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Home My WebLink AboutC. Case No. ZOA 10-41 - City of Palm Desert, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: Consideration for approval of a recommendation to the City Council of an amendment to the Hillside Planned Residential (HPR) Zone relating to definitions/development of "rock outcroppings," and amendments to the HPR Zone Approved Ridgeline Map. SUBMITTED BY: Ryan Stendell, Senior Management Analyst APPLICANT: City of Palm Desert CASE NO: ZOA 10-41 DATE: March 16, 2010 CONTENTS: Draft Resolution Copy of Legal Notice Plans & Exhibits Recommendation That the Planning Commission adopt the findings and Resolution No. , approving a recommendation to the City Council of amendments to the Hillside Planned Residential (HPR) Zone relating to definitions/development of "rock outcroppings," and amendments to the approved HPR Zone Ridgeline Map. Executive Summary Approval of staff's recommendation would codify a definition of the "rock outcropping" and prohibit development on or across any "rock outcropping" within the HPR zone. Staff's recommendation also clarifies several inaccurate depictions on the approved HPR Ridgeline Map, as shown on the attached exhibits. Background At its January 19, 2010, meeting the Planning Commission directed staff to prepare a zoning ordinance amendment to the HPR zone that would further define outcroppings. Commissioners expressed an interest in treating outcroppings the same as ridgelines, and gave several examples of cities that have outcroppings defined in their ordinances. The current HPR zone purpose section (PDMC 25.15.010) speaks to not disturbing natural landmarks or features, and working with natural contours of the land. Although Planning Commission Staff Report ZOA 10-41 March 16, 2010 Page 2 of 4 staff interprets and uses this language to mean outcroppings or any other significant rock formations, there is no current definition of a rock outcropping or specific reference to it within the HPR zone development standards. Discussion Staff has reviewed many examples of how cities have incorporated language that further defines outcroppings above and beyond what the current Palm Desert ordinance defines. Staff and the City Attorney have discussed this issue and believe that a few minor modifications to the current ordinance will accomplish the Planning Commission's goals. Proposed Amendments Definitions, PDMC 25.15.015 (to be added): Rock Outcropping: A rock outcropping is a rock formation that is a part of an underlying layer of rock that projects above the surface of the surrounding ground. Development Standards, PDMC 25.15.030 F: Development on or across ridges or rock outcroppings is prohibited. Revisions to the Approved HPR Ridgeline Map: Staff has discussed with the Planning Commission the challenges of mapping ridgelines as they approach the valley floor. Staff has taken this opportunity to review areas where inconsistencies exist, and as a result has prepared a proposed amendment to the approved Ridgeline Map (see map below). Many of the inconsistencies are the result of identifying a series of rock outcroppings, and then connecting lines between them forming apparent ridgelines. Staff is aware of several areas of concern that span multiple properties/owners. Based on discussions with the Planning Commission, staff believes that a City-initiated revision to the Ridgeline Map would be the best approach to resolving the inconsistencies. C:\Documents and Settings\larmenta\Local Settings\Temporary Internet Files\Content.Outlook\GARCHL8Q\ZOA-10-41 PC-RPT_doc Planning Commission Staff Report ZOA 10-41 March 16, 2010 Page 3 of 4 ;.� 4 -- '."..T^74*'-' "*„.-',-,-,-"-r.- --",.-••':.,- -;•'-' k'.-. .:.• .i. illik„._ , ,:tt. . . ,•••I_ . ..J-+„,+7,• , . 1,. ,, ,v, ,v,.i.,li 1 Illir 0, 011,4%,4,. , , — , .?"4.-..• ...":*=' , ,.t :•)4111... ' --",. ikirt*—,--,1FIN.,41/44 -,,, ') Tgiori a— h—ii, ' *:'"* 1 ' -1-• ' "..>'-'= '.--?....S i.'''' ,. ' -• ,- ,,?-:,0,- .,,, ititt'it it- Ai iii itb.-1-1110 Ai � P ' fry . �:''1 ��*fro: 4 *i r t.\ -tir of 4 # , '-- • 11 I x 6 :Z1. y , jr474 '74 0 ,444i00444k w,:.,,f,' ..,.;-..1.7 r,',,'',: o.-. ,,,,,-::..: ., ,,./..,/, y: ,, 4b,,,z,tA to :art p : - ai _ .,::#./ '''clitf--:/ ik, ji. , Legend -1114 Existing To Be Removed From Map > �...�Proposed Ridgelines To Be Added , ; c if; Existing Ridgelines To Remain Unchanged City Boundary C:\Documents and Settings\larmenta\Local Settings\Temporary Internet Files\Content.Outlook\GARCHLSQ\ZOA-10-41_PC-RPT.doc Planning Commission Staff Report ZOA 10-41 March 16, 2010 Page 4 of 4 Conclusion It is staff's belief that the proposed changes further strengthen the language found in the HPR zone relating to "rock outcroppings," and the proposed revisions of the Ridgeline Map give better definition to actual ridgelines. Staff recommends that the Planning Commission approve the recommendation of approval for ZOA 10-41 to the City Council. Environmental Review The project as proposed complies with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that the subject property was previously studied during the Hillside Planned Residential zone update dated April 12, 2007, resulting in the filing of a Negative Declaration of Environmental Impact. The proposed amendment is within the scope of the previously filed Negative Declaration, and will not have an adverse affect on the environment. No further documentation is required. Submitte. By: Department Head: Ryan Stendell Lauri Aylaian Senior Management Analyst Director of Community Development C\Documents and Settings\larmenta\Local Settings\Temporary Internet files\Content.Outlook\GARCHL8Q\ZOA-10-41_PC-RPT_doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.15 HILLSIDE PLANNED RESIDENTIAL (HPR) AS THEY RELATE TO DEFINITIONS / DEVELOPMENT OF "ROCK OUTCROPPINGS, AND AMENDMENTS TO THE APPROVED HPR ZONE RIDGELINE MAP. CASE NO. ZOA 10-41 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of March, 2010, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.15 as described above; 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, in that the Director of Community Development has determined that the subject property was previously studied during the Hillside Planned Residential Zone update dated April 12th, 2007, resulting in the filing of a Negative Declaration of Environmental impact. The proposed amendment is within the scope of the previously filed Negative Declaration and will not have an adverse affect on the environment and no further documentation is required; 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 its recommendation as described below: 1. That the Zoning Ordinance amendment is consistent with the adopted General Plan and affected specific plans. 2. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the 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 Commission in this case. 2. That the Planning Commission does hereby recommend to the City Council approval of a Zoning Ordinance text amendment as provided in the attached Exhibit "A" to amend Municipal Code Chapter 25.15. 3. That the Planning Commission does hereby recommend to the City Council approval of amendment to the approved Hillside Planned Residential Zone Ridgeline Map as provided in the attached Exhibit "B." PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of March, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: M. CONOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" Chapter 25.15 Hillside Planned Residential Zone That Section 25.15 be and the same is hereby amended to read as follows: 25.15.015 Definitions. Hillside Ridge. A ridgeline that is formed by the juncture of two or more sloping planes that project outward from a mountain range and descend towards the valley floor more particularly identified on the exhibit labeled Hillside Planned Residential Zone Ridges, on file in the office of the city clerk. (Ord. 1136 Exhibit B, 2007) Rock Outcropping. A rock outcropping is a rock formation that is a part of an underlying layer of rock, that projects above the surface of the surrounding ground. 25.15.030 F Development Standards. F. Development on or across ridges or rock outcroppings is prohibited. 3 PLANNING COMMISSION RESOLUTION NO. EXHIBIT B -- . .„,-L,_. -,,,,,- 4,, •-. •.: ' -,,ippl, :lrypirow,,,K.,,,-. t.,7-. ,e`-,canFP.:60, Y. J. tes 4 -'1 1 + ` if' t `F g�1� p. ryyr III i, # . �!► i '\-- kj 1 r' 71'11410 t +, s ,i• r doe! . any :'�: ' ' 7R n bra.� `e ,�0 / ,+ ri -'4' -1-fr.':' '--- ...,;...,,,..„•.:,,,„,...,4 10,./:.,,., ,* , ,,...,i,4/4. xi ✓ � �a."Y'r - . '1. ,. ae, 3: !"dliii,' .:,,j'i ` ., Aitiki* Legend {' • Existing To Be Removed From Map : . . t #{ -Proposed Ridgelines To Be Added ifiT4Ipta • Existing Ridgelines To Remain Unchanged ,`, 1 ., City Boundary 4 PROOF OF PUBLICATION This is space for CounvQ Ramp),4 12. 143 (2015.5.C.C.P) �•J STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No 0957 County of Riverside,and which newspaper has been CITY OF PALM DESERT adjudged a newspaper of general circulation by the CASE No.LEGAL NOTICE NO.ZOA 10-41 Superior Court of the County of Riverside,State of NOTICE IS HEREgy. GIVEN that a California under the date of March 24,1988.Case se��nC,9 will be held before the Palm DesertpPlanc "� ommrsslon to consider an amendment to Number 191236;that the notice,of which the Rang o aina 8hapter25.1g(Hillside Planned annexed is a printed copy(set in type not smaller opment of(one)Zone)rock toinut to pingsions and devel- croppings.' than non pariel,has been published in each regular SAID public heann will be held on Tuesda , and entire issue of said newspaper and not in any bee at to Palm Desert a Cr 73 510 Fred supplement thereof on the following dates,to wit: Waring Drive, Palm Desert, Camel'alifornia, at which- Gme and place all interested persons are invited to the attend and be heard. written rns corm ct March 5rh,2010 snalla ll ems pled od this public hearing notice and oranems c d de daproof h pro'e in the Department of Commun is jtvya9lableloor review the above address between the floure of g 00 atm. ledgs5.00 porn.Monday throe h Friday. if you chat- All in the year 2010 limited toraisingsadort actions In court,you may be one else raised the publliic Se Issues youe or some-: this notice or in written corresponderice deliv�erad I certify(or declare)under penalty of perjury that the to the hP Planning Commission at, or prior to, the' foregoing is true and correct. Palm Desert Commi�on Dated at Palm Springs,California this---5`h,----day Pubu.h t1:3/5✓1-- Planning of--------- Ma-ch ,2010 e