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HomeMy WebLinkAboutRes No 092PLANNING COMMISSION RESOLUTION NO. 92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND RECOMMENDING TO THE CITY COUNCIL, THE ADOPTION OF CHAPTER 25 OF THE PALM DESERT MUNICIPAL CODE BY ORDINANCE. WHEREAS, the Planning Commission did on September 29, 1975, and on October 14, 1975 hold duly noticed public hearings to consider a new Zoning Ordinance known as Chapter 25 of the Municipal Code; and WHEREAS, an Environmental Impact Report including said Zoning Ordinance was recommended for certification as complete by the Planning Commission of Palm Desert on September 29, 1975; and WHEREAS, the preparation of this document has had countless hours of review and revision since January 27, 1975; and WHEREAS, the proposed Zoning Ordinance is in conformance with the adoption of the Palm Desert General Plan; and WHEREAS, the adoption of the Zoning Ordinance brings the zoning laws of the city in line with its adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and con- stitute the findings of the Commission in this case. 2. That it does hereby approve Chapter 25 of the Palm Desert Municipal Code to be known as the Palm Desert Zoning Ordinance as attached hereto as Exhibit "A" subject to the revisions specified in the attachment labeled Exhibit "B". 3. That it recommends to the City Council the adoption of Chapter 25 as amended as the City's Zoning Ordinance. 4. That it does recommend to the City Council, that they adopt the new Zoning Ordinance by 7 separate ordinances, in the following increments: 25.1 through 25.6 25.7 through 25.14 25.15 through 25.18 25.19 through 25.21 25.22 through 25.31 25.32 through 25.38 25.39 through 25.45 PLANNG COMMISSION RESOLUTION 92 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on October 14, 1975 by the following vote to wit: AYES: BERKEY, MULLINS, SEIDLER, VAN DE MARK NOES: NONE ABSENT:WILSON ATTEST: Attachment P,ILH D55ERT ZON/iVO ORD/N4VOE PL4IV#/#6' ca#iwss,av E-f'f//B/T -B PAGE # CHANGES TYPE OF CHANGE CHANGE 25.2 (1) Addition Alley - an access roadway or drive that provides service access to the rear or sides of a parcel. 25.2 (5) Change Duplex - An attached permanent building... 25.2 (5) Deletion Dwelling Group - delete the words"and one half" change 22 to 2 stories. 25.2 (9) Correction Line of sight - correct spelling of "ground" 25.2 (11) Addition Motel - add to the definition "The word Motel shall be referred to hereinafter as "hotel, inn, motor inn, or lodge." 25.5 (1) Change 25.5-3 Notwithstanding...required for any land use heretofore.... Palm Desert or the County of Riverside... 25.5 (1) Change 25.5-3 "governmental entitlement...provided further the conditions thereof are complied with; and that substantial construction has begun on a portion of of the project." 25.9 (2) Change 25.9-5.01 Minimum Lot Area - Minimum of forty thousand (40,000) feet. 25.9 (2) Change 25.9-5.02 Minimum Lot Width - One hundred fifty (150) feet. 25.9 (2) Change 25.9-5.04 Minimum Front Yard - Fifty (50) feet. 25.9 (2) Change 25.9-5.05 Minimum Side Yard - Twenty-five (25) feet. 25.9 (3) Change 25.9-5.08 Maximum Building Height - Thirty (30) feet. 25.9 (3) Addition 25.9-5.09 Minimum Dwelling Unit Size - The minimum dwelling unit size as specified in Section 25.32-8.01 shall not be less than two thousand (2,000) square feet. 25.9 (3) Change 25.9-5.09 to 25.9-5.10 25.9-5.10 to 25.9-5.11 25.9-5.11 to 25.9-5.12 25.9-5.12 to 25.9-5.13 25.10 (2) Change 25.10-5.02 Minimum Lot Width - Seventy (70) feet. CHANGES (continued) `w PAGE # 25.10 (2) 25.10 (2) 25.10 (3) 25.10 (3) 25.11 (1) 25.11 (2) 25.11 (2) 25.11 (3) 25.12 (1) 25.12 (1) 25.12 (1) 25.12 (3) 25.12 (3) 25.13 (2) 25.14 (7) 25.16 (1) TYPE OF CHANGE CHANGE Addition Change Change Change Deletion Change Addition Addition Deletion Deletion Change Addition Deletion Change Change Change 25.10-5.08 Minimum Dwelling Unit Size - The minimum dwelling unit size as specified in Section 25.32-8.01 shall be 1,000 square feet on lots less than 10,000 square feet in size. 25.10-6.01 Minimum Lot Width - Ninety (90) feet. 25.10-7.01 Minimum Lot Width - Ninety (90) feet. 25.10-7.02 Minimum Lot Depth - One hundred twenty-five (125) feet. 25.11-3 Delete words of condominiums (at bottom of page). 25.11-5.02 Minimum Lot Width - Seventy (70) feet. 25.11-5 Development Standards - The following development standards, except for minimum lot width, depth and setbacks not applying to Planned Residential Districts, shall apply to all development. 25.11-5.09 (except where the property is adjacent to the R-1 district, the building height shall be limited to one (1) story. 25.12-2 Delete words "row houses". 25.12-3 Delete words "and motels". 25.12-3 Change to eighteen (18) units. 25.12-5.10 (except where the property is adjacent to the R-1 district, the building height shall be limited to one (1) story). 25.12-6.01 delete sentence... "The free standing trash...of masonry block." 25.13-4.05 Minimum Project Lot Width five hundred (500) feet. 25.14-6.02(.5) change SF detached to. by the development plan." - Change to ."as approved 25.16-2 Permitted Uses Section was changed to read as follows: CHANGES (continued) Nwe PAGE # TYPE OF CHANGE CHANGE 25.16 (1) Change 26.16-2 PERMITTED USES - Personal services including but not limited to barber or beauty shops, tailors, and dressmaking shops; - Retail uses, including but not limited to, apparel furniture, appliances and other major household articles, variety goods, sporting goods, station- ery,toys, art goods, flowers, and other plants and boutiques; Other commercial uses as determined by the Plan- ning Commission which are deemed to enhance the character of the Community; Offices; governmental, professional, administra- tive, and general business; - Medical offices and clinics; - Accessory buildings and structures; Assembly, production, and storage of products normally sold or distributed from the place of business, if conducted within a completely enclosed building, within the intent and pur- pose of this district. 25.16 (1) Change 25.16-3 Conditional Uses - Section changed to read as follows: 25.16-3 CONDITIONAL USES - Automobile service stations, as specified in Section 25.32-9; - Amusement and recreation establishments in- cluding but not limited to theaters; - Hotels, not exceeding 24 units per acre; - Liquor stores; - Grocery stores; - Public Utility Installation; - Accessory structures and uses located on the same site as the conditional use; - Mortuary - Hospital; - Restaurants (except for drive-in or drive-thru). 'CHANGES (continued) Nwe PAGE # TYPE OF CHANGE CHANGE 25.17 (1-3) DELETED & RESERVED 25.18 (1) Deletion 25.18 (6) Addition 25.18 (9) Change 25.18 (9) Deletion 25.18 (10) Change 25.18 (11) Change 25.18 (11) Change 25.18 (12) Addition 25.20 (1) Addition 25.20 (2) Deletion 25.20 (2) Addition 25.20 (2) Change 25.20 (3) Change Entire Professional/Office District (C2) Section was deleted and reserved. 25.18-2 "and motel" and "motel" 25.18-5.01 (1) -15% of the entire site shall be landscaped unless otherwise specified. 25.18-5.03 (1) (b) maximum of 30 units/acre. 25.18-5.03 (3) "or two (2) stories, whichever is less." 25.18-5.03 (4) (a) Forty-five (45) to forty (40) 25.18-5.05 (1) (b) "forty (40) percent" 25.18-5.05 (3) maximum building height shall be thirty (30) feet. 25.18-5.05 (5) 20% of the entire property shall be landscaped unless otherwise specified. 25.20-2 Permitted Uses...add "mortuaries" 25.20-3 "Automobile Service Stations" 25.20-7.03 Minimum Lot Depth - One hundred (100) feet. 25.20-7.03 to 25.20-7.04 25.20-7.04 to 25.20-7.05 25.20-7.05 to 25.20-7.06 25.20-7.06 to 25.20-7.07 25.20-7.07 to 25.20-7.08 25.20-7.08 to 25.20-7.09 25.20-7.09 to 25.20-7.10 25.20-7.10 to 25.20-7.11 25.20-7.11 to 25.20-7.12 25.20-7.12 to 25.20-7.13 25.20-7.13 to 25.20-7.14 25.20 (4) Change 25.20-7.14 (1) A masonry wall at a minimum height between 5 and 7 feet. 25.20 (4) Change 25.20-7.14 to 25.20-7.15 25.20 (5) Change 25.20-7.15 to 25.20-7.16 ' `CHANGES (continued) PAGE # TYPE OF CHANGE CHANGE 25.24 (2) Deletion 25.25-5.06 "The free standing trash enclosure... of masonry block." 25.28 (1) Change 25.28 (2 & 3) Board to "Process" when referring to the Design Review Board and throughout the text. 25.31 (1) Addition 25.31-4 Specific Standards. All SP designations added to the R2 and R3 residential districts on the Zoning Map shall be limited to one (1) story, with the maximum height determined by the line of sight criteria. 25.32 (3) Addition 25.32-5...requirement, as provided by Section 26.7-3 of the Subdivision Ordinance. 25.32 (6) Addition 25.32-6...alteration, except in cases where the Director of Environmental Services determines that a cash deposit would be more appropriate. 25.32 (9) Change First sentence should read..."Said standards may be increased by the Design Review Process or Planning Commission." 25.32 (10) Addition 25.32-9.01 (1) All service stations shall front on streets designated as State highways... 25.32 (10) Deletion 25.39-9.01 (1) "in residential areas" 25.32 (10) Change 25.32-9.01 (6) "A minimum of twenty (20%)" 25.32 (11) Change 25.39-9.02 (4) "Not less than twenty (20%)" 25.33 (2) Addition 25.33-3.01 End spaces where clear back out space is restricted on one side, shall be eleven (11) feet in width. 25.33 (2) Addition 25.33-2.06 Special Limitations in Residential Zones (1) Trucks: The parking and/or storage of trucks exceeding a height of six and one-half (62) feet and/or twenty (20) feet in length shall be prohibited in any residential zone unless within an area screened from the street, providing, however, that said restriction shall not apply to trucks used during pickup and delivery or during construction or repair work while in service. (2) Boats and Travel Trailers: The parking and/or storing of boats and travel trailers shall be prohibited in any residential zone except as follows: a. Said vehicle is stored or parked in a mobile home park zone or Planned Residential District in specified areas. -5- .CHANGES (continued) PAGE # 25.33 (2) TYPE OF CHANGE CHANGE Addition (continued) 25.33-2.06 b. Said vehicle is temporarily parked for a period of time not to exceed forty-eight (48) consecutive hours, and not less than seventy-two (72) hours shall elapse between the last storage period and any subsequent storage period. c. Said vehicle is located within an enclosed building. d. Said vehicle is stored or parked outside of any required front, street side, side front yard and screened from view from any adjoining property or street. Where the parking or storage of such vehicles is per- mitted as provided above, said vehicle shall not be used for living, sleeping or housing purposes. 25.33 (6) Deletion 25.33-7 (A) (5) "salvage yard; junk yard; auto- mobile wrecking yard;" 25.33 (6) Change 25.33-7 (A) (5) Under Minimum Parking Stalls Required....Spaces shall be provided to meet the needs of the facility. 25.37 (1) RESERVED This entire Section was reserved for further study to clarify intent and purpose. 25.39 (7) Change in Sequence 25.39-4 Design Review Board was renumbered to of Articles 25.39-2. 25.39-2 to 25.39-3 25.39-3 to 25.39-4 25.39 (7) Change 25.39-4 Change to reflect new Ordinance No. 81 25.39 (9) Change 25.39-4.03 (1) (C) "A schematic landscape plan... 25.42 (2) Change 25.42-5 This Section was changed to read... "If the Zoning Administrator is unable to determine from information submitted by the applicant that a proposed use will comply with the required conditions for the district which it is to be located, he shall not issue a use certificate, but shall, at his option, secure expert professional advice from firms or individuals acceptable to the City as well as the applicant. 25.43 (1) Change Change first line to read..."It shall be the duty of the Director of Environmental Services to...."