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HomeMy WebLinkAboutORD 977ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, PERTAINING TO PARKING LOT TREE STANDARDS. CASE NO. ZOA 00-10 WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th day of January, 2001, hold a duly noticed public hearing which was continued to February 8, 2001, to consider the above described amendment; and WHEREAS, the Planning Commission, by Planning Commission Resolution No. 2036, 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. 00-24," in that the Director of Community Development has determined the project 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 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 25.58. 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. 977 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 22nd day of March , 2001, by the following vote, to wit: AYES: BENSON, KELLY, FERGUSON NOES: NONE ABSENT: CRITES, SPIEGEL ABSTAIN: NONE ST:' SHEILA R. GIZLIGA ity Clerk City of Palm Dese_Val ifornia 0M 2 ORDINANCE NO. 977 EXHIBIT "A" 1. That Section 25.58.010 Purpose be amended to read: 25.58.010 Purpose The intent and purpose of these regulations is to provide properly designed parking areas and loading berths adequate in capacity, location and design to prevent traffic congestion and a shortage of curb spaces in the city. Off-street parking facilities shall be provided incidental to new uses and alterations and enlargements of existing uses. The number of parking spaces shall be in proportion to the need created by the particular type of use. Off-street parking and loading areas are to be established in a manner that will insure their usefulness, protect public safety, and where appropriate, buffer surrounding land uses from their impact. Parking lots shall be landscaped pursuant to provisions of this title. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-1) 2. That Section 25.58.090 Stall dimensions be amended to read: 25.58.090 Stall dimensions Each off-street parking stall shall consist of a rectangular area not less than nine feet wide by sixteen feet, six inches long plus two feet of overhang except as otherwise provided in this chapter. Parking spaces adjacent to tree planters may have a minimum length of fifteen feet plus two feet of overhang. End spaces where clear back -out space is restricted on one side shall be eleven feet in width. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-3.01) 3. That Section 25.58.100 Landscaping requirements be amended to read: 25.58.100 Landscaping requirements A minimum of fifteen percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, other plant material and hardscape material. A minimum of one-third of the required landscaping shall be distributed within the interior of the parking facility and the remaining two-thirds of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. All applicants creating new or rehabilitating parking lots shall provide a landscape plan for review and approval by the landscape manager and Architectural Review Commission for said parking lots. 3 ORDINANCE NO. 977 The landscape plan shall incorporate water conserving plant material and irrigation technology. All landscape irrigation design shall comply with the City's Parking Lot Tree Design Criteria and Specifications on file in the City Clerk's office. All landscape areas shall be well maintained in perpetuity. (Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-3.02) 4. That Section 25.58.120 Tree requirements be deleted and replaced with the following: 25.58.120 Tree requirements The intent of this code shall be to improve and maximize the landscaping within the off-street parking areas to provide fifty percent (50%) or more shade coverage within ten (10) years. In order to achieve this coverage the applicant shall plant multi -trunk trees in windy areas, and design, where possible, north/south oriented parking areas to provide maximum shade. Landscaping shall be provided and maintained to the extent that at least one medium or large-scale tree is planted for every three (3) parking stalls. A diversity of tree species is required. The minimum size tree planted shall be no less than a twenty-four (24") inch box tree, sized to specifications according to the American Standard for Nursery Stock (ANSI Z60.1) and Arizona Nursery Association Grower's standards. Low water use and "native" plant materials shall be encouraged and used to the greatest extent possible. Problematic trees having shallow or invasive roots or having brittle or weak branching structure shall be prohibited. All trees shall be planted and maintained according to the City of Palm Desert's "Landscape Installation and Maintenance Guidelines" and in such a manner to maximize the growth, health and longevity of the plantings. Parking lot trees adaptable to the Coachella Valley environment shall be selected and planted according to the recommended parking lot tree list in the City's "Parking Lot Tree Design Criteria and Specifications" on file in the City Clerk's office. (Ord. 596 § 2 (Exhibit A § 1), 1990: Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-3.04) 5. That Section 25.58.121 Parking lot hardscape requirements be amended to read: 25.58.121 Parking lot hardscape requirements Parking lot dividers, islands, planters and planting areas shall be a minimum of four feet wide and four feet long except that all new or retrofitted tree planters shall be a minimum of nine (9') feet by seven (T) feet, measured to the outside perimeter of .w S ORDINANCE NO. 971 the planter, and shall have no less than 48 square feet of permeable soil planting area. (Ord. 596 § 2 (Exhibit A § 2), 1990) 6. That Section 25.58.122 Parking lot tree irrigation requirements be amended to read: 25.58.122 Parking lot tree irrigation requirements Irrigation systems within parking lots shall be installed. The irrigation system shall be an automated system with an irrigation control timer and shall irrigate trees with drip emitters, bubbler heads, or subterranean low volume drip system as approved by the Landscape Manager. Trees shall be irrigated separately from shrubs and ground covers. Installed irrigation systems must be able to saturate all exposed soil areas to a depth of twenty-four (24") inches and/or to the lower boundary of the tree rooting zone. 7. That Section 25.58.123 Parking lot tree maintenance and installation requirements be amended to read: 25.58.123 Parking lot tree maintenance and installation requirements All plants and irrigation systems shall be installed according to the City of Palm Desert's "Landscape Installation Guidelines". The owner shall guarantee the quality of work, health and condition of plants and installation of materials including, but not limited to; plant types, size, spacing, and irrigation systems. Prior to final acceptance of the project, the City shall inspect and certify that the installation is in compliance with the approved plans and specifications. All corrections, adjustments, and/or replacement of landscape elements and execution of a "Landscape Maintenance Agreement" shall be done prior to final approval by the City. In the event corrections cannot be made or an installation cannot be completed prior to issuance of a "Certificate of Occupancy", the City shall require a cash deposit equal in value to the amount of landscaping not completed. A cash deposit is returned only when the City gives final approval of the project. (Ord. 596 § 2 (Exhibit A § 4), 1990) ORDINANCE NO. 977 Es] a That section 25.58.124 be added as follows: 25.58.124 Carport structures in lieu of required trees Notwithstanding the provisions of Section 25.58.120 Tree Requirements, part or all of the shade coverage requirement may be met through the installation of carport structures. The use of carport structures shall be approved through the architectural review process. The provision of carports shall not preclude the necessity for providing onsite perimeter landscaping. The carport design shall be integrated with the project architecture and landscaping with a view to creating an aesthetically well designed project. Each carport covered parking space shall be considered the equivalent of the planting of one required tree. That section 25.58.125 be added as follows: 25.58.125 Landscape maintenance agreement and maintenance requirements A "Landscape Maintenance Agreement" shall be required and executed prior to issuance of a "Certificate of Occupancy". The agreement shall insure that the long term care of all landscape elements is properly conducted to City standards. The City shall conduct periodic inspections to ensure that the agreement is adhered to by the owner of the property. The owner is ultimately responsible for maintaining all landscape and irrigation systems in perpetuity. If the landscape or irrigation system fails to pass inspection, the owner shall be responsible for making corrections and/or replacing materials to ensure compliance with applicable codes and regulations within thirty (30) days notice by the City, at the owner's expense. Maintenance shall include, but not be limited to; proper pruning, watering, and fertilization of plants; periodic replacement of mulch; irrigation system repairs and adjustments; removal, adjustment, and/or replacement of tree stakes and/or guy wires, and weed removal. All missing, dead, dying or significantly injured tree(s) must be replaced. Unless otherwise approved, a replacement tree(s) shall be the same size and type as removed. The minimum size replacement tree(s) allowed shall be no less than a twenty-four (24") boxed tree. All major tree pruning work for maintenance shall be supervised by an ISA certified arborist. All pruning shall be performed with an overall goal of providing maximum tree canopy development. The topping of trees is prohibited Pruning to reduce the 0 ORDINANCE NO. 977 cano�v coverage is also prohibited unless otherwise approved the Landscape Manager. All significantly injured, decayed or dead trees, and trees found to be significantly damaged by improper pruning shall be removed and replaced. All maintenance work performed shall be in accordance with the City of Palm Desert's "Landscape Maintenance Guidelines". 10. That Section 25.58.130 Landscape and irrigation system plan review be amended to read: 25.58.130 Landscape and irrigation system plan review Landscape and irrigation plans shall be submitted for review and approval through the architectural review process. All submittals must be in compliance with this ordinance and City ordinance 24.04 (water -efficient landscape). 11. That Section 25.58.140 Bumper or tire guard requirements be amended to read: 25.58.140 Bumper or tire guard requirements. Bumper or tire guards shall be provided along any property line which abuts a public walkway, street or alley; unless specifically waived by the architectural review board, planning commission or city council. (Ord. 314 (part), 1982: Ord. 98 § 1 (part), 1975: Exhibit A § 25.33-3.06) 12. That section 25.58.140 Lighting requirements be amended to read: 25.58.150 Lighting requirements Parking lot lighting shall conform to the requirements of Ordinance No. 826, Outdoor lighting requirements. 13. That Section 25.58.240 Parking design standards be amended to read: 25.58.240 Parking design standards All parking areas, other than single-family conventional development, shall be subject to the design standards set forth by amended (Ord. 314 (part), 1982: Ord. 98 § 1 7 Resolution No. of-6 as may be (part), 1975: Exhibit A § 25.33-5) ORDINANCE NO. 977 14. That Section 25.58.290A be amended to read: 25.58.290 Special parking design standards. All planter beds and tree planters shall be bordered by a concrete curb not less than six inches in height adjacent to the parking surface. 15. That Section 25.58.290 C be deleted. 16. That Section 25.58.360 be added as follows: 25.58.360 Exceptions The standards of Sections 25.58.090 through 25.58.200 and the "Design Standards for Off-street Parking Facilities" shall be required unless modified by the precise plan. 17. That Section 25.58.370 A through I be added as follows: 25.58.370 Definitions The following words and phrases shall apply in this chapter: 25.58.370A Certified Arborists A person demonstrating and passing a technical competence test showing knowledge in the growth and development and management of trees and other woody plants in the residential, commercial and public landscapes. Certification is obtained through the International Society of Arboricultural. 25.58.37013 Landscape Review Process Includes review by, but not limited to, the City of Palm Desert's Planning Department, Landscape manager and Architectural Review Commission 25.58.370C Large-scale Tree A tree whose average height is more than 50 feet tall. N ORDINANCE NO. 977 25.58.3701) Low Water Use A category of water consumption based upon local research and usually applied to plant material. 25.58.370E Medium -scale Tree A tree whose average height is between 35 to 45 feet tall. 25.58.370F Multi -trunk Tree A tree having three or more major branches originating from base of a tree. 25.58.370G Native: Originating naturally in a particular region or part of an area. 25.58.370H Planter(s): Designated confined planting areas located within a paved area intended to support the growth and development of trees and other plant materials. 25.58.3701 Topping: A severe type of pruning involving the cutting back of branches and the leaving of stubs at branch ends that produces less than desirable results with respect to the tree's natural form. 25.58.370.1 Tree Removal: Tree removal includes, but is not limited to, foliage, branches, limbs, trunk, crown, roots and any other underground material. ORDINANCE NO. 977 25.58.370D Low -Water Use A category of water consumption based upon local research and usually applied to plant material. 25.58.370E Medium -scale Tree A tree whose average height is between 35 to 45 feet tall. 25.58.370F Multi -trunk Tree A tree having three or more major branches originating from base of a tree. 25.58.370G Native: Originating naturally in a particular region or part of an area. 25.58.370H Planter(s): Designated confined planting areas located within a paved area intended to support the growth and development of trees and other plant materials. 25.58.3701 Topping: A severe type of pruning involving the cutting back of branches and the leaving of stubs at branch ends that produces less than desirable results with respect to the tree's natural form. 25.58.370J Tree Removal: Tree removal includes, but is not limited to, foliage, branches, limbs, trunk, crown, roots and any other underground material. 18. That Section 25.58.380 Applicability be added as follows: 25.58.380 Applicability That the provisions of this ordinance shall apply to all parking lots constructed after the date of adoption and shall apply to all existing parking lots undergoing substantial reconstruction. 9