HomeMy WebLinkAboutORD 322ORDINANCE NO 322
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE ZONING ORDINANCE TEXT,
AMENDING TITLE 25 OF THE MUNICIPAL CODE BY
CREATING CHAPTER 25.15 (H-PR - HILLSIDE
PLANNED RESIDENTIAL DISTRICT) AND DELETING
CHAPTER 25.52 (H - HILLSIDE DEVELOPMENT
OVERLAY DISTRICT) AND APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT.
CASE NO. ZOA 11-82
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WHEREAS, the City Council of the City of Palm Desert, California, did on the
13th day of January, 1983, hold a duly noticed public hearing, to consider amending Title
25 of the Municipal Code by creating Chapter 25.25 (H-PR - Hillside Planned Residential
District) and deleting Chapter 25.52 (H - Hillside Development Overlay District) and
approving a Negative Declaration of Environmental Impact.
WHEREAS, the Planning Commission, by Resolution No. 832 has recommended
approval;
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution
No. 80-89", in that the director of environmental services has determined the project will
not have a significant impact on the environment, and a Negative Declaration has been
prepared.
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 to justify its action 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.
The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN,
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".
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 Palm Desert City
Council, held on this 24th day of February, 1983, by the following vote, to wit:
AYES: JACKSON, KELLY, PULUQI
NOES: SNYDER, WILSON
ABSENT: NONE
ABSTAIN: NONE
M O S. PULUQI, Mayor
ATTEST: /
SHEILA R. GILUGAN, City
City of Palm Desert, Califo
CITY COUNCIL ORDINANCE NO. 322
EXHIBIT "A"
HILLSIDE PLANNED RESIDENTIAL DISTRICT
SECTIONS:
25.15.010 Purpose.
25.15.020 Permitted uses.
25.15.030 Development standards.
25.15.040 Abandoned uses.
25.15.050 Circulation.
25.15.060 Structural design.
25.15.070 Fire protection.
25.15.080 Erosion control.
25.15.100 Submittal requirements development plan.
25.15.110 Environmental assessment.
25.15.120 Required materials.
25.15.130 Optional preliminary approval procedure.
25.15.010 Purpose. The purpose and intent of the Hillside Planned Residential
District is:
A. 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 staircase effect within the development;
B. To retain natural vegetation which stabilizes slopes and where necessary to
require additional landscaping to stabilize slopes and maintain the necessary cuts and fills
in hillside areas;
C. Require the retention of natural landmarks and features including vistas and the
natural skyline as integral elements in development proposals in hillside areas.
25.15.020 Uses and activities permitted by approved development plan.
1. Grading.
2. Single family attached or detached dwellings.
3. Land subdivisions.
4. Remodels and additions only require department of environmental
services approval.
25.15.030 Development standards. Development standards shall be as approved by
the planning commission in a public hearing and shall be based upon the following
development options. The minimum density obtainable shall be 1 dwelling unit per 5 acres.
It will be the responsibility of the applicant to provide sufficient data supporting the
applicability of any option. The planning commission shall make a final determination
concerning which option or combination of options is appropriate. Firms submitting
topographic data must be registered civil engineers.
OPTION NO. I - PARCEL AVERAGE SLOPE METHOD
This option requires a topographic map of the entire parcel with maximum 5 foot
contour intervals. Using the following formula and tables the average slope for the entire
parcel is determined leading to density designations and grading limitations.
A. Average Slope Formula:
5=.00229IL Where: S = Average percent slope
A I = Contour interval, in feet
L = Summation of the contour length, in feet
A = Area of the parcel in acres, of ownership being
considered.
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CITY COUNCIL ORDINANCE NO. 322
B. Density within the district shall be based on the following scale:
Percent Slope Minimum Acreage Per Dwelling Unit
1.
10 - 15
0.66 acres;
2.
16 - 20
1.00 acres;
3.
21 - 25
1.25 acres;
4.
26 - 30
1.66 acres;
5.
31 - 35
2.50 acres;
6.
36 or over
5.00 acres.
C. Grading. 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 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. The following
table indicates the minimum percentage of a lot to remain in a natural state:
Percent Slope Percent of the lot to Remain in the Natural State
1.
10 - 15
32.5
2.
16 - 20
47.5
3.
21 - 25
62.5
4.
26 - 30
77.5
5.
31 - 35
92.5
6.
36 or over
95.0
(Ord. 97 SI(part), 1975: Exhibit A S25.29-3.02).
D. Density transfer. The planning commission may require a transfer of density
from one portion of a parcel to another, to mitigate adverse environmental or aesthetic
impacts.
OPTION NO. 2 - TOE OF SLOPE
Owners of parcels located at the toe of the slope may delineate areas adjacent to
the valley floor (minimum area .33 acre, minimum dimension 100 feet), which after
application of the slope formula described in Option No. 1 are shown to have an average
slope of less than 10%. These areas will no longer be subject to the restrictions contained
in this title, will be assigned a density of 3 d.u./acre and shall be developed according to
procedures set out in Chapter 25.24.
If the remaining area exceeds 4 acres, an additional unit may be developed in the
hillside. If the remainder is less than 4 acres, the hillside must remain undeveloped. For a
remainder larger than 5 acres, density will be determined through Option No. 1 or No. 3.
OPTION NO. 3 - DWELLING UNIT BUILDING SITE
Instead of determining density by the average slope of the entire parcel as in
Option No. 1, the applicant may delineate specific dwelling unit building sites whose
slopes are 20% or less and are not adjacent to the valley floor, if the following criteria is
met:
1. Minimum area of .5 acres.
2. Minimum dimension of 100 feet.
3. Maximum of overall density of one dwelling unit per acre.
The city may require any measure it feels necessary to mitigate adverse
environmental or aesthetic impacts of grading or construction. Location and grades of
access roads shall be as approved by the fire marshal and planning commission. If adverse
aesthetic and environmental impacts of site and access grading cannot be adequately
mitigated, then the designated location shall not qualify as a building site under this
option.
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CITY COUNCIL ORDINANCE NO. 322
Density for the area remaining after the application of Option No. 3, shall be
determined via Option No. 1 or No. 2.
Architectural design and materials shall to the greatest practical extent blend with
the natural terrain.
GRADING RESTRICTION FOR PROPERTIES OVER 10% SLOPE
DEVELOPED UNDER OPTION NO. 2 AND OPTION NO. 3
Grading on the site shall be limited to the minimum required for safe access and
the structural requirements of the dwelling unit. Grading for the building pad shall not
involve an area greater than 10,000 square feet. That area disturbed by grading other than
that required for access or building foundation, including all visible cuts or fills must be
contoured and landscaped to blend with the surrounding natural terrain prior to final
inspection or within one year following completion of grading if construction has not
commenced.
OPTION NO. 4 - PREFERRED DEVELOPMENT AREA
The ability of the city's architectural review commission process to insure proper
siting of units within the hillside is directly proportional to the size of the parcel. Certain
lots may not contain any acceptable sites while others may contain several. The larger the
parcel, the greater the likelyhood that suitable locations can be found. It is therefore
advantageous to encourage the consolidation of smaller parcels so that sites can be
developed according to aesthetic and environmental criteria instead of arbitrary existing
property lines. It is also the city's desire to concentrate development on the less visible
lower slopes.
The following option offers increased density for larger parcels or combination of
parcels submitted under one development plan if at least.ten acres are located in the
preferred development area as shown on the zoning map.
Density shall be based upon the following table:
AREA
10-19 acres
20 acres
DENSITY
2 d.u./5 acres
3. d.u./5 acres
Site location, grading, roads and architectural design shall be as approved by the
planning commission and architectural commission and shall minimize adverse aesthetic
and environmental impacts and shall maximize the preservation of the natural character
of the hillside.
This option cannot be applied in conjunction with any other options.
25.15.040 Abandoned uses. If pursuant to this section, an existing building and or
building site is to be abandoned, the abandoned building shall be removed from the site
and properly disposed of and the site regraded and landscaped to blend with the terrain
prior to any other building permits being issued for the property.
25.15.050 Circulation.
A. Street alignments where possible shall parallel contours of the natural terrain
and be located in valleys or on ridges so as not to be visible from the valley floor.
B. Street lighting, when required, shall be of low profile design and unobtrusive.
25.15.060 Structural design. Site plan review in accord with Chapter 25.70 is
required for all development.
Structure height and setbacks shall be flexible in order to- achieve the purposes of
this section.
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CITY COUNCIL ORDINANCE NO. 322
25.15.070 Fire protection. In areas where there will be a fire hazard, in the opinion
of the fire agency, the following shall apply:
A. 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.
B. Roof shall be of incombustible material approved by the fire agency.
C. All easements for fire breaks shall be dedicated to this purpose through
recordation.
D. All buildings shall be equipped with fire suppression automatic sprinkler
systems approved by the fire marshal.
25.15.080 Erosion control. All manufactured slopes shall be planted or otherwise
protected from the effects of storm runoff and erosion within thirty days after
completion of grading. Planting shall be designed to blend with the surrounding terrain and
the character of development.
25.15.090 Preservation of open space. In order to insure permanent retention of the
natural terrain as required in Section 25.15.040, a covenant approved by the city attorney
shall be recorded dedicating all building rights to the city and insuring that the natural
areas shall remain as shown. on. plans. approved by the city.
25.15.100 Submittal requirements for development plan. Prior to the issuance of
any building or grading permit unless otherwise provided), or land subdivision, a
development plan shall be approved by the planning commission. This may include, as
determined by the director of environmental services, the following information as set out
in Sections 25.15.110 through 25.15.130.
25.15.110 Environmental assessment. All applications shall comply with the
provisions of the California Environmental Quality Act.
25.15.120 Required information. The director of environmental services and or
planning commission may require any of the following information:
A. Accurate topographic maps indicating the following:
1. Natural topographic features with an overlay of the proposed contours of
the land after completion of the proposed grading;
2. Slope analysis with at least five-foot contour intervals and a slope analysis
showing the following slope categories:
10% - 15% 26% - 30%
16% - 20% 31 % - 35%
21 % - 25% 36% and over;
3. Elevations of existing topographic features and the elevations of any
proposed building pads, street centerlines and property corners; .. .
4. Locations and dimensions of all proposed cut and fill operations;
5. Locations and details of existing and proposed drainage patterns, structures
and retaining walls;
6. Locations of disposal sites for excess or excavated material;
7. Locations of existing trees, other significant vegetation and biological
features;
8. Locations of all significant geological features; including bluffs, ridgelines,
cliffs, canyons, rock outcroppings, fault lines and waterfalls.
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CITY COUNCIL ORDINANCE NO. 322
9. Locations and sizes of proposed building areas and lot patterns;
10. Any other information required by the planning commission;
B. Site plans and architectural drawings illustrating the following:
1. Architectural characteristics of proposed buildings;
2. Vehicular and pedestrian circulation patterns; including street widths and
grades and other easements of public rights -of -way;
3. Utility lines and other service facilities; including water, gas, electricity
and sewage lines;
4. Landscaping, irrigation and exterior lighting plans;
5. Locations and design of proposed fences, screens, enclosures and
structures; including drainage facilities;
6. Any other information required by the planning commission;
C. Reports and surveys with recommendations 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 patterns;
D. Archeological studies in areas where existing evidence seems to indicate that
significant artifacts of historic sites are likely to be encountered in order to insure that
these artifcats and/or sites are not inadvertently destroyed;
E. Additional information to include:
I. Average natural slope of the land;
2. Acreage and square footage calculations;
3. Area of impermeable surfaces;
4. Ratio of parking area to total land area;
5. Ratio of open space to total land area;
6. Description of maintenance program for proposed developments involving
joint or common ownership;
7. Any other specific information determined to be of special interest
relevant to the applicant's proposal.
25.15.130 Optional preliminary approval procedure. The applicant may choose to
submit information and request a preliminary approval from the planning commission
which will assign the appropriate development standard option, determine density,
identify building sites, access roads and locations. No permits shall be issued until final
approval is obtained.
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