HomeMy WebLinkAboutORD 866ORDINANCE NO. 866
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING
AN AMENDMENT TO CHAPTER 25.16 OF THE
MUNICIPAL CODE RELATING TO DEVELOPMENT
STANDARDS OF THE R-1 ZONE.
CASE NO. ZOA 97-4
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of December, 1997, hold a duly noticed public hearing to consider amending Chapter
25.16 of the Municipal Code relating to Development Standards of the R-1 zone; and
WHEREAS, the Planning Commission, by Resolution No. 1839, 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, Resolution No.
97-18," in that the Director of Community Development has determined the amendment to
be a class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
arguments, if any, of all interested 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.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert,
as follows: .
1. That the above recitations are true and correct and constitute the consideration
of the council in this case.
2. That ZOA 97-4 as delineated in the attached Exhibit "A" is hereby ordained.
ORDINANCE NO. 866
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 8th day of January, 1998, by the following vote, to wit:
AYES: KELLY, FERGUSON, SPIEGEL, BENSON
NOES: CRITES
ABSENT: NONE
ABSTAIN: NONE
AT� T• 'f
SHEILA R. GIL GAN, City erk
City of Palm Desert, Calif is
v
M. BENSON, Mayor
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ORDINANCE NO. 866
EXHIBIT "A"
Chapter 25.16
R1 SINGLE-FAMILY RESIDENTIAL
DISTRICT
Sections:
25.16.010
Purpose.
25.16.020
Principal uses and structures permitted.
25.16.030
Conditional uses.
25.16.040
Prohibited uses.
25.16.050
Development standards for lots less than ten thousand square feet.
25.16.060
Development standards for lots larger than ten thousand square feet but less
than fifteen thousand square feet.
25.16.070
Development standards for lots larger than fifteen thousand square feet.
25.16.080
General development standards applicable to all lots.
25.16.090
Front yard setback exception.
25.16.100
Roof mounted equipment.
25.16.110
Private swimming pools and pool equipment.
25.16.120
Private tennis courts and sports courts.
25.16.130
Satellite dish antennas.
25.16.140
Air conditioning equipment.
25.16.010 Purpose.
It is the intent of the R1 district to encourage the preservation of residential neighborhoods
characterized by single-family buildings on medium-sized lots and to preserve undeveloped lands
for similar types of residential development by permitting a minimum of auxiliary nonresidential
uses. (Ord. 94, Section 1 (part), 1975: Exhibit A Section 25.10-1)
25.16.020 Principal uses and structures permitted.
The following uses and structures shall be permitted in any R1 district:
A. Accessory building, uses, and/or structures;
B. Domestic animals; .
C. Home based businesses, as provided in Chapter 25.66;
D. Private greenhouses and horticultural collections, flower and vegetable gardens;
E. Public parks and recreational facilities;
F. Single-family dwelling per lot;
G. Temporary uses as provided in Chapter 25.64.
(Ord. 128 Section 1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-2)
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ORDINANCE NO. 866
25.16.030 Conditional uses.
The following uses may be permitted subject to a conditional use permit:
A. Boarding houses and rooming houses;
B. Churches, convents, monasteries and other religious institutions;
C. Day nurseries and nursery schools;
D. Fire stations;
E. Private recreational facilities such as country clubs, tennis and swim clubs, golf
courses, with incidental, limited commercial uses which are commonly associated and
directly related to the primary use;
F. Private schools and colleges, not including art, business, or trade schools or
colleges;
G. Public educational institutions;
H. Public utility and public service facilities
I. Commercial parking lots when directly adjacent to the C-1 general commercial
zone and consistent with recommendations of an adopted specific plan. (Ord. 604 Section
2 (Exhibit A), 1990; Ord. 94 Section 1 (part), 1975: Exhibit A Section 25.10-3)
25.16.040 Prohibited uses.
All uses not specifically permitted within Sections 25.16.020 and 25.16.030 shall be
strictly prohibited within the (131) residential district. (Ord. 94 Section 1 (part), 1975:
Exhibit A Section 25.10-4) """""
25.16.050 Development standards for lots less than ten thousand square feet.
All development on lots less than ten thousand square feet as shown on the zoning map
shall comply to the following minimum development standards:
A. Minimum lot area, eight thousand square feet or larger as determined by the city
council and indicated on the zoning map;
B. Minimum lot width, seventy feet;
C. Minimum front yard, twenty feet;
D. Minimum rear yard, fifteen feet;
E. Minimum side yards, fourteen feet combined, each of which shall be not less than
five feet;
F. Minimum street side yard, ten feet;
G. Maximum building site coverage, thirty-five percent;
H. The minimum dwelling unit size as specified in Section 25.56.320 shall be one
thousand square feet on lots less than ten thousand square feet in size. (Ord. 128 Section
1 (part), 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-5 - 25.10-5.09)
25.16.060 Development standards for lots at least ten thousand square feet but less than
fifteen thousand square feet.
All development on lots at least ten thousand square feet but smaller than fifteen
thousand square feet as shown on the zoning map shall comply to the following
development standards.
A. Minimum lot depth, one hundred feet;
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ORDINANCE NO. 866
B. Minimum lot widths, ninety feet;
C. Minimum front yard, twenty feet;
D. Minimum rear yard, twenty feet;
E. Minimum side yards, twenty feet combined, no side less than eight feet;
F. Minimum street side yard, fifteen feet;
G. Maximum building site coverage, thirty-five percent;
H. The minimum dwelling unit size as specified in Section 25.56.320 shall be
increased to one thousand two hundred fifty square feet for all lots larger than ten thousand
square feet but smaller than fifteen thousand. (Ord. 128 Section 1 (part), 2, 1976: Ord.
94 Section 1 (part), 1975: Exhibit A Sections 25.10-6 - 25.10-6.08)
25.16.070 Development standards for lots fifteen thousand square feet or more.
All developments on lots fifteen thousand square feet or more as shown on the zoning
map shall comply to the following minimum development standards:
A. Minimum lot depth, one hundred twenty-five feet;
B. Minimum lot width, ninety feet;
C. Minimum front yard, twenty-five feet;
D. Minimum rear yard, twenty feet;
E. Minimum side yard, fifteen feet;
F. Minimum street side yard, fifteen feet;
G. The minimum dwelling unit size as specified in Section 25.56.320 shall be
increased to fifteen hundred square feet for all lots larger than fifteen thousand square feet;
H. Maximum building site coverage, thirty-five percent. (Ord. 128 Sections 1 (part),
3, 1976: Ord. 94 Section 1 (part), 1975: Exhibit A Sections 25.10-7 - 25.10-7.08)
25.16.080 General development standards applicable to all lots.
The following standards shall apply to all lots in an R1 district:
A. Maximum building height, eighteen feet and maximum one story in height. All
homes fifteen (15) feet in height or more shall be reviewed and approved by the A.R.C. prior
to issuance of building permits. If the property is within a homeowners association with a
bonafide architectural review process and the applicant obtains approval from that
architectural review body, the city's architectural review process may be waived;
B. Maximum building site coverage in the R-1 zone districts may be increased to as
much as 50% subject to review and approval by the Architectural Review Commission.
Items to be considered by the A.R.C. include, but are not limited to, building setbacks and
neighborhood compatibility.
C. All parking and loading shall comply with the provisions of Chapter 25.58;
D. For provisions regarding utilities, see Section 25.56.090;
E. All signs shall be in compliance with Chapter 25.68;
F. All development shall comply with the provisions of Chapter 25.70 for site plan
review by the Architectural Review Commission review process. (Ord. 94 Section 1 (part),
1975: Exhibit A Section 25.10-8 - 25.10-8.05).
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ORDINANCE NO. 866
25.16.090 Front, rear and side yard setback exceptions.
A. Front and/or rear yard setbacks may be reduced by up to twenty five percent of the
required setback provided that the average of each such setback, when considered on an `.A"
individual basis, is not less than the minimum required for the district (i.e. a 50 foot wide
dwelling which chooses to utilize a 25% reduction for 25 feet of its width must provide a
setback at least 25% greater than the minimum prescribed setback for the remaining 25 feet
of its width).
Notwithstanding the preceding, in the R-1 8,000 district the minimum rear yard may
be reduced to ten (10) feet provided that the average of the rear yard setback complies with
the 15 foot requirement.
B. In addition to the provisions of Section A, the required front, rear and side yard
setbacks on an irregularly shaped lot may be reduced by as much as 20% upon a showing that:
1. The lot in question is irregular in shape (i.e. the lot has significantly less width
or depth than the typical lot in the subdivision or the lot has more than four boundary lines and
the dimensions prevent a home typical of the neighborhood from being placed on the lot; and
2. The architectural review commission makes a determination that the reduced
setback(s) will not have a detrimental impact on the neighborhood.
25.16.100 Roof mounted equipment.
All roof mounted equipment including, but not limited to, heating, exhaust fans, cooling,
solar and antenna shall be screened to the greatest extent possible so as to preclude
viewing of same from adjacent residences, public ways and golf courses (public or private).
Exception: Satellite television antenna 39 inches or less in diameter and other roof mounted
equipment such as evaporative coolers or solar panels may be visible upon a showing that
screening of same would: 1) unreasonably delay or prevent installation, maintenance or use;
or 2) unreasonably increase the cost of installation, maintenance or use; or 3) preclude
reception of an acceptable quality signal.
25.16.110 Private swimming pools and pool equipment.
Private swimming pools shall be permitted on residential lots in accordance with the
standards listed below:
A. The water perimeter of the pool shall be no closer than five feet from any property
line unless appropriate engineering documentation is provided which shows that the pool
will not create a surcharge problem on structures at the property line. With appropriate
documentation the minimum setback may be reduced to two (2) feet from the property line;
B. All swimming pool equipment shall be housed in a building or be located behind
a screen wall of sufficient height to obscure said pool equipment from public view;
C. Swimming pool equipment pits shall be located a minimum of five feet from any_
property line. With appropriate structural documentation, the minimum setback may be
reduced to two (2) feet from the property line;
D. Swimming pool equipment shall not be located within a required side yard setback
adjacent to a structure unless it is demonstrated that the noise level at the property line will
comply with the noise levels of Municipal Code Section 9:24.030.
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ORDINANCE NO. 866
25.16.120 Private tennis courts and sports courts.
Private tennis courts/sports courts (courts) are subject to review and approval by the
Architectural Review Commission and shall be constructed consistent with the following:
A. A minimum ten (10) foot setback shall apply from side and rear lot lines, and a
minimum twenty foot setback shall apply from front lot lines;
B. There shall be no more than one tennis court and one sports court for each
residential parcel of land unless a conditional use permit is approved by the Planning
Commission;
C. Private tennis courts/sports courts shall not be used for commercial purposes, and
shall be used only by the residents and their invited guests;
D. All tennis courts/sports courts fencing shall not exceed ten feet in height as
measured from the elevation at the adjacent property line, and shall be screened from public
view and adjacent property with a combination of walls, berms and landscaping;
E. A landscape and irrigation plan shall be provided for review and approval by the
Architectural Review Commission.
F. If the proposal for a private tennis court/sports court includes the provision of
lighting for night play, the owner/applicant shall provide fully engineered lighting plan
pursuant to the provisions of Chapter 24.16 The City of Palm Desert, California Outdoor
Lighting Requirements;
G. If the tennis/sports court is depressed at least four (4) feet below the existing
grade or the fence is no more than six (6) feet above the adjacent grade then the court may
be located to within five (5) feet of the side and rear property lines.
Note: For purposes of this section, sports courts are defined as: "A walled or fenced
area for playing one of various games with a ball such as racquet ball, hand ball, basketball,
badminton and other similar outdoor activities."
H. Design and orientation of sports courts may be subject to Architectural Review
Commission review to insure minimum impacts on adjacent properties.
25.16.130 Satellite dish antennas.
A satellite receiving dish of more than 39 inches in diameter must conform to the
following standards:
A. The receiver shall not be visible from the street or be placed on a rooftop in a
required front setback, or any other required setback except a rear setback with no portion
of receiver located within five (5) feet of a property line;
B. Height from existing or finished adjacent grade, whichever is less, shall not exceed
fourteen (14) feet if within twenty (20) feet of a property line or eighteen (18) feet
otherwise.
25.16.140 Air conditioning equipment.
No air conditioning equipment shall be located closer than five (5) feet to any front or side
property line.
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