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Home My WebLink AboutORD 1091AORDINANCE NO. 1091A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE CHAPTER 25.56.195 AS IT RELATES TO WALL HEIGHTS AND LOCATIONS IN THE R-1, R-2, R-3 AND PR ZONE DISTRICTS. CASE NO. ZOA 04-04 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of April, 2005, hold a duly noticed public hearing to consider an amendment to the Palm Desert Municipal Code, Chapter 25.56.195, as described above; and WHEREAS, the Planning Commission has adopted its resolution No.2322 recommending approval of the proposed amendment; 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 City Council did find the following facts and reasons to exist to justify its approval 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. 3. That the Zoning Ordinance amendment would better serve the public health, safety and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That ZOA 04-04 as delineated in the attached Exhibit "A" is hereby ordained. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 1091A PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 281h day of April, 2005, by the following vote, to wit: AYES: KELLY, SPIEGEL, and CRITES NOES: NONE ABSENT: BENSON and FERGUSON ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ORDINANCE NO. 1091 A 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 lots 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 or wrought iron. b. Fences greater than 42-inches in height, but less 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 street, minimum of twenty feet from face of curb. Site inspection or photos shall insure that 3 ORDINANCE NO. 1091 A 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; Hi. Redwood, eedar or other approved deeay resistant wo produet; iv. Wrought iron. b. Interior rear and side yard fences not visible from the public right-of-way: Materials: i. Block --all types; ii. Redwood, cedar or other approved decay -resistant wood product; 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. 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. 0 ORDINANCE NO. 1091 A 5. The construction of tennis court fencing greater than six feet in height or use of chain link 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) If the property Is within a gated community with a homeowners association with a bona fide architectural review process and the applicant obtains approval from that architectural review body, the city's architectural review process may be waived. 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. I. Wall Color. Walls shall be finished in a desert color which shall be approved as part of this review process. H 5