HomeMy WebLinkAboutRes No 2322PLANNING COMMISSION RESOLUTION NO. 2322
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
TO CITY COUNCIL APPROVAL OF AN AMENDMENT TO
SECTION 25.56.195 OF THE MUNICIPAL CODE RELATING
TO STANDARDS FOR WALLS AND FENCES FOR SINGLE
FAMILY DWELLINGS IN THE R-1, R-2, R-3 AND PR ZONE
DISTRICTS.
CASE NO. ZOA 04-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 1st day of February, 2005, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Section 25.56.195 relating to wall and
fence standards for single family dwellings in the R-1, R-2, R-3 and PR zone 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. 04-106," 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.
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 Planning 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 Section 25.56.195.
PLANNING COMMISSION RESOLUTION NO. 2322
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 1st day of February, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE \ 1 ( 1
SAB A —Chairperson
ATTEST:
PHILIP DRELL, ecre.t r... .
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2322
EXHIBIT 'A'
That Municipal Code Section 25.56.195 be amended to read as follows:
25.56.195 Standards for walls and fences for single family residential Tots
in the R-1, R-2, R-3 and PR zone districts.
A. Purpose. The following wall and fence development standards specifying
location, material and review procedures are designed to remove all ambiguity and achieve
consistency throughout the city. The objective is to protect and reconcile the often
conflicting goals of aesthetics, privacy, security, view sight lines and drainage.
B. Review Procedures. All applications for fences and walls shall be subject to
on -site inspection prior to approval by both the Department of Community Development
and Building and Safety, unless the applicant submits photographs of the subject and
adjacent properties sufficient to demonstrate any impacts the wall(s) may create. In
addition, retaining walls will require approval by the Department of Public Works.
C. Wall Requirement --New Residential Construction. All new residential
construction shall include walls or fences of a minimum of five feet in height enclosing rear
and interior side yards.
D. Development Standards.
1. Walls and fences within front and street side setbacks:
a. Fences forty-two inches in height or less:
i. Location: may be located on property line, but in no
event less than a minimum of seven feet from face of curb. May not be located in public
right-of-way.
ii. Material: must be decorative material including
decorative blocks, stucco, wood split rail, open picket, or wrought iron.
b. Fences greater than 42-inches in height, but Tess than 61
inches in height:
i. Location: within front yard setback must be a minimum
of fifteen feet from face of curb. Within street side yards or rear yards fronting on a public
street, minimum of fifteen feet from face of curb. Site inspection or photos shall insure that
visibility adjacent to driveways and street corners shall not be impaired. (Reference:
Municipal Code Section 25.56.200)
ii. Material: decorative block, stucco, or wrought iron.
c. Fences 61 inches in height to 72 inches in height:
i. Location: within front yard setback must be a minimum
of twenty feet from face of curb. Within street side yards or rear yards fronting on a public
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PLANNING COMMISSION RESOLUTION NO. 2322
street, minimum of twenty feet from face of curb. Site inspection or photos shall insure that
visibility adjacent to driveways and street corners shall not be impaired. (Reference:
Municipal Code Section 25.56.200)
ii. Material: decorative block, stucco or wrought iron.
2. Wall and fences at or behind building setbacks to a maximum of
seventy-two inches in height:
a. Side yard tie-in fences, interior side yard and rear yard fences
visible from a public right-of-way:
Materials:
i. Decorative block;
ii. Precision block stuccoed or painted to match house;
iii. Redwood, cedar or other approved decay -resistant wood
product;
right-of-way:
product;
iv. Wrought iron.
b. Interior rear and side yard fences not visible from the public
Materials:
i. Block --all types;
ii. Redwood, cedar or other approved decay -resistant wood
iii. Wrought iron.
3. Retaining walls and combinations of retaining and wrought iron fences:
a. Retaining walls and combination walls located on a rear or
interior side property line associated with a cut slope shall be a maximum of six feet in
height measured from the highest adjoining grade. Material standards in subsection (D) (1)
of this section shall apply.
b. Retaining and combination wall or rear or interior side yards
associated with a fill slope shall be limited to a maximum of six feet in height of solid wall
material as measured from the lowest adjacent grade. A combination of solid and open
wrought iron fencing shall not exceed nine feet in height as measured from the lower
adjacent grade. The maximum combination fence height measured from the higher
adjacent grade shall not exceed six feet. In addition, the Department of Public Works shall
refer to Ordinance 514 amending Title 27 (the grading ordinance) as it applies to mitigating
adverse impacts of fill conditions.
c. Where a fill slope retaining wall is proposed adjacent to a
vacant lot which does not currently meet the city's grading ordinance, the city engineer
shall determine the lower adjacent grade based upon an assessment of the minimum
grade required on that vacant lot to meet the grade elevation drainage requirements.
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PLANNING COMMISSION RESOLUTION NO. 2322
4. Maintenance of nonconforming fences: Normal maintenance of
nonconforming fences shall be permitted to preserve a quality appearance. Major structural
repairs or replacement shall be required to conform to be above location and material
standards.
5. The construction of tennis court fencing greater than six feet in height
or use of chain Zink shall be subject to a conditional use permit.
E. Exceptions Procedures. Requests for exceptions to the above standards may
be brought before the Palm Desert architectural commission. For an exception to be
approved, the architectural commission must make a finding that unusual circumstances
exist which make the literal interpretation and enforcement of the standards impractical or
contrary to the purpose of the ordinance codified in this section and that the exception shall
not result in damage to adjacent properties. Property owners adjacent to the proposed
exception shall be informed of the application at least ten days prior to the architectural
commission meeting. (Ord. 557 (Exhibit A) (part), 1988)
F. Measuring Wall Height. Wall height shall be measured from natural grade at
the wall location.
G. Landscape Plan Required. A formal landscape plan shall be required to be
submitted and approved by the landscape manager prior to the approval of any application
for a wall adjacent to a public street.
H. Undulation of Walls. All walls adjacent to a public street shall be designed to
provide undulation (offset of at least 18 inches) or pilaster at least every 30 feet of linear
extent of the wall. Undulating walls may encroach up to 18 inches into required wall
setbacks.
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