HomeMy WebLinkAboutRes No 2644PLANNING COMMISSION RESOLUTION NO. 2644
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL TO APPROVE A ZONING ORDINANCE AMENDMENT (ZOA)
TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 "FENCES
AND WALLS" TO ALLOW FOR THE REPAIR AND MAINTENANCE OF
EXISTING NONCONFORMING FENCES, AND TO PROHIBIT
NONCONFORMING FENCE MATERIALS FROM THE CITY'S
ARCHITECTURAL REVIEW COMMISSION'S EXCEPTIONS
PROCEDURE
CASE NO: ZOA 14-421
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 3rd day of February, 2015, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above noted; and
WHEREAS, the City Council established a Fence Walls Committee to review the
City's Fence and Walls Ordinance and to recommend changes regarding the use of
specific materials and the maintenance of nonconforming materials; and
WHEREAS, the City's Architectural Review Commission (ARC) did review the
recommended ordinance changes at their meeting on January 13, 2015, and
unanimously approved the recommended changes to the Planning Commission; 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. 2014-41, the Director of Community Development has determined that the
project is exempt from CEQA review as the construction of such structures is listed as a
Class 3 (15303) Categorical Exemption under CEQA.
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 the
recommendation to the City Council of said request:
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 approval of Zoning
Ordinance Amendment 14-421 as proposed.
PLANNING COMMISSION RESOLUTION NO. 2644
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 3`d day of February 2015,
by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
KEN ST DELL, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2644
Exhibit A
SECTION 1: That Section 25.40.080(D) (Fences and Walls) of Palm Desert Municipal
Code is hereby amended to read as follows:
D. Maintenance of nonconforming fences.
1. Normal maintenance of nonconforming fences shall be permitted to preserve
a quality appearance. All repair and replacement of fence material shall be
treated, painted, or finished so that the newer portions of the fence are
indistinguishable from the existing fence. Changes in fence design or material
type are not considered repair and shall be required to conform to the location
and material standards listed in subsection C of this ordinance.
2. Existing nonconforming fences shall be maintained in good condition and in
accordance with Chapter 8.70.060 of the Property Maintenance Ordinance.
SECTION 1: That Section 25.40.080(E) (Fences and Walls) of Palm Desert Municipal
Code is hereby amended to read as follows:
E. Exceptions procedures.
1. ARC Review. Requests for exceptions to the above standards may be
reviewed and approved subject to the following findings:
i. 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.
ii. The exception shall not result in damage to adjacent properties.
iii. Property owners adjacent to the proposed exception shall be informed of
the application at least 10 days prior to the ARC meeting.
iv. There are no exceptions for new nonconforming materials including vinyl
and wood fences. Existing nonconforming fence materials shall conform to
subsection D of this section.
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