. MR . Q'h imm cio"I RECEIVED: 6- 8.97; 15:33; 619 323 7893 => CITY OF PALM DESERT; r3 APR-09-1997 14:31 FROM MAINIERO, SMITH & ASSOC. TO 3417092 P.03 , �� r"� to o, ♦c•mcrri , 'r,yi,e uAtJ o r,G/a SAW orcalif"i, Y. p Busineft ae4 Twxpmation A6tnry Pale t of z nromtmnt penatwn S-96 Tnmc tlperatit;ons ens MOTORIST SERVICES INIrORMATIOpfAL SIGNING PROGRAM The following tnformatloa tsgeneral in nature and is Intended only to provide background data fbr individuals or busfacxaes who are interested in participating in the Depantmeor's SaSbW(,ego Signing program- It is not a Department's for roe stict o answer which may be obtained by contacting the District Lo.o Coordinator in one efthe Deparmrent's Distract Offices. Assembly Silt 1257(Chandler)passed by the Legislature during the 1992 session,and subsequently signed by the Governor,on all stew epartment to YL This ix an necetmry rules and reguladoiu and conduct a logo signing proms in rural rural me On a 5. The ro expansion of previous5talac which allowed signs o—tons of Motorists not P ✓;liar.commonly ref with s e as business Logo sigrebrg 7e deslgne to provide momNxts,� c�D;y'LODGING,"andtfarU the area,wier apeei Ic information ooncernfng the availability of"FVEI.,^ that used m several other statesNG servtas at or near the next interchange. The signing will be similar to Under the program, the Department will&snish,instail,and maintain specific information panes and supplexoentaJ directional panels wt'thln the highway right of way. And One-half miles in Spec;fle iofotmtadon parcels are located adjacent to the traffic lanes between approximately Otte-quarter mile and one directtionalinformation forexam of am-off-ramp, l off ramp, The RIGHanels T," hen'Peofservice available and provide panda- p „IVFlT shave spate for up to six individual business S toutbe ppletnental directional panels are lOWW at or near the end of the oflLramp and serve to further direct the motoft mileage to the business ptttatdls' m7ea These r;gns identify the type of service avarabie,have a directional arrow,and show the busirresa premises or those businesses wb;ch Are not visible Both the off ramp. There is space Cot up to six individual business signs. The individual business signs ate fabrfcared according to the Depaftnt's speo;f catiOns and famished by the business at their expense. Each sign shows the business came,brand name,logo.trademark or commercial symbol of the business,or a combination Of these and is fastened to the specitle inflammation panel and supplemcmal directional panel. For example,a motorist approaching an inmrchange with the maximum number of businesses O%rrng the 4 types orservices would pass 4 separate specific intbmtarton panels•one each for"CA.�IPtNG," ,4OD0NG. "FOOD," and"FUEL"f that order,on the freeway and the same order n the off number ofsupplemenral directional panels in the same o ramp, Tar:signs can accommodate up to G individual business signs. At interchanges where full signing is not necessary,2 groups of services may be combined on one sign;dcntilying up to businesses 1. each group. .,. Tao Department of Transportation is authorized and directed toenf6me the provisions oPthe statutes and the Departmene's rules and regulations: issue and deny permits and revoke any permit issued for any violation of the statutes or the rules and regulations. i A qualified motorist service business is a business whose primary and prinripal source afrcycaue is from the ,goods.products,or services which All within the motori serv�Categories Of"FUEL,"FOOD,"LODGNG sala of and"CA,ItPING,^and which in all other respect$qualities for signing under the Department's rules and regulations. RECEIVED: 4- 9-97; 15:33t 619 323 1893 => CITY OF PALM DESERT; N4 APR-08-1997 14:32 FROM MAINIERO, SMITH & ASSOC. TO 3417098 P.04 MAR 1$ '97 1Z''PJr'F'M C ',14MS VILA b r.nio Page , Sr9d The business sign of a qualified mororist service business shall be installed only at the interchange which provides the most direct access to the business premises. if the business premises or an on•ske sign is not visible from the off ramp,or if the interchange is tomplex, the business shell be required to have a business sign placed on a supplemental directional panel. in all other uses signing on the supplemental directional panel is at the option of the individual business. All Ws business signs shall be delivered to the location datignated by the Department at no Coss to Line Department A business sign which does net canform to the Deparanenr's speeifiearions or which would mislead or t ArZm arm the traveling public or which is unsightly,badly faded or in a state of disrepair,will not be displayed Appropriate direct mo:trailblazer signs may be required by the Deparanent along other public highways as necessary to Panel Ora adequately direct motorise tv the l be by premises. The business signs fastened to a supplemental directional Panels,but shall be of smallerlblazer sign lsipethe same shape,color,and message as those shown on the sptxifre information kibrimtJon The Depart pane shalt supplemental solelyr cl bleract for the tostallation and removal Pfeil business signs fastened to specific offEbe Depaotoeels f the Dartme dteeetloMI panels. Under no circtnamnoes will aayoee other than empleyeec tit or the Depnce, .m contractors and agents be pcmtitted to enter within the highway right of way for the tnstatlatlon,maintenance,yr rtanoval of anY panel or sign. The Department shall not be responsible for lost',stolen,de®ced,deteriorated,damaged or destroyed business signs regardless of the cause. The applicant shall be responribte for delivering a replacement or rcoovated sign to the cieparmecnt to replace any sign which is lost,stolen,defbced,damaged or destroyed or which is in a deti tiomted condition. Where camping business operations an seaaooal, the department ahaU remove or cover the business Sign for each specific location and shall charge the appropriate fee for this Service. Ir' 1Lt�1'AND WA! R g -re• A business musreomplett an appUwHon and meet the Departme e nt's minimum eligibility criteria as stated in the Business Sign excerpt from the Depat Min rules and ire nations entitled"Motorist Services Informational Signing Program, Ltligihi!lty,Minimum State Criteria." An applicant who does not mat the minimum eligibility criteria may,upon wriroen request qualify far signing under the waiver provisions of the Department's regulations. if waiver is denied t the uesappt.V41n is denied or revoked,the applicant may request a hearing through the District Logo Coordinator. EEES: The Department has established an annual permit fee in each direction of travel for each type orservice and an annual rental fat for signing in each direction of travel for each type of service. A transtirr ice it charged per Permit if there is a change in ownership of the business end a service fee per mainline sign and per directional sign is charged for Such work as replacing,covering,or reinstalling business signs. fees are based on a Legislative mandate for the Department to charge a minimum of?S%shove its esrimatt4 costs in placing and maintaining the information sans to defray its overhead assessment. The department shall annually review the amounts charged and revise as.necessary_ individual business signs must be fabricared to meet the Department's specifleadons as contained in the rules and regulations and in the summary entitled"Specifre3tions for Gas,food,Lodging and Camping Business Signs." Signs which de AN mce[the Department's specifications will be rejected. RECEIVED: 4. 0.97; 15:34; 619 323 7893 =� CITY OF PALM DESERT; R5 APR-08-1997 14:32 FROM MAINIERO, SMITH 8 ASSOC. TO 3417099 P.05 PINK is 'W Id"Oer'I9 I �KWZ2 U151 6 r.•..c P , A State or Cauldrma ausrness and Transportation Agency Deparrment of Trim3pbrialion Division of Rient of way MOTORIST SERVICES INFORMATIONAL. SIGNING PROGRAM BUSINESS.SIGN EUGIBIUTY MINIMUM STATE CRITERIA The minimum State criteria by which gags, food, lodging and camping establishments may qualify for participation in the Department's Motorist Services informational Signing Progfam are as follows: "GAS", "FOOD". "LODGING"and "CAMPING" A. A qualified motorist service business shall give written assurances of its conlotroj y with all applicable laws caneoming the pro 31011s of public accommodations without regard to race, (elision. Color. Sex,Or national arlgin and shall not be in continuing breach of that assurance. B. The business premises$nai( have a generally neat,clean, and comfortable appearance and an adequate scope of services as determined by the Deparlment_ "GAS" The business. A. Shall be located not more that,one(1)mite from the interchange where the business sign is to be displayed as measured by the vehicular distance fiam the gore of the oft-t amp which provides the most direct access to the qualified business with the traveled way of the freeway: and the nearest point of intersection of the traveled way of a public highway with the nearest driveway of the business premises of the qualified business. B. Shall provide vehicle services, including put not limited to, fuel,oil, tire repair and battery and radiator water. C. Shalt provide public restroom'facilities, each containing at least a sink, running water and a flush Ioilct. D. Shall provide a drinking water fountain.for public use, F. Shall provide a public telephone. F. Shall be open fat business,with air of the above services and facilities available, and in continuous operation, tot at feast 16 consecutive hours daily, 7 days a week, except that the qualified business shall not be Considered to be in violation of this requirement when, as a result of a shortage of fud.'the tact lity is closed or when its hours of operation are reduced. G. Shall obtain and display any appropriate license or permit as may be required by law. "F000" The business: A. Shall be located not more than three(3)miles from the interchange where the busincss sign is to.be displayed as measured by the vehicular distance from the gore of the off-ramp which provides the most 111eet access to the qualified business with the Iraveled way of the freeway, and the nearest point of intersection of the traveled way of a public highway with the nearest driveway of the business premises of the qualified business. D. Shall accumulate at least seven(7)points in the following four(4)categories. RECEIVED: 4- 8-97i 15:34; 619 323 7693 => CITY OF PALM DESERT; 06 APR-08-1997y 14:33 FROM MRINIERO, SMITH 8 ASSOC. TO 3417098 P.06 WR 18 '37 12:OWM r RFM DIST d r.rn r Category 1, ii thedistanCe iron the interchange where the business sign is to oe displayed as measured by the vehicular distance from the gore of the off-ramp which provides the most direct access to the oualirred business with the traveled way of the freeway, and the nearest point Of interse0on of the traveled way of a public highway with the nearest driveway of the business premises of the qualifi'4 business is: 0 to 4 mile, inclusive assign 3 pants Over 4 Mile to I mile, inclusive assign 2 points Y, over I mile to 3 miles. inclusive assign 1 point Category 2. If the number of traffic controt devices consisting of traffic signals or stop signs between the gore of the off-ramp which provides the most direct access to the qualified business with 'the traveled way of the freeway and the nearest driveway of the business premises ofRbe qualified business is: 0• I davits assign 3 points - 2-3 devices assign 2 points 4-$devices assign 1 point !hors ttanl devices Ssslgn 0 points Category 3. Must establish etigibility under one of the following two criteria. (a) If the number of indoor seats totals: 50 or more seats assign 3 points' 30 seats to 49 seats assign 2 points IS seats to 29 soft assign 1 paint Less than 15 seats assign 0 points (b) If the parking facilities for drive-in or drimthrough service totals: 20 or more spaces assign 3 points 11 $Date&to 19 spaces - assign 2 points 5 spaces to 10 spaces assign I point Less than 5 spaces assign 0 points Category 4. ftn the distance e3 measured from the gore of the interchange where the business Sign is to be displayed to the sorb of the next exit served by a food establishment which business would quality for signing is: Over 10 miles assign 3 points Over 3 mites to 10 miles. Inclusive assign Tpoints 1 mile to 3 miles, inclusive assign I point Less than I mile assign 0 points C. Shall be in Compliance with respect to licensing, approval and regulation by any State-agency and/or any political subdivision of the Slate having or exercising jurisdiction over the business premises. Licenses and permits required and issued by the State Of its political subdivisions shall be displayed on the premises, O. Shall provide a public telephone. . — 2— RECEIVED: 4- 8-97; 15:35; 619 323 7893 => CITY OF PALM DESERT; #7 APR-08-1997 14:33 FROM MAINIERO, SMITH 8 ASSOC. TO 3417098 P.07 . PVAX 1C 'We A19WWdM11 lF. tw U1ti1 6 •'-"" I E. Shall provide public reWOOM facilities, earn :offialning at least a sink, running water.and a Gush 1611eL F. Shall be open for business, with all of the am" sgrvich'f and facilities available, and in contlntrous operation for at least 12 consecutive hours daily,.begirnrng not later than 7 a.m., 7 days a week, and serving breakfast,lunch,and dinner. "LODGING" The business: A. Shall be locatcd net more then three(3)miles it=the interchange*bete the business sign is t0 be displayed is measured by the vehicular distance from the gas of the off ramp which provides the most direct access to the qualified business with the traveled way of the kesway, and the nearest point of intersection of the traveled way of a public highway with the neatest 06VM y of the business premises of the qualified business. 9. Shall acchsuulats at least seven(7)points in the fol(owlnq four(4)categories. Category L It the distance from the Warchanga white the hOsieess sign is to be displayed as measured by the vehicular distance hem the gore of the off-rasgr*Web provides the axst direct acCesr to the gdalified business With the traveled way of the freeway,and me nearest point of inlerswUm Of the traveled way Of a Millie highway with the nearest driveway of the business premises of Me qualified business is: 0 to St mite, inclusive assign 3 poems Over 4 mile to I mile,inclusive assign I points Over I mile to 3 mites, Inclusive assign I point Category Z. If the ember of traffic'cor rol devices consisting of trafffe signals or stop signs between the gave of the off4aop which provides the most direct across to We.qualifietl business wick the traveled way of 0a freeway mil Men nearest driveway of the tusbw ptemises of fie qualified business is: 0'-1 i"co assign 3 points 2.2 devices assign 2 points . 4.3 devices assign I point Moe than 5 devices assign 0 points Category 3. If fro number of lodging units, each with private bath facilities, is: 50 or more units assign 3 palms 20 units to 49 units assign I points Is units to 29 units assign 1 point Less than IS units assign 0 points Category it. When the distance as measured tram the gore of the interchange where the business sign is to be displayed to the gore of the next exit served by a(adging establishment which world qualify for signing is: Over 10 miles assign 3 points Dver 3 miles 10 10 miles,inclusive assign 2 points I mite to 3 miles, inclusive assign 1 palm Less than I mile assign 0 points r . RECEIVED: 4. 8.97; 15:35; 619 323 7893 => CITY OF PALM DESERT; 08 APR-08-1997 14:34 FROM MAINIERO, SMITH 8 ASSOC. TO 3417098 P.08 I•k1K :ia -el 1d;Mik P'f9 • 'W"Ab Ylbl kf . r , C. Shall be in comuhance vnnk resoect to licensing• approval and regulation by srry State agency and/or any political subdivision of the State having or exerri$mg Jurisdiction over the buSilless premises.piny licenses Or permits which are issued by die Star or a local governmenral bndv shall be displayed on the premises. 0. Shall provide at least one sff•street passenger vehitte parking space for each lodging unit available for rent E. Shall provide a public telephone. P. Shalt be open for business.with all of the above services and facilities available, she in continuous operation 20ours a day, 7 days a week. "CAMPING"The business: A.•Shalt be totaled trot more than ten(10)miles from the interchange where the business sign is to be displayed as measured by the vehicular distance from the gore of the off-raw which provides the most direet access ro the qualified business with the traveled way or the ifeeway. and the nearest point of intersection of the itaveled way of a public 5)ghway with Vie nearest driveway of the business pranises of the qualified business. B., Shan be in compliance with respect to licensing, approval and regulation by any State agency and/or any political subdivision of the State having or exercising jurisdiction over the business'premises or be operated by a governmental agertty. Ally license or pannits which are issued by the State or a local govamtrentai body shall be dfsplsyed on the premises. - C. Must estabilsh eligibility under at least one of the following three criteria: L Shall have not less Oten 25 vehicular overnight camping units of spaces available for rint Each unit at space must provide Imilviddal service and,utility hookups suitable for travel trailers, campers and other recreational vehicles. The facility shall be accessible to and capable of accommodating all types of recreational vehicles. travel trailers and campers. 2.Shall have not less than 15 overnight camping units Or spaces available which will accommodate tents, and have at toast one vehicle parking space for each unit or space available far tent Shall have saMtary facifities. and drinking water for the traits or spetas, but not necessarily at each individual. campsite. • 3. Shall have not less than 30 overnight camping units or spaces available, consisting of a combination of fin types specified in Items(t)and(2). hereinabove. D. Shall have an attendant on duty 24 hours a day to manage and maintain the facility while it is open for business. E. Shalt be open tar business and in continuous operation 24 hours a day, 7 days a week. except Mt seasonally the facility may be closed to the public for not more Man ISO consecutive days.provided the Oeoartment has received proper notification together with a riquest to cover at remove all business signs Iastened to the motorist services infodhahenal signs. RECEIVED: 4- 8-97; 16:36; 619 323 7893 =, CITV OF PALM DESERT; B9 APR-08-1997 14:35 FROM MRINIERO. SMITH & ASSOC. TO 3417098 P.09 I4AR IS '97 12:09FM TRANS UIST 13 r•rsie Schedule of Fees Annual Permit Fee: $100.00 (for signing In each direction of travel) Annual Rental Fee: $250.00 (for signing in each direction of travel) Installation Fee: $100.00 (per main line sign, when applicable) $ 50.00 (per directional sign, when applicable) Servicd Fee: 4100.00 (per main line sign, when applicable) .850.00 (per directional sign, when applicable) Transfer Fee: $ 50.00 (per permit, when applicable) Permit fees must aecomoany the application,but shall be refunded if the application is denied. •• Rental fees are due 30 days after receipt of notification that the business sign application has been approved. •• All checks should be made payable to: State of California, Department of Transportation. Permit, rental service, and transfer fees shall be revised and adjusted annually to not less than 25 percent above the estimated cost of placement and maintenance by the Department. The Department shalt establish a schedule setting forth these fees. TOTAL P.09 MEMORANDUM TO: Steve Smith FROM: Martin Alvarez DATE: October 11, 1996 SUBJECT: Freeway Signage Riverside County Freeway Sign Regulations: Within 600' of Freeway; • Max Height 45 Feet _ • Max 150 Sqft. Office of Outdoor Advertisement; (Billboards) • Must be within 1000 feet of Commercial Activity • Property must be zoned Commercial or Industrial • Not in Scenic Corridor • Max 1200 sqft. (Billboard max 20 foot high) • Min. 500 foot spacing between billboards SUMMARY VF ADVERTISING DISPLAY CONTROLS UNI,—.'.THE OUTDOOR ADVERTISINGACT.AMENDED 1963 1. DISPLAYS PARTIALLY EXCLUDED FROM THE PROVISIONS OF THE ACT The following advertising displays ate generally excluded from the provisions Of the law: 1. Offlcal notices Issued by public bodies 2. Legal notices 3. oMclal dimctlenal warning or nformatwnal strociures - However.displays described in paragraph 3 above and paced along interstate and primary highways must conform to standards that have been promulgated(See Title 4,Chapter 6.Subchapter 4,Directional and Other Official Signs and Noticed. IL BASIC DIPIAY CONTROLS The following controls are imposed upon all advertising displays located within New of all public roads outside of incorporated cities. plus advertising displays the copy of which is visible from the man traveled way of all interstate and primary highways including such highways within cities(Section 5271). 1. Permit Requirements For all advertising displays located Outside of incorporated cities and all displays paced on or after November 8.1967.the copy of which is visible from all interstate and primary highways in cities a permit must be obtained (Section 5350). unless such dIsPaY a. Advertises the We"lease of the property upon which it is located. h Names the owner or occupant or identifies one premises,or e. Advertises one business conducted orservics rendered orgoods produced"sold upon the property if the displayis on the same side of the highway and within 1000 feet of such activity or 1000 feet from the entrance to such site(Section 5272),. 2. Licensing Requirements --- A person engages in one business of outdoor advertIsingwhenever he personally or through employees places advertising displays cotaining ges the advertisingdispays advertising n 5300).No person hall engage in the business of Outdoor advertising without advertising having paid the license fee 3. Gerterul ArohtbUtons _The following displays are prohibited along such highways: s If Iodated within the right of way(Section 5403) b, if visible from any highway and simulates a traffic control device or If likely to be mistakes for such device(Section 5403),or attempts to direct traffic(Vehicle Code Section 21465) e If located within a channel where It might be swept under a highway structure(Section 5403) ;'d. If not maintained in a We condition(Section 5403) e. If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for awarnlg or danger signal(Section 5403) C If any illumination thereon is of such brilliance or so positioned as to blind or dazzle the vision of travelers on adjacent highways (Section 5403) g. If located within certain described areas outsides de of business districts near intersection or obstructing thevlew of approaching vehicles as described in Section 5404 IL If not complying with the wind pressure resistance test of Section 5401 L If it contains copy that is obscene,indecent or Immoral etc.,In violation of Section 5402 12)and (as defined in J. If such additional control sol6a full No advertts ng displays are permin Section itted f the advertising d sp ay is designed toon 5216).be viewed primarily arsons r controls apply: persons traveling on such landscaped section of a freeway(Section 5440).except that signs are permitted to: (1) Advertise one We or lease of the property (2) Designate the name of the owner or occupant of the premises (3) Advertise goods manufactured or produced or services rendered on the property B. Removak Any advertising display in violation of any of the foregoing requirements should be removed im media ally n of the t to the summary rY III. CONTROLS APPLICABLE TO DISPLAYS HAVING COPY VISIBLE FROM FEDERAL INTERSTATE AND PRIMARY HIGHWAYS INo basic display controls described in Ifisplays of the following type are pemutted if visible from any such highway: ey display flashing, intermittent, or moving light or lights(Section 5403) 2. If they ate placed upon ties, rocks, or other natural features(Section 5403) Outside of"business areas' only the placing of new displays of the following types arc Permitted: 1. Directional or other official signs or notices (such as natural wonders, scenic and historical attractions) which comply with regulations promulgated by the director (Section 5405). Also, see Title 4. Chapter 6, Subchapter 4, Directional and Other Official Sips and Notices. 2. Displays advertising the sale or lease of the property upon which they are located (Section 5405). For such sighs placed within"protected bonus areas'see Title 4,Chapter 6, Subchapter 2.Section 2303. Class 2—On-Premise Signs. 3. Displays advertising the business conducted or services rendered or the goods produced or sold upon the premises (Section 5405). For regulations restricting such displays within "protected bonus areas' see Title 4, Chapter 6, Subchapter 2, Section 2303, Class 2 and Class 3—Signs Within 12 Miles of Advertised Activities. 4. Official displays giving information in the specific Interest of the traveling public placed in accordance with regulations promulgated by the director (Section 5405). Also, see Title 4, Chapter 6, Subchapter 2, Section 2303. Class 4-Signs in the Specific Interest of the Traveling Public, and Subchapter 4. Within "business area". only new displays conforming to the following standards may be placed ("Business area' is the area where a commercial or business activity is being conducted, plus an area_ within 1000 feet measured in each direction from the nearest edge of a commercial or industrial building or activity, so long as the property upon which the display is placed is zoned Prim arily for industrial o; commercial activities or is not zoned at all (Sections 5223 and 5205). "Commercial or industrial activity' does not include the outdoor advertising business or the business of wayside fresh produce vending.) 1. Size Such displays are limited to a maximum of 1200 square.-feet.in area; maximum height of 25 feet and maximum length of 60 feet; two advertising displays not exceeding 350 square feet each may be erected In a single facing. All such advertising displays lawfully in existence on August 1, 1967, which exceed 1200 feet may be maintained in existence (Section 5408). 2. Lighting Such displays shall not be placed with illumination that idterfereswith official traffic signs, devices, or signals; shall not include flashing, intermittent, or moving lights (except such that give public service information such as time, date, temperature, weather. etc.); shall not cause beams or rays of light of such intensity as to cause glare or impair the vision of any driver or interfere with any driver's operation of a motor vehicle (Section 5408). 3. Displays shall not be placed to obstruct or Interfere with official traffic control devices or interfere with the vision of driven in approaching, merging, or intersecting traffic (Section 5408). 4. Spacing _ A. General spacing provisions: (1) On all Interstate highways and primary freeways: There must be at least 500 feet between displays on the same side of the highway. (2) On interstate highways and primary freeways located outside of cities: No display is permitted within 500 feet of an interchange or intersection at grade or safety roadside rest area. (3) On nonfreeway primary highways outside of cities: At least 300 feet between displays on the same side of such highway. (4) Nonfreeway primary highways located in cities: At least 100 feet between displays on the same side of such highway. b. These spacing provisions do not apply to displays separated by buildings or other obstructions so that only one display located within the above spacing distances is visible from the highway at any one time. C. This section does not prevent placing of double-faced, back-to-back. or V-type advertising displays with a maximum of two sighs per each facing. d These spacing requirements do not apply to the advertising displays described in paragraph C. C. Displays lawfully in existence on August 1. 1967. which do not conform to these spacing previsions, may be maintained in existence (Section 5408). _ 2 _ IV, SPECIAL CONTROLS UPON DISPLAYS IN "PROTECTED BONUS AREAS" in eddlllon to the basis confrol6 ei:iibed in Section ii and the general federal controls described!n Section (li. the following additional controls apply to displays located in "protected bonus vess" A. "Protected bonus area" defined: 1. An area within 660 feet of the edge of the right of way of an interstate highway 2. The entire width of which was acquired subsequent to July 1, 1956 3. But does NOT include those segments that page through the following areas that aro zoned for commercial and industrial uses (actual use is not important): a. Areas that were within city limits on September 21. 1959, regardless of when the zoningwas imposedbythe city b. Areas that were not within city limits on September 21. 1959, and where Industrial or commercial zoning was imposed by the county on September 21, 1959. H. Permitted displays: The following displays are permitted in such "protected bonus areas" under applicable bonus regulations (Sections S251 and 5415): 1. Signs advertising the sale or lease of the property upon which they am located subject to the following limitations: a. Only one such sign is permitted to be visible to traffic proceeding in each direction on the interstate highway b. AU of the additional limitations described in paragraph C hereafter 2. Signs advertising activities conducted on the property where they arc located subject to the following limitations: a. Only one such sign is permitted to be visible to traffic proceeding in each direction on'the interstate highway if located mom than 50 feet from the advertised activity b. All of the additional limitations described in paragraph C hereafter 3. Class 3 Signs(Twelve-mile Signs): Signs advertising activities conducted within twelve air miles of the sign subject to the following limitations: A. Spacing limitations: (1) . If located In advance of an intersection or of&rsmp: 0 -2 miles No sign permitted 2 -5 miles Six signs permitted More then 5 miles Average of one sign per mile (2) Not mom than two such displays permitted within any one mile (3) Displays must be spaced 1000 feet apart (4) No display permitted within 1000 feet beyond any entrance roadway (5) No such display permitted In publi.: packs which are officially designated as "scenic areas" b. Only one sign in permitted to be visible from each direction on the interstate highway for each single enter- prise or giving information about a single place C. All of the additional limitations described in paragraph C hereafter C. General limitations applicable to displays within "protected bonus areas": 1. Trade names gre permitted only if the name of the activity is also displayed as conspicuously as such trade name (this limitation does not apply to on-premise Signs located within 50 feet of the advertised activity) 2.'- No display is permitted which moves or has any animated or moving parts, or is illuminated by moving or flashing tights 3. No display shall be more than 20 feet in width or height or 150 feet overall (except for on-premise signs within 50 feet of the advertised activity) - 3 - ODA 5 RECEIVED: 4- 4-97; 15:30; 619 323 7893 => CITY OF PALM DESERT; k1 APR-04-1997 15:27 FROM MAINIERO, SMITH 8 ASSOC. TO 3417098 P.01 w 1►i4AAAI r, arium ana ASSOclates, inc. I Plalfnfllg.,CI'vil Engllteering/Lattd Sttrveyiltg 777 East Tahquitz Canyon Way, Suite 301/Palm Springy,California 92162-6784 Telephone(619)320-9811 /FAX(619)323-7893 FAX TRANSMITTAL Date: Job No.: To: Frow: Telephone: Fax Phone: -77 Re: Project: REMARKS: ❑ Urgent © For yourrevlew ❑ Please comment ❑ QTY- ITEM COMMENTS: A total of ages,including this tmsmitW. Please cell(619)329�9811 immediately if you do not mteh-o till pagm thank you. THIS FACUWLE DOCUMENT MAY CONTAIN INFORASS770N MT IS PRIVILEGED,CONFIDEN77AL,AND EXEMPT FROM DISCLOSURE UNDER APPLICABLELAW,AND ISDrMDEDOA'LYFOR THE USEOFTHEINDIVIDUALONEN7777NAAIEDABOVE IFTNEREADER0F7MISMEWGE 1S NOT 7NE /MENDED RECI➢IENT, YOU ARE HEREBY N077F16D 77UT ANY DISSEMINATR)N, DISMBU770N, OR COPYING OF 7727S CVW4W1CA770N/SS7XC71YPR0NIBITER. IFYOUHAVBRECFJI YMISCOMMUNICA770,V NERRORPLEfSEN077FYUSIMMEDMTELYBY TELEPNOA'�ANARE7'URNTHEOR/LYNALMESSAGE7i7CtSAT VBEADDA=.V147MXZ UNIIEDSIA7ESPOSTALSERVlC6 TN.INX>OU. CC: " RECEIVED: 4- 4-97; 15:30; 619 323 7893 =- CITY OF PALM DESERT; 82 APR-04-1997 15:27 FROM MAINIERO, SMITH 8 ASSOC. TO 3417098 P.02 / Planning CO„lmiseion finds that due to the physical 'characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the Sign Ordinance will not give adequate visibility to the signage; that the approved program will be compatible with the design of the property and will represent the least departure from the standards of the Ordinance necessary for the effectiveness of the program; and that the approved program is compatible with the surrounding property and not contrary to the purpose of the Sign Ordinance. 7. Complex Identificalign S gnL In addition to main identification signs allowed under this chapter for individual businesses, a separate sign identifying a building or complex of businesses may be allowed as part of an approved sign Program (see Section 9320.05.C.6). This sign shall not exceed twenty (20) square feet unless no individual tenant signs are included in the sign program in which case the sign area maybe based on the frontage formula. Such a sign may be free standing. 8. ,5�@giaLSion D�gts. Nothing in this section shall prohibit the City Council from adopting special sign districts as part of a Specific Plan, Redevelopment Plan, Planned Development District or the like when special sign provisions are necessary or appropriate to implement General Plan provisions and goals. 9. - r r D' Time and/or temperature displays may be Permitted as an integral part of a permitted main sign or as part of a sign program. Such displays shall not rotate, move, flash or blink, and the alpha- numeric characters that make up the display shall change only as real time and/or temperature changes. The change between time and temperature modes shall take place at intervals no less than ten (10) seconds. ram, 10. Automobile 02alersbips. The sign area allowed for individual businesses may be applied to each individual structure wherein automobiles are displayed for sale. in addition, automobile dealerships may be permitted up to forty (40) square feet of sign area for the exclusive use of logos, and corresponding names, representing the makes of automobiles sold by the dealership; additional area shall not be granted for multiple street frontages. 11, Fre way Signs. In addition to other signs permitted, freeway-oriented signs designed to be viewed primarily from Interstate 10 in the vicinity of the Whitswater, Indian Avenue/Indian Canyon Drive and Gene Autry Trail intersections may be permitted by the Planning Commission on properties designated "Highway Commercial," by either the Zoning Ordinance or the General Plan, pursuant to Section 9404.00 (Architectural Review). Signs shall be so constructed, erected and maintained to Insure propriety and integration with the surrounding environment, topography and land uses. The following standards are intended to restrict such signs to freeway-oriented businesses and set development standards: a. One (1) freeway-oriented sign may be allowed to identify the name of the freeway-oriented use which occupies the same parcel on which the sign is located except as otherwise provided herein. freeway-oriented use means any business or group of businesses which as their primary purpose cater to the nonresident, traveling public on Interstate 10. Such uses shall be limited to hotels, restaurants and automobile service stations or other Sign Ord. 1538, 10/2/96 9320.05 C - 231.2 - RECEIVED: 4� 4-97; 15:31; 619 323 7893 -> CITY OF PALM DESERT; d3 APR-04-1997 15:28 FROM MAINIERO, SMITH 8 ASSOC. TO 3417099 P.03 similar businesses if the Planning Commission determines that said business primarily and customarily would cater to the Interstate traveler. A freeway-oriented sign may also list adjacent or nearby off-premise r� freeway-oriented businesses in the Highway Commercial (H-C) Zone. However, a freeway-oriented business may be listed on only one freeway- oriented sign structure. b. A f(eeway-oriented sign identifying a freeway-oriented use shall be within one-thousand 11000) feet of the point of intersection of the freeway with the street served by ramps from said freeway. c. Freeway-oriented sign structures shall be located in such a manner so as not to adversely obscure the visibility of another existing freeway-oriented sign structure from Interstate 10. d. Signs which exceed a height of twenty-five (25) feet may be approved only after review of a flag test to prove need that the requested height is necessary for visibility from Interstate 10. The height of freeway-oriented signs and their related structures, for a single business, shall not exceed fifty (50) feet. The height may be increased an additional five (5) feet for each additional business advertised, provided the total height does not exceed seventy-five (75) feet. e. The distance between the lowest portion of the sign face and ground level shall not be less than one-half (%) the height of the sign structure. f. The area of each sign face shall not exceed one hundred fifty 0 50) square r, feet per business advertised. g. The text on freeway-oriented signs shall be limited to corporate logos or business names only. The minimum size letter in the text of the sign shall be one (1) foot in vertical or horizontal dimension, and the maximum size letter shall be three (3) feet. h, Illumination shall be limited to internal lighting. All freestanding signs shall have underground utility service. SECTION 9320.06 PERMITTED SIGNS -APARTMENTS, HOTELS, RESORT HOTELS AND RESIDENTIAL MOBILEHOME PARKS This Section shall be applicable to apartments, hotels, resort hotels, residential mobilehome parks, and miscellaneous businesses and uses allowed in residential zones. The number and area of signs as outlined in this Section are intended to be maximum standards and do not necessarily insure architectural compatibility. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall design of the subject property and the surrounding community. A. MAIN SIGNS y„1 1. Apartments Hotels Condominium Complexes and Residential Mobilehome Parks. Apartments, hotels and residential mobilehome parks shell be allowed one (1) sign of twenty (20) square feet, plus one (1) additional square foot of Sign Ord. 1539, 10/2/96 9320.05 C - 7047 - TOTAL P.03 STATE OF CAUFORNIA-BUSINESS.TRANSPORTATION AND HOUSING AGENCY PETE WILSON.Govemo/ DEPARTMENT OF TRANSPORTATION -—1120"N STREET---- P.O.BOX 942873 SACRAMENTO,CA 94273-0001 (916) 654-4790 TOO (916)654.4014 FAX (916)654.4956 orl 0'76 11fM Mies, ' I t i Thank you for your inquiry about the State requirements for placing an advertising display visible to public highways. We are enclosing a brief summary of the provisions of Article 3, Chapter 2 of the Business & Professions Code (known as the Outdoor Advertising Act) . Section III-D of the summary lists the most common controls applying to new display locations: Also enclosed is an application for outdoor advertising structure permit which has a series of questions on the back that may also be helpful in locating a conforming sign location. When submitting an application, you must include fees of $300 for the application and $20 for the permit. Please remember, after an application is received, it is still necessary for one of our inspectors to confirm the location and approve it before a permit can be issued. If, for some reason, your application cannot be approved, only the $20 permit fee is refundable. If you received a citation for placing a display without first obtaining a written permit, you must correct the violation before an application can be approved. If I may be of any further assistance, please feel free to write or call. Sincerely, Deborah Collet, 6hief Outdoor Advertising Program Enclosures r SUMMARY OF ADVERTISING DISPLAY CONTROLS UNDER THE OUTDOOR ADVERTISING ACT.AMENDED 1983 -----.. . -- - ---- I DISPLATS PARTIALLY EXCLUDED FROM THE PROVISIONS OF This ACT The following advertising displays are generally excluded from the provisions of the law: 1. Official notices Issued by public bodies. 2. Legal notices 3. Official directional.warning or Informational structures However.displays described in paragraph 3 above and placed along Interstate and primary highways must conform to standards that have been Promulgated(See'Rte 4.Chapter 6.Subchapter 4.Directional and Other Official Signs and Notices). IL BASIC DIPLAY CONTROLS The following controls are Imposed upon all advertising displays located within view of all public roads outside of income Irat�an� plus advertising displays the copy of which is visible from the main traveled way of all interstate and primary ighways, highways within cities(Section 5271). 1. Permit Requirements For all advertising displays located outside of incorporated cities and all displays placed on or after a obtained ova(Section 5350 S. 67.unless such the copy Of which is visible from all interstate and primary highways In cities a perm it must display: a. Advertises the sale or lease of the property upon which It Is located. b. Names the owner or occupant or identities the premises,or C. Advertises the business conducted or services rendered orgoods produced orsold upon the property if the display icon the same side of the highway and within 1000 feet of such activity or 1000 feet from the entrance to such site(Section 5272). 2. Licensing Requirements A person engages In the business of outdoor advertisirtgwhenever he personally or through employees Places advertising displays containing advertising which does not pertain exclusively to his own business, or changes the demising esslg pals the age Of such advertising displays(Section 5300).No person shall engage in the business of outdoor advertising without license fee. 3. General Prohibitions The following displays are prohibited along such highways: a If located within the right of way(Section 5403) b. If visible from any highway and simulates a traffic control device or 1f likelyto>x mistaken for such device(Section 54031.or attempts to direct traffic(Vehicle Code Section 21465) c If located within a channel where it might be swept under a highway structure(Section 5403) i d. If not maintained in a safe condition(Section 5.4031 e. Ifvisibie from any highway and displaying any red or blinking or intermittent hgJrt likely to be mistaken for ewartrtrgor danger ki signal(Section 5403) L If arty illumination thereon is of such brilliance orso positioned as to blind ordains thevislon of travelers on adJacenthlghways (Section 5403) b If located within certain described areas outside of business districts near Intersections or obstructing the view of approaching vehicles as described In Section 5404 h. If not complying with the wind pressure resistance test of Section 5401 I. If It contains copy that is obscener Indecent or immoral.etc,In violation of Section 5402 is } if such additional contsalso trols a10afNoaadverisifremay(ang displays are permitted If th defined in Section 6212)and e0advertisingrt dsplay is o be viewed primarl defined in Section 5216).the oly by PPh Persons traveling on such landscaped section of a freeway(Section 5440),except that signs are permitted to. (1) Advertise the sale or lease of the property (2) Designate the name of the owner or occupant of the premises (3) Advertise goods manufactured or produced or services rendered on the property . B. RemovaL• summary t to the My advertlatng display in vialation of any of the foregoing requirements should lx removal Immedrtatatlon of the Iandscanc freeway ) III. CONTROLS APPLICABLE TO DISPLAYS HAVING COPY VISIBLE FROM FEDERAL INTERSTATE AND PRIMARY HIGHWAYS All of the basic display controls described'in II apply_to_sueh advertiein"splys. - No new displays of the following type arc permitted if visible from any such highway: 1. If they display flashing, intermittent, or moving light or tights(Section 5403) 2. if they am placed upon trees, rocks, or other natural features(Section S403) Outside of"business areal' only the placing of new displays of the following types are permitted: 1. Directional or other official signs or notices (such as natural wonders, scenic and historical attractions) which comply with regulations promulgated by the director (Section S405). Also, see Title 4, Chapter 6, Subchapter 4, Directional and Other Official Signs and Notices. 2. Displays advertising the sale or lease of the property upon which they arc located (Section 5405). For such signs placed within"protected bonus areas" see Title 4,Chapter 6,Subchapter 2,Section 2303, Class 2--On-Premise Signs. 3. Displays advertising the business conducted or services rendered or the goods produced or sold upon the premises (Section 5405). For regulations restricting such displays within "protected bonus areal' see Title 4, Chapter 6, Subchapter 2, Section 2303, Class 2 and Class 3—Signs Within 12 Miles of Advertised Activities. 4. Official displays giving information in the specific interest of the traveling public placed in accordance with regulations promulgated by the director (Section 5405). Also, see Title 4, Chapter 6, Subchapter 2, Section 2303, Class 4—Signs In the Specific Interest of the Traveling Public, and Subchapter 4. Within "business areal', only new displays conforming to the following standards may be placed: (`Business "eel' is the area where a commercial or business activity is being conducted, plus an area within 1000 feet measured in each direction from the nearest edge of a commercial or industrial building or activity, so long as the property upon which the display is placed is zoned primarily for industrial or commercial activities or is not zoned at all (Sections 5223 and 5205). "Commercial or industrial activity" does not include the outdoor advertising business or the business of wayside fresh produce vending.) 1. Size Such displays are limited to a maximum of 1200 square-feet_in area; maximum height of 25 feet and maximum length of 60 feet; two advertising displays not exceeding 350 square feet each may be erected in a single facing. All such advertising displays lawfully in existence on August 1, 1967, which exceed 1200 feet may be maintained in existence(Section 5408). 2. Lighting Such displays shall not be placed with illumination that interfereswith official traffic signs, devices, or signals; shall not include flashing, intermittent, or moving lights (except such that give public service information such as time, date, temperature, weather, etc.); shall not cause beams or rays of light of such intensity as to cause glare or impair the vision of any driver or interfere with any driver's operation of a motor vehicle (Section 5408). 3. Displays shall not be placed to obstruct or interfere with official traffic control devices or interfere with the vision of drivers in approaching, merging, or intersecting traffic(Section 5408). 4. Spacing a. General spacing provisions: (1) On all interstate highways and primary freeways: There must be at least 500 feel between displays on the same aide of the highway. (2) On interstate highways and primary freeways located outside of cities: No display is permitted within 500 feet of an interchange or intersection at grade or safety roadside rest area. (3) On nonfreeway primary highways outside of cities: At least 300 feet between displays on the same side of such highway. (4) Nonfreeway primary highways located in cities: At least 100 feet between displays on the same side of such highway. b. These spacing provisions do not apply to displays separated by buildings or other obstructions so that only one display located within the above spacing distances is visible from the highway at any one time. C. This section does not prevent placing of double-faced, back-to-back, or V-type advertising displays with a maximum of two signs per each facing. d. These spacing requirements do not apply to the advertising displays described in paragraph C. e. Displays lawfully in existence on August 1, 1967, which do not conform to these spacing provisions, may be maintained in existence (Section 5408). r i — 2 — � 1 J' IV. SPECIAL CONTROLS UPON DISPLAYS IN "PROTECTED BONUS AREAS" -- -- In addition to the Beale controls described In Section II and the general federal controls described in Section!!!, the following additional controls apply to displays located in "protected bonus areas" I A.I `'Protected bonus area" defined: 1. An area within 660 feet of the edge of the right of way of an interstate highway 2. The ant" width of which was acquired subsequent to July 1, 1956 3. But does NOT include those segment$ that pass through the following areas that are zoned for commercial and industrial uses (ectuai'use is not important): a. Areas that were within city limns on September 21, 1959, regardless of when the zoning was lmposedby the city b. Areas that were not within city limits on September 21, 1959. and where industrial or commercial zoning was imposed by the county on September 21, 1939. 8( Permitted displays: The. following displays we permitted in such "protected bonus areas" under applicable bonus regulations (Sections 5251 and 5415): - 1. Signs advertising the sale or lease of the property upon which they are located subject to the following limitations: A. Only one such sign is permitted to be visible to traffic proceeding in each direction on the interstate highway b. All of the additional limitations described in paragraph C hereafter 2. Signs advertising activities conducted on the property where they are located subject to the following limitations: a. Only one such sign is permitted to be visible to traffic proceeding in each direction on the Interstate highway If located more than 50 feet from the advertised activity b. All of the additional limitations described in paragraph C hereafter 3. Class 3 Signs (Twelve-mile sigma): Sipes advertising activities conducted within twelve air miles of the sign subject to the following limitations: a. Spacing limitations: (1) If located in advance of an intersection or of(-ramp: 0 —2 miles No signs permitted 2 —5 miles Six signs permitted Mom then Smiles Average of one sign per mile (2) Not more than two such displays permitted within any one mile (3) Displays must be spaced 1000 feet apart (4) No display permitted within 1000 feet beyond any entrance roadway (5) No such display permitted in publi.: packs which are officially designated as "scenic areas" b. Only one sign is permitted to be visible from each direction on the interstate highway for each single enter- pries or giving information about a single place C. All of the additional limitations described in paragraph C hereafter C. General limitations applicable to displays within "protected bonus areas": 1. Trade names are permitted only if the name of the activity is also displayed as conspicuously as such trade name (this limitation does not apply to on-premise signs located within 50 feet of the advertised activity) 2.' No display is permitted which moves or has any animated or moving parts, or is illuminated by moving or flashing lights 3. No display shall be more than 20 feet in width or height or 150 feet overall (except for on-premise signs within 50 feet of the advertised activity) ODA 5 - 3 I __ I STATE OF CALIFORNIA-DEPARTMENT OF TRP ORTATION Page I of 2 APP.NO. OUTDO I OR ADVERTISING STRUt,i URE PERMIT APPLICATION Front ODA-0002 (REV.8/93) DO NOT WRITE IN THIS SPACE PERSONAL INFORMATION NOTICE PuratanitoltlfFederelPdvacy"(PL93-579)mdtheCalifornklnformstionPracficesAcLofl977(a lI t q-)Nodee Is hereby given that eenain permtul Wonriidon is volwtitry.The PQhf7'i �M . ............... principal purpose of the volmtary Infortradon Is to facilitate Nis swcture permit Application. The o fafi to provide o �yoffi 0 '* uo"�`o er�aft processing . ....... ........... .. 14X X4 X 4lsued. No pp er,rm rI,� d ure oilanro` d�,A�egseeo 1798.24 1-f hour he- Ik�_,_he' ._q. has ea paternal Irf.tro,=.1.,ed I rd IdIvIdoe" . . ...............n "'IECTIONS. ISSUANCE OF A PERMIT WILL BE DELAYED UNLESS APPLICATION wig not be approved i(the advertising display Is in vogation ALL ITEMS IRE FILLED IN;IMPRINT IS PLACED;THE PROPER FEES REMITTED,AND of the Outdoor Advertising,State Regulations,or Local Ordinances. A copy will be returned lor your records. Make checks,mney orders,etc.,payable to DEPARTMENT OF TRANSPORTATION. APPLICATION non-refundable ❑ $moo RETURN TO' DEPARTMENT OF TRANSPORTATION PERMIT refundable filappficationnotsippratted ❑ $20.00 OUTDOOR ADVERTISING PROGRAM P.O.Box 942874-Sacramento,CA 94274-0001 PRELIMINARY REVIEW REQUEST only fifpraraviewls requested EI $200.00 V a "I u are separate displays and require separate applications. Z1h1pZnIr9 t "expire December 31. 1 Total Fees Due DISPLAY TI)PE. [:] GENERAL ADVERTISING ❑ MESSAGE CENTER(On-Pranuse) E] EXCEPTION(5405 of seq.) 1.DISPLAY 6WNER(Please print or lype name offinn owning strilctur"Ign) OUTDOOR ADVERTISING LICENSE? ❑ YES [] NO NAME OF OWNER OF FIRM STREET ADDRESS/P.O.BOX,CITY,ZIP CODE BUSINESS PHONE 2.PROPERTY OWNER,PERSON IN CONTROL OF PROPERTY UPON WHICH DISPLAY IS SITUATED(Print W Type Nam) STREET ADDRESS P.O.BOX,CITY,ZIP CODE BUSINESS PHONE Willits `lipPyoi PROPERTY OWNER MUST SIGN HERE IF CONSENT IS VERBAL -0001j luaed 3.DISPLAY�O BE INSTALLED IN(COUNTY4VAME OR INCORPORATED crry) on the N. S. E.W. of I STATE ROUTE NO. OR ROAD OR STREET NAME FEET/MILES 4E OF NEAREST CROSSROAD,OVER/UNDERPASS ASSESSOR'S PARCEL NO. ZONING 4.PROPOSED INSTALLATION DATE OWNERS LEASE NUMBER(Optional) CITATION NUMBER N display has been cited S.TO BE PLACED BY,NAME OF FIRM IRM'S ADDRESS 6. DISPLAYILOCATION SKETCH: Show U.S..State Route Nun-ban or Nam of Street: THIS SPACE FOR LOCATION SKETCH Show Narne of Nearest Crossroad,Over Underpass or Nearasl Landmark;DIstance Of I I I I I I I I I I Display from Intersection. Indicate Single panel thus-I,V-shaped display thus V. I W 7.DESCRIPTION OF DISPLAY PANEL I HEIGHT ILENGTH 1Material: METAL 114+ 1 1 1 1 1 1 1111 ❑ ❑WOOD [:]OTHER UPRIGHTS: �UMBER 1 SIZE Material:❑METAL E)WOOD D OTHER ILLUMINATION? INDICATE FACING N.S.E.W DISTANCE:PANEL TO GROUND F]�S E]NO I - 1111111 1 111 V-shaped at uctures are Separate displays and require separate applications. COPY: ONE SIDE 0 BOTH SIDES E]1/2 OF A V-SHAPED DISPLAY The applicant a agrees to place and makfain the a0vedising desaM above in a=rcwnm with me prowWsfans of the OuldwA= nslng Act Joulzo*9 ordinances,andany other apolkable regulations. The applicant understands Itteta — charge k)the#pprovedplystalwritgunitbn of size requires a newpooft ki advarce.The apirk;aref ortIles that — -do h I:f.,Pp arafree,and understands gut arty b7carradstatemenr of fad maybe ground; — Tire a parfol JIM d=fk lakeatlygrattled B.ADVERTISING COPY: j I FH+ SIGNATURE OF DISPLAY OWNER OR AUTHORIZED AGENT PRINT OR TYPE NAME DATE ADDRESS BUSINESS PHONE FMOO1175 SEE REVERSE SIDE 1 STATE OF CALIFORNIA•DEPARTMENT OF Tf 1PORTATION Page 2 of 2 OUTDOOR ADVERTISING STRLP ;TURE PERMIT/ APPLICATION Back ODA-"2 (REV.8/93) GENERAL INFORMATION "DEFINITIONS: FEDERAL-AID PRIMARY HIGHWAY. 'Primary highway'means any highway,other than an interstate highway,at any time officially designated as a part of the federal-aid primary system by the director and approved by appropriate authority of the federal government. INTERSTATE HIGHWAY.• 'Interstate highway'means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government. BONUS SEGMENT OF INTERSTATE HIGHWAY: 'Bonus segment'means any segment of an interstate highway which was covered by the Federal-Aid Highway Act of 1958 and the Collier-Tberg Act,namely,any such segment which is constructed upon right-of-way,the entire width of which was acquired after July 1,1956. LANDSCAPED FREEWAY.' 'Landscaped freeway'means a section or sections of a freeway for which a contract has been let for planting at least on one side of the freeway right-of-way of lawns,trees,shrubs,flowers or other ornamental vegetation which shall require reasonable maintenance. Displays may not be permitted if adjacent to and designed primarily to be viewed from a landscaped freeway"unless copy is restricted to no-premise advertising. GENERAL CRITERIA A. A State permit is required if the display will be visible from any highway or county road before the display is placed. B. The approval of local zoning authorities is required in addition to a State permit CRITERIA FOR INTERSTATE AND PRIMARY** CRITERIA FOR ALL PRIMARY AND INTERSTATE HIGHWAYS AND PUBLIC ROADS LOCATED HIGHWAYS ONLY: OUTSIDE OF INCORPORATED CITIES YES NO YES NO ❑ ❑ 1. Location must be outside of the right of way on any ❑ ❑ 1. Location where sign will be,must be within 1000'of an highway, existing inndusMal or commercial activity. ❑ ❑ 2. Display may not be designed to imitate or simulate ❑ El2. Location who?sign will be placed must be zoned any directional,warning,information or official sign nor 'industrial'orcommeraal'. be likely to be construed as one or giving any instructions to traffic. ❑ ❑ 3. Sign will be without any flashing or moving lights.(Time, ❑ ❑ 3. Location must be outside of any stream,channel or date, temperature signs are permissible.) below flood-water levels. ❑ ❑ 4. Sign will be at least 500'from the nearest sign on the ❑ ❑ same side d next to a freeway. 4. Display must be designed so there is no red,blinking or intermittent light that might be mistaken for a ❑ ❑ 5. Sign will be at least 300'from the nearest sign on same warning or danger signal. side it next to a non-freeway. ❑ ❑ 5. Display may not be designed to have an illumination ❑ ❑ 6. Sign will be at least 100'from the nearest sign on;gip so bright or so placed to blind or dazzle travelers on stile of anon-freeway within an urban area. the highway. O ❑ 7. rest if 111 si at least urban from an interchange or roadside 6. Display roust ar at least 300'term intersection except rest if outside of an urban area. on the crossbar side of a T-intersection. ❑ ❑ 8. Sign will be 1200 square feet or less in area,and not 7. Display must me located so as not to obstruct or over 60'long or 25'high. prevent a clear view to approaching i for e distance of 300'unless some other permanent building or structure already obscures such vision. Other criteria for all primary and interstate highways ❑ ❑ for variable message center displays: 8. Display must be located so as not to prevent any traveler on any highway from obtaining a clear view of ❑ ❑ 9. Sign will advertise only on-premise copy or time,dale, approaching vehicles for a distance of 500'. temperature,weather,or similar information. ❑ ❑ 10. Sign will not be in motion or appear to be in motion or change intensity of illumination. IF SIGN LOCATION IS ADJACENT TO BONUS SEGMENT OF AN INTERSTATE HIGHWAY": ❑ El1 t. Sign will expose its message a minimum of 4 seconds wig intervals between messages of at least one second. Location must be at least 2 miles in advance of next exit roadway. ❑ ❑ 12. Sign will be at least 1000'from another message center. Location must be at least 1000'past the last entrance roadway. Display must be at least 1000'from the nearest sign facing same direction of traffic on either side of highway. Sign may not exceed 150 square feet in area or 20'in length or height. Sign will have no moving or animated parts or any type of flashing light. FM 901175 structdre wllerean automobiles are dasp �yed fc�r salt �ri addation, atomobxle dealerships may be peraiatted ;,up to. �Orty i��3 aquas feet ofsa,gn area EQ� the @xcl�lsiv'� use: o£ logos, and corresponding names, representing theanakes o� autnmob3les sold by 'the dsa�ership,, add3taonal°; area; shall: not be granted �or-multxple street �rsntages:: Freeway.. I'dw Ire addztaon to other signs;; pexms;tted ; ,. . frae�?ay oraa�ted sig�is d�s�gne� to be vzewe� primaraly from :Interstate 1t� an tk�e uacYnaty of the7hitewater ° $ndsat AvenusjSt�d�an �di3y0ri Drue and �sne Autry T�aa.l' intexsect3os may e permitted i?y the Plannan3 Comma scion on properta�s dssa�nated a�liaghviay �nm�erca.al� � by either; theonang Ordanarice or the Genaral Plan, pursuant to Section 9404 4� (7irchatettural Resr�ewjagns shall be so nonstructed, •iexecte;c� and maantazned to insure pxopr�ety as�d �teg��ti,nn ;:with t1�e surrounding enva.ronment„ topography and land. used The follvwar�g; standards a ntet�ded tn! etrit soh sa gas,;to freeway ;i oraerzted b�sanesses and set. deuelopment standards: . a ;one {�:) freeway oriented =sign.:gay ba:., a1�.owed to . den'G �y �h� name of; the freewa oriented ass whack Y occupies the:: lama ,parcel.,: on wha,ch the sign is ]ncat�Cl ��cc�pt as' othexwzs�: -prov`aded here�,� �reewa�. or�eriter3 uae means any bus�ness :or grz�u� o bus�.n�ssss which as ;thear pramar� purpose cater t the nonresident, tra'veling`.publid; on Intexstatie 14 '; Such..uses shall. bs l.i�na.ted to hote�.s, ;restaurant and automoba.l�e servyce stations. or other s3�na.lar busat}usscs z� the R�.a�J�a.�'?g Comm�.ss�o� x3etex�nanes! that said business :pr5.marly and oustomaral.y ,taould dater � :to the I�3Cex`State; trav�7:er ;A freeway oraent�d sagn: may also last adjacent or::neaxby: off grema.se fraaway Cr�arritad kins�.ne5sss �n .:the Hxghwaj Commerca.a�. (H-C) Zone I3o*ae�rer: a fxeeway oriented business may listed on Only oxe freeway orie�ttei sign str�ct�re... b A freeway oriented : ign ;;a_dentfyang a freeway:; pxa•eu��d use : Bhall :;be .......w�.than n�ic thwusa�d I7.4d4} feet bf the pgant :of antersect� on o£ :the freeway wsth Chc strest served by;ramps frnm s�i.d freeway c pro freeway o� ,ented;'sig�t ±+E2y �,� 14Gatetrtolosex than .. ...:. ::.•three :humdred �3Di3} feet .•from any other freeway; orrentQd Sign stx�cture : unl.sss separated "by o: public; street freeway oriented sign strudtures adversely o? seure the asabalatyf another existing` freeway �sa.er�tsd sa.gr structure fa:r�m Intersfate..,14}:; .................................................... signord4.zta - 8/25/95 14 4 feet shay be `approved. only after; review of a; flag test I=A pro•�e need that ::the requesters k�e�.g �t as fifty `(503 feet The height may be �noreased ar aaditional five feet for "each acldztzorial business: e6o t 6.K. 'R . .......... .. e The H V .................. m '&� - -. : - 1: , - P:19A. .... ..... ....... face ah, �.Rwo iihW 1444'iV� vvtm I., ................... h t "MA.- Ch g K, .......... - 4i of n1.11 .;:The ..... t "Et f per bus'�ness t;m be uric) foot . snertical off ;: horizontal dimension, three VAA-g ffiii a, 6.'M �1 M'U ns a signs underground .... ng .................. . sery SECTION 9320 . 06 PERMITTED SIGNS APARTMENTS, HOTELS AkOAIT .19t AND RESIDENTIAL -RAiLB This Section shall be applicable to apartments, hotels, resort hotels, residential 3-a-t--3- mobli.eshome: parks, and miscellaneous businesses and uses al lowed in res*id&5ht;ial zones . The aumbe andmax obift cc nsideriatiozs g...... n..... A. MAIN SIGNS 1 . Apartments, Hotels, Condominium Complexes, and Residential T-Ytee= I oba1'fh&g Parks . Apartments, hotels and residential �Aal hall be allowed ;.-;,L gh..p"q parks s one (1) sign of twenty (2' re feet, plus one (1) additional square foot of sign area for each separate signord4.zta - 8/25/95 15 IV. SPECIAL CONTROLS UPON DISPLAYS IN "PROTECTED BONUS AREAS" In eddl tlon to the basic controls described In Section !f and fit general federal controls described in Sealant Ill. the following additional control apply to displays located In "protected bonus areas" A. •'Protected bonus area" defined: 1. An area within 660 feet of the edge of the right of way of an interstate highway 2. The entire width of which was acquired subsequent to July 1, 1956 3. But does NOT include those segment& that pass through the following areas that are zoned for commercial and industrial uses (actual use is not important): a. Areas that were within city limits on September 21, 1959, regardless of when the zoning was hoposedby the city b. Areas that were not within city limits On September 21, 19S9, and where industrial or commercial zoning was imposed by the county on September 21, 19S9. B. Permitted displays: The. following displays are permitted in such "protected bonus areas" under applicable bonus regulations (Sections 5252 and 5415): 1. Signs advertising the sale or lease of the property upon which they arc located subject to the following limitations: a. Only, one such.sign is permitted to be visible to traffic proceeding in each direction on the interstate highway b. All of the additional limitations described in paragraph C hereafter 2. Signs advertising activities conducted on the property where theyarc located subject to the following limitations:. a. Only one such sign is permitted to be visible to traffic proceeding in each direction on the interstate highway if located more than 50 feet from the advertised activity b. All of the additional limitations described in paragraph C hereafter 3. Class 3 Signs (Twelve-mile signs): Signs advertising activities conducted within twelve air miles of the sign subject to the following limitations: a. Spacing limitations: (1) If located in advance of an intersection or off-ramp: 0 — 2 miles No signs permitted 2 —5 miles Six signs permitted Mom than 5 miles Average of one sign per mile (2) Not more than two such displays permitted within any one mile (3) Displays must be spaced 1000 feet apart (4) No display permitted within 1000 feet beyond any entrance roadway (5) No such display permitted in publi.: perks which are officially designated as "scant areas" b. Only one sign is permitted to be visible from each direction on the interstate highway for each single ante" prise or giving information about a single place C. All of the additional limitations described in paragraph C hereafter C. General limitations applicable to displays within "protected bonus areas": 1. Trade names ate permitted only if the name of the activity is also displayed as conspicuously as such trade name (thin limitation does not apply to on-premise signs located within 50 feet of the advertised activity) 2.- No display is permitted which moves or has any animated or moving parts, or is illuminated by moving or flashing lights 3. No display shall be more than 20 feet in width or height or 150 feet overall (except for on-premise signs within 50 feet of the advertised activity) — 3 — ODA 5 r � MEMORANDUM TO: Steve Smith FROM: Martin Alvarez DATE: October 11, 1996 SUBJECT: Freeway Signage Riverside County Freeway Sign Regulations: Within 600' of Freeway; • Max Height 45 Feet • Max 150 Sqft. Office of Outdoor Advertisement; (Billboards) • Must be within 1000 feet of Commercial Activity • Property must be zoned Commercial or Industrial • Not in Scenic Corridor • Max 1200 sqft. (Billboard max 20 foot high) • Min. 500 foot spacing between billboards SUMMARY OF ADVERTISING DISPLAY CONTROLS UNDk--TM i OUTDOOR ADVERTISING ACT.AIENDED 1983 -- ._._.. ......_- .--------- ----------"--- L DISPIATS PARTLALLT EXCLUDED FROM THE PROVISIONS OF THE ACT The following advertising displays are generally excluded from the provisions of the law: I. Official notices Issued by public bodles 2. Legal notices 3. Oificial directional warning or infomrational structures However,displays described in paragraph 3 above and placed along interstate and primary highways must conform to standards that have been promulgated(See Title 4.Chapter 6.Subchapter 4.Directional and Other Official Signs and Notices). EL BASIC DIPIAY CONTROLS The following controls are imposed upon all advertising displays located within view of all public tate andads outside of incorporated including cues. plus advertising displays the copy of which is visible from the main traveled way all highways within titles(Section 5271). I. Permit Requirements For all advertising displays located outside of incorporated clue and all displays Placed on or after November 5350L ,the copy h hits a permit must be obtained (Section unless such' which 18 visible from all interstate and primary highways In c display. a. Advertises the sale or lease of the property upon which it is located G Name the owner or occupant or Identifies the premises.or If the is on a sidl Advertises tthe h ghway and within L000 feet ofsuch aces ctivity rendered oor goods000 feet from the entrance to such site(Section�5272L the same 2. Licensing Requirements -- A person engages in the business of outdoor advertising whenever he personally or through employees Places advertising displays containing advertising which does not pertain =clmtvcly to his own business, or change the advertising message of such advertising displays(Section 5300).No person shall engage in the business of outdoor advertising without first having paid the license fee 3. General Prohibitions _The following displays are prohibited along such highways: a If located within the right of way(Section 5403) IL If visible from any highway and simulates a traffic control device or if likely to be mistaken for such device(Section 5403),or li attempts to direct traffic Nehicle Code Section 21465) C. If looted within a channel where it might be swept under a highway structure(Section 5403) d. If not maintained in a safe condition(Section 5403) e. If visible from any highway and displaying any red or blinking or intermittent light likely to lx mistaken forawamingor danger signal(Section 5403) L If any illumination thereon is of such brilliance orso positioned as to blind ordaule thevlsion of travelers on adjacent highways (Section 5403) g, If located within certain described areas outside of business districts near Intersections or obstructing the view of approaching vehicle as described in Section 5404 h. If not complying with the wind pressure resistance test of Section 5401 L If it contains copy that is obscene Indecent or Immoral.etc.In violation of Section 5402} If such highway is also afullrmeway(as defined in Section 52121 and III)(slandscaped(as defined in Section 5216).the ffool _arily b8 additional controls apply.No advertising displays are permitted If the advertising display is designed to be viewed p, persons traveling on such landscaped section of a f recway(Section 5440).except that signs are permitted to: (1) Advertise the sale or lease of the property (2) Designate the name of the owner or occupant of the premises (3) Advertise goods manufactured or produced or services rendered on the property D. RemovaL• Any advertising display in violation of any of the foregoing requirements should be removed immediately n pursuant to the summary y M. CONTROLS APPLICABLE TO DISPLAYS HAVING COPY VISIBLE FROM FEDERAL INTERSTATE AND PRIMARY HIGHWAYS /All basic display controlsdescribed in II apply_.tosuch-R&Sjt-ain splays - ---.--.-isplays of the following type are permitted if visible from any such highway: ey display flashing. intermittent. or moving light or lights(Section 5403) 2. If they am placed upon trees, rocks, or other natural features(Section 5403) Outside of"business areas" only the placing of new displays of the following types are permitted: 1. Directional or other official signs or notices (such as natural wooden, scenic and historical attractions) which comply with regulations promulgated by the director (Section 5405). Also, see Title 4, Chapter 6, Subchapter 4, Directional and Other Official Signs and Notices. 2. Displays advertising the sale or lease of the property upon which they sre located (Section 5405). For such signs placed within"protected bonus areas'see Title 4,Chapter 6,Subchapter 2,Section 2303, Class 2—On-Premise Signs. 3. Displays advertising the business conducted or services rendered or the goods produced or acid upon the premises (Section 5405). For regulations restricting such displays within "protected bonus areas" see Title 4, Chapter 6. Subchapter 2, Section 2303, Class 2 and Class 3—Signs Within 12 Niles of Advertised Activities. 4. Official displays giving information in the specific interest of the traveling public placed in accordance with regulations promulgated by the director (Section 5405). Also, see Title 4, Chapter 6, Subchapter 2, Section 2303, Class 4—Signs in the Specific Interest of the Traveling Public, and Subchapter 4. Within "business areas", only new displays conforming to the following standards may be placed: ("Business area' is the area where a commercial or business activity is being conducted, plus an area` within 1000 feet measured in each direction from the nearest-edge of a commercial or industrial building or activity, so long as the property upon which the display is placed is zoned primarily for industrial or commercial activities or is not zoned at all (Sections 5223 and 5205). "Commercial or industrial activity" does not include the outdoor advertising business or the business of wayside fresh produce vending.) 1. Size Such displays are limited to a maximum of 1200 squareleetln area; maximum height of 25 feet and maximum length of 60 feet; two advertising displays not exceeding 350 square feet each may be erected in a single facing. All such advertising displays lawfully in existence on August 1, 1967, which exceed 1200 feet may be maintained in existence (Section 5408). 2. Lighting Such displays shall not be placed with illumination that interfereswith official traffic signs; devices, or signals; shall not include flashing, intermittent, or moving lights (except such that give public service information such as time, date, temperature, weather, etc.); shall not cause beams or rays of light of such intensity as to cause glare or impair the vision of any driver or interfere with any driver's operation of a motor vehicle (Section 5408). 3. Displays shall not be placed to obstruct or interfere with official traffic control devices or interfere with the vision of driven in approaching, merging, or intersecting traffic (Section 5408). 4. Spacing _ a. General spacing provisions: (1) On all interstate highways and primary freeways: Them must be at least 500 feet between displays an the same side of the highway. (2) On interstate highways and primary freeways located outside of cities: No display is permitted within S00 feet of an interchange or intersection at grade or safety roadside rest area. (3) On nonfineway primary highways outside of cities: At least 300 feet between displays on the same side of such highway. (4) Nonfreeway primary highways located in cities: At least 100 feet between displays on the same side of such highway. b. These spacing provisions do not apply to displays separated by buildings or other obstructions so that only one display located within the above spacing distances is visible from the highway at any one time. c. This section does not prevent placing of double-faced, back-to-back, or V-type advertising displays with a maximum of two signs per each facing. d. These spacing requirements do not apply to the advertising displays described in paragraph C. e. Displays lawfully in existence on August 1, 1967, which do not conform to these spacing provisions, may be maintained in existence (Section 5408). _ 2 _ IV. SPECIAL CONTROLS UPON DISPLAYS IN "PROTECTED BONUS AREAS" !n &ddlilon to the 6aale controls described In Section ll and the general federal controls described In Section Ill, the following additional controls apply to displays located in "protected bonus mesa" A. ''Protected bonus area" defined: 1. An area within 660 feet of the edge of the right of way of an interstate highway 2. The entire width of which was acquired subsequent to July 1, 1956 3. But does NOT include those segments that pass through the following area& that are zoned for commercial and Industrial uses (actual use is not Important): A. Areas that were within city limits on September 21, 1959, regardless of whm the zoningwas imposeciby the city b. Areas that were not within city limits on September 21. 1959. and when industrial or commercial zoning was imposed by the county on September 21, 19S9. B. Permitted displays: The following displays are permitted in such '&protected bonus areas" under applicable bonus regulations (Sections 5251 and 5415): 1. Signs advertising the sale or lease of the property upon which they are located subject to the following limitations: a. Only one such sign is permitted to be visible to traffic proceeding in each direction on the interstate highway b. All of the additional limitations described in paragraph C hereafter 2. Signs advertising activities conducted on the property when-they are located subject to the following limitations: A. Only one such sign is permitted to be visible to traffic proceeding in each direction on'the interstate highway If located mom than 50 feet from the advertised activity b. All of the additional Limitations described in paragraph C hereafter 3. Class 3 Signs(Twelve-mile signs): Slips advertising activities conducted within twelve air mites of the sign subject to the following limitatiors: A. Spacing limitations: (1) . If located in advance of an intersection or off-ramp: 0 -2 miles No signs permitted 2 -5 miles Six signs permitted Mom than 5 miles Average of one sign per mile (2) Not more than two such displays permitted within any one mile (3) Displays must be spaced 1000 feet apart (4) No display permitted within 1000 feet beyond my entrance roadway (5) No such display permitted in pul lie pinks which are officially designated as "scenic areas" b. Only one sign is permitted to be visible from each direction on the interstate highway for each single enter- prise or giving information about a single place C. All of the additional limitations described in paragraph C hereafter C. General limitations applicable to displays within "protected bonus areas": 1. Trade names are permitted only if the name of the activity is also displayed as conspicuously as such trade name (this limitation does not apply to on-premise signs located within 50 feet of the advertised activity) 2.' No display 1n permitted which moves or has any animated or moving parts, or is illuminated by moving or flashing lights 3. No display shall be more than 20 feet in width or height or 150 feet overall (except for on-premise signs within 50 feet of the advertised activity) - 3 _ ODA 5 s CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: CITY COUNCIL FROM: DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: APRIL 9, 1997 SUBJECT: FREEWAY SIGNAGE Councilman Spiegel requested that staff investigate whether it is possible to place business signs on the Cal Trans right-of-way, (i.e., Interstate 10). We have checked with Cal Trans and they have a Business Logo Signing Program. These signs provide information regarding availability of fuel, food, lodging and camping. Under the program Cal Trans, for a fee, furnishes, installs and maintains specific information panels and supplemental directional panels within the highway right-of-way. The specific information panels are located adjacent to travel lanes one-quarter mile to one and one half miles in advance of an off-ramp. The panels describe a service available and provide directional information (i.e., Fuel Next Right) and provide space for up to six (6) individual business panels. Supplemental directional panels are located at or near the end of the off-ramp and provide further direction to the actual business. There is space for up to six individual business signs. The business signs depict business name, brand name, logo, trademark and commercial symbol of the business or combination of the above. According to Cal Trans, a motorist approaching an interchange with the maximum number of businesses offering the four types of services would pass four separate specific information panels, one each for "CAMPING", "LODGING", "FOOD", and "FUEL" in that order on the freeway and the same number of supplemental panels in the same order on the off-ramp. The signs can accommodate up to six individual business signs. At interchanges where full signing is not necessary, two groups of services may be combined on one sign identifying up to two businesses in each group. 1.� s 1 CITY COUNCIL FREEWAY SIGNAGE APRIL 9, 1997 The information which we received did not indicate what size the business signs would be. In Nevada staff observed these types of signs and they were quite legible and appeared to be 30 inches or 36 inches square. As well, the information we received indicates that this program only applies to rural areas on all freeways. We have contacted Cal Trans to seek clarification on the above two issues. April 10, 1997 1 spoke with Ed Ehtrim of Cal Trans who advised that if the highway is posted at greater ,than 65 mph then it is classified as rural. The stretch of 1-10 between Monterey and Washington Street is posted 70 mph. The actual business signs are a minimum of 36 inches square and may be bigger. T-�GZ.0 I STEVE SMITH PLANNING MANAGER /tm 2 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 2, 1996 Present: Jim Foxx, Bob Leo, Tim Bartlett, Jean Benson, Katrina Heinrich, Steve Smith The committee discussed the pros and cons of establishing a freeway commercial overlay district. The committee concluded that the city should create an overlay district where drive thru/drive up restaurants, and service stations would be permitted. Failure of the city to permit these uses would result in these uses going across the street in other jurisdictions. The committee discussed how large these overlay areas should be and discussed each of the off ramps from I-10 separately and decided on the amount of area to be designated. The committee decided that the district should be called"Freeway Commercial Overlay District". Regarding drive-thru restaurants, the committee felt they should be within a"Food Park"which would be 5 - 10 acre areas which would be master planned for several fast food(drive-thru) restaurants. Master planned area could include dog park,kids land, community picnic area, and could be combined with convenience store and fuel station. These master plan areas would need to be reviewed and approved prior to first restaurant proceeding. The committee discussed the necessity of having freeway visible signage to identify these freeway commercial uses. Height would need to be based on the topography and the location. The city would need to determine what uses could expect to have spaces on these signs. The committee concluded by requesting staff to check into regulation in place in other cities and counties. The idea was that we should look at off site signage for several users and that this signage would be master planned at each off ramp. SS/db a N AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, APRIL 16, 1997 COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A) REVIEW OF FOURTH DRAFT FOR R-1 ZONE DISTRICT ORDINANCE B) RECONSIDERATION OF SIGNAGE IN THE FREEWAY COMMERCIAL OVERLAY ZONE AND PRESENTATION BY FUDGE ROBERTS OF FAIRWAY OUTDOOR ADVERTISING III. ADJOURNMENT 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. 25.16.010 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 Rl district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home occupations, 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; F. Private schools and colleges, not including art, business, or trade schools or colleges; r Chapter 25.16 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(RI)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; 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) 2 Chapter 25.16 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 RI 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. 25.16.090 Front, rear and side yard setback exceptions. 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 of at least 25 feet for the remaining 25 feet of its width). 3 Chapter 25.16 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. 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: A. 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 B. 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 maybe 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 quali1y 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. 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; 4 Chapter 25.16 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/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/snorts 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 line. 5 1. ORDINANCE NO. 821 AN ORDINANCE OF THE CITY OF PALM DESERT ESTABLISHING MINIMUM PRIVATE SWIMMING POOL CHILD SAFETY STANDARDS FOR THE PREVENTION OF ACCIDENTAL DROWNING BY CHILDREN WHEREAS, child drowning in private swimming pools is a major cause of death in children under four (4) years of age; WHEREAS, the City of Palm Desert encourages all parents of young children to provide constant supervision when children are in the vicinity of swimming pools and spas ; WHEREAS, the City of Palm Desert strongly encourages that all homeowners associations within the city to allow and not unduly restrict parents of young children to voluntarily install safety barriers around existing swimming pools and spas; WHEREAS, it is the furtherance of the public health, safety and welfare for the City Council of the City of Palm Desert to adopt swimming pool child safety standards . WHEREAS, to protect the public health, safety and welfare of the children and citizens of the City of Palm Desert, California Government Code Section 36934 authorizes the City Council to adopt a swimming pool child safety standards ordinance as an urgency ordinance; and WHEREAS, California Government Code Section 36937 requires that an urgency ordinance be adopted by a four-fifths vote of the City Council . The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows : Section 19 . 01. 070 to Section 19 . 01 . 110 of the code of the City of Palm Desert is hereby added as follows : "Section 19 .01. 070 - Generaln The provisions of this section applies to the design and construction of barriers for swimming pools located on the premises of Group R, Division 3 Occupancies as defined by the Uniform Building Code . The provisions in this ordinance shall apply to . swimming pools and spas constructed on or after the effective date of this ordinance. ORDINANCE NO. 821 — Page 2 EXCEPTION: These standards shall not apply to private pools or spas constructed within privately patrolled, gate guarded communities. Standards of Quality: In addition to the other requirements of this code,. safety covers for pools and spas shall meet the requirements for pool and spa safety covers as listed below. The standard listed below is a recognized standard. "Section 19 .01.080 - Definitions" For the purpose of this section, certain terms, words and phrases are defined as follows: ABOVEGROUND / ON-GROUND POOL: See definition of "swimming pool" . APPROVED SAFETY POOL COVER: A manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM) , in compliance with standard F1346-91. BARRIER: A fence, wall, building wall, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. GRADE: The underlying surface such as earth or a walking surface. HOT TUB: See definition of "spa, non-self-contained" and "spa, self-contained" . IN-GROUND POOL: See definition of "swimming pool" . SEPARATION FENCE: A barrier which separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool . SPA, NON-SELF-CONTAINED: A hydromassage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor-driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. It is intended for recreational bathing and contains water over 24 inches (610 mm) deep. ORDINANCE NO. 821 Page 3 SPA, SELF CONTAINED: A continuous-duty appliance in which all control, water-heating and water-circulating equipment is an integral part of the product, located entirely under the spa skirt . A self contained spa is intended for recreational bathing and contains water over 24 inches (610 mm) deep. SWIMING POOL: Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground, and on-ground swimming pools; and fixed-in-place wading pools . "Section 19 . 01. 090 - Requirements" OUTDOOR SWIMMING POOL: An outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The barrier shall comply as follows : 1 . The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool . The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool . The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid surface such as a concrete deck, or when the barrier is mounted on top of the aboveground pool structure. When barriers have horizontal members spaced less than 45 inches (1143 mm) apart, the horizontal members shall be placed on the side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. 2 . Openings in the barrier shall not allow passage of a 1 3/4 inch-diameter (44 mm) sphere. EXCEPTIONS: 1 . When vertical spacing between such openings is 45 inches (1143 mm) or more, the opening size may be increased such that the passage of a 4 inch-diameter (102 mm) sphere is not allowed. ORDINANCE NO. 821 — Page 4 2 . For fencing composed of vertical or horizontal members, the spacing between vertical members may be increased up to 4 inches (102 mm) when the distance between the tops of horizontal members is 45 inches (1143 mm) or more. 3 . Chain link fences used as the barrier shall not be less than 11 1/2 gauge. 4 . Access gates shall comply with the requirement of Items 1 through 3 . Pedestrian access gates shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the gate, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches (76 mm) below the top of the gate, and (2) the gate and barrier shall have no opening greater than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. Pedestrian gates shall swing away from the pool. Any gates other than pedestrian access gates shall be- equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. 5 . Where a wall of a Group R, Division 3 Occupancy dwelling unit serves as part of the barrier and contains door openings between the dwelling unit and the outdoor swimming pool, which provide direct access to the pool, a separation fence meeting the requirements of Items 1 though 4 shall be provided. EXCEPTION: When approved by the building official, one of the following may be used: 1. Self-closing and self-latching devises installed on all doors with direct access to the pool with the release mechanism located a minimum of 54 inches (1372 mm) above the floor. 2 . An alarm installed on all doors with direct access to the pool . The alarm shall sound continuously for a minimum of 30 seconds within seven seconds ORDINANCE NO. 821 Page 5 after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 dBA when measured indoors at 10 feet (3048 mm) . The alarm shall automatically reset under all conditions . The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last no longer than 15 seconds . The deactivation switch shall be located at least 54 inches (1372 mm) above the threshold of the door. 3 . The pool, hot tub or spa shall be equipped with an approved pool safety cover. 4 . Other means of protection may be acceptable so long as the degree of protection afforded is not less than that afforded by any of the devices described above. 6 . Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 though 5 . When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items 1 through 5 . INDOOR SWIMMING POOL: For an indoor swimming pool, protection shall comply with the requirements of Section 19 . 01 . 090 , Item 5 . SPAS AND HOT TUBS: For a non-self-contained and self- contained spa or hot tub, protection shall comply with the requirements of Section 19 . 01 . 090 . EXCEPTIONS: A self-contained spa or hot tub equipped with a listed safety cover shall be exempt from the requirements of Section 19 . 01 . 090 . ORDINANCE NO. 821 — Page 6 "Section 19 . 01.100 - .Violations" It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is deemed guilty of a misdemeanor in accordance with Palm Desert Municipal Code, Chapter 1 . 12 . "Section 10 . 01.110 - Severability" If any provision, clause, sentence, or paragraph of this chapter, or the application thereof, to any person, establishment, or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable . The City Council finds and determines that it is in the best interest of the public health, safety and welfare of the children and citizens of the City of Palm Desert to immediately -adopt a swimming pool child safety standards ordinance, and the following urgent circumstances justify that this ordinance take effect immediately upon its adoption: 1 . Child drowning in private swimming pools is a major cause of death in children under four (4) years of age, and the immediate implementation of swimming pool child safety regulations will help to combat this problem. 2 . The State of California passed Assembly Bill 3305 in 1996, which allows local political subdivisions to adopt swimming pool child safety measures on or before January 1, 1997 . If a local political subdivision fails to do so, the child safety standards will be binding on local political subdivisions effective January 1, 1998 . Local political subdivisions will be unable to enact or enforce any other swimming pool child safety regulations . 3 . The City of Palm Desert has enforced and continues to enforce Riverside County Ordinance No. 421 with . respect to swimming pool child safety standards . In order for the City to continue to regulate swimming pool child safety in accordance with the standards it has always applied, Assembly Bill 3305 requires the City to adopt its own swimming pool child safety standards on or before January 1, 1997 . ORDINANCE NO. 821 PAGE 7 4 . ' It is in the best interest of the City of Palm Desert to have its swimming pool child safety standards ordinance effective immediately, so that the City can continue to regulate swimming pool child safety in accordance with the standards it has always applied and in order to continue to protect the children and citizens of the City of Palm Desert . PASSED, APPROVED, and ADOPTED this 12th day of December, 1996, by the City Council of the City of Palm Desert, California, by the following vote: AYES : BENSON, CRITES, SNYDER, SPIEGEL, KELLY NOES : NONE ABSENT: NONE ABSTAIN: NONE RICHARD S. KELLY,14ATOR City of Palm Desert/ esert California ATTEST: 38EILA R:AILLIGAN. CITY CLERK City of Palm Deg!t/rA, California AGENDA �J ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, MARCH 5, 1997 3:00 P.M. - COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER U. DISCUSSION ITEMS: A. REVIEW OF SECOND DRAFT FOR R-1 ZONE DISTRICT ORDINANCE B. REVIEW OF HOME OCCUPATION ORDINANCE III. ADJOURNMENT SS/db s Chapter 25.16 R1 SINGLE-FANIILY 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 Rl 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 Rl district: A. Accessory building, uses, and/or structures; B. Domestic animals; C. Home occupations, 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; F. Private schools and colleges, not including art, business, or trade schools or colleges; Chapter 25.16 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 Vercent; 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) 2 Chapter 25.16 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 RI 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 ro =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 Mroval 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 provide for adequate shadingof f major glass areas on the east and west exposures. 25.16.090 Front and rear yard setback exceptions. Front and/or rear Yard setbacks may be reduced by up to twentyfive 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 of at least 25 feet for the remaining 25 feet of its width). 3 Chapter 25.16 Notwithstanding the preceding in the R-I 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. 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). 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 vard 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. 25.16.120 Private tennis courts and sports courts. Private tennis courts are subiect 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 for each residential parcel of land: C Private tennis courts shall not be used for commercial purposes and shall be used only by the residents and their invited guests: D. All tennis court 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 landscgpe and irrigation plan shall be rovided for review and approval by the Architectural Review Commission. F. if the proposal for aprivate tennis court includes the provision of lighting for night play the owner/applicant shall provide fully engineered lig_htingplan pursuant to the provisions of Chapter 24.16 The City of Palm Desert California Outdoor Lighting Requirements: 4 Chapter 25.16 G. If the tennis/Worts 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 enclosed with appropriate fencingl2ursuant to the requirements of Ordinance No. 821 as amended. 25.16.140 Satellite dish antennas. A satellite receiving dish of five (5) feet or more in diameter must conform to the following standards. A. The receiver shall not be visible from the street or be 121aced 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 prop= line or eighteen(18) feet otherwise. 25.16.150 Air conditioning equipment. e t shall be located closer than five 5 fee an roe line No air conditioning euunm n I� Y property 5 25.66.010 Chapter 25.66 machinery equipment or stock material does not gen- crate, emit or create noise, dust, vration, odor,ib HOME OCCUPATIONS smoke,glare,electrical interference,fire hazard or any I other hazard or nuisance to any greater or more fre- SecUonst quent extent than normally experienced in an average 35.66.010 Purpose. residential neighborhood. 25.66.020 Regulations. G. A home occupation shall not create any radio or 25.66.030 Use permit. television interference or create noise audible beyond 25.66.040 Term and renewal of permits. the boundaries of the site. 1 25.66.050 Appeals. I-L No sale of products or service on the premises except by mail or telephone. 25.66.060 Permitted uses. L No contact with the public on the premises except 25.66.00 Prohibited uses. ` 25.66.080 Permit fees. by mail or telephone. 1 J. Vehicles: 1. It shall be unlawful to park or store any commer- 25.66.010 Purpose. cial vehicle on property which is zoned for residential 1 This chapter is intended to provide for those uses use.One pickup truck or van of one ton or less shall be 1 customarily conducted entirely within a dwelling and exempted; carried on by its occupants. The use must be clearly 2 "Commercial vehicle"means a vehicle of a type ( incidental to the use of the dwelling and may not required to be registered under the California Vehicle ` change the character thereof nor adversely affect the Code as a commercial vehicle and used or maintained rues permitted in the district of which it is a part The for the transportation of persons for hire, compensa- purpose of a home occupation shall be limited to the tion,or profit or designed,used or maintained primar- use of the home for telephone and mailing address ily for the transportation of property used in the home purposes only.(Ord.253 (part), occupation. E K A home occupation shall not create pedestrian, 25.66.020 Regulations. automobile,or truck traffic significantly in excess ofthe Home occupations allowed by the provisions of this normal amount of the district title shall be granted by the zoning administrator pro- L No delivery to or from the premises by commer- vided the home occupation complies with the following cial vehicles,cars,vans or station wagons of a supplier 1 regulations: or vendor.Delivery of product and pickup of supplies A. There shall be no stock in trade other than prod- or materials shall be made in a noncommercial vehicle, 1 ucts manufactured on the premises. by the proprietor or resident help of the home occupa- B. A home occupation shall not be conducted in a tion. dwelling and shall be clearly incidental to the use of the M. No more than four hundred square feet of the structure as a dwelling. dwelling area,shall be employed for the home occupa- C. A home occupation shall not be conducted in an tion. accessory structure, and there shall be no storage of N..No garage, accessory building or open ground equipment or supplies in an accessory structure or space shall be employed for home occupation or for j outside the dwelling. storage of equipment,supplies or products,except the 1 D. There shall be no external alteration of the vehicle, and equipment, supplies or products stored dwelling in which a home occupation is conducted,and within the vehicle,employed by the home occupation. the existence of a home occupation shall not be appar- (Ord.253(part),1981) ent beyond the boundaries of the site. E. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation. 25.66.030 Use permit fF. No mechanical, electrical equipment, or stock A. Application for a home occupation use permit material shall be used other than that customarily shall be made to the zoning administrator on a form found in the home associatedwith a hobby or avocation supplied by the city planning commission.The zoning not conducted for gain or profit except machinery, administrator shall issue a permit upon determining equipment or stock material which is essential in the that the proposed home occupation meets all the re- conduct of the home occupation, providing that such quirements of this chapter. 437 ?5.66.030 B. Applicant for home occupations permit shall 13. Sale of product or service (mail, telephone,or provide the zoning administrator with the name and, off premises sales)to public or business firms; address of the property owners of adjacent properties 14. Typist and those across a street or alley from the property in j B. Production and assembling of small quantities of which the home occupation will occur. items such as: C. 'the zoning administrator shall notify adjacent 1. Drapes; residents of said application,and determine if there are 2 Clothing; any objections to the issuance of said permit 3. Games; D. The zoning administrator shall notify adjacent 4. Jewelry; property owners of his decision.(Ord.253(part),1981) 5. Knick-knacks; 6. Macrame; 25.66.040 Term and renewal of permits. 7. Novelties, A. All use permits for home occupations shall con- 8. Potted plants; tiaue in eAstence and shall be automatically renewed 9. Toys (Ord.253 (part),1981) on a year-to-year basis unless the zoning administrator denies renewal inaccordance with the provisions ofthis 25.66.070 Prohibited uses. .chapter. A. The following uses by the nature of the invest- B. If applicant agrees the zoning administrator may ment or operation have a pronounced tendency once issue a home occupation permit for less than one year. started to rapidly increase beyond the limits permitted C. If during the year the zoning administrator finds for home occupations and thereby substantially impair that the home occupation has become a nuisance to the use and value of a residential neighborhood.These surrounding property owners, the administrator may specified uses shall not be permitted as home occupa- i revoke said permit(Ord.253(part),1981) tions: 1. Auto repair, S 25.66.050 Appeals 2 Barber and beauty shops; The decision of the zoning administrator may be 4.3. CaBic repair; wo appealed to the planning commission in the manner PPe P B 5. Dance instruction; I prescribed in Sections 25.86.020 and 25.86.030 of this 6. Laundering service; title.(Ord.253(part),1981) 7. Medical and dental offices, 8. Painting of vehicles,trailers or boats; 25.66.060 Permitted uses. 9. Photo developing, A. Sales and service type business with no on-site 10. Photo studios; contact (home occupation address) with the public 11. Private schools with organized classes; i such as,but not limited to: 12. Radio and television repair, 1. Accountant; 13. Upholstering; 2 Architect,draftsman,etc; 14. Welding. 3. Artist B. Other uses as determined by the zoning admin- 4. Author, istrator may be prohibited if deemed unacceptable in 5. Contracting service; that they will substantially impair the use and value of 6. Dress designer, a residential neighborhood.(Ord.253(part), 1981) 7. Engineers; 8. Gardener, 25.66.080 Permit fees. 9. Insurance agent; Upon initial issuance and renewal of a home occu- 10. Pattern designer,clothing; pation use permit,the zoning administrator shall col- 11. Photographer, lect a fee for the permit as determined by resolution of 12 Pool maintenance; the city council.(Ord.253(part),1981) 438 25.14.020 Principal uses and structures permitted. The following are permitted uses in any RE district: A. Accessory buildings, uses, and structures; B. Domestic animals; C. Guest dwelling; D. Home occupations subject to the provisions of Chapter 25.66 as modified'by 25.-14 041i; E. One single-family dwelling per lot; F. Public parks and recreational facilities; G. Servant quarters; H. :PPrivate greenhouses and horticultural"collections; I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94 ss 1 (part), 1975: Exhibit A ss 25.9-2) 25:14 041 Home`occupetions exception? EA Home occupations or'associated storage maybe conducte_tin a?dwelling'pr accessory'tructure'not'to exceed 640 square'feet; tfKlt shall'be'unlawfulto'park"or`store"anyµcommercial'vehicles'on the property With'the exceptio f- f'one pickup truck or van of 1''/2""tons or less. r�C 0ne,01-6i iployee'may'pa Vhis/her vehicle on'the;subject,property fpjr the _ .. _- _ _ purpose of'-driving a commercial vehicle to a'remotejob'site'., 25144:042 Horses? ' 'Horses may be maintained in=the RE zone subject to obtaining a permit approve . by the Dire-ctor of'Community-Development'aand'the'following restriction and r_e_quirements _ A. ;A.mawmurn of two'(2)`horses-ovet the age of nine-(9);:months'shall'be permrtted;:on a I6t-4 ,000 square feet or larger; _ � . L'B. Horses must"be'kept within'a'corral_and'enclosed'stable'of the following minimum dimensions'' W_ -- - . 1 Corraljw—o hundred eighty eight (288) square feet per horse minimum _ . � . —_ dimensions-of twelve'(12) feet'by'twenty-f6ur'(24)'feet;onekthgdilis shaded: 2' St-able 'One hundred forty=four (T44) square`feet"minimum"dimension _ _ -. —._- twelve-02)"feet bv'twelve'(12) feet'per horse. -Stable shall be'adequately 'ventilated' !C. Bams;corrals or stables constructed'—to—maintain horses;shall'be'located,not less than thirty five(35) feet from any residence or habitable structure on the same _ _ _. _ lot and not:1ess than 50 feet from any residence or habitable.structure on adjacent lots Barns, corrals-or stables—may be located within 50 feet of a front property line if'fhe finding can�'be;made that thetdesignland appearance°ofmmsuchestructures are compatible Iwith surrounding properties;, LID. Animal manure shall'be stored'in'water tight receptacles and properly disposed of not less than once per week, and Barns, corrals or stables"shall'be'cleaned and°maintained on a weekly""basis _ �. such that"dust,-flies and-odors"sl allFnotbe detectable from -adjacent"properties. 25.14.080 Development standards for one gross acre lots or less, but at least forty thousand square feet net size. All development on lots of one gross acre in size, at least forty thousand square feet net size, as shown on the zoning map, shall comply with the following minimum development standards: A. Minimum lot area shall be forty thousand square feet (net size) as determined by the city council and indicated on the zoning map; B. Minimum firont_yard'30 feet; C. Minimum lot width, one hundred fifty feet; D. Minimum lot depth, two hundred feet; E. Minimum rear yard, fifty feet; F. Minimum side yards, Meet fifteen'feef; G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not less than two thousand square feet for all lots at least forty thousand square feet net size; H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified in this section shall not be applicable. The required setbacks and minimum dwelling unit size shall be as approved by the planning commission as part of their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979) SENT BY: 3- 3-97 ; 2:15PM ;BEST, BEST,& KRIEGER- 6193400574;# 1/ 9 BEST BEST & KRIEGER LLP •CNIMM1-VIn[p tuAlA 6Vf[M[�lR�R6HNB tiM[Mp.I1L COvaATWa LAWYERS RIVERSIDE 90J00 DOD DOPE DRIVE, SUITE 312 BAN DIEGO fROO) 5BB-4450 POST OFFICE BOX 1500 {BID) $25-1300 RANCHO MIRAGE,CALIFORNIA 92270 — ONTARIO TELEPHONE (610)GOO-ZOII VN:TORVILLE [Dow, Da0-B5B4 TELECOPIER 1619) 340-0000 1510) 240-4M7 THIS MESSAGE IS DFFFNDED FOR THE USE OF THE BU MDUAL OR ENTITY TO VAWH IT IS ADDRESSED, Alm MAY CONTAIN 1N[K= nM THAT ISPRMUZUFD AND CONFIDENTLM- IPYOU ARE THE INTENDED RWMU, OIL'ME ERIFL fYEF OR AGENT RDSTONSU RB FOR DELrAMING THUS MESSAGE TD TIM Drn3 DBD RECUPUNT. YOU ARM HEREBY NDIMM THAT ANY DISMONATDN, DMIUBUIDN OR COPMO OF TINS COAIEWWATDN 5 SIRIMY FE011 [IIT. w You HAYS RBCBIYED T= co mMUN1cmm IN IB➢O$ PIBASK NOUPY Tm DNDEavGww DAMEONATELY BY T MHMgE AND RR MN THE ORRaNAL M!,SSAGE TO US AT TDB ABOVE ADDRECS VIA TUB U.S.POSTAL SERVICE THAN[YOU FOR YOUR OOOPERATERL PLEASE DELIVER THE FOLLOWING MATERIALAS SOON AS POSSIBLE: TO: STEVE SMITH FAX: (619) 776-6401 i FROM: SANDY JACOBSON DATE: March 3[ 1997 NUMBER OF PAGES: 9 (w n.uDlNo covER PAGE) MATERIAL: Memorandum re: satellite dish and antenna regulations w/FCC Rule. I. MESSAGE: ORIGINAL MAILED Yes , No x — HAND DEL TVERED i PLEASE NOTIFY OPERATOR IMIYIEDIATELY IF NOT RECEIVED PROPERLY: I (619) 568-2611 - Theresa Davioni SAJ9503 SENT BY: 3- 3-97 2:16PM BEST, BEST,& KRIEGER 6193400574:# 2/ 9 LAW OFFICES OF 49EST BEST & KRIEGER LLP March 3, 1997 MEMORANDUM TO: Steve Smith, Planning Department City of Palm Desert A FROM: Sandy A. Jacobson y� RE: Satellite Dish and Antenna Regulations i Steve: Please find attached: (1) the FCC Rule which preempts certain local regulations of satellite dishes and antennas; and (2) the FCC Fact Sheet which interprets said Rule. As you can see, the Fact Sheet is relatively specific with respect to what the City can and cannot do with respect to satellite dishes and antennas. If you have trouble reading the facsimile copy or have any questions, please give me a call . sw95928 S M.BY; 3- 3-97 ; 2.16PM ;BEST, BEST,& KRIEGER- 6193400574;# 3/ 9 Page 7 61 FR 10896, -10898 assist to the development of satellite based technologies. S. n•:ised by the Public in Response to the Initial Analysis 1',. NO rrmments were received specifically in response to the Initial Regulatory Flexibility Analysis. we have, however, taken into account all issues rnise.l Icy the Public in response to the proposed rules. in certain instances, we havr Piuntwtod or modified rules in response to those comments. C_ Si"vul icant Alternatives considered V. have attempted to balance all the conmenterst concerns with our public inter: i ;.-,date under the Colmmnications Act in order to assure that sat,:;:t•. .•rvices are accessible. We will continue to examine this rule in an effort to rl iminate unnecessary regulations mind to minimize significant economic iiq,arl — +ill businesae6- Li::i .•,'. j,rts in 47 CFR Part 25 S:d rl l U.S. FMleral 6wrnrtications Cwhniasien Will; . . Caton, Art:. . Fit .'1 1 r.ut cd Title 47 of the Code of Federal Regulations is amended as follaws: PART ?'• "',TFLLITF COMMICATIONS 17. Ih- authority'citation for Part 25 continues to read as follows: 1%.i.!:iy: Sections 25.101 to Z5.601 issued under Sec. 4, 48 Stat. 1066, as am- U.S.C. 154. Interpret or apply secs. 101-104, 76 sat. 416-427; 47 '44; 47 U.S.C. S54. t - 0 on 25.104 is revised to read as follows: Preemption of local sating of earth stations, (a) m:-" state or local zoning, lard-use, building, or similar regulation that materiM ly limits transmission or reception by satellite earth station anrr::!,::,, rr imposes more than minimal costs on wars of such antennas, is pvc•... rnless the promulgating authority can demonstrate that such regulation . in r: .,..I c, except that nonfederaL regulation of radio frequency missions is no! : .1 by this section. For purposes of this paragraph (a), reasonable mn die local regulation: (.. a clearly defined health, safety, or aesthetic objective that is st:,t 'e text of the regulation itself; and (?, lur liters the stated.health, safety or aesthetic objective without unmwr: 1, rily burdening the federal interests in ensuring access to satellite SENT BY: 3- 3-97 ; 2:16PM ;BEST, BESf,& KRIEGER- 6193400574;# 4/ 9 Page 8 61 FR ICIM, •108" serviccn ...ri in promoting fair and effective coopetition among competing cn,,o-r-' 'ems service providers. (b)(1) Any state or local zoning, land-use, building, or similar regulation than aff- i. the installation, maintenance, or use of the following two cai' .. ;•- „f a satellite earth station antenna shall be presumed unreasonable and i•: !!:.,•gore preempted subject to paragraph (b)(2) of this earlier. No civil, rr::•:neL, administrative, or other legal action of any kind shnil be tak,:o ul- m:.farce any regulation covered by this presumption unless the parr' • r authority has obtained a waiver from the commission pursuant to paro!!:. Pe) of this section, or a final declaration from the Commission or a court ':.petent jurisdiction that the presumption has been rebutted pursuant to (•... • : it (b)(2) of this section: C .—Mite earth station antenna that is two meters or leas in diameter anal .:::d or proposed to be located in any area where commercial or irwft.-.:. i,A : cs are generally permitted by hnnfederal land-me regulation; or 0;) .. ',ntetlitc earth station antenna that is one meter or Less in diameter in a•ty .•: regardless of land use or zoning category. i') 1 [:rasulption arising from paragraph (b)(1) of this section may be rebt.- ;n a showing that the regulation in question; f . -:.-,essary to accamplish a clearly defined health or safety objective tho •.d in the text of the regulation itself; a mare burdensome to satellite users than is necessary to achieve the ! n• safety objective; and (" i; !:: :,pecifically applicable on its face to antennas of Lhe class drsrr;'• ! paragraph (b)(1) of this section. (c) r 'y L•rson aggrieved by the application or potential application of a star:- it zoning or other regulation in violation of paragraph (a) of this sec. ' after exhausting at naifederal administrative remedies, file a perm It the commission requesting a declaration that the state or Loral re I question is preempted by this section. Nonfederal administrative ra+ irh do not include judicial appeals of adninistrative den. am, shall be doomed exhousted when: (!` •-•titionerns application for a permit or other authorization required by u!:.. t•- or local authority has been denied and any administrative appeal and o. ; [ procedure has been exhausted; (Jt nbr isditioner's application for a permit or other authorization required by mi or local authority has been an file for ninety days without final an:; ::•i itioner has received a.permit or other authorization required by V�' local authority thut is cu ditio ed upon the petitioner's e•; f a sus of money, including costs required to screen, pole-mount, 01 rpecially install the antenna, greater than the aggregate purchase or i �..-! : -::e cost of the equipment as normally installed; or SMT BY: 1- 3-97 ; 2:16PM ;BEST, BEST,& KRIEGER 6193400574;# 5/ 9 • +. Page 9 61 rR 10396, •10898 (4) h state Or heal authority has notif led the petitioner of impending civil or 1*108991 action in a court of law and there are no more rwn! ::•miinistrative steps to be taken. ( '. ,-lures regarding filing of petitions requesting declaratory rulings anal , .:.sated pleadings will be set forth in subsequent Public Notices. Al( all..-, - 4 fact contained in petitions and related pleadings mast be sygnr 1• 1 „y affidavit of a person or persona with personal knowledge thereof. (1-) Pity r:late or Local authority that wishes to maintain and enforce zoning OF nna•r ,r.ndations inconsistent with this section may apply to the Commfwsion for a lu(t or partial waiver of this section. such waivers may be granted.by the Conti-,i—i in its sole discretion, upon a showing by the applicant that local earn highly specialized or unusual nature create a necessity for rem:' t t„ronsistent with this section. No application for waiver shall be co,-- . . .dess it specifically sets forth the particular regulation for which wai V. ,�••iht. Waivers granted in accordance with this section shall not ap: i'enacted or amended regulations by the local authority unless the Cn,•,,. .. >pressty orders otherwise. tl.-';at riled 3-15.96; 8:45 mnl Pill v:r, I'rmE 6712.01-P ' I i i R CHAPTER 17.32 HOME OCCUPATION PERMITS 17. 2.01 PURP E These provisions allow for the conduct of home enterprises which are incidental J to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling. I 17-32,020 APPLICATION The conduct of a home occupation requires the approval of the Director who may establish conditions to further the intent of this Chapter. An application for the permit shall be on a form prescribed by the Director and shall be filed with the Community Development Department pursuant to Chapter 17.46 (Application and Fees). 17.32,030 OPERATING STANDARDS 7 Home occupations shall comply with all of the following operating standards: A. The home occupation shall not alter the appearance of the dwelling unit. B. There shall be no displays,delivery of merchandise, or advertising signs on the premises. C. There shall be no signs other than the address and name of the resident. D. There shall be no advertising which identifies the home occupation by street address. E. The home occupation shall be confined completely to one (1) room located within the dwelling. It shall not occupy an area equivalent to more than twenty-five (25) percent of the gross area of one floor. No portion of any garage, carport, or other accessory structure shall be used for home occupation purposes. Horticulture activities may be conducted outdoors but within the rear one-third ('/s) of the lot. l F. No vehicle larger than a three-fourths ('/•1 ton truck may be used by the J occupant directly or indirectly in connection with a home occupation. G. The home occupation shall not encroach into any required parking, setback, or open space areas. ARTICLE IV 0 ADMINISTRATION IV - 4 E t IE OCCUPATION PERMITS H. There shall be no use or storage of material or mechanical equipment not i recognized as being part of a normal household or hobby use. I. Activities conducted and equipment or material used shall not change the L fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage. I J. No use shall create or cause noise, dust, vibration, odor, smoke, glare, or electrical interference or other hazards or nuisances. K. Only the occupants of the dwelling may be engaged in the home L' occupation. L. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises. M. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which it is located. N. If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior I to the submittal for a Home Occupation Permit. L O. Any special condition established by the Director and made of record in the Home Occupation Permit, as deemed necessary to carry out the intent of this Section. r 17.32.040 PROHIBITED HOME OCCUPAT/ON USES L The following list presents example uses that are not incidental to or compatible with residential activities, and are prohibited: A. Automotive repair (body or mechanical), upholstery, and painting r B. Barber and beauty shop L C. Carpentry and cabinet making D. Welding and machining E. Medical offices, clinics, and laboratories F. Storage of equipment, materials, and other accessories to the construction and service trades • C ARTICLE IV • ADMINISTRATION IV - 5 C HO _ OCCUPATION PERMITS G. Mini storage H. Any other use determined by the Director to be not incidental or compatible with residential activities. 17. 2.050 REVOCATION A Home Occupation Permit may be revoked or modified by the Director if any one of the following findings can be made: A. That the use has become detrimental to the public health, safety, or traffic, 1 or constitutes a nuisance. J B. That the permit was obtained by misrepresentation or fraud. C. That the use for which the permit was granted has ceased or was suspended f 6 six for or more consecutive calendar months. ( 1 D. That the condition of the premises, or the area of which it is a part, has changed so that the use is no longer justified under the meaning and intent of this Chapter. E. That one (1) or more of the conditions of the Home Occupation Permit have not been met. F. That the use is in violation of any statute, ordinance, law, or regulation. '1 1 a ARTICLE IV ADMINISTRATION IV - 6 V 9.210:DEVELOPMENT REVIEW PERMITS J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100. K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.)approved as part of the adjustment. 9.210.050 Temporary Use Permits. A. Purpose.The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized,that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability.A temporary use permit is required for temporary uses permitted under this Code. C. Decision-Making Authority.Temporary use permits shall be reviewed administratively by the Director pursuant to Section 9.200.020. f D. Conditions of Approval.If a temporary use is approved,conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties,residents,or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings.Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth for such temporary uses in the applicable Section of this Code have been satisfied. 9.210.060 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110. C. Decision-Making Authority. Home occupation permits shall be reviewed administratively by 210-7 9.210.DEVELOPMENT REVIEW PERMITS the Director of Building and Safety pursuant to Section 9.60.110. D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties,residents, or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall . be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings.Findings required for approval of a home occupation permit shall be deemed to have been made if the Director of Building and Safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following: l. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used The home occupation shall not occupy more than 25 percent of the combined floor area of the house and gage- 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation.Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds,vibrations, or other characteristics. f 6. Electrical or mechanical equipment which creates interference in radio,television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust,noise or odors in excess of that normally associated with residential use. i 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling { unit shall not be the point of customer pickup or delivery of products or services, nor shall a I home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 210-8 9.210.DEVELOPMENT REVIEW PERMITS 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10.All conditions attached to the home occupation permit shall be fully complied with at all times. 9.210.070 Sign Permits. Signs shall be regulated and sign permits shall be processed in accordance with Section 9.160.090. 210-9 FCC'nud Sheet on Placement of Antennas http:1hvww.fcc.gov/8um :ommon_Carrier/Factrheetstotafacts•htmI FEDERAL COMMUNICATIONS COMMISSION FACTSHEET August 1996 Placement of Direct Broadcast Satellite,Multichannel Multipoint Distribution Service, and Television Broadcast Antennas As directed by Congress in the Telecommunications Act of 1996, the Federal Communications Commission has adopted Hiles concerning restrictions on viewers'ability to receive video programming signals from direct broadcast satellites(DBS),multichannel multipoint distribution(wireless cable) providers(MMDS),and television broadcast stations(TUBS). Receiving video programming from any of these services inquires use of an antenna,and the installation, maintenance or use of these antennas may be restricted by local governments or community associations. These restrictions have included such provisions as requirements for permits or prior approval,and requirements that a viewer plant trees around the antenna to screen it from view, as well as absolute bans on all antennas. In passing this new law, Congress believed that local restrictions were preventing viewers from choosing DBS,MUDS,or TVBS because of the additional burdens that the restrictions imposed. To implement this legislation,on August 5, 1996,the Commission adopted a new rule that is intended to eliminate unnecessary restrictions on antenna placement and use while minimizing any interference caused to local governments and associations. This rule will become effective after it is approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act. The new rule prohibits restrictions that impair the installation,maintenance or use of antennas used to receive video programming.These antennas include DBS satellite dishes that are less than one meter (39")in diameter(larger in Alaska),TV antennas,and antennas used to receive MMDS.The rule prohibits most restrictions that:(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 rule means that,in most circumstances,viewers will be able to install,use and maintain an antenna on their property if they directly own the property on which the antenna will be located. The Telecommunications Act and this new rule are designed to promote competition among video programming service providers,enhance consumer choice,and assure wide access to communications. The rule allows local governments and homeowners'associations to enforce restrictions that do not impair reception of these signals as well as restrictions needed for safety or historic preservation. The rule balances these public concerns with an individual's desire to receive video programming.The Commission has asked for further comment on whether additional rules should apply to situations where a viewer wants to install an antenna on property owned by a landlord or on common property controlled by a condominium or homeowners'association. This fact sheet provides general answers to questions that may arise about the implementation of the rule. For further information,call the Federal Communications Commission at (202)418-0163. Q:What types of restrictions arc prohibited? A:The rule prohibits restrictions that impair a viewer's ability to receive signals from a provider of DBS, MMDS or TVBS.The rule applies to state or local laws or regulations,including zoning,land-use or building regulations,private covenants,homeowners' association rules or similar restrictions on property FCC Fact Sheet on Placement of Antennas http:/A`ww.rcc.gov/eLwe ' ommon_CanierlFactsheets/otafacts.htmi JA within the exclusive use or control of the antenna user where the user has a direct or indirect ownership interest in the property. A restriction impairs if it: 1) unreasonably delays or prevents use of,2) unreasonably increases the cost of,or 3)precludes a subscriber from receiving an acceptable quality signal from, one of these antennas.The rule does not prohibit safety restrictions or restrictions designed to preserve historic districts. Q: What types of restrictions unreasonably delay or prevent subscribers from receiving a signal? A: A local restriction that prohibits all antennas would prevent subscribers from receiving signals,and is prohibited by the Commission's rule. Procedural requirements can also impair the ability to receive service.Thus,local regulations that require a person to obtain a permit or approval prior to receiving service will delay reception;this is generally allowed only if it is necessary to serve a safety or historic preservation purpose. Q: What is an unreasonable additional cost to install,maintain or use an antenna? A:Any requirement to pay a fee to the local authority in order to be allowed to install an antenna would be unreasonable,unless it is a permit fee that is needed to serve safety or historic preservation or a permit is required in the case of installation on a mast greater than 12 feeL Things to consider in determining the reasonableness of any costs imposed include:the cost of the equipment and services, whether there are similar requirements for other similar installations like air conditioning units or trash receptacles,and what visual impact the antenna has on the surroundings. Restrictions cannot require that relatively unobtrusive DBS antennas be screened by expensive landscaping. A requirement to paint an antenna in a fashion that will not interfere with reception so that it blends into the background against which it is mounted would likely be acceptable. In general,the costs imposed by local regulations cannot be unreasonable in light of the cost of the equipment or services and the visual impact of the antenna. Q: What restrictions prevent a subscriber from receiving an acceptable quality signal? A:A requirement that an antenna be placed in a position where reception would be impossible or would be substantially degraded would conflict with the rule. However,a regulation requiring that antennas be placed to the extent feasible in locations that are not visible from the street would be permitted, if this placement would still permit reception of an acceptable quality signal. Q: Are all restrictions prohibited? A.No, many restrictions are still valid.Safety restrictions are permitted even if they impair reception, because local govetranents bear primary responsibility for protectmg public safety.Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes, restrictions requiring that a person not place:anten nelectrierequirementstopttlygroutheantethemethodtosecurean antennaThefety reason for the restriction must be written in the text, preamble or legislative history of the restriction,or in a document that is readily available to antenna users, so that a person wanting to install an antenna knows what restrictions apply.The restriction cannot impose a more burdensome requirement than is-needed to ensure safety. Restrictions in historic areas may also be valid.Because certain areas are considered uniquely historical and strive to maintain the historical nature of their community,these areas are excepted from the rule. To qualify as an exempt area the area must be listed or eligible for listing in the National Register of Historic Places. In addition,the area cannot restrict antennas if such a restriction would not be applied to the extent practicable in a noa-discriminatory manner to other other modem structures that are comparable in size,weight and appearance and to which local regulation would normally apply.Valid historical areas cannot impose a more burdensome requirement than is needed to ensure the historic 9M4 CC Fact Sheet an Placement of Antennas hltpJlw AN kr-gov/Bun :ommon CanieNFactsheetstotafacts.html } preservation goal. Q:Whose restrictions are prohibited? A:Restrictions are prohibited in state or local laws or regulations, including zoning, land-use or building regulations,private covenants,homeowners'association rules or similar restrictions relating to what people can do on land within their exclusive use or control where they have a direct or indirect ownership interest in the property. Q:If I live in a condominium where the land and the roof are commonly owned,or in an apartment building where the landlord owns the land and the roof,does this rule apply to me? A: A Further Notice of Proposed Rulemoking has been adopted by the Commission,to obtain comments from.interested persons about whether rules should apply in these situations.The Commission will use those comments to reach a decision on this question. i Q: What types of antennas are covered? 1. A"disW antenna that is one meter(39")or less in diameter or is located in Alaska and is designed to receive direct broadcast satellite service,including direct-to-home satellite service. 2. An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via MlvMS(wireless cable). Such antennas may be mounted on "masts" to reach the height needed to establish line-of-sight contact with the transmitter. Masts higher than 12 feet may be subject to local permitting requirements. 3. An antenna that is designed to receive television broadcast signals.Masts higher than 12 feet may be subject to local permitting requirements. Q: What can a local government,association,or consumer do if there is a dispute over whether a particular restriction is valid? A: If the local authority defines the restriction as safety-related it is valid, unless a court or the Commission determines that it is not safety-related or is not the least burdensome way to ensure the safety goal. If a local government or association has"highly specialized or unusual" concerns about antenna installation,maintenance or use,it may apply to the Commission for a waiver of the rule,to have its restriction declared valid. Interested parties may petition the Commission or a court of competent jurisdiction for a ruling to determine whether a particular restriction is permitted or prohibited under this rule. Q: Who is responsible for showing that a restriction is enforceable? A:When a conflict arises about whether a restriction is valid,the government or association trying to enforce the restriction will be responsible for proving that the restriction is valid.This means that no matter who questions the validity of the restriction,the burden will always be on the local government or association to prove that the restriction is permitted under the rule or that it qualifies for a waiver. I Q:Who do I call if my town or neighborhood association is enforcing an invalid restriction? A: Call the Federal Communications Commission at(202)418-0163.Some assistance may also be available from the direct broadcast satellite company,multichannel multipoint distribution service or I i 3'ot 4 �t1�1 nr • �-_ n-ar i L•1Vl Ol uLAI W..JIO! MILUu\ ' Viuvavuu arrr w u FCC Fact Sheet an Placement of AntennasA. http llwww-fcc.pov/Bur 'Common CaMer/Factsheetslatafadshtml television broadcast station whose servicc is desired. -FCC- 4q 4 Efasiness Leader- February 1996- Home Based Businesses Paec 1 k*wLako- Feature Story P �� r] Jr According to data collected by New York research firm Link Resources, in 1993 there were nearly 36 million "work-at-home" households in the U.S., a 6.5 percent increase over the previous year. By the end of 1994, that figure had increased another 14 percent to 41.1 million. Of those 41.1 million home-based workers, 24.3 mullion were self-employed. Another 7.6 million were company employees who "telecom-mute" from home, while 9.2 million were employees who put in after-hours time in home offices. This growth in home-based work arrangements shows no signs of slowing down. It's estimated that by the end of 1995, 44 percent of all U.S. households will have an income-generating or after-hours home office [source: BIS Strategic Decisions]. "America is in the midst of an extraordinary workplace transformation," says Richard Ekstract, chairman of the Home Office Association of America(HOAA). "As we head into the new mdlenium, the number of home offices will skyrocket. The same people who were workaholics and corporate climbers in the '80s now seek personally rewarding and satisfying outlets for their talents. The 'me-first' attitude is being replaced with a more family-oriented mentality." Another incentive for the rise in home-based businesses is the availability of powerful and relatively inexpensive technology. Today's desktop computer systems, faxes, answering machines, on-line services for electronic mail and other techno-tools make it easy and affordable to replicate the amenities of corporate life in a home office. In fact, by the end of 1995, sales of products and services for home offices are expected to top $14 billion in the U.S. [source: Link Resources]. With this trend in mind, Business Leader recently interviewed the owners of three successful home-based businesses in the Raleigh-Durham area. If you've ever fantasized about holding conference calls in your pajamas, we think you'll want to listen to their advice on Kinko's versus your own photocopier, the importance of an accountant and stress relief(pinball, anyone?) for the home-based worker. Alternate Access In today's fast-paced business environment, a home-based company can have some distinct advantages over larger corporate competitors, says Kelly M. Lumpkin. "Technology has changed the business paradigm," he notes. "You don't necessarily need a large staff to get things done. As a small home-based business, we can make decisions quickly, without analyzing Business Leader-February 1996-Home Based Businesses Paee them to death. We can give customers better turnaround and a lower cost, because our overhead is so much lower." Lumpkin and his wife Adrienne are co-owners of Alternate Access, a telecommunications integrator and marketing services company founded in 1993. Alternate Access provides communications A environment evaluation, customer surveys and focus groups, J ;. application discovery and design, equipment and development requirements, maintenance and marketing communications services for companies across the globe. _ "We help our customers to broaden their market reach and get the 3 most value out of their expensive human resources by taking maximum advantage of all the new features and benefits of today's -" --J XXy L--t:—.I nk, ...N communications technology," says Adrienne Lumpkin. "Because Arm%k4.i-&mew m,%,. we're familiar with the various hardware and software solutions available, we can design customized solutions that enable a company to do business by phone more effectively." "Our competitors look at these telephony solutions largely from an operational standpoint, as a way to cut costs and improve productivity," adds Kelly. "We take a broader view and see how it also can be used to improve your marketing strategies and your company image,just like sales literature and advertising and other marketing tools." Presenting a professional image is a key component of the Lumpkins' own success. When you're dealing with major corporate clients, they note, it's critical to look big even if you're small. "Like the U.S. military, we have a'don't ask, don't tell' policy,"jokes Kelly. "We don't volunteer the fact that our office is at home and focus on achieving a high level of professionalism. In addition, we do a lot of long-distance business with companies across the U.S. and abroad, so those clients never see us in person anyway. It's all done by phone and fax." A well-equipped home office in a separate, dedicated space is an important factor in presenting a "big-business" image. "Doing business from a desk in the corner of the kitchen with the kids and the dog running around just won't cut it," explains Kelly. "This is your livelihood, and in order to look and feel professional, you need a space where can do your work in peace and then leave it there when you're through." Minimum equipment should include an answering machine, "the most powerful PC you can afford" loaded with standard software, printer, and separate fax line so that customers can send faxes at any time. Individual components are best, since all-in-one systems run the risk of putting you out of business temporarily if any one element goes down. A photocopier is also convenient. "Some people like making the Kinko's run because working by yourself can get lonely and it gets them out of the house," says Adrienne. "But you have to consider the value of your time." To handle the bookkeeping, an accounting program is useful, although it's no substitute for professional advice. "An accountant is super-critical to your success," says Kelly firmly. "We use Quickbooks to organize our figures efficiently, but it doesn't re lace our CPA. It's better to focus on doing what you do best and hire accountants" k� lawyers and any other specialist knowledge you need." It's also • _ important to consider i your own personality and workstyle when 1,�1p,rf.y�t l�grrOw.. �4 1G col irerlr�.w�r..�r.�r�..�yy.ww considering a home-based business. To succeed, you need to be " a self-starter and a self-stopper," say the Lumpkins. For married couples working together, it also helps to have complementary skills. "When you're married to your business partner, it becomes another version of who's going to mow the Rusiness Leader-February 1996-Home Based Businesses Page lawn or comb the kids' hair," s..ales Kelly. "Fortunately, our individual , -ngths complement each other, so we've been able to develop a tag team approach that's very efficient. It also means that we can share our success and grow together both professionally and personally." Click the Forward button below to continue... NATIONAL REGISTER OF U.S. HOME BASED BUSINESSES Page I ®Home I'H HtifdF IASW 9MiNfSS1° 6� 1HE U.SA HOIAE BASED BUSINESS"� Information Superhighway SPECKS! f UPPL EMENTA L M(OME OPPORTUNME Business Trade Groups 0gDi ;z Master List 'THE 900 ONE FLAT RATE Welcome I .4 *0 1T t o the master list sse t on of the U.S.A. Home Based Business bers and home based businesses owners i �.oHcafTANes Information Superhighway. This page represents a list of home based business occupations as defined by the NAHBB's National Register of U.S. Home Based Businesses. Each business category is assigned a Home Business Identity Classification (HBIC) number. The HBIC number provides individuals who are searching for home managed businesses with a quick and easy starting reference. The HBIC code guide numbering system is a private sytem that only the NAHBB assigns. HBIC code guide numbers are also used to help distinguish home based businesses from other home workers. This list is by no means complete. We invite others who operate a legitimate business from home that is not represented on this list to write or E-mail the NAHBB about your Business Trade Group. All qualified home based businesses are also invited to make the U.S.A. Home Based Business Information Superhighway their Home Site on the Internet. WHEN PEOPLE LOOK FOR HOME BASED BUSINESSES THEY START WITH THE NAHBB Home Business Identity Classification Number (HBIC: ) Current Classification and HBIC-assigned numbers: ACCOUNTING SERVICE -HBIC: 60150 ADULT DAYCARE - HBIC: 10670 ADVERTISING AGENCY - HBIC: 92100 ADVERTISING SERVICE - HBIC: 28100 ANTIQUE CONSULTING- HBIC: 76100 APPAREL DESIGN - HBIC: 25100 NATIONAL REGISTER OF U.S. HOMF BASED BUSINESSES Page 2 t%ACHITECTURAL DRAFTING-HBI%-. )0150 ARTS & CRAFT NEWSLETTER- HBIC: 64345 ARTS & CRAFT PRODUCTION - HBIC: 11000 ARTS & CRAFT SERVICES -HBIC: 64320 ATHLETIC SHOE SALES -HBIC: 21000 AUTO TOOL SALES - HBIC: 56200 BALLOON SALES -HBIC: 66100 BED & BREAKFAST -HBIC: 72000 BED & BREAKFAST LODGING- HBIC: 72100 BOOK DISTRIBUTORSHIP -HBIC: 10109 BOOK PUBLISHING-HBIC: 14500 BOOKKEEPING SERVICE - HBIC: 40000 BRIDAL CLOTHING SALES - HBIC: 23200 BUSINESS OFFICE DESIGN -HBIC: 68200 BUSINESS CARD DESIGN - HBIC: 20100 BUSINESS DEVELOPMENT - HBIC: 16600 BUSINESS START-UP GUIDE - HBIC: 13949 CALLIGRAPHY SERVICE - HBIC: 19100 CANDLE MANUFACTURING - HBIC: 26550 CAREER COUNSELING-HBIC: 90200 CAREER DEVELOPMENT SVC - HBIC: 87100 CARPET CLEANING SERVICE -HBIC: 26400 CATERING SERVICE -HBIC: 22100 CPA-HBIC: 30500 CHILDCARE SERVICE - HBIC: 14300 CLOTHING.DESIGN - HBIC: 61200 COMPUTER CONSULTING SVC -HBIC: 45100 COMPUTER HW. CONSULTING-HBIC: 75612 COMPUTER PROGRAMMING-HBIC: 45675 COMPUTER REPAIR-HBIC: 45671 COMPUTER SW CONSULTING- HBIC: 69500 COMPUTER SOFTWARE SALES - HBIC: 15100 COMPUTER SYSTEM SALES - HBIC: 45680 CONFERENCE COORDINATOR-HBIC: 18100 COSMETIC SALES -HBIC: 18700 COUPON DISTRIBUTION-HBIC: 29800 CRAFT PATTERN DESIGN-HBIC: 16820 CREDIT CARD SERVICE - HBIC: 26510 CUSTOM CANDLESTICK PROD. - HBIC: 14250 CUSTOM GIFT BASKET DESIGN- HBIC: 21200 CUSTOM PILLOW DESIGN - HBIC: 17850 CUSTOM SILK FLOWER DESIGN- HBIC: 27650 DANCE STUDIO - HBIC: 23600 DEBT COLLECTION-HBIC: 27550 DESKTOP PUBLISHING- HBIC: 65902 DIRECT MAIL SERVICE -HBIC: 30520 DIRECT SALES - HBIC: 66100 DISCOUNT SAVINGS CARD - HBIC: 16004 DOCTOR REFERRAL SERVICE -HBIC: 76400 DRESS DESIGN -HBIC: 71000 DRY FLOWER DESIGN -HBIC: 96250 NATIONAL REGISTER OF U.S. HOME BASED BUSINESSES Pape 3 .�TLOYMENT AGENCY - HBIC: 1 ..A ENTERTAINMENT DISC JOCKEY - HBIC: 10650 EQUIPMENT SALES - HBIC: 66930 EXECUTIVE RECRUITMENT - HBIC: 16000 EXPORTAMPORT AGENCY - HBIC: 59600 EXPORT SERVICE - HBIC: 51200 EYEGLASS FRAME SALES - HBIC: 45230 FASHION DESIGNS - HBIC: 63000 FINANCIAL CONSULTING- HBIC: 25610 FLORAL DESIGN- HBIC: 20600 FREELANCE WRITING - HBIC: 12100 FUNDRAISING -HBIC: 67100 GRAPHIC & DESIGN SERVICE -HBIC: 38500 GREETING CARD DESIGN - HBIC: 42600 GROUP NETWORKING SERVICE - FIB[C: 26100 HAND CROCHETED BLANKET -HBIC: 66010 HANDCRAFT PRODUCTION - HBIC: 88000 HANDYMAN SERVICES -HBIC: 88261 HEALTH CARE CONSULTING - HBIC: 76200 HEALTH FIT. PRODUCT SALES -HBIC: 88200 HEALTH & NUT. CONSULTING- HBIC: 91000 HOLISTIC MED. CONSULTING - HBIC: 11200 HOb[E BUS. COMP. WKSTATION - HBIC: 26500 HOME BUYING SERVICE - HBIC: I')100 HOME HEALTHCARE - HBIC: 51950 HOME OFFICE EXT. SERVICE - HBIC: 20540 HOME NURSING CARE - HBIC: 32200 HOME OFFICE SUPPORT SERVICE - HBIC: 10690 IMPORT SERVICE - HBIC 51000 INDEPENDENT DISTRIBUTORSHIP - HBIC: 68500 INFORMATION BROKERAGE - HBIC: 64250 INSURANCE AGENCY - HBIC: 22000 INSURANCE AGENT - HBIC: 10200 INTERNET MARKETING SERVICES - HBIC: 31700 INTERIOR DESIGN- HBIC: 99377 INTI REAL ESTATE AGENCY- HBIC: 98800 INT'L TRADE SERVICE - HBIC: 20675 INTERPRETATION/TRANS. SVC - HBIC: 13600 INVESTIGATION BUREAU - HBIC: 66872 INVESTMENT CONSULTANT - HBIC: 70100 JEWELRY PRODUCTION -HBIC: 13400 JEWELRY SALES - HBIC: 13200 LEGAL CONSULTING SVC -HBIC: 12500 LEGAL RESEARCH SERVICE -HBIC: 98600 LOST DOG DATABASE - HBIC: 76150 MAGAZINE PUBLISHING- HBIC: 77200 MAIL ORDER- HBIC: 94550 MAILING LIST SERVICE - HBIC: 69100 MANAGEMENT CONSULTING- HBIC: 25000 MANUFACTURERS REP. - HBIC: 13500 MEDICAL CLAIMS PROCESSING- HBIC: 66810 NATIONAL REGISTER OF U.S. HOMF RASED BUSINESSES Page 4 niEDICAL RECORD SERVICE - HBIC. 5600 MEETING & CONV. PLANNING -HBIC: 55000 MESSENGER SERVICE -HBIC: 19100 MOBILE BICYCLE REPAIR-HBIC: 40200 MOBILE BOAT REPAIR-HBIC: 70620 MORTGAGE BROKER- HBIC: 12100 MULTI-LEVEL MARKETING -HBIC: 66000 NAIL SCULPTURE DESIGN - HBIC: 21500 NECKTIE & BOW TIE DESIGN-HBIC: 18240 NEWSPAPER PUBLISHING- HBIC: 12200 NURSING AGENCY - HBIC: 31600 OFFICE SPACE PLANNING- HBIC: 83100 OPTICAL ACCESS. SALES - HBIC: 52600 PARTY CLOWN- HBIC: 11100 PENSION FUND MANAGEMENT - HBIC: 19800 PERFUME MANUFACTURER- HBIC: 63160 PERSONALIZED CARDS - HBIC: 82100 PEST CONTROL -HBIC: 18000 PHOTOGRAPHIC ART SERVICE -HBIC: 66150 PHOTOGRAPHY -HBIC: 27300 PORTRAIT PHOTOGRAPHY-HBIC: 62100 PROFESSIONAL CONSULTANT - HBIC: 33100 PROF. DEV. CONSULTANT -HBIC: 36400 PROF. SECRETARIAL SVC - HBIC: 10600 PROF. SPEAKER- HBIC: 60000 PROPERTY MANAGEMENT - HBIC: 60600 PUBLIC REL. CONSULTANT - HBIC: 11250 PUBLIC REL. CONSULTING-HBIC: 29100 QUILT SALES & SERVICE -HBIC: 16260 REAL ESTATE AGENCY-HBIC: 31500 REAL ESTATE MANAGEM'T - HBIC: 31700 RECORDING STUDIO -HBIC: 61800 RESEARCH WRITING-HBIC: 91200 RESIDENTIAL CLEANING SERVICES - HBIC: 16600 SCHOLARSHIP MATCHING SVC - HBIC: 80620 SEWING SERVICE -HBIC: 1.3300 SHOPPING SERVICE -HBIC: 43500 SMALL BUSINESS CONSULTING - HBIC: 20100 SPEAKERS BUREAU -HBIC: 42260 SPECIAL EVENT SERVICE -HBIC: 93200 STAT. & OFFICE SUPPLY SALES - HBIC: 44200 TECHNICAL WRITING-HBIC: 40600 TELECOMMUNICATION AGENCY - HBIC: 82945 TELECOMMUNICATION SERVICE - HBIC: 82901 TELEMARKETING- HBIC: 27200 TELEPHONE ANS. SERVICE -HBIC: 90000 TELEPHONE LONG DISTANCE SERVICE - HBIC: 52166 TELEPHONE 900 SERVICE - HBIC: 52100 TEXTBOOK SALES - HBIC: 14400 TOY& GAiME SALES -HBIC 49300 TRANSPORTATION - HBIC: 37465 NATIONAL REGISTER OF U.S. HOME BASED BUSINESSES Pape 51 RAVEL AGENCY- HBIC: 29000 is TYPING SERVICE - HBIC: 32650 UPHOLSTERING SERVICE - HBIC: 57800 UTILITY BILL CONSULTING- HBIC: 10240 VAN TRANSPORTATION-HBIC: 37465 VACATION HOME DESIGN - HBIC: 87200 VCR REPAIR HBIC: 19700 VENDING MACHINE SERVICE - HBIC: 10550 VIDEO PRODUCTION- HBIC: 14100 VIDEOGRAPHY - HBIC: 27000 VOICEMAIL SERVICE - HBIC: 10460 WATER PURIFICATION SYS. - HBIC: 67000 WEDDING CONSULTANT - HBIC: 11500 WEDDING PLANNING SERVICE - HBIC: 36600 WINDOW DRAPERY DESIGN - HBIC: 68550 WINDOW WASHING SERVICE - HBIC: 42600 WORD PROCESSING SERVICE - HB[C: 68100 WRITING SERVICE - HBIC: 12692 The definitions for the Business Trade Group Master List is published in the "Home Based Business Occupational Handbook." [Publications Conferences, & References Section) (c)Copyright 1995, All Rights Reserved Published by. The National Association of Home Based Businesses, (NAHBB) (cannot be reproduced without the written permission of the NAHBB) Electronic Newsletter Nee 1 In Home HOW BASED BUSINESS` M O.S.A. HOME BMN BUSINESS'-` Information Superhigl waY SPECIALS! fpPPt J NTAL LWOME QPPORTUN1TlE5i:7_ �t;l�r�fy*`3 ORDER 3y_p902MW%US`a�� a;s ACC �V ONE FLAT RATfi. E,.°<ENTfa,�• Companion Sites Expands to all 50 �ar+u ournrxs States The NAHBB has expanded its Companion Sites to all 50 states. These Internet HomeSites will give home based businesses a focal point on the Internet. Because most home based business have local markets, we have dedicated statewide sites to them for local listings or to design their own home pages. Special Events: National Workshops to Highlight Supplemental Income Opportunities HOBUS-TEL is kicking off a national series of Supplemental Income Opportunity workshops and conferences. These workshops will focus on Growth Capital Funding for home based business owners. Most entrepreneurs have enough capital to start a home based business, but not enough to grow one. These workshops will focus on alternative growth funding sources. For workshops scheduled for your area call: (410) 581-7894. it Home Based Business Day Seminars The NAHBB will sponsor more than 35, Home Based Business Day Seminars starting in late 1997. These seminars consist of mini-workshops and exhibits. The mini-workshops cover a range of topics from how to Start a Business to Introduction to International Trade. If you are thinking of starting a home based business and need extra money to grow your business, you should attend a Home Based Business Day Seminar when it comes to an area near you. For more information call the NAHBB at (410) 363-3698. Electronic Newsletter Pave_ 1 vt Home Training Program for Independent Traders The Exporters Incubator now conducts a correspondence course for individuals who want to become exporters and importers. Individuals who complete the 12-week training program will be awarded a Certificate of Certification by the International Association for Business Organizations (INAFBO). Unlike graduates of other international trade training programs, Certified International Traders, (CITs)graduate into a traders network. This network allows them to attach to an agency for additional importing and exporting assistance. Following is a list of new Certified International Traders who completed the home training program in 1996, Paul Kappel, CIT of New York City,Darrin M. Wheeler, CIT of Philadelphia, PA; Raymond K. Foley, CIT of Waldwick, NJ; and Marcus F. Crothers, CIT of Chicago, IL. They deserve a special congratulations, because everyone who takes the CIT training program is not awarded a Certificate of Certification. New Law Expected to have Major Impact on Business Regulations Last year the 104th Congress passes a federal regulation bill that is expected to curb a new federal proposal that could impact unfairly on small businesses. The Small Business Regulatory Enforcement Fairness Act (HR-3136, PL 104-121) will give small business owners new grounds to challenge proposed regulations that they feel could impact unfairly on them. The law's "reg-flex" provision requires that an agency review the impact of new regulations on small businesses and farmers. This law will also allow small businesses and farmers to recover attorneys fees and related costs in civil and administrative actions that put a small business against the federal agency. Senator Bond of Missouri, the Republican Chairman of the Small Business Committee, a vocal supporter of the new law, will oversee the enforcement of the law. (Source: December 1996 issue of the CQ Monitor, a Congressional Quarterly.) SURVEY FOUND THAT MOST HOME BASED BUSINESSES NEEDED TO BE FINANCIALLY SUBSIDIZED The NAHBB conducted a survey of members, Internet subscribers and random telephone interviews from home based business owners and found that many of them needed to be financially subsidized if they are to have a chance to succeed. The old theory of starting a blecrronic Newsletter Page 3 business from scratch with little or no cap— is no longer possible. Most small businesses that start today have very little equity, so it is hard for them to obtain loans from traditional institutions such as banks and venture capitalists. Therefore these businesses are usually-financed through savings and/or borrowing from family and friends. Using this type of financing without the aid of a detailed business and marketing plan can result in under-financing. Because of the emotional attachment to this type of funding, it is difficult to get additional capital when the business needs it. Even though many of the businesses in the survey had enough capital to get through the start-up phase, most are having a hard time making it in the growth phase. Business owners who were able to qualify for loans to get started are unable to get the additional capital necessary to grow their business ventures. Many have depleted their savings or other equity funds until they are in debt. Some of the businesses have become liabilities and are draining the family budget. Some entrepreneurs in the survey work outside jobs, to earn additional revenues to support their start-up business, however, a job provides a fixed income source and is unable to support a growing business. Most entrepreneurs who start a business badly underestimate their family's needs during the business growth period. Individuals who believe they can offset the lack of a stable job or other income sources with a new home based business are sadly mistaken. Today a family of four needs two incomes to break even and a third to move ahead. A home based business could be the answer for many families if properly structured it could replace the third job that many families will need in the future. However, finding and starting the right business can be very difficult. The NAHBB survey also asked individual inquirers who were not in business why they wanted to start a home based business. The top ten reasons were as follows: I. I'm tied of working for others and want to use my talents to start a business of my own 2. Want to stay home with my children 3. Our family needs another source of income 4. Just got laid off and need money 5. The company I worked for has downsized 6. I always wanted to start this type of business but just decided to do it now 7. I make craft items and want to turn them it into a business 8. I want to use my computer to earn extra money 9. I want to change careers 10. I want to turn my hobby into a business Many of the reasons given above may not be good reasons for starting an independent business venture, however they are excellent for earning supplemental incomes. A national study Electronic Nensletter Page 3 inducted by the Census Bureau shows ...at Americans will change jobs more than ten times in their lives. In this new age of downsizing, a properly supported home based business could be the answer for some people. Home Managed Opportunities As a result of the survey, the NAHBB now divides home managed opportunities into independent business opportunities and supplemental income opportunities. An Independent Business Opportunity has a proven track record of success that lets the purchaser determine the credibility of the claims made by the seller. It can stand alone as a single income source and should give the purchaser a real chance at success, however it will need financial support in the early stages of its growth. A Supplemental Income Opportunity must be added to an existing revenue stream to support the personal and business needs of the purchaser. The best supplemental income opportunity needs very little up-front cash and can provide a steady residual and/or override income. Supplemental income opportunities that pass the evaluation by the NAHBB Clearinghouse Division may use the Option/Plus Program to market their products and services within the NAHBB. Many of the new option/plus income opportunities are administered by the NAHBB or its subsidiary organizations. The Option/Plus Program provides home based business owners with discount savings and income opportunities. It bands home based businesses together to increase their collective buying and selling powers. The NAHBB does not recommend supplemental incomes for a business over a long period of time. It believes an independent business of ones own is the best way to achieve financial freedom. However, a supplemental income source can provide weekly and monthly residual income that can be used to help grow a business. Because loans in sufficient quantities are unavailable to most home based businesses, the only income sources that are readily available are supplemental income opportunities. ------------------------------------Classified ad----------------------------------------------- WANTED - HOME BASED BUSINESSES Need money to grow your business? Become an exclusive marketing agent for the TELECOMMUNICATION FLAT RATE PLAN, for home based businesses. Earn both residual and override incomes, and add an extra revenue stream. This supplemental income opportunity is designed to work in harmony with your existing business. Our Option/Plus Infinity Marketing System allows you to build your own sales& marketing team to earn Electronic Newsletter page 5 growth capital for your business. Minimu.__ .nvestment $80. Call: (410) 581-7894 or E-mail. The U.S.A. Page I ItU.SA HOME BASED BUSINBS` Information Superhighway Superhighway Opportunities The National Association of Home Based Businesses (NAHBB) has established an Information Superhighway designed especially for home based businesses. When fully installed it will give members and subscribers a quick and reliable source of trade, business, management, and direct and network marketing information, to make sure that opportunities created by the Information Superhighway remain in the hands of home based entrepreneurs. The NAHBB has authorized four different types of Home Business Computer Workstations. These workstations' operators are the chief providers for the Information Superhighway. Computer workstations specialize in data entry, consulting, training, business opportunities, and direct and network marketing. Workstations are privately owned and their operators serve as the Agent Provider for programs and services offered by the U.S.A. Home Based Business Information Superhighway. Following are the four different types of computer workstations and their specialties: • HOME BUSINESS COMPUTER WORKSTATION (Community Datasource Center) 1. Data entry - Home Based Businesses 2. Monitor - Community HBBs Activities 3. National Register of U.S. Home Based Businesses 4. Seminars, Workshops, & Exhibits- (predetermined), (Q) • HOME BUSINESS COMPUTER WORKSTATION (Sales/Marketing of Memberships& Endorsements) 1. Data entry - Marketplace Businesses 2. HBB's Mailing List Service, (Q) 3. National Register of U.S. Home Based Businesses 4. Home Based Business - Resource& Support Guide, (Q) • HOME BUSINESS COMPUTER WORKSTATION (Small Business Training& Development) I. Data entry- Professional Consultants/Support Associates 2. Seminars, Workshops, and Specialized Classes, (Q) 3. Evaluate and Develop New Programs& Services, (Q) 4. Trade Journals,Newsletters, & Bulletin Boards 5. National Register of U.S. Home Based Businesses • HOME BUSINESS COMPUTER WORKSTATION (Business Oppty and Direct Marketing) 1. Data entry -Business Oppty& Distributorships 2. Multi-Inserted Mailers, (Q) 3. Home Based Business Mailers, (Q) 4. National Register of U.S. Home Based Businesses 5. Business Opportunity& Distributorship Program The USA Page- The above prices include training in a selected computer workstation. You mt _. qualify for the programs and services marked (Q) separately. If you want to qualify for any of the above opportunities, call (410) 581-0071 or write to NAHBB Inc., 10451 Mill Run Circle, Suite 400, Owings Mills, Maryland 21117. The Home Based Business Infomradon Superhighway Page I Home 4 ME USA ROME BASED BUSINESS11 Information Snperhighruay BUSINESS OPPORTUNITY PROGRAM Definition: The National Association of Home Based Businesses (NAHBB) has a Clearinghouse Division that seeks business opportunities with a proven track record. These opportunities should give the individual partner a REAL CHANCE AT SUCCESS. Each business opportunity is listed under a category heading with similar businesses nationally. There are over two hundred (200) classifications of home occupations. The NAHBB assigns each type of business it accepts into its Business Opportunity Program an HBIC code guide number. This number allows business opportunity seekers to get additional information about their choice. Business Oppty Provider The NAHBB seeks quality business opportunities that can be managed from home. Business associates that offer a business opportunity that gives the purchaser a real chance at success, can apply to the NAHBB Clearinghouse Division for a listing in the Business Opportunity Program. The NAHBB also offers endorsements to companies with a proven track record of success. Business opportunities that are enrolled in this program will be marketed both by electronic and print publications. Business Opportunity Providers must agree to a long term commitment to the home based business enterprise they sell. Business Oppty Seeker The National Association of Home Based Business gets hundreds of calls and inquirers weekly from individuals seeking a business they can manage from home. The NAHBB sends them the business opportunities that have qualified to be listed in our Business Opportunity Program. The NAHBB also offers a business opportunity membership that allows members to get a business opportunity profile, this profile helps them determine the type of business that will give them the best chance to The Home Based Business Information Sv—rhighway Page 2 succeed. Members are placed on a specializes imputerized lists where they are kept informed when new opportunities in their field of interest are accepted into the program. They receive a quarterly update of the lists and/or Business Opportunity IntroPack Mailer. Business Oppty Listings: ❑ DECKTRON COMPUTER DISTRIBUTORSHIPS - HBIC: 46580 Decktron Computer are manufactued to fit our customers needs. Our customers tell us their computer requirements and we build a system to fit their business or personal needs: They come in desktop, notebooks and mini-towers. They are custom configued to meet the specific needs of the end user. The Decktron distributors are granted protected territories, where they are allowed to market decktron computers exclusively. ❑ HOME BASED ADVERTISING AGENCY- HBIC: 24850 Now you can open your own Home Based Advertisemnet Agency and sell ads and classifieds to home based and marketplace businesses. The National agency for home based businesses. These agencies specialize in market of print publication such as, newspapers, magazines, catalogs and direct market mailers. The Home Based Business Advertising Agency is paid a sales override of 20%to 35% commision the highest in the industry. These are some 45 million people work from home of rY P P the group a third are considered home managed businesss. Home based businesses are the fastest growing segments of the U.S. economy. They are growing at an annually rate of 19%. Your Home Based Business Advertising Agency can service this lucrative market. ❑ BICYCLE DISTRIBUTORSHIP -HBIC: 42350 Own a bicycle distributorship that contains 16" and 20" children, adult and mountain bikes. This distributorship can be started with very little inventory. The World Bike Distributorships are part of a network marketing system that allows others to work with you. Our distributors have the option to sell bikes directly to consumers or build sales teams to market their bikes through both wholesale and retail outlets. Local distributors have protected territories. Master distributors have the exclusive rights to sell parts and conduct repairs on bikes sold in their territory. This distributorship can be managed from home full or part-time. ❑ HOME BUSINESS COMPUTER WORKSTATION -HBIC:26500 Now you can put your computer to work from home, start a computer workstation. Owning a computer workstation will make you eligible for training as an Agent Provider for the U.S.A- Home Based Business Information Superhighway. The Information Superhighway combines three of the fastest growing segments in the US economy, home based businesses, direct mail databases, and on-line computer services. The Home Business Computer Workstation will play a major role in this new 80 billion dollar industry. Computer workstations specialize in The Home Based Business Information Superhighway Pagc d, entry, business opportunity, training, sacs and direct marketins. They are privately owned and managed. They were created specially for home based entrepreneurs, because the NAHBB wanted to keep these new opportunities created by its Information Superhighway in the hands of home based businesses. ARTS & CRAFTS CATALOG/DISTRIBUTORSHIP - HBIC: 11000 The Arts and Crafts Distributorship program has two distinct parts. The first is to identify artists who make quality arts and crafts items, that can be sold and distributed through a catalog. The second part consists of locating individuals who want to market and sell arts and crafts items. CATALOG ASSEMBLY - The National Association of Home Based Businesses is compiling and arts and craft catalog for members. The catolog will be made avaliable to individuals and businesses who want to sell and/or distribute arts and craft items. These are national publications and only items that can be sold nationally will be accepted. DISTRIBUTORS - Individuals who want to market arts and crafts items can now create their own distributorship. They can sell items from the master catalog to crate their own mail order business. Qualified distributors can contact each artist individually and arrage to become a distributor for selected items. Distributors can also sell directly to consumers or create their own distributorship and have others working for them.. o ATHLETIC SHOE DISTRIBUTORSHIP - HBIC: 26800 The Solar Shoe Company specializes in international name brand athletic shoes and hiking boots. Our high impact running,jogging, baseball and basketball shoes are made with durable light weight materials. The athletic shoe industry in the United Stated is a 6 billion dollar industry. Now ordinary people can enter this lucrative multi-billon dollar market with a Solar Shoe Distributorship, Qualified distributors can build their own sales and marketing teams. Some build multi-level sales organizations to distribute their shoes directly to consumers. Very little inventory is required to get started, These shoes can be sold by mail order or through other methods of marketing. o EYEGLASS FRAMES & SUNGLASS DISTRIBUTORSHIP -HBIC: 85620 Atlantic Optical Frameware wants distributors to own and manage distributorships and to maket eyeglass frames and sunglasses. The optical business in the U.S. is a 14 billion dollar industry. Now you can join this lucrative industry and distribute American, European & Ethnic style frames. Our high fashion frames are hand made with quality materials. You can sell your optical frames and sunglasses directly to consumers or through other retail and wholesale outlets. The Atlantic Optical Frame Distributorship was featured in the March issue of your money magazine as one of the top home based businesses in 1995. This distributorship can be managed full or part-time and from home. The Home Based Business Information S^nerhighway Pape 4 TURi-4 YOUR SUCCESSFUL HOME BASE BUSINESS INTO A DISTRIBUTORSHIP If you have started a successfi l home based business with a proven track record of success you can turn it into a distributorship or franchise. The National Association of Home Based Businesses is seeking opportunities that will give the individual purchaser a Real Chance at Success. Acceptable business opportunities will be marketed through the NAHBB's printed publications and on the Information Superhighway for home based businesses. Have your business opportunities evaluated today, because only a limited number of businesses from the same trade will be accepted into our joint marketing program. ORDINANCE NO. 253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 26th day of March, 1981, hold a duly noticed Public Hearing to consider an amendment of the Zoning Ordinance, Chapter 25.66 relative to the regulation of Home Occupations; WHEREAS, the Planning Commission, by Resolution No. 682, has recommended approval ; WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89% in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve a Zoning Ordinance Text Amendment: 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. 3. That the Zoning Ordinance Amendment would better serve the public health, safety, and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm ] Desert, as follows: )! 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Zoning Ordinance Amendment as provided in the attached Exhibit, labeled Exhibit "A", to amend Municipal Code, Chapter 25.66. 3. That said Negative Declaration of Environmental Impact is hereby approved. 4. The City Clerk is directed to publish this ordinance once in the Palm Desert Post, a newspaper of general circula- tion, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 9th day of April 1981, by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None 1 /L! . RO ILSON, Mayor ATTEST: , : / SHEILA R. uHN, City,,91erk City of Pa Desert, C fornia /lr ORDINANCE NO. 253 Page Two EXHIBIT "A" Chapter 25.66 HOME OCCUPATIONS Sections: 25.66.010 Purpose 25.66.020 Regulations 25.66.030 Use permit 25.66.040 Term and renewal of permits 25.66.050 Appeals 25.66.060 Permitted uses 25.66.070 Prohibited uses 25.66.080 Permit fee 25.66.010 Purpose. This chapter is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by its occupants. The use must be clearly incidental to the use of the dwelling and may not change the character thereof nor adversely affect the uses permitted in the district of which it is a part. The purpose of a home occupation shall be limited to the use of the home for telephone and mailing address purposes only. 25.66.020 Regulations. Home occupations allowed by the provisions of this title shal a granted by the zoning administrator provided the home occupation complies with the following regulations: A. There shall be no stock in trade other than products manufactured on the premises. B. A home occupation shall not be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling. C. A home occupation shall not be conducted in an accessory structure, and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling. D. There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site. E. No one other than a resident of the dwelling shall be employed in the conduct of a home occupation.: F. No mechanical , electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit except machinery, equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery equipment or stock materi.dl does not generate, emit or create noise, dust, vibration, ordor, smoke, glare, electrical interference, fire hazard or any other hazard or nui- sance to any greater or more frequent extent than normally experienced in an average residential neighborhood. G. A home occupation shall not create any radio or television interferenc or create noise audible beyond the boundaries of the site. H. No sale of products or service on the premises except by mail or telephone. I. No contact with the public on the premises except by mail or telephone J. Vehicles: 1. It shall be unlawful to park or store any commercial vehicle on property which is zoned for residential use. One pickup truck or van of one (1) ton or less shall be exempted. 2. Commercial vehicle means a vehicle of a type required to be registered .. under the California vehicle code as a commercial ., vehicle and used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property used in the home occupation. K. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount of the district. L. No delivery to or from the premises by commercial vehicles, cars, vans or stationwagons of a supplier or vendor. Delivery of product and pickup of supplies or materials shall be made in a noncommercial vehicle by the proprietor or resident help of the home occupation. ORDINANCE NO. 253 Page Three M. No more than 400 square feet of the dwelling area, shall be employed for the home occupation. N. No garage, accessory building or open ground space shall be employed for home occupation or for storage of equipment, supplies or products, except the vehicle (and equipment, supplies or products stored within the vehicle) employed by the home occupation. 25.66.030 Use permit. A. Application for a home occupation use permit shall be made to the zoning administrator on a form supplied by the city planning commission. The zoning administrator shall issue a permit upon determining that the proposed home occu- pation meets all the requirements of this chapter. B. Applicant for home occupations permit shall provide the zoning administrator with the name and address of the property owners of adjacent properties and those across a street or alley from the property in which the home occupation will occur. C. The zoning administrator shall notify adjacent residents of said application, and determine if there are any objections to the issuance of said permit. D. The zoning administrator shall notify adjacent property owners of his decision. 25.66.040 Term and renewal of permits. A. All use permits for home occupations shall continue in existence and shall be automatically renewed on a year-to-year basis unless the zoning administrator denies renewal in accordance with the provisions of this chapter. B. If applicant agrees the zoning administrator may issue a home occupa- tion permit for less than one year. C. If during the year the zoning administrator finds that the home occupation has become a nuisance to surrounding property owners, the administrator may revoke said permit. 25.55.050 Appeals. The decision of the zoning administrator may be appealed to the planning commission in the manner prescribed in Section 25.86.020 and 25.86.030 of this Chapter. 25.66.060 Permitted uses. A. Sales and service type business with no on-site contact (home occupation address) with the public such as, but not limited to: accountant architect, draftsman, etc. artist author contracting service dress designer engineers gardener insurance agent pattern designer, clothing photographer pool maintenance sale of product or service (mail , telephone, or off premises sales) to public or business firms typist B. Production and assembling of small quantities of items such as: Drapes clothing games jewelry knick-knacks macramA novelties potted plants toys ORDINANCE NO. 253 Page Four 25.66.070 Prohibited uses. A. The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations: auto repair barber and beauty shops bicycle repair carpentry work dance instruction laundering service medical and dental offices painting of vehicles, trailers or boats photo developing photo studios private schools with organized classes radio and television repair upholstering welding B. Other uses as determined by the zoning administrator may be prohibited if deemed unacceptable in that they will substantially impair the use and value of a residential neighborhood. 25.66.080 Permit fees. Upon initial issuance and renewal of a home occupation use permit, the zoning administrator shall collect a fee for the permit as determined by resolution of the city council . 1 i AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, FEBRUARY 19, 1997 3:00 P.M. - COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER: II. DISCUSSION ITEMS: A. Review of draft R-1 zone district ordinance. III. ADJOURNMENT SS/db MINUTES ZONING ORDINANCE REVIEW COMMITTEE FEBRUARY 5, 1997 I. CALL TO ORDER: The meeting was called to order at 3:10 p.m. PRESENT: Jean Benson,Jim Ferguson,Bob Leo, Frank Urrutia,Phi]Drell, Steve Smith II. DISCUSSION: The committee discussed at length setback issues in the various R1 zones and coverage limits associated with the setbacks. The consensus was that if someone met the setbacks then the coverage limit was redundant. In some circumstances the coverage could approach 60%. The committee discussed the appropriateness of the existing rear setback standard and agreed that a lesser amount may be acceptable if the same average is maintained. An average could also be acceptable on the front yard. In the case of side yards the existing setbacks were deemed acceptable. In order to avoid having 18 foot high gable roof units at minimum side yard setbacks it was suggested that we should establish a sliding scale where the maximum height at minimum setback would be 12 feet and would increase to the maximum of 18 feet when the setback equals the minimum setback plus 12 feet. The committee agreed that we should retain the coverage limit but raise it to 50% maximum. Coverage would include dwelling, garage and any structures on the property with roof and enclosed sides. Open patios with roofs but no sides would not be included. The committee agreed that the new Rl standards should include shading requirements over specific exposures. Staff agreed to prepare a draft of the new RI zone provisions which will be presented at the next meeting which will be February 19, 1997, III. ADJOURNMENT: The meeting was adjourned at 4:15 p.m. ST VE SMITH PLANNING MANAGER SS/db Chapter 25.16 Rl SINGLE-FANIILY 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 Rl 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 occupations, 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; F. Private schools and colleges, not including art, business, or trade schools or colleges; Chapter 25.16 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, fiftypercent; 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, fift 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) 2 Chapter 25.16 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, fifty 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 Rl district: A. Maximum building height, eighteen feet and maximum one story in height; B. Buildings shall not exceed 12 feet in height at the minimum side yard setback. For each foot in height above 12 feet the side yard setback shall be increased by one foot. In no event shall the maximum height exceed 18 feet: C. Buildings shall not exceed 12 feet in height where the rear setback is 15 feet or less For each foot in height above 12 feet the rear yard shall be increased by one foot In no event shall the maximum height exceed 18 feet: D. Buildings shall not exceed 12 feet in height where the front setback is 15 feet or less. For each foot in height above 12 feet the front setback shall be increased by one foot In no event shall the maximum height exceed 18 feet: E. In any RI zone where the minimum front setback is 20 feet the maximum building height at the minimum setback shall be 17 feet For each foot in height above 17 feet the setback shall be increased by one foot In no event shall the maximum height exceed 18 feet: F. All parking and loading shall comply with the provisions of Chapter 25.58; G. For provisions regarding utilities, see Section 25.56.090; H. All signs shall be in compliance with Chapter 25.68; I. All development shall comply with the provisions of Chapter 25.70 for site plan review by the design review process. (Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-8 - 25.10-8.05). 25.16.090 Front and rear yard setback exceptions. Front and/or rear yard setbacks may be reduced by uu 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 of at least 25 feet for the remaining 25 feet of its width). 3 i Chapter 25.16 25.16.100 Roof mounted equipment. All roof mounted equipment including but not limited to heating, venting,entin , cooling,ooling, 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). 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: 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 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 proof enclosure. 25.16.120 Private tennis courts. Private tennis courts are subject to review and shall be constructed in the following manner: A. A minimum five foot setback shall apply from side and rear lot lines, and a minirnum twenty foot setback shall apply from front lot lines; B. There shall be no more than one tennis court for each residential parcel of land: C. Private tennis courts shall not be used for commercial 12=oses and shall be used only by the residents and their invited guests: D. All tennis court 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 with a combination of walls, berms and landscaping: E. A landscape and irri Ration plan shall be provided for review and approval by the Architectural Review Commission. F. If the proposal for a private tennis court includes the provision of lightine 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. 4 .. 25.16.010 Chapteir aid 2516.OM0 Caonditlonal Uses. The following Uses may be permitted subject to a R1 SINGMFAMII.Y RIE:SMOMAL DISTRICT conditional use permit: A. Boardinghouses and roominghooaes; B. Churchhes,convents,monasteries and other reli- Sections: gions institutions; I2516.010 Purpose. C. Day nurseries and nursery schools; k 25.16.020 Principal am and structures D. Fue stationx E. Private recreational facilities such as country pates0 permitted. oars dubs,tennisandswim dubs,golf courses,withinciden- 25.1603 4 25.16.00 Prohibited wen tal.limited commercial useswhich am commonly asso- 25.16.050 Development standards for lots less rioted and directly related to the primary use; F• Fate schools and colleges, not including art, than ten thousand square fed. 25.16.060 Development standards for lob business,or trade schools colleges; institutions. W than ten thousand square R Public educational stitutions la fed but less than fifteen thousand Public utility and public service facilities - fed Commercial parking lots when directly adjacent square fed. to the 4l general commercialzone and consistentwith 25.16.070 Development standards for lob recommendations of an adopted specific plan. (Ord. larger than Wteen thousand square 604 $ 2 (Exhibit A), 1990; Ord. 94 § 1 (part). 1975: feet Exhibit A$25.10-3) 25.16.080 General development standards applicable to all lots. 25.16.040 Prohibited uses. 2516.090 Font yard setback ezemdon. All uses not speafically permitted within Sections 25.16.020 and 25.16.030 shall be strictly prohibited 25.16.010 Parpos& within the(Rl)residential district.(Ord.9411(pan), 1 It is the intent of the RI district to encourage the 1975•Exhibit A$25.104) preservation of residential neighborhoods character- ized by single-family buildings on medium-sized lots 25.16.050 Development standards for lots less and to preserve undeveloped lands for similar types of than ten thousand square feet. residential development by permitting a minimum of Al development on lots less than ten thousand 1 auxiliary nonresidential uses.(Ord 94$1(part),1975: square feet as shown on the zoning map shall comply Exhibit A$25.10-1) to the following minimum development standards: A. Minimum lot area,eight thousand square feet or ( 25.16.020 Principal Uses and structures larger as determined by the city council and indicated L permitted. on the zoning map; The followinguses and structures shall be permitted B. Minimum lot width.seventy feet; ( in any RI district: C. Minimum front yard,twenty feet; ( A. Acaaory buildings,uses,and/or structures; D. Minimum mar yard,fifteen feet; B. Domestic animals; E. Minimum side yards, fourteen feet combined, C. Home occupations, as provided in Chapter each of which shall be not less than five feet; 25.66; F. Minimum street side yard,ten feet; D. Private greenhouses and horticultural collet- G. Maximum building site coverage,thirty-five per- ' tions,flower and vegetable gardens; ant; E. Public parka and recreational facilities; I. The minimum dwelling unit size as specified in F. Single-family dwelling per lot; Section 25.56320 shall be one thousand square feet on G. Temporary uses as provided in Chapter 25.64. lots less than ten thousand square feet in size.(Ord 128 r (Ord. 128 $ 1 (part>. 1976: Ord. 94 $ 1 (part). 1975: 11(part),1976:Ord.as p9)9a$1 (part).1975:Exhibit A$$ Exhibit A$25.10-2) 367 25.16.060 ' I 2S16A60 Development standards for lots larger R Minimum side yard,fifteen feet; than ten thousand square fat but less F. Minimum street side yard,fifteen feet; than fifteen thousand square fed. G. The minimum dwelling unit sine as specified in All developments on lob larger than ten thousand Section 25.56320 shall be increased to fifteen hundred square feet but smaller than fifteen thousand square square feet for all lots larger than fifteen thousand feet as shown on the zoning map shall comply to the square feet following development standards; R Maximum budding site coverage,thirty percent- A. Minimum lot depth,one hundred feet (Ord.128§§1(part�3,1976:Ord.94§1(part),1975: & Minimum lot widths,ninety feet F-xhrbit A§§25.10-7—25.10-7.08) C. Minimum front yard,twenty feet � D. Minimum tear yard,twenty feet 25.16.080 General development standards F. Mmimtmm side yards,twenty feet combined,no applicable to all lots. side leas than eight feet The following standards shall apply to all lots in an F. Minimum street side yard,fifteen feet; R1 district: G. Maamtmm building site coverage,thirty percent; A. Maximum building height,eighteen feet or one FL The minimum dwelling unit sin as specified in story in height,whichever fs less; Section 2556320 shall be increased to one thousand R All parking and loading shall comply with the ' two hundred fifty square feet for all lots larger than ten provisions of Chapter 2558; thousand squarefeetbut smallerthanfifteen thousand. C. For provisions regarding utilities, see § (Ord.128§ 1(part),2,1976:Ord.94§1 (part),1975: 2556.090, ' ExtirbitA§§25.10-6-25.10408) D. All signs shall be in compliance with Chapter 25.68; 2516.070 Development standards for lots larger F. All development shall comply with the provis- than fifteen thousand square fed. ions of Chapter 25.70 for site plan review by the design All developments on lots larger than fifteen thou- review process.(Ord 94§1(part),1975:Exhibit A§§ sand square feet as shown on the zoning map shall 25.10-8-25.10.8.05) comply to the following minimum development stan- dards 2316.090 Front yard setback exception. A. Minimum lot depth, one hundred twenty-five Front yard setbadlts in subdivision developments feet may be reduced by twenty five percent provided the B. Minimum lot width,ninety feet; average of all such setbacks is not less than the mini- C. Minimum front yard,twenty-five feet; mum required for the district(Ord 94§1(part),1975: D. Mimmrmm rear yard,twenty feet; Fihrbit A§25.10-9) i � I II 368 AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESD^ FEBRUARY 5. 1997 3:00 P.M. - COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE 1) Review of R-1 zone district standards, specifically: i) Coverage limits ii) Setbacks SS/db A MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 1) CALL TO ORDER: The meeting was called to order at 3:15 p.m. PRESENT: Jean Benson, Jim Ferguson, Bob Leo, Frank Urrutia, Steve Smith, Phil Drell ALSO PRESENT: Katrina Heinrich, Marvin Roos Mr. Roos advised that the concept plan for the northeast comer of Cook Street and Gerald Ford actually had approximately 45% landscaping shown. Accordingly,the committee agreed to change the total landscape requirement from a minimum of 25%to a minimum of 30%. The committee also discussed additional uses which could be permitted with the issuance of a conditional use permit. It was felt that in the shadow of the freeway off ramps and adjacent to the railway mini-warehouses and outdoor storage of recreational vehicles and boats could be acceptable if properly screened. Accordingly, items (viii) and (ix) were added to Section 25.104.020 Conditional Uses. Mr. Smith reviewed the draft freeway visible signage standards which had been circulated. Mr. Ferguson declared a possible conflict of interest and left the meeting at this time. The committee discussed that these"special signs"would only be permitted for commercial uses within 500 feet of the freeway. As well, the committee added to Section(ii) "that only traveler oriented users such as gas stations, restaurants, and hotels can locate on these"special signs"." The committee discussed the provision of not including in the sign area any city logo or signs. It was determined that the city wold not likely take advantage of this provision. Accordingly, it was deleted from the draft. Relative to item(v) the committee decided to increase the size limit in each category by 25 square feet, i.e.: 5 - 9.99 acre site....................125 square feet 10 - 24.99 acre site.................150 square feet 25+ acre site...........................175 square feet i MINUTES ZONING ORDINANCE REVIEW COMMITTEE JANUARY 22, 1997 The committee discussed at length how these signs should be oriented. It was agreed that the maximum number of faces shall be two and that they shall be oriented east/west to be viewed from vehicles traveling the I-10 freeway. This language was added to Section (v). Action: With the above noted changes it was moved by Bob Leo, seconded by Frank Urrutia, to endorse the revised draft Freeway Commercial Overlay Zone District standards and direct staff to process the ordinance through the Planning Commission and City Council. Motion carried 4-0. The committee also directed that the revised draft ordinance be referred to the Economic Development Advisory Committee and Architectural Review Commission for comments to be included in reports to the Planning Commission and City Council. H. ADJOURNMENT: The meeting was adjourned at 4:35 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: Councilman Crites FROM: Steve Smith, Planning Manager DATE: February 3, 1997 SUBJECT: Proposed Freeway Visible Signage Pursuant to our discussion on the proposed Freeway Visible Signage ordinance,please find attached colored photographs of the Arco sign at Date Palm Drive and Interstate 10. We have been advised that this sign is 25' 9" x 7' 9" for an area of 145 square feet. This sign is approximately 52 feet high. ST VE SMITH " PLANNING MANAGER Attachment SS/db MINUTES ARCHITECTURAL REVIEW COMMISSION JANUARY 28, 1997 2. CProposed `Freeway Commercial Overlay Zone District': Mr. Smith noted that the commission received a draft copy of the proposed 'Freeway Commercial Overlay Zone District' ordinance that is being presented to the planning commission on February 18th. He explained that what this does is establish overlay zone areas at the freeways where drive-thin restaurants can be approved through a conditional use permit. It also approves freeway signage as high as 60 feet. It limits the number of signs on the freeway signage to a maximum of six. It also throws out the color limits because they want to encourage people to use their national logos so that the drivers will be able to recognize them from a distance and can decide if they want to exit the freeway before they actually reach the offramp. Commissioner Holden asked if the placement of the signage will be controlled. Mr. Smith indicated that it would. 3. Chain Link Fence for Driving Range at College of the Desert: Commissioner O'Donnell reported that he and Commissioner Connor met with representatives from College of the Desert and the operators of the driving range regarding their chain link fence. He indicated that the current owners of the driving range are selling the facility and the new owners presented a new plan showing the majority of the chain link fence being changed to wrought iron,especially the fence fronting Fred Waring Drive. They will also be adding quite a bit of landscaping along San Pablo and will be eliminating the fence at the library. Whatever fence is remaining in chain link will be painted black to match the wrought iron. Commissioner O'Donnell indicated that the final plan will be back before this commission before a final agreement is made. He added that it was also agreed to place a monument sign on the comer of San Pablo and Fred Waring Drive to be consistent with what the city is doing with sandstone. V. ADJOURNMENT: The meeting was adjourned at 2:05 p.m. VE SMITH PLANNING MANAGER SS/db 6 F AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M., WEDNESDAY, JANUARY 22, 1997 COMMUNITY SERVICES CONFERENCE ROOM 1) Further review of site plan for food park at Cook Street and Gerald Ford to determine appropriate landscape requirement. New information to be provided. II) Review of revised draft ordinance - Freeway Commercial Overlay Zone District - including freeway visible signage standards. III) Motion of committee to forward draft Freeway Commercial Overlay Zone ordinance to Planning Commission for public hearing. MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Present: Jim Foxx, Jean Benson, Jim Ferguson, Frank Urrutia, Tim Bartlett, Steve Smith Also Present: Katrina Heinrick, Marvin Roos Mr. Roos presented and described a conceptual site plan for the food court at the northeast comer of Cook Street and Gerald Ford Drive. The plan provided a 20,000 square foot common use area (picnic area) and provided total landscape area in the range of 20% to 25%. After considerable discussion the committee agreed to require a basic minimum of 25% of the total area be landscaped. The intention being to preserve large common use areas for public purposes such as picnic areas,dog run, and also provide a high level of perimeter landscape quality. The 25% requirement to be split 15/10 with 15% going to perimeter treatment and 10% to the common use area. Member Ferguson argued for a 30% minimum to be split 15/15 with the stipulation that planning commission could reduce the amount if an acceptable plan is presented which is less than 30%. He felt that it wold be easier to grant an exception to a lesser amount than increase the amount when a plan meets the 25% level but is still acceptable. The committee discussed the revised draft FCOZ ordinance and felt that the parking numbers were acceptable. The number of spaces needed for a service station with service bays is not the problem, rather the operation/storage of vehicles should be approached from other means of enforcement (i.e. don't allow overnight storage of vehicles). The committee discussed the matter of allowing planning commission to increase or decrease the prescribed number of parking spaces with a showing of good cause. It was decided to relocate this paragraph to be above the section delineating the requested number of parking spaces and to place the"may increase the number of spaces"before"may decrease the number of spaces". It was agreed that the "showing of good cause" should relate to operational characteristics or where uses are clearly different. The planning commission would have to avoid the appearance of acting in a capricious manner. i MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Member Benson noted that the draft ordinance did not include a section on"Freeway visible signs". It was decided that the ordinance must include a signage section. Issues to be decided: i) minimum distance between signs ii) maximum number of signs per site iii) maximum distance to freeway iv) maximum height of signs (performance standard should be used) v) minimum letter or logo size vi) maximum number of businesses to be located on one sign vii) maximum sign face area to be permitted It was decided that the next meeting would be Wednesday, January 8, 1997 at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 DRAFT FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25./O .010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25. .020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: i) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii commercial recreation and amu eme t establishments N i' ✓vw+2l G✓p� 0() 4- t3 v a 25._em Development Standards. fY3i7 Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual,projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. it FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur (i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station(no service bays) 5 spaces Automobile Service Station (with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general 'See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive- through lane Hotel See M.C. Section 25.58.310 b) Setbacks Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Lmdsqglin �v �� t KF� All master pl ed projects appCve'd through the FCOZ process shall provide a minimum of at least a percent ( landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 2 J FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT DEFINITIONS Restaurant, General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates,utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation,retail sale, and consumption on site of food and beverages. Restaurants include,but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The tern restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing,waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food,beverages and sundries from a facility having less than 2500 square feet of gross floor area. 3 FREEWAY VISIBLE SIGNAGE Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: i) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign /�sh 11 be 5� acres. / iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall not exceed 60 feet. Actual f height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: E NI 15� a) any obstacles(such as buildings, trees, overpass structures) between the sign )N ( face and vehicles driving on the I-10 freeway; YY b) design and size of the sign base; b c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. 1 / Site from 5.0 acres to 9.99 acres= `Z40a square feet I/ Site from 10.0 acres to 24.99 acres Lott-9-square feet ryy Site of;5.0 acres or greater= /7r439-square fee y yln;w nnu 07 51yv fbcGs� 54aa h� 7um(2/ w t 5�aL44 'Le e sign im city i rfi ation to ,th are all not a included ' t max si ace area. vi) Maximum number of businesses to be identified on any freeway visible sigh face shall be six(6). The A.R.C.may reduce the maximum number of businesses to avoid clutter and/or lack of readability. I i vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the I-10 freeway. iFi V 5, Sh�IP -P� AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, JANUARY 891997 COMMUNITY SERVICES CONFERENCE ROOM n Further review of site plan for food park at Cook Street and Gerald Ford to determine appropriate landscape requirement. New information to be provided. II) Review of revised draft ordinance -Freeway Commercial Overlay Zone District - including freeway visible signage standards. III) Motion of committee to forward draft Freeway Commercial Overlay Zone ordinance to Planning Commission for public hearing. s � OL- MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Present: Jim Foxx, Jean Benson, Jim Ferguson, Frank Urrutia, Tim Bartlett, Steve Smith Also Present: Katrina Heinrick, Marvin Roos Mr. Roos presented and described a conceptual site plan for the food court at the northeast corner of Cook Street and Gerald Ford Drive. The plan provided a 20,000 square foot common use area (picnic area) and provided total landscape area in the range of 20% to 25%. After considerable discussion the committee agreed to require a basic minimum of 25% of the total area be landscaped. The intention being to preserve large common use areas for public purposes such as picnic areas,dog run, and also provide a high level of perimeter landscape quality. The 25% requirement to be split 15110 with 15% going to perimeter treatment and 10% to the common use area. Member Ferguson argued for a 30% minimum to be split 15/15 with the stipulation that planning commission could reduce the amount if an acceptable plan is presented which is less than 30%. He felt that it wold be easier to grant an exception to a lesser amount than increase the amount when a plan meets the 25% level but is still acceptable. The committee discussed the revised draft FCOZ ordinance and felt that the parking numbers were acceptable. The number of spaces needed for a service station with service bays is not the problem, rather the operation/storage of vehicles should be approached from other means of enforcement (i.e. don't allow overnight storage of vehicles). The committee discussed the matter of allowing planning commission to increase or decrease the prescribed number of parking spaces with a showing of good cause. It was decided to relocate this paragraph to be above the section delineating the requested number of parking spaces and to place the"may increase the number of spaces"before"may decrease the number of spaces". It was agreed that the "showing of good cause" should relate to operational characteristics or where uses are clearly different. The planning commission would have to avoid the appearance of acting in a capricious manner. r i MINUTES ZONING ORDINANCE REVIEW COMMITTEE DECEMBER 4, 1996 Member Benson noted that the draft ordinance did not include a section on"Freeway visible signs". It was decided that the ordinance must include a signage section. Issues to be decided: i) minimum distance between signs ii) maximum number of signs per site iii) maximum distance to freeway iv) maximum height of signs (performance standard should be used) v) minimum letter or logo size vi) maximum number of businesses to be located on one sign vii) maximum sign face area to be permitted It was decided that the next meeting would be Wednesday, January 8, 1997 at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 s s - DRAFT FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25. .010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone; In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25. .020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: i) restaurants general including drive-thm restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments 25. .303 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five (5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking The required number of parking spaces for a combined development shall be cumulative for all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that a shared use will occur(i.e. a restaurant which serves a hotel) or with a showing of good cause the planning commission may increase the number of parking spaces required. Automobile Service Station(no service bays) 5 spaces Automobile Service Station(with service bays) 4 spaces/bay Convenience Store 1 space per 250 sq. ft. . of GFA/Min. 10 spaces Car Wash 16 spaces Restaurant, general See M.C. Section 25.58.310 Restaurant, drive through See Restaurant, general plus at least 7 spaces in drive- through lane Hotel See M.C. Section 25.58.310 b) Setbacks Setbacks shall be as prescribed in the base zone and/or Automobile Service Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping All master planned projects approved through the FCOZ process shall provide a minimum of at least twenty-five percent (25%) landscaped open space, of which at least half of the common usable public space which can include picnic area; a dog park, a kids land, as well as landscaped setback areas. With a showing of good cause, the planning commission may increase the minimum landscaped open space requirement. 2 I FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT DEFINITIONS Restaurant, General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates,utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation,retail sale, and consumption on site of food and beverages. Restaurants include,but are not limited to, cafes,coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant. drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food,beverages and sundries from a facility having less than 2500 square feet of gross floor area. 3 FREEWAY VISIBLE SIGNAGE Each developed commercial property within the Freeway Overlay Zone District and within 500 feet of Interstate 10 freeway may construct a freeway visible sign which complies with the following criteria: i) Maximum number of freeway visible signs shall be one per development. ii) Minimum area of commercial development to be entitled to a freeway visible sign shall be 5 acres. iii) The minimum distance between any two freeway visible signs shall be 750 feet. iv) The maximum height of any freeway visible sign shall not exceed 60 feet. Actual height to be determined by the Architectural Review Commission as part of the sign review process. Items to be considered in determining actual sign height shall be: a) any obstacles (such as buildings, trees,overpass structures)between the sign face and vehicles driving on the I-10 freeway; b) design and size of the sign base; c) proportionality, color, texture. v) Maximum sign face area permitted shall be based on the size of the commercial development it serves. Site from 5.0 acres to 9.99 acres = 100 square feet Site from 10.0 acres to 24.99 acres= 125 square feet Site of 25.0 acres or greater= 150 square feet Where a sign face includes city identification logo,that area shall not be included in the maximum sign face area. vi) Maximum number of businesses to be identified on any freeway visible sign face shall be six(6). The A.R.C.may reduce the maximum number of businesses to avoid clutter and/or lack of readability. vii) Illuminated signs shall comply with the provisions of Section 25.68.490. viii) In order to encourage recognition and legibility the maximum number of sign colors as prescribed in Section 25.68.480 shall not apply. ix) The minimum size of any logo or individual sign copy shall be 16 inches. Signs or logos less than 16 inches may be approved by the A.R.C. if it is determined to be legible from vehicles traveling on the I-10 freeway. glkcr AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, DECEMBER 4, 1996 AT 3:00 P.M. COMMUNITY SERVICES CONFERENCE ROOM I) Review of site plan for food park at Cook Street and Gerald Ford to determine appropriate landscape requirement II) Review of revised draft ordinance- Freeway Commercial Overly Zone District III), Review of existing parking ordinance A P Q Li Z0196 MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE Present: Frank Goodman, Jim Foxx, Jim Ferguson, Frank Urrutia, Tim Bartlett Also Present: Ron Gregory, Katrina Heinrich, Marvin Roos, Steve Smith,Phil Drell Steve Smith reminded the committee they had reviewed a draft Freeway Overlay ordinance on November 6, 1996. Part of the discussion at that time concerned the amount of landscaping which should be required for these uses. Ron Gregory was present to discuss the landscaping issue. He felt that whatever percentage was decided the city should require that it be split to a certain minimum percentage which would be applied to parkway landscaping and a certain minimum interior percentage. Katrina Heinrich advised that her`food park' would be 7-1/2 acres and include up to six restaurant outlets. Some of the restaurants could be general sit-down restaurants. The goal is to have a large enough site to put the restaurants in a park-like setting. The committee discussed the advisability of having all the uses fit into a master landscape concept or whether they should be handled individually. If the park area is to be in the middle of the parking area then the driveway will need to be designed to slow traffic. Some members felt that the FCOZ ordinance should prescribe a general expectation and impose standards to meet the expectation. The committee than revisited some of the ordinance provisions which have been discussed previously (i.e. number of parking spaces at service stations with service bays). Frank Goodman advised that the Chevron station on Washington Street had two service bays and 19 on-site parking spaces,which in his opinion was not enough. The committee also discussed how to determine needed parking for a restaurant with an indoor playland. It was generally agreed that one-fourth of the normal requirement should be applied to playland areas. Katrina Hienrich indicated that she had agreed with her developer that she would provide one acre free of charge for the park. She indicated she would also set aside land for a common employee parking lot. Mr. Smith indicated that overall we may need extra parking to accommodate employees because there is no bus service and no nearby residential areas. MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 The committee decided that before it could prescribe a minimum landscape requirement it would need to see plans showing various levels of landscape treatment. Mr. Bartlett offered to send Mr. Roos building plans of various fast food restaurants which could be placed on the site plan. The meeting adjourned at 3:25 p.m. The next meeting is scheduled for Wednesday, December 4th at 3:00 p.m. Z41L,4 STEVE SMITH PLANNING MANAGER SS/db 2 i z DRAFT FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT 25. .010 Purpose. The purpose of the Freeway Commercial Overlay Zone (FCOZ) is to provide optional standards and incentives for the development of a variety of commercial uses. Whenever the FCOZ has been added to a base zone, the owner/applicant may choose whether to use the optional FCOZ standards or the standards of the base zone. In order to obtain approval of uses only permitted in the FCOZ the project must utilize FCOZ standards. 25. .020 Conditional Uses. Uses permitted by approved Conditional Use Permit shall be as follows: I) restaurants general including drive-thru restaurants ii) automobile service stations without regard to the required separation distance provisions per M.C. Section 25.56.330 iii) convenience stores iv) car wash v) combinations of two or more of the above uses vi) hotels vii) commercial recreation and amusement establishments 25._.303 Development Standards. Projects proposed under this chapter shall be master planned and the master plan shall be approved by the planning commission prior to any construction activity. Development of individual projects within the approved master plan shall be processed through the precise plan process. Property to be master planned shall be at least five(5) acres in size and shall have frontage on a designated arterial street. Drive-up lanes and window facilities shall be designed so as to not be visible from an arterial street. Development standards shall generally be flexible to insure efficient site planning and to foster the creation of attractive developments. FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT Automobile service stations shall comply with the requirements of M.C. Section 25.56.340 thru 25.56.410 in addition to the following: a) Required On-Site Parking Cart omobile Service Station (no service bays) 5 spaces omobile Service Station (with service bays) 4 spacesibay venience Store 1 space per 250 sq. ft. of GFA/Min. 10 spaces Wash 16 spaces aurant, general See M.C. Section 25.58.310 taurant, drive through See Restaurant, general plus at least 7 spaces in drive- through lane el See M.C. Section 25.58.310 required number of parking spaces for a combined development shall be cumulative all proposed uses. Planning Commission may reduce the required parking where it is clearly demonstrated that atf[ g will occur(i.e. a restaurant which serves a hotel or with a showing of good cause lanning commission may increase the number of parking spaces required , b) Setbacks Setbacks shall be as prescribed in the base zone and/or Automobile Service.Stations pursuant to M.C. Section 25.56.350 et al. c) Landscaping All master planned projects approved through the FCOZ process shall provide a minimum of at least thirty percent ) landscaped open space, of which at least half of the common usable public space which can include picnic area, a dog park, a kids land, as well as landscaped setback areas. o a' / Cl s� r cl� ''2"? �7 2 FREEWAY COMMERCIAL OVERLAY ZONE DISTRICT DEFINITIONS Restaurant, General. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates, utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of consumption of food in the restaurant. OR Restaurant means any use providing for the preparation,retail sale, and consumption on site of food and beverages. Restaurants include,but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive-through stores,bars, cocktail lounges, and places of businesses with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The tern restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant. drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Car Wash. Any building or land or portions thereof used for the business of washing, waxing or cleaning of automobiles or similar light vehicles Convenience Store. A place of business for the sale of food, beverages and sundries from a facility having less than 2500 square feet of gross floor area. 3 I MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 Present: Frank Goodman, Jim Foxx, Jim Ferguson, Frank Urrutia, Tim Bartlett Also Present: Ron Gregory,Katrina Heinrich, Marvin Roos, Steve Smith, Phil Drell Steve Smith reminded the committee they had reviewed a draft Freeway Overlay ordinance on November 6, 1996. Part of the discussion at that time concerned the amount of landscaping which should be required for these uses. Ron Gregory was present to discuss the landscaping issue. He felt that whatever percentage was decided the city should require that it be split to a certain minimum percentage which would be applied to parkway landscaping and a certain minimum interior percentage. Katrina Heinrich advised that her `food park' would be 7-1/2 acres and include up to six restaurant outlets. Some of the restaurants could be general sit-down restaurants. The goal is to have a large enough site to put the restaurants in a park-like setting. The committee discussed the advisability of having all the uses fit into a master landscape concept or whether they should be handled individually. If the park area is to be in the middle of the parking area then the driveway will need to be designed to slow traffic. Some members felt that the FCOZ ordinance should prescribe a general expectation and impose standards to meet the expectation. The committee than revisited some of the ordinance provisions which have been discussed previously(i.e. number of parking spaces at service stations with service bays). Frank Goodman advised that the Chevron station on Washington Street had two service bays and 19 on-site parking spaces, which in his opinion was not enough. The committee also discussed how to determine needed parking for a restaurant with an indoor playland. It was generally agreed that one-fourth of the normal requirement should be applied to playland areas. Katrina Hienrich indicated that she had agreed with her developer that she would provide one acre free of charge for the park. She indicated she would also set aside land for a common employee parking lot. Mr. Smith indicated that overall we may need extra parking to accommodate employees because there is no bus service and no nearby residential areas. MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 20, 1996 The committee decided that before it could prescribe a minimum landscape requirement it would need to see plans showing various levels of landscape treatment. Mr. Bartlett offered to send Mr. Roos building plans of various fast food restaurants which could be placed on the site plan. The meeting adjourned at 3:25 p.m. The next meeting is scheduled for Wednesday, December 4th at 3:00 p.m. STEVE SMITH PLANNING MANAGER SS/db 2 s f • � AGENDA ZONING ORDINANCE REVIEW COMMITTEE 2:00 P.M. -WEDNESDAY,NOVEMBER 20, 1996 73-510 FRED WARING DRIVE COMMUNITY SERVICES CONFERENCE ROOM I. CONTINUATION OF DISCUSSION OF HIGHWAY COMMERCIAL OVERLAY ZONE I) Presentation by Ronald Gregory of information relative to the minimum required landscaping around drive-thru restaurants ii) Continuation of discussion of development standards within the F.C.O.Z. Note: Meeting will adjourn by 3:30 p.m. J •R MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE NOVEMBER 6, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Jim Ferguson, Frank Goodman The committee discussed at length the draft Freeway Commercial Overlay Zone District text as circulated by staff. The committee decided that interior street width within a"food park" should be a minimum 28 feet. Committee discussed whether they should be a building coverage limit and decided it was not needed. Mr. Leo suggested that the committee/staff visit Bums Bros. Truck Stop on I-10 to review the parking and overall layout. Committee reviewed suggested parking and decided: Auto Service Station -- No Service Bays -- 5 Spaces Auto Service Station -- With Service Bays -- 4 Spaces/Bays Convenience Store 1 Space/250 sq. ft. GFA/Minimum 10 Spaces Full Serve Car Wash -- 16 Spaces The committee determined that the planning commission should be able to increase or decrease required parking where circumstances warrant. Stacking at drive-thru restaurants needs to be reviewed with actual operations. Considering the location (i.e. no bus service and no residences within walking distances). Restaurants in the a FCOZ need extra on-site parking for employees. Committee discussed how common areas at the"food park"would be maintained and how the city could assure long term maintenance. The committee discussed at length the issue of how much landscape area would be necessary to provide a desirable and pleasing"food park" environment. Committee decided to invite a landscape professional to provide input at the next meeting. — 7&�_ ST SMITH PLANNING MANAGER SS/db l AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY,NOVEMBER 6, 1996 3:00 P.M. - COMMUNITY SERVICES CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CONTINUATION OF DISCUSSION ON WHETHER THE CITY SHOULD CREATE A HIGHWAY COMMERCIAL ZONE DISTRICT Review of draft Freeway Commercial Overlay Zone Text (to be circulated when available) II. OTHER ISSUES: i) Permit offsite signs? If so,how high and how large? Current code prohibits offsite signs. ii) Permit larger and/or taller onsite freestanding signs that could be visible from the freeway? Current code limits height to maximum of 12 feet. iii) Review of other agency regulations of freeway visible signage. MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 16, 1996 Present: Bob Leo, Tim Bartlett, Jean Benson, Steve Smith, Phil Drell, Jim Ferguson, Jim Foxx Also Present: Marvin Roos, Katrina Heinrich The committee continued the discussion concerning the freeway commercial overlay district. Specifically, the committee discussed extending the district to include the Lucky center on Washington Street at Hovley Lane East. This center is very isolated from the rest of the city and is at a competitive disadvantage to uses across Washington Street in the county. Some members of the committee felt that this center did need special consideration but that the (FCOZ) was not appropriate due to the distance from the freeway. The committee took a vote on this matter and dead-locked 2-2 (Member Benson not present at this time), Ferguson and Leo voting No with Foxx and Bartlett voting Yes. The committee discussed freestanding offsite signs that would be visible from the freeway and identify major businesses located near the freeway. The committee decided that it needed to see these types of signs in other communities and report back to the committee in the future. STE E SMITH PLANNING MANAGER SS/db AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3 : 00 P.M. , WEDNESDAY, OCTOBER 16, 1996 COMMUNITY SERVICES CONFERENCE ROOM I. CONTINUATION OF DISCUSSION ON WHETHER THE CITY SHOULD CREATE A HIGHWAY COMMERCIAL ZONE DISTRICT. ISSUES: • Should we extend District to the commercial center at Washington and Hovley Lane East? • Permit offsite signs? If so, how high and how large? Current code prohibits offsite signs . • Permit larger and/or taller onsite freestanding signs that could be visible from the freeway? Current code limits height to maximum of 12 feet . • Review of other agency regulations of freeway visible signage. I � MEMORANDUM TO: Steve Smith FROM: Martin Alvarez DATE: October 11, 1996 SUBJECT: Freeway Signage Riverside County Freeway Sign Regulations: Within 600' of Freeway; • Max Height 45 Feet • Max 150 Sqft. Office of Outdoor Advertisement; (Billboards) • Must be within 1000 feet of Commercial Activity • Property must be zoned Commercial or Industrial • Not in Scenic Corridor • Max 1200 Sqft. (Billboard max 20 foot high) • Min. 500 foot spacing between billboards .SUMMARY OF ADVERTISING DISPLAY CONTROLS UNDER THE OUTDOOR ADVERTISING ACT.AMENDED 1SSS 1. DISPLAYS PARTIALLY EXCLUDED FROM THE PROVISIONS OF THE ACT The following advertising displays are generally excluded from the provisions of the law: I. Official notices issued by public bodies - 2. Legal notices 3. Official directional.warning"informational structures However.displays described in paragraph 3 above and placed along Interstate and primary highways must conform to standards that have been promulgated(See Title 4.Chapter 6.Subchapter 4.Directional and Other Official Signs and Notices). IL BASIC DIPI.AY CONTROLS The following controls are Imposed upon all advertising displays located within New of all public roads outside of n income brag co� plus advertising displays the copy of which is visible from the ma traveled way of all interstate and primary highways, highways within cities(Section 52711. 1. Permit Requirements For all advertising displays located outside of incorporated cities and all displays placed on or after November 6.1567.the copy of which is visible from all interstate and primary highways In cities. a permit must be obtained (Section 5350). unless such. display. a. Advertises the sale or lease of the property upon which it H located b. Names the owner or occupant or identifies the premises,or ds produced orsold upon the if the on c side of the highway and within000 feet of such activity oises the business conducted orservices rendered r 10 feet from the entrance ro such property1 a(Section�5272).the same 2. Licensing Requirements A person engagm in the business of outdoor advertising whenever he personally or through employees places advertising displays containing advertising which does not pertain exclwtvely to his own business, or changes the advertising message of such advertising displays(Section 5300).No person shall engage In the business of Outdoor advertising without first having paid the license fee 3. General Prohlbitions _The following dIaplaye are prohibited along such highways: a. If located within the right of way(Section 5403) b. If visible from any highway and simulates a traffic control device or If likelyto be mistaken or such device(Section 5403).or attempts to direct traffic(Yehlcle Code Section 21465) - c If located within a charnel where it might be swept under a highway structure(Section 5403) ,4 If not maintained in a safe condition(Section 5403) e. If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for awarning or danger signal(Section 5403) L Ifarrytiluminationthaeon lsofsuch brilliance or SO positioned as tobind ordazzlethevlslonof tmvelemonadJacent highways (Section 5403) p, If located within certain described areas outside of business districts near intersections or obstructing the view Ofapp roach ng vehicles as described in Section 5404 h. If not complying with the wind pressure resistance test of Section 5401 L if It contains copy that 1s obscene.Indecent or immoral.etc.in violation of Section 5402 J. If such highwayisalsolAa full freeway(as defined in Section 52121 and(to is landscaped(as defined in Section 5216).the folloB b additional controls apply:No advertising displays are permitted If the advertising display Is designed to be viewed Primarily persons traveling on such landscaped section of a freeway(Section 5440).except that signs are permitted W. (1) Advertise the sale or lease of the property (2) Designate the name of the owner or occupant of the premises (3) Advertise goods manufactured or produced or services rendered on the property B. Removal: Any advertising display in violation of any of the foregoing requirements should be removed immediately purrs ant to the freeway III. CONTROLS APPLICABLE TO DISPLAYS j HAVING COPY VISIBLE FROM FEDERAL INTERSTATE AND PRIMARY HIGHWAYS t �_.. All of the boast display controls.-described in li No new displays of the following type arc permitted if visible from any such highway: 1. If they display flashing, intermittent, or moving light or lights(Section 5403) 2. If they am placed upon trees, rocks, or other natural features(Section 5403) Outside of"business areas" only the placing of new displays of the following types am ,emitted: - 1. Directional or other official signs or notice& (such as natural wonders, scenic and historical attractions) which comply with regulations promulgated by the director (Section 5405). Also, see Title 4, Chapter 6, Subchapter 4, Directional and Other Official Sign and Notices. 2. Displays advertising the sale or lease of the property upon which they we located (Section 5405). For such signs placed within"protected bonus areas" see Title 4,Chapter 6,Subchmpter 2,Section 2303,Clams 2-On-Premise Signs. 3. Displays advertising the business conducted or services rendered or the goods produced or sold upon the premises (Section 5405). For regulations restricting such displays within "protected bonus areas" see Title 4, Chapter 6, Subchapter 2, Section 2303, Class 2 and Class 3-Signs Within 12 Miles of Advertised Activities. 4. Official displays giving information in the specific interest of the traveling public placed In accordance with regulations promulgated by the director (Section S405). Also, see Title 4, Chapter 6, Subchmpter 2, Section 2303, Class 4-Signs in the Specific interest of the Traveling Public, and Subchapter 4. Within "business areas", only new displays conforming to the following standards may be placed: ("Business area" is the area where a commercial or business activity is being conducted, plus an area within 1000 feet measured in each direction from the nearest edge of a commercial or industrial building or activity, so long as the property upon which the display is placed is zoned primarily for industrial or commercial activities or is not zoned at all (Sections 5223 and 5205). "Commercial or industrial activity" does not include the outdoor advertising business or the business of wayside fresh produce vending.) 1. Size Such displays are limited to a maximum of 1200 square feet3n area; maximum height of 25 feet and maximum length of 60 feet; two advertising displays not exceeding 350 square feet each may be erected in a single facing. All such advertising displays lawfully in existence on August 1, 1967, which exceed 1200 feet may be maintained in existence(Section 5408). 2. Lighting Such displays shall not be placed with illumination that interfereswith official traffic signs, devices, or signals; shall not include flashing, intermittent, or moving lights (except such that give public service information such as time, date, temperature, weather, etc.); shall not cause beams or rays of light of such intensity as to cause glare or impair the vision of any driver or interfere with any driver's operation of a motor vehicle (Section 5408). 3. Displays shall not be placed to obstruct or interfere with official traffic control devices or interfere with the vision of drivers in approaching, merging. or intersecting traffic (Section 5404 4. Spacing a. General spacing provisions: (1) On all interstate highways and primary freeways: Them must be at least SOO feet between displays on the same side of the highway. (2) On interstate highways and primary freeways located outside of cities: No display is permitted within S00 feet of an interchange or intersection at grade or safety roadside rest area. (3) On nonfreeway primary highways outside of cities: At least 300 feet between displays on the same side of such highway. (4) Nonfreeway primary highways located in cities: At least 100 feet between displays on the same side of such highway. b. These spacing provisions do not apply to displays separated by buildings or other obstructions so that only one display located within the above spacing distances is visible from the highway at any one time. C. This section does not prevent placing of double-faced, back-to-back, or V-type advertising displays with a maximum of two signs per each facing. d. These spacing requirements do not apply to the advertising displays described in paragraph C. e. Displays lawfully in existence on August 1, 1967, which do not conform to these spacing provisions, may be maintained in existence (Section 5408). - 2 _ 10/10:96 09100 $ 1 619 323 4369 WEST WORLD PROP. 01 � T{ West World AG, NL uI iI IINr,I PROPERTIES, INC, I REAL ESTATE October 9, 1996 Mr. Ray Diaz, CITY MANAGER Mr. Carlos Ortega, Dir. Econ. Development/Redevelopment Ms. .lean Ranson, City Cminrilwoman City of Palm Desert via FAX 340-0574 Re: "Freeway Commercial District" Cook StreetJlaterstate 10 Gentlemen; 1 was fortunate enough to be invited to the meeting of the ZONING ORDINANCE REVIEW COMMITTEE, held last Wednesday, October 2, 1996, at your city hall, presided over by Steve Smith. During the discussion it became apparent that the three Interstate overpass locations might be best served by the creation of a"Freeway Commercial District"designation,providing the creation of zoning which would differ from the "normal' highway zoning which dictates such matters for Ilighways I II and Iiighwny 74. Furthermore,we had a rather loose"brainstorming"regarding the potential requests for such - hitherto not allow!-Al - nset., gnrh aS "drive-tip", "drive-id' and "drive-lhru" restaurants, possibly in the formation of a tightly restricted "Food Court" setting of at least .5 acre per user, plus It C0111IIIU11 parking area, and also provide adjacent a "dog park", and ,t small but attractive picnic area for the weary freeway traveler. Everyone present had good ideas but as no one had actually had experience in detailing the sticwss of such developments, nor could anyone point to an attractive freeway commercial area - and the enhanced freeway signage which such development necessitates - I suggested to bring to the city staff an employee of the TRAMMELL CROW Company out of LA,who brought on board the user for the MOBIL site to he located at the NE Mrnrr of Conk Street and Gerald Ford. I have requested that he come prepared to answer questions as to space allocations which have worked elsewhere in similar settings, to advise on how to view this particular site with thee specific growth pattern of Palm Desert in mind and the specific and unique phase in which the city finds itself at this time, especially in light of this tremendous opening through the Cook Street overpass. It is my belief that Mr. Rick 'I'Tice will be able to shed additional light on other questions that some of your staff members might wish to present to him. I have an appointment this 1345 NORTH PALM CANYON DRIVE I PALM SPRINGS. CAUFORNIA 92262 TELEPHONE: (619) 778,8811 (800) 350.5619 TELECOPIER: (619) 323-4369 10/10/96 09101 2 1 619 323 4369 OEST WORLD PROP. 02 Page Two Messrs. Ray Diaz anti Carlos Ortega October 9, IN6 Ms, lean Benson Hriday, October 11, 1996, at 1 PM, with Rick ,rrice at Palm Desert City Hall. Perhaps it is possible with your permission to meet in the conference ronm of the Planning Department. 1 am bringing along our planner, Marvin Ruts of the firm Mainiero &Smith, who is in the process of designing the 70,000 sti t, station site, based on the site plan of MOBIL, and who is designing in rough stages the above potential uses providing of course, that we are successful in our endeavours to get all of the zoning requests granted. On'-,can always hnpel In any case, 1 thought it might he appropriate, to discuss in an informal fashion the above possibilities as well as the layout of such a commercial development, You can see the initial site design of apprnximately 16 acres, of which the initial development would encompass approximatcly 8.5 acres. The enclosed map will show you the parcels in question (parcel #1 is the MOBIL site). I would very much appreciate your presence at this very informal meeting (1 will bring the cookies and the ice tea),and havc invitW also Steve Smith in the :absence of Phil Drell,Dick Folkers and Joe Gauguch from Public Works. Rest regards,,.) Katrina B. Heinrich KBH/sh cc: Richard Folkers, Director Public Works Joe Gauguch, Public Works Steve Smith, Planning & Zoning Lionel Steinberg L�� ,.r'w.5N01WiPAIM(AN)a..:Nnluvi !lv.Lf41;r1R ( ). A110P,`la. ,1; 11 (!:7NF: (61'J;., "i;l ;W 11 1111( t "" toN ;;V?8 A:4,,N 10/10/96 09:62 S 1 619`323 4369 WEST WORLD PROP. 03 i"- :`'•^\erg`\ \ \'\ ^y � �•.,.,,\ ♦'\ ' � \\ 1 \ n O \ ` R \` ICog \ \\ 1\a\ \ 'ej �. �1? PARCEL 5 \� CU 4 . 77 AC. PARCEL 6 sueI 6. \ a \' a PARCEL 7 3. 19 AC. r v PARCEL 4 \ 2.91 AC. � 36 j � PA L 3 m � d 2.d6 AC. ss 294' 40' 254 90' 1 o 3 • 33j. S 3 PARCEL 1 1 5' 67' 1 .62 AC. IVPARCEL 2 1 2.09 AC. . 55 5' .c7 567 --- --- — I QR - .._ _...._ _fit. —.. ._ .._.. —!9. Extended Page _.ltfu_uu4 ti, r� 1�p rVACANT PAR 5 390-007 PAR. ANT P!!RA ........ Ak.3 BW rTT PAR. s `qj ',`\ PAR.2 P 4 tip 4�10�\o 0 9 % Ln In ,.V%ACAN- ,%, REMAINDE) C, jkQN RSFIt4 7 AA A 653-400-024 653-420-009 VACANT- VACANT AGRICULTURE PARCEL 3 FUTURE L . STATE UNIVERSITY SITE 6. `in— —OTM �/ ��i q... �}1E.tended Page 653 - 400 - 026 653 - 420 - t II NOT A VACANT VACANT ART FUTURE STATE UNIVERSITY c . PRCPCBm F CCFB (TTP.) I TYPICAL sECrION "A GERAI.D FORA ORIY NOT TO SCALE R/M eel C =Lwimw PROPOW Z\ \ \ \ BT 6TTP.1 M CPCBEC \ N B Cl ' ANC GUTTO p \ \ 653-280-019 %\ \ \ VACANT INTER TV. 653-280-004 \ \ 2 o 27 NOT TO SCALF VACANT \ \ • �r 653-410-008 VACANT r' r i MINUTES COMPREHENSIVE ZONING ORDINANCE REVIEW COMMITTEE OCTOBER 2, 1996 Present: Jim Foxx, Bob Leo, Tim Bartlett, Jean Benson,Katrina Heinrich, Steve Smith The committee discussed the pros and cons of establishing a freeway commercial overlay district. The committee concluded that the city should create an overlay district where drive thru/drive up restaurants, and service stations would be permitted. Failure of the city to permit these uses would result in these uses going across the street in other jurisdictions. The committee discussed how large these overlay areas should be and discussed each of the off ramps from I-10 separately and decided on the amount of area to be designated. The committee decided that the district should be called "Freeway Commercial Overlay District". Regarding drive-thru restaurants,the committee felt they should be within a"Food Park"which would be 5 - 10 acre areas which would be master planned for several fast food(drive-thru) restaurants. Master planned area could include dog park,kids land, community picnic area, and could be combined with convenience store and fuel station. These master plan areas would need to be reviewed and approved prior to first restaurant proceeding. The committee discussed the necessity of having freeway visible signage to identify these freeway commercial uses. Height would need to be based on the topography and the location. The city would need to determine what uses could expect to have spaces on these signs. The committee concluded by requesting staff to check into regulation in place in other cities and counties. The idea was that we should look at off site signage for several users and that this signage would be master planned at each off ramp. SS/db w AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3 : 00 P.M. , WEDNESDAY, OCTOBER 2, 1996 COMMUNITY SERVICES CONFERENCE ROOM I. DISCUSSION OF WHETHER THE CITY SHOULD CREATE A HIGHWAY COMMERCIAL ZONE DISTRICT. ISSUES: * How large would the district be? * Allow drive-up restaurants? Current code prohibits drive-up restaurants . * Permit more then one fueling station within 500 feet of another? Current code requires at least 500 feet between fueling stations . * Permit offsite signs? If so how high and how large? Current code prohibits offsite signs . * Permit larger and/or taller onsite freestanding signs that could be visible from the freeway? Current code limits height to maximum of 12 feet . II. DISCUSSION OF CITY ATTORNEY LETTER OF SEPTEMBER 12, 1996 REGARDING REVOCATION OF CONDITIONAL USE PERMITS . LAW OFFICES OF BEST BEST S KRIEGE. LP September 12, 1996 �.0 M 2 2J MEMORANDUM TO: Phil Drell, Director of Community Development City of Palm Desert FROM: Sandy A. Jacobson '�Ifb RE: Amendment to Zoning Ordinance - Revocation/Suspension of Conditional Use Permits We recently reviewed Section 25.72 . 130 of the City Code relating to the procedure for revoking conditional use permits. In doing so, we discovered that the Code allowed the City to automatically suspend a conditional use permit under certain specified circumstances. This provision raises a constitutional problem in that the holder of the CUP is being denied his property without due process of law. In other words, the holder of the CUP is being denied his property without being given notice or having the opportunity for a hearing. Dave Erwin requested that I amend the provision relating to CUP revocation, so that there will be no question about its constitutionality in the future. I am enclosing a copy of the amendment for your review. As you can see, the amended Section 25.72 . 130 allows the Planning Commission to revoke or suspend a permit only after a duly noticed public hearing. It also sets forth the precise notice that must be given to the violator in order to insure that it will constitute sufficient notice under the Constitution. If you find the amendment to be satisfactory, you can proceed to get the amendment formally adopted. Please contact me if you have any questions. SAJ88156 MINUTES ZONING ORDINANCE REVIEW COMMITTEE 3 : 00 P.M. , WEDNESDAY, SEPTEMBER 18, 1996 COMMUNITY SERVICES CONFERENCE ROOM PRESENT: Jean Benson Frank Goodman Phil Drell Jim Foxx George Fernandez Steve Smith Tim Bartlett Bob Leo Mr. Smith advised committee that the Commercial Communications Ordinance had been to Planning Commission September 17, 1996 and was recommended to City Council for approval . Planning Commission did request that noticing of CUPS for towers be expanded to include property owners within 500 feet of the tower proper. When a tower is on the perimeter of a site more people will be noticed. When a tower is on the interior of a large property, then the 300 foot radius for the perimeter of the site will still be in effect . The committee reviewed the definitions section of the ordinance and acted as follows : i) abut will also mean adjacent; ii) animal clinic be corrected to read "for treatment of out-patients for only a short time" - as well, last sentence change to boarding of animals relative to medical treatment only. If a clinic operator wants to operate a kennel or provide for vacation boarding of pets she/he should obtain a separate CUP; iii) animal domestic was discussed at length. Staff were directed to check with a vet and the city attorney. Look at possibly creating a separate exotic pet category requiring a CUP; iv) 25 . 04 . 090 automotive repair speciality shop should delete "speciality" and rewrite to permit all normal car repair; v) automotive service station - delete "and the fullfilling of motorist needs" ; vi) create a combined category of fueling station and convenience store; vii) relative to domestic animal the committee wants to limit total number of pets in certain categories - to be discussed more; h 1 MINUTES ZONING ORDINANCE REVIEW COMMITTEE SEPTEMBER 18, 1996 viii) relative to auto repair committee felt that we need to limit number of cars parked on site, get more on-site parking and screen them better. Need to condition them to dispoal of all toxic waste appropriately; ix) relative to fuel station and convenience store we need to better define supermarket, grocery store and convenience store . It was suggested as follows : Convenience Store 0+ to 5, 000 square feet Grocery Store 5, 001 to 20, 000 square feet Supermarket Greater than 20, 000 square feet x) committee felt that existing gas stations converting bays to convenience items should go through a CUP to determine adequacy of on-site parking; xi) regarding (x) above, notice should go to service station operators with their business license renewals; xii) committee discussed at length "building height" and how it should be determined. Committee felt that the city council policy of requiring home above 15 feet to go to ARC should be codified. Committee agreed height should be measured from 'existing or natural grade; xiii) committee agreed that in the definitions we should try to group similar areas i . e . "Area, net" and "Area, gross" . Committee moved to discuss R-1 standards . Relative to coverage committee discussed deleting it and the philosophy and history of having a coverage limit . Also discussed problems with building on cul-de-sac lots - Phil D. suggested that in future Planning Commission will look more closely at irregularly shaped lots and prescribe specific requirements for building on these lots . Committee agreed to meet next on October 2 , 1996 at 3 : 00 p.m. Topics at that time to include: Should city have a Highway Commercial Zone category that would permit i) drive-up restaurants, ii) more than one fueling station within 500 feet of each other, and iii) off site signs and increased height of same . 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Manager, Honorable Mayor and City Council Members . FROM: Philip Drell, Director of Community Development DATE September 26, 1996 SUBJECT: Permitted and Conditional Uses in the Office Professional Zone The clear direction from the City Council to the staff and the Planning Commission in its denial of the Rick Muro Athletic Club application was that listed permitted or conditional uses within the office professional zone shall be narrowly and strictly construed. Staff will discourage any applications which are not consistent with the low intensity objectives of the ordinance. The Zoning Ordinance Review Committee concurs with this direction and will be addressing the specific issues raised by the Muro case when they discuss the Office Professional zone . RECEIVED AN" ` F!!EC 9Y CITY COUNCIL r PHILIP DRELL C f'!oii":di ;l `rii>: °:vi 3t ."itv Clerk's Office DIRECTOR OF COMMUNITY DEVELOPMENT /tm AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3 : 00 P.M. , WEDNESDAY, SEPTEMBER 18, 1996 COMMUNITY SERVICES CONFERENCE ROOM I. REVIEW OF REVISED DRAFT TELECOMMUNICATION ORDINANCE (Comments, if any, need to be in by Thursday, September 12 , 1996 to be included in Planning Commission report) II. REVIEW OF EXISTING ZONING ORDINANCE DEFINITIONS Maximum time 45 minutes III. REVIEW OF EXISTING ZONING ORDINANCE FOR R-1, R-2 AND R-3 Issues : Coverage Limit Development Standards Setbacks to Garages Chapter 25.04 25.04.215 Conditional use. 25.04220 Condominium DEFINITIONS 25.04.225 Convalescent home,nursing home, east home and home for the aged. sections: 25.04230 Conventional development 2&04A05 Generally. 25.04.235 Conotry club. 2SAU10 Abut 25.04.240 Day nursery. 2S.0UIS Access or aeees may. 2&04245 Density,gross. 25.04.020 Accessory building. 25.04.250 Density,net 25.04.025 Addition. 2&04.2iS Director. ! 25.04A30 Ab;contaminant 25.04260 Drheway. 2544.035 Alley. 2SA4263 Duple:. 25.04A40 Alteration. 25.04270 Dwelling group 25.04.041 Amusement arcade. 25.04275 Dweilin&guest 2S.04A4S Ambient noise level. 2&04280 Dwelling,multiple•family. 25.04A60 Amendment 25.042M Dwelling,single-family. 25.04A55 Animal tunic. 2&04290 Dwelling unit , 25.04A60 Animal,domestic. 2&04.295 Easement 25.04.0E+5 Animal hospital,livestock 2SM300 Educational institution. 25.04A70 Apartment 25.04305 Family. 1 2SA4A75 Apartment hotel. 25AQ10 Fence. 25.04.080 Apartment house. 2&04315 Floor area,gross. 25.04.085 Architectural projections. 25.04320 Floor,area ratio. , 25.04.090 Automotive repair specialty shops. 25.04 325 Frew". 2S.04.M Automotive service station. 2&04330 Garage,private. 25.04100 Antomotive,trailer,and mobile 25.04335 Garage,public. home sales lot 25.04340 General plan and the Palm Desert 25.OL105 Antomotive weeddng business. genes fin' 25.04.108 Bachelor or studio unit 25.04345 Grade,ground elevation. 25.04110 Balcony. 2SA43S0 Gering. -, M04.115 Basement 25.04355 Gross area. 25.04.120 Boaedingbouse or roominghouse. . 25.04360 Habitable room. 2&04125 Building. 2&04365 Hillside areas. 25.04.130 Building height 2&04370 Home occupation. 25.04MS Building Una 25.04375 Hospital. 25.04.140 Buildbn&main 25.04380 HoteL l 25.04.145 Building site. 25.04385 Improvements. 25.04.150 Building site coverage. 25.04390 Industry. 2SA4.15S Building site,through. 25.04395 Institution. 2&04160 Business. 25.04A00 Intensity. 25.04165 Carport 25.04A05 Junk. 25AL170 Certificate of occupancy 25A4AIo Junkand ship yard. 25.04175 Clinic,medical. 25.04.415 Kennel. i 25,04.190 Club. 2S.04A20 Kennel,commercial. 25.04195 Clmstes development 25.04A25 Kitchen 25A4190 Commercial. 2S.04A70 Landscaping. 25ACM Commercial recreation. 25.04A335 Lamderette. 25.04.200 Commission or planning 2S.04A40 Lnodry. commission. 25.04A43 Line of sight 25.04205 Community collector. 25.04.450 IAading space. 25.04210 Community facility. 25.04ASS Local street I 340 1 25.04.005 25A4A60 Lot 2SA4710 Sanitarium, health. 2SA4465 Lot.corner. 25A4715 Sankarimo,Mental. 2SA4,t70 Let depth, 2S.04.720 Scenic highway. 2SA4A75 Let eag. 25A4.77S Servkz 25.04480 Loy interior. 25JK730 Setback ares. 25ALUS Let,key. 25.04.735 Setback dblanee. 2SA"90 Lot line. 25AC740 Shopping center. 2544A95 Lat one, trout. ZS.K745 Sidewafik. 2SA4500 Lot Rise, laterior. 25A4750 Sign. 2SA4 S Lot line,tear. 2SAL755 Specific plan. 2S.04.510 Lot Rue, side. 2SA4760 Stable,private- 2SA45U Loy reverse corner. 25AL765 Stable,public. 25.04520 Loy through. 25.04770 Story. 2S.04S25 Lot width. 25A477S Street or highway. 25A4530 Marquee. 2S.04.7130 Street omterline. 25A4M5 Master plan of arterial highways. 2SA4.7&5 Street opening. 2SA4.S40 Master plan of drainage. 25.04.790 Structure. 2SA4S41 Mechanical or electronic gams 2SA4795 Stcaeteral alterations. 25.04S45 Mobile home. 25."797 Sopermarhet- 2S.04.550 Mobile home park. 2SA4.g00 Swimming POOL 25.04 5.55 Model home- 2SA4805 Townbome development 25JM-W Motel. 25A4.g10 Ultimate right-of-way. 2SA4S65 Motor vehicle- 2SA4AU Use. 2S.04570 Net arrL 2S.04820 Use,accessory. 2S.OL575 NonknmmerciaL 25.04MS Use,pdndpaL 25.04ZW Nonconforming structure 2SA4MO Use,temporary. 25A4-%S Nonconforming use. 25.04M2 Valet parking. it 25.04.M Of5cL 25.04MS Vehicular accessway. 25.04595 open space, developed. 25.04.940 Vehicle,commercial. 25.04600 Open space, natural- 2SA4MS Wholesale. 25.04.605 Parcel. 25.04 M Wing wall. t 25.04610 Parking area, private. 25.04MS Yard. 25.04615 Parking area,public. 25.DLM Zone- 25.04.620 Parking area, restricted. 25.04MS Zoning ordinance or this i 25.04.625 Parking stall. ordinance- 25.04630 Parkway. 25.04270 Zoning map. 25.04.635 Pathway. 2SA4.640 Pedestrianway. 25.04A05 Generally. 25.04.645 Planned development For the purposes of this title, certain words, Phrases. 25JK650 Planned street line- and tams used in this title shall have the meanings assigned 25.04.655 Pool. to them by this chapter.(Ord.93$ f(part), 1975:Exhibit 2S.04.660 Private. A 4 251) 25.04.665 Public safety area. 25.04.670 Public way. 25.04.010 Abut �. 25.04.675 Beal estate tract sales office. "Abut"means two adjoining parcels of property with 25.04.690 Recreational vehicle. a common property line,including two or more lots adjoin- 25.04.695 Restaurant, take-out ing only at a comer,except where such common property L 25.04.690 Retail. line is located in a public street right-cf-way. (Ord.93 § 25.04695 Riding and hiking trail 1 (put} 1975: Exhibit A ¢ 25.2-1 (part)) 25.04.700 Right-of--way. L 25.04705 Salvage. 25.04.015 Access or aceessway. "Access^ or"aaessway" means the place, means, or 341 (%W D� 8.91) l 25.04.015 { way by which pedestrians and vehicles shall have safe, 25.04.055 Animal d(taie. adequate, and usable ingress and egress to a property of "Animal cline mesas a place where animals n0 larger use as required by this title. (Ord. 93 § 1 (part), 1975: than the largest breed of dogs we given medical or surgical { Exhibit A § 75.2-1 (per)) treatment;a facility primarily for treatment of era-patients aid where only a short time,critical patients are kept longer 2SA4020 Aarusory building. than tweuty-four boats. Boarding of animals shall be "Aramory build'mean a subordinate bmldiog loot incidental to such clinic use. (Ord. 93 § 1 (part). 1976: 1 ad on a building site,the use of which is customarily related Exhibit A 1252,1 (pact)) to that of a main building or to the use of the land.(Ord. 93 § 1 (part). 1975: Exhibit A § 25.2-1 (Part)) 25.04.060 Animal, domestic "Domestic animal"means any domesticated animal or . 25.04.025 Addition, household pet commonly maintained in a dwelling unit "Addition"means an exteatian or increase in floor area with man, which is not normally sold for commercial , or height of a building or struame. (Ord. 93 § I (p� pax+• (Ord 93 11 (part), 1975: Exhibit A § 252-1 1975: Exhibit A § 252-1 (pact)) (per)) 25.04.030 Air contaminant. 25.04.069 Animal haepltal, livestock. i "Air aontammaat"means particulate matt",duly fumes, "Livestock animal hospital"means a place where live- gas,mist,smoke,vapor,or any combination thereof having stock (horses, cows, etc) and small animals are given or teadimg to have a deleterious effect on human beings, medial or surgical testinent.Boarding of animals shall I vegetation.aaimak or property.(Ord.93§1(put),1975: be iruadeatal to such hospital use.(Ord.93§ 1(part).1975: Exhibit A § 25.2I(Part)) Exhibit A § 252-1 (part)) z 2SA4.035 Alley. 25.04.070 ApiulineuL "Ailelr'mans an arras roadway or drive that provides "Apartment"means a habitable room or suite of two service access to the rear or sides of a parcel. (Ord. 93 or more habitable rooms with a single kitchen,in a multiple § 1 (party 1975: Exhibit A§ 252-1 (part)) dwelling,occupied or suitable for occupancy as a residence for one family and shall be considered a dwelling unit 25.04.040 Altoatlom. (Ord 93 § I (part). 1975: Exhibit A § 252-1 (part)) "Alteration"means any work an a structure that does ' not result in any addition io the structure. (Ord 93 § 1 25.04.073 Apartment hotel (part). 1975, Exhibit A § 25.2-1 (part)) "Apartment hotel" means a multiple-family dwelling with six or more gnat rooms which furnishes services for 2SA4.041 Amusement arcade. the use of its tenants which are ordinarily furnished by "Amusement arcade"means any business having five hotels.(Ord 93 § 1(part), 1975:Exhibit§252-1(pan)) or more mechanical or electronic games as defined in Sec- tion 25.04.541. (Ord 293, 1982) 25.04.080 Apartment house. "Apacmumt horse"means any building or portion thereof 25.04.045 Ambient noise level. which is designed, built, rented, let or hired out to be "Ambient noise level"means general noise level one oceupied,or which is occupied as the home or residence finds in a certain area at a given time.(Ord.93 11 (part), of three or more families living independently of each other 1975: Exhibit A § 252-1 (part)) and doing their cooking in the bufkiing.(Ord 93§ 1(part), 1975: Exhibit A § 252-1 (part)) 25.04.050 Amendment "Amendment"means a change in the wording,context, 25.04.085 Architectural projection& or substance of this title, or, an addition or deletion or a "Architernual projections" means projections from a change in the zone boundaries or clarifications upon the building which are necessary for the shading of a building zoning map,which imposes any regulation not theretofore or features such as sills, cornice and chim- imposed, or removes or modifies any such regulation theretofore imposed. (Ord 93 § I (part), 1975: Exhibit A § 25.2-1 (pent)) (r.i.Ds s-sq 342 25.04.085 neys Such projections may extend into required yards it is considered part of the room it serve.(Ord.93 11 only as allowed by the provisions of this title.(Ord 93 (part),1975:Exhibit A§251-2(part)) ;1(patt),1975:Exhibit A§25.2-1(part)) 25A4.11S Basement. 25.00.090 Automotive repair specialty abops. `Basement"means thatportionofbutldmgbetween `Automotive repair specialty ahope mum aretail floor and ceflmgwhichis partly orwhollytmderground and service place of business engaged primarily in light A basement shall be counted as a story for purposes of repair, and ask of goods and service for automotive height measurement where more than one-half of its vehicles including brake, Muffler, and tire Shops and height is above the average level of the adjoining their accessory uses. Heavier automotive repair, in- ground. (Ord. 93 11 (part), 1975: Exhibit A § 25.2-2 eluding but not limited to transmission and engine (part)) ` repair, is not included in this definition. (Ord.93 11 (part),1975:Exhibit A§252-1(part)) 25.04.120 Boardinghottae or roontinghonse. "Boardinghouse" o[ "roomrnghouse" means a 25.04.095 Automotive service station. dwellingunitwhere lodging is provided,with orwithout 'Automotive service station'means a retail place of meals, for compensation, for five or more persons. business engaged primarily in the sale of motor fuels (Ord 93§1(part),1975:Exhibit A§252-2(part)) and supplying only those incidental goods and services which are required in the day-today operation of au- 25.04.125 Building. tomotive vehicles and the fulfilling of motorist needs. Building" means a structure having a roof sup- ,. (Ord 93§1(part),1975:Exhibit A§25.2-1(part)) ported by columns or walls (Ord.93 § 1 (part), 1975: Exhibit A§251-2(part)) 25.04.100 Automotive,traller,and mobile home sales lot. 25.04.130 Buildhrg height 'Automotive,trailer, and mobile homes sales lot" Building height"means vertical distance from the means an open area used for the display,sales or rental average elevation of the finished grade to the highest of new or used automobiles or trailer coaches, but point on the structure directly above;provided,that a where no repair, repainting or remodeling is done. roof shall be measured to the highest point of the roof. (Ord.93§1(part),1975:Exhibit A§252-1 (part)) (Ord.93;1(pan),1975:Exhibit A§25.2-2(part)) i 25.04.105 Automotive wrecking business. 25.04.135 Building line. "Automotive.wreckingbusiness"means the disman- Building line"means a line in the interior of a lot ding or wrecking of used motor vehicles or trailers,or parallel to property line and located at a distance equal i the storage and sale of dismantled or damagedvehicles to setback distance. (Ord 93 § 1 (part), 1975:Exhibit or their parts,but not including the incidental storage A§252-2(part)) of damaged vehicle in connection with the operation of a repair garage.(Ord 93§1(part),1975:Exhibit A 25.04.140 Banding,main. §252-1(part)) "Main building" means a building or buildings within which is conducted the principal use permitted 25.04.108 Bachelor or studio unit on the lot,as provided by this title.(Ord 93§1 (part), A dwelling unit consisting of a combined room for 1975:Exhibit A§25-2 2(part)) living and sleeping and a separate room for cooking. (Ord 337(part),1983:Ord 297(part),1982) 25.04.145 Building site. "Building site" means a legally created parcel or 25.04110 Balcony. contiguous parcels of land in single ownership,which Balcony" means an unroofed or roofed platform provides the area andopen spaces required by this title, L enclosed by a railing or parapet projecting from the exclusive of all vehicular and pedestrian rights-of-way wall of a building for the private use of occupant or for and all other easements that prohibit the surface use of exterior arss to the above-grade living units when a the property by the owner thereof.(Ord 93§ 1 (part), 1. balcony is roofed and enclosedwith operatingwindows, 1975:Exhibit A§25.2-2(part)) 343 1. 25.04.150 _I 2S.04150 Building site arrerage. number of dwelling units sufficient to meet density "Building site coverage" means the percentage of requirements,constructed on smaller lots in return for the building site covered by structures, open or en- the restriction or dedication of the remaining acreage dosed, excluding courts, patios, terraces, swimming as permanent open space. (Ord. 93 § 1 (part), 1975: 93 l&and post-supported Exhibit o# ova (pa ((Ord. ambit A§25. .3(part)) ( 25.04.11" Commerdai. 25.04.155 Building site,through. "Commercial' meats operated or carried on pri- wn roughbwldmgsi emmeansabutldmgsitehavmg marily for financial gain. "Commercial complex" frontage on two parallel or approximately parallel means two or more businesses shown on a common streets. (Ord. 93 § 1 (part), 1975: Exhibit A § 251-2 development plan,plot plan,or precise plan of design (part)) functioning as a unit,with common off-street parking provided on the property as an integral part of the unit 25.04160 Business. (Ord.272(part),1981:Ord.93§1(part),1975:Exhibit "Business" means management, operation, sale, A§25.2,3(part)) purchase or other transaction involving the handling or disposition of commodities or services. (Ord 93 § 1 25.04.195 Commercial recMdon. (part,1975:Exhibit A§25.2-2(part)) "Commercial recreation"means any use of develop- ment either-public or private, providing amusement, t 25.04165 Carport pleasure, or sport, which is operated or carried on "Carport"means a roofed structum,or a portion of primarily for financial gain. (Ord.93 § 1 (part), 1975: a building,enclosed on two or more sides,primarily for Exhibit A§25.2.3(part)) the parking of automobiles belonging to the occupants ^• of the property.(Ord 93 § 1(part).1975:Exhibit A§ 25.04200 Commiulon or planning commission. k 25.2-3(part)) "Commission or planning commission" means the City planning Commission. (Ord 93 § 1 (part), 1975: 25.04170 Certpiote of occupancy. Exhibit A§25.2-3(part)) "Certificate of occupancy*means a required docu- ment issued by the building and safety division prior to 25.041W Community collector. the occupation or use of vacant land or prior to o=- pation or use of buildings erected or structurally al- "Community collector" means a medium-speed tered (Ord 93 11 (Part), 1975: Exhibit A § 25.2-3 highway abutting�l land uses.The primary func- (per)) tion is to collect and distribute trips within a hierarchy of roads and,secondarily,to carry short trips between 25.04175 Clinic,medial. adjacent neighborhoods A community collector has "Medial clinic"means an organization of doctors emergency parking only and has a significant amount providingphysical or mental health service and medical of parallel and perpendicular pedestrian traffic. (Ord or surgical care of the sick or injured buf does not 93§1(part),1975:Exhibit A 5 252-3(part)) include in-patient or overnight accommodations.(Ord. 93§ 1(part),1975:Exhibit A§25.2-3(part)) 25.04210 Community facility. "Community facility"means a noncommercial use 25.041g0 Club, established primarily for the benefit and service of the "Club" means an.association of persons for some population of the community in which it is located common purpose but not including groups organized (Ord.93§1(part),1975:Fxhebit A§252-3(part)) primarily to render a service which is customarily car- ried on as a business(Ord 93§1(part).1975:Exhibit 25.04215 Conditional use. A§251-3(part)) "Conditional use means a use which requires a special degree of control because of characteristics 25.04195 Clusterderelopment peculiar to it, or because of size, technological pro- "Chster development" means an arrangement of cesses of type of equipment, or because of the exact dwelling units,attached or detached which provides a location with reference to surroundings, streets and 3" �I 25.04215 existing improvements or demands upon public faali- 25.04.745 Density,goes. ties(Ord.93¢1(part),1975:Exhibit §251-3(part)) 'Gross density"means the total number of dwelling units permitted on an acre of land exclusive of all 2S.04.220 Condominium. existing public streets and right-of-way,but including "Condominium"means a state of realty consisting all streets or right-of-way to be developed(Ord.93§1 of separate interests in residential buildings together (part),1975:Fabibit A 125.24(part)) with undivided interests common in other portion of same property unit as a separate interest,and common 25.04MO Density,net area art entire condominium except runts granted; "Net density" means the same as density except thus,owners of condominiums are grantees of units. proposed streets and rights-of-way shall be excluded Each grantee owns separate interest in his unit and an (Ord.93§1(part),1975:Fxhrbit A§252-4(part)) interest as granted in common,in common area (Ord 93¢1(part),1975:Exhibit A§252-3(part)) 25.04255 Director. "Direct25.04225 Convalescent home,nursing home, means the director of the department of rest home and home for the aged. environmental services of the city.(Ord 93 § 1 (part), "Convalescent home," "nursing home," "rest 1975:Exhibit A¢252-4(part)) home"and"home for the aged" each mean a facility licensed by the state Department of Public Health,the 25.042M Driveway. state Department of Social Welfare, or the county, "Driveways means a vehicular passageway for the which provides bed and ambulatory care for patients exclusive use of the occupants of a property and their with postoperative convalescent,chronically till or di- guests.A driveway shall not be considered as a meet. etary problems,and persons tenable to care for them- (Ord 93§1 (part�1975:Exhibit A§252-4(part)) selves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflic- 25.04.W Duplex tions. (Ord 93 § 1 (party 1975: Exhibit A § 25.2-3 "Duplex' means an attached permanent building (per)) containing two dwellingunits.(Ord 93§1(part),1975: i Exhibit A§252-4(part)) 25.04.230 Conventional development. 'Conventional development" means a develop- 25 04270 Dwelling group. r meat,other than a condominium,apartment,or cluster development, with each dwelling unit situated on a "Dwelling t group"means one t, coon buildings,not residential lot of record and no lot containing more more than two stones n height, containing dwelling than one dwelling unit. (Ord 93 § 1 (part), 1975: Ex- units and nsan to around two or three sides of i wort habit A¢252-3(part)) which opens onto a meet,including single-family,du- plea,and multiple-family dwellings.(Ord 93§1(part), 1975:Exhibit A§252-4(part)) 25.04.235 Country club. "Country club" means a club organized and oper- 25 04275 Dwelling,guest. sled primarily for nodal and outdoor recreation pus- - "Guest dwelling" mesas living quarters within an •� poses, including incidental accessory uses and strut accessory budding which occupies not more than one- tures. (Ord 93 § 1 (part), 1975: Exhibit A § 252-3 tenth of the area of the lot on which it is situated,for (part)) use exclusively by temporary,nonpaying guests of the l resident family,such quarters having no Ititchen.(Ord 25.04240 Day nursery. 93§1(part),1975:Fxhubit A§252r4(part)) "Day nursery" (including preschool and nursery schools) means any group of buildings, building or (- portion thereof,used primarily for the daytime care of ss •A Dwelling,multiple-family. six or more children at any location other than their "Multiple-family dwelling" means a permanent normal place of residence. (Ord. 93 § 1 (part), 1975: building containing three ormore dwellingunits.(Ord. 1. Exhibit A§25.7A(part)) 93¢ 1(part),1975:Exhibit A§252-4(part)) 345 25.oa.2g5 2i041W Dwelling.single.himily, buildings located upon a lot or parcel of land by the "Smgle•family dwelling"mesas a permanent build- total area of such lot or parcel of land. (Ord. 93 § 1 ing containing one dwelling unit(Ord.93 § 1 (part), (part),1975:Exhibit A§25.2-6(part)) 1 1975:Exhibit A§252-4(part)) 25.04325 Freeway. 2S.04290 Dwelling uaIL "Freeway' means a high-speed divided arterial 'Dwellmg unit' means one or more rooms and a highway for through traffic with full control access and single kdchea, designed for occupancy by one family grade separanous a,major intersections.A freeway has for living and sleeping purposes (Ord 93 11 (part), emergencypariringonlyandnoparallelandperpendic- for living ing and s § ping (part)) ular pedestrian movements.(Ord 93§ 1 (part), 1975: t Exhibit A 1252,6(part)) 25.04.295 Easement 25.04330 Garage,private. 1 "Easement" means a recorded right or interest in the land of another,which entities the holder thereof "Private a closed"means a building,or a portion of a building, to some use,privilegeorbenefitoutoforoverthteland. ng,enclosed and used primarily for the parking (Ord 93§1(part),1975:Exhibit A§252-5(part)) er automobiles belonging 7 the habitoccu A 12ts of the prop- "t erty.(Ord.93§1(part),197s:Exhibit A§as.2-7(part)) 25.04300 EditcationalInatltution 25.04335 Garage,public. Educational iwtitutiaa' meansprivate or public k schools,colleges or universities qualified by the state "Public garage"means a building other than a pri- Board of Education to give general academic instruz- vate garage used for the maintenance or temporary tion.(Ord 93§1(part),1975:ExbrbitA§252-5(part)) storage of motor vehicles. (Ord 93 § 1 (part), 1975: z Exhibit A§252-7(part)) i 25.04305 Family. "Family'mesas one or more persons immediately 25.04340 General plan and the Palm Desert - reiatedbyblood,marriageoradoption,livinginasinglepLO housekeeping unit in a dwelling together with their "Genmean the endues" and lanOthe city. (Ord 93 § (parte Palm Desert general plan" domestic employees.A group of not more than four B P unrelated persons living together shall also be consid- 1975:Exhibit A§251-7(part)) ered a family. (Ord 93 § 1 (part). 1975:Exhibit A § 252-6(part)) 25.04345 Grade,ground elevation _ "Ground elevation grade"means the average eleva- 25.04310 Fenm tionof the finished ground surface surrounding abuild- 'Fence" means a freestanding structure of metal, ing.(Ord 93§1(part),1975:Exhibit A§252-7(part)) masonry, composition or wood or any combination thereof resting on or partially buried in the ground 25.04350 Grazin& level, and used for confinement, privacy, protection, "Grazing" means the act of pasturing livestock on screening or partition purposes. (Ord 93 § 1 (part), leg gores or other growing herbage, or on dead 1975:Exhibit A§252-6(part)) grass or other dead herbage existing in the place where grown,as the principal sustenance of the livestock so 25.04315 Floor area,gross. grazed (Ord 93 § 1 (part), 1975: Exhibit A § 252-7 "Gross floor area"means the total horizontal area, (part)) in square feet,including the exterior walls of all floors of a structure- (Ord.93 § 1 (part), 1975: Exhibit A§ 25.04335 Gross area. 25.Z ( art)) "Gross area"means the horizontal area within the lot litres of a lot or pastel of land before public streets, 25.04320 Floor,area ratio. easements or other areas to be dedicated or reserved "Floor area ratio" means the numerical value ob- for public use are deducted from such lot or parcel. rained by dividing the gross floor area of a building or (Ord 93 §1(part),1975:Exhibit A§25.2-7(part)) 346 25A43W 25.04360 Habitable room. 25.04395 Institution. `Habitable room"means any room for sleeping Or "Institution" meant a social, educational, govern- living purposes excluding such enclosed places as dos- mental,health,or religious organization.(Ord.93§ 1 eta,bath or toilet rooms,connecting corridors,mtfin- (part),1975:Exhibit A§251-9(part)) fished attia,foyers,storage apecea,Utility rooms,Spaces used exclusively for cooking or eating, and similar 25.04A00 Intensity. spaces (Ord 93 11 (party 1975: Fxbibit A 4 2524 "lntensity"means the magnitude of activity affect- (part)) ing the development of densities,traffic flow,commer- calistn,tourism and land use.(Ord.93 41(part),1975: 25.04365 HDWde areas. Exhibit A 4 25.2-9(part)) "Hillside areas"means those areas oflandwhich are so designated in Chapter 25M of this title.(Ord.93§ 2SO4A05 Junk. 1(part),1975:Exhibit A§251-8(part)) "Junk" means any worn out, castoff, or discarded article or materiaL(Ord.93§1(part),1975:Exhibit A 25.04370 Home occupation. §25.2,10(part)) "Home occupation" means an occupation con- 25 04A10 Junk and selvage lard 9311 pan),as an W5:Exhiry bit 1252,8 a dwellingprt)) it (Ord "Junk and salvage yard" means any property used 93§1(part),1475:Exhibit A 4 2S 2 g(Part)) for the breaking up,dismantling,sorting,storage,dis- 25.04375 Hospital. dis- tribution,or sale of any soap,waste material or junk. "Hospital" means a facility licensed by the star (Ord 93 41 (parc�1975:Exhibit A§25 210(part)) Department of Public Health providing clinical,tem- 25.04A15 Kenna. porary or emergency service of a medical,obstetrical "Kennel"means any lotwhere four or more dogs,or or surgical nature to human patients. (Ord. 93 § 1 cats, over the age of four months, are kept or main- (part),1975:Exhibit A 12524(part)) tained (Ord,93§ 1 (part), 1975:Exhibit A§25.2-11 I' 2544380 Hotel. (part)) "Hotel"means any building or portion thereof with 25.04A20 Ilmnel,commercial. access provided through a common entrance;lobby or "Commercial ketmel" means any kennel main- hallway to sit or more guestrooms, and which rooms tainedforthe purpose of boarding,breeding,mixingor ` are designed,intended to be used or are used,rented training dogs or eats for a fee or for sale.(Ord 93§ 1 or hired out as temporary or overnight aaommoda- (part),1975:Exhibit A§25.2-11(part)) tions for guests(Ord 9311(part),1975:Exhibit A§ 25.2-8(part)) 25.04" Kitchen. "Kitchen"means any room in a building or dwelling 25.04385 Improvements unit which is used for 000king and preparation of food "Improvements" means any man made actions (Ord 93§ 1 (part),1975:Exhibit A§25.2.11 (part)) which add to the value or enhance the value of land, e.g..aces utilities,buildings.(Ord.93§1(part),1975: 25.04.430 Landscaping. Exhibit A§25.2-9(part)) "Landscaping"means the planting of suitable plant materials or a combination of plant materials with 25.04390 Industry. minimum area of paving, gravel, or otherwise dust- "Iadustij"means the manufacture,fabrication pro- free materials including an adequate irrigation system cessing, reduction or destruction of any article, sub- (Ord 93§1 (part),1975:Exhibit A§25.2-12(part)) stance or commodity,or any other treatment thereof in such a manner as to change the form, character, or 25.04.435 Launderette. appearance thereof, and includes storage elevators, "Launderette"means a business premises equipped truck storage yards,warehouses,wholesale storage and with individual clothes washing and drying machines other similar types of enterprise. (Ord 93 § 1 (part), either coin-operated or attendant operated for the use 1975:Exhibit A§25.2-9(part)) of retail customers, exclusive of laundry facilities 347 25.04.435 W: provided as an accessory use in an apartment house or mean direction of the side lot lines.(Ord 93§1(part), E apartment hotel.(Ord.93§1(part),1975:F�ibit A§ 1975:Exhibit A§25.2-12(part)) 25.2.12(part)) 25.04.473 Lot,flay 1 25.00A40 Laundry. "Flag lot"means a lot so shaped and designed that -Laundry" means a building where clothing and the main building site area is set back from the street fabrics are washed, other than a launderette and is on which it fronts and includes an access strip not lest defined in this title as an industrial use. (Ord.93 11 than twenty feet in width at any point connecting the (part) 1975:Exhibit A§251-12(part)) main building site area to the frontage street(Ord 93 §I(part),1975:Exhibit A§25.2-12(part)) 2S.04A45 Line of sight 2so4Ago Lot,interior. "Line of sight'means a visual path emanating from "Interior lot" mesas a lot other than a comer or an average eye level adjudged to be five feet above the ground level. (Ord. 93 § 1 (part), 1975: Exhibit A § reverse corner lot.(Ord 93§1(part),1975:Exhibit A 251-12(part)) §25.2-12(part)) 25.04AS0 Loading space. 25.04A8S Lot,keY. i "Loading spar"means an off-street space or berth "Key lot"means the first lot to the rear of a reverse on the same lot with a main building,or contiguous to comer lot and not separated by an alley. (Ord 93 § 1 a group of buildings,for the temporary parl®$ of a (part),1975:Exhibit A§252-12(part)) group of commercial vehicles,while loading or unload- ing,and which has access from a stint,alley,or other 25.04.490 Lot llne. permanent meansof ingress or egress. (Ord. 93 11 „Lot line"means an line bounding a lot as defined (part),1975:Exhibit A§252-12(part)) in Section 25.04.460."Property line"means the same as "lot lime." (Ord 93 § 1 (part), 1975: Exhibit A § 25.04A55 Loral s4eet 25.2-12(part)) "Local street"me a low speed,low-volume high- way a way primarily for access to residential, business, and 25.04.495 Lot line,front other abutting property.A local street has parking and a significant amount of parallel and perpendicular rye- interior lot,the front lot line is the property ` destrian traffic(Ord 93 41(part), 1975:Exhibit A§ line abutting the street On a comer or reverse comer 25�12(part)) lot,the front lot line is the shorter property line abut- trig a street,except in those eases where the subdivision 25.04A60 Lat or parcel map specified another line as the front lot 7 "Lot"means anynumberedorletteredparcelshown line.On a through lot or a lot with three or more sides on a recorded tract map,a record of survey recorded abutting a street or a comer or reverse comer lot with pursuant to an approved division of land,or a parcel lot lines of equal length,the zoning administrator shall map. (Ord. 93 § 1 (part), 1975: Exhibit A § 252-12 determine which property line shall be the front lot line (per)) for the purposes of compliance with yard and setback provisions of this title.On a private stint or easement, i 25.04A65 Lot,corner, the front lot lime shall be designed as the edge of the "Corner lot"means a lot located at the intersection easement.(Ord.93§1(part),1975:Exhibit A§252-12 or interception of two or mom streets atan angle ofnot (part)) more than one hundred thirty-five degrees,which lot shall be considered a comer lot If greater than one 25.04-SM Lot line,interior. hundred thirty-five degrees,the lot shall be considered "Interior lot line" means a lot line not abutting a an exterior lot (Ord.93§ I (part),1975:Exhibit A§ street(Ord.93 11 (part), 1975:Exterior A§ 252-12 25.12(part)) (per)) 2s.o4A70 Lot depth. 25.04505 Lot line,rear. "Lot depth"meats the average horizontal distance "Rear lot line"means a lot line not abutting a street between the front and rear lot limes measured in the which is opposite and most distant from the front lot 348 25.04M lime, in the case of an irregularly shaped lot, a line depositing therein of any coin,check,slug,ball,or any within the lot,having a length of not less than ten feet. other article or device,or by paying therefor either in A lot which is bounded on all sides by streets may have advance of or after use,involving in its use either skill no rear lot limes(Ord.93§ 1(pan), 1975:Exhibit A§ or chance,including,but not limited to tape machine, 252.12(part)) cardmachmz pmballmachme,bowlmggamemachine, shuffle board machine, marble game machine, 25.04510 Lot line,side. horseracing machine,bowling game machine,baseball `Side lot lie"means any lot line not a front lot line game machine, football game machine, electronic or rear lot lime.(Ord.93§ 1 (party 1975:Exhibit A§ video game, or any other simile machine or device. 252-12(part)) (Ord.293,1982) 25.04515 Lot,rerun cornea 2&04-W Mobile home. "Reverse corner lot" means a corner lot, the side "Mobile home" means a structure designed and lime of which is substantially a continuation of the front equipped for hnmaa habitation, and for being drawn lot lines of the lot to its rear,whether across an alley or a motor vehicle,to be used with or without a foun- not. (Ord 93 § 1 (part), 1975: Exhibit A § 252-12 by �)) cation system. "Mobile home" does not include a re- creational vehicle, commercial coach or factory built 25.04520 1At, housing. (Ord.263 § 1,1981:Ord.93§ 1 (part),1975: -Through lot"means a lot having frontage on two ExbNt A§252,13(part)) dedicated parallel or appreoomately parallel streets. (Ord 93§ 1(part),1975:Exhibit A§252-12(part)) 25.04,6M0 Mobile home park. 25.04525 Lot width "Mobile home park"means any area or tract of land where one or more mobile home lots are sold, rented "Lot width"means the horizontal distance between or leased or held out for rent or lease to accommodate the side lot lines,measured at right angles to the lot mobile homes used for human habitation,and includes depth at a point midway between the front and tear lot mobile home accommodation structures the rental lines (Ord 93 § 1 (part), 1975: Exhibit A § 252-12 paid for any such mobile home is deemed to include (part)) rental for the lot it occupies(Ord.93§ 1(part),1975: 25.04530 Marquee. Exhibit A§252-13(part)) L "Marquee"means a roofed structure or awning or canopy attached to and supported by the building and 25.04555 Model home- extended over a building lime and into public property. "Model home" means a dwelling or residential (Ord 93§1 (part),1975:E31 it A§252-13(part)) building having all of the following characteristics: A. the dwelling is constructed upon a proposed lot 25.04535 Master plan of arterial highways. previously designated as a model home site in a subdi- Mf the ter n designating adopted and proposed of arterial highways"mcans the master vision for which there is an approved tentative map, plan and for which a final map has been recorded routes for all arterial highways within the city.(Ord 93 § 1 (part),1975:Exhibit A§252-13(part)) $ the dwelling intended to be temporarily been lized as as example of the dwellings which have been 25.04540 Master plan of drainage. built or which are proposed to be built in the same "Master plan of drainage" means an eagineering subdivision (Ord. 93 § 1 (part), 1975: Exl bit A § report outlining the drainage facilities needed for the (part)) " proper development of a specific increment of the city, and duly adopted by the city council.(Ord 93§1(pan), 25.04560 Motel. 1975:Exhibit A§25-213(part)) "Motel"shall be referred to in this title as hotel,inn, motor inn,or lodge and means a building or group of 25.04541 Mechanical or electronic game. buildings containing guestrooms or dwelling units de- "Mechanical or electronic game" means any ma- signed,intended,or used primarily for the accommo- IL chine, apparatus, contrivaaa, appliance, or device dation of transient automobile travelers;including but which may be operated or played upon the placing or not limited to buildings or building groups designated 349 i I 25.04560 as auto cabins,motor courts,or motor hotels.(Ord.93 services;adjustment andcollection services;direct mail §1(pan),1975:Exhibit A§25213(part)) advertising services; stenographic services and other duplicating and mailing services; new syndicate ser- 25OIS65 Motorvehtde. vices; business and management consulting services; "Motor vehicle"means a self-propelled device used detective and protective services;motion picture distri- or intended to be used for the transportation of freight bution and services;Physician services;dental services; or passengers upon a street or highway, excepting a legal services; engineering, architectural, and urban ,l device moved by human power or a device used exdu- pl2iminB services;and office activities only of business sivciyuponstationmyrarlsortraclo.(Ord.93§1(part), organvationsimolvedinmanufiu:uringwholesaleand 1975:Exhibit A§25.2-13(part)) retail trade,transportation, communication and utili- i ties,public and semi-public. (Ord 93§ 1 (part),1975: 25.04S M Net area. Exbibit A§25215(part)) "Net me meats the total horizontal area within 25.04595 Open space,developed � the property Imes of a lot or Parcel of land exclusive of all rights-of-way and aU easements that physically pro- -Developed open space" means open space sub- hibit the surface use of a portion of the property.(Ord stand l free of struciraes but possibly containing im- ments which are art of a development plan or ' 93§1(part),1975:Exhibit A§25214(part)) P P are appropriate for the residents of any residential 25.04375 NoneammercisL development. (Ord 93 § 1 (part), 1975: Exhibit A § "Noncommercial" means an enterprise or activity 25215(part)) which is not normally conducted for profit or gain- (Ord 93§1 (part),1975:Exhibit A§25.2-14(part)) 25.04.600 Open space,nataraL "Natural open space"means any parcel of land or 25.04390 Nonconforming strociom water which is essentially unimproved and devoted to "Nonconforming structure"means a lawfully estab- an open spy use.(Ord.93§1(part),1975:Exhibit A lisped building or structure that does not conform to §252-15(part)) the regulations of this title or is designed for a use that does not conform to the regulations of this title for the 25.04.605 Parcel. district in which it is located,either on December 11, "Parcel"is the same as"lot",as defined in Section 1975,or as the result of subsequent amendments to this 25.04.460•(Ord.93§1(part),1975:Exhibit A§25.2-16 title. (Ord. 93 § 1 (part), 1975: Exhibit A § 25.2-14 (Part)) (Part)) 25.04.610 ]Parking area,Private. 25.04585 Nonconforming use. "Private parking area"means an area,other than a "Nonconforming use" means the lawfully estab- sit, designed or used primarily for the parking of fished use of a building,structure,or land that does not private vehicles and not open to general public use. t conform to the use regulations of this title for the (Ord 93§1(part),1975:Exhibit A§25216(part)) district in which it is located, either on December 11, 1975,or as the result of subsequent amendments to this 25.O L615 Parking area,public. u title. (Ord 93 § 1 (part), 1975: Exhibit A § 252-14 "Public parking area"means an area,other than a (P�)) private parking area or street,used for the parking of vehicles and available for general public use,either free 25 04S90 Office. or for remuneration.(Ord 93§1(part),1975:Exhibit 1 The following types of uses are typical office tuna A§25216(part)) lions: Agricultural,business,and personal credit services 25.0,L620 Parkin[stem,restricted. 1 security and commodity broker; dealers, eschanges, "Restricted parking area" means an area used for and services employment services mSUI ,.�carriers, parking vehicles on a semipermanent basis and not agents, broken, and services real estate and related available to the general public for hourly or day-to-daY services holding and investment companies advertis- pa:idng (Ord 93§ 1 (part),1975:Exhibit A§25.2-16 ing services consumer and mercantile credit reporting (part)) I 350 25.04.625 25.04A25 Purling stall• 25.04.660 Private. "panting stall"means the apace within a budding or "Private" means belonging to,or restricted for the a private or public parking area,exclusive of driveways, use or enjoyment of Particular Persons (Ord. 93 § 1 ramps,columns,officeandworking areas,for the park- (part),1975:ExhtbitA125.2-16(part)) mg of one automobile, not lest than twenty feet in length and not less than nine feet in width.(Ord 93§ 25.04.665 public aafeq area. 1(part),1975:Exhibit A§252-16(part)) "Public safety area"means a strip of land adequate in width adjacent to and parallel with a street right.of- 25.04.130 Parkway, way. (Ord 93 11 (part), 1.975: Exhibit A § 25.2.16 "Parkway" mesas a relatively low speed arterial (part)) highway abutting and distributing trips to a variety of land tses. This facility primarily serves short range 25.04.670 Public way. trips.A parkway bas emergency parking only and will "Publieway"means anystreet,alley,pedesnianway, have considerable parallel and perpendicular pedes- pathway,channel,viaduct,subway,bridge,easement, trian movement.(Ord 93§1(part),1975:Exhibit A§ right-of-way or otherway in which the public has a right 25.7,16(part)) of use. (Ord.93 11 (part), 1975:Exhibit A§ 252-16 25.04" Pathway "Pathway" means an access way to accommodate 25.04.675 Real estate tract sales offim pedestrians,bicycles, and electric carts (Ord 93 11 "Real estate tract sales office"means a temporary (pan),1975:Exhibit A§252-16(part)) use of a budding for the sole purpose of selling tract residences within a particular subdivision or series of 25.04A40 Pedestrianway. subdivisions. (Ord. 93 § 1 (part), 1975. Exhibit A § 1. "Pedestrianway"means a right-of-way for pedestn- 252-18(part)) ans, free from vehicular traffic and including access ramps,stairs,and mechanical lifts and routes through 25.04.680 Recreational vehicle. buildingsL.. bdings which are available for public use.(Ord 93§ "Recreational vehicle" means a travel trailer, 1(part),1975:Exhibit A§252-16(part)) Pickup camper, or motorized home,with or without 25.04A45 Pianneddevelopm ent motive power,designed for human habitation for re- "Planned development" means a development of creational or emergency occupancy.(Ord 93 1 1(part), parcels of land as a coordinated project which has been 1475:Exhibit A§252-18(part)) developed according to an approved development ); plan.Adequate control of the development is provided 25.04•695 Restaurant,bout. in order to maintain sestheticvalues and to protect the "rake-out restaurant" means any commercial es- investment of developers as well as the community as tablishment serving food or drinks making Provisions ` a whole.Planned developments may be either residen- encouraging consumption of food or beverages at tial,commercial,or industrial in nature or a combina- home or on other premises which do not serve people lion of any two or more. (Ord 93 § 1 (Part), 1975: directly in automobiles..(Ord.93 § 1 (part), 1975:Ex- Exhibit A§25.2,16(part)) hibit A§25-718(part)) L 25.04ASO Planned stint line. 25.04.690 Retail. "Planned street line" means the planned right-of- " way for a major or secondary highway or traffic collet- "Acted means the selling to goods,wares or mer- `' for st met.Ayard abutting such a highway or street shall �n drop ubit A§25.2-18(pa met.(Ord 93§ be measured from this planned right-of-way line.(Ord 1 (part),1975:F_xhtbit A§252-18(part)) 93§ 1(part),1975:Exhibit A§252-16(part)) L 25.04.695 Riding and hiking troll. 25.04AS5 Pool. "Riding and hiking trail" means a trail or way de- "Pool"means any structure for swimming or bath- signed for and used by equestrians, pedestrians. and L ing,or wading or as a fish pond or similar use.(Ord 93 cyclists using nonmotorized bicycles. (Ord. 93 § 1 §1(part),1975:Exhibit A§252-16(part)) (part),1975:Exhibit A§252-18 (part)) L 351 ti 25.04.700 t_ 25.04.700 Right-of-wq. meat of retall and service commercial activities on one -Right-of-way"means an art*or strip ofland,either lot of land sharing common parking facilities and serv- public or private,on which a right of passage has been ing a wide spectrum of community shopping needs. recorded(Ord.93§1(part),1975:Exhibit A§252-18 (Ord.93§1(part�1975:Exhibit A§252-19(part)) (per)) 25.04.745 Sidewalk. 25AC705 Salvage. "SidewaW mum that portion of a throughfare, 'Salvage"means any article or material which is to other than a roadway, set apart by curbs, barriers, be or intended to be reclaimed or saved from destruc- markings,or other delineations for pedestrian travel. tion. (Ord. 93 § 1 (party 1975: E h it A § 252-19 See also "pedestrianway" as defined in Section (part)) 25.04.635.(Ord.93§1(part),1975:EahibitA§252-19 (lam)) , 25.04.710 Sanitarimu,bealth. "Health sanitarium"means an institution where pa- 25.0,050 Signa tients,other than mental or drug addict patients, are "Sign"means any device used for visual oommuni- , housed and where medical or post surgical treatment cations or attraction. including any identification an- is provided. (Ord 93 § 1 (party 1975: Exhibit A § nouncement, declaration, demonstration, display, 252-19(part)) ullustradon, insignia or symbol used to advertise or promote the interest of any person; together with all ' 25.04.715 Sanitari®,mentaL parts,materials,htime and background "Mental sanitarium" means an institution for the "Sign"and"advertising device"do not include the recuperation and treatment of victims of mental disor- following for purposes of this title: dersordrng addiction.(Ord 93§1(part),1"5:Exhibit A. Official notices issued by any court or public. A§251-19(part)) body or officer; B. Notices posted by any public officer in perfor- , 25.04.720 Scenle hlghm mance of a public duty or by any person in giving any "Scenic highway"means any highway designated a legal notice; scenic highwayby an agency of the city,county,state or G Directional, warning, or information signs or federal government(Ord 93§1 (part),1975:Exhibit sump required by or authorized by law or by fed- A§252-19(part)) oral,state or county authority, D. mar flag of the state or of the United States or 25.04.725 Service. any official flag of any other state or country.(Ord.93 "Service"means an act,or any result of useful labor, § 1(part),1975:Exhibit AS 252-19(part)) which does not,in itself,produce a tangible commodity. (Ord 93§1(part),1975:Exhibit A 1 252-19(part)) 25.04.7S5 Specific plea. Setback area. -Specific plan"means a definite statement adopted 2S.04.730 by "Setba area"means the area between the together ordinance of polities, standards, and regulations, line and the property line, or when abutting a street, together with a map description defining the b the ultimate right-of-way line.(Ord 93§1(part),1975: aonwhere such policies, re ,standards,and regulations are A§25�19(part)) applicable pursuant to the requirements of the Govern- Exhibitwent Code of the state. (Ord 93 § 1 (part), 1975: 25.04.735 Setback distance. Exhibit A§252-19(part)) "Setback distance"means the distance between the building line and the property line,or when abutting a 25.04.760 Stable,pri atr- street, the ultimate right-of-way line. (Ord. 93 § 1 "private stable"means a building or a portion of a (part),1975:Exhibit A§25.2-19(part)) building used to shelter and feed equines which are used exclusively by the occupants of the property on 25.04.740 Shopping center. which the stable is situated.(Ord.93 11 (part), 1975: "Shopping center" means an integrated develop- Exhibit A§251-19(part)) 352 25.04.765 25.04.765 Stable, public. 25.04.g05 Townhouse development. "Public stable"mean a stable other them a private stable "Townhouse development"thetas a chcster development (Ord 93 § 1 (party 1975: Exhibit A § 252-19 (part)) consisting of attached two-story dwelling units.(Ord.93 § 1 (party 1975: Exhibit A § 242-20 (part)) 25.04.770 SIM. "Story"mean that portion of a building included be. 2SA4.ffi0 Ultimate rlgtit-of-way. tweet the upper an of any floor and the upper surface "Ultimate right-d--way"ra"m the rigirtof-way shown of the floor neu above,except that the topmost story shall as animate on an adopted precise plan of highway align- be that portion of a building included between the upper mat:or the sa t rights-d-way shown within the boundary surface of the topmost floor and the ceiling or roof above. of a recorded tract map,a recorded parcel map,or a record- (Ord. 93 § 1 (party 1975: Exhibit A § 252-19 (pan)) ed development plan.The latest adopted or recorded dace- mew in the o mentioned in this section shall take 25.04.775 Street or highway. precedence.If now of these exist,the ultimate right-of-way "Street or highway"mean a public or private vehicular shall be wasidered the riglitaf-way requited by the highway right-of--way other than an alley.(Ord 93§1(part�1975: classification as shown on the master plan of arterial Exhibit A § 252-19 (part)) highways.In all other instances,the ultimate right-of--way shall be considered to be the existing right-of-way.(Ord 25.04.730 Stied centerline. 93 § 1 (party 1975: Exhibit A § 25.2-21 (pan)) "Street centerline" means the centerline of a street right-of-way as established by official survey. (Ord. 93 25.04.g15 Use. § 1 (party 1975: Exhibit A § 252-19 (pan)) "Use"mean the purpose for which land or a building is occupied,arranged,designed or intended,or for which 2SAK78S Strad opening. either Ind or building is or may be occupied or maintained. "Street opening"means a cub break,or a means,place, (Ord 93 § 1 (party 1975: Exhibit A § 252-21 (pan)) or way provided for the purpose of gaining vehicular access between a street and abutting property.(Ord 93§ 1(pan� 2S.04.ffi0 Use, accessory. 1975: Exhibit A § 252-19 (part)) "Accessory use" mean a use customarily incidental and accessory to the principal use of the land or building 25.04.790 Structum site,or to a building or other strucnrre located on the same "Struenae"means anything constructed or erected reguir- building site as the principal use.(Ord.93§ I(pan�.1975: ing a fixed location on the ground or attached to something Exhibit A § 25.2-21 (pan)) having a fixed location on the ground except business signs and other improvements of a minor character. (Ord. 93 25.04.ffi5 Use, principal. § 1 (party 1975: Exhibit A § 252-19 (part)) "Principal use"means the main purpose for which land or a building is occupied,arranged,designed or intended, 25.04.795 Structural alterations. or for which either land or building is or may be occupied "Strucuual alterations"means any change in the sup. or maintained (Ord. 93 § 1 (party 1975: Exhibit A § porting members of a building or structure. (Ord 93 § 1 252-21 (pan)) (pan), 1975: Exhibit A § 252-19 (part)) 25.04.g30 Use, ttmrporary. 25.04.797 Supermarket. "Temporary use" means a use which is required for "Supermarket"means a self-serve retail market selling the proper function of the community or temporarily foods and household merchandise.(Ord 636§2(Exhibit required in the process of establishing a permitted use,or A § 1). 1991) construction of a public facility.Such use shall be permitted only after the issuance of a temporary use permit as estab- 25.04" Swimming pool. lished by the provisions of this title. (Ord 93 § 1 (part), "Swimming pool" means an artificial body of water 1975: Exhibit A § 25.2-21 (pan)) having a depth in excess of eighteen inches, designed, constructed and used for swimming,dipping or immersion 25.04.ffi2 Valet parking. purposes by men,women or children.(Ord.93 § 1 (party "Valet parking"is whenever a parking attendant is uri- 1975: Exhibit A § 25.2-19 (pan)) lied to park cars in an assigned area that is not available to the general public. (Ord. 335 (pan), 1983) 353 (P&Lm D�e-91) 25.04.835 2&"S Vrhktdsr aewaway. Vehicdar aooessway"means a private,nonexclusive vehicular ememeat affording acceit to abumng pmpeMee. 1 (Ord 93 11 (part). 1975: Exhibit A§ 252-22(re)) 2S 4.M Vddde,eommerciaL "Commercial vehicle" meets a vehicle which when � operated upon a highway is requited to be registered s a commercial vehicle by the acute Vehide Code,and which is used or maintained for the transportation of persons for 1 hit-,compensation or profit or designed,and used primarily for the transportation of property.(Ord.93§1(part),1975: Exhibit A § 25.2-22(part)) 1 25.04.345 Wboksale. "Wholesale"means a business establishment engaged in selling to retailers or jobbers, rather than consumers. l (Ord. 93 11 (part). 1975: Exhibit A§ 25.2-23 (part)) 25.04.g50 Wing wad. l "wing wale'means an architeetmal feature in excess of six fed in height which is a continuation of a building wall projecting beyond the exterior walls of a building. (Ord.93 § 1 (pant). 1975: Exhibit A§ 25.2-23 (part)) 23.04MS Yard. Yard"means any open space on the same lot with a 7 building or dwelling group.which space is between the setback lines and the lot litres of the parcel of the planned sts line and is unoccupied and unobstructed except for the projections permitted by this tide.(Ord.93§ 1(put), 1975: Exhibit A§ 251-25) '1 25.04NA Zorn "Zone"means a zoning district,as defined in the State Conservation and Planning Act,shown on the zoning map t to which uniform regulations apply. (Ord 93 11 (part). 1975: Exhibit A § 25.2.26 (part)) . 25A MS Zoning ordinance or this ordinance. l "Zoning ordinance"or"this ordinance"means the oom- pmhensive zoning ordinance of the city.(Ord 93§ 1(part). 1975: Exhibit A § 25.2-26 (part)) i 25.04.370 Zoning map "Zoning map" means the official zoning map of the l city which is a part of this title.(Ord.93 § 1(part), 1975: Exhibit A § 25.2-26 (part)) I l tram Dana"sail 354 TITLE 17 -- ZONING ORDINANCE ARTICLE I GENERAL PROVISIONS CHAPTER 17.04 BASIC PROVISIONS 17.04.010 TITLE This Title shall be known as the "City of Rancho Mirage Zoning Ordinance". 17.04.020 PURPOSE The purpose of this Title is to promote the public health, safety, general welfare and preserve the aesthetic quality of the City by providing regulations to ensure an appropriate mix of land uses in an orderly manner. In furtherance of this purpose the City desires to protect and enhance the quality and value of the natural desert resort environment by providing stable and desirable neighborhoods supported and served by parks, open space, and an appropriate circulation system. Furthermore, it is the expressed intent of this Title to ensure viable neighborhood and high end specialty commercial enterprises of the highest quality, and to promote the prestigious residential resort image of the City by regulating the location and use of buildings, structures, and land uses as provided by this Title. 17.04.030 STATUTORY AUTHORITY AND GENERAL PLAN CONSISTENCY This Title is the primary tool for implementing the goals, objectives, and policies of the Rancho Mirage General Plan, pursuant to the mandated provisions of,the State Planning and Zoning Law (Government Code Section 65000 et. seq.). All development within the City's Sphere of Influence, shall be consistent with the Rancho Mirage General Plan. 17.04.040 DEFINITIONS Abutting /Adiacentl. Two (2) or more parcels sharing a common boundary, of at least one (1) point. Abandoned. To cease or suspend from developing or maintaining a building or use for the stated period of time. Abandoned Activity. A business or activity with no reported sales or activity for a period of at least 180 days, exceptions are temporary closures for repairs alterations, or other similar situations. ARTICLE I • GENERAL PROVISIONS I ' 1 GENERAL PROVISIONS Access. Safe, adequate, and usable ingress or egress to a property or use. Accessory Building or Structure. A building or structure detached from a principal building on the same lot, incidental to the principal building, and not designed for human habitation. Accessory Use. A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel. Antenna. A device for transmitting or receiving radio, television, or any other transmitted signal. Apartment. A building or portion thereof designed and used for occupancy by two (2) or more individual persons or families living independently of each other. Attached. Any structure that has a wall or roof in common with another structure. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding from the sun. Bakery, Retail. A business that predominantly sells on premises products such as pastries, donuts, breads, cakes, rolls, cookies and pies. The end product sold constitutes a "bakery", not the process of preparing the product. Basement. A story partly or completely underground. A basement shall be counted as a story for purposes of height measurement where•any portion of a basement has more than one-half ('/2) of its height above grade. Berm. A mound or embankment of earth. Building. Any structure having a roof supported by columns or walls. Building Area. The net portion of the lot remaining after deducting all required setbacks from the gross area of the lot. Building Coverage. The percent of lot area which may be covered by all the footprints of buildings or structures on a lot. Building Height. The building height is the vertical distance.from the finished grade to the highest point of the structure, excluding chimneys and vents. Please refer to Section 17.18.030 (Building and Structure Height Determina- tion) in Chapter 17.18 (Property Development Standards) for specific provisions (e.g., building pad, foundation, etc.). ARTICLE I e GENERAL PROVISIONS 1 - 2 GENERAL PROVISIONS Building, Principa/. A building in which the principal use is conducted. Carport. A permanent roofed structure not completely enclosed to be used for vehicle parking for the occupants of the premises. City The City of Rancho Mirage. Clinic. A place for outpatient medical services to patients, human or animal. Commercial Vehicle. A vehicle customarily used as part of a business for the transportation of goods or people. Commission. The Planning Commission of Rancho Mirage. Community Apartment. A development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located on the land. con sisting of an undivided interest in common Condominium. A development9 for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel. 1 Construction Commencement. Satisfactory completion of the site preparation, j grading, forms and foundations, including reinforcing steel, and all electrical, plumbing and air conditioning groundwork. Council. The City Council of Rancho Mirage. Days. Shall always be consecutive calendar days unless otherwise stated. Density. The number of dwelling units per net acre, unless otherwise stated, I for residential uses. i Detached. Any building or structure that does not have a wall or roof in common with any other building or structure. Development. The placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; ARTICLE I • GENERAL PROVISIONS 1 - 3 GENERAL PROVISIONS construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major native desert vegetation. As used in this Title, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project", as defined in Government Code Section 65931, is included with the definition. Director. The Director of the Rancho Mirage Community Development Department. Dwelling. A building or portion thereof designed for residential occupancy, not including hotels or motels. Dwelling, Mu/tip/e. A building containing two (2) or more dwelling units or a combination of two (2) or more separate single family dwelling units. Dwelling Unit. One (1) or more rooms and a kitchen, designed as a unit for occupancy by one (1) family for living and sleeping purposes. Family. Any number of individuals related by blood or marriage, or not more than five (5) unrelated persons customarily living together as a single housekeeping unit, and using common cooking facilities, as distinguished from a group occupying a hotel or club. Floor Area, Gross. The area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. Garage. An enclosed building, or a portion of an enclosed building used for the parking of vehicles. Grade. The average of the finished ground level surrounding a building. Please refer to Section 17.18.030 (Building and Structure Height Determination) in Chapter 17.18 (Property Development Standards) for specific provisions (e.g., building pad, foundation, etc.). Gross Acreage. The total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Gross F/oorArea. The area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. Guest/Emalovee Quarters. Living quarters, which shall not be rented, located on the same premises with a main residence, and occupied for the sole use of ART/CLE / • GENERAL PROVISIONS 1 - 4 GENERAL PROVISIONS members of the family, temporary guest, or persons permanently employed on the premises. Home Occupation. An activity conducted in compliance with Section 17.32.030 (Operating Standards) carried out by an occupant conducted as an accessory use within the primary dwelling unit. Hospital. An institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. j Hotel. Guest rooms or suites occupied on a transient basis for compensation. i Kennel. Any lot where four (4) or more dogs, cats, or other small animals i over the age of four (4) months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals i are boarded, kept for sale, or hire. 1 Lot. A parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The 1 classification of lots are: J Corner. A lot located at the intersection of two (2) or more 1 streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred and thirty-five (135) degrees, the lot shall be considered an "interior lot".(See Figure I-1) Flag. A lot having access or an easement to a public or private street by a narrow, private right-of-way. Interior. A lot abutting only one (1 ) street. Key. A lot with a side line that abuts the rear line of any r one (1) or more adjoining lots. I s Reverse Corner. A corner lot, the rear of which abuts the side of another lot. Through. A lot having frontage on two (2) generally parallel streets. i Lot Depth. The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line. ARTICLE I • GENERAL PROVISIONS 1 - 5 GENERAL PROVISIONS Lot Front. The portion of the lot contiguous to the street. Lot Line. Any boundary of a lot. The classifications of lot lines are: Front. On an interior lot, the. line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, the lot line abutting the street providing the primary access to the lot. (See Figure 1-1) Interior. Any lot line not abutting a street. Rear. A lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an - irregular-shaped lot, including a triangular lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet. Side. Any lot line which is not a front or rear lot line. • I Street, Any lot line abutting a street from which access is permitted. f Lot Width. The average distance between the side lot lines, measured at right angles to the lot depth. i Manufactured Home. A structure, transportable in one (1) or more sections,and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities. Mobile Home. Same as "Manufactured Home", but subject to the National Manufactured Housing and Construction and Safety Act of 1974. Motel. The same as hotel. Net Acreage. The total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. ARTICLE I • GENERAL PROVISIONS I - 6 GENERAL PROVISIONS FIGURE I-1 ILLUSTRATION OF TERMS Interior old* front lot line - lot line reversed corner lot I flap lot rear lot line ON key lot front yard rear yard Interior lot Interior aide yard throuoh lot i corner street side yard corner lot �— streets I Corner Lot s } VS. Interior Lot If Anole o Is vaster then 1350 thfa.ls so- Interior lot. If less o then 1350, this Is a corner lot. front rear •Id• ARTICLE I • GENERAL PROVISIONS I - 7 GENERAL PROVISIONS Nonconforming Bui/ding or Structure A building which conformed to applicable laws when constructed but does not conform to the provisions of this Title. Nonconforming //legal A building, structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Title. Nonconforming Lot A lot, the area, frontage or dimensions of which do not conform to either the provisions of this Title, or the Subdivision Ordinance (Title 16). Nonconforming Use A use complying with applicable laws when established but does not conform to the provisions of this Title. Parcel. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assess- ment roll. Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping purposes. Permitted Use. Any use allowed in a zoning district and subject to the provisions applicable to that zoning district. Principal Use The primary or predominant use of any lot, building or structure. Public Right-of-Way. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses. Recreational Vehicle A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreation- al or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks or buses and boats, and boat trailers. Resort Hotel. A group of buildings containing guest rooms and providing outdoor recreational activities. Restaurant. Carry-out An establishment whose primary business is the sale of foods and beverages to customers who consume those foods and bever- ART/CLE 19 GENERAL PROVISIONS 1 - 8 GENERAL PROVISIONS ages off-site from the restaurant, restaurant patio or restaurant parking lot. Food is carried out with disposable containers, plates, utensils and cups. Restaurant. Fast-food and Drive-in. An establishment whose business is the sale of foods and beverages to customers who are served standing at win- dows or counters for consumption on-site or off-site and to customers who remain in their motor vehicles to order and purchase food for consumption on- site or off-site. Food is served with disposable containers, plates, utensils and cups. Restaurant. Standard. An eating establishment whose primary business is the sale of foods and beverages to customers for their consumption within the restaurant or restaurant patio. Customers are seated at tables or counters, are provided individual menus and are served at tables or counters by restaurant employees. Food is served using nondisposable plates, utensils and cups. At least fifty percent (50%) of the total gross floor area is used for the seating of customers. Carry-out food service is incidental to the primary purpose of l consumption of food in the restaurant. Satellite Dish Antenna. An apparatus capable of receiving or transmitting # communications from a satellite. Second Dwelling Unit. An additional dwelling unit having separate living and j sanitation facilities attached or detached from an existing single-family ' dwelling on a lot zoned for single-family use as defined in Government Code Section 65852.2. i Setback. The required distance that a building or structure must be located from a lot line. On corner lots, the shortest street frontage shall be the front yard. On flag lots, the rear yard location shall be determined through project review. (See Figure 1-1). I Si n. Any object, device, display or structure, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention. (See r Chapter 17.22 for sign standards and additional definitions). Solar Access. The airspace over a parcel that provides access for a solar energy system to absorb energy from the sun. Stable, Commercia/. A structure for the keeping of horses, mules or ponies which are rented, used or boarded for compensation. Stable, Private. An accessory structure for the keeping of horses or ponies for the use of occupants of the premises so long as the number of animals - kept do not exceed those permitted by Section 17,06.030 (F). ARTICLE / 9 GENERAL PROVISIONS 1 - 9 GENERAL PROVISIONS Storage. A space or place where goods, materials and/or personal property is stored. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period. Traffic Safety Site Area. That portion of both private property and public right-of-way located at any corner defined by the triangular area created by the diagonal connection of two points measured thirty-five (35) feet back from the intersection of the prolongation of the front and corner street side property lines (see Figure 1-2). Use. The purpose (type and extent) for which land or a building is arranged, designed, or intended, or for which either land or a building is occupied or maintained. Use Inauguration. The implementation of a use on a parcel or occupancy of a building, or construction of substantial site improvements after a building permit has been issued, subject to determination by the Director. Zoning District. A portion of the City within which certain uses of land and buildings or structures are defined, and regulations are specified. 17.04.050 ESTABLISHMENT OF ZONING DISTRICTS A. Establishment of Zones - Rancho Mirage shall be divided into zoning dis- tricts which consistently implement the General Plan. The following zones are established: R1 (Single Family Residential) Zone RE (Residential Equestrian) Zone PUD (Planned Unit Development) Zone MHP (Mobile Home Park) Zone RR (Residential Reserve) Zone HR (Hillside Reserve) Zone MU (Mixed Use) Zone CN (Commercial Neighborhood) Zone CO (Commercial Office) Zone ARTICLE / • GENERAL PROVISIONS 1 - 10 GENERAL PROVISIONS -- - FIGURE l- TRAFFIC SAFETY SITE AREA �- 3 S sidewalk i } t sight trlenyl• � 36' 1 . i i face of curb property line i ARTICLE I �. GENERAL PROVISIONS 2516.010 cbspie 2516 25.16.R10 Conditional uses. The following toes may be permitted subject to a R1 SQdGMFAMII Y RLSIDCMAL DISTRICT conditional on permit: A. Boardinghouses and roomingl. m B. Chumbt�convects,monasteries and other zrli- gious msatutiomti Sectionic Purpose C Day maaeivs and musery schools; 2 5,16A20 principal uses and structures D. Fee st roc 2 r; facilities such as F- Private staeatioral Country permitted. dubs,manisandswimdubs,gotfcmu3cs,withinciden- 25.16.030 Conditions!uses. mi,limited commercial uses which are commonly asso- 25,16,040 prohibited usm anted and directly related to the primary use; 2516.050 Development standards for lots less F. privm schools and colleges, not including art, than ten thousand square fed. business,or trade schools or colleges; 25ILM Development standards for lob G. public educational institutions•, larger than ten thousand square IL public utility and public service fsCilities feet but Ica than Aftem thousand L Commcrmsl pelting lots when directly adjacent square fed. to the Gl general commercialmne and consistentwith 2516.070 Development standards for lots recommendations of an adopted specific plan. (Ord. Urger than fifteen thousand square 604 § 2 Obit A), 1990; Ord. 94 § 1 (part), 1975: fat. Exb to§25.10.3) 2616M General development standards applicable to all lots. 2516A40 prohibited ases. 25.IL090 Front yard setbadt eaeeptioe. All uses not specifically permitted within Sections 2516.020 and 25.16.030 shall be strictly prohibited 2516.010 Purpos& within the(Rl)residential district.(Ord.9411(part), ! It is the intent of the Rl district to encourage the 1975:Exhibit A§25.10-t) preservation of residential neighborhoods character- ized by ungle.family buildings on medium-sized lots 2516.050 Development standards for lob less and to preserve undeveloped lands for similar types of than ten thousand square fed residential development by permitting a minimum of All development on lots less than ten thousand gunniiary nonresidential uses.(Ord.94 11(part),1975: square feet as shown on the zoning map shall comply i Erhibit A§25.10-1) to the following minimum development standards: A. Mmimum lot area,eight thousand square feet or 25.16.020 Principal rues and structures larger as determined by the dry council and indicated permitted. on the zoning map; The foilowinguises and structum shall be permitted B. Minimum lot width,seventy feet; in any RI district C. Minimum front yard,twenty feet; A. Accessory buildings,uses,and/or structures: D. Minimum rear yard,fifteen feet; B. Domestic animals; E Minimum side yards, fourteen feet combined, C Home occupations, as provided in Chapter each of which shall be not less than five feet; 25.66; F. Minimum street side yard,ten feet D. Private greenhouses slid horticultural collec- G. Ma:dmum building site coverage,thirty Per- lions,flower and vegetable gardens: OeIIt; E Public parlor and recreational facilities; H. The minimum dwelling unit size as specified in F. Single-family dwelling per lot: Section 25.56320 shall be one thousand square feet on G. Temporary uses as provided in Chapter 25.64. lots less than ten thousand square feet in size.(Ord.128 r (Ord. 128 11 (part), 1976: Ord 94 § 1 (part), 1975: 25 l(part), p 5),1976:Ord.94§ I(part),1975-Exhibit A 44 Eidubit A§25.10-2) L 367 2516.060 � _t 25.16.060 Development standards forloft larger F Minimum side yard,fdteen feet; than ten thousand square feet but less F. Minimum street side yard,fifteen feet;. than nftem thousand square feel G. The minimum dwelling unit size as specified in An developments on lot larger than ten thousand won 25-56320 shall be eet for all larger red to fifteenn htm&W thousand Kum feet but somaner than E teen thousand square square square feet as shown on the zoning map shall comply to the square feet: fbIlowin development dards: H. MaXiMumbuiding sac coverage,tbiMPemeat. A. lot one hundred feet; (Ord.128 U 1(pa 3,1976.Ord.9411(part),1975: EL Minimum lot widths,ninety feet; Exhibit A H 25.10-7—25.10.7.08) C. Miantram from yard,twenty feeet; mmt standards D Mhmtmm rear yard.twenty Leer; 2516.080 General develop F Minimum side yards,twenty feet combined,no applleable to all lots. side less am eight feet; The following standards shall apply to all lots in an y F Minimum street side yard,fineen feet; Rl district a Masirimin building s to coverage.they percent A. Maximum building height,eighteen feet or one it The minimum dwelling trait size as specified in story in height,whichever is less; Section 25-%=shall be increased to one thousand EL All pmrking and loading shall comply with the -, two hundred fifty square feet for all lots larger than ten provisions of Chapter 25-58, thousandsquatefeetbutsmall thanfifteenthousand. C. For provisions regarding utilities, see § (Ord 12§1(pnt),2,1976.Ord.9411(pa41975: 2536.090; Exhibit AH2510.6-25.10408) D. All sign shall be in compliance with Chapter 25.68; 2516.070 Development standards farlots larger F An development shall comply with the provic- than ffftsen thousand square feet. ions of Chapter 25.70 for site plan review by the design i All developments on lots larger than fifteen thou- review process (Ord.94 11(part),1975:Exhibit A�§ sand square feet as shown an the zoning trap shall 25.10-8-25.10-8.05) comply to the following minimum development stan- dards: 25.16.090 Font yard sedbackezaptfon. A. Mnurrum lot depth, one hundred twenty-five From yard setbado in subdivision development few may be reduced by twenty five percent provided the R Irfmimum lot width,ninety feet; average of all such setbada is not lea than the mini- C. Mmimmn front yard,twenty-five feet; muni required forthe district(Ord 94§1(part�1975: D. Minimum rear yard,twenty feet; Exhibit A f 25.10-9) 368 25.1&010 Chapter 25.18 B. Churches,mavents+monasteries and other reli- gious institutions; R2 SINGLE-FAMILY RESIDENTIAL DISTRICT C. Day nurseries and mtrsery achooLs; D. Hospitals; E. Neighborhood governmental offices,five thou- Sedions: und square feet maximum building size; 25.18.010 . Purpose. F. Planned residential developments (cluster 25.1&o20 Permitted uses development); 2518.030 ConditProhibited seer. G. private schools and colleges,not including art, 25.18.040 Prohibited uses. ' 25.1&050 Development standards. business,or trade schools or colleges; 25.18.060 Lot spedfieations H. Private recreational facilities such as country 25.1&070 Yards. dubs,tennis and swim clubs,golf courses,withinciden- 25.18.080 Building site coverage. tal,limited commercial uses which are commonly asso- 25.1& m 090 Minimu site area per dwelling dated and directly related to the primary use; L. mtit L Public educational institutions; unit. 25.18.100 . g height j. Public utility and public service facilities; and and loading B. Professional offices,provided property to be de- 25.18110 lad stied paridng or across the street, or across an requirements veloped is abutting 25.18.120 Utilitie& alley from commercially zoned property; residential 25.18130 Signs development standards to be used to ensure compati- > . 25 &140 Site plan review. bil'L 25A&150 Special standards OT=pig lots when directly adjacent tothe office professional zone and consistent with recom- L 25.18.010 Parpos& mendations of an adopted specific plan(Ord.610-A§ The intent and purpose of the R2 district is to re- 2(Exhibit A),1990:Ord.245,1981:Ord 94§1(part), serve appropriately, located areas for families living in 1975:Exhibit A§25.11-3) �� _ a variety of types of dwellings at a medium range of population densities consistentwithsotmdstandardsof 25.1&040 Prohibited uses. public health and safety. (Ord 94 § 1 (part), 1975: All uses and structures not permitted in Sections Exhibit A§25.11-1) 25.18.020 and 25.18.030 are strictly prohibited (Ord 25.18.020 Permitted uses. 94§ 1(part),1975:Exhibit A§25.11-4) The following toes and structures shall be permitted 25.1&050 Development standards. g., in an R2 district: A. Accessory buildings,uses,and/or structures; The following development standards as set out in B Combinations of attached or detached dwellings Sections 25.18.060 through 25.18.140,except for mini- L. including duplexes,dwelling groups,and townhouses mum lot width depth and setbacks not applying to C. Domestic animals; planned residential districts,shall apply to all develop- D. Home occupations as provided in Chapter ments in R2 districts.(Ord.94§1(part),1975:Exhibit 25.66; A§25.11-5) L. E. Multifamily dwellings, F. Public parks and recreational facilities; 25.1&060 Lot specifications. G. Single-family dwelling per lot;and A. The minimum lot area shall be eight thousand L. IL Temporary uses as provided in Chapter 25.64. larger as determined the city council (Ord 128 § 1 (part), 1976: Ord 94 § 1 (part), 1975: square feet or on t b1 Exhibit A§25.11-2) and indicated i the zoning map. B. The minimum lot depth shall be one hundred L feet 25.1&030 Cond►tlonaluses C. The minimum lot width shall be seventy feet The following uses may be permitted subject to a (Ord. 94 § 1 (Part) 1975: Exhibit A §§ 25.11-5.01 — L conditional use permit: 25.11-5.03) A. Boardinghouses and roomingbouses; 369 L 25.182M 25ALM Yards. 2S.18.110 Off-SOW pig and 10ading A. The minimum front yard shall be fifteen feet shall comply with the pro- R 'the minimum rear yard shall be twenty feet. All puking loading G The minimum side yard shall be fourteen feet visors of Chapter 25s8. (Ord 128 § 4 (part). 1976: combined,eachof which shall be not lea than five feet. Ord.94§1(part�1975:F.h,'hit A§25.11-5.11) D. The miommum street side yard shall be ten feet (Ord.128 H 1(pan),4.M6:Ord.94§1(part�1975: 25.1&120 MUM utilities, see § ZSs6.090. ExhibitA it 25.11-5.04-25.11-5.07) For Provisions regarding 1ng (Ord. IN § 4 (part). 1976: Ord. 94 11 (part), 1975: 2S 1fi.080 Building site eorerage- 13ltbit A§25.115.12) The mazimam building site coverage in an R2 dis- trict shall be fifty percent(0rd..118§4(party 1976: 25.18.130 Signs. Ord'94§ 1(part),1975:Exhibit A§25.11-5.08) All sips shall be in compliance with Chapter 25.68. (Ord. 128 § 4 (part), 1976: Ord. 94 § 1 (part), 1975: 25.18.090 Minimum site arts per dwelling unit Exhibit A§25.11-5.13) There shall be a minimum of four thousand square feet or larger as determined by the city counal and 25.18.140 site plan review. with the provisions of indicated on the zoning map as the site area per dwell- All development shall comply p mg twit;(Ord 128 15(part),1976-Ord.94§1(Part). Chapter 25.70 for site plan review by the design review 1975:Exhibit A§2511-5.09) proxy (Ord.94§ 1 (part� 1975:Exhibit A§ 25.11- 5.14) 25181 Building height maamum building height in any R2 district 25.18.150 Special standards. shall be twenty-two feet for a flat roof structure and There are no special standards for any R2 district, twenty-four feet for a pitched toot wept,where the c=prt those required by conditional use permits for struc=e is within one hundred twenty feet of the R1 conditional rise.(Ord 94§1(part).1975:Exhibit A§ district,the buiidinghc*Ishallbe limited to one story, 25.11-6) ma:rmttmm eighteen feet(Ord.432(party 1985:Ord. 128 14(part),V76:Ord.94§1(part),1975:Exhibit A §25.11-5.10) 370 25.20.010 Chapter 2520 C Commercial parking lots servicing a commercial establishment within three hundred feet R3 MULTIFAMILY RESIDENTIAL DISTRICT D. Day nurseries and nursery schools; E. Hospitals; F. Hotels with a maumum of eighteen units to the Sections: 25210 Purpose. 8.N 0A eighborhood governmental Offices Of less than 2520.020 Permitted usm five thousand square feet building area; 2520.030 Conditionaloses. H. Planned residential developments (cluster 252 ZO Prohibited uses. development or condominiums); development stan- 25.20.050 Derelopment standards. dards shall be aS approved; 25.20.060 Lot speMcstions. L private recreational facilities such as country 25JA WO Yards. dubs,tennis and swim clubs,golf courses with inciden- 2520.080 Building site emera8a tal,limited commercial uses which are commonly asso- 25.20.090 Site area per dwelling unit ciated and directly related to the primary use; 25.20100 Open spar J. private schools and colleges, not including art, 25.20.110 Building height business,or trade schools or colleges; 2520.120 OC street parking and loading K Public educational institutions; requirements L. Public utility and public service facilities; 25.20.130 Utilities. M. Social institutional use;and, 2520.140 Signs. N. Professional Offices,provided property to be de- 2S20150 Site plan reriew. veiloped is abutting or across the street, or across an 25.20.160 Trash handling. alley from commercially zoned property; residential development standards to be used to ensure 00mpati- 2520.010 Purpose. biliry.(Ord.244,1981:Ord.94 11(part),1975:Exhibit The specific purposes of the R3 district are to pro- A 125.12-3) vide suitably located areas for residents to live in a variety of housing types at high population densities 2S.=040 Prohibited uses consistent with sound standards of public health and All uses and structures not permitted in Sections safety.(Ord 94§I(part),1975:Exhibit A 125.12-1) 25Z0.020 and 25?0.030 are strictly prohibited. (Ord- 94 j 1(part),1975:Exhibit A 125124) is 2520.020 Permitted uses The following are permitted uses in any R3 district 2520.050 Development standards. A. Accessory buildings,uses,and/or structures: The following development standards set out in Sec- B. Combinations of attached or detached dwell- lions 25?A.060 through 25]A.150 except for minimum ings,including duplexes,multifamily strmcnuss,dwell- lot width,depth and setbacks not applying to planned ing groups,and townhouses; residential developments, shall apply to all develop- C. Domestic anima' meat(Ord 9411(part),1975:Exhibit A§25.12-5) D. Home occupations as provided in Chapter 25.66; 25.=060 Lot specifications. E. Multifamily dwellings with a maximum of eigh- mini..+,,.,+ A The lot area shall be ten thousand teen units per acre; F. Temporary uses as provided in Chapter 25.64. square feet or larger as determined by the city council (Ord 128 § 1 (part), 1976: Ord. 94 § 1 (part), 1975: and indicated on the zoning map. Exhibit A 125.12-2) B. The minimum lot depth shall be one hundred li feet 25200 Conditional uses. C. The minimum lot width shall be nicety feet .03 Ord. 128 § 1 (part). 1976: Ord 94 § 1 (part). 1975: L The following uses may be permitted subject to a E.,dubit A§§25.12-5.01—25.12-5.03) conditional use permit: A. Churches,convents,monastcries and other reli- 2520.070 Yards. gious institutions; L A The minimum front yard shall be fifteen feet- B. Cubs,private; 371 1 t 25.20.070 B The minimum tear yard shall be ten feet 25.20.150 Site plan rvdcw. C. The minimum side yards shall be twenty feet All developments within the residential multifamily combined, each of which shall not be less than eight district shall comply with the provisions of Chapter feet 25.70 for site plan review by the design review process. 1). The minimum street side yard shall be ten feet (Ord. M § 5 (part), 1976: Ord 94 11 (part), 1975: (Ord 128§§1(part),5(part),1976:Ord.94§1(part), Exhibit A§25.12-5.15) 1975:Exhibit A§§25.12-5.04—25.12-5.07) 25.20.160 '15rash hatuIIhrg. 25.20.080 Building site coverage. A trash enclosurewtllbe provided for all uses,unless The maximum building site coverage shall be fifty the proposed location of the trash area is completely percent(Ord 128§5(part),1976:Ord.94§1(part), encknedbywalls orbuulding.No trash shall be allowed 1975:F-dubit A§25.12-5.08) to extend above or beyond the enclosures.(Ord 94§1 (part),1975:Exhibit A§25.12-6) 25.20.090 Site area per dwelling unit The minimum site area per dwelling unit shall be two thousand five hundred square feet or larger as deter- mined by the city council and indicated on the zoning map.(Ord.128 15(part),1976:Ord.94§1(part),1975: Exhibit A§25.12-5.09) 25.20.100 Open space. The group usable open space per dwelling unit shall be three hundred square feet (Ord. 128 § 5 (part), 1976:Ord 94§1(part),1975:Exhibit A§25.12-5.10) 25.20.110 Building height ' The maximum building height in any R3 district shall be twenty-two feet for a flat roof structure and twenty-four feet for a pitched roof,except,where the structure is within one hundred twenty feet of the RI district,the buildingheightshallbe limited to one story, maximum eighteen feet(Ord 432(part), 1995: Ord 128 15(part),1976:Ord.94§1(part),1975:Exhibit A §2SA2-5.11) 25.20.120 Off-street parking and loading requirements All parldng and loading shall comply with the pro- visions of Chapter 2558. (Ord 128 § 5 (party 1976: Ord.94§1(part),1975:Exhibit A§25.12-5.12) 25.20.00 utilities. For provisions regarding utilities, see § 2556.090. (Ord 128 15 (part), 1976: Ord. 94 § 1 (part), 1975: Exhibit A§25.12-5.13) 25.=40 Signs All signs shall be in compliance with Chapter 25.68. (Ord 128 115 (part), 1976: Ord. 94 § 1 (part), 1975: Exhibit A§25.12-5.14) 372 I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25 . 04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25 .28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 . 104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 . 202 and 25 . 04 . 203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 . 202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . 25 . 04 . 203 : "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . ORDINANCE NO. SECTION 2 : That section 25 . 28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 . 28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 : That section 25 .30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 6 : That section 25 . 34 . 030 of the municipal code be amended by adding to said section the following subparagraph: "C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " 2 ORDINANCE NO. SECTION 7 : That section 25 . 38 . 030 of the municipal code be amended by adding to said section the following subparagraph: "R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 8 : That section 25 . 42 . 030 of the municipal code be amended by adding to said section the following subparagraph: "G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections : 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes : . (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : 3 ORDINANCE NO. (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures : 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040 , subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers . 4 ORDINANCE NO. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City• (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a), C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned Industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings . (1) When located on buildings, commercial communication towers and commercial communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission, (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the ,requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : 5 ORDINANCE NO. (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and (c) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 . 72 of the Code . 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 6 ORDINANCE NO. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses with a minimum of 100 feet (c) Separation distances between commercial communication towers . 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be provided around each commercial communication tower except those installed on roof tops . Access to the tower shall be through a locked gate . 7 ORDINANCE NO. (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building height . (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 3 . visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space . 8 ORDINANCE NO. (i) Illumination . Commercial communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by .the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs . (k) Noninterference . No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) Exceptions . Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . 9 ORDINANCE NO. (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct , locate or modify a commercial communication tower/antenna . (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire . 25 . 104 . 050 Exception Process . The Planning Commission may approve exceptions relative to : (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) separation distances between commercial communication towers; upon consideration of the following factors : (a) compatibility with adjacent properties; and 10 ORDINANCE NO. (b) architectural consistency with adjacent properties; and (c) visual impacts on adjacent properties, including visual access of adjacent properties to sunlight . SECTION 10 . : Section 25 . 56 . 300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 (g) . " SECTION 11 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 12 . : This Ordinance shall become effective immediately upon passage . PASSED, APPROVED and ADOPTED this 22nd day of August , 1996, by the following vote, to wit : AYES : NOES : ABSENT : ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS; AMENDING CHAPTER 25 .04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMUNICATION ANTENNA AND COMMUNICATION TOWER; AMENDING CHAPTER 25 .28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25. 30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25.34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 . 104 "COMMUNICATION TOWER AND COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows: SECTION 1 : That section 25 . 04 .202 and 25 . 04 .203 be added to define communication antenna and communication tower respectively as follows : 25 . 04 .202 : "Communication Antenna" Communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. 25 . 04 .203 : "Communication Tower" Communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators ' equipment, as licensed by the Federal Communications Commission (FCC) . SECTION 2 : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Communication towers subject to performance standards set forth at Chapter 25. 104 Communication Tower Regulations . " SECTION 3 : That section 25 .28.020 A of the municipal code be amended by adding to the end of said section the following subparagraph: ORDINANCE NO. "Communications towers subject to performance standards set forth at . Chapter 25 . 104 Communication Tower Regulations . " SECTION 4 : That section 25 . 30.020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Communication towers subject to performance standards set forth at Chapter 25 . 104 Communication Tower Regulations . " SECTION 5: That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Communication towers subject to performance standards set forth at Chapter 25. 104 Communication Tower Regulations. " SECTION 6 : That section 25.34 . 030 of the municipal code be amended by adding to said section the following subparagraph: "C. Communication towers subject to performance standards set forth at Chapter 25 . 104 Communication Tower Regulations . " SECTION 7 : That section 25 . 38.030 of the municipal code be amended by adding to said section the following subparagraph: R. Communication towers subject to performance standards set forth at Chapter 25 . 104 Communication Tower Regulations . " SECTION 8 : That section 25 .42 .030 of the municipal code be amended by adding to said section the following subparagraph: "G. Communication towers subject to performance standards set forth at Chapter 25. 104 Communications Tower Regulations. " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Communication Tower and Communication Antenna Regulations" 2 ORDINANCE NO. Sections: 25. 104 .010 Purpose and Intent 25. 104 .020 Applicability 25. 104 . 030 Permitted Communication Towers and/or Antennas 25. 104 .040 Performance and Construction Standards 25 . 104 .010 Purpose and Intent. The regulations and requirements set forth herein are adopted for the following purposes: (a) To provide for the location of communication towers and communication antennas in the City of Palm Desert: (b) To protect residential areas and land uses from potential adverse impacts of communication towers and antennas : (c) To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : (d) To accommodate the growing need for communication towers and antennas: (e) To promote and encourage shared use/collocation of existing and new communication towers as a primary option rather than construction of additional single-use towers : ( f) To protect the public health, safety and welfare: (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures: 25 . 104 . 020 Applicability. (a) All new communication towers and communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 .040, subsection (e) ( 3) , shall .be calculated and applied irrespective of municipal and county jurisdictional boundaries . 3 ORDINANCE NO. (b) All communication towers existing on , 1996 (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers. (c) All government towers with public safety systems or equipment shall be exempt from the requirements of this Section. 25 . 104 . 030 Permitted Communication Towers and Communication Antennas in Zoning Districts of City. (a) Communication towers and communication antennas shall not be permitted in any residential zoning district in the city. (b) Communication towers and communication antennas may be approved in any of the following zone districts: (a) Cl General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (c) Communication towers and communication antennas may locate on existing towers or buildings which are at least 25 feet in height. ( 1) When located on buildings, communication towers and communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials . (2 ) Shall not exceed 50% of the building height. 4 ORDINANCE NO. (d) Requests for building mounted antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding communication towers/communication antennas shall not be allowed unless the applicant: ( 1) Demonstrates to the satisfaction of the Director of Community Development: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider, and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed, and (2) Obtains a conditional use permit pursuant to Chapter 25.72 of the Code. 25 . 104 . 040 Performance and Construction Standards for Communication Towers and Communication Antennas . (a) Setbacks. Communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses. 1 . Communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 5 ORDINANCE NO. 2 . Separation requirements for communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses with a minimum of 100 feet (c) Separation distances between communication towers . 1. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after , 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows: TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be provided around each communication tower except those installed on roof tops. Access to the tower shall be through a locked gate. 6 ORDINANCE NO. (e) Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission . Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. ( f) Height. 1 . No freestanding communication tower/antenna shall exceed 85 feet in height from ground level. 2 . Where installed on top of a building, no communication tower/antenna shall extend greater than 50% over the building height. (g) Type of Construction. Communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors: 1 . compatibility with adjacent properties; 2 . architectural consistency with adjacent properties; and 3 . visual impact on adjacent properties, including visual access of adjacent properties to sunlight. (h) Development Criteria . Communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space. ( i) Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. 7 �I ORDINANCE NO. ( j ) Collocation. 1 . Proposed communication antennas may, and are encouraged to, collocate onto existing communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by the City that the proposed tower is situated in a location which will benefit the City' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City's needs . (k) Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) Variances . Any request to deviate from any of the requirements of this section shall require variance approval. (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. . (n) Signs and Advertising. The use of any portion of a tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. 8 ORDINANCE NO. (o) Abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: ( i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or ( ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. SECTION 10. : Section 25 .56 . 300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted communication towers or building mounted communication antennas . Height of said ground mounted communication towers and/or building mounted communication antennas shall be as prescribed in Section 25 . 104 .040 (g) . " SECTION ll . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 12 . : This Ordinance shall become effective immediately upon passage. 9 I ORDINANCE NO. PASSED, APPROVED and ADOPTED this 22nd day of August, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 10 AGENDA ZONING ORDINANCE REVIEW COMMITTEE WEDNESDAY, JULY 24, 1996 3:00 P.M. - ADMINISTRATIVE CONFERENCE ROOM 73-510 FRED WARING DRIVE I. CALL TO ORDER II. DISCUSSION ITEMS: A. WHY ARE WE CONDUCTING THIS REVIEW? B. DISCUSSION OF HOW TO PROCEED C. DISCUSSION OF PURPOSE OF ZONING ORDINANCE III . ADJOURNMENT s 1 CITY .OF PALM DESERT DEPARTMENT OF COMMUNITY T DEVELOPMENT p STAFFCIT"i OCOTTICIL ACTIO"a: APPROVED DENIED RECEIVED OTHER TO: Honorable Mayor and Cit .. FROM: Philip Drell, Acting Dif.6ci0,_,6 DATE: January 11, 1996 SUBJECT: Comprehensive Zoning Ordha$C& Rbvi Original on rile with City Clerk' s Offic@ I. BACKGROUND: The zoning ordinance was originally written in 1975 and has been amended over 100 times . While we have always attempted to preserve internal consistency, many of these amendments have resulted in conflicting regulations . Many important sections are poorly drafted with multiple diverging interpretations . Code sections relevant to a particular land use activity can be spread among as many as five chapters . With no index, it is virtually impossible for the public to locate all the relevant code sections. Even after 15 years I often forget where to find important provisions . After 20 years it is a good idea to re- examine the land use restrictions to determine what planning or public policy goal is actually being achieved. Are other important goals being neglected? The purpose of the review will be as follows : 1. Identify poorly drafted or confusing sections with multiple contradictory interpretations . 2 . Reconcile conflicting provisions . 3 . Determine whether code sections achieve a desirable urban design, environmental, social or economic development goal. 4 . Cross reference and index the code creating a more user- friendly document. The ordinance would then be input into our computer system allowing for complete access to all relevant sections. Planning and code enforcement staff would work with a committee made up of representatives from the planning commission, architectural commission, city council, EDAC, chamber of commerce, commercial and residential development community. III I STAFF REPORT COMPREHENSIVE ZONING ORDINANCE REVIEW DECEMBER 19, 1995 On December 19 , 1995 the planning commission, with a 4-0 vote, recommended that city council initiate a comprehensive zoning ordinance review. III . RECOMMENDATION: By minute motion initiate a comprehensive zoning ordinance review and designate a council member to serve on the committee. PHILIP DRELL, ACTING DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING /tm 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission FROM: Philip Drell, Acting, Director DATE: December 19, 1995 SUBJECT: Comprehensive Zoning Ordinance Review I . BACKGROUND: The zoning ordinance was originally written in 1975 and has been amended over 100 times. While we have always attempted to preserve internal consistency, many of these amendments have resulted in conflicting regulations . Many important sections are poorly drafted with multiple diverging interpretations . Code sections relevant to a particular land use activity can be spread among as many as five chapters . With no index, it is virtually impossible for the public to locate all the relevant code sections . Even after 15 years I often forget where to find important provisions. After 20 years it is a good idea to re- examine the land use restrictions to determine what planning or public policy goal is actually being achieved. Are other important goals being neglected? The purpose of the review will be ns follows : 1 . Identify poorly drafted or confusing sections with multiple contradictory interpretations . 2 . Reconcile conflicting provisions . 3 . Determine whether code sections achieve a desirable urban design, environmental, social or economic development goal . 4 . Cross reference and index the code creating a more user- friendly document. The ordinance would then be input into our computer system allowing for complete access to all relevant sections. Planning and code enforcement staff would work with a committee made up of representatives from the planning commission, architectural commission, city council, EDAC, chamber of commerce, commercial and residential development community. a t STAFF REPORT COMPREHENSIVE ZONING ORDINANCE REVIEW DECEMBER 19, 1995 III . RECOMMENDATION: By minute motion recommend to city council initiation of a comprehensive zoning ordinance review. P ILIP DRELL, ACTING DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING /tm 2 City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 August 30 , 1996 Dear E1 Paseo Business and Property Owner: At the request of the E1 Paseo Business Association, the City has initiated an amendment to the zoning ordinance as it relates to permitted uses which may occupy E1 Paseo street-level commercial frontage . This amendment will enhance the retail environment on El Paseo. The Association is concerned that all vacant space on E1 Paseo, between Portola Avenue and Highway 74 , be filled with only pedestrian oriented businesses . Ultimately, strict enforcement of the regulation will assure the long term health of the high quality retail environment of El Paseo. Should you have any questions, please do not hesitate to contact me or Steve Smith. Sincerely, PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm Paper AGENDA ZONING ORDINANCE REVIEW COMMITTEE 3:00 P.M. , WEDNESDAY, AUGUST 28, 1996 COMMUNITY SERVICES CONFERENCE ROOM I. COMMENT ON EL PASEO OVERLAY (SEE SECTION 25.29 ON PAGE 389 OF YOUR ZONING ORDINANCE RELATIVE TO DELETION OF THE 1987 EXCLUSION) II . REVIEW OF DRAFT TELECOMMUNICATION ORDINANCE CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: Zoning Ordinance Review Committee (ZORC) FROM: Philip Drell, Director of Community Development DATE: August 20, 1996 SUBJECT: Next Meeting Attached is a copy of the draft ordinance for telecommunication towers that we will be reviewing at out next meeting. The meeting will be Wednesday, August 28, 1996 at 3 : 00 p.m. in the Community Services Conference Room. See you then! PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS; AMENDING THE LIST OF PERMITTED, CONDITIONAL USES WITHIN THE CITY OF PALM DESERT, CALIFORNIA; AMENDING CHAPTER 25 OF THE ZONING ORDINANCE; AMENDING SECTION 25 .04; "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMUNICATION ANTENNA AND COMMUNICATION TOWER; AMENDING SECTIONS 25.28 GENERAL COMMERCIAL Q SG DISTRICT; AMENDING 25. 30 PLANNED COMMERCIAL dJ DISTRICT; AMENDING 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING 25 .38 PUBLIC/INSTITUTIONAL DISTRICT; AMENDING 25 .42 OPEN SPACE DISTRICT; ADOPTING A NEW SECTION 25 . 104 "COMMUNICATION TOWER AND COMMUNICATION ANTENNA REGULATIONS", PROVIDING FOR LEGISLATIVE FINDINGS, APPLICABILITY, PERMITTED COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS IN ZONING DISTRICTS OF CITY, AND PERFORMANCE AND CONSTRUCTION STANDARDS, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The City Council of the City of Palm Desert, DOES HEREBY ORDAIN, as follows : SECTION 1 : That section 25. 04 .202 and 25.04 .203 be added to define communication antenna and communication tower respectively as follows: 25 . 04 . 202 : "Communication Antenna" Communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. 25 .04 .203: "Communication Tower" Communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term communication tower shall not include amateur radio operators ' equipment, as licensed by the Federal Communications Commission (FCC) . No tower shall exceed 85 feet in height ( including antenna) when freestanding, or 40% over the building height when placed on top of buildings. ORDINANCE NO. SECTION 2 : That section 25 . 28 . 030 of the municipal code be and the same is hereby amended by adding to said section the following subparagraph: "N. Communication towers subject to performance standards set forth at Section 25 . 104 Communication Tower Regulations . " SECTION 3 : That section 25.28 . 020 A of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Communications towers subject to performance standards set forth at Section 25 . 104 Communication Tower Regulations . " SECTION 4 : That section 25 . 30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Communication towers subject to performance standards set forth at Section 25. 104 Communication Tower Regulations. " SECTION 5: That section 25 .030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Communication towers subject to performance standards set forth at Section 25 . 104 Communication Tower Regulations . " SECTION 6 : That section 25.34 .030 of the municipal code be and the same is hereby amended by adding to said section the following subparagraph: "C. Communication towers subject to performance standards set forth at Section 25 . 104 Communication Tower Regulations . " SECTION 7 : That section 25 . 38 .030 of the municipal code be added the same is hereby amended by adding to said section the following subparagraph: "R. Communication towers subject to performance standards set forth at Section 25. 104 Communication Tower Regulations . " 2 ORDINANCE NO. SECTION 8 : That section 25.42 . 030 of the municipal code be and the same is hereby amended by adding to said section the following subparagraph: "G. Communication towers subject to performance standards set forth at Section 25 . 104 Communications Tower Regulations . " SECTION 9 : That chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Communication Tower and Communication Antenna Regulations" Sections: 25. 104 .010 Purpose and Intent 25 . 104 .020 Applicability 25 . 104 .030 Permitted Communication Towers and/or Antennas 25. 104 .040 Performance and Construction Standards 25. 104 . 050 25 . 104 . 010 Purpose and Intent. The regulations and requirements set forth herein are adopted for the following purposes: (a) To provide for the location of communication towers and communication antennas in the City of Palm Desert: (b) To protect residential areas and land uses from potential adverse impacts of communication towers and antennas : (c) To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques: (d) To accommodate the growing need for communication towers and antennas : (e) To promote and encourage shared use/co-location of existing and new communication towers as a primary option rather than construction of additional single-use towers : ( f) To protect the public health, safety and welfare: 3 ORDINANCE NO. (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures: 25. 104 . 020 Applicability. (a) All new communication towers and communication antennas ,in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement communication tower setbacks and separation distances as delineated in Section 25 . 104 .040, Section E3, shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. (b) All communication towers existing on , 1996 (the effective date of this ordinance) shall be considered permitted uses, allowed to continue their usage as they presently exist; provided however, anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of Section 25 . 104 .040, Section E3, with the exception of separation distances. Routine maintenance shall be permitted on such existing towers . (c) All government towers with public safety systems or equipment shall be exempt from the requirement of this Section. 25. 104 .030 Permitted Communication Towers and Communication Antennas in Zoning Districts of City. (a) Communication towers and communication antennas must locate on existing towers or buildings which are at least 25 feet in height. ( 1) When located on buildings, communication towers and communication antennas shall be set back at least twenty five (25) feet from the edge of the buildings (water towers shall not be considered to be buildings subject to the setback requirement) ; and 4 ORDINANCE NO. (2) Shall not exceed 50% of the building height. (b) Communication towers and/or communication antennas processed under section (a) shall be reviewed and approved through the provisions of Chapter 25 . 70 Architectural Review Commission Goals/Policies/Procedures . (c) Public utility poles and transmission towers shall not be considered towers or buildings upon which antennas and/or towers are permitted to be located pursuant to this Section. (d) New freestanding communication towers/communication antennas shall not be allowed unless the applicant: ( 1) Demonstrates to the satisfaction of the Director of Community Development: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service . provider, and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna, and (2) Obtains a conditional use permit pursuant to Section 25 .72 of the code to place the communication tower and/or communication antenna within one of the following zoning districts: (a) Cl General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space 5 ORDINANCE NO. 25. 104 . 040 Performance .and Construction Standards for Communication Towers and Communication Antennas . (a) Wind load. Communication towers/antennas shall, at a minimum, be designed and constructed so as to withstand a 80 mph wind speed, exposure "C" . Existing structures shall be modified to meet this requirement prior to any permit or authorization being issued to modify said structures including, without limitation, height or the addition of antennas or providers. (b) Seismic Design Requirements . Communication towers/antennas shall, at a minimum, be designed to comply with requirements for seismic Zone 4 . (c) Setbacks. Communication tower/antenna setbacks shall be measured from the base of the tower/antenna, or protruding building structure at the base of the tower, whichever is closest to the property line, to the property line of the parcel on which it is located. Communication towers/antennas and their accessory structures shall comply with the minimum setback requirements of the district in which they are located. (d) Separation from off-site uses. 1 . Communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 2 . Separation requirements for communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned three ( 3) times lands or residential height of tower, uses with a minimum of 100 feet 6 ORDINANCE NO. (e) Separation distances between communication towers . 1 . Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after , 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows: TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet ( f) Fencing. A chain link fence or wall not less than eight (8) feet in height from finished grade shall be provided around each communication tower except those installed on roof tops . Access to the tower shall be through a locked gate. (g) Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . 7 ORDINANCE NO. (h) Height. 1 . No freestanding communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no communication tower/antenna shall extend greater than 50% over the building height. 3 . An existing communication tower may be modified to a taller height not to exceed twenty (20) feet over the tower' s existing height to accommodate the co-location of an additional communication antenna(s) . a. The height change referred to in this subsection may only occur one time per communication tower. b. The additional height referred to in this subsection shall not require an additional distance separation. The communication towers premodification height shall be used to calculate such distance separations . ( i) Type of Construction. Communication towers shall be monopole construction, provided guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . compatibility with adjacent properties; 2 . architectural consistency with adjacent properties; and 3 . visual impact on adjacent properties, including visual access of adjacent properties to sunlight. ( j ) Development Criteria . Communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space. 8 ORDINANCE NO. (k) Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. At time of construction in cases where there are residential uses within a distance 300% of the height of the tower, dual lighting shall be requested from the FAA. (1) Collocation. 1. Communication towers between 45 feet and 65 feet in height shall be engineered and constructed to accommodate a minimum of one additional communication service provider. 2 . Communication towers 45 feet or less in height shall be engineered and constructed to accommodate a minimum of two additional communication service providers . 3 . Proposed communication antennas may, and are encouraged to, collocate onto existing communication towers provided such collocation is accomplished in a manner consistent with this section, such colocation is permitted and new or additional special exception approval is not required. 4 . If determined by the City that the proposed tower is situated in a location which will benefit the City' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs. (m) Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (n) Variances. Any request to deviate from any of the requirements of this section shall require variance approval . 9 ORDINANCE NO. (o) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. (p) Signs and Advertising. The use of any portion of a tower for signs or advertising purposes including, - without limitation, company name, banners, or streamers, is prohibited. (q) Abandonment. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: ( i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower at the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. SECTION 10. Section 25 . 56 . 300 "The Height of a Structure" be and the same is hereby amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations and in Section 25 .56 . 300 above do not apply to ground mounted communication towers or building mounted communication antennas. Height of said ground mounted communication towers and/or building mounted communication antennas shall be as prescribed in Section 25 . 104 . 040 (g) . " SECTION 11 . If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 12 . This Ordinance shall become effective immediately upon passage. 10 ORDINANCE NO. PASSED, APPROVED and ADOPTED this 22nd day of August, 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California I I I 11