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Home My WebLink AboutA. Case No. ZOA 08-392 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Recommendation to City Council for approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. SUBMITTED BY: Tony Bagato Principal Planner APPLICANT: City of Palm Desert CASE NO: ZOA 08-392 DATE: October 21, 2008 I. EXECUTIVE SUMMARY: Approval of staff's recommendation will recommend to the City Council approval of a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. II. BACKGROUND: Hillside Planned Residential District The purpose of the Hillside Planned Residential District is to: A. Encourage only minimum grading in hillside areas relating to the natural contours of the land avoiding extensive cut and fill slopes that result in a padding or staircase effect within the development; B. Encourage architecture and landscaping design which blends with the natural terrain; and C. Retain and protect undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in the development proposal in hillside areas. Staff Report Case No. ZOA 08-392 October 21, 2008 Page 2 of 3 The City's Hillside Planned Residential District currently has a procedure that allows an applicant to request an optional preliminary approval of development standards relating to density, building site locations, and access roads and locations from the Planning Commission. Section 25.15.130 states: "Optional preliminary approval procedure. The applicant may choose to submit information and request preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained." Recently, the Planning Department has processed two requests for preliminary approval of building site locations. Both cases went to the Planning Commission and the City Council for review and approval. On one of the properties, a technically challenging location was identified and approved; the second request was denied in its entirety. In both cases, the use of this optional procedure has not been effective in streamlining the process for the applicant. On September 25, 2008, the City Council directed staff to initiate a Zoning Ordinance Amendment removing Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. III. DISCUSSION: Section 25.15.130 currently allows a property owner to request preliminary approval of the development standard options identified above. Staff has recently reviewed and processed two such requests. The requests were difficult to process since staff did not have enough information to make a recommendation that would meet the purpose of the Hillside Planned Residential Zone stated above. Without information regarding the proposed home size, architecture, color and landscaping, this section can be confusing and makes it difficult to identify all potential impacts. In addition, if a property owner receives optional preliminary approval, he/she is still required to go through the Architectural Review Commission, in addition to public hearings before the Planning Commission and the City Council for approval of the development plan and home at a later time. Staff believes that this section of the Hillside Residential Zone leads to confusion and is recommending that Section 25.15.130 Optional Preliminary Approval Procedure be removed in its entirety. G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\ZOA\08-392\ZOA08-392 PC Staff Report.doc Staff Report Case No. ZOA 08-392 October 21, 2008 Page 3 of 3 IV. RECOMMENDATION: That the Planning Commission adopt the findings and adopt Planning Commission Resolution No. , recommending to City Council approval of ZOA 08-392, which deletes Section 25.15.130, Optional Preliminary Approval Procedure, in its entirety from the Hillside Planned Residential Zone. V. ATTACHMENTS: A. Draft Resolution B. Legal Notice Submitted by: Department Head: Tony Bagato Lauri Aylaian Principal Planner Director of Community Development Approval: Homer Croy ACM for De opment Services G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\ZOA\08-392\ZOA 08-392 PC Staff Report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT REMOVING SECTION 25.15.130, OPTIONAL PRELIMINARY APPROVAL PROCEDURE, IN ITS ENTIRETY FROM THE HILLSIDE PLANNED RESIDENTIAL ZONE. CASE NO. ZOA 08-392 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of October 2008, hold a duly noticed public hearing to consider the request by the CITY OF PALM DESERT for approval of the above noted; 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. 06-78, the Director of Community Development has determined that the project is Class 5 Categorical Exemption under CEQA and no further environmental review is necessary, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval to the City Council of said request: 1. That the optional preliminary approval procedure from the Hillside Planned Residential Zone does not streamline the entitlement process for the property owner and/or applicant; and 2. That proposed Zoning Ordinance Amendment will not negatively impact the public health, safety and general welfare that the current regulations. 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 ZOA 08-392. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of October 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\ZOA\08-392\ZOA 08-392 PC Resolution.doc 2 CITY OF PHIDl DESERI 73-510 FRED WARING DRIVE it �' . PALM DESERT,CALIFORNIA 92260-2578 r '; ,:. . TEL:760 346-0611 "'i— FAX:760 341-7098 :.: i' �:•• in(o@palm-deser[.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 08-392 NOTICE OF INTENT TO ADOPT A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL DISTRICT OF THE CITY'S ZONING ORDINANCE, REMOVING SECTION 25.15.130 OPTIONAL PRELIMINARY APPROVAL PROCEDURE FROM THE ZONING ORDINANCE. PROJECT DESCRIPTION: The City of Palm Desert Community Development Department is proposing a Zoning Ordinance Amendment that will delete Section 25.15.130, Preliminary Optional Approval Procedure from the Hillside Planned Residential Zone. The code currently states: 25.15.130 Optional preliminary approval procedure. The applicant may choose to submit information and request a preliminary approval from the planning commission which will assign the appropriate development standard option, determine density, identify building sites, access roads and locations. No permits shall be issued until final approval is obtained. (Ord. 1046A § 3 (Exhibit B (part)), 2004) This section will be removed from the ordinance and the optional preliminary approval will no longer be available for property owners in the Hillside Planned Residential Zone. PROJECT LOCATION: All Hillside Planned Residential Zones within the City of Palm Desert. PUBLIC HEARING: SAID public hearing will be held on Tuesday, October 21, 2008, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at,or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary October 10,2008 Palm Desert Planning Commission