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HomeMy WebLinkAboutORD 299ORDINANCE NO. 299 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO THE MUNICIPAL CODE ADDING CHAPTER 25.73, PRECISE PLAN'S, DELETING SECTIONS 25.24.0709 25.24.080, 25.24.100, 25.30.060, 25.30.070, 25.30.090, 25.36.060, 25.36.070, 25.36.090; REVISING SECTIONS 25.24.060, 25.30.050 AND 25.36.060 AND CHAPTER 26.36. CASE NO. ZOA 10-81 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of May, 1982, hold a duly noticed public hearing to consider an amendment to the Municipal Code establishing a precise plan procedure; and WHEREAS, the Planning Commission, by Resolution No. 796, has recommended approval; and WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolutin No. 80-8911, in that the Director of Environmental Services has determined 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 persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the zoning ordinance amendment: 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 RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Chapter 25, by adding a Precise Plan procedure and revising portions of the Municipal Code as set forth therein. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, held on this 20th day of May, 1982, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: McPherson, Newbrander, Puluai. Snvder & Wilson None None None JI IL1L[ 1 1\. VIL LKTI II �, \ A a a La\a\ CITY OF PALM DESERT, IFORNIA Ar ORDINANCE NO. 299 EXHIBIT "A" I. Add Chapter 25.73 - Precise Plan. 25.73.010 When Required. A. No person shall commence any use for which a conditional use permit is required or any use not permitted in either the R-1, RE zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan of design covering the parcel or parcels to be so used shall be approved and adopted as herein provided. The precise plan of design may be filed and approved as a part of the conditional use permit procedure. B. Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan of design, tentative tract map, or tentative parcel map covering the property proposed to be graded or excavated has been approved and adopted as herein provided. This paragraph (B) shall not apply to the grading or excavation required in connection with (1) the construction of a swimming pool on property in the Residential zone or (2) the movement of less than 50 cubic yards of earth or (3) the grading of any parcel of property outside of the Hillside Overlay Zone so as to improve the land for emergency drainage purposes. 25.73.011 Contents of. Such precise plan of design shall specify and include: A. The location, size, height, and type of all structures including signs, walls and fences. B. The location, size and dimensions of all yards and setbacks and all spaces between structures. C. The plan of the proposed parking area for the development to which the parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to clearly indicate the proposed development including location, size, shape, design, curb cuts, lighting drainage, paving, parking stalls, landscaping, and other features and appurtenances of the proposed parking lot. D. The location, dimensions and method of improvement of all property to be dedicated to the public or to public utilities. E. Examples of proposed architectural treatment in the form of perspectives and elevations and such other data as may be required by the Planning Commission, Design Review Board or Environmental Services Director in evaluating the proposed development shall be required and become an integral part of such a submittal. F. In all zones other than single family residential or for any use specifically permitted in said zones, or for any use for which a conditional use permit is required --the general location, area, and type of landscaping. G. General nature of the proposed use. 25.73.012 Approval or Rejection of Precise Plan. Any such precise plan of design may be rejected, approved, modified and approved, or approved subject to conditions. Any such precise plan of design after approval, may be amended, in the same manner as a precise plan of design is first approved hereunder. 25.73.013 Approval or Rejection Considerations. A. In the approval or rejection of a precise plan of design, consideration shall -1- ORDINANCE NO. 299 be given and restrictions shall be imposed to the extent necessary, in view of the size and shape of the parcel and the present and proposed zoning and use of the subject property and the surrounding property, to permit the same degree of enjoyment of the subject property, but subject to the same degree of protection of adjoining properties, as would be accorded in normal circumstances by the standard restrictions imposed by this Chapter. The standard restrictions imposed in the various zones by this Chapter relating to the subjects mentioned in Section 27.73.011 are intended as minimum restrictions necessary in normal circumstances to prevent substantial depreciation of property values in the vicinity, unreasonable interference with the use and enjoyment of property in the vicinity by the occupants thereof for lawful purposes and the protection of the public peace, health, safety and general welfare. "Normal circumstances" are intended to refer to the case of a permitted case upon a lot of a normal size and shape surrounded by property in the same zone as the lot in question. B. If the proposed precise plan of design would substantially depreciate property values in the vicinity or would unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes or would endanger the public peace, health, safety or general welfare, such plan shall be rejected or shall be so modified or conditioned before adoption as to remove said objections. C. In addition to the foregoing grounds of rejection, the Planning Commission and City Council, as the case may be, may also consider and take into account the exterior architectural design, general exterior appearances, landscape, color, texture of surface materials and exterior construction, shape and bulk and other physical characteristics including location and type of public utility facilities, and if it is found that the proposed precise plan of design, including the considerations herein enumerated would interfere with the orderly development in the vicinity of said precise plan area, or with the existing or proposed use thereof, such precise plan of design shall be rejected or shall be so modified or conditioned before approval as to remove the said objections. 25.73.014 Approval subject to condition. A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance or the approval of a final subdivision map, and the Planning Commission or City Council may require such a precise plan of design to be submitted prior to the granting or recommending of a zone change, variance or conditional use permit. 25.73.015 Compliance required. No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect. 25.73.016 Continuance of existing plans. Any precise plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the precise plans are made null and void or amended at the time of adoption. 25.73.017 Distinction from other precise plans. The precise plans of design referred to herein are not to be confused with or considered to be precise plans as referred to in the Government Code of the State. 25.73.018 Street frontage requirements. No building or other structure to be used for any business or commercial purpose s-Fa-IFFereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one side of a public street between two intersecting streets and unless the front of such building or structure shall abut on and face such public street, provided, however, that when practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission or City Council may, upon the adoption of a precise plan of design for the development of a particular lot or parcel of land and upon such conditions as it may establish, expressly vary or waive the requirements of this section. 25.73.019 Failure to utilize a precise plan. -2- ORDINANCE NO. 299 A. Failure to utilize a precise plan within one (1) year of its effecive date (unless extended by action of the Planning Commission) will automatically void such precise plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the City should find that there has been no construction of substantial character taken or if such construction should lapse for more than six (6) months, the precise plan shall be void. B. Extension of time up to a maximum one (1) year may be granted from the date of expiration of the precise plan by the Planning Commission when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced. C. The Commission may grant additional time extensions up to a maximum of one year providing that there has not been adopted any changes to zoning regulations that would impact said precise plan. 25.73.020 Amendment to a precise plan. A. The Planning Commission may grant an amendment to the approved precise plan only after all procedures as set forth for the original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a precise plan of design. B. The Environmental Services Director may approve in writing on the approved precise plan minor modifications without the benefit of public hearing when such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan, and so long as said modification would not affect any other condition of approval. II. Revise the following sections of the Zoning Ordinance 25.24.060 Rezoning and Precise Plan requirements. The Planning Commission may initiate at its descretion the rezoning of properties, according to the provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone petition may be processed along; an approved precise plan as set forth in Chapter 25.73 shall be required prior to any development. Rezoning initiated by a any person or agency other than the City must be accompanied by a precise plan as set forth in Chapter 25.73. DELETE Sections 25.24.070 Development Plan, 25.24.080 Amendments to Development Plan, and 25.24.100 Development plan processing as separate matter. All references to plan in Chapter 25.24 shall be changed to precise plan. 25.30.050 Rezoning and precise plan requirements. The Planning Commission may initiate at its descretion the rezoning of properties, according to the provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone petition may be processed alone; an approved precise plan as set forth in Chapter 25.73 shall be required prior to any development. Rezoning initiated by a any person or agency, other than the city, must be accompanied by a precise plan as part of the change of zone application. DELETE Sections 25.30.060 Development Plan, 25.30.070 Amendments to development plan and 25.30.090 development plan processing as separate matter. All references to development plan in Chapter 25.30 shall be amended to read precise plan. -3- M*^%k ORDINANCE NO. 299 Section 25.36.050 Rezoning and precise plan requirements. The Planning Commission may initiate at its descretion the rezoning of properties, according to the provisions of Chapter 25.84. In cases of City initiated rezoning, the change of zone petition may be processed alone; an approved precise plan as set forth in Chapter 25.73 shall be required prior to any development. Rezoning initiated by any person or agency, other than the city, must be accompanied by a precise plan as part of the change of zone application. /lr fd c DELETE Sections 25.36.060 Development Plan, 25.36.070 Amendments of development plan, and Section 25.36.090 Development plan processing as separate matter. All references to development plan in Chapter 25.36 shall be revised to precise plan. -4-