HomeMy WebLinkAboutRes No 2075PLANNING COMMISSION RESOLUTION NO. 2075
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO SECTIONS
25.25.016, 25.28.060, 25.30.220, 25.30.230, 25.30.240,
25.30.250 AND 25.30.270 OF THE MUNICIPAL CODE, THE
SETBACK REQUIREMENTS IN THE OP (OFFICE PROFESSIONAL),
C-1 (GENERAL COMMERCIAL) AND PC (PLANNED
COMMERCIAL) DISTRICTS.
CASE NO. ZOA 00-09 (REVISION NO. 1)
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of June, 2001, hold a duly noticed public hearing to consider an amendment
to the Palm Desert Municipal Code, Sections 25.25.016, 25.28.060, 25.30.220,
25.30.230, 25.30.240, 25.30.250 and 25.30.270 altering setback requirements in the C-
1, PC and OP districts; 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. 00-24," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; 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 objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance Amendment is consistent with the adopted General
Plan and affected specific plans; and
3. 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 Sections 25.25.016, 25.28.060,
25.30.220, 25.30.230, 25.30.240, 25.30.250 and 25.30.270.
PLANNING COMMISSION RESOLUTION NO. 2075
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 5th day of June, 2001, by the following vote, to wit:
AYES: JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: CAMPBELL, FINERTY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla ping Commission
2
PLANNING COMMISSION RESOLUTION NO. 2075
EXHIBIT "A"
1) That Section 25.25.016 C be amended to read as follows:
C. Street front and street side yards shall be a minimum of twelve feet with
an average of fifteen feet or one (1) foot of setback for every foot of building height
measured from the ultimate curb location, whichever is greater. On corner lots,
buildings shall be setback a minimum of two (2) feet for every foot of building height
and shall not encroach into the "daylight triangle" defined below. Said setback shall
be measured from the ultimate curb location.
"Daylight triangle" shall mean the triangular area formed by the ultimate
curb lines and a base line connecting the two curb lines. The base line shall be
established at a setback distance of two feet for each foot of building height
measured from the midpoint on the radius of the curb at the intersection to form a
right angle with the base line. See figure "A" attached.
Buildings or portions of buildings falling outside of the "daylight triangle"
shall be setback a minimum of twelve feet with an average of fifteen feet or one (1)
foot of setback from the ultimate curb location for each foot of building height,
whichever is greater.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in existence.
Where the City wishes to acquire property to implement a super block concept, said
acquisition shall be accomplished through purchase of the needed property rather
than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the curb
location when the street is constructed to its ultimate width as shown in the
Circulation Element of the General Plan.
2) That Section 25.28.060 be amended to read as follows:
25.28.060 Minimum street frontage setback.
The minimum street frontage setback shall be five feet. On corner Tots
buildings shall be setback a minimum of two (2) feet for every foot of building height
and shall not encroach into the "daylight triangle" defined below. Said setback shall
3
PLANNING COMMISSION RESOLUTION NO. 2075
be measured from the ultimate curb location . Said building height shall be measured
from average curb height adjacent to the property.
"Daylight triangle" shall mean the triangular area formed by the ultimate
curb lines and a base line connecting the two curb lines. The base line shall be
established at a setback distance of two feet for each foot of building height
measured from the midpoint on the radius of the curb at the intersection to form a
right angle with the base line. See figure "A" attached.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in existence.
Where the City wishes to acquire property to implement a super block concept, said
acquisition shall be accomplished through purchase of the needed property rather
than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the curb
location when the street is constructed to its ultimate width as shown in the
Circulation Element of the General Plan.
3) That Section 25.30.290 Special Setback Requirements be added to read as follows:
"Special Setback Requirements"
On interior lots in the PC zone districts setbacks shall be the greater of
the setback requirements of Section 25.30.220 for PC(2); Section 25.30.230 for
PC(3); Section 25.30.240 for PC(4); Section 25.30.250 for PC(1) or the provisions
of Section 25.30.270 (building setbacks from the planned street line) or one (1) foot
of setback for every foot of building height measured from the ultimate curb location.
On corner lots in the PC zone districts, buildings shall be setback from
the corner the greater of the setback requirements of Section 25.30.220 for PC(2);
Section 25.30.230 for PC(3); Section 25.30.240 for PC(4); Section 25.30.250 for
PC(1) or the provisions of Section 25.30.270 (building setbacks from the planned
street line or a minimum of two (2) feet for every foot of building height and shall not
encroach into the "daylight triangle" defined below. Said setback shall be measured
from the ultimate curb location. Said building height shall be measured from adjacent
curb height.
"Daylight triangle" shall mean the triangular area formed by the ultimate
curb lines and a base line connecting the two curb lines. The base line shall be
established at a setback distance of two feet for each foot of building height
4
PLANNING COMMISSION RESOLUTION NO. 2075
measured from the midpoint on the radius of the curb at the intersection to form a
right angle with the base line. See figure "A" attached.
Buildings or portions of buildings on corner Tots falling outside of the
"daylight triangle" shall be setback the greater of the setback requirements of Section
25.30.220 for PC(2); Section 25.30.230 for PC(3); Section 25.30.240 for PC(4);
Section 25.30.250 for PC(1) or the provisions of Section 25.30.270 (building
setbacks from the planned street line) or a minimum of one (1) foot of setback for
each foot of building height measured from the ultimate curb location.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in existence.
Where the City wishes to acquire property to implement a super block concept, said
acquisition shall be accomplished through purchase of the needed property rather
than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the curb
location when the street is constructed to its ultimate width as shown in the
Circulation Element of the General Plan.
5