HomeMy WebLinkAboutOrd 1279 - Amendment Title 25 - ZoningCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION FOR APPROVAL OF ZONING ORDINANCE
MODIFICATIONS INCORPORATING CERTAIN HOUSEKEEPING
CHANGES INTO TITLE 25, ZONING, OF THE PALM DESERT
MUNICIPAL CODE TITLE 25
SUBMITTED BY: Tony Bagato, Principal Planner
APPLICANT: City of Palm Desert
DATE: January 22, 2015
CONTENTS: Redlined Ordinance No. 1279
Recommendation
Waive further reading and pass Ordinance No. 1279 to second reading
approving minor revisions to Palm Desert Municipal Code Section 25, Zoning.
Planninq Commission Action
The proposed modifications to the Zoning Ordinance were presented to the Planning
Commission as an informational item. Since they do not include any policy changes or
project approvals, approval of the Planning Commission was neither necessary nor
requested.
Background
In September 2013, the City Council approved Ordinance No. 1259, which was a
comprehensive rewrite of the City of Palm Desert's Zoning Ordinance. This rewrite involved
some policy changes, but was really focused on reorganizing and reformatting the code,
which had been amended sporadically over several decades so that it was no longer
cohesive, consistent, or readily comprehensible. The rewrite also introduced graphic
representations, tables, photographs, and illustrations to better depict complex regulations.
During the first year that the new Title 25 was in use, staff and other users of the code
identified 21 areas in which the code, which is 280 pages long, had errors or omissions.
For the most part, these consist of requirements that were in the old code, but that did not
get carried over into the new, restructured code. There are also instances where new State
of California regulations were not correctly inserted into the new code, and where "gaps"
that had been identified in the old code were not filled in the new code, as had been
Ordinance No. 1279
Staff Report
Page 2 of 2
January 22, 2015
intended. None of the 21 proposed modifications involve changes in policy or in the way in
which the City of Palm Desert has traditionally processed development applications. The
proposed modifications are best described as corrections or housekeeping changes.
Environmental Review
According to the California Environmental Quality Act (CEQA), staff must determine
whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA,
staff must conduct a preliminary assessment of the project to determine whether the project
is exempt from CEQA review. If a project is not exempt, further environmental review is
necessary. Further review from a non-exempt project would result in a Negative
Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR).
Generally, an EIR must be prepared if a project may have a significant impact on the
environment.
In this case, staff has determined that the proposed changes to the Zoning Ordinance are
not a project subject to CEQA because the adoption the proposed modifications will not
result in a direct or indirect physical change in the environment.
Fiscal Impact
There is no fiscal impact to the City associated with the proposed Zoning Ordinance
modifications attached to this staff report.
Submitted By:
7�
>� Tony Bagato, Principal Planner
Department Head:
��au`ri Director of Comm unit Development
n M. Wohlmuth, City Manager
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ORDINANCE NO. 1279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING AMENDMENTS TO THE PALM DESERT
MUNICIPAL CODE TITLE 25
NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm
Desert, California, that the following sections of the Palm Desert Municipal Code are hereby
amended as follows:
SECTION 1: Table 25.10-1 in Section 25.10.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Residential Zoning District
(P=Permitted; A=Administrative Use Permit;
L=Large Family Day Care Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
RE
R-1
R-2
R-3
R-1 M
HPR
PR
Residential Uses'
Dwelling, duplex
N
N
P
P
N
N
NP
Dwelling, multifamily
N
N
P
P
N
N
NP
25.10.040.A
Dwelling, single-family
P
P
P
N
N
P
NP
Group home
P
P
P
N
N
P
NP
25.10.040.E
Agriculture -Related Uses
Domestic Animais
Retail, Service, and Office Uses
Hotel
N
N
N
C
N
N
25.10.040.J
Resort hotel
N
N
N
N
N
C
25.10.040.J
SECTION 2: That Section 25.10.040(F) and (J) of Palm Desert Municipal Code is
hereby amended to read as follows:
F. Large family day care. Large family day care facilities require the issuance of a large
family day care use permit in accordance with {Section 25.64.020_`
1 n� nest.
ORDINANCE NO. 1279
J. Hotel and resort hotel. In the R-3 zoning district, tThese uses are permitted up to a
maximum of 18 units per gross acre with the issuance of a conditional use permit. In the
PR zoning district, the maximum density shall be approved by the Commission and
Council.
SECTION 3: That Section 25.10.050(A)(4) of Palm Desert Municipal Code is hereby
amended to read as follows:
ORDINANCE NO. 1279
4. Exception. The standards of subsections A.1 through A.3 of this section shall be
required unless modified by the one of the following:
•i. Precise Plan. The tandards of su bsontions A 1 through A.3 of this con+inn
shah be --required unless- modified by the PFesiSe pla of desig„The
Commission and Council may approve a precise plan of design through a
public hearing process that modifies the standards in subsections A.1 through
A.3. Said precise plan shall take, taki44g into consideration any and all
circumstances, including, but not limited to, viewshed, topography, color,
texture, and profile of any structure that the Commission or Council may
determine to be in conformity with the purposes set forth in this section.
•ii. Previously approved existing building pads. If a property owner can
demonstrate that a previous building pad was approved by the City or County
before incorporation, a home and accessory structures, may be built on a
previously approved existing building pad without a public hearing. The
building size shall be limited to 35 percent of the lot, which may be increased
up to 50 percent with ARC approval. Enlarging a previously approved existing
building pad shall require a new public hearing subject to the provisions of
this chapter.
SECTION 4: That Section 25.10.050(B)(19) and (B)(20) of Palm Desert Municipal
Code is hereby amended to read as follows:
19. Deveiopment standards within the PR districts may be modified through the precise
plan process as specified in Section 25.72.030
20. Approval criteria. The Commission and/or 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 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. All development within the PR
district shall comply with the development plan as approved and adopted by the
Council.
SECTION 5: Table 25.10-3: Residential Zoning District Development Standards is
hereby amended as shown in Exhibit "A".
ORDINANCE NO. 1279
SECTION 6: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to modify the following
rows in the Use Matrix for Residential Districts. Table 25.16-1: Use Matrix for Commercial and
Industrial Districts
CommerciallIndustrial District
(P=Permitted; A=Administrative Use Permit;
C=Conditional Use Permit; N=Not Permitted)
Special Use
Provisions
OP
C-1
PC-1
PC-2
PC-3
PC-4
SI
PI
Retail, Service, and Office Uses
Medical, office
P
P
P
P
P
N
Np2
N
Office, professional
P
P
N
P
P
P
P�
N
Personal services
N
P
N
N
NP
P
N
N
n uwn nIar ua PUIIIIRI GW YYIIII all l UIIIIIIIJlIalIV6 V06 vullllll Vul Illay Ua aluvalau IV a t�VIIVnfullat VSG
Permit at the discretion of the ZA based on: parking, traffic, or other impacts.
2 Medical office and Professional office uses are allowed in Service Industrial zones for properties that have provided
4 parking spaces per 1.000 of office use
SECTION 7: That Section 25.34.020(G)(7) of Palm Desert Municipal Code is hereby
amended to read as follows:
7. The home -based business shall not involve the use of commercial vehicles
exceeding the manufacturer's gross vehicle weight rating of 10,000 pounds or more,
except for delivery of materials to or from the premises.
SECTION 8: Table 25.46-1: (Parking Schedule) of the Palm Desert Municipal Code is
hereby amended as modified in the following rows:
Use
Minimum Stalls Required
Residential Uses
Cluster housing
Two and more bedrooms
2:5 per unit
Retail, Service, and Office Uses
Hotels
14 per guest unit3
SECTION 9: Table 25.56-2: (Signs Allowed in Commercial and Industrial Zoning
Districts) is hereby amended as modified in the following rows:
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
Types
Max.
Number
of Signs
Max. Sign
Area
Max.
Sign
Height
Sign
Location
Lighting
Allowed
Additional
Requirements
Building -Mounted Signage
1a. Business
identification
sign
Up to 50 ft. of
building
frontage
Flush-
mounted
or
projecting
Building-
mounted
wall sign
One per
p
building
frontage
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
1 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
Within 100 ft.
of public ROW
lineal foot of
building
frontage
sign is not in
harmony with the
design of the
Max. sign
building.
area 50 sq. ft.
1.5 sq. ft. of
Max sign area
may decrease if
sign area per
the size of the
More than 100
lineal foot of
sign is not in
ft. from public
building
harmony with the
ROW
frontage
design of the
Max. sign
buildin .
area 75 sq. ft.
1b. Business
identification
sign
50-100 ft. of
building
frontage
Flush-�
mount
or
projecting
building-
mounted
wall sign
One per
building
frontage
€
aad
Below
eave line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of-
way from
which its
area is
determined
Yes
Section
25.56.080.A
fwlisgs WP to
40046
50 sq, ft. of
Max sign area
gjgn area for
first 50 ft. of
frontei7e: and
may decrease if
0.5 sa ft. of
the size of the
Within 100 ft.
of public ROW
sisrn area for
sign is not in
each lineal ft
harmony with the
of buildino
design of the
frontaoe�n to
building.
100 ft,
Max sign area
75 sq. ft.
ORDINANCE NO. 1279
Sign Class
Allowed
Sign
T es
Max.
Number
of Si ns
Max. Sign
Area
Max.
Sign
Height
Sign
Location
Lighting
Allowed
Additional
Requirements
75 sq. ft. of
sign area for
first 50 ft. of
frontage; and
Max sign area
may decrease if
0.5 sq. ft. of
the size of the
More than 100
sign area for
sign is not in
ft. from public
each lineal ft.
harmony with the
ROW
of building
design of the
frontage up to
buildin .
100 ft.
Max. sign
area 100
s .ft.
1c. Business
identification
sign
More than 100
ft. of frontage
Flush-
mounted
or
projecting
building-
mounted
wall sign
One per
building
frontage
75—sq. ft. of
fo
Below
of line
of
building
and not
higher
than 20
ft.
Sign shall be
located
adjacent to
the right -of -from
way from
which its
area is
determined
Yes
Section
25.56.080.A
0.25 ft.
sq. 9
sign arm
er
eaGh lineal #.
of bubldiRg
ffentagen
eXGessof80
ft:
4-00 75 sq. ft.
of sign area
Within 100 ft.
of public ROW
for first 100 ft.
of frontage;
and 0.25 sq.
a
a of sign
area for each
lineal ft. of
building
frontage in
ARC
approval
required
Max sign area
may decrease if
the size of the
signis not in
harmony with the
design of the
building.
excess of 100
ft.
100 sq. ft. of
sin area for
first 100 ft. of
frontage: and
More than 100
ft. from public
ROW
ARC
approval
required
Max sign area
0.25 sg. ft. of
may decrease if
sign area for
the size of the
each lineal ft.
sign is not in
of building
frontage in
harmony with the
design of the
excess of 100
ft �A"xsign
area
building.
as
approved bY
ARG
SECTION 10: 25.60.060(C)(3) Public Hearing and Public Notice of Palm Desert
Municipal Code is hereby amended to read as follows:
3. Appeal. A ZA determination may be appealed to the Commission for a final
determination according to Section 25.60.080.
ORDINANCE NO. 1279
SECTION 11: Table 25.60-1: in Section 25.60.070 (Approving Authority for Land Use
Permits/Entitlements) of the Palm Desert Municipal Code is hereby amended as modified in the
following rows:
Type of Entitlement, Permit, or
Decision
ZA
Director
ARC
PC
Cc
Certificates of use and occupancy
F
A
A
Temporary use permits
F
A
A
Home -based business permits
F
A
A
Large family day care use permits
F
A
AF
ARR
Adjustments
F
A
AF
ARR
Administrative use permits
F
A
AF
ARR
Reasonable accommodation
F
A
AF
ARR
Design reviews
R
F
A
Sign design review
R
F
A
Zoning decision
F
A
A
Use determinations
R
F
A
Precise plans
R
R'-
F
A
Development plans
R
RI
F
A
Conditional use permits
R
R'-
F
A
Condominium conversion permits
R
F
A
Variances
R
R'
F
A
Planned community developments
R
R'-
R
F
Amendments —zoning ordinance
R
R
F
Amendments —zoning map
R
R
F
Prezoning for annexed areas
R
R
F
Development agreements
R
R
F
General Plan updates
R
R
F
Director --Director of Community Development, ZA=Zoning Administrator, ARC=Architectural Review
Commission, PC=Planning Commission, CC=City Council, R=Review Body, F=Final Decision (unless
appealed), and A=Appeal Body, and RR=Request Review only.
Footnotes:
1. A final determination is made by the ARC for design -related varianGes-decisions as specified in Chapter 25.68
(Decisions by the Architectural Review Commission)
SECTION 12: 25.60.080 is hereby amended to add the following language:
25.60.080 Appeals and Request for Review
G. Review by Council. The Council retains ultimate iurisdication and authority to
determine whether any approval, denial or other decision rendered by the ZA,
Director, ARC, or the Commission is consistent with the goal and policies
established by the City and the requirements of this title. Any member of the
Council may call up for review any approval, denial or other decision made
pursuant to this title by delievery to the Director a request for review within 15
calendar days of the date of the decision, which will identify the decision to be
reviewed and may. but is not required to. SDecifv the concerns of the
councilperson with respect to the decision.
ORDINANCE NO. 1279
H. Request for review is not an appeal. The Council request for review shall not
constitute an appeal. A request for review is an indication only that a
councilperson considers the decision important enough to warrant review by the
Council to ensure the decision is consistent with the goals and policies
established by the City and the requirements of this title. The councilperson
request for review need not take a position in favor or against the decision, and a
request for review shall not be construed to be an indication of approval or
disapproval of the decision. The filing of a request for review shall suspend any
permit issued pursuant to the ruling of the ZA, Director, ARC, or the Commission
until the request for review has been decided.
SECTION 13: 25.62.020(A) Nonconforming Lots, Buildings, and Uses in Residential
Zones is hereby amended as follows:
A. All nonconforming uses within any 'single farnII!- residential zone shall be terminated
or made to conform within 5 years after the adoption of any new zoning regulations.
SECTION 14: 25.62.030(A) and (E) Nonconforming Lots, Buildings, and Uses in
Nonresidential Zones is hereby amended as follows:
A. Nonconforming lots. A nonconforming lot may be developed if it has been legally
created and construction proposed is conforming_
E. Change in status of nonconforming use. If a nonconforming use is discontinued
for a period of months or is succeeded by another and conforming use, it is
evidence that the nonconforming use has ended and any vested right to the
continuance of such use is terminated.
SECTION 15: 25.62.080 Conforming Process for Legal Nonconforming Residential Uses
in Residential Zones and Office Professional Zones is hereby amended as follows:
Legal nonconforming residential uses in R 1, R 2, R ,residential zones and OP zones
may apply for legal conforming status if they are brought into substantial compliance with
present design quality standards. The ARC shall receive and review applications for conforming
status. As part of its review the ARC may require significant upgrading and rehabilitation of the
existing facility consistent with the constraints of the original site plan. Reduction in the project
dwelling unit total will only be considered if it is required to protect public health and safety. If a
rehabilitation plan is approved by the ARC, required work must occur within one year. Once the
plan has been satisfactorily completed, a certificate of conforming status will be issued.
Certificates of conformance include a requirement that the project be maintained substantially in
the condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property
could result in revocation of conforming status. Decisions of the ARC may be appealed to the
Council.
SECTION 16: 25.64.020(B)(5) Large Family Day Care Use Permits is hereby amended
as follows:
5. In addition to submission of a completed application form an�'�ppli^a*�fee -as
provided by this chapter, the applicant shall submit the following documentation:
ORDINANCE NO. 1279
SECTION 17: 25.64.020(C) Large Family Day Care Use Permits, Application Fee is
hereby removed and the number/letter value of 25.64.020 (C) will be replaced with the current
25.64.020(D) "Notice to property owners":
C.
peRnit presess.
SECTION 18: 25.64.020(E) Large Family Day Care Use Permits, "Appeal of decision"
(current 25.64.020(F)) is hereby amended to read as follows:
E. Appeal of decision. The applicant or other affected person may appeal the decision to
grant or deny an application for a use permit pursuant to this chapter to the Commission.
The Commission's decision shall be final unless the matter is called up for review by the
Council within 15 days of the Commission's decision. The appellant shall pay
the City's costs, if any, of processing and conducting the appeal. The amount of such
costs shall be estimated in advance by the ZA or his or her designee and the appellant
shall deposit said amount with the City before the City will process the request for an
appeal. If at the end of the appeal the City's actual costs were less than the estimate,
then the City shall refund the unused portion of the deposit to the appellant. In the event
that the City's costs exceeded the amount of the deposit, then the appellant shall pay the
amount of the difference to the City.
SECTION 19: 25.64.020 Large Family Day Care Use Permits is hereby amended to add
the following language:
•H. New applications. Following the denial of a large family day care use permit application
or the revocation of a large family day care permit, no application for a large family day
care use permit for the same or substantially the same business on the same or
substantially the same site shall be filed within one year from the date of denial or
revocation of the large family day care use permit.
SECTION 20: 25.78.020(B)(2) and(B)(3) Hillside Development Plan is hereby amended
as follows:
2. Notice. All development of parcels within the Hillside Planned Residential Zoning
District that do not meet the exceptions reauirement as described in 25.10.050
shall require notice of a public hearing not less than 10 days or more than 30
days prior to the date of the hearing by publication in the newspaper of general
circulation in the city and mailing notices via United States Postal Service to
parties whose name appear on the latest adopted tax rolls of Riverside County
as owning property within 4,000 feet of the exterior boundaries of the property
that is the subject of the hearing, and by notification to all homeowners
associations within the city south of Haystack Road.
3. The ARC shall hold a public hearing on such application and sons+der a -make a
recommendation to the Commission to approve the design of the development
ORDINANCE NO. 1219
SECTION 21: Chapter 25.99 Definitions is hereby amended to add the following
language:
Domestic animal. Means any domesticated animal or household pet that is not sold for
commercial purposes and that is commonly maintained in a dwelling unit.
Lot coverage. The percentage of a lot covered by the total square footage of the main
building, garage, and/or any accessory buildings that are larger than 150 square feet.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held on the _ day of by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Marie Weber, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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