HomeMy WebLinkAboutORD 972ORDINANCE NO. 972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO SECTIONS 25.25.016, 25.28.060,
25.30.220, 25.30.230, 25.30.240, 25.30.250 AND
25.30.270 OF THE MUNICIPAL CODE, THE SETBACK
REQUIREMENTS IN THE OP (OFFICE PROFESSIONAL), C-1
(GENERAL COMMERCIAL) AND PC (PLANNED
COMMERCIAL) DISTRICTS.
CASE NO. ZOA 00-09 (REVISION NO. 1)
WHEREAS, the City Council of the City of Palm Desert, California, did on the
28th day of June, 2001, hold a duly noticed public hearing to consider an amendment
to the Palm Desert Municipal Code, Sections 25.25.016, 25.28.060, 25.30.220,
25.30.230, 25.30.240, 25.30.250 and 25.30.270 altering setback requirements in
the C-1, PC and OP districts; and
WHEREAS, the Planning Commission by its Resolution No. 2075 recommended
approval of Case No. ZOA 00-09 (Revision No. 1); 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. 00-24," 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 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, California, as follows:
1 . That the above recitations are true and correct and constitute the findings
of the City Council in this case.
ORDINANCE NO. 972
2. That the City Council approves a Zoning Ordinance text amendment as
provided in the attached Exhibit "A" to amend Municipal Code Sections
25.25.016, 25.28.060, 25.30.220, 25.30.230, 25.30.240, 25.30.250
and 25.30.270.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 19th day of July , 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ST:
SHEILA R. G
City of Palm
BENSON, CRITES, SPIEGEL, FERGUSON
08100
KELLY
NONE
G", City Clerk
California
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ORDINANCE NO. 972
EXHIBIT "A"
1) That Section 25.25.016 C be amended to read as follows:
C. Street front and street side yards shall be a minimum of twelve
feet with an average of fifteen feet measured from the property line or one (1)
foot of setback for every foot of building height measured from the ultimate
curb location, whichever is greater. On corner lots, buildings shall be setback
a minimum of two (2) feet for every foot of building height and shall not
encroach into the "daylight triangle" defined below. Said setback shall be
measured from the ultimate curb location.
"Daylight triangle" shall mean the triangular area formed by the
ultimate curb lines and a base line connecting the two curb lines. The base line
shall be established at a setback distance of two feet for each foot of building
height measured from the midpoint on the radius of the curb at the intersection
to form a right angle with the base line. See figure "A" attached.
Buildings or portions of buildings falling outside of the "daylight
triangle" shall be setback a minimum of twelve feet with an average of fifteen
feet measured from the property line or one (1) foot of setback from the
ultimate curb location for each foot of building height, whichever is greater.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in
existence. Where the City wishes to acquire property to implement a super
block concept, said acquisition shall be accomplished through purchase of the
needed property rather than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the
curb location when the street is constructed to its ultimate width as shown in
the Circulation Element of the General Plan.
2) That Section 25.28.060 be amended to read as follows:
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ORDINANCE NO. 972_
25.28.060 Minimum street frontage setback.
The minimum street frontage setback shall be five feet. On corner
lots buildings shall be setback a minimum of two (2) feet for every foot of
building height and shall not encroach into the "daylight triangle" defined below.
Said setback shall be measured from the ultimate curb location. Said building
height shall be measured from average curb height adjacent to the property.
"Daylight triangle" shall mean the triangular area formed by the
ultimate curb lines and a base line connecting the two curb lines. The base line
shall be established at a setback distance of two feet for each foot of building
height measured from the midpoint on the radius of the curb at the intersection
to form a right angle with the base line. See figure "A" attached.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in
existence. Where the City wishes to acquire property to implement a super
block concept, said acquisition shall be accomplished through purchase of the ,R
needed property rather than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the
curb location when the street is constructed to its ultimate width as shown in
the Circulation Element of the General Plan.
3) That Section 25.30.290 Special Setback Requirements be added to read as
follows:
"Special Setback Requirements"
On interior lots in the PC zone districts setbacks shall be the
greater of the setback requirements of Section 25.30.220 for PC(2); Section
25.30.230 for PC(3); Section 25.30.240 for PC(4); Section 25.30.250 for
PC(1) or the provisions of Section 25.30.270 (building setbacks from the
planned street line) or one (1) foot of setback for every foot of building height
measured from the ultimate curb location.
On corner lots in the PC zone districts, buildings shall be setback
from the corner the greater of the setback requirements of Section 25.30.220
for PC(2); Section 25.30.230 for PC(3); Section 25.30.240 for PC(4); Section
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ORDINANCE NO. 972
25.30.250 for PC(1) or the provisions of Section 25.30.270 (building setbacks
from the planned street line or a minimum of two (2) feet for every foot of
building height and shall not encroach into the "daylight triangle" defined below.
Said setback shall be measured from the ultimate curb location. Said building
height shall be measured from adjacent curb height.
"Daylight triangle" shall mean the triangular area formed by the
ultimate curb lines and a base line connecting the two curb lines. The base line
shall be established at a setback distance of two feet for each foot of building
height measured from the midpoint on the radius of the curb at the intersection
to form a right angle with the base line. See figure "A" attached.
Buildings or portions of buildings on corner lots falling outside of
the "daylight triangle" shall be setback the greater of the setback requirements
of Section 25.30.220 for PC(2); Section 25.30.230 for PC(3); Section
25.30.240 for PC(4); Section 25.30.250 for PC(1) or the provisions of Section
25.30.270 (building setbacks from the planned street line) or a minimum of one
(1) foot of setback for each foot of building height measured from the ultimate
curb location.
On lots where the City has vacated right-of-way in favor of a super
block development concept, new buildings shall not encroach into the vacated
property and shall be setback as if the former property line was still in
existence. Where the City wishes to acquire property to implement a super
block concept, said acquisition shall be accomplished through purchase of the
needed property rather than the trading of development rights.
For purposes of this section "ultimate curb location" shall mean the
curb location when the street is constructed to its ultimate width as shown in
the Circulation Element of the General Plan.
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"A Ordinance No. '972
DAYLIGHT TRIANGLE
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DAYLIGHT TRLANaE
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property line