HomeMy WebLinkAboutRes No 1796PLANNING COMMISSION RESOLUTION NO. 1796
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE
DISTRICT) AND 25.76 NONCONFORMING LOTS, BUILDINGS
AND USES.
CASE NOS. ZOA 97-2 AND ZOA 97-3
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of March, 1997, hold a duly noticed public hearing to consider amendment to
Chapter 25.14 and 25.76 of the Palm Desert Zoning Ordinance; and
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution No.
97-18," in that the Director of Community Development has determined the amendment to
be a Class 3 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts to justify its action as described below:
1. That the zoning ordinance amendments are consistent with the overall
objectives of the zoning ordinance.
2. That the zoning ordinance amendments are consistent with the objectives of
the adopted General Plan and implement recommendations of the Project Area
4 Specific Plan.
3. That the zoning ordinance amendments 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, as follows:
1. That the above recitations are true and correct and constitute the consideration
of the commission in this case.
2. That it does hereby recommend to city council approval Zoning Ordinance
Amendments 97-2 and 97-3, as provided in the attached exhibit, labeled
Exhibits "A" and "B".
PLANNING COMMISSION RESOLUTION NO. 1796
PASSED, APPROVED AND ADOPTED by the Palm Desert Planning Commission this
18th day of March, 1997, by the following vote, to wit:
AYES: BEATY, CAMPBELL, JONATHAN, FERGUSON
NOES: NONE
ABSENT: FERNANDEZ
ABSTAIN: NONE
ATTEST:
PHILIP DRELL Secretary
Palm Desert P anning Commission
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JAMES -"� T• RGUSON, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1796
EXHIBIT "A"
RE RESIDENTIAL ESTATE DISTRICT
25.14.020 Principal uses and structures
permitted.
The following are permitted uses in any RE district:
A. Accessory buildings, uses, and structures;
B. Domestic animals;
C. Guest dwelling;
D. Home occupations subject to the provisions of Chapter 25.66 as modified by
25.14.041;
E. One single-family dwelling per lot;
F. Public parks and recreational facilities;
G. Servant quarters;
H. Private greenhouses and horticultural collections;
I. Temporary uses as prescribed in Chapter 25.64. (Ord. 120 ss 1 (part), 1976: Ord. 94
ss 1 (part), 1975: Exhibit A ss 25.9-2)
25.14.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
A. Churches, convents, monasteries and other religious institutions;
B. Day nurseries and nursery schools;
C. Fire stations;
D. Public educational institutions;
E. Public utility and public service facilities;
F. Private schools and colleges, not including art, business, or trade schools or colleges;
G. Private recreational facilities such as country clubs, tennis and swim clubs, golf
courses, with incidental, limited commercial uses which are commonly associated and
directly related to the primary use;
H. Stables for boarding horses; and
I. Second unit senior housing subject to the provisions of Chapter 25.21 as modified by
25.14.043 (Ord. 94 ss 1 (part), 1975:Exhibit A ss 25.9-3)
25.14.041 Home occupations exception.
A. Home occupations or associated storage may be conducted in a dwelling or accessory
structure not to exceed 640 square feet;
B. It shall be unlawful to park or store any commercial vehicles on the property with the
exception of one pickup truck or van of 1 %2 tons or less.
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RE RESIDENTIAL ESTATE DISTRICT
C. One (1) employee may park his/her vehicle on the subject property for the purpose of
driving a commercial vehicle to a remote job site.
25.14.042 Horses.
Horses may be maintained in the RE zone subject to obtaining a permit approved by the
Director of Community Development and the following restriction and requirements:
A. A maximum of two (2) horses over the age of nine (9) months shall be permitted on
a lot 40,000 square feet or larger (total number of horses of all ages shall not exceed four
(4)
B. Horses must be kept within a corral and enclosed stable of the following minimum
dimensions:
1. Corral: Two hundred eighty-eight (288) square feet per horse; minimum dimensions
of twelve (12) feet by twenty-four (24) feet, one third is shaded.
2. Stable: One hundred forty-four (144) square feet, minimum dimension twelve (12)
feet by twelve (12) feet per horse. Stable shall be adequately ventilated.
C. Barns, corrals or stables constructed to maintain horses shall be located not Tess than
thirty-five (35) feet from any residence or habitable structure on the same lot and not less
than 50 feet from any residence or habitable structure on adjacent lots. Barns, corrals or
stables may be located within 50 feet of a front property line if the finding can be made that
the design and appearance of such structures are compatible with surrounding properties;
D. Animal manure shall be stored in water tight receptacles and properly disposed of not
less than once per week; and
E. Barns, corrals or stables shall be cleaned and maintained such that dust, flies and
odors shall not be detectable from adjacent properties and not less than once per week.
25.14.043 Second unit senior housing.
The second unit may be detached. Floor area shall not exceed 50% of the primary
dwelling.
25.14.080 Development standards for one gross
acre lots or Tess, but at least forty
thousand square feet net size.
All development on lots of one gross acre in size, at least forty thousand square feet net
size, as shown on the zoning map, shall comply with the following minimum development
standards:
A. Minimum lot area shall be forty thousand square feet (net size) as determined by the
city council and indicated on the zoning map;
B. Minimum front yard 30 feet;
C. Minimum lot width, one hundred fifty feet;
D. Minimum lot depth, two hundred feet;
E. Minimum rear yard, fifty feet;
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RE RESIDENTIAL ESTATE DISTRICT
F. Minimum side yards, fifteen feet;
G. The minimum dwelling unit size as specified in Section 25.56.320 shall be not Tess
than two thousand square feet for all lots at least forty thousand square feet net size;
H. When said zone district exists in conjunction with the hillside overlay district, the
setback provisions specified in this section shall not be applicable. The required setbacks
and minimum dwelling unit size shall be as approved by the planning commission as part of
their action on the required conditional use permit. (Ord. 212 ss 1 (part), 1979)
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RE RESIDENTIAL ESTATE DISTRICT
EXHIBIT "B"
NONCONFORMING LOTS, BUILDINGS AND USES
25.76.075 Conforming process for legal
nonconforming residential uses in
residential and office professional zones
Legal nonconforming residential uses in R-1, R-2, R-3 and OP zones may apply for legal
conforming status if they are brought into substantial compliance with present design
• quality standards. The architectural commission shall receive and review applications for
conforming status. As part of their review the architectural commission may require
significant upgrading and rehabilitation of the existing facility consistent with the constraints
of the original site plan. Reduction in the project dwelling unit total will only be considered
if it is required to protect public health and safety. If a rehabilitation plan is approved by the
architectural commission, required work must occur within one year. Once the plan has
been satisfactorily completed, a certificate of conforming status will be issued. Certificates
of conformance include a requirement that the project be maintained substantially in the
condition specified by the rehabilitation plan, in perpetuity. Failure to maintain the property
could result in revocation of conforming status. Decision of the architectural commission
may be appealed to the city council.
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