HomeMy WebLinkAboutRes No 2193PLANNING COMMISSION RESOLUTION NO. 2193
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT
TO THE WEST HILLS SPECIFIC PLAN "DEVELOPMENT
POLICIES" AND TO CHAPTER 25.15 HILLSIDE PLANNED
RESIDENTIAL (HPR) AS IT RELATES TO PERMITTED
DENSITY, LIMIT OF GRADING ACTIVITY AND OTHER
MATTERS.
CASE NOS. GPA 03-04 AND ZOA 02-06
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 1st day of April, 2003, hold a duly noticed public hearing which was continued
from March 4, 2003, to consider an amendment to the West Hills Specific Plan and
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. 02-60," in that the Director of Community Development has
determined that the amendment will not have a significant adverse impact on the
environment and a Negative Declaration of Environmental Impact has been prepared;
and
WHEREAS, the City has complied with the provisions of AB 2292 in that the
proposed down -zoning will be more than offset by up -zoning of other properties in the
city, which is being recommended in the general plan update (see additional discussion
in staff report dated March 4, 2003 which is adopted by reference herein); 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 amendment to the West Hills Specific Plan is consistent with
the objectives of the General Plan as it relates to limiting hillside
development.
2. That the Zoning Ordinance amendment is consistent with the objectives
of the Zoning Ordinance.
3. That the Zoning Ordinance amendment is consistent with the West Hills
Specific Plan as amended.
4. That the Zoning Ordinance amendment would better serve the public
health, safety and general welfare than the current regulations.
PLANNING COMMISSION RESOLUTION NO. 2193
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 a Negative Declaration of Environmental Impact, Exhibit A attached,
is recommended for certification to the City Council.
3. That the Planning Commission does hereby recommend to the City
Council approval of an amendment to the West Hills Specific Plan and a
Zoning Ordinance text amendment to amend Municipal Code Chapter
25.15 as provided in the attached Exhibit B.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of April, 2003, by the following vote, to
wit:
AYES: LOPEZ, TSCHOPP, CAMPBELL
NOES: FINERTY
ABSENT: NONE
ABSTAIN: JONATHAN
ATTEST:
PHILIP DRELL,ecretary
Palm Desert Planning Commission
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() ^ -
• SONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2193
EXHIBIT "A"
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: GPA 03-04 and ZOA 02-06
APPLICANT/PROJECT SPONSOR:
PROJECT DESCRIPTION/LOCATION:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Approval of an amendment to the West Hills Specific Plan and Chapter 25.15 Hil/side
Planned Residential (HPR) as it relates to permitted density, limit of grading activity and
other matters.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on the
environment. A copy of the Initial Study has been attached to document the reasons
in support of this finding. Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
April•2403
PHILIP DRELL 1 DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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PLANNING COMMISSION RESOLUTION NO. 2193
EXHIBIT "B"
ALTERNATIVE A
Chapter 25.15
HILLSIDE PLANNED RESIDENTIAL DISTRICT
Sections:
25.15.010
25.15.020
25.15.023
25.15.025
25.15.030
25.15.040
25.15.050
25.15.060
25.15.070
25.15.080
25.15.090
25.15.100
25.15.110
25.15.120
25.15.130
Purpose.
Permitted uses.
Principal uses and structures permitted.
Large family day care homes.
Development standards.
Abandoned uses.
Circulctien
Stfuettifel Architectural and landscape design.
Fire protection.
Erosion control.
Preservation of open space.
Submittal requirements for development plan.
Environmental assessment.
Required information.
Optional preliminary approval procedure.
25.15.010 Purpose.
The intent and purpose of the hillside planned residential district is:
A. To encourage only minimal grading in hillside areas that relates 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 landscape design which blends with the natural
terrain to the greatest practical extent;
C. Require the retention protection of viewsheds, natural landmarks and features
including vistas and the natural skyline as integral elements in development proposals
in hillside areas. (Ord. 322 (part), 1983)
25.15.020 Permitted uses.
Uses and activities permitted by approved development plan shall be as follows:
A. Grading;
B. Single-family attached or detached dwellings;
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PLANNING COMMISSION RESOLUTION NO. 2193
C. Land subdivisions;
D. Remodels and additions only require department of env-ifonmccital 3urvi3as
community development approval. (Ord. 322 (part), 1983)
25.15.023 Principal uses and structures permitted.
The following are permitted uses within any hillside planned residential district and
do not require pre -approval pursuant to a development plan:
A. Small family day care homes. (Ord. 742 § 5, 1994)
25.15.025 Large family day care homes.
Large family day care homes are permitted subject to a use permit pursuant to
Chapter 25.72A of this code. (Ord. 742 § 6, 1994)
(Replace Section 25.15.030 in its entirety with the following:)
25.15.030 Development standards.
Development standards shall be as recommended by the Planning Commission and
approved by the City Council in a public hearing and shall be based on the following
two topographic conditions. It is the responsibility of the applicant to provide sufficient
data supporting their request. Topographic data must be prepared by a registered civil
engineer.
A. Density.
1. Upper Slopes. Parcels with an average slope of 10% or greater
determined by the following Average Slope Formula, shall be entitled to a maximum
residential density of one unit per five acres. Regardless of size, all lots will be entitled
to at least one unit.
2. Toe of Slope. Owners of parcels located at the toe of slope may delineate
areas adjacent to the valley floor (minimum area one acre, minimum dimension one
hundred feet) which based on the Average Slope Formula are shown to have an
average slope of Tess than 10%. These areas will be assigned a maximum residential
density of one unit per acre. Regardless of size, all lots will be entitled to at least one
unit.
If the remaining area is four acres or greater, an additional unit may be
developed in the hillside pursuant to Subsection 1.
Applicants may propose a density transfer for units otherwise permitted
above the toe of slope to areas with Tess than 10% average slope if it results in the
unit(s) being placed in a location which will create less visual impact.
B. Grading.
Location of building pads and access roads shall be evaluated, approved or
adjusted based on consistency with the goals set forth in Section 25.15.010.
1. Building Pad Area. The maximum area permanently disturbed by grading
shall be based on the following table:
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PLANNING COMMISSION RESOLUTION NO. 2193
Percent of Slope Percentage Disturbed for Buildina Pad
36% and over 5%
10%-36% 7.5%
0% - 10% 50%
Regardless of size, all parcels will be allowed a minimum 2,000 square
foot building pad.
2. Access Road/Driveway. Maximum permanent grading disturbance of
natural terrain for development of access to the approved building pad shall be 3,000
square feet within the parcel being developed. Any area disturbed in excess of 3,000
square feet shall be deducted from the building pad allowance. Roads shall be located
and designed to blend with the natural terrain to the greatest practical extent
consistent with the goals of 25.15.010.
3. Renaturalization. All cuts, fills or other areas temporarily disturbed by
grading shall be re -naturalized, colored and landscaped to blend with the adjacent
undisturbed natural terrain to the greatest practical extent. Renaturalized areas shall
not be considered disturbed for proposes of Subsection B 1 and 2.
C. Average Slope Formula. The following formula shall be used to calculate average
slope and requires preparation of a topographic map of the subject parcel with
maximum five-foot contours.
S = .00229IL Where: S = Average percent slope
A I = Contour interval, in feet
L = Summation of the contour, in feet
A = Area of the parcel in acres, of
ownership being considered
25.15.040 Abandoned uses.
If, pursuant to this chapter, an existing building and/or building site is to be
abandoned, the abandoned building shall be removed from the site and properly
disposed of and the site regraded and landscaped to blend with the terrain prior to any
ether building pi: mi occupancy of any new building(s)
constructed on the site.
25.15.050 Gifettletion Lighting.
Exterior lighting shall be limited to that which is absolutely necessary for safety and
security and shall be in compliance with Chapter 24.16 of the Municipal Code. (Ord.
322 (part), 1983)
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PLANNING COMMISSION RESOLUTION NO. 2193
25.15.060 SS. tructtural Architectural and Landscape Design
Site plan review in accord with Chapter 25.70 is required for all development.
Structure height and setbacks shall be flexible in order to achieve the purposes of this
section. (Ord. 322 (part), 1983).
25.15.070 Fire protection.
In areas where there will be a fire hazard, in the opinion of the fire agency, the
following shall apply:
A. Clearance of brush or vegetative growth from structures and roadways shall be
in accordance with the uniform fire code and approved by the fire agency.
B. Roof shall be of incombustible material approved by the fire agency.
C. All easements for fire breaks shall be dedicated to this purpose through
recordation.
D. All buildings shall be equipped with fire suppression automatic sprinkler systems
approved by the fire marshal. (Ord. 322 (part), 1983)
25.15.080 Erosion control.
All manufactured slopes shall be planted or otherwise protected from the effects of
storm runoff and erosion within thirty days after completion of grading. Planting shall
be designed to blend with the surrounding terrain and the character of development.
(Ord. 322 (part), 1983)
25.15.090 Preservation of open space.
In order to insure permanent retention of the natural terrain as required in Section
25.15.040, a covenant approved by the city attorney shall be recorded dedicating all
building rights to the city and insuring that the natural areas shall remain as shown on
the plans approved by the city. (Ord. 322 (part), 1983)
25.15.100 Submittal requirements for development plan.
Prior to the issuance of any building or grading permit (unless otherwise provided),
or land subdivision, a Hillside Development Plan shall be approved reviewed by the
Architectural Review Commission, Planning Commission and approved by the City
Council. This may include, as determined by the Director of environmental s rvices
Community Development, the following information as set out in Sections 25.15.1 10
through 25.15.130. (Ord. 322 (part), 1983)
25.15.1 10 Environmental assessment.
All applications shall comply with the provisions of the California Environmental
Quality Act. (Ord. 322 (part), 1983)
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PLANNING COMMISSION RESOLUTION NO. 2193
25.15.120 Required information.
The Director of enviro; —r.t s Community Development and/or Planning
Commission may require any of the following information:
A. Accurate topographic maps indicating the following:
1. Natural topographic features with an overlay of the proposed contours of
the land after completion of the proposed grading.
2. Slope analysis with at least five-foot contour intervals and a slope
analysis showing the following slope categories:
10% - 15%
16% - 20%
21%-25%
26% - 30%
31% - 35%
36% and over,
3. Elevations of existing topographic features and the elevations of any
proposed building pads, street centerlines and property corners,
4. Locations and dimensions of all proposed cut and fill operations,
5. Locations and details of existing and proposed drainage patterns,
structures and retaining walls,
6. Locations of disposal sites for excess or excavated material,
7. Locations of existing trees, other significant vegetation and biological
features,
8. Locations of all significant geological features, including bluffs, ridgelines,
cliffs, canyons, rock outcroppings, fault lines and waterfalls,
9. Locations and sizes of proposed building areas and lot patterns,
10. Any other information required by the Planning Commission;
B. Site plans and architectural drawings illustrating the following:
1. Architectural characteristics of proposed buildings,
2. Vehicular and pedestrian circulation patterns, including street widths and
grades and other easements of public rights -of -way,
3. Utility lines and other service facilities, including water, gas, electricity
and sewage lines,
4. Landscaping, irrigation and exterior lighting plans,
5. Locations and design of proposed fences, screens, enclosures and
structures, including drainage facilities,
6. Any other information required by the Planning Commission;
C. Reports and surveys with recommendations from foundation engineers or
geologists based upon surface and subsurface exploration stating land capabilities,
including soil types, soil openings, hydrologic groups, slopes, runoff potential,
percolation data, soil depth, erosion potential and natural drainage patterns;
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PLANNING COMMISSION RESOLUTION NO. 2193
D. Archeological studies in areas where existing evidence seems to indicate that
significant artifacts of historic sites are likely to be encountered in order to insure that
these artifacts and/or sites are not inadvertently destroyed;
E. Additional information to include:
1 Average natural slope of land,
2. Acreage and square footage calculations,
3. Area of impermeable surfaces,
4. Ratio of parking area to total land area,
5. Ratio of open space to total land area,
6. Description of maintenance program for proposed developments involving
joint or common ownership,
7. Any other specific information determined to be of special interest
relevant to the applicant's proposal. (Ord. 322 (part), 1983)
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. 322 (part), 1983)
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