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Home My WebLink AboutORD 1383ORDINANCE NO. 1383 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 26, MODIFYING CHAPTER 25.10 R-2 ZONING (MIXED RESIDENTIAL DISTRICT) AND CHAPTER 26.68 (DECISIONS BY THE ARCHITECTURAL REVIEW COMMISSION) REGARDING SECOND STORY PROJECTS CASE NO: ZOA22-0003 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1gth day of April 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted and adopted Resolution No. 2810, recommending that the City Council adopt the Zoning Ordinance Amendment (ZOA) for said projects relating to second story projects; and WHEREAS, the Zoning Ordinance Amendment (ZOA) modifies the Palm Desert Municipal Code (PDMC) Chapter 25.10 (Mixed Residential District) to update the development standards and Chapter 25.68 (Decisions by the Architectural Review Commission) relating to design review for second stories in R-2 Zoning Districts; and WHEREAS, The City Council finds that the adoption of this ordinance is not a "project," as defined in the California Environmental Quality Act (CEQA) because it does not have the ' potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making; and WHEREAS, the City Council of the City of Palm Desert, did on the 12th day of May 2022, hold a duly noticed public hearing to, the City Council opened the public hearing, the City Council considered the request by the City of Palm Desert for approval of a ZOA is consistent with the City's General Plan; and SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California ("City') is a municipal corporation duly organized under the constitution and laws of the State of California; and B. The Planning and Zoning Law authorizes cities to establish by ordinance the regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert, California, approve, and adopt the PDMC amendment to Chapter 25.10 (Mixed Residential District) and ' Chapter 25.68 (Decisions by the Architectural Review Commission) as shown in Exhibit A, which is attached hereto and incorporated herewith. ORDINANCE NO. 1383 SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 261h day of May 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE J N C. HAR <, MAYOR ATTEST: r)t4/n 7'L. ,LEIkK ALIFORNIA tj ORDINANCE NO. 1383 "EXHIBIT A" ' ZONING ORDINANCE AMENDMENT SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.10.050 is hereby amended as follows: 25.10.050 Development Standards Table 25.10-3: Residential Zoning District Development Standards " RE3 R-13 2:1 ac 2:15,000 a10,000 <10,006 ;. sf _ ° sf, but sf R-2 .. R•3 R-1 M' &W P.R.° Measurement/Zoning - - s15,0110 '.,District' sf Residential Density Density(du/ac), min — max 11-2 12-3 1 3-4 15-8 13-10 17-40 I 7 I 1/5 ac I 4.40 Lot Dimensions- Lot size, min 40,000 15,000 10,000 8,000 sf 3,500 3,000 20 ac / — — sf sf sf sf sf 5,000 sf Lot size, max 1 ac No max 14,999 9,999 sf No No No — — sf max max max Lot width, min 150, 90, 90, 70' 50' 40' 500, — — Lot depth, min 200' 125' 100, — - - — — — .Setbacks -� - Front yard, min 30' 25' 20' 20' 12' 10, 20' / 5' — — Side yard, min 15, 15, 8' 5' ° 5' 8' 10' / 5' — — Combined both sides, min 30' 30' 20' 1016 10, 10, — — — Street side yard, min 30' 15' 10, 10, 10, 10, 20' /— — — Rear yard, min 50, 20' 20' 15, 15, 10, 10, / 5' — — Residential accessory See Section 25,40.050 (Accessory Buildings and Structures) structures Coverage' Lot coverage, max 30% 35a2 35W I 35%' 60% 75% — 10% 50% percentage of lot area I Building Measurements ' Height, max 15' (18' 15' (18' 15' (18' 15' (18' 15' (30' 40' 18, 40' ARC)' ARC)' ARC)7 ARC) ARC)° ORDINANCE NO. 1383 Number of Stories, max. 1 1 1 2 2 3 1 1 3 l' Dwelling unit size, min 1,500 1,250 sf 1,000 sf 1,000 sf 600 sf 450 sf ' — — — sf' Dwelling unit size, max — — — — 4.000 4,000 — 4,000 — sf sf sf Site area per dwelling unit, — — — — 4,000 2,500 — — — min sf sf Building pad area, max — — — — — — — 10,000 — sf open Space Group usable open space — — — — — 300 sf per dwelling unit, min Notes 1. The dimension requirements included in this column apply to a manufactured home park project sites as well as individual sites within the park. The first dimension is for the larger project site. 2. Lot coverage may be increased to as much as 50 percent pending ARC approval, through the design review process. 3. All development standards are based on the square footage shown on the zoning map and not necessarily the physical lot size of a property. Properties only zoned R-1 without a square footage allocation shall comply with standards for < 10,000 square feet. Confirm standards with Planning Division staff for correct zoning designation and lot size development standards. 4. Hillside Development Plan approval process in Section 25.78.020. 5. The standards and guidelines presented in this section provide design criteria for the achievement of functional and attractive developments that fit within the context of the City of Palm Desert. Exceptions to the criteria contained within the Development Plan may be appropriate with the application of innovative and unique design techniques in keeping with the character envisioned at the time of approval. 6. Setbacks within the Palm Desert Country Club in R-1 and R-2 have a 5 feet sideyard setback (See Figure 25.10- 1 Palm Desert Country Club Setbacks) and a combined setback of 10 feet. 7. Allowable maximum building height is 18 feet with approval by the Architectural Review Commission (ARC). 8. Allowable building height is 30 feet with approval by the Architectural Review Commission for buildings exceeding 15 feet. Public notification to immediately adjacent properties 10 days prior to the ARC meeting. SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code section 25.68.20 (Design Review Required) is hereby amended as follows: Purpose and applicability. Design review allows for specified projects to be reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the General Plan are achieved. Design review is required, as follows: A. Prior to permit issuance. No plan, elevation for buildings or structures, or alterations shall be approved and no permit shall be issued for any building, structure, sign, or other development of property or appurtenances or alterations thereto, except in single-family residential districts, without review and approval by the ARC. B. The ARC shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The ARC shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. ORDINANCE NO. 1383 ' C. The ARC shall review all plans for new two-story residential dwellings and second story additions within the R-2 Zoning District as required by Table 25.10-3 (Residential Zoning District Development Standards) to ensure second stories are compatible with surrounding homes including massing, materials, and considers privacy of adjacent neighbors. The ARC design review shall include the following: 1) The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2) Placement of windows and doors should have minimal impact to the neighboring property. 3) Line of sight analysis shall be provided. 4) To mitigate privacy impacts of new two-story homes and additions, tree and/or shrub planting is required. a. Applicability. These requirements shall apply to new two-story homes, two-story additions, and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. ' 5) Planting Plan. Proposals for new two-story homes, two-story additions, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements. 1