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HomeMy WebLinkAboutORD 97ft'o _ ORDIIIAIIC>Z 110. !>� All ORDINANCR OR TH! CtTt Of PALM DESERT CALIFORNIA ADOPTtNO CHAPTER 23 SECTIONS 26.22 - 15.11 DIP THE PAIN DESERT MUNtCIAL CODE. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Sections 25.22 - 25.31, attached hereto and labeled Exhibit "A", and all revisions thereto, labeled Exhibit "B'•, are hereby adopted as portions of Chapter 25 of the Pals Desert Municipal Code. SECTION 2: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Pals Desert. California and the same shall be in force and effect thirty (30) days after adoption. PASSED. APPROVED, and ADOPTED this littiday of Decem er -1975. by the following vote: • AYES: ASTON, DENSON, BRUSH, McPHERSON ! CLARK HOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST so y� Cltv of Pals Desert, California R AsitICLE 25.2t PUBLIC/ZNSTZTUTIONAL DISTRICT 2S.22.1 Intent and Purpose iAe purpose and intent of this district is to provide for the orderly establishment of public facilities. expansion of their operations, or change in the use of lands owned, leased or otherwise controlled. by governmental agencies and for the orderly establishment of guasi- public institutional uses. 25.22-2 Permitted Uses No use shall be permitted without a Conditional Use Permit. 25.22.3 Conditional Uses The following uses shall be permitted subject to the issuance of a Conditional Use Permit: - Agricultural experimental facilities • Animal shelters • Cemeterses, crematories and columbariums and related facilities • Maintenance yards . Church • Flood control facilities ` • Libraries Historical landmarks • Hospitals • Public•buiidings and grounds, • Public or private non-prffit schools and collages • Public or private parks, golf courses golf driving ranges, zoos, wisp clubs and other recreation facil;tias • Public utility installations • T.Y. and radio recoNfat studies - • Accessory► uses an/ structures incidental to mWitional uses li.tt (1). r r y . l i jc 1 PUBLIC/INSTITUTIONAL (P) - Oovarnoent supporteed residential developments 25.22-4 Prohibited Uses All uses not specifically permitted within Article 25.22-3 shall be prohibited. 2S.22-6 Development Standards All development standards shall be as specified in the Conditlonal use Permit. 2S.224 Provisions for Site Plan Review A11 structures and uses shall be subject to Site Plan Review as prescribed in Article 25.39-2. �t_ - 25.22-7 Special Standards Mora. f C i ARTICLE 25.23 STUDY DISTRICT (S) 2S.23-1 Intent and P%mmse The purpose of the Study•Tlistrict is to provide the opportunity for review of areas where changing conditions or inadequacy of existing coning regulations indicate the need for special study and possible amendments to this Ordinance. 2S.23-2 Rezoning to Study District Any land may be rezoned to a Study District, if the Planning Commission or City Planning Staff is conducting or will immediately initiate studies or hearings which directly affect the development of said property. 2S.23-3 Non-conforminaUses No use or structure occupying a site immediately prior to its classification as a Study District shall become non -conforming by reason of being classified a Study District. 95.23-4 Uses C No new use shalt be.permitted by this Ordinance, either as a permitted. use or as a conditional use. No structure may be altered or enlarged. 25.23-5 Time Limitation Any ordinance rezoning any property to a Study District shall expire tweTva (12) months from the date of adoption. Notwith- standing. the ordinance establishing a Study District may establish an effective date of a lesser duration. Unless zoned to another district before the date of axplration, the property so affected shall mart automatically to the district or districts to which the property was included prior to being rezoned to the Study District. 16.13 (1) •G. 4 11 ARTICLE 25.24 OPEN SPACE (OS) 25.24-1 Intent and -Purpose The open space district is intended to provide for areas reserved for parks, public or private recreation, open space and governmental public uses, or in areas where a hazard to the public may exist. 25.24-2 Permitted Uses - Accessory buildings and uses customarily related to the permitted uses on the same lot. - Agriculture - - Governmental public facilities - Public parks and playgrounds; areas set aside for outdoor recreation, scenic view. and pedestrian, equestrian or bike and other trails. 25.24-3 Uses Permitted SubJect to a Conditional Use Permit - Cemeteries - - Communication and utility facilities - Educational and research institutions - facilities nocessary to preserve open space including public facilities • Private recreational facilities Recreation -oriented restaurants, eating and drinking places 25.24-4 Prohibited Uses All structures and uses not specifically perimitted in Article 25.24-2 and -3 shall be prohibited. 211.24.E Deyeloament Standadj 26.144.01 iinimium Lot Area Mere 211.24.5.02 Yard Raaairemmints 211.24 (1) OPEN SPACE (OS) IS.24-5.03 Nexlmum Building Height Thirty (30) feet. ELMS.% Off -Street Parking and Loading Requirements All parking and loading shall comply with the provisions of Article 25.33 of this Ordinance. 25.24-5.05 Utilities See Article 2S.32-6. 25.24-5.06 Trash Handling A trash enclosure shall be provided for all uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. No trash shall be allowed to extend above or beyond the enclosure. 2S.24-5.07 Signs All signs shall be in compliance with Article 25.38. 25.24-5.08 Outside Storage No outside storagi shall exceed the height of actual perimeter screening. 26.24-6 - Provisions for Site Plan Review All development shall be subject to Site Plan Review as prescribed in Article.25.39-2. 125.24-7 Special Standards None except as required under Conditional Use Permits. .a 16.14 (1) ARTICLE t5.25 MINING OVERLAY DISTRICTS t5.t5-1 Intent and Purpose 11ie purpose of the combining overlay districts is to allow the City to adequately provide for special environmental constraints which exist in the City and to provide the means by which developmental controls may be exercised to assure that such environmental con- straints are adequately considered when development occura in these areas. Y 1 . 1 " ts.a t1f .i ri t ARTICLE 25.26 MINMEWAY OISTR COTODPLAIN, WATERCOURSE OVERLAY 25.26-1 Intent and Purpose The `V District is intended to be applied to those areas of the City which. under present conditions. are known to be subject to flooding. The objectives of the "D" District shall be: - To prevent loss of life and property and to minimize* economic loss caused by flood flows. - Establish criteria for land management and use in flood -prone areas that is consistent with that proi I - gated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners. - To prohibit occupancy or the encroachment of any structure, improvement or development that would obstruct the natural flow of waters within a designated drainageway, floodway, or watercourse. - To regulate and control uses below the elevation of the 100 year flood flow. C It is contemplated that where flood control measures are provided so as to eliminate flood hazards the "D" District will be removed from the property. 25.26-2 - Application The "0" Overlay District shall be applied to those areas that are known to be subject to flooding as determined by the City Council, based on recommendations by the affected Flood Control District. 25.26-3 Uses Permitted SubJect to Issuance of a onditionTQse Permit The following uses and structursi shall be permitted in the "D" District subject to the issuance of a Conditional Use Permit by the Planning Commission: - Public utility facilities. • Temporary and readily removable strut tyres accessory to agricultural uses. - • Recreation areas parks campgrounds playgrounds, fishing hun ting nting clubs, riding and hiking trails, golf courses, .i 2i.26 (l) DRAINAGEWY (D) MU-5 Development Standards C The property development standards of the underlying :one shall apply Insofar as they pertain to the uses of this district. 2S.M-6 Provisions for Site Plan Review All development shall be subject to Site Plan Review as prescribed Im Article 25.39-2. 2S.26-Y Special Standards Standards None except as required under Conditional Use Permit. M ORAINAGEMAY (0) jolt driving ranges, polo fields, athletic fields, parking tots, alI of which involve only the open uie of land without permanent structures or improvements. New residential, commercial, industrial, and agricultural structures permitted by the underlying district regulations involved. and when they comply with all of the conditions listed below: (a)-Floodproofing and/or flood protective measures shall be required to be installed in a manner meeting with the approval of the Chief Engineer of the affected Flood - Control District. (b) Building and Health Code requirements applicable to Flood Plain Districts shall be complied with. (c) The bottoim elevation or fi Mt floor of any structure shall be at least one foot above the level of the 100 year flood. Exceptions may be recommended by the Building Official only for nonresidential structures yhich are adequately floodproofed, in accordance with the Building Code, up to the level of the 100 year flood. (d) Landfills, improvements. developments, or other encroachment C effect on the 100 year flood level such that the water surface elevations of the 100 year flood are increased by more than one foot shall be fully offset by requirements for stream improvements meeting with the approval of the Chief Engineer of the affected Flood Control District. 25.26-4 Uses Specifically Prohibited The following uses are specifically prohibited in the *DO District: - Landfills, improvements, developments, or other encroachments that would increase water surface elevations of the 100 year flood more then one foot or that cannot be fully offset by stream improvements as provided in Article 25.26-7. - Excavations that will tend to broaden the flood plain or direct flood flows out of the natural flood plain. - Storage of flostable substances or materials which will add .to the debris lad of a stream or watercourse. L 115.26 (2) ARTICLE t5.27 SEISMIC HAZARD OVERLAY DISTRICT (SH) 25.27-1 Intent and Purpose The purpose of the Seismic Hazard Overlay District is to protect life and property in the City of Palm Desert from the hazards of seismic activity and to set requirements for the level of earth- quake consideration that must be incorporated into development proposals prior to design and construction. 25.27-2 - Uses Permitted All uses permitted in the underlying district are permitted subject to the obtaining of a Conditional Use Permit approved by the Planning Commission. _ 25.27-3 Site Development Standards - ,A- - All the development standards and requirements set forth in the underlying district shall be complied with. - Standards and requirements in excess of those in the underlying district may be required in the Conditional Use Permit to mitigate possible seismic related•inpacts. - 25.27-4 Geological Soils Investigation - All applications for a Conditional Use Permit in the SH District shall be accompanied by a combined in-depth geologic and soils investigation prepared by a registered geologist, certified by the State of California as an engineering geologist, and by a licensed civil engineer qualified in soil mechanics. - Required geologic and soils investigations shall be based on the following considerations: (1) Adequate geologic napping, trenching and boring to determine that surface faulting and ground breakage has not occurred on the site, and is unlikely to occur in the futures (2) Adequate boring and field and laboratory testing to determine accurately the subsurface profile arb the static/dynamic properties of the &oil/rock • arterial&i C y • , SEISMIC HAZARD (SH) (3) Thorough regional studies of all possible causative faults and fault systems which could generate motions at the site; - (4) Studies to determine the character of ground motions at the sites (5) Calculation of design response spectra, based on repetition, and on structural properties (damping, ducting); (6) Careful dynamic design of cohesive structures with each element working as a part of the entire structural system; (7) Thorough study of the ways in which the structure might disassemble if it were to fail, and the Inclusion of redundant backup features to control disassembly so that outright collapse cannot occur, and (8) Design of anchorage and bracing for all critical instructure systems (examples: emergency power, heat.— Vight, oxygen supply, etc.), based on factors derived from dynamic analysis, providing generous and conservative safety factors. The manufactured equipment and appurtenances purchased for such a facility should be designed likewise. 25.27-5 Cost of Investication All cost and expenses incurred as a result of the requirements of this Article, including the cost and expense of an independent review of the material submitted hereunder by qualified persons retained br the City shall be borne by the applicant for the Conditlonel Use Permit. 26.27-6 Provisions for Site Plan iteview All permitted uses, except one family dwellings, and all -conditional uses shall be subject to Site Plan Review as prescribed in Article 25.39-2. . 25.ff (2) - •e c YldeyY. I � • • B C ARTICLE 2S.te NATURAL FACTORWRESTRICTED DEVELOPMENT 25.W l Intent and Purpose The purpote of this District is to provide for the continued availa. bility of land for the conservation of natural resources and the preservation and protection of wildlife habitat areas and areas with significant natural vegetation as limited resources. 2S. Wz Uses Permitted All uses permitted in the underlying district shall be permitted in this District subject to the careful consideration -by the Design Review Process of the preservation of the unique natural element -of the property. 2S.28-3 Development Standardt� • All the development standards and requirements set forth in the underlying district shall be complied With. • Additional standards for development may be required by • C the Design Review Process to insure that modification to existing natural vegetation and any disturbance of the terrain and natural land features are compatible with adjacent areas and will result'in a minimum disruption to the wildlife habitat and natural vegetation on the • site. 25.2" host of InvestioationI Ail costs and expenses incurred as a result of the requirements of this section including the cost and expenses of an independent review of the material submitted hereunder by qualified persons retained by the City shall be borne by the applicant. 25.2b-6 Provisions for Site Plan Review All development Within this overlay district shall be subject to the provisions prescribed in Article 25.39-2. 'd" ARTICLE 2S.29 HILLSIDE DEVELOPMENT OVERLAY DISTRICT (H) t 25.29-1 Intent and Purpose TM purpose and intent of the HILLSIDE DEVELOPMENT OVERLAY district is: - To encourage only minimal grading in Hillside Areas that relates to the natural contours of the land and will not result in . extensive cut and fill slopes that result in a padding or stair - ease effect within the development. - To retain natural vegetation which stabilizes slopes and where ce nessary require additional landscaping to stabilize slopes and maintain the necessary cut and fill slopes in Hillside Areas: - To encourage designs proposals for development in Hillside Areas that will materiall reduce the need for grading and disturbance of the natural environment in Hillside Areas. In order to encourage creative design,the planned Residential Development approach to development of those Hillsides which are designated as being potentially buildable by the General Plan is strongly encouraged. - Require the retention of natural landmarks and features C including vistas and the natural skyline as integral elements in development proposals in Hillside Areas. Hillside Areas are those areas indicated on the City's Zoning Map as having average slopes before grading in excess of ten percent. A5.29-2 Conditional Uses All uses in the underlying district are permitted subject to the issuance of a conditional use permit. The density for residential development within the district shall be determined on the basis of the average slope of the natural terrain.of the parcel. No grading or excavation of any kind shall be permitted until a Conditional Use Permit and/or.grading plan is approvtd. 25.29-3 De^wlooment Stadllards Average slope of a lot withioathe district shall be computed by application of the following formula to the natural slope. ".t9 (1) HILLSIDE (N) S� 00229IL Where: S • Average percent slope I - Contour interval, in feet _ L ■ Summation of the contour length, in feet A a Area of the parcel in acres, of ownership being considered Density within the district shall be based on the following scale: Percent Slope Minimum Acreage Per Dwelling Unit a. 10% - 1S% •0.66 acres - b. IS% - 20% 1.00 acres c. M - 25% 1.25 acres d. 25% - 30% 1.66-acres e. 30% - 35% 2.50 acres f. 35% and over 20.00 acres ;t- - Any area of the lot having a percentage of slope of 35% or greater shall be excluded from the allowable area that may be allowed in computing density. The area of both public and private streets shall be excluded in calculating net area of a lot. 25.29-3.02 Grading The minimum of percentage of a lot to remain in a natural state t without cut or fill'shall be determined on the basis of the average slope of -the natural terrain of the lot. Such determination shall be made on the basis of the natural state as being defined as the condition of the lot prior to any new development. Ths following _- table indicates the minimum percentage of a lot to remain in a - natural state: Percent of the Lot to Remain .Percent Slope in the Natural State a. 10% - 15% 32.5% b. 15% - 20% 47.5% c. 20% - 25% 52.5% d. 25% - 30% 77.6% o. 30% - 35% 92.5% f. 35% or greater 97.5% 9$.29-3.03 . Circulation (1) Street alignments where possible shyl parallel contours of the natural terrain and be located in valleys or on ridges at locations not visible from the valley floor. 1. 25.29 (2) ,.41 HILLSIDE (R) •.002291 Mheret I - Average opt ur interval, slope feet L ■ Summation of the contour length, in feet A • Area of the parcel in acres, of ownership being considered Dmity within the district shall be based on the following scale: Percent Slope Minimum Acreage Per Dwelling Unit a. 10% - 15% 0.66 acres b. 1S% - 20% 1.00 acres c. 20% - 25% 1.25 acres d. 25% - 30% 1.66 acres e. 30% - 35% 2.50 acres f. 35% and over 20.00 acres Any area of the lot having a percentage of slope of 35% or greater - shall be excluded from the allowable area that may be allowed in computing density. The area of both public and private streets shall be excluded in calculating net area of a lot. 25.29-3.02 6radin The minimum of percentage of a lot to remain in a natural state without cut or fill'shall be determined on the basis of the average slope of the nAurai terrain of the lot. Such determination shall be mwde on the basis of the natural state as being defined as the condition of the lot prior to any new development. Ths following table indicates the minimum percentage of a lot to remain in a natural state. Percent of the Lot to Remain breent Slope in the Natural State a. 10% - 16% 32.6% b. 1S% - 20% 47.5% C. 20% - 25% 62.6% d. 26% - 30% 77.6% e. 30% - 35% 92.5% f. M or greater : 97.5% ti.t9-3.03 • Circulation (i) Street alignments where possible shall parallel contours of the natural terrain and be located in valleys or on ridges at locations not visible from the valley floor. IS." (1) L • HILLSIDE (H) (2)Where streets required ll between valley ridge the principal of gr ding-shabe half cut/haffillrtherthan all cut or all fill and where possible shall not be at locations visible from the valley floor. • (3) Sidtwalks; when required, need not parallel the curb line. (4) Street lighting, when required, shall be of low profile design . and unobstrusive. 25.29-3.04 Structural Design (1) Site plan review in accord with Article 25.39-2 is required for • all development in a hillside development overlay district. (2) Lot size, height units and setbacks shall be flexible in order to achieve the purposes of this section. 25.29-3.05 Fire Protection In areas where there will be a fire hazard, in the opinion of the Fire AgerKy, the following shall apply: (1) 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. - (2) Roof shall be of fire retardant material approved by the•Fire Agency. (3) All easements for firb breaks shall be dedicated to this purpose through recordation. 25.29-3.06 Erosion Control All manufactured slopes shall be planted or otherwise protected from the effects of storm run-off and erosion within 30 days after completion of grading. Planting shall be designed to blend with the surrounding terrain and the character of development. 25.29-3.07 preservation of Open Soace In order to insure permanent retention of the natural terrain as required in Section 25.29-3.02, a covenant approved by the City Attorney shall be recorded dedicating all• building rights to the City of Palm Desert and insuring that said natural areas shalt.. remain as shown on plans approved by the City. 0. n,n (3) V • oe .1• HILLSIDE (H) F1 ts.29-3.08 Submittal Requirements for Conditional Use Permit C ►riot to the issuance of any building or grading permit for any development in those areas designated with a Hillside Overlay District, a conditional use permit shall be approved by the Planning Commission. The application for the conditional use permit shall include the following information: (1) Environmental Assessment: A conditional use permit for • preliminary Site, Grading or Improvement Plans shall undergo an initial environmental assessment by the City staff to determine whether the proposed development could nave a significant adverse effect on the environment pursuant to the California Environmental Quality Act (CEQA) of 1970 and would, therefore, require the subsequent preparation of an Environmental Impact Report. If an Environmental Impact Report is required, the City Planning Commission shall emphasize compliance with CEQA by critically reviewing EIR's and suggesting mitigation measures that could be incorporated into the initial Site, Grading and/or Improvement Plan. Procedures to minimize disturbances to natural terrain, drainage patterns, wildlife habitats, historically significant areas and migratory routes of animals shall be considered and evaluated by the C City Planning Commission. (2) Required Materials: In consideration of the granting of approval of a conditional use permit for Preliminary Site, Grading or Improvement Plans, the City Planning Commission requires the submission of: (a) Accurate topographic maps indicating: - • Natural topographic features with an.overlay of the pproposed contours of the land after completion of tM proposed grading; - Slope analysis with at least five (5) feet contour intervals and a slope analysis showing the following slope categories: IDS - IS% 25% - 30% 15% - 20% 30% - 35% 90% - 26% 35% and over • Elevations of existing topogqrapphhic features and the elevations of any proposed building pads, street _contorlines and property corners; • - locations and dimensions of ail proposed cut and fill. oporationsl •`locations and details of existing and pro sod drain- age patterns, structures and retaining walls; 16." (4) B HILLSIDE (H) - Locations of disposal sites for excess or excavated ( uterial; - locations of existing trees, other significant vege- tation and biological features; - locations of all significant geological features; including bluffs, ridgelines, cliffs, canyons, rock outcroppings, fault lines and waterfalls. • Locations and sizes of proposed building areas and - lot patterns; If - Any other information required by the Planning Comission " (b) Site plans and architectural drawings illustrating: - Architectural characteristics of proposed buildings; - Vehicular and pedestrian circulation patterns; in- cluding street widths'and grades and other easements or public rights -of -way; - Utility lines and other service facilities; including s+ater, gas, electricity.and sewage lines; C - Landscaping, irrigation and•exterior lighting plans; - Locations and design of proposed fences screens, enclosures and other structures; including drainage _ facilities; .. - Any other information required by the Planning Commission • (e) ReRe its andand�Surveys with recoamendations 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 patters. (d) Arrcheolo ical Studies in areas where existing evidence se«ss— o I $to 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. (o) (Idditl4f+ I jnfomation I& i!Sludes L • Avera" natural slope of the land '• • Acreage and fquare.footap calculations • Ratio of structures to total land area • Ratio of parking spaces to buildinp square footage total land • Ratio of parking area to area 26.19 (6) .• HILLSIDE (H) (e) Additional information (continued): - Ratio of open space to total land area - Description of maintenance program for proposed developments involving joint or common ownership - Any other specific information determined by the • Planning Commission to be of special interest relevant to the applicant's proposal. Discretion may be exercised by the Planning Commission in their approval of a conditional use permit for Preliminary Site, Grading or Improvement Plans. Conditional approval may be made to insure that building design, safety considerations and public facilities; including proposed landscaping, irrigation, lighting, fencing, screening and other improvements are designed in concert with the natural characteristics of the Hillside Areas so as to enhance scenic, natural and historic amenities; including the natural skyline. (3) Final Site Grading and Improvement Plan A roval: Upon approval of a conditional use permit for Preliminary Site, Grading and/or Improvement Plans, the applicant should pre- pare Final Site, Grading and/or Improvement Plans which - incorporate the terms and conditions specified by the -. City Planning Commission in their action of approval or conditional approval. Recommendations shall, thereafter, be :made to the City Council relative to the proposal and subsequent authorization to issue a Building and/or Grading . Peea2t. . •f - IS." (f) 0 ARTICLE 25.30 RESERVED. C..r . n.30 (1) r o.: ALIT = ZS.31 SCENIC PRESERVATION OVERLAY (SP) 2S.31-1 Intent and Purpose it is the purpose of the Scenic Preservation Overlay to designate base scenic corridors which have a special aesthetic quality and to provide the opportunity for special standards for development in these areas to protect that quality. 25.31-2 Permitted and Conditional Uses Any permitted or conditional use which is allowed within the base district shall be allowed provided that it shall first be reviewed and approved by the Design Review Board and/or Planning Commission which shall have taken specific notice of the fact that such development - is within a scenic corridor as noted within the City's General Plan. ZS.31-3 Development Standards the development standards of the underlying base district, in addition to any conditions which may be required by the Design Review Board, shall apply. The Design Review Board shall be concerned with at least the following: (1) Preservation of Scenic•Vistas (2) SetCacks (3) Landscaping (4) "/wilding Heights • (5) Signs (6) Mitigation of excessive noise impacts. 95.314 Specific Standards All 5P desi ''ations added to the RZ and R3 residential districts on CM Zoning Map shall be liimited•to one (1) story, with the maximum height determined by the line of sight criteria.