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HomeMy WebLinkAbout17A Ord 1280 ZOA 14-421 - PDMC sec 25.40.080 Fences and WallsCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: CONSIDERATION OF A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH ARCHITECTURAL MERIT AND COMPATIBILITY WITH THE HOME SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 14-421 DATE: March 26, 2015 CONTENTS: Ordinance No. 128Q Exhibit A - Section 25.40.080 Fences and Walls Planning Commission Resolution No. 2644 Planning Commission Meeting Minutes, dated February 3, 2015 Architectural Review Commission Notice of Action January 13, 2015 Desert Sun Legal Notice Recommendation Waive further reading and pass Ordinance No. 1280 to second reading, approving Zoning Ordinance Amendment 14-421 amending Palm Desert Municipal Code Section 25.40.080 — Fences and Walls. Executive Summary The City Council considered proposed changes to Palm Desert Municipal Code (P.D.M.C.) Section 25.40.080 "Fences and Walls" at their meeting on February 26, 2015. At said meeting the City Council continued the request to their meeting on March 26, 2015, and directed staff to reconsider exceptions for wood and vinyl fences that have architectural merit and are compatible with the home's architectural style. Staff has updated language in the zoning ordinance amendment for such exceptions to be considered by the City's Architectural Review Commission. If approved by the City Council, the zoning ordinance amendment would allow for the ongoing maintenance and repair of existing nonconforming fences and walls, and allow the City's Architectural Review Commission to approve Staff Report ZOA 14-421: Fences and Walls Page 2 of 4 March 26, 2015 exceptions for alternative fence materials that have architectural merit and are compatible with the home's architecture. Architectural Review Commission The City's Architectural Review Commission (ARC) reviewed the proposed ordinance amendment at their meeting on January 13, 2015. Although the Commission expressed a desire to see an outright prohibition of wood fences, they acknowledged that the new language represents an improvement in maintaining existing nonconforming fences without requiring full compliance with current standards. The Commission agreed that the new language clearly addressed maintenance issues of nonconforming fences and walls, and recommended approval of the changes to the Planning Commission and City Council. Planninq Commission Action On February 3, 2015, the proposed zoning ordinance amendment was presented to the City's Planning Commission. Staff presented the amendment and answered several questions from Commissioners. The Commissioners discussed problems with current maintenance standards for existing nonconforming fences, and agreed that the new provisions would help homeowners maintain the aesthetics of existing nonconforming fences while also improving the City's ability for enforcement. After the discussion, the Planning Commission unanimously recommended approval of the proposed changes to the fences and walls ordinance. Background In June 2014, the City Council, after hearing two (2) appeals for wood fence exceptions, directed Planning staff to establish a committee to review the City's fence and wall provisions. The Committee, which consists of two (2) Architectural Review Commissioners, one (1) Planning Commissioner, two (2) City Councilmembers, a homeowners' association manager, and one (1) member who specializes in fence materials, discussed the ordinance provisions at their meetings in September and November. Based on those meetings, staff modified the ordinance to better address the maintenance of existing nonconforming fences and clearly prohibit material exceptions from being considered by the ARC. Zoning Ordinance Amendment Description P.D.M.C. Section 25.40.080 - Fences and Walls - contains provisions related to residential walls and fences including provisions for fence materials, location, height, and design standards. The code section is broken into six (6) subsections. Subsection D. "Maintenance of nonconforming fences" addresses normal maintenance of existing nonconforming fences. Currently, this subsection allows normal maintenance and minor repairs to existing wood fences to preserve a quality appearance. The subsection also requires property owners to bring their fence or wall up to current standards if major structural repairs or replacement of the fence is required. Staff has modified this subsection GAPlanning\Eric Ceja\Case Files\ZOA\ZOA 14A21 Fences and Walls\ZOA 14-421 - CC Staff Report.2.docx Staff Report ZOA 14-421: Fences and Walls Page 3 of 4 March 26, 2015 to replace ambiguous language related to "major structural repairs" and insert language to better address maintenance and preservation of existing nonconforming fences. Subsection E. "Exceptions procedures" lists specific criteria for when a property owner may apply to the City's ARC for an exception from any wall or fence provision. This subsection remains largely intact; however, at City Council's request, staff is proposing new language that would allow the City's ARC to consider exceptions to fence materials that have architectural merit and are compatible with the home's architecture. Analysis The proposed changes to the Fence and Wall Ordinance were reviewed by the City's Fences and Walls Committee. The Committee, upon much deliberation and debate, recommended approval of the ordinance changes as proposed. As discussed, the new language allows property owners with existing nonconforming fence materials to maintain their fences in good condition, at the same location, and with a similar design. Property owners would, therefore, be allowed to maintain their nonconforming fence in perpetuity until they choose to replace the material. This new language was a compromise for existing property owners who may not be able to afford a new compliant block wall, but will allow City Code Compliance staff to better address maintenance of existing wood fences. Staff also removed the existing language related to "major structural repairs" as there is no clear definition of what a major structural repair is. Staffs interpretation of "major structural repairs" has been to allow owners to replace up to 50% of their nonconforming fence; however, this interpretation has not achieved consistently satisfactory results. New language inserted in the ordinance allows staff to approve replacement of nonconforming fence materials, at the same location, and with the same design without having the property owner go through the expense to bring their fence into compliance. On February 26, 2015, the City Council held a public hearing to consider the proposed changes to the ordinance. At said meeting, staff presented an ordinance amendment that prohibited exceptions for nonconforming fence materials including wood and vinyl fences. The City Council continued the ordinance to their meeting on March 26, 2015, and directed staff to reconsider allowing exceptions for fences and walls that have architectural merit. Staff has complied with Council's request and has made changes to the ordinance that allow the City's Architectural Review Commission to review proposal for nonconforming fence materials that have architectural merit and are compatible with the home's architecture. 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 G:\Planning\Enc Ceja\Case Files\ZOA\ZOA 14-421 Fences and Walls\ZOA 14A21 - CC Staff Report.2.docx Staff Report ZOA 14-421: Fences and Walls Page 4of4 March 26, 2015 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 ZOA is categorically exempt from CEQA review because the proposed amendment establishes the regulation of fences and walls. The construction of such structures is listed as a Class 3 (15303) Categorical Exemption under CEQA. Fiscal Impact There is no fiscal impact to the City associated with adoption of the proposed Zoning Ordinance Amendment 14-421. Submitted By: I. -, �- - 4 �:- Eric Ceja, Ass late Planner Department Head: Lauri Aylaian, Director of Community D�lopment GAPlanninq\Enc Ceja\Case Fi1es\Z0A\Z0A 14-421 Fences and Walls\ZOA 14-421 - CC Staff Report2.docx ORDINANCE NO. 1280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO ALLOW THE ARCHITECTURAL REVIEW COMMISSION TO APPROVE EXCEPTIONS FOR NONCONFORMING FENCE MATERIALS WITH ARCHITECTURAL MERIT AND COMPATIBILITY WITH THE HOME CASE NO: ZOA 14-421 WHEREAS, the City Council directed staff to establish a committee, inclusive of two (2) City Councilmembers, one (1) Planning Commissioner, two (Architectural Review Commissioners) and two (2) members from the public, to review the City's Fences and Walls Ordinance and to bring recommended changes back to the City Council for further review. WHEREAS, the Fences and Walls Committee was formed and met twice to discuss potential amendments to the ordinance related to nonconforming fence materials and enforcement standards. During those meetings the Committee discussed allowing existing nonconforming fences to remain in place subject to ongoing maintenance and to strengthen the Ordinance to prohibit exceptions for nonconforming fence materials; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did review the recommended changes to the ordinance at their meeting on January 13, 2015, and voted unanimously to recommend approval of the changes to the Planning Commission and City Council; and WHEREAS, Planning Commission of the City of Palm Desert, California, did review the recommended changes to the ordinance on the P day of February, 2015, and held a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted, and recommended that the City Council approve the zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, in that the Director of Community Development has determined that the proposed action qualifies as a Class 3 categorical exemption under CEQA, and is not subject to further environmental review. WHEREAS, on the 261h day of February, 2015, the City Council held a duly noticed public hearing to consider the changes to the ordinance, and at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, the City Council continued the ordinance to March 26, ORDINANCE NO. 1280 2015, and directed staff to reconsider allowing exceptions for fence materials with architectural merit; and WHEREAS, the City Council did reconsider the ordinance at their meeting on March 26, 2015, and did find the following facts and reasons to exist to justify approval of the zoning ordinance amendment: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Zoning Ordinance Amendment 14- 421 as proposed. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 26th day of March, 2015, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Susan Marie Weber, Mayor G:\Planning\Eric Ceja\Case Files\ZOA\ZOA 14421 Fences and Walls\ZOA 14421-CC Ord.2.docx 2 ORDINANCE NO. 1280 EXHIBIT A SECTION 1: That Section 25.40.080(D) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: D. Maintenance of nonconforming fences. 1. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted, or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this ordinance. 2. Existing nonconforming fences shall be maintained in good condition and in accordance with Chapter 8.70.060 of the Property Maintenance Ordinance. SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: E. Exceptions procedures. 1. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i. That unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. Exceptions for nonconforming materials, including wood and vinyl fences, shall be based on architectural merit and compatibility with the home's architectural style. G:\Planning\Eric Ceja\Case Fi1es\Z0A\ZOA 14-421 Fences and Walls\ZOA 14-421-CC Ord.2.docx 3 Exhibit A SECTION 1: That Section 25.40.080(D) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: D. Maintenance of nonconforming fences. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. "a�StFUGtUral--repairser FeplaGemeRt shall be regUiFed tG GeRfeFm to bvie-above IGGatien and material standaFd . All repair and replacement of fence material shall be trt ;, �:ainted, or finished so that the newer portions of the fence are in shable from the existing fence. Changes in fence design or materi qr'pe a of considered repair and shall be required to conform to the lotion andal standards listed in subsection C of this ordinance.` 2. Existing nonconforming fences sl � be maintE n, d in good c ion and in accordance with Chapter 8.70.060 of the Pro ne1 Maintenance Ofidinance. SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: E. Exceptions procedures. 1. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i. That unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. Excep <ns fqr nonconforming materials, including wood and vinyl fences, shall bersed on architectural merit and compatibility with the home's architectural style. PLANNING COMMISSION RESOLUTION NO. 2644 URN A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO PROHIBIT NONCONFORMING FENCE MATERIALS FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE CASE NO: ZOA 14-421 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of February, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council established a Fence Walls Committee to review the City's Fence and Walls Ordinance and to recommend changes regarding the use of specific materials and the maintenance of nonconforming materials; and WHEREAS, the City's Architectural Review Commission (ARC) did review the recommended ordinance changes at their meeting on January 13, 2015, and unanimously approved the recommended changes to the Planning Commission; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project is exempt from CEQA review as the construction of such structures is listed as a Class 3 (15303) Categorical Exemption under CEQA. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 14-421 as proposed. PLANNING COMMISSION RESOLUTION NO. 2644 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 3rd day of February 2015, by the following vote, to wit: .d AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE KEN STENDELL. CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION ad No G Plarru,g%Mon y ORed1y%Planrirg Comm.ss,on 2015'Resoiuhoni Res No 2644 ZOA 14-421 fences 6 Wads docx 2 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 season, and no requirement for van transportation from the church/school to the day care center. The resolution will be taken back to the Council on February 12. Commissioner Campbell asked if the children will be crossed in the middle of the street. Ms. Aylaian replied yes. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 20, 2015. Rec: By Minute Motion, approve as presented. . Upon a motion by Commissioner Campbell, second by Commissioner Dash, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None•, IX. PUBLIC HEARINGS A. REQUEST FOR.CONSIDERATION of a recommendation to the City Council to approve a zoning ordinance amendment (ZOA) to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Case No. ZOA 14-421 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, stated that after the City Council heard two appeals for wood fence exceptions, they directed staff to form a committee to review the fence and wall ordinance. The committee was formed, and they discussed the ordinance provisions at two meetings. He noted that the ordinance pertaining to fences and walls was changed approximately two decades ago to prohibit wood fences that are visible from public streets. Wood material was prohibited because it was determined that wood deteriorates quicker than other 2 G 1Pianningftonica GReUlyWianning Commission120151Minutes12 3-15 m n tlocx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 materials due to the sun, heat, and over spray from landscape irrigation. He stated that the current code reads that existing nonconforming fences can be repaired, unless it is a major structural repair. He said that the code has been interpreted as allowing homeowners to repair up to 50 percent of the existing nonconforming fence, which has not resulted in a desirable outcome. He displayed photos of fences to show as examples. Mr. Ceja stated that the committee decided to strike that language from the ordinance, and add new language that would allow homeowners to replace existing fences as long as the new and old materials match. The committee added other language to reinforce the prohibition on wood fences by stating that changes in.design or material type would now have to conform to the existing ordinance that calls for block walls. In addition, new language was added to reinforce that' existing wood fences must be maintained according to the property maintenance ordinance. He noted that the committee asked for an exception for materials, including wood, to not be allowed for review when visible from the public right-of-way:' Mr.. Ceja stated that the ARC reviewed the proposed ordinance amendment, and ttiey, prefer to see an outright prohibition on wood fences. However, the ARC understood the committee's concern with financial hardship for property owners, and recommended approval of the proposed "changes. He offered to answer any questions. Commissioner Dash referred -to the . provision that :states a property owner be allowed to maintain their nonconforming fence in perpetuity until they choose to replace the material. He asked if this appllesonly to the current owner, or is it transferred to the new. owner. Will the new ow ner**have to bring the fence into compliance?, Mr. Ceja responded that.the existing wood fence, regardless of a property transfer, would-be allowed to -remain in perpetuity as long as it is maintained in accordance with the property maintenance ordinance. Comm issioner'DeLuna asked if a fence is 50 percent in a state of disrepair, can the code require: the propoity owner to maintain and repair the fence. Does the City have the authority? If a -code officer drives by a property that has a fence in disrepair, can the officer give the property owner a citation to either replace the existing wood fence or install a conforming fence material? Is that how the ordinance will read? Mr. Ceja replied that is correct. Commissioner DeLuna referred to a condominium project that was recently approved on Shadow Mountain Drive. She inquired about the City having the ability to add a condition on a project to have a block wall instead of a wood fence. Ms. Aylaian responded that the condominium project, if a block wall was not being proposed, would require a discretionary approval by the Planning 3 G 1PianninglMon,ca 0Red•yXP1ann,ng COmmissiOn1201SWnules\2.3-15 min dou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Commission. Therefore, the Planning Commission would be able to impose conditions on a project. Mr. Tony Bagato, Principal Planner, added that there would need to be a valid nexus to say that there would be a need for a block wall versus a wood fence to make that determination. He stated that if there is no valid concern, the City cannot force a block wall to be installed. After a brief discussion on adding a condition for a block wall, Ms. Aylaian commented that staff would consult with the City Attorney to make sure an added condition would withstand scrutiny. Commissioner DeLuna reaffirmed that it is possible to add -,a condition. Ms. Aylaian replied yes. Vice Chair John Greenwood asked when a block wall goes before,the ARC, is it handled mostly at staff level? What aro`the requirements in terms of aesthetics? Mr. Ceja explained that the.. property owner, will visit the Planning Department, and let staff know that they are , rtterested in repairing or replacing their wood fence. Staff will first check if. it Is not; visible from.. the street, if not, staff will approve it. However if the fence is visibleVfrom the sheet, staff will let the property owner know that the material is prohibited 'and they would need a block wall with a gate. Vice Chair.: Greenwood 'clarified that: before the Planning Commission is a nonconforming revision to,the zoning ordinance. Mr. Ceja . replied -that is correct: He stated that the ordinance changes deal specifically with nonconforming fences, which it is an attempt to address wood fences in the community. Commissioner DeLuna asked who decides when a fence is in a state of disrepair, and the property owner is required to repair or replace the fence. Mr. Ceja , responded that typically it would be the Code Department while canvassing the community. Commissioner DeLuna inquired what type of material is used for a gate, if there is a block wall. Mr. Ceja replied that wrought iron gates are allowed. A well designed gate will also be allowed. Commissioner Campbell asked why a gate would be required if they have a block wall. 4 G kPlanningWon,ca ORedIylPlann,ng Commisei0nQ0151Mrw1esl2-3 15 min Oocx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Mr. Ceja replied that they are not required to add a gate. He stated that only in situations where the property owner has an existing gate to access their side yard. Commissioner Campbell asked if it is not mandatory to have a gate. Mr. Ceja said that they need one for fire access and only one is needed. Chair Stendell asked when a six-foot fence repair requires a permit. He pointed to one of the fences displayed in the photos, and also; asked when a property owner would come in to see the Planning Department fQr a fence repair. Mr. Ceja responded that the property owner would only, come in on their own choosing if they want to replace the fence themselves, or if they were cited by the Code Department. Chair Stendell asked how you make :a: property owner accountable to see the Planning Department to repair or replace a fence. Mr. Ceja answered that the. City would ''have to rely heavily on the Code Compliance Department to flag: property owners, and have them talk to the Planning Department. Vice Chair Greenwood;_commentgq that there was, a representative from Lowe's on the committee: �He_asked if there. was discussion on educating retail staff so they can make.the customer aware of"the process in place. Mr. Ceja responded that there is educational material that could be given to the retailers. He mentioned that Maff,:ran,into'a similar issue with paint color changes on homes..Staff canvassed paintcontri ctors with notices, as well as paint supply businesses in the community. Vice Chair Greenwood asked if staff will send out material pertaining to the fences and walls. Mr. Ceja replied yes, if the amendment to the zoning ordinance is approved. Chair Stendell declared the public hearing omen and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Stendell declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve recommending to the City Council a ZOA to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Motion was seconded by Commissioner Campbell 5 G 1PlannirglMon,ca OReiay%Piannirg Commiss,on12015W,nu1es%2.3.15 min oou PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2644, approving ZOA 14-421. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None C. GENERAL PLAN UPDATE Vice Chair Greenwood. reported that the:General Plan Update Technical Working Group met onK'Fi-iday, January 23,.`and the consultant provided another great presentatiori. - He stated that the community workshop scheduled for February 5 has been postponed. Ms:..Aylaian, announced that the new date is Thursday, March 5; 3:30 to 5:30 p.in 'afthe Desert Willow Clubhouse. Commissioner DeLuna stated that she regrets there is a conflict with her schedule. She will-- be attending the League of California Cities Planning Commissioners' Academy, and she will not be able to attend the next General Plan Update community workshop. XII. COMMENTS Vice Chair Greenwood commented that he likes the aesthetic of block walls. However, he lives in a neighborhood that was built in the 80's in Palm Desert, and it has predominately wood fences. He stated that he appreciates the hard work that went into the fences and walls ordinance amendment. Chair Stendell mentioned that the committee had a representative from the Palm Desert Country Club Homeowners' Association, which is another community with 6 G �PlannrPgWonica ORedlylPlanning Commissron12015Mnutes12-3-15 mm Docx � C I I y Of pl[ 11-1 0 ESE9i 73-5 to FREn WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TBL: 760 346-o6 it infiicefcitynfpalmdesert.urg January 15, 2015 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: ZOA 14-421 APPLICANT AND ADDRESS: CITY OF PALM DESERT, 73-510 Fred Waring Drive, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a zoning ordinance amendment to Section 25.40.080 Fences and Walls. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval. Date of Action: January 13, 2015 Vote: Motion carried 8-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to the Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 14-421 NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING SECTIONS OF THE PALM DESERT MUNICIPAL CODE SECTION 25.40.080 FENCES AND WALLS TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NON -CONFORMING FENCES AND TO INCLUDE LANGUAGE PROHIBITING NON -CONFORMING FENCES FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that the proposed Code Amendment is categorically exempt under Article 19 Section 15303 "New Construction or Conversion of Small Structures" (Class 3) of the CEQA, which specifically exempts accessory structures including fences, and therefore no further environmental review is necessary. Project Location/ Description: Project Location: City-wide Code Amendment: Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" is being amended tc provide clarification to subsections D and E regarding maintenance of existing non -conforming fence materials and City's Architectural Review Commission's exception procedure. The proposed code amendment affects the following subsection of Section 25.40.080 and would read as follows: 25.40.080 Fences and Walls D. Maintenance of nonconforming fences. 1. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this ordinance. 2. Existing non -conforming fences shall be maintained in good condition and in accordance with Chapter 8.70.060 of the Property Maintenance Ordinance. E. Exceptions procedures. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i. That unusual circumstance exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. There are no exceptions for new non -conforming materials including vinyl and wood fences. Existing non -conforming fence materials shall conform to subsection D of this ordinance. 2. If the property is within a gated community with a homeowners association with a bona fide architectural review process and the applicant obtains approval from that architectural review body, the City's architectural review process may be waived. Recommendation: Staff is recommending approval of the Zoning Ordinance Amendment Planning Commission: The Palm Desert Planning Commission considered the Zoning Ordinance Amendment at their meeting on February 3, 2015, and recommended that the City Council approve the changes as presented. Public Hearing: The public hearing will be held before the City Council on February 26, 2015, at 4:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from February 15, 2015 to February 26, 2015. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK February 15, 2015 CITY OF PALM DESERT, CALIFORNIA 2 CITY OF PALM DU DEPARTMENT OF COMMUNITY STAFF REPORT D READING REQUEST: CONSIDERATION OF A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO PROHIBIT NONCONFORMING FENCE MATERIALS FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE SUBMITTED BY: Eric Ceja, Associate Planner APPLICANT: City of Palm Desert CASE NO: ZOA 14-421 DATE: February 26, 2015 CONTENTS: Ordinance No. 1280 , Exhibit A - Section 25.40.080 Fences and Walls Planning Commission Resolution No. 2644 Planning Commission Meeting Minutes, dated February 3, 2015 Architectural Review Commission Notice of Action January 13, 2015 Desert Sun Legal Notice Recommendation Waive further reading and pass Ordinance No. 1280 to second reading, approving Zoning Ordinance Amendment 14-421 amending Palm Desert Municipal Code Section 25.40.080 — Fences and Walls. Executive Summary The City Council directed staff to form a Fence and Wall Committee to review the City's Fence and Wall Ordinance. The Committee reviewed the ordinance and is recommending changes to the City Council to better address existing nonconforming fences. If approved by the City Council, the zoning ordinance amendment would amend Palm Desert Municipal Code (P.D.M.C.) Section 25.40.080 "Fences and Walls" to allow for the ongoing maintenance and repair of existing nonconforming fences and walls, and would prohibit new exceptions for alternative fence materials to be considered by the City's Architectural Review Commission. This change would improve the condition of wood and vinyl fences in the city, without requiring that they be replaced entirely with block walls, which would be cost prohibitive to many property owners. Ordinance No. 1280 Staff Report ZOA 14-421: Fences and Walls Page 2 of 4 February 26, 2015 Architectural Review Commission The City's Architectural Review Commission (ARC) reviewed the proposed ordinance amendment at their meeting on January 13, 2015. Although the Commission expressed a desire to see an outright prohibition of wood fences, they acknowledged that the new language represents an improvement in maintaining existing nonconforming fences without requiring full compliance with current standards. The Commission agreed that the new language clearly addressed maintenance issues of nonconforming fences and walls, and recommended approval of the changes to the Planning Commission and City Council. Planning Commission Action On February 3, 2015, the proposed zoning ordinance amendment was presented to the City's Planning Commission. Staff presented the amendment and answered several questions from Commissioners. The Commissioners discussed problems with current maintenance standards for existing nonconforming fences, and agreed that the new provisions would help homeowners maintain the aesthetics of existing nonconforming fences while also improving the City's ability for enforcement. After the discussion, the Planning Commission unanimously recommended approval of the proposed changes to the fences and walls ordinance. Background In June 2014, the City Council, after hearing two (2) appeals for wood fence exceptions, directed Planning staff to establish a committee to review the City's fence and wall provisions. The Committee, which consists of two (2) Architectural Review Commissioners, one (1) Planning Commissioner, two (2) City Councilmembers, a homeowners' association manager, and one (1) member who specializes in fence materials, discussed the ordinance provisions at their meetings in September and November. Based on those meetings, staff modified the ordinance to better address the maintenance of existing nonconforming fences and clearly prohibit material exceptions from being considered by the ARC. Zoning Ordinance Amendment Description P.D.M.C. Section 25.40.080 - Fences and Walls - contains provisions related to residential walls and fences including provisions for fence materials, location, height, and design standards. The code section is broken into six (6) subsections. Subsection D. "Maintenance of nonconforming fences" addresses normal maintenance of existing nonconforming fences. Currently, this subsection allows normal maintenance and minor repairs to existing wood fences to preserve a quality appearance. The subsection also requires property owners to bring their fence or wall up to current standards if major structural repairs or replacement of the fence is required. Staff has modified this subsection to replace ambiguous language related to "major structural repairs" and insert language to better address maintenance and preservation of existing nonconforming fences. G TlanningTric Ceja\Case Fdes\Z0A\Z0A 14-421 Fences and Walls\ZOA 14-421 - CC Staff Report docx Ordinance No. 1280 Staff Report ZOA 14-421: Fences and Walls Page 3 of 4 February 26, 2015 Subsection E. "Exceptions procedures" lists specific criteria for when a property owner may apply to the City's ARC for an exception from any wall or fence provision. This subsection remains largely intact; however, staff is proposing to add language that would remove material exceptions, specifically wood and vinyl fence materials, from being considered by the ARC. Analysis The proposed changes to the Fence and Wall Ordinance were reviewed by the City's Fences and Walls Committee. The Committee, upon much deliberation and debate, recommended approval of the ordinance changes as proposed. As discussed, the new language allows property owners with existing nonconforming fence materials to maintain their fences in good condition, at the same location, and with a similar design. Property owners would, therefore, be allowed to maintain their nonconforming fence in perpetuity until they choose to replace the material. This new language was a compromise for existing property owners who may not be able to afford a new compliant block wall, but will allow City Code Compliance staff to better address maintenance of existing wood fences. Staff also removed the existing language related to "major structural repairs" as there is no clear definition of what a major structural repair is. Staffs interpretation of "major structural repairs" has been to allow owners to replace up to 50% of their nonconforming fence; however, this interpretation has not achieved consistently satisfactory results. New language inserted in the ordinance allows staff to approve replacement of nonconforming fence materials, at the same location, and same design without having the property owner go through the expense to bring their fence into compliance. Since existing nonconforming fences are allowed to stay until the property owner chooses to replace the fence, new language has been added that would prohibit new wood fencing from being considered by the ARC as an exception. Therefore, this new language requires all new fencing materials to conform to the proposed code changes and would not allow new wood or vinyl fences from even being considered for an exception. 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 ZOA is categorically exempt from CEQA review because the proposed amendment establishes the regulation of fences and G \Planning\Enc Ceja\Case Files\ZOA\ZOA 14-421 Fences and Walls\ZOA 14-421 - CC Staff Report.docx Ordinance No. 1280 Staff Report ZOA 14-421: Fences and Walls Page 4 of 4 February 26, 2015 walls. The construction of such structures is listed as a Class 3 (15303) Categorical Exemption under CEQA. Fiscal Impact There is no fiscal impact to the City associated with adoption of the proposed Zoning Ordinance Amendment 14-421. Submitted By: 1 (/ ti Eric Ceja, Associ Planner Department Head: Lauri Aylaian, Director of Comm u ' evelopment ohn M. Wohlmuth, City Manager G:\Planning\Enc Ceja\Case Files\ZOA\ZOA 14-421 Fences and Walls\ZOA 14-421 - CC Staff Report.docx ORDINANCE NO. 1280 s� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM' DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES•AND WALLS" TO ALLOW FOR THE REPAIR AND N; MAINTENANCE OF `EXISTING NONCONFORMING FENCES, AND TO PROHIBIT NONCONFORMING FENCE MATERIALS FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE CASE NO: ZOA 14-421 WHEREAS, the City Council directed staff to establish a committee, inclusive of two (2) City Councilmembers, one (1) Planning Commissioner, two (Architectural Review Commissioners) and two (2) members'from the public, to review the City's Fences and Walls Ordinance and to bring recommendeed changes back to the City Council for further review. WHEREAS, the Fences and Walls Committee was formed and met twice to discuss potential amendments to the ordinance related to nonconforming fence materials and enforcement standards. During those meetings the Committee discussed allowing existing nonconforming fences to remain in place subject to ongoing maintenance and to strengthen the Ordinance to prohibit exceptions for nonconforming fence materials; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did review the recommended changes to the ordinance at their meeting on January 13, 2015, and voted unanimously to recommend approval of the changes to the Planning Commission and City Council; and WHEREAS, Planning Commission of the City of Palm Desert, California, did review the recommended changes to the ordinance on the 3rd day of February, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted, and recommended that the City Council approve the zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, in that the Director of Community Development has determined that the proposed action qualifies as a Class 3 categorical exemption under CEQA, and is not subject to further environmental review. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard., said City Council did find the following facts and reasons to exist to justify approval of the zoning ordinance amendment: :ti ORDINANCE NO.12so NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Zoning Ordinance Amendment 14- 421 as proposed. `, PASSED, APPROVED,`AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 26th day of February. 2015, 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 GAPIanning\Enc Ceja\Case Fi1es\Z0A\Z0A 14421 Fences and WalWMA 14-421-CC Ord..docx 2 ORDINANCE NO. 1280 EXHIBIT A SECTION 1: That SeC#ion 25.40.080(D) (Fences and Walls) of Palm Desert Municipal Code is hereby amende�to read as follows: D. Maintenance of ndnconforming fences. 1. Normal maintenance§ of nonconforming fences shall be permitted to preserve a quality appearance All repair and replacement of fence material shall be treated, painted, or finished so that the newer portions of\the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this ordinanc4,. 2. Existing nonconforming fences sh�l be maintained in good condition and in accordance with Chapter 8.70.060 of,the Property Maintenance Ordinance. SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: E. Exceptions procedures. 1. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: That unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. There are no exceptions for new nonconforming materials including vinyl and wood fences. Existing nonconforming fence materials shall conform to subsection D of this section. G \Planning\Enc Ceja\Case Files\ZOA\ZOA 14421 Fences and Walls\ZOA 14-421-CC Ord docx 3 PLANNING COMMISSION RESOLUTION NO. 2644 lama A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT (ZOA) TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NONCONFORMING FENCES, AND TO PROHIBIT NONCONFORMING FENCE MATERIALS FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE CASE NO: ZOA 14-421 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3Id day of February, 2015, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above noted; and WHEREAS, the City Council established a Fence Walls Committee to review the City's Fence and Walls Ordinance and to recommend changes regarding the use of specific materials and the maintenance of nonconforming materials; and WHEREAS, the City's Architectural Review Commission (ARC) did review the recommended ordinance changes at their meeting on January 13, 2015, and unanimously approved the recommended changes to the Planning Commission; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, the Director of Community Development has determined that the project is exempt from CEQA review as the construction of such structures is listed as a Class 3 (15303) Categorical Exemption under CEQA. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 14-421 as proposed. PLANNING COMMISSION RESOLUTION NO. 2644 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 3`d day of February 2015, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 KEN S-fEfibELL, CHAIRPERSON ATTEST: LAURI AYLAIAN, SECRETARY ' PALM DESERT PLANNING COMMISSION aw G Tiar.nwg',Momca 0Reiiiy'-Ranrnng Ccmm,ss,orc2015`.Resolutions'.Res. No. 2644 ZOA 14-421 Fences & Walls docx 2 PLANNING COMMISSION RESOLUTION NO. 2644 Exhibit A SECTION 1: That Section 25.40.080(D) (Fences and Walls) of Palm Desert Municipal VAN" Code is hereby amended to read as follows: D. Maintenance of nonconforming fences. 1. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted, or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this ordinance. 2. Existing nonconforming fences shall be maintained in good condition and in accordance with Chapter 8.70.060 of the Property Maintenance Ordinance. SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal Code is hereby amended to read as follows: E. Exceptions procedures. 1. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i. That unusual circumstances exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. There are no exceptions for new nonconforming materials including vinyl and wood fences. Existing nonconforming fence materials shall conform to subsection D of this section. G.'.Plan nmy'.Mornca OReilly'Pianning Commission�2015'•ResoluUons;Res No. 2644 ZOA 14-421 Fences & Walls docx 3 PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 season, and no requirement for van transportation from the church/school to the day care center. The resolution will be taken back to the Council on February 12. Commissioner Campbell asked if the children will be crossed in the middle of the street. Ms. Aylaian replied yes. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 20, 2015. Rec: By Minute Motion, approve as.presented..,. Upon a motion by Commissioner Campbell, second by Commissioner Dash, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None::.` IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council to`approve a zoning ordinance amendment (ZOA) to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of.existing nonconforming fences, and to prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Case No. ZOA 14-421 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, stated that after the City Council heard two appeals for wood fence exceptions, they directed staff to form a committee to review the fence and wall ordinance. The committee was formed, and they discussed the ordinance provisions at two meetings. He noted that the ordinance pertaining to fences and walls was changed approximately two decades ago to prohibit wood fences that are visible from public streets. Wood material was prohibited because it was determined that wood deteriorates quicker than other 2 G.\Planning\Monica OReilly\Planning Commission\2015\Mmutes\2-3-15 min docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 materials due to the sun, heat, and over spray from landscape irrigation. He stated that the current code reads that existing nonconforming fences can be repaired, unless it is a major structural repair. He said that the code has been interpreted as allowing homeowners to repair up to 50 percent of the existing nonconforming fence, which has not resulted in a desirable outcome. He displayed photos of fences to show as examples. Mr. Ceja stated that the committee decided to strike that language from the ordinance, and add new language that would allow homeowners to replace existing fences as long as the new and old materials match. The committee added other language to reinforce the prohibition on wood fences by stating that changes. in design or material type would now have to conform to the existing ordinance. that calls for block walls. In addition, new language was added to reinforce that existing wood fences must be maintained according to the property maintenance ordinance. He noted that the committee asked for an exception for materials, including wood, to not be allowed for review when visible from the public right-of-way". "Mr. Ceja stated that the ARC reviewed the proposed ordinance amendment, and they. prefer to see an outright prohibition on wood fences. However, the ARC 'understood the committee's concern with financial :' ,hardship... for property owners, and recommended approval of the proposed charges. He offered to answer any questions. Commissioner Dash referred:. to 'the provision thatstates a property owner be allowed to maintain their nonconforming;'fence in perpetuity until they choose to replace the material., He asked tf;this a liek :only to the current owner, or is it transferred to the: new.,owner. Will ahe new owner' have to bring the fence into compliance? Mr. Ceja responded tha, the existing ,.wood fence, regardless of a property transfer, would be. allowed to :remain in perpetuity as long as it is maintained in accordance;with the_property maintenance ordinance. Commissioner DeLuna:;asked if a fence is 50 percent in a state of disrepair, can the code require the property owner to maintain and repair the fence. Does the City have the authority? If a code officer drives by a property that has a fence in disrepair, can the officer give the property owner a citation to either replace the existing wood fence, or install a conforming fence material? Is that how the ordinance .will read? Mr. Ceja replied that is correct Commissioner DeLuna referred to a condominium project that was recently approved on Shadow Mountain Drive. She inquired about the City having the ability to add a condition on a project to have a block wall instead of a wood fence. Ms. Aylaian responded that the condominium project, if a block wall was not being proposed, would require a discretionary approval by the Planning 3 G \Planning\Monica OReilly\Planning Commission\2015\Minules\2-3-15 min.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Commission. Therefore, the Planning Commission would be able to impose conditions on a project. Mr. Tony Bagato, Principal Planner, added that there would need to be a valid nexus to say that there would be a need for a block wall versus a wood fence to make that determination. He stated that if there is no valid concern, the City cannot force a block wall to be installed. After a brief discussion on adding a condition for a block wall, Ms. Aylaian commented that staff would consult with the City Attorney:to make sure an added condition would withstand scrutiny. Commissioner DeLuna reaffirmed that it is possible to add, -;a condition. Ms. Aylaian replied yes. Vice Chair John Greenwood asked when a block wall goes before.the ARC, is it handled mostly at staff level? What arelh.e. requirements in terms of aesthetics? Mr. Ceja explained that the., property owner; will visit the Planning Department, and let staff know that they �are,,)nterested in` repairing or replacing their wood fence. Staff will first check if:`it is not .visible frohm. the street, if not, staff will approve it. However if the fence' is visblefrom the street, staff will let the property owner know that the material is `prohibited and'e'they would need a block wall with a gate. Vice Chair.,;,'Greenwood ,clarified that;, before the Planning Commission is a nonconforming .revision to the zoning ordinance. Mr Ceja :replied ,thatis correct He. stated that the ordinance changes deal specifically :with nonconforming fences, which it is an attempt to address wood fences in the community. Commissioner DeLuna asked who decides when a fence is in a state of disrepair, and the property owner is required to repair or replace the fence. Mr. Ceja:.responded that typically it would be the Code Department while canvassing the community. Commissioner DeLuna inquired what type of material is used for a gate, if there is a block wall. Mr. Ceja replied that wrought iron gates are allowed. A well designed gate will also be allowed. Commissioner Campbell asked why a gate would be required if they have a block wall. 4 G \Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Mr. Ceja replied that they are not required to add a gate. He stated that only in situations where the property owner has an existing gate to access their side yard. Commissioner Campbell asked if it is not mandatory to have a gate. Mr. Ceja said that they need one for fire access and only one is needed. Chair Stendell asked when a six-foot fence repair requires a permit. He pointed to one of the fences displayed in the photos, and also: asked when a property owner would come in to see the Planning Department -for a fence repair. Mr. Ceja responded that the property owner would only, come in on their own choosing if they want to replace the fence themselves, or if they were cited by the Code Department. Chair Stendell asked how you make a property owner accountable to see the Planning Department to repair or replace.a fence.. Mr. Ceja answered that the. City would have to rely heavily on the Code Compliance Department to' flag property owners, and have them talk to the Planning Department. Vice Chair Greenwood. commented that there. was, a representative from Lowe's on the committee "�He asked if these was discussion on educating retail staff so they can make::the customer aware of the process in place. Mr. Ceja responded that'.there is educational material that could be given to the retailers. He mentioned -that Staff. ran into a similar issue with paint color changes on, homes. Staff canvassed paint contractors with notices, as well as paint supply businesses in"the community. Vice Chair Greenwood asked if staff will send out material pertaining to the fences and walls. Mr. Ceja replied yes, if the amendment to the zoning ordinance is approved. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Stendell declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve recommending to the City Council a ZOA to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Motion was seconded by Commissioner Campbell 5 G \Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min. docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2644, approving ZOA 14-421. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None C. GENERAL PLAN UPDATE Vice Chair Greer*6od..reported that the`General Plan Update Technical Working Group met on Friday, :January 23, :and the consultant provided another great presentation:<;He stated that the community workshop scheduled for February 5 has been postponed. Ms Aylaian. announced that the new date is Thursday, March 5; 3:30 to 5:30 p.m afthe: `Desert Willow Clubhouse. Commissioner ';DeLuna stated that she regrets there is a conflict with her schedule. She will be attending the League of California Cities Planning Commissioners' Academy, and she will not be able to attend the next General Plan Update community workshop. XII. COMMENTS-. Vice Chair Greenwood commented that he likes the aesthetic of block walls. However, he lives in a neighborhood that was built in the 80's in Palm Desert, and it has predominately wood fences. He stated that he appreciates the hard work that went into the fences and walls ordinance amendment. Chair Stendell mentioned that the committee had a representative from the Palm Desert Country Club Homeowners' Association, which is another community with 6 G \Planning\Monica ORedly\Planning Comm ission\2015\Minutes\2-3-15 min docx � C I f Y g f P�IId QESfP� 73-510 FRED WARING DRIVE PAL:N DESERT, CALIFORNIA 92260-2i78 TEL: 760 346—o6i I< info Ca cityofpalmdesert.org January 15, 2015 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: ZOA 14-421 APPLICANT AND ADDRESS: CITY OF PALM DESERT, 73-510 Fred Waring Drive, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a zoning ordinance amendment to Section 25.40.080 Fences and Walls. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval. Date of Action: January 13, 2015 Vote: Motion carried 8-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re -submitted to the Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 14-421 NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO ADOPT A ZONING ORDINANCE AMENDMENT UPDATING SECTIONS OF THE PALM DESERT MUNICIPAL CODE SECTION 25.40.080 FENCES AND WALLS TO ALLOW FOR THE REPAIR AND MAINTENANCE OF EXISTING NON -CONFORMING FENCES AND TO INCLUDE LANGUAGE PROHIBITING NON -CONFORMING FENCES FROM THE CITY'S ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS PROCEDURE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that the proposed Code Amendment is categorically exempt under Article 19 Section 15303 "New Construction or Conversion of Small Structures" (Class 3) of the CEQA, which specifically exempts accessory structures including fences, and therefore no further environmental review is necessary. Project Location/ Description: Project Location: City-wide Code Amendment: Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" is being amended to provide clarification to subsections D and E regarding maintenance of existing non -conforming fence materials and City's Architectural Review Commission's exception procedure. The proposed code amendment affects the following subsection of Section 25.40.080 and would read as follows: 25.40.080 Fences and Walls D. Maintenance of nonconforming fences. 1. Normal maintenance of nonconforming fences shall be permitted to preserve a quality appearance. All repair and replacement of fence material shall be treated, painted or finished so that the newer portions of the fence are indistinguishable from the existing fence. Changes in fence design or material type are not considered repair and shall be required to conform to the location and material standards listed in subsection C of this ordinance. 2. Existing non -conforming fences shall be maintained in good condition and in accordance with Chapter 8.70.060 of the Propertv Maintenance Ordinance. E. Exceptions procedures. ARC Review. Requests for exceptions to the above standards may be reviewed and approved subject to the following findings: i. That unusual circumstance exist which make the literal interpretation and enforcement of the standards impractical or contrary to the purpose of the ordinance codified in this section. ii. The exception shall not result in damage to adjacent properties. iii. Property owners adjacent to the proposed exception shall be informed of the application at least 10 days prior to the ARC meeting. iv. There are no exceptions for new non -conforming materials including vinyl and wood fences. Existing non -conforming fence materials shall conform to subsection D of this ordinance. 2. If the property is within a gated community with a homeowners association with a bona fide architectural review process and the applicant obtains approval from that architectural review body, the City's architectural review process may be waived. Recommendation: Staff is recommending approval of the Zoning Ordinance Amendment. Planning Commission: The Palm Desert Planning Commission considered the Zoning Ordinance Amendment at their meeting on February 3, 2015, and recommended that the City Council approve the changes as presented. Public Hearing: The public hearing will be held before the City Council on February 26, 2015, at 4:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from February 15, 2015 to February 26, 2015. Public Review: The Zoning Ordinance Amendment is available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN February 15, 2015 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2